ACT

Actions, defects in

Requirement

ACTR01 STG

Affidavit of Service defective but curable

In connection with action in ________ Court, _________ County under Index No. ______/_______, entitled: _____________________, Plaintiff(s), against ____________________, (et al), Defendant(s), the affidavit of service on defendant ______________, who has an interest in the premises as [fee owner, part fee owner, mortgage holder, judgment creditor], is defective in that [state nature of defect]. Company requires:
Use a. Corrected affidavit of service must be obtained and properly filed in said action.
proper
clause b. Corrected affidavit of service must be obtained and properly filed by order of court, nunc pro tunc as of [fill in date].

ACTR03 STG

Affidavit of Service defective, which is incura

In connection with action in __________ Court, ____________ County under Index No. _________/_______, entitled: _____________________________, Plaintiff(s), against _________________________________________, (et al), Defendant(s), the affidavit of service on defendant ______________________, who has an interest in the premises as [fee owner, part fee owner, mortgage holder, judgment creditor], is defective in that [state nature of defect].
Use a. Said defendant held an interest in the fee and Company requires that deed be obtained from that defendant.
proper
clause b. Said defendant is the holder of a mortgage in the sum of $____________ made by [Name of mortgagor] to [Name of mortgagee], dated __________, recorded on ____________, in [Liber, Record Liber, Reel, etc.]______(M)p ___________. Company requires that said mortgage be satisfied and discharged of record.
 c. Said defendant is the holder of the following judgment affecting the title herein and Company requires that such judgment be either released as to the premises herein or satisfied of record in the County Clerk’s office;  [Set up as follows:
 Judgment in:  ________ Court, ________ County;
 Amount:  $_____________,
 Perfected:  ___/___/____,
 Docketed: ___/___/____,
 Debtor:  _________________
 Creditor:  _________________,
 Attorney for Judgment Creditor ___________________.]

ACTR04 STG

Where Order of Reference fails to direct and Re

In action [Insert plaintiff’s name], plaintiff, v. [Insert defendant’s name] (and others), defendant(s), Index No. ______, the order appointing the referee does not require the referee to take proof of the facts and circumstances and to examine the plaintiff or agent on oath despite the fact there are infants or absentees in said action, nor does it appear that such proof was taken. Company requires the judgment of foreclosure and sale be vacated, the order of reference resettled and proper proceedings must be had in said action in accordance with the law.

ACTR05 STG

Where Order of Reference fails to direct taking

In action [Insert plaintiff’s name], plaintiff, v. [Insert defendant’s name] (and others), defendant(s), Index No. ______, the order appointing the referee does not require the referee to take proof of the facts and circumstances and to examine the plaintiff or agent on oath despite the fact there are infants or absentees in said action, although the referee’s report shows such proof was taken. The order of reference should be resettled to properly direct the referee to take proofs of the facts and circumstances and to examine the plaintiff or plaintiff’s agent under oath.

ACTR06 STG

Where Order of Reference directs taking, etc. b

In action [Insert plaintiff’s name], plaintiff, v. [Insert defendant’s name] (and others), defendant(s), Index No. ______, the order appointing the referee requires the referee to take proof of the facts and circumstances and to examine the plaintiff or agent on oath , but it appears that the referee has failed to report, and no proof appears in the file. If the referee did in fact take such proof, it must be filed and the report of the referee amended nunc pro tunc and the judgment granted thereunder must be confirmed. If no proof was taken, then the judgment of foreclosure and sale must be vacated, the reference reopened and proper proceedings must be had in said action in accordance with the law.

ACTR07 STG

Unauthorized appearance for absentee or non-res

_____________ [Name], a non-resident residing at [address] appeared by [Insert name] of [address] in the following action:
______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________
No authorization accompanies such appearance and no affidavit of service appears in the record. A duly signed and acknowledged instrument must be obtained from said defendant authorizing the appearance of said attorney on the defendant’s behalf, and said authorization must be filed by order of the Court nunc pro tunc with the judgment roll. In lieu thereof:
Use a. A deed must be obtained from said defendant, who had an interest in the fee.
Proper
Clause b. Mortgage in the sum of $_______ made by [Name] to [name] dated __________, recorded ________ in [Liber, Record Liber, Reel, etc.] _______ (M)p ________ held by said defendant must be satisfied and discharged of record.
 c. The following judgment held by defendant must be either released as to the premises herein or else satisfied of record: [Set up as follows:
 Judgment in:  ________ Court, ________ County
 Amount:  $_____________,
 Perfected:  ___/___/____,
 Docketed: ___/___/____,
 Debtor:  _________________
 Creditor:  _________________,
 Attorney for Judgment Creditor ___________________.

ACTR08 STG

Must be discontinued

Said action must be discontinued and notice of pendency canceled.

ACTR09 STG

Where the complaint fails to state all the reas

The United States of America was joined as a defendant in the following action:
______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The complaint does not state that the defendant is joined by reason of the item set forth as Exception [Set out the Exception number].
Use a. (Where order of reference not yet obtained) A supplemental summons and amended complaint should be issued and new service made of same in accordance with Federal Law, or [the exception raised as No. {set forth number} [or set out the item] must be otherwise disposed of.
 b. (Where action has passed the order of reference) The order of reference and all subsequent proceedings had in said action must be vacated, a supplemental summons and amended complaint issued and new service made thereof in accordance with Federal Law or [the exception raised as No. {set forth number} [or set out the item] must be otherwise disposed of.
Cross Reference: Exceptions under the topic Foreclosure

ACTR10 STG

Where the complaint fails to state the reasons

The People of the State of New York are joined as a defendant in the following action:
______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The complaint does not properly state the facts required for the purpose of barring [the item set forth herein as exception No. _______ or set forth the item]. The complaint must be amended to properly state the facts required or the item must be otherwise disposed of.

ACTR11 STG

Where the complaint fails to show why the City

The City of New York is joined as a defendant in the following action:
______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The complaint does not properly state the facts required for the purpose of barring [the item set forth herein as exception No. _______ or set forth the item]. The complaint must be amended to properly state the facts required or the item must be otherwise disposed of.

ACTR12 STG

Where complaint fails to show reason for naming

The City of _____________ is joined as a defendant in the following action:
 ______________ Court,
 ______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The complaint does not properly state the facts required for the purpose of barring [the item set forth herein as exception No. _______ or set forth the item]. The complaint must be amended to properly state the facts required or the item must be otherwise disposed of.

ACTR13 STG

Failure to show proof as to military service

________________(insert name) is a party defendant in the following action:
______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
No proofs appear which show that said person was not in the military service and no attorney was appointed for such defendant. Proof is required that such defendant was not in the military service as defined by the military service laws at the time of the application for judgment in said action. Said defendant had an interest in the premises, and in lieu thereof:
a. A deed must be obtained from said defendant, who had an interest in the fee.
b. Mortgage in the sum of $_______ made by [Name] to [name] dated __________, recorded ________ in [Liber, Record Liber, Reel, etc.] _______ (M)p ________ held by said defendant must be satisfied and discharged of record.
c. The following judgment held by defendant must be either released as to the premises herein or else satisfied of record:
Judgment in:  ________ Court, ________ County;
Amount:  $_____________,

Perfected:  ___/___/____,
Docketed: ___/___/____,
Debtor:  _________________
Creditor:  _________________,
Attorney for Judgment Creditor ___________________.]

ACTR14 STG

Confirmation of Report of Sale-(mil. service)

An attorney was appointed to represent a person or persons in the military service in the following action:

______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The referee’s report of sale and the sale reported therein must be confirmed as provided in the military service laws.

ACTR15 STG

Service by other than in-hand delivery to party

Title to the premises described in Schedule A is certified subject to the provisions of CPLR §317, and policy will except any loss, claim or litigation by reason of insufficiency of service on _________________ in the following foreclosure action:

______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________
to foreclose mortgage in (Liber) (Record Liber) (Reel) _____ (of Mortgages,) page _____.

ACTR16 STG

Proof of Service, Answer or Appearance not time

Proof of service has not been filed on a timely basis as to the following defendant(s): ____________________________ in the following action:
 ______________ Court,
 ______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
Proof is required to show that an answer or notice of appearance was interposed by such defendant within the time period for filing the affidavit of service. If such proof is not obtained, said action was deemed dismissed as to such defendant(s) by reason of the application of CPLR §306-b, and the following will be required:

Use a. Said defendant held an interest in the fee and deed should be obtained from that defendant.

proper
clause b. Said defendant is the holder of a mortgage in the sum of $____________ made by [Name of mortgagor] to [Name of mortgagee], dated __________, recorded on ____________, in [Liber, Record Liber, Reel, etc.]______(M)p ___________, which mortgage must be satisfied and discharged of record.

 c. Said defendant is the holder of the following judgment affecting the title herein and such judgment must be either released as to the premises herein or satisfied of record in the County Clerk’s office; [Set up as follows:

Judgment in:  ________ Court, ________ County;
Amount:  $_____________,
Perfected:  ___/___/____,
Docketed: ___/___/____,
Debtor:  _________________
Creditor:  _________________,
Attorney for Judgment Creditor ___________________.]

ACTR17 STG

General Set-up of a pending Action

Action in  ______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________
Summons & Complaint filed: __/__/__
Notice of Pendency Filed: __/__/__
Nature of Action:

ACTR19 STG

ACTR19

Said action must be discontinued, the notice of pendency canceled, and the judgment vacated.

ACTR20 STG

ACTR20

Said action must be discontinued, the notice of pendency canceled, [the judgment vacated,] and the order must provide, or the parties must stipulate, that the contract under which the claim is made has been canceled.

ACTR21 STG

Notice to be given or proof of notice missing o

Notice of _____________ must be given to: ________________. A review of the court file does not disclose proof that such notice was given.