FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`----------------------------------------------------------------X
`U.S. BANK TRUST NATIONAL
`CERTIFICATE OF MERIT
`ASSOCIATION, NOT IN ITS INDIVIDUAL
`PURSUANT TO CPLR 3012-B
`CAPACITY BUT SOLELY AS COLLATERAL
`TRUST TRUSTEE OF FIRSTKEY MASTER
`FUNDING 2021-A COLLATERAL TRUST
`
`Plaintiff,
`
`
`
`
`
`INDEX #:
`
`MORTGAGED PREMISES:
`149-37 256th Street
`Rosedale, NY 11422
`
`
`
`
`vs
`
`DOMINIC NUNU, DANNY J. SUMO,
`14937256 CORP., NEW YORK CITY
`DEPARTMENT OF FINANCE, NEW YORK
`STATE DEPARTMENT OF TAXATION AND
`FINANCE, GUSTAVIA HOME, LLC, LUIS
`AMAYA, IAN RAMSAY, DIDI AUTO
`REPAIRS INC, IAN RAMSAY D/B/A DIDI
`AUTO REPAIRS INC, NEW YORK CITY
`ENVIRONMENTAL CONTROL BOARD,
`NEW YORK CITY PARKING VIOLATIONS
`BUREAU
`
`JOHN DOE (Those unknown tenants, occupants,
`persons or corporations or their heirs,
`distributees, executors, administrators, trustees,
`guardians, assignees, creditors or successors
`claiming an interest in the mortgaged premises.)
`
`Defendant(s).
`----------------------------------------------------------------X
`1. I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with the law firm
`of Gross Polowy LLC, attorney for Plaintiff in this action.
`
`2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and
`Proceedings Law §1304.
`
`
`3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, 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.
`Pertinent documents reviewed are attached hereto as Exhibit A.
`
`
`4. I have consulted about the facts of this case with the following representatives of Plaintiff:
`
`
`Name
`
`Alyssa Sanders
`
`
`Title
`
`Foreclosure Specialist
`
`1 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify 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.
`
`
`6. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22
`NYCRR Part 130.
`
`
`Dated: September 15, 2023
`
`
`
`
`
`/s/ Douglas C. Weinert
`Douglas C Weinert, Esq.
`
`2 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`Note
`
`Mortgage
`
`CERTIFICATE OF MERIT
`PURSUANT TO CPLR 3012-b
`Exhibit A
`
`In support of the foregoing Certificate of Merit, attached hereto are:
`
`_x_
`
`_x_
`
`_x_
`
`_x_
`
`Assignment
`
`CEMA/Loan Modification
`
`3 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`(LIBOR
`
`One-Year
`
`FIXED/ADJUSTABLE
`(As
`Published
`Index
`
`RATE
`The %/|Street
`
`NOTE
`Journab-Rate
`
`in
`
`Caps)
`
`Lonn Number
`
`FOR
`PROVIDES
`RATE.
`INTEREST
`RATE CAN CHANGE
`
`IN MY FIXED
`INTEREST
`A CHANCE
`THE AMOUNT
`LIMITS
`THIS NOTE
`AT ANY ONE TIME
`AND THE MAXIMUM
`
`MIN
`R
`MY ADJUSTABLE
`RATE
`I MUST
`
`NOTE
`TIIIS
`ADJUSTABLE
`INTl'REST
`PAY.
`
`August 6, 2007
`[Date)
`
`Garden City
`/City)
`
`NewYork
`[Sure]
`
`249-37 256th Street, Resedale, NY 11422
`[Pnsperty Address)
`
`i.
`
`TO PAV
`BORROWER'S
`PROMISE
`In æturn for a loan that 1 have received, 1 promise to pay U.S. $482,400.00
`Lender
`Bank
`to the order of Lender.
`is AmTrust
`interest,
`this Note in the forttt of cash, check or money order.
`1will make all payments under
`Lender or anyone who takes this Note by transfer and who is
`this Note.
`1 understand that Lender may transfer
`Holder."
`entitled to receive payments under this Note is called the"Note
`
`(this amount
`
`is called "Principal"},
`
`plus
`
`2.
`
`INTEREST
`I will pay interest at a
`has been paid.
`the full amount of Principal
`Interest will be charged on unpaid principal
`until
`rate I will pay may change in accordance with Section 4 of this Note.
`yearly rate of 6.875% The interest
`this Note is the rate [ will pay both before and aher any
`rate required by this Section 2 and Section 4 of
`The imerest
`this Note.
`default described in Section 7(B) of
`
`3.
`
`PAYMENTS
`Time mud Pince of Payments
`(A)
`1 will pay principal
`and interest by making a payment every month.
`I will make these
`2007.
`on September,
`payments on the first day of cach month beginning
`1 will make my monthly
`and itaterest and any other charges described below that I may owe
`the principal
`payments every month until 1 have paid all of
`its scheduled due date and will
`be applied to interest before
`payment will be applied as of
`this Note. Each monthly
`under
`I will pay those amounts in full on that date, which is
`I still owe amounts under
`Principal.
`this Note,
`If, on August
`1, 2037,
`Date."
`called the -Maturity
`I will make my monthly
`required by the Note Holder.
`Payments
`of My Initial Monthly
`Amount
`(B)
`Each of my initial monthly payments will be in the amoung of U.S. $3,l 69.02. This amount may change.
`Payment Changes
`(C)
`Monthly
`of my loan and in the interest
`ratethat
`reflect changes in the unpaid principal
`paymem will
`Changes in my monthly
`rate and the changed amount of my monthly
`determine my new interest
`payment
`must pay.
`The Note Holder will
`accordance with Section 4 of
`this Note,
`
`payments
`
`at P.0 Box 790376, St. Louis, MO 63179-0376
`
`or at a different
`
`place if
`
`I
`in
`
`4.
`
`RATE AND MONTHLY
`
`PAYMENT
`
`CHANGES
`
`INTEREST
`ADJUSTABLE
`Change Dates
`(A)
`rate on the first day of
`interest
`change to an adjustable
`rate I will
`initial
`pay will
`The
`thed
`interest
`rate I will pay may change on that day every 12th month therealler.
`2012, and the adjustable
`The date on
`interest
`August,
`rate, and each date on which my adjustable interest
`rate
`rate changes to an adjustable interest
`fixed interest
`which my initial
`is called a "Change Date."
`could change.
`
`Multislate Fixed/AdjusembleRageNote-WS.I Onester UBOR---Sinsic l¾mily-Fannie Mae tJaircrm Imermineng
`l'age I pr-8
`-Tur Cour tJANCESOURCE.INC.-
`wwwoonnkmcewmescem
`
`rarrn 35254/01
`2mnIU GM
`c:Um.Thereepbuses
`
`4 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`choose a new index
`
`that
`
`is based upon comparable
`
`The index
`(B)
`The "Index"
`Beginning with the first Change Date, my adjustable interest
`is the
`rate wW be based on an lndex.
`deposits
`rates for one-year U.S. dollar-denominated
`in the London market
`as
`interbank
`offered
`average of
`("LIBOR"),
`published in The Wan Street Journal.
`The most recent
`Index figure available as of
`the date 45 days before each Change Date
`Index."
`is called the "Current
`the Note Holder will
`is no longer
`If
`the index
`available,
`The Note Holder will give me notice of this choice.
`information.
`Calculation
`of Changes
`(C)
`rate by adding
`Before each Change Date,
`the Note Holder will calculate my new interest
`then round the result of
`Two and 750/1000ths
`to the Current
`Index. The Note Holder will
`percentage points (2.750%)
`(0.125%).
`of one percentage point
`Subject
`to the limits
`stated in Section 4(D) below,
`addition
`to the nearest one-eighth
`rounded amount will be my new interest
`rate until
`the next Change Date.
`be sufficient
`payment
`The Note Holder will
`that would
`then determine
`the amount of
`the monthly
`to repay the
`Date at my new interest
`I am expected to owe at
`the Change Date in full on the Maturity
`rate in
`unpaid principal
`that
`The result ofthis
`calculation w)
`be the new amount ofmy monthly
`equal payments.
`payment.
`substantially
`Limits
`on Interest Rate Changes
`(D)
`than 12.875% or less than 2.75.0%,
`rate I am required to pay at the Grst Change Date will not be greater
`The interest
`rate wW never be increased or decreased on any single Change Date by more than two
`Thereafter, my adjustable
`interest
`rate will never be
`percentage points from the rate of
`I have been paying for
`the preceding
`12 months. My interest
`interest
`greater
`than 12.875%.
`Effective Date of Changes
`(E)
`I will
`on each Change Date.
`My new interest
`rate will
`become effective
`on the first monthly
`payment date after
`the Change Date until
`payment
`beginning
`changes again.
`Notice of Changes
`(F)
`The Note Holder will deliver or mail
`rate to an adjustable
`to me a notice of any changes in my initial Exed interest
`rate before the effective date of any change. The notice will
`include
`rate and of any changes in my adjustable imerest
`interest
`the amount of my monthly
`required by law to be given to me and also the title and telephone
`any information
`payment,
`number of a person who will answer any question I may have regarding the notice.
`
`this
`this
`
`pay the amount of my new monthly
`the amount of my monthly
`payment
`
`5.
`TO PREPAY
`RIGHT
`BORROWER'S
`at any time before they are due. A payment of Principal
`to rnake payments of Principal
`I have the right
`only is
`known as a "Prepayment." When 1 make a Prepayment.
`tell
`that
`[ will
`the Note Holder
`in writing
`[ am doing so.
`I may not
`designate a payment as a Prepayrnent
`ifI have not made aH the monthly payments due under
`this Note.
`I may make a full Prepayment or partial Prepayments without paying any Prepayment
`charge. The Note Holder will
`the Note Holder may apply iny
`that
`I owe under
`to reduce the amount of Principal
`this Note. However,
`use rny Prepayments
`to the accrued and unpaid interest on the Prepayment
`amount before applying my Prepayment
`Prepayment
`to reduce the
`amount of
`there will be no changes in the due dates of my monthly
`Principal
`Ihis Note.
`If 1 make a partial Prepayrnent,
`payments unless the Note Holder agrees in writing
`to those changes. My partial Prepayment may reduce the arnount of my
`payments after
`the first Change Date following my partial Prepayment.
`any reduction due to my partial
`However,
`monthly
`Prepayment may be offset by an interest
`rate increase.
`
`6.
`
`LOAN CHARGES
`is finaNy interpreted so that
`If a law, which applies to this loan and which sets maximum loan charges,
`the interest or
`in connection with this loan exceed the permitted
`or to be collected
`(a) any such
`loan charges collected
`then:
`other
`limits,
`loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
`limit; and (b) any sums already
`limits wW be refunded to me. The Note Holder may choose to make this refund
`coffected from rne that exceeded permitted
`this Note or by making a direct payment
`to me.
`If a refund reduces Principal,
`I owe under
`by reducing the Principal
`the
`reduction will be treated as a partial Prepayment.
`
`7.
`
`TO PAY AS REQUIRED
`FAILURE
`BORROWER'S
`Payments
`Late Charges
`for Overdue
`(A)
`payment by the end of 15 calendar days after
`[f
`the Note Holder has not received the full amount of any monthly
`the
`I will pay a fate charge to the Note Holdet
`The amount of
`the charge will be 2.000% of my overdue payment
`date it
`is due,
`of principal and interest,
`I will pay this late charge promptly
`but only once on cach late payment.
`
`Muhistate Fixed/Adjustable RageNote-WS.I One-Year LtBOR-Single Family-Fannie Mae Uniform Instnimeng
`-TirECOMPI,lANcESOURCE, INC.-
`Page2 of4
`
`wwwcomplamcesourcecom
`
`Form3428 6101
`22727Milonel
`O200ITheComphancesomce,inc
`
`5 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`I will be in defauh.
`
`Default
`(B)
`I f I do not pay the full amount of each monthly payment on the date it is due,
`Notice of Default
`(C)
`I am in default,
`the Note Holder may send me a written notice telling me that
`If
`I do not pay the overdue amount
`if
`by a certain date,
`the Note Holder may require me to pay immediately
`the fuH amount of Principal
`that has not been paid and
`the interest
`I owe on that amount
`all
`that
`That date must be at least 30 days aher
`the date on which the notice is mailed to
`me or delivered by other means.
`No Waiver
`By Note Holder
`(D)
`Even if. at a time when I am in default,
`the Note Holder does not require me to pay immediately
`the Note Holder will still have the right
`to do so if
`I am in default at a later time.
`Payment
`of Note Holder's Costs sad Expenses
`(E)
`If
`the Note Holder has required me to pay immediately
`in full as described
`the Note Holder will have the
`above,
`to be paid back by me for all of ks costs and ex penses in enforcing
`this Note to the extent not prohibited
`right
`by applicable
`reasonable attorneys'
`law. Those expenses include,
`for example,
`fees.
`
`above,
`
`in full as described
`
`8.
`
`OF NOTICES
`CIVING
`law requires a different me1hod, any notice that must be given to me under this Note wilt be given
`Unless applicable
`to me at the Property Address above or at a different
`it or by mailing
`it by first class mail
`address if
`I give the
`by delivering
`Note Holder a notice of my different
`address.
`Unless the Note Holder
`requires a different method, any notice that must be given to the Note Holder under
`this
`to the Note Holder at the address stated in Section 3(A) above or at a
`it by first elass mail
`Note will be given by mailing
`that different
`address.
`different
`address if
`I am given a notice of
`
`9.
`
`OF PERSO NS U N DER TifIS NOTE
`OBLIGATIONS
`.obligated to keep all of
`If more than one person signs this Note, each person is fully and personally
`the promises
`the promise to pay the full amount owed, Any person who is a guarantor.
`surety or endorser of
`made in this Note,
`including
`Any person who takes over
`this Note is also obligated
`these obligations.
`the obligations
`of a
`to do these things.
`including
`this Note,
`the pmmises made in this Note.
`is also obligated
`to keep all of
`The Note Holder
`surety or endorser of
`guarantor,
`or against all of us together.
`this Note against each person individually
`may enforce its rights under
`This means that any one
`the amounts owed under this Note.
`of us may be required to pay all of
`
`10.
`WAlVERS
`under this Note waive the rights of Presentment and Nodce of Dishonor.
`I and any other person who has obligations
`of Dishonor"
`"Presentment" means the right
`"Notice
`to dernand payment of amounts due.
`to require the Note Holder
`means
`to require the Note Holder
`to give notice to other persons that amounts due have not been paid.
`the right
`
`I L
`
`SECURED
`NOTE
`UNIFORM
`In addition to the protections given
`in some jurisdictions.
`This Note is a uniform instrumem wjth limited variations
`dated the same
`this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security
`to the Note Holder under
`Instrument"),
`if
`from possible losses that might
`l do not keep the promises that
`date as this Note, protects the Note Holder
`result
`I make in
`Jnstrument describes how and under what conditions
`I may be required to make immediate payment
`this Note. That Security
`read as follows:
`those conditions
`in full of all amounts I owe under this Note, Some of
`Until my initial
`fixed interest
`rate changes to an adjustable interest
`(A)
`18 ofthe Security
`Instrument
`shalt read as follows:
`above, Uniform Covenant
`Interest
`in Borrower.
`As used in this Section 18,
`of
`the Property
`or a Beneficini
`Transfer
`in the Property" means any legal or beneficial
`but not
`interest
`f imited
`"Interest
`in the Property,
`including,
`in a bond for deed, contract
`for deed,
`sales contract or
`installment
`those beneficial
`interests transferred
`to,
`at a future datelo a purchaser.
`the intent of which is the transfer of title by Borrower
`escrow agreement,
`If all or any part of
`(or
`or any Interest
`in the Property
`transferred
`is sold or
`if
`the Property
`is not a natural
`person and a beneficial
`Borrower
`in Borrower
`is sold or
`interest
`transferred) without
`Lender's prior written
`consent, Lender may require immediate
`in full of a11sums secured by this
`payment
`this option shall not be exercised by Lender
`if such exercise is prohibited
`Instrument.
`However,
`Security
`by Applicable
`Law.
`Lender shall give Borrower
`notice of acceleration.
`If Leader exerciscs
`The notice
`this option,
`shall provide a period of not
`less than 30 days from the date the notice is given in accordance with Section
`15 within which Borrower must pay all sums secured by this Security
`Instrument.
`If Borrower
`fails to pay
`
`rate under
`
`the terms stated in Section 4
`
`Multistate Fixed/Adjmitabic Rate Non-‚SJ
`souRCE.INC,--
`-Tuscommscs
`wwwcompliåncesowet.com
`
`One-Year I ÖÌt---SHgle Family-Fannie Mne Uniform instrument
`Page3 of 4
`
`Farm 52S 641
`unum nams
`020DLhaCan@uceRosce,Inc
`
`6 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`invoke
`
`any remedies
`
`permitted
`
`by this
`
`these sums prior
`of
`to the expiration
`Lender
`this period,
`inay
`Instrument without
`further notice or demand on Borrower.
`Security
`When my initial
`rate under
`fixed interest
`rate changes to an adjustable interest
`(B)
`above, Uniform Covenant
`18 of the Security
`Instrument described in Section I l(A) above shall
`Uniform Covenant
`I8 of
`shall
`instead read as follows:
`Instrument
`the Security
`As used in this Section 18,
`the Property
`or a Beneñcial
`interest
`in Barrower.
`Transfer
`of
`in the Property" means any legal or beneficial
`"Interest
`in the Property,
`limited
`but not
`interest
`including,
`those beneficial
`in a bond for deed, contract
`for deed,
`interests transferred
`instajiment
`sales contract or
`to,
`escrow agreement,
`the intent of which is the transfer of title by Borrower at a future date to a purchaser.
`If all or any part of
`or any Interest
`is sold or
`the Property
`if
`in the Property
`transferred
`(or
`Borrower
`is not a natural
`in Bonower
`person and a beneficial
`is sold or
`interest
`transferred) without
`in full of all surns secured by this
`prior written consent, Lender may require imrnediate payment
`Lender's
`Instrument.
`this option shall not be exercised by Lender
`if such exercise is prohibited
`However,
`Security
`Lender also shah not exetdse this opdon if:
`(a) Borrower
`Law.
`by Applicable
`causes to be submitted
`to
`by Lender
`to evaluate the intended transferee as if a new loan were being
`Lender
`required
`information
`made to the transferee; and (b) Lender
`reasonably detennines
`that Leader's
`security will not be impaired by
`the loan assumption
`and that
`the risk of a breach of any covenant or agreement
`Instrument
`in this Security
`is acceptable to Lender.
`To the extent permitted
`Law, Lender may charge a reasonable fee as a condition to
`by Applicable
`Leader's
`to the loan assumption.
`Lender also may require the transferee to sign an assumption
`consent
`to keep all
`the transferee
`the promises and
`agreement
`that
`is acceptable
`to Lender and that obligates
`Instmment.
`Borrower will continue to be obligated
`agreements made in the Note and in this Security
`under
`instrument
`the Note and this Security
`releases Borrower
`in writing.
`unless Lender
`in full. Lender shall give Borrower
`If Lender exercises the option to require immediate
`payment
`The notice shall provide a period of not
`less than 30 days from the date the notice is
`notice of acceleration.
`15 within which Bonower must pay all sums secured by this Security
`given in accordance with Section
`to the expiration
`of
`instrument.
`If Borrower
`fails to pay these sums prior
`this period, Lender may invoke
`Instrumem without
`further notice or demand on Borrower.
`any remedies permitted by this Security
`
`the terrns stated in Section 4
`then cease to be in effect, and
`
`WFFNESS THE HAND(S)
`
`AND SEAL(S) OF THE UNDERSIGNED.
`
`minic
`
`unu
`
`Dann,
`
`J. Sum
`
`\
`
`(Seal)
`amowr
`
`(Seal)
`-Horrower
`
`(Seal)
`wrmwr
`
`(Seal)
`earrower
`
`GMo
`Cleveland,
`PAï TO THE ORDER OF
`
`.
`
`. .
`
`JSign Origimd Only)
`
`Without
`
`Recourse
`AmTrust
`FKA a
`
`Bank
`BanK
`ving
`
`BY:
`
`Angel
`Authorized
`
`H
`
`n
`
`Multistate medMd justable Rate Note-WSJ OneWear LlHOR-Single Family-Fannie Mae Uniform Insgrument
`-THE Co3wuANCE SOURC&INC.-
`Page-I of 4
`wwwmmphmesemce.com
`
`Form 35286/01
`Hmsm nami
`east. W Comohnnceice,Inc
`
`7 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`NYC DEPARTMENT
`OF THE CITY
`OFFICE
`
`OF FINANCE
`REGISTER
`
`'1he City
`This page is part of the instrument.
`provided
`Register will
`rely on the infounation
`by you on this page for purposes of
`indexing
`The infonnation
`this instmment.
`on this page
`purposes in the event
`will control
`for
`indexing
`of any connict with the rest of
`the document.
`
`AND ENDORSEMENT
`Date:08-06-2007
`Document
`
`COVER
`
`PAGE
`
`Preparation
`
`PAGE 1 OF 25
`Date:08-10-2007
`
`RECORDING
`2007081000486002
`ID:
`Type: MORTGAGE
`Page Count:
`23
`
`Document
`Document
`Document
`PRESENTER:
`MAHOGANY
`CORP.
`ABSTRACT
`FOR COMMONWEALTH
`AS AGENT
`TITLE
`INSURANCE
`CO.
`42 ALBANY
`AVENUE
`NY 11213
`BROOKLYN,
`718-701-3011
`
`LAND
`
`RETURN
`TO:
`BANK
`AMTRUST
`AVENUE
`1111 CHESTER
`OH 44114
`CLEVELAND,
`
`Borough
`QUEENS
`
`Block
`13677
`Type:
`
`Lot
`27
`Entire
`DWELLING
`
`Lot
`ONLY
`
`Property
`
`DATA
`PROPERTY
`Unit
`Address
`149-37
`- 2 FAMILY
`
`256TH
`
`STREET
`
`CRFN__
`
`or Document
`
`ID
`
`CROSS
`or
`
`REFERENCE
`Year
`
`DATA
`Reel _ Page
`
`or
`
`File Number
`
`MORTGAGOR/BORROWER:
`DANNY
`J. SUMO
`532 LAGUARDIA
`NEW YORK,
`
`PLACE
`NY 10012
`
`x Additional
`
`Parties
`
`Listed
`
`on Continuation
`
`Page
`
`PARTIES
`MORTGAGEFJLENDER:
`MORTGAGE
`ELECTRONIC
`INC.
`SYSTEMS,
`P.O. BOX 2026
`MI
`48501-2026
`FLINT,
`
`REGISTRATION
`
`Mortgage
`Amount:
`Mortgage
`Taxable Mortgage
`Exemption:
`TAXES:
`
`Amount:
`
`(B_asic):
`County
`City (Additionan:
`Spec
`Additional):_
`TASF:
`MTA:
`NYCTA:
`Additional
`MRT:
`TOTAL:
`Fee: _
`Fee:
`
`__ _
`
`Recording
`Affidavit
`
`FEES
`
`AND TAXES
`Fee:
`Filing
`
`S
`$
`
`$
`$
`$
`S
`$
`$
`$
`$
`$
`S
`
`482,400.00_
`482,400.00___
`
`__2,412.00
`5,427.00
`0.00
`1,206.00
`1,417.20
`0.00
`0.00
`10,462.20
`152.00
`0.00
`
`0.00
`
`0.00
`
`NYC Real Property
`
`Transfer
`
`NYS Real Estate Transfer
`
`S
`Tax:
`S
`Tax:
`S
`0.00
`RECORDED
`IN THE OFFICE
`OR FILED
`F THE CITY
`OF THE
`REGISTER
`OF NEW YORK
`.
`CITY
`08-16-2007 10:52
`Recorded/Filed
`City Register File No.(CRFN):
`2007000424161
`
`__
`
`.
`
`8 of 65
`
`City
`
`Re gister
`
`0[²cial
`
`Signature
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`NYC DEPARTMENT
`OF THE CITY
`OFFICE
`
`OF FINANCE
`RECISTER
`
`2007081000486002001CE89E
`AND ENDORSEMENT
`_COVER
`PAGE
`Document
`Date:08-06-2007
`
`(CONTINUATION)
`Preparation
`
`2 OF 25
`PAGE
`Date: 08-10-2007
`
`.
`
`.
`
`.
`
`.
`
`Document
`Document
`
`RECORDING
`2007081000486002
`ID:
`Type: MORTGAGE
`
`PARTIES
`MORTGAGOR/BORROWER:
`DOMINIC
`NUNU
`532 LAGUARDIA
`NEW YORK,
`NY
`
`PLACE
`10012
`
`9 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`After
`
`recording
`
`please return
`
`to:
`
`Bank Attn: Document Control
`AmTrust
`(Company Name)
`
`(Name of NatrarafPersorsf
`
`1111 Chester Ave
`(street Address)
`
`Cleveland, OH 44314
`[City. State Zip Coae)
`
`[Space Above This Lkre For Recording Deta)
`
`Loan
`
`MORTGAGE
`
`6, 2007,
`
`together with all Riders to this
`
`Place, New York,
`
`EN THIS DOCUMENT
`WORDS USED OliTEN
`Instrument."
`This docurnent, which is dated August
`(A)
`"Security
`Instrument."
`document, will be called the "Security
`"Borrower."
`Dominic
`J. Sumo, whose address is 532 Laguardia
`and Danny
`Nunu
`(B)
`and sometimes simply "f" or"me."
`NY 10012 sometirnes will be called "Borrower"
`"MERS"
`is Mortgage Electronic Registration Systems,
`Ine- MERS is a separate corporation
`is acting
`that
`(C)
`solely as a nominee
`for Lender and Lender's
`successors and assigns. MERS is organized
`under
`the
`and existing
`of' P.O. Box
`laws
`of Delaware,
`and has an address
`number
`and telephone
`Flint. MI
`2026,
`48501-2026,
`tel.
`679-MERS.
`FOR
`OF RECORDING
`THIS
`MERS
`IS THE
`(888)
`PURPOSES
`MORTGAGE,
`MORTG AGEE OF RECORD.
`"Lender"
`is a Federal Savings Bank organized
`is Am(cid:2)rust
`under the laws of
`and existing
`Lender
`Bank,
`(D)
`The United States ofAmerica.
`OH 44114.
`Lender's
`address is 1801 East Ninth Street Suite 200, Cleveland,
`6, 2007, wilt be called the "Note."
`"Note."
`and dated August
`The note signed by Borrower
`Ttle Note
`(E)
`Two Thousand
`shows that 1 owe Lender
`Four Hundred
`Four Hundred
`and 00/I00ths
`Dollars
`(U.S.
`Eighty
`plus interest and other amounts
`that may be payable.
`1 have promised
`in Periodic
`to pay this debt
`5482,400.09)
`Paymenis and to pay the debt
`in full by August
`1,2037.
`" The property
`is described below in the section titled "Description
`that
`(F)
`"Property
`be called the "Property."
`The "Loan" means the debt evidenced by the Note, plus interest, any prepaymerit
`"Loan."
`(G)
`charges due under
`the Note, and all sums due under this Security Instrument,
`plus interest.
`"Sums Secttred."
`The amounts described below in the section titled "Borrower's
`(H)
`Rights in the Property"
`sometimes witl be called the "Sums Secured."
`
`of
`
`the Property," will
`
`charges and late
`
`Transfer
`
`to Lender of
`
`NewYork Moregage.SingleFamily-FannieMne/Freddie Mac UNIFORM INSTRUMENT
`-TrsE COMFE.rANCESOURCE.INC.-
`Pa e 3 of
`comphamencincecomu
`
`MERS Modined Form 3033 01/91
`M30frry a angan pean
`O2000.TheFemuWamceSmwfe.isc
`4377548
`
`10 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`MAHOGANY
`
`Commonwealth
`
`ABSTRACT
`for
`as Agent
`Title
`Insurance
`Land
`
`CORP.
`
`Company
`
`SCHEDULE
`
`A (Description)
`
`Title Number.
`
`that
`All
`certain
`of Queens,
`
`City
`
`piece
`plot,
`and State
`
`or parcel
`of
`of New York,
`
`in the Borough
`and being
`situate,
`land,
`lying
`and described
`as follows:
`bounded
`
`and County
`
`BEGINNING
`forrned
`corner
`149th
`Road
`No.
`170 of
`
`on the Easterly
`at a point
`of 256th
`side
`Street,
`of
`side
`by the intersection
`(256th
`of
`the Easterly
`on the Tentative
`as said Street
`and Road
`are shown
`of New York
`the City
`the Borough
`for
`of Queens;
`
`distant
`Street
`portion
`
`from the
`121 feet Southerly
`side
`the Southerly
`with
`of
`the Final
`Section
`
`of)
`Map
`
`RUNNING
`
`THENCE
`
`Easterly
`
`at
`
`right
`
`angles
`
`to the Easterly
`
`side of 256th
`
`Street,
`
`100 feet;
`
`THENCE
`
`Southerly
`
`parallel
`
`with
`
`the Easterly
`
`side
`
`of 256th
`
`Street,
`
`29 feet
`
`9 inches;
`
`THENCE
`through
`
`Westerly
`a party
`wall,
`
`at
`right
`100 feet
`
`to the Easterly
`angles
`to the Easterly
`side
`
`side
`of 256th
`
`of 256th
`
`Street,
`
`and
`
`part
`
`of
`
`the
`
`distance
`
`Street;
`
`THENCE
`Northerly
`of BEGINNING.
`
`along
`
`the Easterly
`
`side
`
`of 256th
`
`Street,
`
`29 feet
`
`9 inches
`
`to the point
`
`or place
`
`FOR CONVEYANCING
`ONLY:
`TOGETHER
`the right,
`with
`all
`title
`the above
`and roads abutting
`streets
`
`if any of
`and interest,
`premises.
`described
`
`the party
`
`of
`
`the first
`
`part,
`
`of,
`
`in and to the any
`
`Premises
`
`commonly
`
`known
`
`as 149-37
`
`256th Street, Section
`
`Block
`
`13677
`
`and Lot 27.
`
`Schedule
`
`A Page 2 of 2
`
`11 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`(1)
`"Riders."
`
`"Riders."
`that are signed by Borrower
`Instrument
`All Riders attached to this Security
`[check box as applicaMe]:
`Riders are to be signed by Barrower
`The following
`O Second Home Rider
`¡
`Condominium Rider
`O Biweekly Payment Rider
`O Planned Unit Development Rider
`O Revocable Trust Rider
`
`will
`
`be called
`
`Adjustable Rate Rider
`O Balloon Rider
`1-4 Family Rider
`O Other(s)
`fspecrfy)
`Law " All controlling
`"Applicable
`applicable
`(J)
`rules and orders (that have the effect of
`administrative
`Law."
`opinions will be called "Applicable
`
`ordinances and
`federal, state and local statutes,
`regulations,
`judicial
`law) as well as all applicable
`final, non-appealable,
`
`(M)
`
`Dues, Fees, and Assessments."
`fees, assessments and other charges
`Association
`All dues,
`(K)
`"Community
`that are imposed on Borrower
`by a condominium
`or the Property
`homeowners
`association
`or similar
`association,
`Association Dues, Fees, and Assessments."
`organization will be called "Community
`Funds Transfer" means any transfer of money, other
`Funds Transfer."
`"Electronic
`than by
`"Electronic
`(L)
`check, draft, or similar
`an electronic
`paper
`is initiated
`through
`telephonic
`instrument, which
`instrument,
`terminal,
`institution
`to debit or credit an account.
`computer, or magnetic
`tape so as to order,
`instruct, or authorize a financial
`Some common
`exatnples 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),
`telier machine
`(or ATM)
`automated
`initiated
`transactions,
`transfers
`by
`telephone, wire transfers, and automated clearinghouse
`transfers
`"Escrow Items."
`Those items that are described in Section 3 will be called "Escrow Items."
`Proceeds" means any compensation,
`Proceeds.."
`"Miscellaneous
`award of
`"Miscellaneous
`(N)
`settlement,
`damages, or proceeds paid by any third party (other
`than Insurance Proceeds paid under
`the coverage described in
`the Property;
`(i) damage to, or destruction
`or other
`taking of all or any part of
`Section 5) for:
`(ii) Condemnation
`of,
`the Property;
`in lieu of Condemnation
`or sale to avoid Condemnation;
`(iii) conveyance
`or(iv) misrepresentations
`of,
`or omissions
`the value and/or
`as to,
`condition
`of
`the Property.
`A taking
`of
`the Property
`by any governmental
`by eminent domain is known as "Condemnation."
`authority
`Insurance"
`Insurance."
`"Mortgage
`"Mortgage
`(O)
`nonpayment
`of, or default on,
`the Loan.
`Payment,"
`"Periodic
`scheduled amount due for
`The regularly
`(P)
`and (ii) any amounts under Section 3 wil] be called "Periodic Payment."
`"RESPA" means the Real Estate Settlement Procedures Act
`"RESPA."
`(12 U.S.C. §2601 et seq.) and its
`(Q)
`regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any
`implementing
`or successor
`legislation
`or
`regulation
`that governs
`the same subject matter.
`As used in this Security
`additional
`"RESPA"
`refers to all
`that are imposed
`in regard to a "federally
`and restrictions
`related
`requirements
`Instrument,
`mortgage loan" even if
`related mortgage loan" under RESPA.
`the Loan does not qualify as a "federally
`
`means
`
`insurance
`
`protecting
`
`Lender
`
`against
`
`the
`
`(i) principal
`
`and interest under
`
`the Note,
`
`New York Mertgage-SingleFamily-FamnieMae/Freddie Msc UNI FORM INSTRYJMENT
`--TH ECOMPIJANCeSOURCE.IIvCc-
`Page2 of 16
`wwwcompliancesomecom
`
`MERS ModiGedForm 3D330A/01
`NJGINY08 O(Rev.95 3)
`O2000.Thecoguphancesomce.Inc.
`4377548
`
`12 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`BORROWER'S
`
`TRANSFER
`
`TO LENDER
`
`OF RIGHTS
`
`IN THE PROPERTY
`
`successors in
`for Lender and Lender's
`as nominee
`to MERS (solely
`grant and convey
`I mortgage,
`the Property
`Instrument.
`this Security
`interest) and its successors in interest subject
`This means thal, by signing
`to the terms of
`and also those
`those rights that are stated in this Security
`I am giving
`Lender
`this Security
`Instrument
`Instrument,
`rights that Applicable
`Law gives to lenders who hold mortgages on real property.
`these rights to
`I am giving Lender
`from possible losses that might
`result
`if 1 fail
`to:
`protect Lender
`
`the amounts that
`(A) Pay all
`extensions and modifications
`
`I owe Lender as stated in the Note including,
`of the Note;
`
`but not
`
`limited to, all renewals,
`
`(B) Pay, with interest, any amounts that Lender spend s under
`of
`and Lender's
`the Property
`rights in the Property; and
`
`this Security
`
`Instrument
`
`to protect
`
`the value
`
`(C) Keep all of my other promises and agreements under this Security
`1 understand and agree that MERS holds only legal
`title to the rights granted by me in this Security
`but,
`Instrument,
`if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's
`successors and assigns) has
`the right:
`
`and the Note.
`
`Instrument
`
`to exercise any or all of
`(A)
`Property; and
`
`those rights,
`
`including,
`
`but not
`
`limited
`
`to,
`
`the right
`
`to foreclose and sell
`
`the
`
`to take any action
`(B)
`Instrument
`Security
`
`required
`
`of Lender
`
`including,
`
`but not
`
`limited
`
`to,
`
`releasing
`
`and canceling
`
`this
`
`DESCRIPTION
`
`OF THE PROPERTY
`
`I give MERS (solely as nominee for Lender and Leader's
`through (G) below:
`(A)
`
`successors in interest)
`
`rights in the Property described in
`
`(A) The Property which is located at 149-37 256th Street
`(Streer]
`New York 11422
`Rosedale,
`(City 7tnenor Vtuage)
`[Zip Code)
`Queens County.
`It has the following
`legal description:
`Exhibit
`A
`
`See Attached
`
`("Property Address"):
`
`(B) All buildings
`this section;
`
`and other
`
`improvements
`
`that are tocated on the Property described
`
`in subsection (A) of
`
`the Property
`I have as owner of
`in other property
`rights
`in subsection (A) of
`described
`that
`(C) All
`section. These rights are known as "easements and appurtenances attached to the Property;"
`
`this
`
`NewYork Mertgage-SingleFamily-FaramieMac/Freddie Mac UN1FORM INSTRUMENT
`-TuE CoMPLIANCESOURCE,ENC.-
`Page3 of 16
`wwwconyliancesource.coin
`
`MERS Medified Form3033 01/01
`gasegNY08M0(Mar.05mM
`Inc.
`D2000,TheCounplian
`
`13 of 65
`
`

`

`FILED: QUEENS COUNTY CLERK 09/18/2023 12:17 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 719306/2023
`
`RECEIVED NYSCEF: 09/18/2023
`
`I have in the land which