`NYSCEF DOC. NO. 80
`
`INDEX NO. 721308/2023
`
`RECEIVED NYSCEF: 08/05/2024
`
`SUPREMECOURTOFTHESTATEOFNEWYORK
`COUNTYOFQUEENS
`
`M&T BANK SUCCESSORBY MERGERTO
`HUDSONCITY SAVINGSBANK,FSB,
`
`Plaintiff
`
`-against-
`
`Index No. 721308/2023
`AFFIRMATION OF
`JOSEREYES
`
`JOSEREYES,et al.,
`
`Defendants.
`
`this b day of
`7U2-
`JOSEREYES, hereby affirms
`, under the
`the State of New York, which may include
`under
`the laws of
`of perjury
`or
`a fine
`penalties
`this document may be filed
`in an
`is true, and understands
`the following
`imprisonment,
`that
`that
`action or proceeding in a court of law:
`Myname is Jose Reyes and I amnamed as a defendant
`
`,
`
`in this case.
`
`1.
`
`2.
`
`I write this affirmation
`
`in support of my cross-motion
`
`for summaryjudgment and
`
`in opposition
`
`to Plaintiff's
`
`motion for summaryjudgment.
`
`3.
`
`I have lived
`
`at 55-03 Van Doren Street
`
`#2A, Queens, New York 11368
`
`("Property"),
`
`since purchasing the apartment
`
`in 2006.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`("Loan").
`
`The Property
`
`is a condominium unit.
`
`I have not conveyed any ownership interest
`
`in the Property.
`
`In 2006,
`
`I borrowed
`
`$216,000.00 from GreenPoint Mortgage Funding,
`
`Inc.
`
`I obtained
`
`the Loan for personal,
`I am aware that Plaintiff
`
`family,
`
`or household purposes.
`
`has alleged in this action that
`
`I defaulted on the Loan in
`
`2017. This is inaccurate.
`
`- 1 -
`
`1 of 4
`
`
`
`FILED: QUEENS COUNTY CLERK 08/05/2024 01:44 PM
`NYSCEF DOC. NO. 80
`
`INDEX NO. 721308/2023
`
`RECEIVED NYSCEF: 08/05/2024
`
`9.
`
`10.
`
`I defaulted on the Loan in or around 2008.
`
`Based on that default,
`
`a prior
`
`foreclosure
`
`case was brought against mein 2009.
`
`I have not made a payment on the Loan at any point after
`11.
`was brought against mein 2009.
`
`the prior
`
`foreclosure
`
`case
`
`12.
`
`To the extent
`
`that Plaintiff
`
`actually
`
`alleges
`
`that any payments were made on the
`
`Loan since the 2009 case was started,
`
`those payments were not made by me.
`
`13.
`
`Additionally,
`
`I have never modified the Loan or done anything
`
`else that would reset
`
`the default
`
`date on the Loan.
`
`14.
`
`At
`
`the beginning
`
`of
`
`Servicing
`
`L.P. was the Loan's
`
`notices.
`
`Countrywide Home Loans
`the Loan, a company called
`and sent me monthly mortgage statements and other
`
`servicer
`
`in or around July 2011, Bank of America, N.A.
`Beginning
`15.
`sending memonthly mortgage statements and other notices
`BANAhas been the Loan's servicer
`
`("BANA")
`
`started
`
`related
`
`to the Loan.
`
`16.
`
`since about July 2011 and no other entities
`
`have serviced the Loan since then.
`
`17.
`
`18.
`
`I ama native Spanish-speaker.
`
`I also read and write in Spanish.
`
`I have limited English proficiency;
`
`I can understand
`
`and speak someEnglish, but I
`
`cannot hold a meaningful
`
`conversation
`
`in English.
`
`In addition,
`
`I can read and write
`
`little
`
`in
`
`English.
`
`19.
`
`BANAhas been aware of my limited
`
`English
`
`proficiency
`
`and that my native
`
`language is Spanish, since in or about July 2011.
`I ever communicate with BANAby phone,
`
`20.
`
`If
`
`I ask for and speak with Spanish-
`
`speaking representatives.
`
`- 2 -
`
`2 of 4
`
`
`
`FILED: QUEENS COUNTY CLERK 08/05/2024 01:44 PM
`NYSCEF DOC. NO. 80
`
`INDEX NO. 721308/2023
`
`RECEIVED NYSCEF: 08/05/2024
`
`I amaware that
`
`the Plaintiff
`
`21.
`
`required
`
`in this action has alleged that BANAsent menotices
`by Real Property Actions and Proceedings Law Section
`
`1304 ("90-Day Notice")
`in
`motion at NYSCEF
`
`December 2022, and I have reviewed the 1304 Notice attached to Plaintiff's
`
`Document Number 48.
`
`22.
`
`I did not receive any version of the 90-Day Notice written
`
`in Spanish.
`
`BY:
`
`JOSEREYES
`DATED: p5 O
`
`O
`
`- 3 -
`
`3 of 4
`
`
`
`FILED: QUEENS COUNTY CLERK 08/05/2024 01:44 PM
`NYSCEF DOC. NO. 80
`
`INDEX NO. 721308/2023
`
`RECEIVED NYSCEF: 08/05/2024
`
`SUPREMECOURTOFTHESTATEOFNEWYORK
`COUNTYOFQUEENS
`
`M&T BANK SUCCESSORBY MERGERTO
`HUDSONCITY SAVINGSBANK,FSB,
`
`Plaintiff
`
`-against-
`
`Index No. 721308/2023
`AFFIRMATIONOF
`INTERPRETATION
`
`JOSEREYES,et al.,
`
`Defendants.
`
`in both Spanish and English
`
`languages.
`
`this 6 day of
`, 2O) , under the
`CAO
`BRIANMOODY,hereby affinns
`the State of New York, which may include
`under the laws of
`of perjury
`a fine
`or
`penalties
`this document may be filed
`in an
`is true, and understands
`the following
`imprisonment,
`that
`that
`action or proceeding in a court of law:
`I amover the age of 18 and amnot a party to this action.
`I am fluent
`On August
`
`1.
`
`2.
`
`3.
`
`5, 2024,
`
`I
`
`read aloud the annexed affirmation
`
`to
`
`Jose Reyes by
`
`contemporaneously interpreting
`
`into Spanish.
`
`it
`
`4.
`
`Mr. Reyes indicated
`
`that he understood the contents of said affirmation,
`
`and that
`
`the contents thereof were true, before affixing
`
`his signature thereto.
`
`BY:By MOODY
`8 5 27
`
`DATED:
`
`- 1 -
`
`4 of 4
`
`
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