FILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`FILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`NYSCEF DOC. NO. 53
`NYSCEF DOC. NO. 53
`
`INDEX NO. 135362/2023
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/02/2024
`RECEIVED NYSCEF: 05/02/2024
`
`
`EXHIBIT O
`EXHIBIT O
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:55 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 28NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/82/2024 09:55 B
`NYSCEF DOC. NO. 38
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`SUPREME COURTOF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`Index No. 135362/2023
`VERIFIED PRO SE
`ANSWER TO
`FORECLOSURE
`COMPLAINT AND
`COUNTERCLAIMS
`
`DEUTSCHE BANK NATIONAL TRUST COMPANY,
`AS TRUSTEE FOR AMERIQUEST pOTGono
`SECURITIES INC., ASSET-BACKED
`PASS-THROUGH CERTIFICATES, SERIES 2005-R7,
`
`V.
`
`Plaintiff,
`
`RENEE PUCCALA, ROBERT PUCCALA;
`PARKVIEW ESTATES HOMEOWNERS
`ASSOCIATION, INC.; NEWYORK CITY PARKING
`VIOLATIONS BUREAU; NEWYORK CITY TRANSIT
`ADJUDICATION BUREAU; SUSTAINABLE
`NEIGHBORHOODS LLC; MID-ISLAND MORTGAGE
`CORP.; CITIBANK,N.A.,
`
`“JOHN DOE #1” through “JOHN DOE#12,”the last
`twelve namesbeingfictitious and unknowntoplaintiff,
`the personsor parties intended being the tenants,
`occupants, personsor corporations, if any, having or
`claiming an interest in or lien upon the premises,
`described in the complaint,
`
`Defendant(s).
`
`Defendant Renee Puccala, Pro Se, answers the complaint in this proceeding as follows:
`
`I generally deny each allegation of the Complaint, including any allegation that Plaintiff is the
`
`ownerof the note and mortgage.
`
`I plead the following Defenses and Counterclaims:
`
`DEFENSES
`
`X Lack of Standing: Plaintiff, upon information and belief, was not the legal ownerof the note
`
`and/or mortgage, and did not otherwise havethe right to enforce the mortgage,at the time it
`
`commenced this foreclosure lawsuit and therefore lacks standing.
`1 of 6
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:55 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 28NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:55 B
`NYSCEF DOC. NO. 38
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`X 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.
`
`Predicate Notices/Conditions Precedent
`
`X Notice of Default: Plaintiff failed to comply with the requirements for the notice of default in
`
`my mortgage loan agreement, a condition precedentto this foreclosure action.
`
`X 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 precedentto this foreclosure action.
`
`X 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 precedentto this foreclosure action.
`
`X Help for Homeownersin 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 precedentto this foreclosure action.
`
`Real Estate Settlement Procedures Act
`
`X_ 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):
`
`X Within 45 days of my delinquency, the loan servicer did not send me a written notice
`2 of 6
`that included contact information for the servicer, a description of loss mitigation
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:55 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 28NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:55 B
`NYSCEF DOC. NO. 38
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`and a website listing housing counselors.
`
`38 2 2k A ok
`
`X Excessive Interest (NY Civil Practice Law and Rules § 5001(a)): Plaintiff has unreasonably
`
`delayedfiling 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).
`
`X Coronavirus Foreclosure Moratoriums/Forbearance and Loss Mitigation Programs:
`
`Plaintiff failed to comply with federal or New York State law requiring forbearance and loss
`
`mitigation programsfor borrowers affected or impacted by the Coronavirus pandemic,orit
`
`commencedthis action in violation of federal or New York State law imposing moratoriums
`
`on the commencementofresidential foreclosure actions, or otherwise in violation of any
`
`applicable Executive Order promulgated by the Governorof the State of New York or
`
`Administrative Orders promulgated by the Chief Administrative Judge of the State of New
`
`York.
`
`Equitable Defenses
`
`X Unclean Hands and/or Unconscionability: This action is barred by the doctrine of unclean
`
`hands and/or unconscionability for the following reason(s): My husband and I entered into a
`
`forbearance on my mortgage loan; sometime in July 2022 the servicer of my mortgage loan
`
`contacted us; my husband offered to resume making payments, but was told we had until
`
`September 2022 to resume payments. In September 2022, my husbandcalled the servicer of my
`
`mortgage loan and wastold that we werein arrears, our forbearance had expired, and they
`
`refused to accept our payments.
`
`X 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 andis barred
`
`from recovery in this action for the following reason(s): My husband andI entered into a
`
`forbearance on my mortgage loan; sometime in July 2022 the servicer of my mortgage loan
`
`contacted us; my husbandoffered to resume making payments, but was told we had until
`3 of 6
`
`September 2022 to resume payments. In September 2022, my husbandcalled the servicer of
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:55 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 28NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:55 B
`NYSCEF DOC. NO. 38
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`my mortgage loan and wastold that we were in arrears, our forbearance had expired, and
`
`they refused to accept our payments.
`
`COUNTERCLAIMS
`
`X 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.
`
`[REST INTENTIONALLY LEFT BLANK]
`
`4 of 6
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:55 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 28NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/82/2024 09:55 B
`NYSCEF DOC. NO. 38
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`VERIFICATION
`
`I, Renee Puccala, being duly sworn,state that the within Answeris true to the best of my
`knowledge, except as to those matters alleged upon information andbelief, which I believe to be
`true
`
`
`
`~ (Defendant’s Signature)
`
`Sworn to and subscribed before methis
`
`16C day of \ Junudtivey
`
` Notary Pu
`
`, 2024
`
`ARTHUR A. BURKLE
`Notary Public State of New York
`No. 01BU6273668
`as
`Qualified In Kings County
`Commission Expires January 28, 20_Z*
`
`5 of 6
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:55 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 28NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:55 B
`NYSCEF DOC. NO. 38
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`Wherefore, Defendant requests that the Complaint be dismissed; that judgmentin favor
`
`of Defendant be granted on Defendant’s counterclaimsin their entirety; that Defendant be
`
`granted costs and attorneys’ fees if he or she retains counsel; and that Defendant be granted any
`
`otherrelief allowed by law or equity as this Court shall deem just and proper.
`
`Dated: Staten Island, New York
`Luveare, (6, 20324
`
`Robert Puccala, Defendant oo (Defendant’s Signature)“oe SESee
`
`(Defendant’s Name)
`
`Renee Puccala
`
`(Defendant’s Address)
`
`156 Parkview Loop
`
`(Defendant’s Address)
`
`Staten Island, NY 10314
`
`(Defendant’s Telephone Number) P|
`
`X Prepared with the assistance of counsel admitted in New York.
`
`6 of 6
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:57 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 29NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:57 B
`NYSCEF DOC. NO. 39
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`Index No. 135362/2023
`VERIFIED PRO SE
`ANSWER TO
`FORECLOSURE
`COMPLAINT AND
`COUNTERCLAIMS
`
`DEUTSCHE BANK NATIONAL TRUST COMPANY,
`AS TRUSTEE FOR AMERIQUEST MORTGAGE
`SECURITIES INC., ASSET-BACKED
`PASS-THROUGH CERTIFICATES, SERIES 2005-R7,
`
`V.
`
`Plaintiff,
`
`RENEE PUCCALA, ROBERT PUCCALA;
`PARKVIEW ESTATES HOMEOWNERS
`ASSOCIATION, INC.; NEWYORK CITY PARKING
`VIOLATIONS BUREAU; NEWYORK CITY TRANSIT
`ADJUDICATION BUREAU; SUSTAINABLE
`NEIGHBORHOODSLLC; MID-ISLAND MORTGAGE
`CORP.; CITIBANK,N.A.,
`
`“JOHN DOE#1”through “JOHN DOE#12,”the last
`twelve namesbeingfictitious and unknownto plaintiff,
`the personsor parties intended being the tenants,
`occupants, persons or corporations, if any, having or
`claiming an interest in or lien upon the premises,
`described in the complaint,
`
`Defendant(s).
`
`
`Defendant Robert Puccala, Pro Se, answers the complaint in this proceeding as follows:
`
`I generally deny each allegation of the Complaint, including any allegation that Plaintiff is the
`
`ownerofthe note and mortgage.
`
`I plead the following Defenses and Counterclaims:
`
`DEFENSES
`
`X Lackof Standing: Plaintiff, upon information and belief, was not the legal ownerofthe note
`and/or mortgage, and did not otherwise have the right to enforce the mortgage, at the timeit
`
`commencedthis foreclosure lawsuit and therefore lacks standing.
`1 of 6
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:57 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 29NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:57 B
`NYSCEF DOC. NO. 39
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`X Foreclosure Cause of Action: Plaintiff has not pleaded that it owns the note and mortgage,
`
`whichis an elementof a foreclosure cause of action, andit therefore has failed to plead a
`
`foreclosure cause of action.
`
`Predicate Notices/Conditions Precedent
`
`X Notice of Default: Plaintiff failed to comply with the requirements for the notice of default in
`
`my mortgage loan agreement, a condition precedentto this foreclosure action.
`
`X 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 precedentto this foreclosure action.
`
`X 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 precedentto this foreclosure action.
`
`X Help for Homeownersin 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 precedentto this foreclosure action.
`
`Real Estate Settlement Procedures Act
`
`X Real Estate Settlement Procedures Act Early Intervention Requirement (12 C.F.R.
`
`§ 1024.39): Upon information andbelief, Plaintiff violated the early intervention
`requirements of the Real Estate Settlement Procedures Act because (check one or both if
`
`applicable):
`
`X Within 45 days of my delinquency, the loan servicer did not send me a written notice
`2 of 6
`that included contact information for the servicer, a description of loss mitigation
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:57 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 29NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:57 B
`NYSCEF DOC. NO. 39
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`and a website listing housing counselors.
`
`of 2k 2 ak 2 ok
`
`X 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
`
`otherdilatory 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).
`
`X 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,orit
`
`commencedthis action in violation of federal or New York State law imposing moratoriums
`
`on the commencementofresidential foreclosure actions, or otherwise in violation of any
`
`applicable Executive Order promulgated by the Governorof the State of New York or
`
`Administrative Orders promulgated by the Chief Administrative Judge of the State of New
`
`York.
`
`Equitable Defenses
`
`X Unclean Hands and/or Unconscionability: This action is barred by the doctrine of unclean
`
`hands and/or unconscionability for the following reason(s): I entered into a forbearance on my
`
`mortgage loan; sometime in July 2022 the servicer of my mortgage loan contacted me and I
`offered to resume making payments, but I was told I had until September 2022 to resume
`
`payments. In September 2022, I called the servicer of my mortgage loan and I wastold that I was
`
`in arrears, my forbearance had expired, and they refused to accept my payments.
`
`X 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): _I entered into a forbearance on my
`
`mortgage loan; sometime in July 2022 the servicer of my mortgage loan contacted me and I
`
`offered to resume making payments, but J was told I had until September 2022 to resume
`
`payments. In September 2022, I called the servicer of my mortgage loan and I wastold that I
`3 of 6
`
`wasin arrears, myforbearance had expired, and they refused to accept my payments.
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:57 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 29NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:57 B
`NYSCEF DOC. NO. 39
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`COUNTERCLAIMS
`
`X 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.
`
`[REST INTENTIONALLY LEFT BLANK]
`
`4 of 6
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:57 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 29NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/82/2024 02:57 B
`NYSCEF DOC. NO. 39
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`Wherefore, Defendant requests that the Complaint be dismissed; that judgment in favor
`
`of Defendant be granted on Defendant’s counterclaimsin 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.
`
`Dated: Staten Island, New York
`!
`/{
`, 2004
`
`Robert Puccala, Defendant Pro Se
`(Defendant’s Signature)
`
` feeb
`
`(Defendant’s Name)
`
`Robert Puccala
`
`(Defendant’s Address)
`
`(Defendant’s Address)
`
`156 Parkview Loop
`
`Staten Island, NY 10314
`
`(Defendant’s Telephone Number) P|
`
`X Prepared with the assistance of counsel admitted in New York.
`
`5 of 6
`
`

`

`
`FILED: RICHMOND COUNTY CLERK 01/22/2024 09:57 AMFILED: RICHMOND COUNTY CLERK 05/02/2024 12:11 PM
`
`NYSCEF DOC. NO. 29NYSCEF DOC. NO. 53
`
`
`
`INDEX NO. 135362/2023INDEX NO. 135362/2023
`
`
`
`RECEIVED NYSCEF: 01/22/2024RECEIVED NYSCEF: 05/02/2024
`
`FILED: RICHMOND COUNTY CLERK 05/02/2024 02:57 B
`NYSCEF DOC. NO. 49
`
`INDEX NO. 135362/2023
`RECEIVED NYSCEF: 05/82/2024
`
`VERIFICATION
`
`I, Robert Puccala, being duly sworn, state that the within Answeris true to the best of my
`knowledge, except as to those matters alleged upon information and belief, which I believe to be
`true
`
`(Defendant’s Signature)
`
`Sworn to and subscribed before methis
`
`| [74 day ofautey
`
`
`
`Notary Pu
`
`, 20 2Y
`
`ARTHUR A. BURKLE
`Notary Public State of New York
`No. 01 pusTSeee P -
`Quallfled In Kings
`Coun
`Commission Expires January 26, 202
`
`6 of 6
`
`