IND
`EX NO.
`615498/2021
`INDEX NO. 615498/2021
`
`
` EIVE :D
`
`
`04/17/2024
`RECEIVED NYSCEF: 04/17/2024
`
` NYSCEF:
`
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 P
`NYSCI BF DOC. NO. 78
`NYSCEF DOC. NO. 78
`
`
`
`Exhibit “H”
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`waneneeeee eeeeeeeeeeeeeeeeeeeeeeeeeensX
`WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A Index No.:
`CHRISTIANA TRUST AS TRUSTEE FOR PNPMS
`TRUSTI,
`
`Date Filed:
`
`Plaintiff,
`
`SUMMONS AND NOTICE
`
`-against-
`
`Mortgaged Premises:
`65 Hungry Harbor Road
`JOHN LANE; NATIONAL CREDIT ADJUSTERS LLC; Valley Stream, NY 11581
`and “JOHN DOE#1”through “JOHN DOE #10,” saidnames_Section: 39
`being fictitious and unknown to plaintiff, intended to be
`Block: E
`possible
`tenants
`or occupants of
`the premises,
`or
`Lot: 240
`corporations, persons, or other entities having or claiming a
`lien upon the mortgaged premises,
`
`Defendants.
`wnan eenneenee eeeeeeee eeeeneeneceneneneeeX
`
`TO THE ABOVE-NAMED DEFENDANTS:
`
`Venue: Nassau County (based on
`the
`situs of
`the Mortgaged
`Premises)
`
`YOU ARE HEREBY SUMMONEDtoanswerthe complaint in this action and to serve
`
`a copy of your answer,or, if the complaint is not served with this summons, to serve a notice of
`
`appearance, on the Plaintiffs attorneys within twenty (20) days after the service of this summons,
`
`exclusive of the day of service (or within thirty (30) days after the service is complete if this
`
`summonsis not personally delivered to you within the State of New York); and in case of your
`
`failure to appear or answer, judgment will be taken against you by default for the relief demanded
`
`in the complaint.
`
`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.
`
`FLF No. 46376.00283
`
`1 of 64
`1 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO. 1
`
`INDEX NO.
`INDEX NO. 615498/2021
`615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF:
`RECEIVED NYSCEF: 04/17/2024
`02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`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 RESPONDBY SERVING A COPY OF THE ANSWER ON THE
`ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND
`FILING THE ANSWER WITH THE COURT.
`
`Dated: December10, 2021
`Old Brookville, New York
`
`THE FRANK LAW FIRM P.C.
`
`By:
`
`/s/
`ThomasJ. Frank, Esq.
`333 Glen Head Road,Suite 145
`Old Brookville, New York 11545
`Tel:
`(516) 246-5577
`Fax: (516) 246-5597 (For court use only)
`Em:
`thomas@frankfirmpc.com
`
`Attorneysfor Plaintiff, Wilmington Savings Fund
`Society, FSB, D/B/A Christiana Trust as Trustee
`for PNPMSTrust I
`
`WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY
`INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
`
`FLF No. 46376.00283
`
`2 of 64
`2 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`SERVICELIST
`
`TO:
`John Lane
`65 Hungry Harbor Road
`Valley Stream, NY 11581
`
`John Doe #1-10
`65 Hungry Harbor Road
`Valley Stream, NY 11581
`
`National Credit Adjusters LLC
`327 W 4th Street
`Hutchinson, KS 67501
`
`FLF No. 46376.00283
`
`3 of 64
`3 of 64
`
`

`

`A
`12/10/2021
`CLERK
`COUNTY
`NASSAU
`09:19
`FILED:
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`1
`NYSCEF
`DOC.
`NO.
`NYSCEF DOC. NO. 78
`
`615498/2021
`INDEX
`NO.
`INDEX NO. 615498/2021
`RECEIVED
`12/10/2021
`NYSCEF:
`RECEIVED NYSCEF: 04/17/2024
`
`NOTICE
`
`TO DEFENDANT
`
`CORONAVIRUS
`
`THE
`
`DURING
`YOUMIGHT
`ADDITIONAL
`ANSWER
`
`EMERGENCY,
`BY LAW TO TAKE
`BE ENTITLED
`OR WEEKS
`AN
`DAYS
`10
`TO THIS
`
`FILE
`
`COMPLAINT.
`
`PLEASE
`
`ATTORNEY
`YOUR
`CONTACT
`MORE INFORMATION.
`
`FOR
`
`IF YOU DON'T
`
`HAVE
`
`AN ATTORNEY,
`
`PLEASE
`
`VISIT
`
`http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
`
`OR
`
`https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
`
`4 of
`
`64
`
`

`

`A
`12/10/2021
`CLERK
`COUNTY
`NASSAU
`O 9 : 19
`FILED:
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`1
`NYSCEF
`DOC.
`NO.
`NYSCEF DOC. NO. 78
`
`615498/2021
`INDEX
`NO.
`INDEX NO. 615498/2021
`RECEIVED
`12/10/2021
`NYSCEF:
`RECEIVED NYSCEF: 04/17/2024
`
`AVISO
`
`A DEMANDADO
`
`DURANTE
`
`IA
`
`EMERGENCIA
`
`DEL
`
`CORONAVIRUS,
`
`QUE USTED
`ES POSIBLE
`NR LEY A TOMAR
`
`TENGA
`
`DERECHO
`
`DIAS
`
`O SEMANAS
`
`ADICIONALES
`
`PARA
`
`PRESENTAR
`
`UNA RESPUESTA
`
`A ESTA
`
`PETICION
`
`mR FAVOR
`PARA
`
`A SU ABOGADO
`CONTACTE
`MAS INFORMACION.
`
`SI USTED
`
`NO TIENE
`
`UN ABOGADO,
`
`VISITE
`
`http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
`
`O
`
`https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
`
`5 of
`
`64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 05:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`wneeee neneeeenX
`WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A
`CHRISTIANA TRUST AS TRUSTEE FOR PNPMS
`TRUSTI,
`
`Index No.:
`
`Plaintiff,
`
`COMPLAINT
`
`-against-
`
`JOHN LANE; NATIONAL CREDIT ADJUSTERS LLC;
`and “JOHN DOE#1”through “JOHN DOE#10,” said names
`being fictitious and unknown to plaintiff,
`intended to be
`possible
`tenants
`or occupants of
`the premises,
`or
`corporations, persons, or other entities having or claiming a
`lien upon the mortgaged premises,
`
`Defendants.
`weenX
`
`Mortgaged Premises:
`65 Hungry Harbor Road
`Valley Stream, NY 11581
`Section: 39
`Block: E
`Lot: 240
`
`Plaintiff WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA
`
`TRUST AS TRUSTEE FOR PNPMSTRUSTI,byits attorneys, THE FRANK LAW FIRM
`
`P.C., complains and alleges upon information andbelief as follows:
`
`AS AND FORA FIRST CAUSE OF ACTION
`
`1.
`
`Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as Trustee for
`
`PNPMSTrustI (“Plaintiff”) is, and at all
`
`times hereinafter mentioned, was organized under the
`
`laws of the United States of America.
`
`2.
`
`On or about January 29, 2007, John Lane (“Defendant’’) executed and delivered to
`
`GE Money Bank, a federal savings bank a certain promissory note bearing that date, whereby
`
`Defendant covenanted and agreed to pay the principal sum of $139,920.00, subject to the terms more
`
`fully set forth in the note, which is annexed hereto as Exhibit A, together with the proper
`
`indorsements (the “Note’”).
`
`FLF No. 46376.00283
`
`6 of 64
`6 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`3.
`
`For the purpose of securing payment of the aforementioned indebtedness,
`
`Defendant duly executed and delivered a mortgage to Mortgage Electronic Registration Systems,
`
`Inc. solely as nominee for GE Money Bank,a federal savings bank which wasrecorded in the
`
`Nassau County Clerk’s Office on February 14, 2007,
`
`in Book 31549, Pages 203-215 (the
`
`“Mortgage”). The Mortgage is annexed hereto as Exhibit B.
`
`4.
`
`5.
`
`Any applicable recording tax was duly paid.
`
`The mortgaged premises, more fully described in the Schedule “A” Legal
`
`Description annexed hereto, is commonly known as 65 Hungry Harbor Road, Valley Stream, NY
`
`11581 (the “Premises”).
`
`6.
`
`The Mortgage was assigned from Mortgage Electronic Registration Systems, Inc.
`
`solely as nominee for GE Money Bank, a federal savings bank to Plaintiff by Assignment of
`
`Mortgage dated March 18, 2021 and recorded in the Nassau County Clerk’s Office. The
`
`Assignment of Mortgage is annexed hereto as Exhibit C.
`
`7.
`
`Plaintiff is the owner and holder of the Mortgage and Note or has been delegated
`
`the authority to institute a foreclosure action by such ownerand holder of the Mortgage and Note.
`
`8.
`
`Plaintiff or its custodian is in possession and control of the original Note. The Note
`
`has been duly endorsed. Plaintiff is the assignee of the security instrument for the subject loan.
`
`Plaintiff has the right to foreclose the Note and Mortgage.
`
`9.
`
`Defendant failed to comply with the terms and provisions of the Mortgage and
`
`Note, by failing to pay principal and interest and/or taxes, insurance premiums, escrows and/or
`
`other charges commencing with the October 15, 2009 installment payment andall subsequent
`
`payments.
`
`FLF No. 46376.00283
`
`7 of 64
`7 of 64
`
`

`

`12/10/2021
`CLERK
`COUNTY
`FILED
`: NASSAU
`AM
`09:19
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`1
`NYSCEF
`DOC.
`NO.
`NYSCEF DOC. NO. 78
`
`9 8 / 2 0 2 1
`6154
`INDEX
`NO.
`INDEX NO. 615498/2021
`RECEIVED
`12/10/2021
`NYSCEF:
`RECEIVED NYSCEF: 04/17/2024
`
`10.
`
`That
`
`there
`
`is now due
`
`and
`
`owing
`
`to the Plaintiff,
`
`the
`
`principal
`
`unpaid
`
`balance
`
`of
`
`$150,363.67
`
`with
`
`interest
`
`thereon
`
`from
`
`September
`
`15,
`
`2009,
`
`plus
`
`accumulated
`
`late
`
`charges
`
`together
`
`with
`
`any
`
`sums
`
`advanced
`
`by Plaintiff.
`
`11.
`
`More
`
`than
`
`thirty
`
`(30)
`
`days
`
`have
`
`elapsed
`
`since
`
`the
`
`first
`
`of
`
`said
`
`defaults
`
`occurred,
`
`and
`
`by
`
`reason
`
`thereof,
`
`Plaintiff
`
`has
`
`elected
`
`and
`
`hereby
`
`elects
`
`to
`
`declare
`
`immediately
`
`due
`
`and
`
`and
`
`interest
`
`that
`
`is collectible
`
`within
`
`the
`
`applicable
`
`payable
`
`the
`
`entire
`
`unpaid
`
`balance
`
`of principal
`
`statute
`
`of
`
`limitations,
`
`together
`
`with
`
`monies
`
`advanced
`
`for
`
`taxes,
`
`insurance,
`
`property
`
`maintenance,
`
`as well
`
`as
`
`the
`
`costs,
`
`allowances
`
`and
`
`reasonable
`
`attorney's
`
`fees
`
`to
`
`the
`
`extent
`
`permitted
`
`by
`
`the
`
`Mortgage
`
`and
`
`applicable
`
`law.
`
`Plaintiff
`
`will
`
`not
`
`seek
`
`to
`
`collect
`
`any
`
`installment
`
`payment
`
`that
`
`became
`
`due
`
`outside
`
`the
`
`applicable
`
`statute
`
`of
`
`limitations.
`
`12.
`
`To
`
`the
`
`extent
`
`Plaintiff
`
`has
`
`complied
`
`with
`
`all
`
`of
`
`the
`
`provisions
`
`of New
`
`applicable,
`
`York
`
`Banking
`
`Law Section
`
`595-a,
`
`Section
`
`6-1,
`
`Section
`
`9-x,
`
`Section
`
`6-m,
`
`and UCC § 9-611.
`
`13.
`
`To
`
`the
`
`extent
`
`applicable,
`
`Plaintiff
`
`is in
`
`compliance
`
`with
`
`RPAPL
`
`§ 1304.
`
`Annexed
`
`hereto
`
`as Exhibit
`
`D is a true
`
`and
`
`accurate
`
`copy
`
`of
`
`the RPAPL
`
`§ 1304
`
`90-day
`
`pre-foreclosure
`
`notice.
`
`14.
`
`To
`
`the
`
`extent
`
`applicable,
`
`Plaintiff
`
`is in compliance
`
`with RPAPL
`
`§ 1306.
`
`The
`
`tracking
`
`number
`
`provided
`
`hereto
`
`as Exhibit
`
`by
`
`E.
`
`the New York
`
`State Department
`
`of Financial
`
`Services
`
`is NYS5397644,
`
`annexed
`
`Upon
`
`information
`
`and
`
`Plaintiff
`
`has
`
`complied
`
`with
`
`all
`
`conditions
`
`precedent
`
`15.
`
`belief,
`
`and
`
`notice
`
`requirements
`
`contained
`
`in the Mortgage,
`
`if any.
`
`16.
`
`That
`
`in order
`
`to protect
`
`its
`
`security,
`
`the Plaintiff,
`
`or
`
`its
`
`agents,
`
`has
`
`paid
`
`or may
`
`be
`
`compelled
`
`during
`
`the
`
`pendency
`
`of
`
`this
`
`action
`
`to
`
`pay
`
`local
`
`taxes,
`
`assessments,
`
`water
`
`rates,
`
`insurance
`
`premiums
`
`and
`
`other
`
`charges
`
`affecting
`
`the Premises,
`
`and
`
`the Plaintiff
`
`requests
`
`that
`
`any
`
`sums
`
`thus
`
`paid
`
`by
`
`it
`
`for
`
`said
`
`purposes
`
`(together
`
`with
`
`interest
`
`thereon),
`
`should
`
`be
`
`added
`
`to
`
`FLF No. 46376.00283
`
`3
`
`8 of
`
`64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`the sum otherwise due and be deemed secured by the Mortgage and be adjudged a valid lien on
`
`the Premises.
`
`17.
`
`Each of the above-named defendants have, or may claim to have, someinterest in
`
`or lien upon the Premises or somepart thereof, which interest orlien, if any, has accrued subsequent
`
`to the lien of Plaintiff's Mortgage. Pursuant to the provisions of CPLR § 5203(a)(2) and/or RPAPL
`
`§ 1311, any such interests or liens are subject and subordinate to Plaintiff's Mortgage. Annexed
`
`hereto as Exhibit F is the basis for the above-captioned defendants’ interest in the Premises,
`
`excluding Defendant’s.
`
`18.
`
`The named party defendants are described and set out with specificity in the
`
`annexed Schedule “B.”
`
`19.
`
`John Doe #1 through John Doe # 10 are fictitious and unknown to Plaintiff. They
`
`are named as defendants to designate any andall personsorparties, if any, having or claiming an
`
`interest in or lien upon the mortgage premises. They may be judgmentcreditors or may have, or
`
`claim to have a subordinate mortgage, or may be tenants/occupants, the possible interests of which
`
`are subordinate to the interest of Plaintiff herein.
`
`20.
`
`No other action or proceeding is now pending at
`
`law or otherwise for the
`
`foreclosure of the Mortgage or for the recovery of the sum evidenced by the Note or any part
`
`thereof.
`
`21.
`
`Plaintiff requests that
`
`in the event
`
`that
`
`this action proceed to judgment of
`
`foreclosure and sale, the Premises shall be sold subject to the following:
`
`i.
`
`ii.
`
`Anystate of facts that an inspection of the Premises would disclose;
`
`Anystate of facts that an accurate survey of the Premises would show;
`
`iii.|Covenants, restrictions, easements and public utility agreements, if any;
`
`FLF No. 46376.00283
`
`9 of 64
`9 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`iv.
`
`Building and zoning ordinances of the municipality in which the mortgage
`
`premisesare located and possible violations of same;
`
`Anyrights of tenants in possession of the subject Premises;
`
`Vi.
`
`Any equity of redemption of the United States of America to redeem the premises
`
`within 120 days from the date of sale;
`
`Vii.
`
`Prior mortgage liens of record, and any advancesand arrears thereunder; and
`
`vill.
`
`Prior lien(s) of record, if any.
`
`22.
`
`Plaintiff shall not be deemed to have waived, altered, released or changed the
`
`election hereinbefore made, by reason of any paymentafter the commencementofthis action, of
`
`any or all of the defaults mentioned herein, and such election shall continue and remain effective.
`
`KARR ES
`
`FLF No. 46376.00283
`
`10 of 64
`10 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`WHEREFORE,Plaintiff demands judgment, against the defendants as follows:
`
`a.
`
`That each andall of the defendants in this action, and any andall persons claiming
`
`by, through and under any of them, subsequent to the commencementofthis action andthe filing
`
`of the Notice of Pendency thereof in the Office of the County Clerk of Nassau County in the State
`
`of New York, which is the county in which the Premises are located, may be forever barred and
`
`foreclosed of any andall right, title and interest, claim, lien and equity of redemption in the
`
`Premises;
`
`b.
`
`That a receiver of rents may be appointed without notice as provided in the
`
`mortgage, if requested;
`
`C.
`
`That the Court direct that the Premises can be sold according to law, in one parcel
`
`or otherwise as equity may require;
`
`That the moniesarising from the sale of the Premises may be brought into Court;
`
`That the monies due to Plaintiff on the Note and Mortgage may be adjudged and
`
`d.
`
`e.
`
`computed;
`
`f.
`
`That Plaintiff may be paid the amount adjudged to be due on the Note and the
`
`Mortgage with interest at the time of such payment, together with any monies advanced and paid
`
`pursuant to any term of provision of the Note and Mortgage so as to protect the lien of the
`
`Mortgage, and together with taxes, insurance premiums andall other charges and liens paid
`
`thereon with interest upon said amount from the date of the respective payments and advances,
`
`together with all amounts due byvirtue of statutory costs, allowances and attorney’s fees, together
`
`with any reasonable attorney’s fees over and above the amounts coveredbythe statutory attorney’s
`
`fees, together with the expenses of the sale insofar as the amount of such monies properly
`
`applicable thereto will pay the same;
`
`FLF No. 46376.00283
`
`11 of 64
`11 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`g.
`
`Thatif the proceeds of the sale of the Premisesare insufficient to pay the amount
`
`found due to Plaintiff as set forth in the immediately preceding paragraph, the officer making the
`
`sale be required by the judgmentof sale herein to specify the amount such deficiency in the report
`
`of sale so that application may be made by Plaintiff to the Court pursuant to the Real Property
`
`Actions and Proceedings Law § 1371 for a deficiency judgment against the defendant-obligors,
`
`which will include the amount of any such deficiency, unless; (1) said debt has been listed and
`
`discharged in a bankruptcypetition; or (2) Plaintiff is unable to produce a copy ofthe note; and
`
`h.
`
`That Plaintiff be awarded reasonable attorney’s fees as provided in the Note and
`
`Mortgage, as well as the costs and disbursementsofthis action.
`
`Dated: December 10, 2021
`Old Brookville, New York
`
`THE FRANK LAW FIRM P.C.
`
`By:
`
`/s/
`ThomasJ. Frank, Esq.
`333 Glen Head Road,Suite 145
`Old Brookville, New York 11545
`Tel:
`(516) 246-5577
`Fax:
`(516) 246-5597 (For court use only)
`Em:
`thomas@frankfirmpc.com
`
`Attorneysfor Plaintiff, Wilmington Savings Fund
`Society, FSB, D/B/A Christiana Trust as Trusteefor
`PNPMSTrust I
`
`FLF No. 46376.00283
`
`12 of 64
`12 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 05:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`CERTIFICATION BY ATTORNEY
`
`I, THOMASJ. FRANK,am an attorney duly admitted to practice law in the State ofNew
`
`York.
`
`I am a member of THE FRANK LAW FIRM P.C.,
`
`the attorneys for plaintiff
`
`WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS
`
`TRUSTEE FOR PNPMSTRUSTI, in the above captioned civil action.
`
`I HEREBY CERTIFY,pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator
`
`(22 NYCRR),
`
`to the best of my knowledge,
`
`information, and belief, formed after inquiry
`
`reasonable underthe circumstances, that the presentation of the Summons and Complaintin this
`
`action, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of
`
`the Rules of the Chief Administrator (22 NYCRR).
`
`Dated: December 10, 2021
`Old Brookville, New York
`
`s/ Thomas J. Frank
`THOMASJ. FRANK,ESQ.
`
`FLF No. 46376.00283
`
`13 of 64
`13 of 64
`
`

`

`12/10/2021
`CLERK
`COUNTY
`NASSAU
`AM
`09:19
`FILED:
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`1
`NYSCEF
`DOC.
`NO.
`NYSCEF DOC. NO. 78
`
`98 /2021
`6154
`INDEX
`NO.
`INDEX NO. 615498/2021
`RECEIVED
`12/10/2021
`NYSCEF:
`RECEIVED NYSCEF: 04/17/2024
`
`Title Number
`
`Page
`
`1
`
`Schedule
`
`A Description
`
`ALL that certain
`improvements
`Unincorporated
`York, bounded
`
`land, with the buildings
`plot, piece or parcel of
`and
`thereon
`lying and being
`at Valley Stream,
`erected,
`situate,
`Area, Town of Hempstead,
`of Nassau
`and State of New
`County
`as follows:
`and described
`
`.
`I
`side of Hungry Harbor Road, distant
`at a point on the easterly
`BEGINNING
`and northerly,
`870.84
`oh the
`and northerly measured
`feet easterly
`westerly
`and easterly
`side of Hungry Harbor Road from the
`southeriy,
`easterly,
`northerly
`the arc of the curve connecting
`side of
`the new southerly
`extreme
`end of
`easterly
`side of Hungry Harbor Road;
`Hungry Harbor Road and the easterly
`
`50 seconds
`01 minute
`North 20 degrees
`RUNNING THENCE
`side of Hungry Harbor Road, 68.0 feet;
`present
`easterly
`
`East, along the
`
`THENCE
`
`South
`
`67 degrees
`
`41 minutes
`
`20 seconds
`
`East, 149.17
`
`feet
`
`THENCE
`
`South
`
`20 degrees
`
`01 minute
`
`50 seconds West,
`
`73.43 feet;
`
`THENCE
`easterly
`
`36 minutes
`North 65 degrees
`side of Hungry Harbor Road,
`
`149.49
`30 seconds West,
`feet
`the point or place of BEGINNING.
`
`to the
`
`14
`
`of
`
`64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`SCHEDULE B - PARTY DEFENDANTS & INTERESTS
`
`
`
`DEFENDANT TYPE
`
`PARTY DEFENDANT
`
`JOHN LANE
`
`Ownerof the premises under deed dated January
`29, 2007 and recorded in the Nassau County
`Clerk’s Office on February 14, 2007, and
`mortgagor under the mortgage dated January 29,
`2007 and recorded with the Nassau County
`Clerk’s Office on February 14, 2007, in Book
`31549, Page 203. Obligor under the promissory
`note dated January 29, 2007.
`Lien holder under Reference No. JT12022937
`NATIONAL CREDIT ADJUSTERS LLC
`recorded on September24, 2012.
`JOHN DOE#1 through JOHN DOE #10
`
`
` Potential occupants or additional lien holders
`
`FLF No. 46376.00283
`
`15 of 64
`15 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 05:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`Hardship Declaration
`Affirmation
`
`FLF No. 46376.00283
`
`16 of 64
`16 of 64
`
`

`

`A
`12/10/2021
`CLERK
`COUNTY
`: NASSAU
`FILED
`09:19
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`1
`NYSCEF
`DOC.
`NO.
`NYSCEF DOC. NO. 78
`
`615498/2021
`INDEX
`NO.
`INDEX NO. 615498/2021
`RECEIVED
`12/10/2021
`NYSCEF:
`RECEIVED NYSCEF: 04/17/2024
`
`PURSUANT
`
`NOTICE
`OF 90-DAY
`OF MAILING
`AFFIRMATION
`& HARDSHIP
`OF DEFAULT
`TO RPAPL
`§ 1304, NOTICE
`
`DECLARATION
`
`THOMAS
`says, under
`
`FRANK,
`the penalties
`
`an attorney
`of perjury,
`
`admitted
`duly
`pursuant
`
`in the State
`to CPLR
`2106:
`
`of New York,
`
`being
`
`duly
`
`sworn,
`
`deposes
`
`and
`
`I am an attorney
`New York
`11545.
`
`with
`
`The Frank
`
`Law
`
`Firm P.C.,
`
`located
`
`at 333 Glen Head Road,
`
`Suite
`
`208, Glen Head,
`
`On March
`
`envelopes,
`in 14-point
`
`by both
`I mailed,
`first-class
`8, 2021,
`to Mortgagor
`and Mortgagor's
`the Notice
`Times New Roman
`and retrieved
`
`font,
`
`John
`Lane
`Harbor
`Road
`65 Hungry
`Stream, New York
`Valley
`TRACKING
`USPS
`7020
`
`11581
`1290
`
`0001
`
`6795
`
`3400
`
`and
`
`certified
`Declaration
`from nycourts.gov,
`
`return
`mail,
`of COVID-19
`to:
`
`receipt
`requested,
`Related
`Hardship,
`
`in separate
`printed
`
`Annexed
`Declaration
`mailings.
`
`On March
`
`envelopes,
`RPAPL
`
`counseling
`
`as Exhibit
`hereto
`of COVID-19
`
`A is a true
`Related
`
`Hardship
`
`and
`
`complete
`with
`true
`
`the Notice
`of
`copy
`and accurate
`copies
`
`to Mortgagor
`ofthe
`envelopes
`
`and Mortgagor's
`
`containing
`
`said
`
`I mailed,
`certified
`and
`first-class
`by both
`8, 2021,
`or correspondence,
`no other
`and including
`notice
`Times New Roman
`in 15-point
`printed
`§ 1304,
`of New York,
`agencies
`the State
`to:
`
`font,
`
`serving
`
`receipt
`return
`mail,
`pre-foreclosure
`the 90-Day
`a complete
`and including
`
`requested,
`notice
`of
`list
`
`in separate
`required
`by
`the housing
`
`0001
`
`6795
`
`3394
`
`Lane
`John
`Harbor
`65 Hungry
`Road
`Stream, New York
`Valley
`TRACKING
`USPS
`7020
`
`11581
`1290
`
`hereto
`Annexed
`true
`and accurate
`statement.
`
`as Exhibit
`copies
`
`of
`
`B is a true
`and complete
`the envelopes
`
`containing
`
`of
`pre-foreclosure
`the 90-Day
`copy
`and the RPAPL
`said mailings
`
`notice
`proof
`§ 1306
`
`along with
`of
`filing
`
`On March
`
`8, 2021,
`
`I also mailed,
`
`by certified
`
`mail,
`
`return
`
`receipt
`
`requested,
`
`a Notice
`
`of Default
`
`to:
`
`John
`Lane
`Road
`Harbor
`65 Hungry
`Stream, New York
`Valley
`TRACKING
`USPS
`7020
`
`11581
`1810
`
`0001
`
`7639
`
`2281
`
`Annexed
`accurate
`
`hereto
`
`copy
`
`of
`
`as Exhibit
`the envelope
`
`C is a true
`
`containing
`
`and accurate
`said mailing.
`
`copy
`
`of
`
`the Notice
`
`of Default
`
`along
`
`with
`
`a true
`
`and
`
`As of
`
`today's
`
`date,
`
`our office
`
`has not
`
`received
`
`a signed
`
`hardshi
`
`declaration
`
`from the mortgagor.
`
`Dated:
`
`December
`
`10, 2021
`
`Thomas
`
`Frank,
`
`Esq.
`
`17
`
`of
`
`64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 05:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`EXHIBIT A
`
`18 of 64
`18 of 64
`
`

`

`A
`12/10/2021
`CLERK
`COUNTY
`: NASSAU
`09:19
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`E'ILED
`1
`NYSCEF
`DOC.
`NO.
`NYSCEF DOC. NO. 78
`
`615498/2021
`INDEX
`NO.
`INDEX NO. 615498/2021
`RECEIVED
`12/10/2021
`NYSCEF:
`RECEIVED NYSCEF: 04/17/2024
`
`FrankLawFirm
`
`ATTORNEYS-AT-LAW
`
`WE ARE A DEBT
`AND ARE ATTEMPTING
`COLLECTOR
`ANY INFORMATION
`OBTAINED
`WILL
`BE USED
`
`A DEBT.
`TO COLLECT
`FOR THAT
`PURPOSE.
`
`March
`
`8, 2021
`
`Mail
`
`(RRR)
`
`& First-Class
`
`Mail
`
`Certified
`
`Via
`John
`Lane
`65 Hungry
`Stream,
`Valley
`
`Road
`Harbor
`New York
`
`11581
`
`PROPERTY
`LOAN
`NO:
`
`ADDRESS:
`
`65 Hungry
`
`Harbor
`
`Road,
`
`Valley
`
`Stream,
`
`New York
`
`11581
`
`Dear
`
`Mortgagors:
`
`On
`December
`Foreclosure
`
`2020,
`
`Act
`
`28,
`Prevention
`to provide
`party
`foreclosing
`action
`against
`a foreclosure
`then
`Declaration
`foreclosure
`no
`A
`of
`the
`new
`2021.
`copy
`http://www.nycourts.gov/covid-eefpa.shtml.
`
`Governor
`of 2020
`you with
`you.
`
`If
`action
`law
`
`the
`
`Cuomo
`(L.
`2020,
`a Hardship
`you
`provide
`this
`other
`
`for
`and
`
`into
`signed
`(the
`c. 381)
`Declaration
`our
`office
`loan
`can
`be
`informational
`
`copy
`against
`
`can
`
`COVID-19
`law
`Emergency
`other
`"Act").
`Among
`things,
`language
`in your
`primary
`a signed
`of
`with
`commenced
`you
`materials
`
`Eviction
`Act
`requires
`the
`to commencing
`prior
`enclosed
`the
`Hardship
`until
`at
`May
`found
`
`and
`
`a
`
`1,
`at:
`
`least
`online
`
`be
`
`please
`
`find
`
`Declaration
`contact
`
`English
`
`and
`
`Spanish.
`and
`our
`
`nor
`you
`
`Enclosed
`your
`is
`appropriate
`
`the Hardship
`please
`language,
`primary
`translation
`the
`
`of
`
`Hardship
`
`in both
`our
`office
`Declaration.
`
`immediately
`
`If neither
`will
`office
`
`English
`provide
`
`Spanish
`with
`the
`
`the
`review
`Please
`to sign
`the Hardship
`mail
`to the
`below
`this
`correspondence.
`
`notification
`enclosed
`Declaration
`address
`
`mailing
`
`and
`
`truthfully,
`or e-mail
`
`Hardship
`please
`address.
`
`Declaration
`sign
`and
`return
`contact
`Please
`
`and,
`the
`our
`
`if
`
`it
`
`applies
`
`Hardship
`office
`
`with
`
`and
`
`to you
`Declaration
`questions
`
`any
`
`you
`able
`are
`or e-
`by mail
`regarding
`
`Suite
`
`208,
`
`Old
`
`Brookville,
`
`New York
`
`11545
`
`Mailing
`Phone:
`E-Mail:
`
`Head
`333 Glen
`Address:
`246-5577
`(available
`(516)
`info@frankfirmpc.com
`
`Road,
`24/7)
`
`Respectfully,
`
`The
`
`Frank
`
`Law Firm
`
`P.C.
`
`Enclosures
`
`(Hardship
`
`Declaration
`
`in English
`
`and
`
`Spanish)
`
`333 Glen Head Road, Suite 208, Old Brookville, New York 11545 | Office:
`
`(516) 246-5577
`
`| Fax:
`
`(516) 246-5597
`
`19
`
`of
`
`64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 09:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`Index Number (if known/applicable):
`
`County and Court (if known/applicable):
`
`NOTICE TO MORTGAGOR:
`
`If you have lost incomeor had increased costs during the COVID-19 pandemic,
`and you sign and deliver this hardship declaration form to your mortgage lender or
`other foreclosing party, you cannot be foreclosed on until at least May 1, 2021. If
`your mortgage lender or other foreclosing party provided you with this form, the
`mortgage lender or other foreclosing party must also provide you with a mailing
`address and e-mail address to which you can return this form. If you are already in
`foreclosure proceedings, you may return this form to the court. You should keep a
`copy or picture of the signed form for your records. You will still owe any unpaid
`mortgage payments and lawful fees to your lender. You should also keep careful
`track of what you have paid and any amount youstill owe.
`
`MORTGAGOR’S DECLARATION OF
`
`COVID-19-RELATED HARDSHIP
`
`I am the mortgagor of the property at (address of dwelling unit):
`
`Including my primary residence, I own, whetherdirectly or indirectly, ten or fewer
`residential dwelling units. I am experiencing financial hardship, and I am unable to
`pay my mortgage in full because of one or moreof the following:
`
`1. Significant loss of household income during the COVID-19 pandemic.
`
`2. Increase in necessary out-of-pocket expensesrelated to performing essential
`workorrelated to health impacts during the COVID-19 pandemic.
`
`20 of 64
`20 of 64
`
`

`

`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`FILED: NASSAU COUNTY CLERK 02/10/2024 05:49 BM
`FILED: NASSAU COUNTY CLERK 12/10/2021 09:19 AM
`NYSCEF DOC. NO. 78
`NYSCEF DOC. NO.
`178
`NYSCEF DOC. NO. 1
`
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`INDEX NO. 615498/2021
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 02/10/2024
`RECEIVED NYSCEF: 12/10/2021
`
`3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or
`sick family member during the COVID-19 pandemic have negatively affected
`my ability or the ability of someone in my household to obtain meaningful
`employmentor earn incomeor increased my necessary out-of-pocket expenses.
`
`4. Moving expensesand difficulty I have securing alternative housing makeit a
`hardship for meto relocate to another residence during the COVID-19 pandemic.
`
`5. Other circumstancesrelated to the COVID-19 pandemic have negatively affected
`myability to obtain meaningful employmentor earn incomeorhavesignificantly
`reduced my household incomeorsignificantly increased my expenses.
`
`6. One or more of my tenants has defaulted on a significant amountof their rent
`payments since March 1, 2020.
`
`To the extent I have lost household incomeor had increased expenses, any public
`assistance, including unemployment insurance, pandemic unemploymentassistance,
`disability insurance, or paid family leave, that I have received since the start of the
`COVID-19 pandemic does not fully make up for my loss of household income or
`increased expenses.
`
`I understand that I must comply with all other lawful terms under my mortgage
`agreement. I further understand that lawful fees, penalties or interest for not having
`paid my mortgagein full as required by my mortgage agreement maystill be charged
`or collected and mayresult in a monetary judgmentagainst me. I also understand
`that my mortgage lender or other foreclosing party may pursue a foreclosure action
`against me on or after May 1, 2021, if I do not fully repay any missed or partial
`payments and lawful fees.
`
`Signed:
`
`Printed name:
`
`Date signed:
`
`NOTICE: You are signing and submitting this form under penalty of law. That
`meansit is against the law to make a statement on this form that you know is false.
`
`21 of 64
`21 of 64
`
`

`

`A
`12/10/2021
`CLERK
`COUNTY
`NASSAU
`O 9 : 19
`FILED:
`FILED: NASSAU COUNTY CLERK 04/17/2024 05:47 PM
`1
`NYSCEF
`DOC.
`NO.
`NYSCEF DOC. NO. 78
`
`of New
`
`615 498/2021
`INDEX
`NO.
`INDEX NO. 615498/2021
`RECEIVED
`12/10/2021
`NYSCEF:
`RECEIVED NYSCEF: 04/17/2024
`
`Court
`
`Número
`
`de
`
`índice
`
`(si
`
`se conoce/si
`
`es aplicable):
`
`Condado
`
`y Tribunal
`
`(si
`
`se conoce/si
`
`es aplicable):
`
`AVISO
`
`AL DEUD OR HIPOTECARIO:
`
`Si
`
`ha
`
`perdido
`
`ingresos
`
`o
`
`han
`
`aumentado
`
`sus
`
`gastos
`
`durante
`
`la
`
`pandemia
`
`de
`
`este
`
`formulario
`
`de declaración
`
`de adversidad
`
`a su acreedor
`
`COVID-19
`
`hipotecario
`
`y firma
`o a o