FILED: RICHMOND COUNTY CLERK 03/28/2014
`FILED: RICHMOND COUNTY CLERK 03/28/2014
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 135196/2014
`INDEX NO. 135196/2014
`RECEIVED NYSCEF: 03/28/2014
`RECEIVED NYSCEF: 03/28/2014
`
`SUMMONSAND NOTICE
`
`Index No.
`
`Date Filed:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`Wall Street Mortgage Bankers LTD. dba Power Express,
`Plaintiff,
`
`-against-
`
`Joseph DeStefano a/k/a Joseph Destefano a/k/a Joseph
`DeStefano, Jr.; Kathleen Terra; The Board of Directors of
`The Village Greens Residents' Homeowners Association,
`Inc.; City ofNew York Environmental Control Board; City
`ofNew York Parking Violations Bureau; City of New York
`Transit Adjudication Bureau, "JOHN DOE", said name being
`fictitious, it being the intention of Plaintiff to designate any
`and all occupants of premises being foreclosed herein, and
`any parties, corporations or entities, if any, having or
`claiming an interest or lien upon the mortgaged premises,
`Defendants.
`
`
`
`PROPERTY ADDRESS:
`
`223 Dover Green, Staten Island, NY 10312
`
`
`
`
`
`TO THE ABOVE NAMED DEFENDANTS:
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`YOU ARE HEREBY SUMMONEDtoanswerthe complaint in this action and to serve
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`a copy of your answer, or a notice of appearance onthe attorneys for the Plaintiff within thirty
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`(30) days after the service ofthis summons, exclusive of the day of service. The United States of
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`America, if designated as a defendantin this action, may appear within sixty (60) days of service
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`hereof. In case of your failure to appear or answer, judgmentwill be taken against you by
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`default for the relief demanded in the complaint.
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`13-030949
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`

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`NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECTof
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`the above captioned action is to foreclose a Consolidation and/or Modified Mortgage (hereinafter
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`“the Mortgage”) to secure $315,000.00 and interest, recorded in the Richmond County Office of
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`the City Register on August 19, 2013, in Land Document Number 492251 covering premises
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`known as 223 Dover Green, Staten Island, NY 10312.
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`The relief sought in the within actionis a final judgment directing the sale of the premises
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`described aboveto satisfy the debt secured by the Mortgage described above.
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`Plaintiff designates Richmond County as the placeof trial. Venue is based upon the
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`County in which the mortgaged premises is situated.
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`13-030949
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`NOTICE
`YOU ARE IN DANGER OF LOSING YOUR HOME
`
`IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY
`SERVING A COPYOF 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 MAYBE
`ENTERED AND YOU CAN LOSE YOUR HOME,
`
`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 RESPOND BY SERVING A COPY OF THE ANSWER ON THE
`ATTORNEYFOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
`ANSWER WITH THE COURT.
`
`,
`
`:
`
`Moudkity COW
`Kristin Corsi, Esq.
`SHAPIRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`250 Mile Crossing Boulevard
`Suite One
`Rochester, NY 14624
`(585) 247-9000
`OurFile No. 13-030949
`
`Dated: March 12, 2014
`
`13-030949
`
`

`

`MORTGAGE FORECLOSURE
`COMPLAINT
`
`Index No. _______________
`
`Date Filed:______________
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`Wall Street Mortgage Bankers LTD. dba Power Express,
`
`Plaintiff,
`
`-against-
`
`Joseph DeStefano a/k/a Joseph Destefano a/k/a Joseph
`DeStefano, Jr.; Kathleen Terra; The Board of Directors of
`The Village Greens Residents' Homeowners Association,
`Inc.; City of New York Environmental Control Board; City
`of New York Parking Violations Bureau; City of New York
`Transit Adjudication Bureau, "JOHN DOE", said name being
`fictitious, it being the intention of Plaintiff to designate any
`and all occupants of premises being foreclosed herein, and
`any parties, corporations or entities, if any, having or
`claiming an interest or lien upon the mortgaged premises,
`Defendants.
`
`The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the
`
`defendants above named, and for its cause of action, alleges that:
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`First:
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`The Plaintiff herein, at all times hereinafter mentioned was and still is a
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`duly authorized Corporation or Association and having an office at 1111 Marcus Avenue, Suite
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`LL08, Lake Success, NY 11042.
`
`PLAINTIFF FURTHER ALLEGES
`UPON INFORMATION AND BELIEF
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`Second:
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`The defendants set forth in Schedule "A" reside or have a place of
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`business at the address set forth therein and are made defendants in this action in the capacities
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`therein alleged and for the purpose of foreclosing and extinguishing any other right, title or
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`interest said defendants may have in the subject premises.
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`13-030949
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`Third:
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`The United States of America, The People of the State of New York, The
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`State Tax Commission of the State of New York, the Industrial Commissioner of the State of
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`New York and all other agencies or instrumentalities of the Federal, State or local government
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`(by whatever name designated) if made parties to this action and if appearing in Schedule "B",
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`are made parties solely by reason of the interest set forth in Schedule "B" and for no other
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`reason,
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`Fourth:
`Heretofore, the defendant(s), Joseph DeStefano, for the purpose of
`securing to Wall Street Mortgage Bankers, LTD., its successors and assigns, the sum of
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`$315,000.00, duly made a certain bond, note, consolidation, extension, modification, recasting,
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`or assumption agreement, as the case may be, wherein and whereby they bound themselves,their
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`heirs, executors, administrators and assigns, and cach and every one of them, jointly and
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`severally, in the amount of said sum of money,all as more fully appears together with the terms
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`of repayment of said sum orrights of Wall Street Mortgage Bankers, LTD., its successors and
`
`assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a
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`part hereof.
`
`Fifth:
`
`Assecurity for the payment of said indebtedness, a consolidation,
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`extension and/or modification agreement was executed, acknowledged and delivered to
`
`Mortgage Electronic Registration Systems, Inc., as nominee for Wall Street Mortgage Bankers,
`
`LTD. recorded in the Richmond County Office of the City Register on August 19, 2013, in Land
`
`Document Number 492251, wherein and whereby the mortgagor(s) named therein mortgaged,
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`bargained, granted an interest in and/or sold to the mortgagee,its successors and assigns, the
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`13-030949
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`

`

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`
`
`eeeaSereTars
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`premises more particularly described therein, hereinafter called "mortgaged premises", under
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`certain conditions with rights, duties and privileges between or among them as more fully
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`appears in said consolidation, extension and/or modification agreement, a copy of which is
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`attached hereto and madea part hereof. Said Consolidation Extension Modification Agreement
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`(hereinafter “the Mortgage”) consolidated the mortgage(s) referred to in Schedule "D"hereofto
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`form a single first mortgage lien in the sum of $315,000.00.
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`Sixth:
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`The Plaintiff is the current owner and holder of the subject mortgage and
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`note, or has been delegated the authority to institute a mortgage foreclosure action by the owner
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`and holder of the subject mortgage and note, If Plaintiff is not the original owner and holder of
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`the subject note and mortgage then information regarding the chain oftitle will be contained in
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`Schedule "D".
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`Seventh:
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`The said mortgages were duly recorded and the mortgage tax due thereon
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`was duly paid on the recorded instrumentin the proper County Clerk's Office at the place and
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`time which appears thereon. Plaintiff shall pay the requistte mortgage tax attributed to the
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`Modification Agreement, if any, prior to Judgment of Foreclosure and Sale.
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`Eighth:
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`The defendant(s), Joseph DeStefano, so named, have failed and negiected
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`to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the
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`monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums,
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`escrow and/or other charges, and accordingly,the plaintiff has duly elected and does herebyelect
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`to call due the entire amount presently secured by the mortgage described in paragraph "FIV'TH"
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`hereof.
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`13-030949
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`

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`Ninth:
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`Heretofore and prior to the commencementof this action, part of the
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`original principal sum may have been paid to apply on said indebtedness and there remains due
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`the amountset forth in Schedule "C".
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`Tenth:
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`In order to protect its security, the plaintiff has paid, or will pay, as may be
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`compelled during the pendency ofthis action, local taxes, assessments, water rates, insurance
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`premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff
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`requests that any sumsthus paid by it for said purposes (together with interests thereon) should
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`be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged
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`a valid lien on the mortgaged premises, the amount of which will ultimately be determined by
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`the Court.
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`Eleventh:
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`The defendants herein have, or claim to have, someinterest in or lien
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`upon, said mortgaged premises or some part thereof, which interest or lien, if any, has accrued
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`subsequentto, or 1s otherwise subordinate to, the lien of plaintiff's mortgage.
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`Twelfth:
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`There are no pending proceedings at law or otherwise to collect or
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`enforce said bond/note and mortgage andthere is no other action pending which has been
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`brought to recover said mortgage debt or any part thereof.
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`Thirteenth:
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`The Schedules, Exhibits and other items attached to this Complaint
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`are expressly incorporated and made a part of this Complaintfor all purposes with the same force
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`and effect as if they were completely and fully set forth herein wherever reference has been made
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`to each or any of them.
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`Fourteenth:
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`By reason of the foregoing, there is now due and owing to the
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`plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting
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`13-030949
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`

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`AnHeeoeite
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`
`
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`agreement, the unpaid principal balance set forth in Schedule "C", and such otherfees, costs, late
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`charges, and interest, the amount of which will be determined by the Court.
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`Fifteenth:
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`The mortgage provides that, in the case of foreclosure, the
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`mortgaged premises may be sold in one parcel.
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`Sixteenth:
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`The Plaintiff shall not be deemed to have waived, altered, released
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`or changed the election hereinbefore made by reason of the payment or performance, after the
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`date of the commencementof this action, of any or all of the defaults mentioned herein; and such
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`election shall continue and remain effective until the costs and disbursements ofthis action, and
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`all present and future defaults under the Note and Mortgage and occurring prior to the
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`discontinuance ofthis action are fully paid and cured.
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`Seventeenth:
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`Pursuantto the Fair Debt Collection Practices Act, this action may
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`be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as
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`a result of this action will be used for that purpose.
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`Eighteenth:
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`If the subject note and mortgage fall within the prescribed
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`definition of a subprime home loan or high-cost home loan as identified under section six-or
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`six-m of the New York State Banking Law,then Plaintiff has complied with all the provisions of
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`section five-hundred ninety-five of the New York State Banking Law and anyrules and
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`regulations promulgated thereunder, section six-I or six-m of the New York State Banking Law
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`and section thirteen hundred four of New York State Real Property Actions and Proceedings
`
`Law (RPAPL).
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`Nineteenth;
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`Plaintiff has complied with the provisions of RPAPL § 1306,if
`
`applicable.
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`13-030949
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`to law;
`(d)=‘That out ofthe moniesarising fromthe sale thereof, the plaintiffmay be paid the
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`WHEREFORE,plaintiff demands judgment:
`
`(a)
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` Adjudging and decreeing the amounts duethe plaintiff for principal, interest,
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`costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
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`(b)
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`That the defendants and all persons claiming by, through or under them, or either
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`or any of them, subsequent to the commencementofthis action and every other person or
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`corporation whoseright, title conveyance or encumbrance is subsequent to or subsequently
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`recorded, may be barred and forever foreclosed of all right, claim,lien, or interest, or equity of
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`redemption in and to said mortgaged premises;
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`(c)
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`That the said mortgaged premises, or such part thereof as may be necessary to
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`raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
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`disbursements, together with any monies advanced and paid, may be decreed to be sold according
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`amounts then due on said bond/note and mortgage and any sum which may have been paid by the
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`plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said
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`amounts from the dates of the respective payments and advancesthereof, the costs and expenses
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`of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in
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`the mortgage, rider or other agreement, so far as the amount of such money properly applicable
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`thereto will pay the same;
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`13-030949
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`

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`(f)
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`That this Court forthwith appoint a Receiverof the rents and profits of said
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`premises with the usual powers and duties;
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`(g)
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`That the defendant(s), Joseph DeStefano, unless discharged in bankruptcy may be
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`adjudged to pay anydeficiency that may remain after applying all of said monies so applicable
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`thereto;
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`(h)
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`That the United States of America shall have the right of redemption, if
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`applicable;
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`(i)
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`That the plaintiff may have such otheror furtherrelief, or both, in the premises as
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`may be just and equitable.
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`Plaintiff specifically reserves its right to share in any surplus monies arising fromthe sale
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`of subject premises by virtue of its position as a judgmentor other lien creditor excluding the
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`mortgage being foreclosed herein.
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`Dated: March 12, 2014
`
`Kristin Corsi, Esq.
`SHAPIRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`250 Mile Crossing Boulevard
`Suite One
`Rochester, NY 14624
`(585) 247-9000
`OurFile No. 13-030949
`
`13-030949
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`

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`
`DEFENDANTS
`
`CAPACITY
`
`Joseph DeStefano
`a/k/a Joseph Destefano
`a/k/a Joseph DeStefano, Jr.
`223 Dover Green
`Staten Island, NY 10312
`
`Kathleen Terra
`
`Owner of record and Obligor by virtue ofthe
`Consolidation and/or Modification Agreement
`referred to in Schedule D attached hereto.
`
`Judgment creditor by virtue of a Richmond
`County Court judgment filed on November 20,
`2012 for $43,031.61 vs. Joseph DeStefano, Jr.
`
`The Board of Directors of The Village Greens
`Residents' Homeowners Association, Inc.
`PO Box 131441
`Staten Island, NY 10313
`
`Possible holder of claim or lien as a result of
`unpaid common charges and possible holder of
`a right of first refusal pursuant to the terms of
`Declaration of Covenants, Easements and
`Restrictions By-Laws recorded in Liber 1921
`of Deeds, page 463.
`
`“JOHN DOE”
`
`Said name beingfictitious, it being the
`intention of Plaintiff to designate any andall
`occupants, tenants, persons or corporations,if
`any, having or claiming an interest in or lien
`upon the premises being foreclosed herein.
`
`13-030949
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`

`

`DEFENDANTS
`
`CAPACITY
`
`City of New York Environmental Control
`Board
`100 Church Street
`New York, NY 10007
`
`To cut off any possible liens filed by the
`Environmental Control Board with the Clerk of
`Richmond County.
`
`City of New York Parking Violations Bureau
`100 Church Street
`New York, NY 10007
`
`To cut off any possible liens filed by the New
`York City Parking Violations Bureau with the
`Clerk of Richmond County.
`
`City of New York Transit Adjudication Bureau
`130 Livingston Street
`Brooklyn, NY 11201
`
`To cut off any possible liensfiled by the
`Transit Adjudication Bureau with the Clerk of
`Richmond County.
`
`
`
`
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`

`

`|
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`
`
`
`SCHEDULE C
`
`MORTGAGE INFORMATION
`
`1.
`
`2.
`
`3,
`
`4,
`
`5.
`
`6.
`
`7.
`
`8.
`
`Original Amount of Bond/Note/
`Consolidation or Moditication Agreement
`
`Last installment due and paid
`
`Date of first unpaid installment/
`default date
`
`AMOUNT DUE
`
`Principal balance owing
`
`*Interest @ 6%
`from April 1, 2013
`
`$315,000.00
`
`April 1, 2013
`
`May 1, 2013
`
`$302,620.60
`
`To Be Calculated at Judgment
`
`Late charges as per the terms of the Note
`
`To Be Calculated at Judgment
`
`Taxes Advanced by Plaintiff
`
`To Be Calculated at Judgment
`
`Escrow Advances
`
`To Be Calculated at Judgment
`
`* Interest will continue to accrue at the contract bond/note/loan agreementrate, until a
`Judgment ofForeclosure and Sale has been entered in the proper County Clerk’s Office, at
`which time the interest rate will be calculated at the legal rate of9.00%.
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`13-030949
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`

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`
`
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`SCHEDULE D
`
`The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated
`September 27, 2007, executed by Joseph DeStefano, as Mortgagor(s) to Mortgage Electronic
`Registration Systems, Inc., as nominee for Wall Street Mortgage Bankers, LTD., as Mortgagee,
`to secure the sum of $315,000.00, and recorded in the Richmond County Office of the City
`Register on August 19, 2013, at Land Document Number 492251.
`
`The foregoing instrument consolidated and/or modified the following mortgage(s): The
`Mortgage given Joseph DeStefano to Mortgage Electronic Registration Systems, Inc., as
`nominee for IndyMac Bank, F.S.B. to secure the sum of $240,000.00, not to exceed negative
`amortization amount up to 110% of the original principal amount, dated October 12, 2004 and
`recorded on February 24, 2005 in Reel 20108, page 233. The Note and Mortgage were
`transferred to Wall Street Mortgage Bankers, LTD. and said transfer was memorialized by an
`Assignment of Mortgage dated January 8, 2007 and recorded on May 2, 2007 in Land Document
`Number 193510. The Mortgage given Joseph DeStefano to Mortgage Electronic Registration
`Systems, Inc,, as nominee for Wall Street Mortgage Bankers, LTD. to secure the sum of
`$62,565.78 dated February 22, 2007 and recorded on July 31, 2007 in Land Document Number
`209808, intending to correct and replace the Mortgage recorded on May 2, 2007 in Land
`Document Number 193511. The Consolidation, Extension, and Modification Agreement given
`by Joseph DeStefano to Mortgage Electronic Registration Systems, Inc., as nominee for Wall
`Street Mortgage Bankers, LTD.to secure the sum of $315,000.00 dated February 22, 2007 and
`recorded on May 2, 2007 in Land Document Number £93512. The GAP Mortgage given Joseph
`DeStefano to Mortgage Electronic Registration Systems, Inc., as nominee for Wall Street
`
`Mortgage Bankers, LTD.to secure the sum of$4,568.60 dated September 27, 2007 and recorded
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`on October 30, 2007 in Land Document Number 225154.
`
`The Note and Mortgage were transferred to Wall Street Mortgage Bankers, LTD. dba Power
`Express, and said transfer was memorialized by an Assignment of Mortgage executed on
`December 31, 2013 and recorded January 28, 2014 in Land Document Number 511989.
`
`In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
`assign, and was delivered to Plaintiff prior to the commencementofthis action.
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`13-030949
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`. MTA B&S WICOVY=— Bargain and Sate Deed, with Covenant agalingt Grantor's Acts — Individunl ot Corporation (Singlz Sheer}‘
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`
`
`
`ari201OReME228
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`#ONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ORLY.
`
`THIS INDENTURE,made the | Z. ‘
`day ofOct
`, in the year 2004
`
`BETWEEN
`JOSEPH DESTEFANOand SUSAN DESTEFANO,
`223 DOVER GREEN
`STATEN ISLAND, NEW YORK. 10312
`
`party of thefirst part, and
`JOSEPH DESTEFANO,
`223 DOVER GREEN
`STATEN ISLAND, NEW YORK.
`
`party of the second part,
`WITNESSETH,that the party of the first part, in consideration of
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`dollars
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`paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
`or successors and assigns of the party of the second part forever,
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`ALE thal certain plot, picee or parcel of land, with the buildings and improvements thereon erected, situate,
`lying and beingin the
`*9SEE SCHEDULE A ATTACHED**
`
`
`IN AVITNESS WHEREOF,the party ofthe first part has duly executed this deed the day and year first above
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`ANDthe party ofthefirst part covenants that the party ofthe first part has not done or suffered anything whereby
`the sald premises have becn encumbered in any way whatever, except as atoresaid.
`AND the party of the first.part, in compliance with Section 13 of the Lien Law, covenantsthat the party ofthe
`first part will receive the consideration for this conveyance and wil] hold the right to receive such consideration as
`a tryst fund co be applied first for the pucpose ofpaying the cast of the improvement and will apply the samefirst
`ta the payment of the cost of the improvementbefore using any part of the total of the same for any other purpose.
`The word “party” shall be construed as if it read “parties” whenever Une sense of this indenture so requires.
`
`~
`A
`
`
`District Conn Sd.bebe)bela\aty Woondou
`hrorbod 3\r<\4 Ue
`ao © Pore oa.
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`2 S 4% +
`
`Section
`
`Block
`6020
`
`Lot(s}
`120
`
`\
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`\
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`TOGETHERwith ail right, litle and interest, if any, of the party of the first part in and to any strects and roads
`abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all
`the estate and rights ofthe party ofthe first part in and to suid premises; TO HAVE AND TO HOLDthe premises
`herein granted unto the party of the second part, the heirs or successors and assignsofthe party of the second
`part forever,
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`

`

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`
`
`REEL?0108Page229
`
`Policy No.: M 8832 - 823251
`
`SCHEDULE A
`LEGAL DESCRIPTION
`
`All that certain plot, piece or parcel of land, with the buildings and improvements thereon
`erected, situate, lying and being in the Borough and County of Richmond,City and State of
`New York, bounded and described as follows:
`
`BEGINNINGat a point on the northwesterly side of Dover Green, distant 560.77 feet
`southwesterly, northwesterly and southwesterly along said Dover Green from the corner
`formed by the intersection of the northwesterly side of Dover Green with the southwesterly
`side of Arden Avenue,as said streets are laid out on the Final Maps of the City of New York,
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`RUNNING THENCESouth 36 degrees 51 minutes 42 seconds Westalong said
`northwesterly side of Dover Green, 19.91 feet;
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`THENCESouth 36 degrees 51 minutes 42 seconds West and still along the northwesterly
`side of Dover Green, 2.64 feet;
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`THENCE North 53 degrees 08 minutes 18 seconds Westandpart of the distance through a
`patty wall, 80 feet to the southeasterly side of Arthur Kill Road, as laid out on the Final Map;
`THENCENorth 36 degrees 51 minutes 42 seconds Hast along said southeasterly side of
`Arthur Kill Road, 5.54 feet;
`
`THENCE North 41 degrees 01 minutes 52 seconds East andstill along said southeasterly
`side of Arthur Kill Road, 17 feet;
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`THENCESouth 53 degrees 08 minutes 18 seconds East and part of the distance through a
`party wal] 80.21 feet to the point or place of BEGINNING.
`
`SAID PREMISESalso being known as
`
`223 Dover Green
`Staten Island, New York
`
`4612 (1/93)
`NY Alta Loar
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`Page 2
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`

`

`.
`
`Acknowledgment for use within New York State Only:
`STATE OF NEW YORK, COUNTY OF RICHMONI}ss.:
`
`Acknowledgmentfor use within New York State Only:
`STATE GF NEW YORK, COUNTY OF
`}ss.:
`
`in the year
`On the
`day of
`before me,the undersigned. personally appeared
`
`.
`
`Ba fAcknowedger Certificate}
`YSRH, COUNTYOF
`
`in the year
`4
`before me, the undkrsigndd, personally appeared
`
`the subscribing witness to the foregoing instrument, with whom i
`am personally acquainted, who, being by me duly swom, did
`depose and say that he/she/they reside(s) in
`(if the place of residence ic in a city, inglude the sweel and street member if any,
`thercof,that he/she/they know{s)
`
`to bethe individual described in and who executed the foregoing
`instrument; that said subscribing witness was present and saw
`said
`
`= R
`
`4 |
`
`WITH COVENANT AGAINST GRANTOR'S ACTS
`
`
`
`execute the same; and thal sald witness at
`the same time
`subseribed hissher/their name(s) as apeibesssthemmtosaavalkaren
`
`OFNEWYORE
`ony
`C, BP
`NO,dicosaaan
`QUALIFIED IN
`TN RICHMOND
`COMM, BAPIRES APR:Iag
`Bargain and SaleBasa he
`REARee
`SECTION
`§=66020
`Block
`120
`Lor
`COUNTY OR TOWN RICHMOND
`
`
`
`
`
`
`
`
`in the year 2004. ,
`day of OCTOBER
`Onthe 12
`before me, the undersigned, personally appeared
`JOSEPH DESTEFANO and SUSAN DESTEFANO
`
`» Personally known to me or proved to me on
`» personally known to me or proved to me on
`the basis of satisfactory evidence to be the individual(s) whose
`the basis of satisfactory evidence to be the individual(s) whose
`
`name(s} is (are)
`subscribed to the within instrument and
`
`name(s) subscribed to the within instrumenttandis (are)
`
`
`
`acknowledged ta me that he/sheflhey executed the sutic in
`acknowledged to me that he/she/they execuled the same in
`
`hisfher/their capacity(ies), and that by hissheherithele shsiefaluret
`ponfetertels capacily(ies), and that by bis/rer/theirsignature(s} on
`the
`indi
`
`prthe Instrument, the in ividual(s), or Whe perion on behalfof which
`the individuai{s) acted, executed the instrument,
`
`the individyat(s), or the personpe behalfafv
`
` SieuroperAsierarerr
`REEL2ZG10-8pase23g
`
`}ss.:
`{Complere Venue with State, Country, Province or Municipality}
`
`in the year
`day of
`On the
`before me, the undersigned, personally appeared
`
`'
`
`personally known ta me or proved to me on the basis of
`satisfactory cvidence to be the individual(s) whose aames(s) is
`{are) subscribed to the within instrument and acknowledged ta me
`that he/she/they executed the same in hissher/heir capacity(ics},
`that by his/hentheir
`signature{s) on
`the
`instrument,
`the
`individual(s), or the persan upon behalf ofwhich the individual(s)
`acted, execuded the instrament, and that such individual made
`such appearance before the undersigned in the
`(Insert the City or other political subdivision and the State or Country or
`other place the acknewledgment was iaten.)
`SCReaED
`i:
`|
`
`a:
`
`Dirtnbuend by
`
`Y Mapison Tire AGENCY LLC,
`1125 Ocean Avenue
`Lakewood, NJ 08701
`P: 212.808.9400
`F: 212.808.9426
`www.madisontitle.com
`
`co NY \0B12-~
`
`JOSEPH DESTEFANO and SUSAN
`—
`TO
`JOSEPH DESTEFANO,
`223 DOVER GREEN
`
`&
`
`a
`
`Recorded at Request of Madison Title Agency, LLC
`
`RETURN BY MAIL — OreDWOW
`
`
`

`

`
`
`
`
`| C2. Date Deed Lfonih Day Yeas
`
`
`Recorded
`:__| G4 Page |
`|
`|
`
`
`
`|
`
`
`HFOR Ciry USE ONLY
`[Ct. County Code
`
`103. Book ‘
`| OR
`i C5, CRFN |
`
`;
`
`2, Buyer
`Name
`
`
`
`
`
`
`
`
`
`REAL PROPERTY TRANSFER
`REPORT
`STATE OF NEW YORK
`STATE BOARD OF REAL PROPERTY
`SERVICES
`RP - §217NYC
` 1472
`
`
`
`
`LAST NAME TGOMPANT
`Indicate where fulure Tax Bills are to be sent
`if other thas: buyer address {at bottom of form)
`’
`
`|
`
`4. Tax
`Biling
`Address
`
`RSTAE
`
`TAB
`
`NAME
`
`JCSMPANY
`
`FIRST
`
`GTREET NUMBER AND STAEET NAME
`
`v4
`
`|
`
`Size
`
`§. Seller
`
`REL207-08pane23|
`
`cite OF TOWN
`
`SIATE
`
`ZIP CODE
`
`G{_lentertainment £Amusement
`HL[community Service
`
`1 AL_]inaustriat
`. SL_leuvic Service
`
`
`4. Indicatethe numberofAssessment
`44.Planning BoardApproval—N/AforNYC
`(V]
`Roil parcels transferred on the deed
`Part ofa Parcel
`| FofParces OR
`48. Agricultural District Notice— N/A far NYC
`4. Deed
`Check the boxes below a3 they apply:
`Property Le! xL_
`ORLd 6. OwnershipType is Condominium:
`Oo
`Pee
`YS.
`ACHES
`7. New
`ConstructiononVacantLand
`EF]
`ame
`SVEGRAS
`,
`:
`
`LAST NAME / COMPANY
`3.wiboxbelowwhichmostaccuratelydescribestheuseofthepropertyatthetlmeofsale:
`AL_]one Famity Residentiat
`Cl_Trestaeritiai Varant Land
`EL_|commestial
`BL| or 3 Family Residential
`D[L_]non-Resid phitial Vacant Land
`F[_Japartment
`
`
`
`[SALE INFORMATION|
` AT] Sale between Relatives or FosmerRolatives
`4. Sale Contract Date
`
`11. Date of Sale { Transfer
`
`BE] sate botween Related Companies or Partners In Business
`CE] oneof the buyers fs also a solfer
`po Buyeror Seller fs Government Agency or Lending Institution
`EC} deed type not Warranty or Bargain and Sate (Specify Betaw)
`DD
`42. Full SalePrice
`FLL] Sale ofFractionalor Lessthen Fee Interest(Specify Below)
`coi Significant Change In Property Between Taxable Status and Sala Dates
`(Full Sale Price Is the totat amount paid for the properly including persenal property,
`i
`i
`i
`This payment may be in tha fonn ofCash, other propertyof goods, of thaassumpticn
`la Sale ofB
`eas is included in Sale Price
`of mortgages o7 ether obligations) Please round fo fhe nearest whole dollaramount,
`nusual Factors Affecting Sale Price (Specify Below)
`w
`e
`:
`Jig?’
`None
`13, Indicate the value of.personal
`|
`é
`©
`ir
`
`
`
`
`” BUYER
`MyJ
`
`
`
`Meme 1 CCUfy that all of the items of information enteredonthis form are true andcorrect {to the
`
`af any wilHul false statementmaterial fact herein will subject mea
`to tha provisions oftie penal Iny ictative to the
`
`Toft my Knovdiedgn and belie} and | understand that the
`faking and filing of false insinumants.
`a
`BUYER'S ATTORNEY
`
`‘
`
`
`
`

`

`D3A1393
`
` bg a ¥ 93g 2602
`W793 Tae
`Oe
`RICHMONDCOUNTYCLERK
`OM NEETotalNumberofpagesindocument
`RECORDING uu ENDORSEMENTPAGE
`INCLUDING thispage> jn
`COUNTY OF RICHMOND
`This pase formspart OFthe iistrument
`Premises
`RECORD&
`Name Sy
`j _
`
`D3 VO Broo RETO}
`
`ETURN TO: Address Jak,
`SENG1031
`RanOe
`City/State/Zip
`
`itle ComponyBj Number
`LL—i]5=I
`
`Describe Document(s)
`
`Name &
`Address
`
`ZEZMNBOLOZY
`
`
`eaeedcyteah
`
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`
`. Extra Lot{s)
`
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`
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`
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`ee Z
`Exeinption
`a. Address~ p, TaxMap
`:
`’
`Verified By:
`Yes No
`c.LegalDescr_ Biko
`Hfyes.
`rnbitisssessteeseeescessesencteseceses,
`Type: [253]
`DwellingType:
`[1to3] (4to6] fover6}
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`.
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`Sag 3 =
`20126780 7
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`SP
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`
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`b. Extra Biock(s)
`
`~~ ds Extra Mortgage Cited
`
`oe
`
`

`

`
`
`
`
`
`
`,
`
`After recording please return to:
`IndyMac
`F.S.B. c/o Document
`Management.
`,
`Company Namal]
`
`REELZO10BPave233
`
`iName of Natural Parson}
`3465 E. Foothill Blvd.
`
`fStreat Addrass]
`Pasadena, CA 91107
`
`iCity, State Zip Code}
`
`
`{Space Above This Line For Racording Dataj
`
`MORTGAGE
` WORDS USED OFTEN IN THIS DOCUMENT
`
`October 12, 2004
`“Security Instrument.” This document, which is dated
`{A)
`_together with all Ridersto this document, will be called the “Security Instrument.”
`“""(B)
`“Borrower.” Joseph DeStefano
`
`1
`
`Island, N¥ 10312
`
`, whose address is 223 Dover Green, Staten
`;
`;
`.
`sometimes will be called “Borrower” and sometimessimply “T”or “me.”
`
`“MERS” is Mortgage Electronic Registration Systems, Inc. MERSis a separate corporation that is acting
`(€)
`solely as 2 sominee for Lender and Lender’s successors and assigns. MERS is organized and existing under the
`laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026,
`tel.
`(888) 679-MERS.
`FOR PURPOSES OF RECORDING THIS MORTGAGE, MERS 18 THE
`MORTGAGEE OF RECORD.
`
`(DB)
`
`“Lender.” IndyMac Bank, F.8.B., a federally chartered savings bank
`will be called “Lender.”
`Lender
`is a corporation or
`United States of America
`. Lender’s
`association which exists under the laws of
`address is
`155 North Lake Avenue, Pasadena, CA 91101
`
`“Note.” The note signed by Borrower and dated
`(E)
`will be called the “Note.” The Note shows that ]owe Lender
`NO/100ths
`plus interest and other amounts that may be payable.
`pay the debt in fullby
`November 1, 2034
`
`New York Mortgage-Single Family-Fannte Mae/Freddie Mec UNIFORM INSFRUMENT
`MERS Modified Form 3033 01/01
`==THE COMPLIANCE SOURCE, INC.—
`Poge 4 of 17 -
`LY 08/00 (Rey, 06403)
`wrew.complisncezource.com,
`TEa 2000,vetComplianceSouree,Inc.
`
`October 12, 2004
`two hundred forty thousand and
`)
`Dollars (U.8.$
`240,000.00
`I have promised to pay this debt in Periodic Payments and to
`
`’
`
`

`

`
`
`
`
`
`
`REEL?O1Grae234.
`
`“Property.” The property that is described below in the section titled “Description of the Property,” will
`{F)
`be called the “Property.”
`
`“Loan.” The “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late
`{G)
`charges duc under the Note, and all sums due under this Security Instrument, plus interest.
`
`“Sums Secured.” The amounts described below in the section titled “Berrower’s Transfer to Lender of
`te)
`Righis in the Property’ sometimes will be called the “Sums Secured,”
`
`“Riders.” All Riders attached to this Security Instrament that are signed by Borrower will be called
`@
`“Riders,” The following Riders are to be signed by Borrower foheck box as applicable]:
`
`Adjustable Rate Rider
`[| Balloon Rider
`in 1-4 Family Rider
`CJ Other(s) [s