WAYNE COUNTY
SUMMONS
Supplemental Summons and Notice of Object of Action SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WAYNE ACTION TO FORECLOSE A MORTGAGE INDEX #: CV093181 MIDFIRST BANK Plaintiff, vs DAVID E. STOUT, JR. AKA DAVID STOUT IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF, UNITED STATES OF AMERICA ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, MARINER FINANCE, LLC, PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA ON BEHALF OF THE IRS JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). MORTGAGED PREMISES: 1766 Maple Avenue Palmyra, NY 14522 To the Above named Defendant: You are hereby summoned to answer the Complaint in this action, and to serve a copy of your answer, or, if the Complaint is not served with this Supplemental Summons, to serve a notice of appearance, on the Plaintiff(s) attorney(s) within twenty days after the service of this Supplemental Summons, exclusive of the day of service (or within 30 days after the service is complete if this Supplemental Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The Attorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of Wayne. The basis of the venue designated above is the location of the Mortgaged Premises. TO DAVID E. STOUT, JR. AKA DAVID STOUT In this Action. The foregoing Supplemental Summons is served upon you by publication, pursuant to an order of HON. John L. Grow of the Supreme Court Of The State Of New York, dated the Twenty-Second day of April, 2026 and filed with the Complaint in the Office of the Clerk of the County of Wayne, in the City of Lyons. The object of this action is to foreclosure a mortgage upon the premises described below, executed by David E. Stout, Jr. AKA David Stout dated the December 29, 2021, to secure the sum of $201,286.00 and recorded at Instrument No. R9312648 in the Office of the Wayne County Clerk on December 30, 2021. The mortgage was subsequently assigned by an assignment executed June 21, 2023 and recorded on June 22, 2023, in the Office of the Wayne County Clerk at Instrument Number R9326856. Said Mortgage was subsequently modified by a Loan Modification Agreement executed by David E. Stout, Jr. AKA David Stout on May 15, 2023 and recorded July 14, 2023 in Instrument Number R9327384 in the Office of the Wayne County Clerk. The mortgage was subsequently assigned by an assignment executed November 28, 2023 and recorded on November 28, 2023, in the Office of the Wayne County Clerk at Instrument Number R9330835. Said Mortgage was subsequently modified by a Loan Modification Agreement executed by David E. Stout, Jr. AKA David Stout on February 1, 2024 and recorded February 13, 2024 in Instrument Number R9332430 in the Office of the Wayne County Clerk. Said Mortgage was subsequently modified by a Loan Modification Agreement executed by David E. Stout, Jr. AKA David Stout on July 26, 2024 and recorded August 5, 2024 in Instrument Number R9336399 in the Office of the Wayne County Clerk. The property in question is described as follows: 1766 Maple Avenue, Palmyra, NY 14522 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this Foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DATED: May 6, 2026 Gross Polowy LLC Attorney(s) For Plaintiff(s) 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 The law firm of Gross Polowy LLC and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. 90127
