FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`®'52''
`*
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`FILED
`RECEIVED NYSCEF: 12/15/2021
`15 10;07:24 AM
`
`INDEX NUMBERS
`Saratoga County Clerk
`
`SUPREME
`COUNTY
`
`COURT OF THE
`OF SARATOGA
`
`STATE
`
`OF NEW YORK
`
`Wells
`
`Fargo Bank, N.A.,
`
`Plaintiff,
`
`-against-
`
`FORECLOSURE
`
`MORTGAGE
`COMPLAINT
`
`Index No.
`
`Date
`
`Filed:
`
`a/k/a Emily
`Califano
`Jane Califano;
`The United
`Emily
`of America
`of Housing
`through
`The Secretary
`acting
`Urban Development,
`said name
`"JOHN
`DOE",
`being
`it being
`of Plaintiff
`the intention
`to designate
`fictitious,
`and all occupants
`of premises
`foreclosed
`herein,
`being
`or entities,
`if any, having
`or
`corporations
`any parties,
`an interest
`or
`lien
`upon
`the mortgaged
`premises,
`claiming
`Defendants.
`
`States
`and
`
`any
`and
`
`The Plaintiff
`
`herein,
`
`by its Attorneys,Shapiro,
`
`DiCaro
`
`& Barak,
`
`LLC,
`
`compkins
`
`of
`
`the
`
`defendants
`
`above
`
`named,
`
`and for
`
`its cause of action,
`
`alleges
`
`that:
`
`First:
`
`The Plaintiff
`
`herein,
`
`at all
`
`times
`
`hereinafter
`
`mentioned
`
`was and still
`
`is a
`
`duly
`
`authorized
`
`National
`
`Assóciaticñ
`
`and having
`
`an office
`
`c/o 3476 Stateview
`
`Blvd, MAC#
`
`X7801-013,
`
`Fort Mill,
`
`South Carolina
`
`29715.
`
`FURTHER
`PLAINTIFF
`UPONINFORMATION
`
`ALLEGES
`AND BELIEF
`
`Second:
`
`The defendants
`
`set
`
`forth
`
`in Schedule
`
`"A"
`
`reside
`
`or have
`
`a place
`
`of
`
`business
`
`at
`
`the address
`
`set
`
`forth
`
`therein
`
`and are made
`
`dcfcadants
`
`in this action
`
`in the capacities
`
`therein
`
`alleged
`
`and for
`
`the purpose
`
`of
`
`foreclosing
`
`and extinguishing
`
`any other
`
`right,
`
`title
`
`or
`
`interest
`
`said defêñdants
`
`may have
`
`in the subject
`
`premises.
`
`14-038653
`
`1 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`Third:
`
`The United
`
`States
`
`of America,
`
`The People
`
`of
`
`the State of New York,
`
`The
`
`State Tax Cenission
`
`of
`
`the State of New York,
`
`the Industrial
`
`Commissioner
`
`of
`
`the State of
`
`New York
`
`and all other
`
`agencies
`
`or
`
`instr-mentalities
`
`of
`
`the Federal,
`
`State or
`
`local
`
`gcvemment
`
`(by whatever
`
`name
`
`designated)
`
`if made
`
`parties
`
`to this action
`
`and if appearing
`
`in Schedule
`
`"B",
`
`are made
`
`parties
`
`solely
`
`by reason
`
`of
`
`the interest
`
`set
`
`forth
`
`in Schedule
`
`"B"
`
`and for no other
`
`reason.
`
`Fourth:
`
`.Heretofore,
`
`the defendâñt(s),
`
`Emily
`
`Jane Califano,
`
`for
`
`the purpose
`
`of
`
`securing
`
`to Wells
`
`Fargo Bank, N.A.,
`
`its successors
`
`and assigns,
`
`duly made
`
`a certain
`
`adjustable
`
`or
`
`fixed
`
`rate note
`
`(Home
`
`Equity
`
`Conversion
`
`instrument),
`
`wherein
`
`and whereby
`
`they
`
`bound
`
`themselves,
`
`their
`
`heirs,
`
`executors,
`
`admini
`
`trators
`
`and assigns,
`
`and each and every
`
`one of
`
`them,
`
`and severally,
`
`in the amount
`
`of said sum of money,
`
`all as more
`
`fully
`
`appears
`
`together
`
`with
`
`jointly
`
`the terms
`
`of
`
`repayment
`
`of said sum or
`
`rights
`
`of Wells
`
`Fargo Bank, N.A.,
`
`its successors
`
`and
`
`assigns,
`
`in said bond,
`
`note or other
`
`instrument,
`
`a copy
`
`of which
`
`is attached
`
`hereto
`
`and made
`
`a
`
`part hereof.
`
`Fift]r
`
`As security
`
`for
`
`the payment
`
`of said indebtedness,
`
`a Home
`
`Equity
`
`Conversion
`
`M.ortgage
`
`was executed
`
`in the sum of $243,000.00,
`
`acknowledged
`
`and delivered
`
`to
`
`Wells
`
`Fargo Bank, N.A.
`
`recorded
`
`in the Saratoga
`
`County
`
`Clerk's
`
`Office
`
`on scbruary
`
`22, 2007,
`
`in
`
`Instrument
`
`Number:
`
`2007007401,
`
`wherein
`
`and whereby
`
`the mortgagor(s)
`
`named
`
`therein
`
`mortgaged,
`
`bargained,
`
`granted
`
`an interest
`
`in and/or
`
`sold to the mortgagee,
`
`its successors
`
`and
`
`assigns,
`
`the premises
`
`more
`
`particularly
`
`described
`
`therein,
`
`hercinafter
`
`called
`
`"mertgaged
`
`premises",
`
`under
`
`certain
`
`conditions
`
`with
`
`rights,
`
`duties
`
`and privileges
`
`between
`
`or among
`
`them as
`
`more
`
`fully
`
`appears
`
`in said mortgage,
`
`a copy
`
`of which
`
`is attached
`
`hereto
`
`and made
`
`a part hereof.
`
`14-038653
`
`2 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`Sixth:
`
`Heretofore,
`
`the defendant(s),
`
`Emily
`
`Jane Califano,
`
`also executed
`
`a Home
`
`Equity
`
`Conversion
`
`Loan Agreement,
`
`more
`
`commonly
`
`known
`
`as a "Reverse
`
`Mortgage
`
`Agreement",
`
`which
`
`required
`
`the lender
`
`to pay the sums
`
`secured
`
`by the Home
`
`Equity
`
`Conversion
`
`Mortgage
`
`on a periodic
`
`basis,
`
`instead
`
`of
`
`in one lump
`
`sum at
`
`the time
`
`the loan
`
`documents
`
`were
`
`executed.
`
`The Home
`
`Equity
`
`Conversion
`
`Mortgagc
`
`and Agreement
`
`provided
`
`that
`
`the Lender may
`
`require
`
`immediate
`
`paymcat
`
`in full
`
`of all sums
`
`secured
`
`if Emily
`
`Jane Califano
`
`ceases
`
`to occupy
`
`the subject
`
`premises
`
`as her principal
`
`residence.
`
`In this
`
`case the 30 Day Repayment
`
`Demand
`
`for
`
`Non-Occupancy
`
`was dated
`
`and mailed
`
`August
`
`26, 2014.
`
`Seventh:
`
`The Plaintiff
`
`is the current
`
`owner
`
`and holder
`
`of
`
`the subject
`
`Home
`
`Equity
`
`Conversion
`
`Mortgage
`
`and Note
`
`and therefore
`
`has the authority
`
`to ir:stitute
`
`a mortgage
`
`foreclosure
`
`action.
`
`Eipith:
`
`Conversion
`
`Mortgage
`
`recorded
`
`The Home
`
`Equity
`
`was duly
`
`and the
`
`mortgage
`
`tax due thereon
`
`was duly
`
`paid
`
`on the recorded
`
`instrument
`
`in the-proper
`
`County
`
`Clerk's
`
`Office
`
`at
`
`the place
`
`and time which
`
`appears
`
`thereon.
`
`Ninth:
`
`Although
`
`Plaintiff
`
`advanced
`
`the monies
`
`required
`
`pursuant
`
`to the Home
`
`Equity
`
`Conversion
`
`Loan Mortgage
`
`and Agreement,
`
`Emily
`
`Jane Califano
`
`has/have
`
`failed
`
`and
`
`negiccted
`
`to comply
`
`with
`
`the conditions
`
`of
`
`the Home
`
`Equity
`
`Conversion
`
`Mortgage,
`
`Agreement
`
`and note by omining
`
`and failing
`
`to comply
`
`with
`
`the terms
`
`and provisions
`
`of
`
`the said instruments
`
`to either
`
`occupy
`
`the subject
`
`premises
`
`or
`
`to pay the bâ!ance
`
`due upon
`
`expiration
`
`period
`
`of notice
`
`of default
`
`for non-accupancy.
`
`The default
`
`has continued
`
`beyond
`
`the applicable
`
`grace
`
`period
`
`set
`
`forth
`
`in the Note, Home
`
`Equity
`
`Conversion
`
`Mortgage
`
`and Agreement
`
`and by reason
`
`thereof,
`
`Plaintiff
`
`has elected
`
`and hereby
`
`elects
`
`to declare
`
`immedietely
`
`due and payable
`
`the entin:unpaid
`
`balance.
`
`14-038653
`
`3 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`Tenth:
`
`By reason
`
`of
`
`the foregoing,
`
`there
`
`is now due and owing
`
`to the plaintiff
`
`upon
`
`said Note, Home
`
`Equity
`
`Conversiõñ
`
`Mortgage
`
`and Agrement,
`
`the unpaid
`
`principal
`
`balance
`
`set
`
`forth
`
`in Schedule
`
`C, and such other
`
`fees,
`
`costs,
`
`late charges,
`
`and interest,
`
`the reunt
`
`of which
`
`will
`
`be determined
`
`by the Court.
`
`Eleventh:
`
`The Home
`
`Equity
`
`Conversion
`
`Mortgage
`
`provides
`
`that,
`
`in the case of
`
`foreclosure,
`
`the martgaged
`
`premises
`
`may
`
`be sold
`
`in one parcel
`
`Twelfth:
`
`The Plaintiff
`
`shall
`
`not be deemed
`
`to have waived,
`
`altered,
`
`released
`
`or
`
`changed
`
`the election
`
`hcrciabéfüre
`
`made
`
`by reason
`
`of
`
`the payment
`
`or performance,
`
`after
`
`the date
`
`of
`
`the commencement
`
`of
`
`this
`
`action,
`
`of any or all of
`
`the defaults
`
`mcaticned
`
`herein;
`
`and such
`
`election
`
`shall
`
`ccñtiñüe
`
`and remain
`
`effective
`
`until
`
`the costs
`
`and disbursements
`
`of
`
`this action,
`
`and
`
`all present
`
`and futum defaults
`
`under
`
`the Note
`
`and Home
`
`Mortgage
`
`and
`
`Equity
`
`Conversion
`
`Agreement
`
`and occurriñg
`
`prior
`
`to the discontinuance
`
`of
`
`this
`
`action
`
`are fully
`
`paid
`
`and cured.
`
`Thirteenth:
`
`Pursuant
`
`to the Fair Debt Collection
`
`Practices
`
`Act,
`
`this action may
`
`be
`
`deemed
`
`to be an attempt
`
`to collect
`
`a debt,
`
`on behalf
`
`of Plaintiff.
`
`Any
`
`information
`
`obtaiñcd
`
`as a
`
`result
`
`of
`
`this
`
`action will
`
`be used for
`
`that purpose.
`
`Fourteenth:
`
`If
`
`the subject
`
`Note
`
`and Home
`
`Equity
`
`Conversion
`
`Mortgage
`
`fall within
`
`the
`
`prescribed
`
`definition
`
`of a subprime
`
`home
`
`loan or high-cost
`
`home
`
`loan as identified
`
`under
`
`section
`
`six-1 or six-m of
`
`the New York
`
`State Banking
`
`Law,
`
`then Plaintiff
`
`has camplied
`
`with
`
`all
`
`the
`
`provisions
`
`of section
`
`five-hundred
`
`ninety-five
`
`of
`
`the New York
`
`State Banking
`
`Law and any rules
`
`and regulations
`
`promüigated
`
`thereunder,
`
`section
`
`six-l
`
`or six-m of
`
`the New York
`
`State Banking
`
`Law and section
`
`thirteen
`
`hunded
`
`four
`
`of New York
`
`State Real Property
`
`Actions
`
`and
`
`Proceedings
`
`Law (RPAPL).
`
`14-038653
`
`4 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`4
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`Fifteenth:
`
`Upon
`
`infcimatioñ
`
`and belief,
`
`Plaintiff
`
`has complied
`
`with
`
`the provisions
`
`of
`
`RPAPL
`
`§ 1306,
`
`if applicable.
`
`WHEREFORE,
`
`plaintiff
`
`demands
`
`judgment:
`
`(a)
`
`Adjüdgiñg
`
`and decreeing
`
`the amounts
`
`due the plaintiff
`
`for principal,
`
`interest,
`
`costs,
`
`and reasonab!e
`
`attorney's
`
`fees,
`
`if and as provided
`
`for
`
`in the said mortgage;
`
`(b)
`
`That
`
`the defendants
`
`and all persons
`
`e!d+g
`
`by,
`
`through
`
`or under
`
`them,
`
`or either
`
`or any of
`
`them,
`
`subsequent
`
`to the commencement
`
`of
`
`this action
`
`and every
`
`other
`
`person
`
`or
`
`coranration
`
`whose
`
`right,
`
`title
`
`conveyance
`
`or encümbrance
`
`is subsequent
`
`to or subsequently
`
`recorded,
`
`may
`
`be barred
`
`and forever
`
`foreclosed
`
`of all
`
`right,
`
`claim,
`
`lien,
`
`or
`
`interest,
`
`or equity
`
`of
`
`redemption
`
`in and to said mortgaged
`
`premises;
`
`That
`
`the said mortgaged
`
`or such part
`
`thereof
`
`to
`
`(c)
`
`premises,
`
`as may
`
`be necessary
`
`raise the ëñessu
`
`then due for principal,
`
`interest,
`
`costs,
`
`reasonable
`
`attorney's
`
`fees, allowances
`
`and
`
`disbursements,
`
`tegether
`
`with
`
`any monies
`
`advanced
`
`and paid, may be decreed
`
`to be sold according
`
`to law;
`
`(d)
`
`That
`
`out of
`
`the monies
`
`arising
`
`from the sale thereof,
`
`the plaintiff
`
`may
`
`be paid the
`
`amounts
`
`then due on said bõñd/nate
`
`and Home
`
`Equity
`
`Conversion
`
`Mortgage
`
`and agreement
`
`and
`
`any sum which may
`
`have been paid by the plaintiff
`
`to protect
`
`the lien
`
`of plaintiffs
`
`mGrtgage
`
`as
`
`herein
`
`set
`
`forth, with
`
`interest
`
`upon
`
`said amoüñts
`
`from the dates of
`
`the respective
`
`payments
`
`and
`
`advañces
`
`thereof,
`
`the costs
`
`and expenses
`
`of
`
`this action,
`
`additicñal
`
`allowance,
`
`if any, and
`
`reaseñabic
`
`atterney's
`
`fees,
`
`if and as provided
`
`for
`
`in the mortgage,
`
`rider
`
`or other
`
`agreement,
`
`so far
`
`as the ana0üüt
`
`of such money
`
`properly
`
`applicable
`
`thereto
`
`will
`
`pay the same;
`
`14-038653
`
`5 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`(e)
`
`That
`
`either
`
`or any
`
`of
`
`the
`
`parties
`
`to this
`
`action
`
`may
`
`become
`
`a purchaser
`
`upon
`
`such
`
`sale;
`
`(f)
`
`That
`
`this Court
`
`forthwith
`
`appaint
`
`a Receiver
`
`of
`
`the
`
`rents
`
`and
`
`profits
`
`of
`
`said
`
`premises
`
`with
`
`the
`
`usual
`
`powers
`
`and
`
`duties;
`
`(g)
`
`That
`
`the United
`
`States
`
`of America
`
`shall
`
`have
`
`the
`
`right
`
`of
`
`redemption,
`
`if
`
`applicable;
`
`have
`
`such
`
`other
`
`or
`
`further
`
`in the
`
`(h)
`
`That
`
`the plaintiff
`
`may
`
`relief,
`
`or both,
`
`premises
`
`as
`
`may
`
`be just
`
`and
`
`equitable.
`
`Plaintiff
`
`specifically
`
`reserves
`
`its right
`
`to share
`
`in any
`
`surplus
`
`monles
`
`arising
`
`from
`
`the
`
`sale
`
`of
`
`subject
`
`premises
`
`by
`
`virtue
`
`of
`
`its position
`
`as a judgment
`
`or other
`
`lien
`
`creditor
`
`excluding
`
`the
`
`mortgage
`
`being
`
`foreclosed
`
`herein.
`
`Dated:
`
`December
`
`31,
`
`2014
`
`ann,
`
`Esq.
`
`E. Kolkrf
`Karl
`Associate
`
`Attorney
`DICARO
`for Plaintiff
`
`& BARAK,
`
`LLC
`
`Boulevard
`Crossing
`NY 14624
`Rochester,
`247-9000
`File No.
`
`14-038653
`
`SHAPIRO,
`Attorneys
`175 Mile
`
`(585)
`Our
`
`14-038653
`
`6 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`SCHEDULE
`
`A - DEFENDANTS
`
`DEFENDANTS
`
`CAPACITY
`
`Califano
`Emily
`712 Swaggertown
`Scotia, NY 12302
`
`a/k/a Emily
`Road
`
`"JOHN
`
`DOE"
`
`Jane Califano
`
`Owner
`Note
`
`February
`2007007401,
`
`and criginal
`record
`of
`by the Mortgage
`secured
`in Instrument
`22, 2007,
`foreclosed
`being
`
`under
`on
`
`obligor
`recorded
`Number:
`herein.
`
`the
`
`it being
`Said name
`the
`fictitious,
`being
`any and all
`of Plaintiff
`to designate
`intention
`persons
`or corporations,
`tenants,
`occupants,
`lien
`in or
`or claiming
`an interest
`any, having
`herein.
`upon
`the premises
`foreclosed
`being
`
`if
`
`14-038653
`
`7 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`SCHEDULE
`
`B-DEFENDANTS
`
`DEFENDANTS
`
`CAPACIIX
`
`States
`of America
`The United
`acting
`of Housing
`and
`through
`The Secretary
`Urban Development
`Street SW
`451 Seventh
`DC 20410
`Washington,
`
`Sübordinate
`recorded
`Number
`
`mortgagee
`on February
`2007007402
`
`by virtue
`of a Mortgage
`in Instrument
`22, 2007
`of Mortgages.
`
`8 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`SCHEDULE
`
`C
`
`MORTGAGE
`
`INFORMATION
`
`l. Original
`Home
`
`Amount
`
`Equity
`
`of Bond/Note/
`Conversion
`
`Loan Agreement
`
`2. Default
`
`date
`
`3. Principal
`
`balance
`
`owing
`
`AMOUNT
`
`DUE
`
`$243,000.00
`
`July
`
`10, 2014
`
`$110,026.00
`
`4.
`
`Interest
`
`pursuant
`
`to the terms
`
`of
`
`the Note
`
`To Be Calculated
`
`at Judgmeñt
`
`5,
`
`Interest
`
`Rate at
`
`time
`
`of Default
`
`Date
`
`1.59%
`
`6. Advanced
`
`by Plaintiff
`
`To Be Calculated
`
`at Judgment
`
`*
`
`Interest
`Agreement
`proper
`of 9.00%
`
`continue
`will
`contract
`rate,
`Clerk's
`Off
`
`to the terms
`pursuant
`to accrue
`a Judgment
`of Foreclosure
`until
`time the iñtcr
`si
`ice, at which
`
`County
`
`of
`
`Conversion
`the note and Home
`Equity
`and Sale has been entered
`in the
`the legal
`rate will
`be calculated
`at
`
`rate
`
`(14-038653)
`
`14-038653
`
`9 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44P
`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`
`NYSCEF DOC. NO. 5
`5
`NYSCIEF DOC. NO.
`
`IND!
`EX NO. 20157
`INDEX NO. 20157
`
`12/15/2021 .
`
` EIV.
`ED NYSCEF:
`RECEIVED NYSCEF: 12/15/2021
`
`
`
`D
`SCHEDIJLE
`SCHEDULED
`
`NONE
`NONE
`
`10 of 33
`10 of 33
`
`(14-038653)
`(14-038653)
`
`14-038653
`14-03 8653
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`SQAMS361N.YDEE0-fyscutoss
`
`asiowntson
`
`summvec
`
`Made the
`and
`Hundrut
`
`26
`stnmcy-es.
`
`1 \
`
`re e.
`
`dmj of
`
`0F
`
`M.
`
`dr1
`Between
`
`MICHAEL A. CAL1FANO.
`MICilAEL A. CALIFANO,
`
`of Ohio ,
`
`Infnirtswqf
`, inte of
`atut
`
`Nineteen
`REDA B. BRYANT,
`GS
`Sirix
`Oft}NT imttiteQf
`tkCEGh®tWill a,nd hstavnent
`of
`In the State
`Franklf.n County
`deceased,
`party
`ofthejirst1×trt,
`EMILY JANE CALIFANO, eneiding
`at 7t2 Swaggertown Road, Scotia,
`New York 12302,
`and as che surviving
`spouse of L1BERATOARTHtfR CALIFANO,
`indfwidual.1y
`second )wsrt:
`1/×Lrty
`ofthe
`the poter
`flm arst utrt,
`inj virtue
`and
`of
`of
`t te saidlost
`in am lqj
`Will and 'ntstament,
`
`t)te party
`Witnesseth,That
`her
`to
`authority
`and in consideration
`of
`ONE AND W0/100-----------------------------------------------------
`(3 1.00--------)
`qftim (Jnital
`latyfklt)to7tetj
`valuable
`consideration
`paid
`ty;
`do es
`hereby grant
`and release unto the party
`
`givest
`
`and other
`good and
`States,
`the
`the secemal
`rty
`jusrt,
`of
`her het rs,
`q tiw secemd part,
`a7td assignsJinner
`
`; all
`
`THAT TRACT PlECE OR PARCCLOF LAND, with
`
`and Improvementh
`
`therton,
`
`and State
`
`sitant.e.
`
`lytag
`ofNew York,
`
`follows:
`- which point
`
`margin
`
`of
`
`and being
`being more particularly
`on the Easterly
`COMMENCENGat a point
`from the place where the southerly
`of Joseph W. Fush adjoins
`the northerty
`S. A1°
`renine
`
`the building
`in the Town of Charlton,
`
`County of Saratoga,
`
`bounded and described
`
`as
`
`line
`
`of Swaggertown Road,
`
`is dist ant 260.0
`
`f ect
`
`southerly
`
`the lands now cr
`forcerly
`tands now m rorwrly
`r½nce
`L Knanr..
`of sarah
`thence S. 90 7' W. 157.4 feoc
`the lands now or
`of vot•1stei
`
`maritin
`the
`of
`57• E. 451.3
`
`feet
`
`to a point:
`
`boundary
`
`of
`
`forencrty
`
`in the
`to a r•oint
`thence N. 820 5U
`
`line
`
`of
`
`the lands
`
`now or
`
`tomerly
`
`of Voelmte
`
`northerly
`W. along
`451.3
`
`feet
`
`fact
`
`1css.
`
`the easterty
`to the point
`
`line
`
`the northerly
`
`boundary
`
`of Swaggertown Head;
`line
`on the casterly
`to a point
`of Swaggertown Road, 11. 90 34' F..
`or place
`the aforesaid
`of beginning
`
`thence
`
`for
`
`a distance
`
`of
`
`along
`
`t57.4
`
`being
`
`dimensions more or
`
`BEINC the same premises
`
`H. Geertsen,
`
`his wife,
`
`ami
`
`recorded October
`
`2J,
`
`conveyed by John T. Ceertson
`by deed dated October
`A. Califano
`to Michael
`1979 in Itook 100t of Deeds 4 Pogu 45.
`
`and Lillian
`
`19, 1979
`
`This
`
`convepnce
`
`is made subject
`
`to all
`
`valid
`
`and enforceable
`
`coven.mts,
`
`onditions,
`
`easenxnts.
`
`rest
`
`rictions
`
`and goning
`
`ordinancm
`
`at teu ing
`
`the premises.
`
`The said Miclwel
`
`A. C.1lifann
`
`died co July 20, 1989,
`
`.a rur.iden
`
`of
`
`Yranklin
`_..__
`
`County
`-..--.-
`
`in the State
`
`of Ohio.
`
`I.14Y2 7 .993
`
`couiv«
`
`358tsot
`
`630
`
`11 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`.
`
`\
`
`m a
`TMs ceweyance
`is m.W we «cep:es
`-.mon-s: by
`wbpt
`inactneums
`a emort.gpg* upon sale premises. held by NORTHEASTSAVINCS. F.A.,
`successor
`to
`SOWNU‡TAL)YSAVINC5 HANK.
`in the $aratoga County Circk's
`which rrortgage was recorded
`on rhe
`OfCtte,
`to Sook 7% Of Nortgages <K. paF
`day of ÚCtchot
`200. On Which there
`, 1919.
`of EIClrICUN THOUSANDF1VC HONDRICDFORTYAND 84/t00-------
`an mtpaid principal
`witlu intemt
`the r.*re of
`froms March t
`($16,540a4-J,
`·1t
`, 1993.
`Dojiars,
`per annwn. which said raortgqa
`ten
`the second part
`percent
`the parttes
`of
`debt
`hereby assuar aof agree to pay, as part of
`the purch:sse price
`the above
`of
`described
`of
`and the puties
`the necond part. hereby owecute and
`premises,
`M.knowledge thb
`the purpose of <.omplying with
`Instrument
`for
`the provisions
`the Cer£ral Obligations
`Law, Ect,tion M05,
`and also au the estate which the saki 1bstatue
`T
`ether with the appurtenances,
`had at t
`time qf
`therein, which
`in said prernises, And also theestate
`decease,
`rst part ha a
`tehether
`or had
`the
`to convey or dispose of
`porcer
`qf said Wiu or outerwise.
`i
`ividuauy,
`unto dw part >
`of the second part,
`the premises herein granted
`Tohaveand
`her he i rs
`and assignsforem
`
`la
`
`of
`
`ofthef
`or by virtue
`tohold
`
`SUBJECT
`
`to the Trust
`
`Fund provisions
`
`of Section
`
`Thirteen
`
`of
`
`the Lien Law.
`
`And the part y
`ar sufered
`a•ythir.g
`whaterm
`
`rst part coter.ar:¢.at
`of thef
`the said premises
`han
`
`has
`she
`been incumbered
`
`not done
`in any smy
`
`whereby
`
`In Witness Whereof,
`and seal
`
`hand
`
`rst part ha s
`qf Ow f
`the party
`abow written
`the day and year qf first
`
`her gunto set
`
`. CALI.FAND
`
`Deceased
`
`State of onm-
`-
`F½HF11N
`of
`County
`the subscriber,
`beibew me,
`
`On fria
`ceh
`8®® Nineteen Hund red and
`appeared
`persemally
`tREDA B. BRYANT.
`MICHAíit A. CALIFANO,
`qf the tast Wiu and Testament
`qf
`
`d az of
`.;a
`ac t Y"WiP× three
`
`the Executor
`
`go me
`and
`
`'
`
`Add pr
`
`ihe
`
`O
`
`uy known and knenon to me to he the same person
`du Ly
`she
`ated
`the within
`instrismerg
`at.ecuted the same as such Execut
`me that
`she
`thenin mentioned.
`
`in
`described
`as qfore-
`
`ri x
`
`JACQUEUNES.GUISINGER
`NotaryPublic,StatectONo
`e-28-94
`uv com9*sion E×*n
`
`htoc4
`
`coomg e
`
`note1358
`
`69t
`
`12 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`CERTJF!CATION
`as
`
`AHORNEY'S
`Pursuant
`to Seelion
`Civil Praclice
`Law and
`admilled
`to prachce
`n tW co
`State, hereby
`cer Wy that
`t
`copy has b
`compared
`by me with me on
`tru
`and cornplete
`copy
`
`ADJUSTABLE
`EQUITY
`(HOME
`
`RATE NOTE
`CONVERSION)
`FHA Casu No
`
`FEBRUAR1ro2 , 2007
`712 SWAGGRRTONNRoAD
`SCOTIA, N1r 123o2
`
`IFropertyAddressi
`1. DEFINITIONS
`"Borrower" means each person signing at the end of this Note. "Lender" means
`WEtJ,S FARGDBANK, LA,
`and its successors and assigns. "Secretary" means the Secretary of Housing and
`Urban Development or his or her authorized representatives.
`2. BORROWER'S PROMISE TO PAY: INTEREST
`In retum for amounts to be advanced by Lender to or ror the benefit of Borrower under the
`o2/02/07
`terms of a Horne Equity Conversion Loan Agreernent dated
`(*Loan
`Agreement"L Borrower promises to pay to the order of Lander a principal amount equal to the sum
`of all Loan Advances made under the Loan Agreement with interest. All amounts advanced by
`,2076
`if not paid earlier. are due and payable onAUGtIST 15TB
`Lander, plus interest,
`laterest will be charged on unpaid principal at the rate ofSIE AND 600/1000
`6 ,600 %) per year until the full amount of
`percent (
`principal has been paid. The interest rate may change in accordance with Paragraph 6 of this Note.
`Accrued Interest shall be added to the principal halance as a Loan Advance at the ond of cach
`month.
`3. PROMISETO PAY SECURED
`Borrower's promise to pay is secured by a mortgage, deed of trust or similar security kame=
`that is dated the same date as this Note and caued the "security instrument." That Security
`instrument protects the Lander from losses which might result if Borrower defaults under this Note.
`4. MANNER OF PAYMENT
`(A) Time
`8orrower shall pay aUoutstanding principal and accrued interest
`to Lander upon receipt of a
`notice by Lendes requiring immediate payment Itt fult as provided in Paragraph 7 of this Note.
`(B) Place
`Payment shall be made stWELLS PARGOBANK, N.A.
`3480 STATEVIEW BLVD. NAC X7802-03B
`B00 -472-32D9
`se 2 9715 -7203
`PORT MILL,
`place as Lender ma designate in writing by notice to Borrower.
`(C) Limitation of Li
`ility
`Borrower shall have no personal liabinty for payment of the debt. Leader shaN enforce the
`It this
`("Property"i.
`debt only through safe of the Property covered by the Security instrurnent
`the Borrower shall not be liable for any difference hetween
`Note is assigned to the Secretary,
`the mortgage insurance benefits paid to Lender and the outstanding Mdebteda=as, including
`accrued mterest, owed by Borrower at the time of the assignment.
`G. INTERESTRATE CHANGES
`(A) Change Date
`The interest rate may chan P On the first day of MAir 2007
`, and on
`day of each succeeding year
`x the first day of each seceedim) month. *Change Date
`means each date on which the interest rate could change.
`(B) The Index
`Beginning with the first Change Date, the interest rate will be based on an Index. "Index"
`means the weekly average-yield on United States Treasury Securities adjusted to a constant
`Index" means
`motority of one year, as made available by the Federal Reserve Board."Current
`the most recent Index figure available 30 days before the Change Date. If the Index tas defined
`above) is no longer availaise, Londer will use as a new Index any index prescribed by the
`Secsetary. Lender will give liorrower notice of the new Index.
`IC) Calculation of interest Rate Changes
`Before each Change Date, Lender will calculate a new interest rate by adding a margin of
`ONE AlrD ONE-HA12
`1-500 %)
`pert‡entagepoints (
`to the Current Index. Subject to the iimits stated in Paragraph 5(D) of this Note,
`this amount will
`be the new interest rate until
`the next Change Date.
`on Interest Rate Changes
`(D)
`The interest rate will never increase or decrease by more than two percentage points
`(2,
`) on any single Change Date. The interest tete will never be more than five percentage
`points (5.0%l higher or lower then the initial
`interest rate stmed in Paragregh 2 of this Note.
`The interest eate will never increase above szXTEEN AND 600/1000
`16 ,6e0 %L
`percent (
`(E) Nodce of Changes
`Lender will give notice to Elorrower of any change in the interest rate. The notice must be
`given at least 26 days before the new interest rate takes effect, and must set forth til the date
`of the notice, (ill the Change Date, {ûil the old Interest rate. livl
`the new interest rate. (v) the
`Current Index and the date (t was published. (vi) the method of calculating the adjusted interest
`rBle, and lvii) any other M^*---W.
`which may be required by law frofn tirne to tirne.
`
`, or any such other
`
`that
`
`NMR.see12IOAMU)Revostoef2oo$
`3oXA:oefo4
`
`Page1of 3
`
`13 of 33
`
`

`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`(F) Effectlwe Date of Chenaes
`A new Interest rate calculated in accordance with paragraphs 6{C) and 51D) of this Note will become
`effective on the Change Date, unless the Change Date occurs less than 25 days after 1.enderhas given
`the required notice.
`If the interest rate calculated in accordance with Paragraphs 5(C) end 6(D) of this
`Note decreased, but Lander failed to give timely notice of the decrease and spplied a higher rate than
`the rate which should have been stated in a timely notice, then Lander shan recalculate the principal
`balance owed under this Note so it does not reflect any excessive interest.
`6. BORROWER'SRIGHT TO PREPAY
`A Borrower has the right to pay the debt evidenced by this Note, in whole or In part, without charge or
`penalty. Any amount of debt prepald wHi first be applied to reduce the principal balance of the Second Note
`described In Paragraph 11 of this Note and then to reduce the principal balance of this Note.
`All prepayments of the principal balance shab be applied by Lender as follows:
`fif.EL to that portion of the principal balance representing aggregate payments for mortgage
`insurance premiums;
`to that portion of the principal balance representing aggr
`to payments for servicing fees;
`to that portion of the principal balance representing accrued
`torest due under the Note: and
`to the remaining cortion of the principal balance. A Borrower may specify whether a
`prepayment is to be credited to that portion of the principal balance representing monthly payments
`or the line of credit.
`if Borrower does not designate which portion of ine principal balance is to be
`prepaid, Londer shall apply any partial prepayments to an existing line of credit or create a new line
`of credit
`7. IMMEDIATE PAYMENT IN FULL
`(A) Death or Sale
`Lender may require immediate payment in full of all outstanding principal and accrued interest
`if:
`(1)A Borrower dies and the Property is not the principal residence of at least one surviving Borrower,
`Or
`(il) AII of a Borrower's title in the Property (or his or her beneficial
`interest
`in a trust owning all or
`rt of the Property) is sold or otherwise transferred and no other Barrower retains title to the
`operty in fee simple or retains a leasehold under a lease for less than 99 years which is renewable
`or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday
`in a trust with
`of the youngest Borrower or retains a life estate (or retaining a beneficial
`interest
`such an interest
`in the Property).
`(B) Other Grounds
`Lander may require Immediate payment in full of all outstanding principal and accrued interest, upon
`approval by an authorized representative of the Secretary, it:
`(i) The Property ceases to be the principal residence of a Borrower for reasons other then death and
`the Property is not the principal residence of at least one other Borrower;
`(ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the
`Property necause of physical or mental illness and the Property is not the principal residence of at
`least one other Borrower; or
`liii) An obligation of the Borrower under the Security Instrument
`is not performed.
`(C) Payment of Costs and Expenses
`If Lander has required immediate payment in full as described above, the debt enforced through sale
`of the Property may include costs and expenses, including reasonable and customary attorneys'
`fees,
`associated with enforcement of this Note to the extent not prohibited by applicable law. Such fees and
`costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
`(D) Trusts
`Conveyance of a Borrower's interest
`in the Property to a trust which meets the requirements of the
`Secretary, or conveyance of a trust's interests in the Property to a Borrower, shell not be considered a
`conveyance for purposes of this Paragraph. A trust shan not be considered an occupant or be
`considered as having a principal residence for purposes of this Paragraph.
`S. WAIVERS
`Borrower waives the rights of presentment and notice of dishonor. "Presentment" means the right
`to
`require Lander to demand payment of amounts due. "Notice of dishonor" means the right to require Lander
`to give notice to other persons that emounts due have not been paid.
`S. GIVING OF NOTICES
`Unless applicable law requires a different method, any notice that must be given to Borrower under this
`Note will be given by delivenng it or by mailing it by first class mall to Borrower at the Property Address
`above or at a different address if Borrower has given Lander a notice of Borrower's different address.
`Any notice that must be given to Lander under this Note will be given by first class mail to Lender at the
`address stated in Paragraph 4(B) or at a different address If Borrower is given a notice of that different
`address.
`10. OBLIGATIONS OF PERSONSUNDER THIS NOTE
`.If more than one person signs this Note, each person is fully obligated to keep all of the promisee Inade
`in this Note. Londer may enforce its rights under this Note only through sale of the Property.
`11. RELATIONSHIPTO SECOND NOTE
`(A) Second Note
`9ecause Borrower will be required to repay amounts which the Secretary may make to or on behalf
`of Borrower pursuant to Section 255(0(1)(A1 of the National Housing Act and the Loan Agreement,
`the
`Secreta
`has required Borrower to grant a Second Note to the Secretary,
`(8) Rel
`p of Sect
`Payments to this Note
`Pagnants made by the
`cretary shall not be included in the debt due under this Note untess:
`(i) inis Note is assigned to the Secretary; or
`(10The Secretary accepts reimbursements by the Lander for all payments made by the Secretary.
`if the circumstances described in (i) or (ii) occur, then all payments by the Secretary,
`including Interest
`on the payments, shall be included in the debt.
`
`31XA:o8/s7
`
`Page2 of 3
`
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`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`(C)Effect on Borrower
`Where there is no assignment or reimbursement es described in (B)(i) or (ii), and the
`then Borrower shall not:
`Secretary makes payments to Borrower,
`(i) Be required to pay amounts owed under this Note until the Secretary has required
`payment
`In full of an outstanding princi
`and accrued interest under ine Second Note held
`by the Secretary, notwithstanding
`g to the contrary in Paragraph 7 of this Note: or
`(ii) Be obligated to pay interest or a ared appreciation under this Note at any time, whether
`accrued before or after the payments by the Secretary, and whether or not accrued interest
`has been included in the principal balance of this Note, notwithstanding anything to the
`contrary in Paragraphs 2 or 5 of this Note or any Allonge to this Note.
`11 SHARED APPRECIATION
`the covenants of the Anonge shall
`If Borrower has executed e Shared Appreciation Allongs,
`be incorporated into and supplement the covenants of this Note as if the ABonge were a part of this
`Note.
`13. GOVERNING LAW
`in connection with this Note which
`or ac
`fees and other amounts char
`All interest,
`are considered "interest* within the meaning of
`National Bent Act
`ction 85 of
`(12 USC ½ 85;
`12 CFR 7.4001(a)) shall be governed by and interpreted under South Dakota law.
`In all other
`respects, this Note and all related documents, as well as the rights, remedies, and duties of the
`Gank and the borrower(s), shall be governed and interpreted by federal law with respect to national
`banks and, to the extent not preempwa by federal law, the consumer protection laws of the state In
`which the real estate is Iocated, except that Texas Finance Code Chapter 346 (which regulates
`certain revolving credit accounts) does not apply to this Note.
`
`BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
`-
`Note.
`
`(Seal)
`-Bonower
`
`(Seal)
`-Bonower
`
`ISeal)
`-Barrower
`
`ISeal)
`-Borrower
`
`EMILY
`
`a.e
`
`_.. .......
`
`WITHOUT RECOURBE
`PAYTOTHE ORDER OF
`
`WF4a:caf05
`
`Page3 of 3
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`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`Kathleen
`
`-
`
`Saratoga
`County
`A. Marchione
`CLERKS
`COUNTY
`PAGE
`IS
`PART
`
`THIS
`
`-
`
`state
`of
`SARRlrOGA
`RECORDING
`OF
`THE
`
`New
`York
`COUNTY
`PAGE
`INSTRUhENT
`
`CLERK
`
`Recording:
`
`40.00
`10.00
`5. 00
`20.00
`0.00
`5.00
`
`0.00
`0.00
`0.00
`
`88.00
`****
`
`RECEIPT
`
`NO.
`
`:
`
`2007211216797
`
`Pages
`Cover
`Recording
`Education
`Names
`255
`
`Affidavit
`
`Sheet
`
`Fee
`Fee
`Fee
`
`-
`
`Instr
`#:
`Date:
`Rec
`Doc
`Grp:
`Descrip:
`Num Pgs:
`
`2007007401
`02/22/2007
`X
`MORTGAGE
`17
`
`10:46:16
`
`AM
`
`Tax
`Basic
`SONYMA
`Tax
`CDTA
`TaN
`
`Amount
`Amount
`Amount
`
`Party1:
`Party2:
`Town:
`
`CALIFANO
`JANB
`EMILY
`BANK
`WELLB
`FARGO
`CHARLTON
`
`Total:
`****
`
`*****
`Serial
`Calc
`Mtg
`
`NOTICE:
`
`THIS
`
`IS
`
`NOT
`
`A BILL
`
`Mortgage
`#:
`Method:
`Amt:
`
`Tax
`CR-13243
`Exempt
`243000.
`
`*****
`
`00
`
`Basic
`SONYMA
`CDTA
`
`Total:
`
`0.00
`0.00
`0.00
`
`0.00
`
`Record
`
`and
`
`Return
`
`To:
`
`TITLE
`KAPITAL
`146
`ROUTE
`952
`CLIFTON
`DARK,
`
`AND ABSTRACT
`
`SERVICES
`
`INC
`
`NY
`
`12065
`
`16 of 33
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`

`FILED: SARATOGA COUNTY CLERK 01/05/2015 01:44 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`phal
`)52 Row
`ng/688,0100
`
`.
`- Fax -
`
`518/688010
`
`2065
`
`2887987491
`2/ 22/ 2007 10 46: 1s AM
`MOltTGAGE
`KatMeen
`A Marchtone
`
`Saratoga Co C1k
`
`FILEG
`
`State
`
`of New York
`
`[Space Above
`
`Datal
`
`This Line For Recordin
`FHA Case No.
`ADJUSTABLE
`RATE
`HOME EQUITY
`CONVERSION
`is given on
`THIS MORTGAGE
`!mtrument")
`FSecurity
`JANS CALIFANO,
`is ENILY
`A SINGLE
`PERSON
`mortgagor
`
`MORTGAGE
`
`02/02/07
`
`. The
`
`whose
`
`address
`
`i