throbber
SUPREME COURT, COUNTY OF DUTCHESS
`
`
`INDEX NO. 2016-51459
`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`
`INDEX NO~ 2016—51459
`FILED: DUTCHESS COUNTY CLERK 10.112017 02:05 PM
`
`
`
`RECEIVED NYSCEF: 10/10/2017
`NYSCEF DOC. NO. 33
`
`
`ESS COUNTY CLERK 072016 09:13 .
`‘
`k 3"C"IVENDEXSE‘EF’Zdw'lmgw
`
`NYSCEF D R’EQBEST FOR JUDICIAL INTERVENTION
`
`UCS-840 (7/2012)
`
`
`
`
`
`
`JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
`PiaintifilsVPetitioner(s)
`
`
`against-
`
`
`
`
`VICTOR ESPINOLA A/K/A VICTOR M. ESPINOLA; THE BOARD OF MANAGERS OF WHITE GATE CONDOMINIUM;
`
`“JOHN DOE it 1-5” AND “JANE DOE #1-5”said names being fictitious, it being the intention of Plaintiff to designate any and all
`
`
`occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed
`herein,
`
`Index No: 5145912016
`
`Date Index Issued: 06/23/16
`
`
`CAPTION:
`
`
`
`' tendered;m'WWW WW“ , WtW MW“ » WW: “5"}? _
`
`NATURE OF ACTION OR PROCEEDING.
`
`Check ONE box only and specify where indicated
`
`Delendant(s)lRespondenl(s)
`
`
`DDDUUDDDD
`
`Asbestos
`Breast Implant
`Environmental:
`
`Medical, Dental. or Pediatric Malpractice
`Motor Vehicle
`
`Products Liability:
`Other Negligence:
`
`Other Professional Malpractice:
`Other Tort:
`
`M
`
`
`
`
`
`Business Entity (including corporations. partnerships LLC. etc.)
`Contract
`
`DUDE]
`
`REAL PROPERTY;
`
`D Condemnation
`
`D Commercial
`
`I Residential
`I Mortgage Foreclosure (specify):
`Property Address: 8 A WHITE GATE DRIVE
`AIKIA 8 WHITE GATE DRIVE, APT. A,
`WAPPINGERS FALLS, NY 12590
`NOTE: For Mortgage Foreclosure actions involving a one to four family.
`owner-occupied. residential property. or an owner-occupied condominium,
`complete and attach the FORECLOSURE RJI Addendum
`Cl Tax Certiorari- Section:
`Block:
`Lot:
`Cl Tax Foreclosure
`
`D Other Real Property:
`
`
`
`CPLR Article 75 (Arbitration)
`[see NOTE under Commercial]
`El CPLR Article 78 (Body or Officer)
`D Election Law
`
`El Contested
`
`
`Cl Uncontested
`
`
`NOTE: For all Matrimonial actions where the parties have children under the
`
`
`
`
`insurance (where insurer is a party. except arbitration)
`age of 18. complete and attach the MATRIMONIAL RJI Addendum.
`
`For Uncontested Matrimonial actions, use RJI form UD—13.
`UCC (Including sales. negotiable instruments)
`
`
`
`
`D Other Commercial:
`
`
`TORTS'
`"
`,
`,
`
`
` NOTE: For Commercial Division assignment requests [22 NYCRR §
`202.70(d)], complete and attach the COMMERCIAL DIV RJI Addendum
`
`
` l-iow many properties does the application include?:
`
`
`1__
`
`
`
`
`
`
`
`
`
`
`
`
`OTHER MATTERS '
`{SPECIAL- PROCEEDINGS x '-
`'
`
`
`
`
`
`
`
`
`
`
`
`l3 MHL Article 9.60 (Kendra's Law)
`
`
`
`U MHL Article 10 (Sex Offender Confinement-Initial)
`
`
`
`El
`Pistol Permit Revocation Hearing
`MHL Article 10 (Sex Offender Confinement-Review)
`
`
`
`El
`MHL Article 81 (Guardianship)
`Sale or Finance of Religious/Not-ior—Profit Property
`
`
`
`
`III
`Other:
`
`Other Mental Hygiene:
`
`E]
`Other Special Proceeding:
`
`
`
`STATUS or ACTION on PROCEEDING:
`"
`
`I
`D
`If yes, date filed: 06/23/16
`
`U Certificate of Incorporation/Dissolution [See NOTE under Commercial]
`Emergency Medical Treatment
`Habeas Corpus
`Local Court Appeal
`Mechanic's Lien
`
`Name Change
`
`CIEIUDBDUCI
`
`Has a summons & complaint or summons w/notice been filed?
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`NYSC 3F DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX V0.
`2016-51459
`INDEX NO. 2016-51459
`
`
` fiIV fiD NYSC
`3F:
`10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`NYSCEF DOC. NO. 33
`
`'
`I
`[32016 11:49 .
`NYSCEF DOC. NO.
`3
`
`
`INDEX NO. 2016-51459
`
`INDEX NO. 2016_51459
`
`
`
`RECEIVED NYSCEF: 10/10/2017
`R*IC*-IVEI1NDIEXSNEF:2dDd—l‘iJJ/421917
`RECEIVED NYSCEF: 06/23/2016
`
`STATE OF NEW YORK
`SUPREME COURT
`
`COUNTY OF DUTCHESS
`
`JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
`
`—vs-
`
`Plaintiff,
`
`VICTOR ESPINOLA A/K/A VICTOR M. ESPINOLA; THE
`BOARD OF MANAGERS OF WHITE GATE
`
`CONDOMINIUM;"JOHN DOE #1-5" and "JANE DOE #15" said
`names being fictitious, it being the intention of Plaintiff to designate
`any and all occupants, tenants, persons or corporations, if any,
`having or claiming an interest in or lien upon the premises being
`foreclosed herein,
`
`Defendants.
`
`Index No.
`
`CERTIFICATE OF MERIT
`
`PURSUANT TO N.Y. C.P.L.R.§
`3012-]:
`
`Mortgaged Premise Address:
`8 A WHITE GATE DRIVE
`WAPPINGERS FALLS, NY 12590
`A/K/A
`8 WHITE GATE DRIVE, APT. A
`WAPPINGERS FALLS, NY 12590
`
`I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with
`1.
`the law firm of Fein, Such & Crane, L.L.P., attorneys for plaintiff in this action.
`
`This residential foreclosure action involves a home loan, as such term is definedin Real Property
`2.
`Actions and Proceedings Law §1304 to the extent allegedin paragraph NINTH of the Complaint.
`
`I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage,
`3.
`security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment
`(if any), and all other instruments of indebtedness including any modification, extension, and consolidation.
`
`4.
`
`I have consulted with MIMOZA PETRESKA, a representative of the Plaintifl‘.
`
`Upon this review and consultation, to the best of my knowledge, information, and belief, I certify
`5.
`that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to
`enforce rights under these documents.
`
`Attached herein and as part of the Complaint are copies of the following documents: the
`6.
`mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; all instruments
`of assignment (if any); and any other instrument of indebtedness, including any modification, extension, and
`consolidation.
`
`Attached herein and as part of the Complaint, if applicable, are supplemental affidavits attesting
`7.
`that certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or otherwise.
`
`I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part
`8.
`1200) and 22 NYCRR Part 130.
`
`Dated:
`
`W }9/
`
`,
`
`31—0! L!
`
`lofl
`
`‘
`
`WWLWWQ
`
`LANE, ESQ.
`MADELINE C.
`FEIN, SUCH & CRANE, LLP
`Attorneys for Plaintiff
`1400 OLD COUNTRY ROAD STE C103
`WESTBURY, NY 11590
`Telephone No. 516/394—6921
`QCI-I1924
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`NYSC 3F DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX V0.
`2016-51459
`INDEX NO. 2016-51459
`
`
` fiIV fiD NYSC
`3F:
`10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`
`NYSCEF DOC. NO. 33
`NYSCEF DOC. NO. 33
`File #: QSLSN036
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF DUTCHESS
`
`
`
`JPMORGAN CHASE BANK, NATIONAL
`ASSOCIATION,
`
`
`INDEX NO. 2016-51459
`INDEX VO~ 2016—51459
`
`
`
`
`RaCaIVaD NYSCEF: 10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`—VS_
`
`Plaintifi‘,
`
`AFFIDAVIT IN SUPPORT AND
`AMOUNT DUE
`
`Index No. 51459/2016
`
`VICTOR ESPINOLA A/K/A VICTOR M. ESPINOLA;
`THE BOARD OF MANAGERS OF WHITE GATE
`
`CONDOMINIUM; "JOHN DOE #1-5" and "JANE
`DOE #1—5" said names being fictitious, it being the
`intention of Plaintiff to designate any and all occupants,
`tenants, persons or corporations, if any, having or
`claiming an interest in or lien upon the premises being
`foreclosed herein,
`
`
`
`Defendant(s).
`
`ss
`
`) )
`
`)
`
`(STATE OF Colorado
`
`(COUNTY OF Douglas
`
`BEFORE ME, the undersigned authority, personally appeared
`
`Cynthia Wallaee , of Specialized
`
`Loan Servicing LLC ("SLS") who being first duly sworn, deposes and says:
`
`1. I am authorized to sign this affidavit, as an officer and employee of SLS, Servicer and Assignee of
`
`the Plaintiff, JPMORGAN CHASE BANK, NATIONALASSOCIATION, for the subject loan ("the Loan").
`
`2. SLS maintains records for the Loan in its capacity as servicer. As part of my job responsibilities
`
`for SLS, I am familiar with the type of records maintained by SLS in connection with the Loan.
`
`3. The information in this affidavit is taken from SLS's business records. I have personal knowledge of
`
`AFFIDAVIT IN SUPPORT AND AMOUNT DUE
`
`Index No. 51459/2016
`
`Page 1
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10.112017 02:05 PM
`
`NYSCEF DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX NO. 2016-51459
`
`INDEX W 2016—51459
`
`
`
`RaCaIVaD NYSCEF: 10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`SLS's procedures for creating these records. They are: (a) made at or near the time of the occurrence of the
`
`matters recorded by persons with personal knowledge of the information in the business record, or from
`
`information transmitted by persons with personal knowledge; (b) kept, made and maintained in the course of
`
`SLS's regularly conducted business activities; and (c) it is the regular practice of SLS to make such records.
`
`4. Defendant(s) VICTOR ESPINOLA("Defendant") executed a Note dated December 10, 2007 in the
`
`amount of $50,000.00. A true and accurate copy of the Note is annexed hereto as EXHIBIT A.
`
`5. The Note has been duly indorsed and delivered to Plaintiff or its agent, prior to commencement of
`
`this action. The original Note is currently held by Plaintiffs Assignee or its agent.
`
`6. To secure the payment of the sum represented by said Note, Defendant duly executed and delivered a
`
`Mortgage to WASHINGTON MUTUAL BANK, FA, which was dated December 10, 2007 and acknowledged
`
`on that day, whereby Defendant mortgaged the premises located at 8 A WHITE GATE DRIVE A/K/A 8
`
`WHITE GATE DRIVE, APT. A, WAPPINGERS FALLS, NY 12590, as more fully described in Plaintiifs
`
`Complaint. Said Mortgage was recorded in the office of the County Clerk/City Register on January 24, 2008 in
`
`in Document Number 01 2008 970. A true and accurate copy of the Mortgage is annexed hereto as EXHIBIT B.
`
`7. To evidence the transfer of the security instrument, the Mortgage was assigned from JPMORGAN
`
`CHASE BANK, NATIONAL ASSOCIATION to Plaintiff prior to commencement of this action by written
`
`instrument dated March 9, 2017 and recorded in the office of the County Clerk on April 5, 2017 in Document
`
`Number 01 2017 729A. A true and accurate copy of the Assignment(s) is annexed hereto as EXHIBIT C.
`
`8. Defendant failed to comply with the terms of the Note and Mortgage by failing to make the payment
`
`due January 1, 2016 and all subsequent payments.
`
`9. By letter dated March 22, 2016, Plaintiff forwarded to Defendant(s), VICTOR ESPINOLA, a thirty
`
`(30) day notice, by certified or first class mail advising Defendant of, inter alia, the default; the action necessary
`
`AFFIDAVIT IN SUPPORT AND AMOUNT DUE
`
`Index No. 51459/2016
`
`Page 2
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`
`NYSC
`3F DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX V0.
`2016-51459
`INDEX NO. 2016-51459
`
`
`flIV «D NYSCEF:
`RaC
`10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`to cure the default; the time within which to cure said default; and that failure to do so would result in
`
`acceleration of the mortgage obligation. A true and accurate copy of the notice is annexed hereto as EXHIBIT
`
`D.
`
`10. Plaintiff fiirther sent to Defendant(s), VICTOR ESPINOLA, a separate ninety (90) day
`
`pre-foreclosure notice on January 8, 2016 in accordance with RPAPL § 1304, by certified and first class mail.
`
`The 90-day notice is typed in at least fourteen (14) point font. Each mailing included a list of approved Housing
`
`and Urban Development loan counselors in the Defendant's local area. A true and accurate copy of the notice is
`
`annexed hereto as EXHIBIT E.
`
`11. Despite demand, the Note and Mortgage has not been satisfied or reinstated.
`
`12. As a result of Defendant’s default, Plaintiff has declared the entire balance immediately due and
`
`payable.
`
`13. That based on review of the books and records, there is now due and owing to Plaintiff the following
`
`amounts:
`
`
`
`
`
`
`
`
`Unpaid Principal Balance due on the Note and Mortgage
`
`Accrued interest from 12/01/ 15 to 06/30/17
`
`
`
`$44,077.26
`
`$4,264.14
`
`Escrow Advanced
`
`Delinquent Taxes
`
`Delinquent Insurance
`
`Deferred Principal
`
`Pre—acceleration Late Charges
`
`Insufficient Funds Fee(s)
`
`Property Inspections
`
`Property Preservation
`
`$1 12.00
`
`$0.00
`
`
`
`
`
`
`
`
`
`
`
`
`AFFIDAVIT IN SUPPORT AND AMOUNT DUE
`
`Index No. 51459/2016
`
`Page 3
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10.112017 02:05 PM
`
`NYSCEF DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX NO. 2016-51459
`INDEX W 2016—51459
`
`
`
`
`RaCaIVaD NYSCEF: 10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`
`Less Unapplied Funds
`$0.00
`
`
`
`
`Other Charges (specify)
`
`TOTAL DUE
`
`$0.00
`
`$51,341.94
`
`
`
`
`14. Interest at the rate of6. 125% continues to accrue for each day that the debt remains unpaid at a rate
`
`of $7.3965, subject to any adjustment as provided for in the Note. From June 30, 2017 to the date of closing title
`
`of the referee‘s sale of the mortgaged premises, Plaintiff is entitled to recover accrued interest, as well as its
`
`costs, including monies paid for taxes, late charges, insurance and other expenses related to the upkeep of the
`
`mortgaged premises.
`
`15. On account of Defendant's default under the Note and Mortgage sued upon herein, Plaintiff retained
`
`its attorney of record and instructed the filing of this action and agreed, bound and obligated itself to pay said
`
`attorney for his/her services on its behalf such sum as the Court shall adjudge to be reasonable.
`
`16. The premises sought to be foreclosed consists of one parcel of land. The only feasible method
`
`therefore of effectuating the sale thereof, pursuant to a judgment of foreclosure and sale that may hereafter be
`
`entered, is by sale in one parcel.
`
`17. The interests of the parties herein concerned would best be served by a sale of the Mortgaged
`
`premises in one parcel.
`
`AFFIDAVIT IN SUPPORT AND AMOUNT DUE
`
`Index No. 51459/2016
`
`Page 4
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`
`NYSC3F DOC. NO. 33
`NYSCEF DOC. NO. 33
`18. Plaintiff is the real party in interest and has the right to foreclose.
`
`
`INDEX V0.
`2016-51459
`INDEX NO. 2016-51459
`
`
` flIV «D NYSC
`3F:
`10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`Dated:
`
`Rm 2 8 2317
`
`
`
`
`
`1 ‘5‘ . nthia Wallace
`
`AFFIDAVIT IN SUPPORT AND AMOUNT DUE
`
`Index No. 51459/2016
`
`Page 5
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10.112017 02:05 PM
`
`NYSCEF DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX NO. 2016-51459
`INDEX W 2016—51459
`
`
`
`
`RaCaIVaD NYSCEF: 10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`UNIFORM, ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
`
`(Outside of New York State)
`
`State of Colorado
`
`County of
`
`Douglas
`
`On the 28 day of
`
`J cud.
`
`
`in the year of 29 ”before me, the undersigned, personally appeared
`
`Cynthia Wallace
`
`, personally known to me or proved to me on
`
`the basis of satisfactory evidence to be the individua1(s) whose name(s) is (are) subscribed to the within
`
`instrument and acknowledged to me that he/she/they executed same in his/her/their capacity(ies) and that by
`
`his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)
`
`acted, executed the instrument, and that such individual made such appearance before the undersigned in
`
`Hiohlands R800?!
`
`,
`
`Colorado
`
`. (Insert the city or other political subdivision and the
`
`state or county or other place the acknowledgment was taken)
`
`
`
`MA
`
`Nota '5 Official Signa ure
`
`
`
`
`
`
`
`
`
`AGNES ERAQSHAW
`NOIARYPUBHC
`STATE OF COLORADO
`NOTARY ID 20084040359
`MY COMMISSION EXPIRES 1210312020
`
`
`ALT/3 [)0
`
`Commission Expiration
`
`AFFIDAVIT IN SUPPORT AND AMOUNT DUE
`
`Index No. 51459/2016
`
`Page 6
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`NYSC 3F DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX V0.
`2016-51459
`INDEX NO. 2016-51459
`
`
` fiIV fiD NYSC
`3F:
`10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`EXHIBIT A
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
` 2‘--'i-
`NYSCEF DOC. NO. 33
`
`
`INDEX NO.
`2 01 6—5145 9
`INDEX NO. 2016-51459
`.
`-—-
`u
`,,!f:,e
`RECEIVED NYSCEF: 10/10/2017
`
`W
`W09
`
`M
`
`DECEM'BER 10. 2307
`1*“
`[Date]
`
`NOTE
`
`WESTBURY
`{City}
`
`B WHITE GATE DRIVE, UNlT A, WAPPINGERS FALLS, NV l25§0
`[Property Address]
`
`
`
`NEW YORK
`{State}
`
`
`
`l. BORROWER’S PROMISE TO PAY
`(this amount is called
`5 a ,0 o o . o 0
`In return for a loan that] have received, I promise to pay US. $
`"Principai"), plus interest, to the order of the Lender. The Lender is WASH mam“; MUTUAL BANK ,
`p A
`
`I will make all payments under this Note in the form of cash, check or money order.
`I understand that the Lender may transfer this Note. The Leader or anyone who takes this Note by transfer and who
`is entitled to receive payments under this Note is called the "Note Holder.“
`
`2. INTEREST
`Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a
`yearly rate of
`3 , 325
`‘78.
`The interest rate required by this Section 2 is the rate I will pay both before and after my default described in Section
`6(8) of this Note.
`
`3. PAYMENTS
`(A) Time and Place of Payments
`I will pay principal and interest by making a payment every month.
`.
`FEBRUARY I 2303
`I will make my monthly payment on the
`181'
`day of each month beginning on
`I will make these payments every month until I have paid all of the principal and interest and any other charges described
`below thatI may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be
`applied to interest before Principal. If, on
`JANUARY 01 , 2 33 3
`, I still owe amounts under this Note, 1
`will pay those amounts in full on that date, which is called the “Maturity Date."
`Iwill make my monthly paymenmt
`P .0. Box 78148 , PHOENl x A2 26962-4; 143
`or at a difl‘erent place if required by the Note Holder.
`
`(B) Amount of Monthly Payments
`My monthly payment will be in the amount of US. $
`
`303 . e1
`
`4. BORROWER’S RIGHT TO PREPAY
`I have the right to make payments of Principal at any time before they are due. A payment of Principal only is
`know as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing thatI am doing so. I may
`not designate a payment as a Prepayment ill have not made all the monthly payments due Under the Note.
`I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
`use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may
`apply my Prepayment tn the accrued and unpaid interest on the Prepayment amount. before applying my Prepayment
`to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in
`the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
`
`5. LOAN CHARGES
`If a law. which applies to this loan and which sets maximum loan charges. is finally interpreted so that the interest
`or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any
`such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any some
`already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to
`make this refund by reducing the Principal I owe Under this Note or by making a direct payment to me. If a refund
`reduces Principai, the reduction will be treated as a partial Prepaym ent.
`
`NEW YORK FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
`
`Form 3233 1/01
`@"W‘Wl WW
`VMP MOfiTGAGE l’ORMS - (80035214291
`'
`page 1 oi 3
`
`initialsfi
`
`

`

`
`INDEX NO. 2016-51459
`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`WWW INDEX NO~ 2016—51459
`1—1 —il-—r—.IIV “Ii—1M
`_E
`L
`l!
`.6 ' ‘.
`—-—
`" ‘ V‘l v
`--
`'
`NYSCEF DOC. NO. 33
`RECEIVED NYSCEF: 10/10/2017
`
`6. BORROWERIS. FAILURE TO PAY AS REQUIRED
`(A) Late‘Charge for Overdue Payments
`15
`If the Note Holder has not received the full amouut of any monthly payment by the end of
`calendar days‘after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
`2 , 000
`% of my overdue payment of principal and interest. I will pay this late charge promptly but
`only once on each late payment.
`(B) Default
`IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default.
`(C) Notice of Default
`IfI am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
`by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been
`paid and all the interest that I OWe on that amount. That date must be at least 30 days after the date on which the notice
`is mailed to me or delivered by other means.
`(D) No Waiver By Note Holder
`Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
`described above, the Note Holder will still have the right to do so if I am in- default at a later time.
`(B) Payment of Note Holder’s Costs and Expenses
`If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the
`right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
`applicable law. Those expenses include, for example, reasonable attorneys’ fees.
`
`7. GIVING OF NOTICES
`Unless applicable law requires a different method, any notice that must be given to me under this Note will be
`given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if
`I give the Note Holder a notice of my different address.
`Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
`first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a
`notice of that different address.
`
`8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
`made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
`endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the
`obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
`Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
`together. This means that any one of us may be required to pay all of the amounts owed under this Note.
`
`9. WAIVERS
`I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
`Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
`Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
`paid.
`
`10. UNIFORM SECURED NOTE
`This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
`given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"),
`dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the
`promises which I make in this Note. That Security Instrument describes how and under what conditions I may be
`required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
`described as follows:
`
`Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or
`any part of the Property, or if any right in the Property, is sold or transferred without Lender’s prior written
`permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred
`without Lender’s prior written permission. Lender also may require immediate payment in full. However,
`this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
`
`mpg—EMMY) woos)
`
`9,9,, 2 ,, 3
`
`Form 3233
`
`0
`
`initials:
`
`
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`NYSCEF DOC. NO. 33
`
`
`1. IND:
`X NO.
`2016-51459
`INDEX NO. 2016-51459
`
`RECEIVED NYSCEF: 10/10/2017
`
`“a
`
`
`
`
`
`Ti.I»:5.3;}:$EI|SII.|-|I»1|E,llivfi,xw.um§inylééA,||.\.
`
`
`
`
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`_FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`NYSCEF DOC. NO. 33
`
`‘IOC. NO. 33
`
`
`INDEX NO. 2016-51459
`INDEX “0' 2016—51459
`
`
`
`R«.C«.IV«.D NYSCEF: 10/10/2017'
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`If Lender requires immediate payment in full under this SectiOn 18, Lender will give me a notice which
`states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day
`period wili begin on the date the notice is given to me in the manner required by Section 15 of this Security
`Instrument. If I do not make the required payment during that period, Lender may act to enforce its rights
`under this Security Instrument without giving me any further notice or demand for payment.
`
`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`
`(Seal)
`
`f
`
`(:4 g ; 2 égg > ,(Seal)
`
`-Borrower
`
`V l CTOR ESP l NOLA
`
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`.
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`{Sign Original Only}
`
`Pay to the orderof .
`
`Without Recourse
`WASHlNGTON MUTUAL BANK, FA
`wm€£s2%»~_.r
`
`CWTHMEY
`VICE PRESIDENT
`
`tame-SMNY) (0005)
`
`Page a of 3
`
`Form 3233 1/01
`
`
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`NYSC 3F DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX V0.
`2016-51459
`INDEX NO. 2016-51459
`
`
` fiIV fiD NYSC
`3F:
`10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`
`
`EXHIBIT B
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10.112017 02:05 PM
`
`NYSCEF DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX NO. 2016-51459
`
`INDEX W 2016—51459
`
`
`
`RaCaIVaD NYSCEF: 10/10/2017
`RECEIVED NYSCEF: 10/10/2017
`
`DUTCHESS COUNTY CLERK RECORDING PAGE
`
`
` RECORD 8 RETURN TO :
`
`RECORDED: 01/24/2008
`
`
`
`WASHINGTON MUTUAL BANK
`
`
`2210 ENTERPRISE DR
`AT:
`
`DOC OPS M/S FSCE 440
`
`FLORENCE
`OOCUMENT #2 01 2008 970
`
`
`
`RECEIVED FROM:
`UNLIMITED ABSTRA
`
`
`
`SC 29501
`
`15:38:33
`
`MORTGAGOR: ESPINOLA VICTOR
`MORTGAGEE: WASHINGTON MUTUAL BAN
`
`RECORDED IN:
`INSTRUMENT TYPE:
`
`MORTGAGE
`
`'AX
`DISTRICT: WAPPINGER
`
`EXAMINED AND CHARGED A
`
`OLLOWS:
`
`RECORDING CHARGE:
`
`102.00
`
`NUMBER OF PAGES:
`
`25
`
`MORTGAGE AMOUNT:
`
`50; 000.00
`
`MORTGAGE TYPE:
`
`1~2 FAMILY RESIDENCE
`
`
`
`
`
`
`
`
`COUNTY TAX:
`MIA TAX:
`
`SPECIAL ADDL TAX:
`1—5 FAMILY TAX:
`MORTGAGE TAX LOCAL:
`TOTAL TAX:
`
`250.00
`120.00
`
`125.00
`125.00
`620.00
`
`SERIAL NUMBER: —
`AFFIDAVIT:
`N
`
`
`
`Hit
`***
`
`***
`
`00 NOT DETACH THIS
`PAGE
`
`THIS IS NOT A BILL
`
`COUNTY CLERK BY: MOK
`RECEIPT N0:
`BATCH RECORD:
`
`mun-—
`
`FORD KENDALL
`
`
`
`
`
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM
`
`NYSCEF DOC. NO. 33
`3F DOC. NO. 33
`
`
`INDEX NO. 2016-51459
`
`,,
`INDEX VO~ 2016—51459
`
`
`
`
`RECEIVED NYSCEF: 10/10/2017
`RaCaIVaD NYSCEF: 10/10/20}7
`

`
`-
`
`T :1 {fit
`
`
`
`
`
`msmumon mun-rum am
`
`FtORENCE, 5:: 295m
`
`Return TI);
`.2219 57412393135. DRWE
`Doc ops ws sscs 440
`hegarexi By:
`KAREN STOPPER [CH
`
`5
`
`,.
`
`,
`
`.
`

`
`"
`6d ‘ {47/57
`Ele/Z ' “fl
`L04"
`(fee? [71%
`
`WWW [Space Above This Lime For Rmnfing Data}
`
`
`
`MORTGAGE
`
`
`
`WORDS USED OFTEN IN THIS DOCUMENT
`(A) "Security Instrument.“ This document, which is dated getaway 19‘ 293-;
`zegethe‘r with a]! Riders m 1his document wit} ix: calied the “Security Instrument.”
`(B) ”Emmet.”
`vscmn ESPINO‘LA
`
`0
`
`‘
`whose 136er is v.0. Box @3034, HOVAL m.» seas“ . H. 334;:
`somehmes Will be cailed ‘Bormwer‘ and sometimes amply “‘1“ or ”me!“
`(C) ”Lender.” msumsron mm» am. FA
`
`will be called "Lander." Lendar‘ is a corporation or assaciation which exists under the iaws of
`ma umrsn STATES or AMERICA
`~Lmder‘s addraSS-IS 2213 u. GREEN VALLEY
`PARKWAY, sun: 14, Haunansou, nv
`55mm
`
`~
`
`5
`}
`
`ageing“ m , 29m
`(13} "Note.” The note signed by Borrower and dated
`the ”New" The Now shows mm} mm Lander 3‘: 3 my THOUSANG AND 091 100
`
`. will be caélcd
`
`Dollars (11.3. s
`
`so 3100.09
`
`)
`
`NEW YORK * Singie me ** $313M. Msdfi‘ufldin Ha: UfilFOHM INSYHBMENT
`
`Form 3033
`m~fitflfl common
`inifism
`mo ‘0 a: 17
`um- Mmzynga Sniufions. Me.
`
`I428!
`
`€
`

`

`FILED: DUTCHESS COUNTY CLERK 10/10/2017 02:05 PM
`FILED: DUTCHESS COUNTY CLERK 10m2017 02:05 PM.
`
`NYSCEF DOC. NO. 33
`NYSCEF DOC. NO. 33
`
`
`INDEX NO. 2016-51459
`
`INDEX “0' 2016—51459
`
`
`
`RECEIVED NYSCEF: 10/10/2017
`RaCaIVaD NYSCEF: 10/10/2017
`
`J
`
`plus interest and other amounts that may be payable. I have promised to pay this debt in Periodic
`Payments and to pay the debtin full by
`JANUARY 01. .2033
`(B) "Property." The property that is described below in the section titled "Description of the
`Property," will be called the "Property "
`(F) "Loan." The "Loan" means the debt evidenced by the Note, plus interest, any prepayment
`charges and late charges due under the Note. and all sums due under this Security Instrument,
`plus interest.
`(G) "Sums Secured." The amounts described below in the section titled "Borrower‘s Transfer to
`Lender of Rights in the Property" sometimes will be called the "Sums Secured."
`(H) “Riders.“ All Riders attached to this Security instrument that are signed by Borrower will be
`called "Riders." The following Riders are to be signed by Borrower [check box as applicable]:
`
`[3 Adjustable Rate Rider E] Condominium Rider
`[3 Balloon Rider
`[:1 Planned Unit Development Rider
`[1 VA Rider
`[3 Biweekly Payment Rider
`
`[3 Second Home Rider
`l'4 Family Rider
`Other(s) [specify]
`
`(I) "Applicable Law." All controlling applicable federal, state and local statutes, regulations,
`ordinances and administrative rules and orders (that have the effect of
`law) as well as all
`applicable final, non'appealable judicial opinions will be called "Applicable Law."
`(J) "Community Association Dues, Fees, and Assessments." All dues. fees, assessments and
`other charges that are imposed on Borrower or the Property by a condominium association,
`homeowners association or similar organization will be called ”Community Association Dues,
`Fees, and Assessments."
`(K) "Electronic Funds Transfer." ”Electronic Funds Transfer” means any transfer of money,
`other than by check, draft, or similar paper instrument, which is initiated through an electronic
`terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize
`a financial institution to debit or credit an account. Seme common examples of an Electronic
`Funds Transfer are point‘of‘sale transfers (where a card such as an asset or debit card is used at a
`merchant), automated teller machine (or ATM) transactions, transfers initiated by telephone, wire
`transfers, and automated clearinghouse transfers.
`(L) "Escrow Items.“ Those items that are described in Section 3 will be called "Escrow Items."
`(M) "Miscellaneous Proceeds. ” "Miscellaneous Proceeds" means any compensation, settlement,
`award of damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined
`in, and paid under the coverage described in Section 5) for: (i) damage to, or destruction of, the
`Property; (ii) Condemnation or other taking of all or any part of the Property; (iii) conveyance in
`lieu of Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of, or omissions
`as to, the value andlor condition of the Property. A taking of the Property by any governmental
`authority by eminent domain is known as "Condemnation.”
`(N) "Mortgage Insurance.” ”Mortgage Insurance" means insurance protecting Lender against the
`nonpayment of, or default on, the Loan.
`(0) "Periodic Payment." The regularly scheduled amount due for (i) principal and interest
`under the Note, and (ii) any amounts under Section 3 will be called "Periodic Payment."
`(P) "RESPA." ”RESPA" means the Real Estate Settlement Procedures Act (12 [1.8.0 Section
`2601 et seq.) and its implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might
`be amended from time to time, or any additional or successor legislation or regulation that
`governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all
`requirements and restrictions that are imposed in regard to a ”federally related mortgage loan"
`even if the Loan

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