FILED: QUEENS COUNTY CLERK 04/16/2024 10:38 AM
`NYSCEF DOC. NO. 26
`
`INDEX NO. 725731/2023
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`RECEIVED NYSCEF: 04/16/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
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`SPECIAUZED LOAN SERVICING LLC
`
`Plaintiff,
`
`v.
`
`ALFONSO REYES, et. al.
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`Defendants.
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`Index No. I 725731/2023~1
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`VERIFIED PRO SE
`ANSWER TO
`FORECLOSURE^
`COMPLAINT E'AND
`COUNTERCLAIMS
`[Defendant: check this box if
`you checked any item in the
`“counterclaim” section
`below]
`
`Defendant- Alfonso Reyes
`follows:
`
`] Pro Se answers the complaint in this proceeding as
`
`I plead the following Defenses and Counterclaims:
`
`DEFENSES
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`I generally deny each allegation of the Complaint, including anv allegation that Plaintiff
`FILED
`is the owner of the note and mortgage.
`APR 1 6 2024
`COUNTY CLERK ti
`QUEENS COUNTY
`Lack of Standing: Plaintiff, upon information and belief, was not the legal owner of the
`note and/or mortgage, and did not otherwise have the right to enforce the mortgage, at the
`time it commenced this foreclosure lawsuit and therefore lacks standing.
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`/
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`/
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`□
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`Foreclosure Cause of Action: Plaintiff has not pleaded that it owns the note and
`mortgage, which is an element of a foreclosure cause of action, and it therefore has failed
`to plead a foreclosure cause of action.
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`Statute of Limitations (NY Civil Practice Law and Rules § 213(4)): Plaintiff may not
`sue on all or part of the mortgage debt because Plaintiff, upon information and belief,
`commenced this action more than six years after the debt became due, which defense also
`supports the separately pleaded counterclaim to cancel and discharge the mortgage under
`NY Real Property-Actions and Proceedings Law § 1501(4)..
`
`Service of Process (NY Civil Practice Law and Rules § 308): I was not properly served
`with process in this action for the following reason(s): 1 on[u ft it t) ~H/Y
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`FILED: QUEENS COUNTY CLERK 04/16/2024 10:38 AM
`NYSCEF DOC. NO. 26
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`INDEX NO. 725731/2023
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`RECEIVED NYSCEF: 04/16/2024
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`Prior Pending Action (NY Real Property Actions and Proceedings Law § 1301):
`Plaintiff impermissibly commenced this action because there is a prior pending action to
`recover all or part of the mortgage debt.
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`No Default/Payment or Partial Payment: I have paid, in whole or in part, the amounts
`claimed by Plaintiff, or the amounts claimed by Plaintiff are not due, or the loan is
`otherwise not in default.
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`Reverse Mortgages
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`Reverse Mortgage—Notice Requirements: Plaintiff failed to comply with the notice
`requirements under New York and/or federal law or failed to comply with contractual
`requirements of the reverse mortgage, which are conditions precedent to this foreclosure
`action.
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`Reverse Mortgage—Failure to Specify Alleged Default: The complaint is vague and
`does not specify the alleged default and/or the amount(s) plaintiff claims in this action.
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`Reverse Mortgage—Foreclosure on a Reverse Mortgage for Property Charge
`Defaults is Against Public Policy: The purpose of reverse mortgage loans under the
`Home Equity Conversion Mortgage (“HECM”) program is to assist senior citizens to stay
`in their homes, and reverse mortgage lenders have other remedies in the event of alleged
`failure to pay property charges. Plaintiff, accordingly, as a matter of equity and public
`policy, should not be permitted to foreclose.
`
`Reverse Mortgage—NY Real Property Law § 280-b: Plaintiff and/or its predecessor-
`in interest, upon information and belief, violated the requirements of NY Real Property
`Law § 280-b, compliance with which is a condition precedent to commencing an action
`to foreclose on a reverse mortgage loan covered by that statute, mandating dismissal of
`this foreclosure action, which defense also supports the separately pleaded counterclaim
`for damages under NY Real Property Law § 280-b.
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`Predicate Notices/Conditions Precedent
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`/ Notice of Default: Plaintiff failed to comply with the requirements for the notice of
`default in my mortgage loan agreement, a condition precedent to this foreclosure action.
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`/
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`90-Day Notice Requirement (NY Real Property Actions and Proceedings Law § 1304):
`Plaintiff failed to comply with the requirements of NY Real Property Actions and
`Proceedings Law § 1304, a condition precedent to this foreclosure action.
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`Prepared with assistance from Queens Legal Services
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`FILED: QUEENS COUNTY CLERK 04/16/2024 10:38 AM
`NYSCEF DOC. NO. 26
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`INDEX NO. 725731/2023
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`RECEIVED NYSCEF: 04/16/2024
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`□
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`90-Day Notice Filing Requirement (NY Real Property and Proceedings Law § 1306):
`Plaintiff failed to comply with the requirements of NY Real Property and Proceedings
`Law § 1306, a condition precedent to this foreclosure action.
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`Help for Homeowners in Foreclosure Notice Requirement (NY Real Property Actions
`and Proceedings Law § 1303): Plaintiff failed to comply with the requirements of NY
`Real Property and Proceedings Law § 1303, a condition precedent to this foreclosure
`action.
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`Real Estate Settlement Procedures Act
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`Real Estate Settlement Procedures Act Early Intervention Requirement (12 C.F.R.
`§ 1024.39): Upon information and belief, Plaintiff violated the early intervention
`requirements of the Real Estate Settlement Procedures Act because (check one or both if
`applicable):
`/
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`Within 36 days of my delinquency, the loan servicer did not attempt to establish
`live contact with me to inform me about the availability of loss mitigation options.
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`□
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`Within 45 days of my delinquency, the loan servicer did not send me a written
`notice that included contact information for the servicer, a description of loss
`mitigation options available from the servicer, information about applying for loss
`mitigation, and a website listing housing counselors.
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`□
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`Real Estate Settlement Procedures Act Pre-Foreclosure Review Requirement (12
`C.F.R. § 1024.41): Plaintiff impermissibly filed this foreclosure during the pre­
`foreclosure review period because (check one or both if applicable):
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`□
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`□
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`Plaintiff commenced this action before my loan was more than 120 days
`delinquent.
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`I submitted a complete loss mitigation application to my loan'servicer but Plaintiff
`commenced this action (1) before the loan servicer made a decision on that
`application, (2) before the time period to appeal the loan servicer’s decision
`lapsed, or (3) before the loan servicer made a decision on an appeal I submitted in
`connection with the loss mitigation application.
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`Prepared with assistance from Queens Legal Services
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`FILED: QUEENS COUNTY CLERK 04/16/2024 10:38 AM
`NYSCEF DOC. NO. 26
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`INDEX NO. 725731/2023
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`RECEIVED NYSCEF: 04/16/2024
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`FHA-Insured Loans
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`□
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`FHA Pre-Foreclosure Requirements: My loan is insured by the Federal Housing
`Administration. Upon information and belief, the loan servicer/mortgagee has not
`complied with regulations of the Department of Housing and Urban Development
`because the loan servicer/mortgagee did not do one or more of the following {check all
`that are applicable):
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`□
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`□
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`□
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`□
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`Send me a notice of default before the end of the second month of my
`delinquency (24 C.F.R. § 203.602).
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`Attempt to arrange a face-to-face interview with me before three full monthly
`installments due under the mortgage were unpaid (24 C.F.R. § 203.604).
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`Evaluate me for loss mitigation before four full monthly installments due under
`the mortgage were unpaid (24 C.F.R. § 203.605).
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`Wait until three full monthly installments due under the mortgage were unpaid
`before commencing this foreclosure action (24 C.F.R. § 203.606).
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`:|c $ :|c $ $ sfc
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`Certificate of Merit Requirement (NY Civil Practice Law and Rules § 3012-b): Upon
`information and belief, Plaintiff failed to comply with the Certificate of Merit
`requirements of NY Civil Practice Law and Rules § 3012-b.
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`Request for Judicial Intervention (NY Codes, Rules and Regulations Title 22, §
`202.12-a(b)): Upon information and belief, Plaintiff did not file a Request for Judicial
`Intervention.
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`Excessive Interest and Fees (NY Civil Practice Law and Rules § 3408(f)): In a prior
`foreclosure action, Plaintiff failed to negotiate in good faith pursuant to CPLR 3408(f).
`This failure to negotiate in good faith has caused excessive interest and fees to accrue
`which Plaintiff, as a matter of equity and by operation of the CPLR, is not entitled to
`recover.
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`Excessive Interest (NY Civil Practice Law and Rules § 5001(a)): Plaintiff has
`unreasonably delayed filing this action, failed to file the Request for Judicial Intervention
`or engaged in other dilatory conduct causing excessive interest to accrue which the Court
`may reduce or toll, as a matter of equity and pursuant to NY Civil Practice Law and
`Rules § 5001(a).
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`Action Commenced Against a Deceased Party: This action is a nullity because it was
`commenced against
`after that party was already deceased and before a
`personal representative was appointed and it should therefore be dismissed.
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`Prepared with assistance from Queens Legal Services
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`FILED: QUEENS COUNTY CLERK 04/16/2024 10:38 AM
`NYSCEF DOC. NO. 26
`
`INDEX NO. 725731/2023
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`RECEIVED NYSCEF: 04/16/2024
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`o
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`□
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`Failure to Join Necessary Party: This action should be dismissed because of Plaintiff s
`failure to join a necessary party.
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`Coronavirus Foreclosure Moratoriums/Forbearance and Loss Mitigation Programs:
`Plaintiff failed to comply with federal or New York State law requiring forbearance and
`loss mitigation programs for borrowers affected or impacted by the Coronavirus
`pandemic, or it commenced this action in violation of federal or New York State law
`imposing moratoriums on the commencement of residential foreclosure actions, or
`otherwise in violation of any applicable Executive Order promulgated by the Governor of
`the State of New York or Administrative Orders promulgated by the Chief
`Administrative Judge of the State of New York.
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`Equitable Defenses
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`□ Unclean Hands and/or Unconscionability: This action is barred by the doctrine of unclean
`hands and/or unconscionability for the following reason(s):
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`□ Implied Covenant of Good Faith and Fair Dealing: Plaintiff or its predecessor-in-interest
`violated the covenant of good faith and fair dealing implied in all contracts and is barred from
`recovery in this action for the following reason(s):______________________ ________ •
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`□
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`Other Defenses or Counterclaims (attach additional pages if needed)-.
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`Prepared with assistance from Queens Legal Services
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`FILED: QUEENS COUNTY CLERK 04/16/2024 10:38 AM
`NYSCEF DOC. NO. 26
`
`INDEX NO. 725731/2023
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`RECEIVED NYSCEF: 04/16/2024
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`COUNTERCLAIMS
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`□
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`□
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`/
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`Quiet Title/Cancel and Discharge the Mortgage: The statute of limitations for
`commencement of this foreclosure action on the subject mortgage has expired because
`Plaintiff, upon information and belief, commenced this action more than six years after it
`accelerated the mortgage debt. Plaintiff is not in possession of the mortgaged property
`and I am the owner of the property and therefore am entitled to a judgment cancelling and
`discharging the mortgage and adjudging the property free of any encumbrance by such
`mortgage pursuant to NY Real Property Actions and Proceedings Law § 1501(4).
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`Violations of NY Real Property Law § 280-b: I have been injured by reason of
`Plaintiffs and/or its predecessor-in-interest’s violations of NY Real Property Law § 280-
`b or the rules and regulations of the federal Department of Housing and Urban
`Development relating to the home equity conversion mortgage program and I am
`therefore entitled to recover treble and actual damages, in addition to reasonable
`attorneys’ fees if I retain an attorney, in an amount to be proven at trial.
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`Attorney’s Fees (NY Real Property Law § 282): If I retain counsel, I am entitled to
`recover my attorney’s fees in defending this action pursuant to New York Real Property
`Law § 282.
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`Wherefore, Defendant requests that the Complaint be dismissed; that judgment in favor
`of Defendant be granted on Defendant’s counterclaims in their entirety; that Defendant be
`granted costs and attorneys’ fees if he or she retains counsel; and that Defendant be granted any
`other relief allowed by law or equity as this Court shall deem just and proper.
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`Dated: Jamaica, New York
`^rtl Z
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`, 20A4
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`(Defendant’s Signature!
`(Defendant’s Name)
`(Defendant’s Address)___________________________________ ._ .
`(Defendant’s Address) e=7>'^t^ <y> / J”- *^7^ s0
`<c> /^O“V ^
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`(Defendant’s Telephone Number) (Z
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`A /
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`0 Prepared with the assistance of counsel admitted in New York.
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`Prepared with assistance from Queens Legal Services
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`FILED: QUEENS COUNTY CLERK 04/16/2024 10:38 AM
`NYSCEF DOC. NO. 26
`
`INDEX NO. 725731/2023
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`RECEIVED NYSCEF: 04/16/2024
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`VERIFICATION
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`l^'i£-cfY)C) bj $ being duly sworn, state that the within Answer is true to the best of my
`
`I,
`knowledge, except as to those matters alleged upon information and belief, which I believe to be
`true
`
`Sworn to before me this
`^ day of APME,
`
`, 202./
`
`Notary Publi,
`
`DUSTIN T. PANGONIS
`NOTARY PUBLIC, STATE OF NEW YORK
`NO. 02PA6344660
`QUALIFIED IN kings coyNgr
`COMMISSION EXPIRES 7/05/j^
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`Prepared with assistance from Queens Legal Services
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`7 of 7
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