throbber
At an Ex Parte Term of the
`
`Supreme Court held in and for
`the County of KINGS,
`New York on the
`
`_ day of
`
`,201_.
`
`ORDER TO AMEND
`
`Index No. 511382/2017
`
`PRESENT: HON.
`
`SUPREME COURT JUSTICE
`
`STATE OF NEW YORK
`
`SUPREME COURT COUNTY OF KINGS
`
`
`US. BANK TRUST, N.A., AS
`TRUSTEE FOR LSF9 MASTER
`
`PARTICIPATION TRUST,
`
`-VS-
`
`Plaintiff,
`
`HELENA PERSON; HOUSEHOLD FINANCE
`
`REALTY CORPORATION OF NEW YORK;
`MORTGAGE ELECTRONIC REGISTRATION
`
`SYSTEMS, INC. AS NOMINEE FOR UNITED
`
`MORTGAGE BANKERS; SECRETARY OF
`
`HOUSING AND URBAN DEVELOPMENT;
`NEW YORK CITY PARKING VIOLATIONS
`
`BUREAU;
`“JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`
`UPON the reading and filing of the Affirmation dated the J 5 day of August, 2017,
`
`together with attached exhibits, the Notice of Pendency, Summons and Complaint heretofore
`
`filed herein, the proposed Amended Notice of Pendency, Supplemental Summons and Amended
`
`Complaint.
`
`NOW, upon motion of Fein, Such & Crane, LLP, attorneys for the plaintiff, it is hereby
`
`ORDERED, that the plaintiff 5 order to amend the Notice of Pendency, Amend the
`
`Complaint and issue Supplemental Summons is hereby granted; and it is further
`
`

`

`ORDERED, that the Summons, Complaint and Notice of Pendency heretofore filed be
`
`amended in conformance herewith the documents contained in Exhibit “A” in order to correctly
`
`recite the Tax Map identification number as “Block: 5377 Lot: 14”; and it is further
`
`ORDERED, that the plaintiff shall file the Amended Notice of Pendency, Supplemental
`
`Summons and Amended Complaint within thirty (3 0) days from the date hereof; and it is further
`
`ORDERED, that the first service of the amended papers on one of the defendants shall
`
`take place within thirty (30) days of their filing and that the filing of the Amended Notice of
`
`Pendency shall thereupon be effective in accordance with CPLR 6512; and it is further
`
`ORDERED, that service of all amended pleadings shall be completed within 120 days
`
`from their filing in the KINGS County Clerk’s Office.
`
`DATED:
`
`. 2017
`
`ENTER:
`
`
`
`HON.
`
`SUPREME COURT JUSTICE
`
`

`

`STATE OF NEW YORK
`COUNTY OF KINGS
`SUPREME COURT
`
`
`US. BANK TRUST, N.A., AS
`TRUSTEE FOR LSF9 MASTER
`
`PARTICIPATION TRUST,
`
`-vs-
`
`Plaintiff,
`
`ATTORNEY
`AFFIDAVIT
`
`HELENA PERSON; HOUSEHOLD FINANCE
`
`REALTY CORPORATION OF NEW YORK;
`MORTGAGE ELECTRONIC REGISTRATION
`
`SYSTEMS, INC. AS NOMINEE FOR UNITED
`
`MORTGAGE BANKERS; SECRETARY OF
`
`HOUSING AND URBAN DEVELOPMENT;
`NEW YORK CITY PARKING VIOLATIONS
`
`BUREAU;
`“JOHN DOE” AND "JANE DOE" said
`
`Index No. 511382/2017
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`
`being foreclosed herein, Defendants.
`
`STATE OF NEW YORK)
`COUNTY OF MONROE) ss:
`
`1, Mark K. Broyles, attorney and counselor at law, duly admitted before the Courts of the
`
`State of New York, affirm pursuant to N.Y.C.P.L.R. § 2106 that under penalty of perjury, the
`
`following is true:
`
`1.
`
`I am an attorney duly admitted to practice law in the State of New York and am one
`
`of the attorneys of record for the plaintiff herein. As such, I am fully familiar with all
`
`relevant facts and prior pleadings heretofore had herein.
`
`2. The Summons, Complaint and Notice of Pendency in the herein action were filed with
`
`the KINGS County Clerk’s Office on June 9, 2017. True copies are annexed hereto as
`
`Exhibit “B”.
`
`3. That the defendants, Helena Person, gave their mortgage to Household Finance Realty
`
`Corporation of New York, said mortgage being dated October 21, 2002, and filed with
`
`the KINGS County Clerk's Office on November 14, 2002, in Reel 5896 Page 2451, said
`
`

`

`mortgage was further assigned to US. Bank Trust, N.A., as Trustee for LSF9 Master
`
`Participation Trust and recorded in KINGS County Clerk’s Office on September 22, 2016
`
`in CRFN 2016000329842.
`
`4. That the Tax Map identification number is changed to recite “Block: 5377 Lot: 14”.
`
`5. That the proposed Amended Notice of Pendency, Supplemental Summons and Amended
`
`Complaint are attached hereto as Exhibit “A”.
`
`6. That no prior application has been made for within requested relief.
`
`WHEREFORE, your deponent prays for an Order granting leave to amend the Notice of
`
`Pendency and Complaint and issue a Supplemental Summons, all of which contain the
`
`modifications set forth herein, and further directing the filing of the Amended Notice of
`
`Pendency, Supplemental Summons and Amended Complaint with the KINGS County Clerk and
`
`directing service of the Supplemental Summons and Amended Complaint on all defendants
`
`named therein, and that the Amended Notice of Pendency shall be effective provided that service
`
`of the Supplemental Summons and Amended Complaint is effected on one or more defendants
`
`within thirty (30) days of filing, in accordance with CPLR 6512 extending the statutory 120 day
`
`period for service of the Summons and Complaint on all defendants, and granting such other
`
`relief as to the Court may seem just and proper.
`
`Dated: August 5, 2017
`
`
`
`

`

`MARK K. BROYLES, an attorney duly licensed to practice in the State of New York, and a
`partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers
`and/or documents:
`
`NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
`
`NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
`AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED
`
`SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
`AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT
`AFFIDAVITS OF SERVICE
`
`NOTICE OF PENDENCY OF ACTION
`SUMMONS
`COMPLAINT
`
`AMENDED NOTICE OF PENDENCY OF ACTION
`SUPPLEMENTAL SUMMONS
`AMENDED COMPLAINT
`
`ANSWER
`
`AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
`REFEREE’S OATH & REPORT OF AMOUNT DUE
`REFEREE’S REPORT OF SALE
`STIPULATION TO CANCEL LIS PENDENS
`
`AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
`MEMORANDUM & TERMS OF SALE
`
`ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
`ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
`
`ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE
`AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
`AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT
`FORBEARANCE AGREEMENT
`
`X
`
`ATTORNEY AFFIRMATION IN SUPPORT OF ORDER TO AMEND
`ATTORNEY AFFIDAVIT
`
`that to his knowledge, information and belief, formed after an inquiry reasonable under the
`
`circumstances, the presentation of the paper or contentions therein are not frivolous as defined in
`
`subsection © of section 130-1.1 of the Rules of the Chief Administrator [22NYCRR 130—1.1 ©].
`
` ’-
`
`August D _, 2017
`Dated
`
`
`
`Mark (.. Broyles, I . q.
`
`

`

`Exhibit A
`
`

`

`STATE OF NEW YORK
`
`COUNTY OF KINGS
`SUPREME COURT
`
`
`US. BANK TRUST, N.A., AS
`TRUSTEE FOR LSF9 MASTER
`
`PARTICIPATION TRUST,
`
`Plaintiff,
`
`vs
`
`AMENDED
`NOTICE OF
`
`PENDENCY
`
`OF ACTION
`
`HELENA PERSON; HOUSEHOLD FINANCE
`
`REALTY CORPORATION OF NEW YORK;
`MORTGAGE ELECTRONIC REGISTRATION
`
`SYSTEMS, INC. AS NOMINEE FOR UNITED
`
`MORTGAGE BANKERS; SECRETARY OF
`
`HOUSING AND URBAN DEVELOPMENT;
`NEW YORK CITY PARKING VIOLATIONS
`
`BUREAU;
`"JOHN DOE" AND "JANE DOE" said
`
`Index No. 511382/2017
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending
`
`in the Supreme Court of KINGS County upon the Complaint of the above plaintiff against the
`
`above named defendant(s) for the foreclosure of a mortgage bearing the date October 21, 2002,
`
`executed by HELENA PERSON, to secure the sum of $113,319.44 and recorded in Reel 5896
`
`of Mortgages at Page 2451, in the Office of the City Register of the City of New York on
`
`November 14, 2002; said mortgage was then assigned to Plaintiff by virtue of an Assignment of
`
`Mortgage recorded on September 22, 2016 in CRFN 2016000329842.
`
`AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such
`
`mortgage(s) affected by the said foreclosure action, were, at the time of the commencement of
`
`this action, and at the time of the filing of this Notice, situated in the County of KINGS and State
`
`

`

`of New York, and are described in "Schedule A - Legal Description" attached hereto and made a
`
`part hereof.
`
`That these pleadings be amended to reference the correct Tax Map identification number
`
`of“Block: 5377 Lot: 14".
`
`The Clerk of the County of KINGS, is directed to index this Notice against the names of
`
`all the defendant(s).
`Mark K Broylesfig
`
`DATED: August £2017
`
`FEIN, t UCH & CRANE, LLP
`Attorneys for Plaintiff
`Office and PO. Address
`
`28 East Main Street, Suite 1800
`
`Rochester, New York 14614
`
`Telephone No. (585)232-7400
`VERNC948
`
`Property Address: 318 EAST 9TH STREET, BROOKLYN, NY 11218
`Tax Map/Parcel ID No.: Block: 5377 Lot: 14 of the BOROUGH of BROOKLYN, NY 11218
`
`

`

`SCHEDULE "A" LEGAL DESCRIPTION
`
`ALL that certain plot, piece or parcel of land, with the buildings and improvements
`thereon erected, situate, lying and being in the Borough of Brooklyn, County of
`Kings, City and State of New York, bounded and described as foliows:
`
`BEGINNING at a point on the westerly side of East 9111 Street, distant 140 feet
`southerly from the corner formed by the intersection of the westerly side of Ba st 9th
`Street with the southerly side of Avenue C; Hunting thence westerly at right angles
`to East 9lm Street and part of the distance through a party wall 100 feet; thence
`southerly parallel with East 9m Street 20 feet; thence easterly at right angles to East
`9th Street and part of the distance through a party wall .100 feet to the westerly side
`of East 91h Street; and thence northerly along the westerly side of East 9m Street 20
`feet to the point or piace of BEGINNING.
`
`

`

`
`MARK K. BROYLES. ESQ... an attorney duly licensed to practice in the State ofNew York, and a
`partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or
`documents:
`
`X
`
`NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
`NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
`AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN
`FILED
`
`SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
`AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT
`AFFIDAVITS OF SERVICE
`NOTICE OF PENDENCY OF ACTION
`SUMMONS
`COMPLAINT
`AMENDED NOTICE OF PENDENCY OF ACTION
`SUPPLEMENTAL SUMMONS
`AMENDED COMPLAINT
`ANSWER
`AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
`REFEREE’S OATH & REPORT OF AMOUNT DUE
`REFEREE’S REPORT OF SALE
`STIPULATION TO CANCEL LIS PENDENS
`AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
`MEMORANDUM & TERMS OF SALE
`ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE &
`SALE
`ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE &
`SALE
`ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF
`FORECLOSURE
`AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
`
`AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY
`JUDGMENT
`FOREBEARANCE AGREEMENT
`ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY
`PUBLICATION
`ATTORNEY AFFIRMATION OF REGULARITY
`
`that to his knowledge, information and belief, formed after an inquiry reasonable under the
`circumstances, the presentation of the paper or contentions therein are not frivolous as defined in
`subsection © of section 130-1.1 ofthe Rules of the Chief Administrator [22NYCRR 130-1.1 ©].
`
`f
`
`
`
`4!..- / ?
`
`M ‘k K. Broyles, "sq.
`
`August Is ,2017
`
`Dated
`
`

`

`STATE OF NEW YORK
`
`SUPREME COURT
`
`COUNTY OF KINGS
`
`
`US. BANK TRUST, N.A., AS
`TRUSTEE FOR LSF9 MASTER
`
`PARTICIPATION TRUST,
`
`-vs-
`
`Plaintiff,
`
`SUPPLEMENTAL
`SUMMONS
`
`HELENA PERSON; HOUSEHOLD FINANCE
`
`REALTY CORPORATION OF NEW YORK;
`MORTGAGE ELECTRONIC REGISTRATION
`
`SYSTEMS, INC. AS NOMINEE FOR UNITED
`
`MORTGAGE BANKERS; SECRETARY OF
`
`HOUSING AND URBAN DEVELOPMENT;
`NEW YORK CITY PARKING VIOLATIONS
`
`BUREAU;
`"JOHN DOE" AND "JANE DOE" said
`
`Index No. 511382/2017
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`
`Mortgaged Premises:
`318 EAST 9TH STREET
`
`BROOKLYN, NY 11218
`
`TO THE ABOVE NAMED DEFENDANT(S):
`YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
`and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the
`service of this Summons, exclusive of the day of service, or within thirty (30) days after service
`of the same is complete where service is made in any manner other than by personal delivery
`within the State. The United States of America, if designated as a defendant in this action, may
`answer or appear within sixty (60) days of service. Your failure to appear or to answer will result
`in a judgment against you by default for the relief demanded in the Complaint. In the event that a
`deficiency balance remains from the sale proceeds, a judgment may be entered against you,
`unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be
`just and equitable.
`
`YOU ARE IN DANGER OF LOSING YOUR HOME
`
`NOTICE
`
`

`

`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 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.
`
`That these pleadings be amended to reference the correct Tax Map identification number
`of “Block: 5377 Lot: 14".
`
`KINGS County is designated as the place of trial. The wards of venue is the location of
`the mortgaged premises.
`
`
`
`‘
`_ c _’
`Z
`
`. Bro es, Esq.
`FEIN, SUCH& CRANE, LLP
`
`Dated: August JS 2017
`
`Attorneys for Plaintiff
`Office and PO. Address
`
`28 East Main Street, Suite 1800
`
`Rochester, New York 14614
`
`Telephone No. (585) 232—7400
`VERNC948
`
`Block: 5377
`
`Lot: 14
`
`

`

`NATURE AND OBJECT OF ACTION
`
`The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in
`the County of KINGS, State of New York as more particularly described in the Complaint herein.
`
`TO THE DEFENDANT, except HELENA PERSON, the plaintiff makes no personal
`claim against you in this action.
`
`

`

`Help for Homeowners in Foreclosure
`
`New York State Law requires that we send you this notice about the
`foreclosure process. Please read it carefully.
`
`Summons and Complaint
`You are in danger of losing your home. If you fail to respond to the
`summons and complaint in this foreclosure action, you may lose your home.
`Please read the summons and complaint carefully. You should immediately
`contact an attorney or your local legal aid office to obtain advice on how to
`protect yourself.
`Sources of Information and Assistance
`
`The State encourages you to become informed about your options in
`foreclosure. In addition to seeking assistance from an attorney or legal aid
`office, there are government agencies and non—profit organizations that you
`may contact for information about possible options, including trying to work
`with your lender during this process.
`To locate an entity near you, you may call the toll free helpline
`maintained by the New York State Department of Financial Services at 1-800-
`342-3736 or visit the Department’s website at www.dfs.ny.gov.
`
`Rights and Obligations
`YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS
`
`TIME. You have the right to stay in your home during the foreclosure
`process. You are not required to leave your home unless and until your
`property is sold at auction pursuant to a judgment of foreclosure and sale.
`Regardless of whether you choose to remain in your home, YOU ARE
`REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property
`taxes in accordance with state and local law.
`
`Foreclosure Rescue Scams
`
`Be careful of people who approach you with offers to “save” your home.
`These are individuals who watch for notices of foreclosure actions in order to
`
`unfairly profit from a homeowner’s distress. You should be extremely careful
`about any such promises and any suggestions that you pay them a fee or sign
`over your deed. State law requires anyone offering such services for profit to
`enter into a contract which fully describes the services they will perform and
`fees they will charge, and which prohibits them from taking any money from
`you until they have completed all such promised services.
`
`§ 1303 Notice
`
`122016
`
`

`

`STATE OF NEW YORK
`
`SUPREME COURT
`COUNTY OF KINGS
`
`
`US. BANK TRUST, N.A., AS
`TRUSTEE FOR LSF9 MASTER
`
`PARTICIPATION TRUST,
`
`-VS-
`
`Plaintiff,
`
`AMENDED
`COMPLAINT
`
`HELENA PERSON; HOUSEHOLD FINANCE
`
`REALTY CORPORATION OF NEW YORK;
`MORTGAGE ELECTRONIC REGISTRATION
`
`SYSTEMS, INC. AS NOMINEE FOR UNITED
`
`MORTGAGE BANKERS; SECRETARY OF
`
`HOUSING AND URBAN DEVELOPMENT;
`NEW YORK CITY PARKING VIOLATIONS
`
`BUREAU;
`"JOHN DOE" AND "JANE DOE" said
`
`Index No. 511382/2017
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`
`The plaintiff herein, by FEIN, SUCH & CRANE, LLP,
`
`its attorneys, complains of the
`
`defendants above named, and for its cause of action, alleges:
`
`FIRST: The plaintiff, is a national association, duly licensed, organized and existing
`
`pursuant to the laws of the United States of America, doing business in the State of New York.
`
`SECOND: Upon information and belief, at all times hereinafter mentioned, the
`
`defendant(s) reside or conduct business at the address set forth in "Schedule A" annexed hereto
`
`(any that are corporations being organized and existing under the laws of the State set forth
`
`therein), and are made defendants in this action in the capacities and for the reasons alleged
`
`therein.
`
`THIRD: That the United States of America, the People of the State of New York, the
`
`State Tax Commission of the State of New York, the Industrial Commissioner of the State of
`
`

`

`New York, and all other agencies or instrumentalities of the Federal, State or local government,
`
`however designated, if named as defendants, are made parties solely by reason of the facts set
`
`forth in the annexed ”Schedule B."
`
`FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor
`
`and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a
`
`certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
`
`and assigns, jointly and severally, in the amount of said sum, as more fully described in the
`
`annexed ”Schedule C," said schedule being a copy of the bond(s) or note(s), or accurate reference
`
`to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of
`
`repayment of said sum and rights of the plaintiff.
`
`FIFTH: Plaintiff is in possession of the Note referenced in paragraph FOURTH prior to
`
`the commencement of this action and is entitled to enforce the Note.
`
`SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was
`
`executed as annexed hereto in "Schedule D," acknowledged and delivered to the stated
`
`Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors
`
`bargained, granted and sold to the mortgagee named therein, its successors and assigns, the
`
`premises more particularly described therein (hereinafter, the "Mortgaged Premises") under
`
`certain conditions with rights, duties and privileges between the parties as described therein.
`
`SEVENTH: The Mortgage is currently held by Plaintiff. A copy of the Assignment is
`
`attached. As such, Plaintiff is current beneficiary of the Mortgage securing the Note, the
`
`originals of which are in Plaintiffs possession and control, and Plaintiff is otherwise entitled to
`
`enforce the subject Mortgage and Note pursuant to law.
`
`EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due
`
`thereon was duly paid in the County Clerk's Office at the place and time that appears therein.
`
`

`

`NINTH: That Plaintiff has complied with all applicable provisions of the RPAPL
`
`Section 1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m if
`
`applicable, in securing the aforementioned indebtedness and at all times thereafter. In accordance
`
`with RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago but
`
`within the last 12 months. The 90 day notice was sent at least 90 days before the commencement
`
`of this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type,
`
`contained the statutorily dictated language and the addresses and phone numbers of at least five
`
`US Department of Housing and Urban Development approved housing counseling agencies in
`
`the region where the borrower resides and was mailed by registered or certified mail and first
`
`class mail to the last known address of the borrower. Plaintiff has fully and completely complied
`
`with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306
`
`filing requirements in that the filing with the superintendent was completed within three (3)
`
`business days of the mailing.
`
`TENTH: That the defendant(s), HELENA PERSON, has failed to comply with the
`
`conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes,
`
`assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully
`
`described in "Schedule E".
`
`ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the
`
`mortgage(s) as more than thirty (30) days have elapsed since the date of default.
`
`TWELFTH: That "Schedule E" sets forth the principal balance due and the date and rate
`
`from which interest accrued and is owing from the defendant(s) default.
`
`THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in
`
`"Schedule E", or may be compelled to pay during the pendency of this action, local taxes, assess—
`
`ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,
`
`

`

`and hereby requests that any sums paid by it for said purposes, with interest thereon, be added to
`
`the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the
`
`Mortgaged Premises.
`
`FOURTEENTH: That the defendants herein have or claim to have some interest in, or
`
`lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued
`
`subsequent to the lien of the plaintiffs mortgage(s).
`
`FIFTEENTH: That the plaintiff is now the true and lawful holder of the said
`
`bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a
`
`mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there
`
`have been no prior proceedings, at law or otherwise, to collect or enforce the b0nd(s)/note(s) or
`
`mortgage(s) and no such proceedings are currently pending.
`
`SIXTEENTH: That Schedules "A", "B", "C", "D", "E" and "F", be incorporated and
`
`made part of the Complaint with the same force and effect as if they were completely and fully
`
`set forth wherever reference is made to them herein.
`
`SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released
`
`or changed its election herein by reason of any payment after the commencement of this action of
`
`any or all of the defaults mentioned herein and such election shall continue to be effective.
`
`EIGHTEENTH: As a result of a scrivenor’s error, the property description (Legal
`
`Description) in the mortgage recorded on November 14, 2002 in Reel 5896 at Page 2451, is
`
`erroneous in that it has numerous errors throughout the property description (Legal Description),
`
`summarized as follows: the mortgage to be foreclosed herein describes the mortgaged premises
`
`by reference to the deed in Reel 1143 at Page 111 only. The correct property description (Legal
`
`Description) which corresponds to the block and lot number set forth in the mortgage is set out in
`
`the deed recorded on February 22, 1980, in Reel 1143, Page 111. It is requested that the proper
`
`

`

`and accurate legal description as contained in the said deed be substituted nunc pro tunc for the
`
`erroneous property description (Legal Description) in the mortgage recorded onNovember 14,
`
`2002 in Reel 5896 at Page 2451. Attached hereto as Schedule "F", please find the proposed
`
`substituted mortgage premise legal description.
`
`NINETEENTH: That these pleadings be amended to reference the correct Tax Map
`
`identification number of “Block: 5377 Lot: 14".
`
`WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due
`
`it for principal, interest, costs and reasonable attorneys', fees if provided for in the bond(s),
`
`note(s) or mortgage(s), and that the defendants, and any persons claiming by, through or under
`
`them subsequent to the commencement of this action, and every other person or corporation
`
`whose right, title, conveyance or encumbrance of the Mortgaged Premises is subsequent or
`
`recorded subsequent to the plaintiffs interest, be forever barred and foreclosed of all right, claim,
`
`lien, interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged
`
`Premises, or part thereof, be decreed to be sold according to law as may be necessary to raise the
`
`amounts due for principal, interest, costs, allowances and disbursements, together with any
`
`monies advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said
`
`bond(s), note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its
`
`mortgage(s) out of the proceeds from the sale thereof, with interest thereon from the respective
`
`dates of payment thereof, costs and expenses of this action and reasonable attorneys' fees, if
`
`provided for in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds
`
`permits said payment; that any of the parties hereto may purchase the Mortgaged Premises at
`
`sale; that this Court, if requested, forthwith appoint a Receiver of the rents and profits of the
`
`Mortgaged Premises with the usual powers and duties associated therewith; that the defendants
`
`whom executed the Note and were not otherwise released or discharged by bankruptcy be
`
`

`

`adjudged to pay any remaining deficiency; and that the property description as set forth in
`
`Schedule “F”, attached hereto be substituted Nunc Pro Tunc for the description contained in the
`
`mortgage and that said description be determined by the court to be the true and correct
`
`description of the property to be foreclosed; and for such other and further relief as the Court may
`
`deem just and equitable. The plaintiff hereby reserves its right to share in surplus monies from
`
`the sale by Virtue of its position as a judgment or other lien creditor, excluding the mortgage(s)
`
`foreclosed herein.
`
`
`DATED: August 52017 by?
`
`
`. Broyles, Esq.
`Mark
`FEIN, L IICH & CRANE. LLP
`
`
`
`Attorneys for Plaintiff
`Office and PO. Address
`
`28 East Main Street, Suite 1800
`
`Rochester, New York 14614
`
`Telephone: (585) 232-7400
`VERNC948
`
`

`

`
`SCHEDULE "A" - DEFENDANTS
`
`DEFENDANTS
`
`CAPACITY
`
`Helena Person
`
`318 East 9th Street
`
`Brooklyn, NY 1 1218
`
`Record owner and original obligor by Virtue
`of the Note/Bond secured by the mortgage
`recorded on November 14, 2002 in Reel
`
`5896 at Page 2451; said mortgage was then
`assigned to Plaintiff by virtue of an
`Assignment of Mortgage recorded on
`September 22, 2016 in CRFN
`2016000329842.
`
`Household Finance Realty Corporation of
`New York
`
`21 15 Flatbush Avenue
`
`Brooklyn, NY
`
`Subordinate mortgagee by Virtue of the
`
`Mortgage recorded on November 15, 2005
`in CRFN 200500063173 8.
`
`Mortgage Electronic Registration Systems,
`
`Subordinate mortgagee by virtue of the
`
`Inc. as nominee for United Mortgage
`Bankers
`
`Mortgage recorded on March 5, 2015 in
`CRFN 20150000750097.
`
`3601 Hempstead Turnpike, Suite 300
`Levittown, NY
`
`John and Jane Doe
`
`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.
`
`

`

`SCHEDULE “B”
`
`Secretary of Housing and Urban
`Development
`451 Seventh Street, SW
`
`Washington, DC
`
`Subordinate mortgagee by Virtue of the
`Mortgage recorded on March 5, 2015 in
`CRFN 2015000075098.
`
`New York City Parking Violations Bureau
`66 John Street FL 1
`New York, NY
`
`Possible subordinate lienor by virtue of a
`numerous judgments against names similar
`to record owner, attached herein as
`Schedule "B-1".
`
`

`

`SCHEDULE “B-l”
`
`

`

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`

`SCHEDULE "C"
`
`

`

`
`
`
`LOAN REPAYMENT AND SECURITY AGREEMENT (Page I of 3)
`
`LENDER (called "We", "Us", ”Our")
`HOUSEHOLD FlNANCE REALTY CORPORATION OF NEW YORK
`88—05 FRESH POND ROAD
`RIDGEWODD NV 11385
`
`BORROWERS (called "You", "Your")
`
`318 E 9TH ST
`BROOKLYN NY 11218
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`.- Y.
`(r.
`; 1m. PHEMIUM
`
`A mflfl s
`§_.
`RELI INS PREMIUM
`"'
`S
`
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`
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`
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`6.093 m.
`
`HEPATMNIT PERM" '
`
`YOU ARE GIVING US A SECURHY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS.
`
` REQUIRED INSURANCE. You must obtain insurance. for w:
`
` m of loan covaring accurhy for this: loan as indicated by tho wnrd
`"YES" below. naming us as Loss Payee:
`
`YES
`YES
`
`. Tille insurance on real estme. security.
`Hazard insurance rm real estate security.
`
`You may Obtain any required insurance from anyone you choose and may annign any o1her policy of insurance
`you own to cover the security for this luau.
`[See “Security" paragraph above for description of security to bu insured.)
`_ wri'lrn:
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`05:07-02 HE 1ST
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`
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`
`

`

`— [l
`LOAN RFPA‘ile'iN'I' AND SECURI'J'Y AGREEMENT [Page 2 ol' 3}
`PAYMENT. In return for this loan, you agree to pay on tho Princiml [Amount Financed and fl’uiuls {all shown on page
`one-l] plus Inierest in monihly paymo‘pts as stored on page onc. compu'tod by the uimplo inturiest method on the mould
`balances: of Principal at the (Inutmcl Ilium: lulu-awn on page one} plus any monthly insurance prcmium. if elected. until
`fully paid. Pay-manta a

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