FILED: QUEENS COUNTY CLERK 03/27/2024 11:29 AM
`NYSCEF DOC. NO. 34
`
`INDEX NO. 724616/2023
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`RECEIVED NYSCEF: 03/27/2024
`
`
`INDEX NO.: 724616/2023
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`REPLY TO VERIFIED PRO SE
`ANSWER AND COUNTERCLAIMS
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` MORTGAGED PREMISES:
` 241-07 145TH AVENUE
` ROSEDALE, NY 11422
`
`
`BLOCK: 13549 LOT: 22
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`SPECIALIZED LOAN SERVICING, LLC,
`
`Plaintiff,
`
`vs.
`
`JOSEPH LOHR,
`ROSSLYN SANDRA
`INDIVIDUALLY AND AS EXECUTRIX OF
`THE ESTATE OF THEBIN P. LOHR A/K/A
`THEBIN LOHR; NEW YORK STATE
`DEPARTMENT OF TAXATION AND
`FINANCE; UNITED STATES OF AMERICA
`O/B/O INTERNAL REVENUE SERVICE;
`JOHN DOE #1 THROUGH #6, AND JANE
`DOE #1 THROUGH #6, the last twelve 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,
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`Defendants.
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`
`
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`Plaintiff Specialized Loan Servicing LLC, (“Plaintiff”), by its counsel, McCalla Raymer
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`Leibert Pierce, LLC, as and for its Reply to Defendant-Counterclaimant’s Joseph Lohr
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`(“Defendant”), Verified Pro Se Answer and Counterclaims (“Answer”) filed by Defendant, states
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`as follows:
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`FOR A RESPONSE TO DEFENDANT’S FIRST THROUGH ELEVENTH
`AFFIRMATIVE DEFENSES
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`1.
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`Paragraphs labeled “Lack of Standing”, “Foreclosure Cause of Action”, “Statute of
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`Limitations”, “Notice of Default”, “90-Day Notice Requirement”, “90-Day Notice Filing
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`Requirement”, “Help for Homeowners in Foreclosure Notice Requirement”, “Real Estate
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`Settlement Procedures Act Early Intervention Requirement”, “Real Estate Settlement Procedures
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`Act Pre-Foreclosure Review Requirement”, “Coronavirus Foreclosure Moratoriums/Forbearance
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`1 of 6
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`NYSCEF DOC. NO. 34
`
`INDEX NO. 724616/2023
`
`RECEIVED NYSCEF: 03/27/2024
`
`
`INDEX NO.: 724616/2023
`
`REPLY TO VERIFIED PRO SE
`ANSWER AND COUNTERCLAIMS
`
` MORTGAGED PREMISES:
` 241-07 145TH AVENUE
` ROSEDALE, NY 11422
`
`
`BLOCK: 13549 LOT: 22
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`SPECIALIZED LOAN SERVICING, LLC,
`
`Plaintiff,
`
`vs.
`
`JOSEPH LOHR,
`ROSSLYN SANDRA
`INDIVIDUALLY AND AS EXECUTRIX OF
`THE ESTATE OF THEBIN P. LOHR A/K/A
`THEBIN LOHR; NEW YORK STATE
`DEPARTMENT OF TAXATION AND
`FINANCE; UNITED STATES OF AMERICA
`O/B/O INTERNAL REVENUE SERVICE;
`JOHN DOE #1 THROUGH #6, AND JANE
`DOE #1 THROUGH #6, the last twelve names
`being fictitious, it being the intention of Plaintiff
`to designate any and all occupants, tenants,
`persons or corporations, if any, having or
`claiming an interest in or lien upon the premises
`being foreclosed herein,
`
`Defendants.
`
`
`
`
`Plaintiff Specialized Loan Servicing LLC, (“Plaintiff”), by its counsel, McCalla Raymer
`
`Leibert Pierce, LLC, as and for its Reply to Defendant-Counterclaimant’s Joseph Lohr
`
`(“Defendant”), Verified Pro Se Answer and Counterclaims (“Answer”) filed by Defendant, states
`
`as follows:
`
`
`FOR A RESPONSE TO DEFENDANT’S FIRST THROUGH ELEVENTH
`AFFIRMATIVE DEFENSES
`
`1.
`
`Paragraphs labeled “Lack of Standing”, “Foreclosure Cause of Action”, “Statute of
`
`
`
`Limitations”, “Notice of Default”, “90-Day Notice Requirement”, “90-Day Notice Filing
`
`Requirement”, “Help for Homeowners in Foreclosure Notice Requirement”, “Real Estate
`
`Settlement Procedures Act Early Intervention Requirement”, “Real Estate Settlement Procedures
`
`Act Pre-Foreclosure Review Requirement”, “Coronavirus Foreclosure Moratoriums/Forbearance
`
`1 of 6
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`FILED: QUEENS COUNTY CLERK 03/27/2024 11:29 AM
`NYSCEF DOC. NO. 34
`
`INDEX NO. 724616/2023
`
`RECEIVED NYSCEF: 03/27/2024
`
`and Loss Mitigation Programs”, and “Other Defenses or Counterclaims” in Defendant’s Answer,
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`including any and all subparts thereof, contain only Defendant’s Answer to Plaintiff’s Complaint,
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`Affirmative Defenses and/or legal conclusions to which no responses are required; but to the extent
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`responses are required, Plaintiff denies the allegations contained in the above-referenced
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`paragraphs of the Answer.
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`FOR A RESPONSE TO DEFENDANT’S OTHER COUNTERCLAIM
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`2.
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`Paragraph labeled “Other Defenses or Counterclaims” contain conclusions of law
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`as to which no response is required. To the extent a further response is required, Plaintiff denies
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`the allegation contained in paragraph labeled “Other Defenses or Counterclaims”, including any
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`and all subparts thereof.
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`FOR A RESPONSE TO DEFENDANT’S RELIEF REQUESTED
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`Plaintiff denies that Defendant is entitled to dismissal of the Complaint, or any other
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`3.
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`Relief as requested in the “WHEREFORE” section of the Verified Answer.
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`GENERAL DENIAL
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`4. Plaintiff denies any and all allegations not specified above.
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`
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`AFFIRMATIVE DEFENSES
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
`
`Defendant’s claim and/or cause of action is barred, in whole or in part, by the
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`5.
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`applicable statute of limitations.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
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`2 of 6
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`FILED: QUEENS COUNTY CLERK 03/27/2024 11:29 AM
`NYSCEF DOC. NO. 34
`
`INDEX NO. 724616/2023
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`RECEIVED NYSCEF: 03/27/2024
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`6.
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`Defendant’s claims are barred, in whole or in part, by the terms and conditions of
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`the governing loan documents.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
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`7. Plaintiff possesses a defense founded upon documentary evidence.
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
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`8.
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`Defendant’s claim and/or cause of action is barred, in whole or in part, by the
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`
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`doctrine of unjust enrichment.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
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`9.
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`Defendant’s claim and/or cause of action is barred, in whole or in part, by the
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`
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`doctrines of laches, estoppel and/or waiver.
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
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`10.
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`Defendant’s Counterclaims fail to state a legally cognizable claim or cause of action
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`
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`upon which relief can be granted.
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
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`11.
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`Defendant has not alleged or sustained any damages that were caused by Plaintiff,
`
`
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`or for which Plaintiff is, or could be, legally responsible.
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`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
`
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`3 of 6
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`FILED: QUEENS COUNTY CLERK 03/27/2024 11:29 AM
`NYSCEF DOC. NO. 34
`
`INDEX NO. 724616/2023
`
`RECEIVED NYSCEF: 03/27/2024
`
`12.
`
`Defendant failed to mitigate any damages Defendant may have incurred. In
`
`asserting this affirmative defense, Plaintiff does not admit liability due to Defendant’s injury
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`alleged in the Answer, nor does Plaintiff admit that such damages exist.
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
`
`
`
`13. Defendant’s claim and/or cause of action is barred, in whole or in part, by the statute
`
`of frauds.
`
`AS AND FOR A TENTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
`
`14.
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`Defendant’s claim and/or cause of action is barred, in whole or in part, by the parol
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`
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`evidence rule.
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`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
`
`15.
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`Defendant’s claim and/or cause of action is barred, in whole or in part, by the
`
`
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`doctrine of unclean hands.
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`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
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`16.
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`Defendant’s claim and/or cause of action is barred, in whole or in part, by the
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`
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`doctrine of ratification.
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`
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`17.
`
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`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE,
`PLAINTIFF ALLEGES AS FOLLOWS:
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`Defendant’s claim and/or cause of action is barred or preempted by federal law.
`
`
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`
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`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE,
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`4 of 6
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`FILED: QUEENS COUNTY CLERK 03/27/2024 11:29 AM
`NYSCEF DOC. NO. 34
`
`INDEX NO. 724616/2023
`
`RECEIVED NYSCEF: 03/27/2024
`
`PLAINTIFF ALLEGES AS FOLLOWS:
`
`Plaintiff hereby gives notice that it intends to rely upon any other and additional
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`18.
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`defenses that are now or may become available during or as a result of the discovery proceedings
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`in this action, and hereby reserves its right to amend this Reply to Verified Pro Se Answer and
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`Counterclaims to assert such defense.
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`WHEREFORE, in addition to the relief requested in Plaintiff’s Complaint, Plaintiff
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`respectfully requests that Defendant’s Counterclaim and each and every cause of action and
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`defense alleged therein be dismissed with prejudice against Plaintiff, together with such other and
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`further relief as the Court may deem just and proper.
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`Dated: March 27, 2024
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`
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`New York, New York
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`/s/ Peter A. Swift____________________
`Peter A. Swift, Esq.
`McCalla Raymer Liebert Pierce, LLC
`420 Lexington Avenue, Suite 840
`New York, New York 10170
`Phone: 347-286-7409
`Attorneys for Plaintiff,
`Specialized Loan Servicing LLC
`
`
`
`5 of 6
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`FILED: QUEENS COUNTY CLERK 03/27/2024 11:29 AM
`NYSCEF DOC. NO. 34
`
`INDEX NO. 724616/2023
`
`RECEIVED NYSCEF: 03/27/2024
`
`ATTORNEY VERIFICATION
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`Peter A. Swift, Esq., an attorney duly admitted to practice law before the Courts of this
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`
`
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`State and associated with McCalla, Raymer, Leibert, Pierce, LLC., counsel for Plaintiff
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`Specialized Loan Servicing LLC (“Plaintiff”) affirms the following under penalty of perjury:
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`
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`I have read the foregoing Reply and know the contents thereof, and it is true to my own
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`knowledge except as to any matters therein stated to be alleged upon information and belief, and
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`that as to those matters I believe them to be true. The grounds of my belief as to all matters not
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`stated upon my knowledge are correspondence and other writings furnished to me by the Plaintiff
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`and discussions with the Plaintiff or its agents. The reason this Verification is not made by the
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`answering Plaintiff is because Plaintiff is a corporation, none of whose officers are presently within
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`the county where my office is located.
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`Dated: March 27, 2024
`New York, New York
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`/s/ Peter A. Swift___________________
`Peter A. Swift, Esq.
`McCalla Raymer Liebert Pierce, LLC
`420 Lexington Avenue, Suite 840
`New York, New York 10170
`Phone: 347-286-7409
`Attorneys for Plaintiff,
`Specialized Loan Servicing LLC
`
`
`
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`6 of 6
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