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  • Notice of Fault - 1

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    valtec
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    This document is a "Notice of Fault and Opportunity to Cure" filed in the Supreme Court of New York regarding a case between Bank of America and John Doe. It states that John Doe served Bank of America with interrogatories on July 5, 2010 but has not received a response over 60 days later, creating a fault on the part of Bank of America. The notice gives Bank of America 3 days to cure the fault by responding to the interrogatories, otherwise the statements and claims in the interrogatories will be deemed admitted.

    Original Description:

    SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK FWMN537 ——————————————————————X BANK OF AMERICA Plaintiff(s), vs. JOHN DOE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., AS NOMINEE FOR COUNTRYWIDE BANK,N.A.; RAYMOND JACKSON; Defendant(s)/Pro Se ——————————————————————X Statement of facts Index No:15696/08 NOTICE OF FAULT AND OPPORTUNITY TO CURE 1. On July 5th 2010 I mailed to Fein Such & Crane Attorneys for plaintiff interrogatories pursuant to CPLR 3130 by certified mail return receipt

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    Notice of Fault_1

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    This document is a "Notice of Fault and Opportunity to Cure" filed in the Supreme Court of New York regarding a case between Bank of America and John Doe. It states that John Doe served Bank of America with interrogatories on July 5, 2010 but has not received a response over 60 days later, creating a fault on the part of Bank of America. The notice gives Bank of America 3 days to cure the fault by responding to the interrogatories, otherwise the statements and claims in the interrogatories will be deemed admitted.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    480 views2 pages

    Notice of Fault - 1

    Uploaded by

    valtec
    This document is a "Notice of Fault and Opportunity to Cure" filed in the Supreme Court of New York regarding a case between Bank of America and John Doe. It states that John Doe served Bank of America with interrogatories on July 5, 2010 but has not received a response over 60 days later, creating a fault on the part of Bank of America. The notice gives Bank of America 3 days to cure the fault by responding to the interrogatories, otherwise the statements and claims in the interrogatories will be deemed admitted.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    SUPREME COURT OF THE STATE OF NEW YORK

    COUNTY OF SUFFOLK
    FWMN537
    ——————————————————————X
    BANK OF AMERICA Index No:15696/08

    Plaintiff(s), NOTICE OF FAULT AND


    OPPORTUNITY TO CURE

    vs.

    JOHN DOE; MORTGAGE ELECTRONIC


    REGISTRATION SYSTEMS. INC., AS NOMINEE FOR
    COUNTRYWIDE BANK,N.A.; CONRAD JAYNE;
    Defendant(s)/Pro Se
    ——————————————————————X

    Statement of facts

    1. On July 5th 2010 I mailed to Fein Such & Crane Attorneys for plaintiff interrogatories pursuant to

    CPLR 3130 by certified mail return receipt Article Number(s) # 0000 0000 0000 0000 0000 .

    CPLR § 2103(b)(2) provides that “where a period of time prescribed by law is measured from

    the service of a paper and service is by mail, five days shall be added to the prescribed period.”

    3. Therefore you had 25 days from July 5th 2010 or until around August 30th, 2010 to serve your

    answer or make an appropriate motion. The USPS track and confirm shows that you received the

    documents on July 12th as of today’s date no response has been received when well over 60 days

    has elapsed.

    4. I have not received an answer from plaintiff or plaintiff’s attorney

    5. Plaintiff is at fault in this matter.

    6. The Plaintiff have not requested an extension of time to Answer nor has one been

    granted.

    7. As an operation of law Plaintiff BANK OF AMERICA


    by dishonor of non-response has created a fault.

    Opportunity To Cure___

    In the event that Plaintiff’s failure to respond to the “Request for Interrogatories” and “Request

    for Production of documents” was an oversight, mistake or otherwise unintentional, Rob Jayne

    (Affiant) grants Plaintiff BANK OF AMERICA three (3) days, exclusive of the day of receipt,

    to cure the fault. Failure to cure will constitute, as an operation of law, Respondent’s final

    admission and agreement to all statements and claims made by affiant through tacit procuration

    pertaining to “Request for Interrogatories” and “Request for Production of documents” and the

    whole matter shall be deemed res judicata and stare decisis. Response by Plaintiff must be

    served on Defendant exactly as provided below/overleaf and using registered and traceable mail

    service:

    John Doe
    ___________________________________
    c/o 231 Town rd John Doe
    Any Town, NA 00000

    Sworn To Before Me

    This ___day of ________2010

    ________________________
    NOTARY

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