FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`Bank of America, N.A.
`
`Plaintiff,
`
`-against-
`
`Daniel Rubin, Jessica Rubin, JPMorgan Chase Bank, United
`States of America - Internal Revenue Service, Commissioner of
`Taxation and Finance and "JOHN DOE #1" through "JOHN
`DOE #10", the last ten names being fictitious and unknown to
`the plaintiff, the person or parties intended being the persons or
`parties, if any, having or claiming an interest in or lien upon the
`mortgaged premises described in the Complaint,
`
`Defendants.
`
`TO THE ABOVE NAMED DEFENDANT(S):
`
`SUMMONS
`
`Plaintiff designates Suffolk
`County as the place of trial.
`Venue is based upon the
`County in which the
`mortgaged premises is
`situated.
`
` YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
`copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of
`Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons,
`exclusive of the day of service; or within thirty (30) days after service is complete if this Summons
`is not personally delivered to you within the State of New York; or within sixty (60) days if it is the
`United States of America. In case of your failure to appear or answer, judgment will be taken against
`you by default for the relief demanded in the Complaint.
`
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`NOTICE
`YOU ARE IN DANGER OF LOSING YOUR HOME
`
`If you do not respond to this summons and complaint by serving a copy of 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 may be 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
`ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
`ANSWER WITH THE COURT.
`
`Dated: Bay Shore, New York
`September 26, 2018
`
`FRENKEL, LAMBERT, WEISS,
`WEISMAN & GORDON, LLP
`
`
`BY: Todd Falasco
`Attorneys for Plaintiff
`Main Office - 53 Gibson Street
`Bay Shore, New York 11706
`(631) 969-3100
`Our File No.: 01-080841-F02
`
`TO:
`Daniel Rubin
`33 Gallatin Drive
`Huntington Station, NY 11746
`
`Jessica Rubin
`33 Gallatin Drive
`Huntington Station, NY 11746
`
`JPMorgan Chase Bank
`
`United States of America - Internal Revenue Service
`
`Commissioner of Taxation and Finance
`WA Harriman Campus
`Albany, NY 12227
`
`2 of 77
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`Bank of America, N.A.
`
`Plaintiff,
`
`-against-
`
`Daniel Rubin, Jessica Rubin, JPMorgan Chase Bank, United
`States of America - Internal Revenue Service, Commissioner of
`Taxation and Finance and "JOHN DOE #1" through "JOHN
`DOE #10", the last ten names being fictitious and unknown to
`the plaintiff, the person or parties intended being the persons or
`parties, if any, having or claiming an interest in or lien upon the
`mortgaged premises described in the Complaint,
`
`Defendants.
`
`COMPLAINT
`
`The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,
`complaining of the defendants herein allege, upon information and belief, as follows:
`
`AS A FIRST CAUSE OF ACTION
`
`That the plaintiff, Bank of America, N.A., at all times hereinafter mentioned was and still is
`1.
`a National Association organized under the laws of the United States of America.
`
`On or about June 02, 2003, Daniel Rubin and Jessica Rubin executed and delivered to
`2.
`America's Wholesale Lender a note dated June 02, 2003 whereby Daniel Rubin, Jessica Rubin,
`promised to pay the principal sum of $460,000.00.
`
`On or about June 02, 2003, Daniel Rubin and Jessica Rubin, executed and delivered to
`3.
`America's Wholesale Lender a mortgage (hereinafter "mortgage") in the principal sum of
`$460,000.00, with interest, mortgaging the premises known as 33 Gallatin Drive, Huntington
`Station, NY 11746 (hereinafter "premises") as collateral security for the note. The mortgaged
`premises is more fully described in EXHIBIT "A" annexed hereto.
`
`The mortgage was duly recorded in the Office of the Clerk of the County of Suffolk on June
`4.
`13, 2003 in Liber M00020419, Page 035 and the recording tax was duly paid. Thereafter, the loan
`was modified pursuant to a Loan Modification Agreement delivered by Daniel Rubin and Jessica
`Rubin to Bank of America, N.A. executed August 31, 2012 and recorded on February 5, 2014 in
`Liber M00022454 at Page 059 which created a single lien in the amount of $442,450.68. Thereafter,
`the loan was further modified pursuant to a Loan Modification Agreement executed by Daniel Rubin
`and Jessica Rubin to Bank of America, N.A. executed on May 16, 2017 and recorded on August 7,
`2017 in Liber M00022840 at Page 517 which created a single lien in the amount of $493,335.79.
`
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`INDEX NO. 619260/2018
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`RECEIVED NYSCEF: 10/03/2018
`
`That plaintiff is in possession of the original note with a proper endorsement and/or allonge
`5.
`and is therefore, the holder of both the note and mortgage, which passes as incident to the note.
`
`Pursuant to the modified loan, Daniel Rubin and Jessica Rubin, promised to make
`6.
`consecutive monthly payments of principal and interest each month, in accordance with the terms
`of the loan modification agreement, commencing June 01, 2017 and on the first day of each
`succeeding month up to and including July 01, 2033 when the entire principal amount and accrued
`interest shall be due and payable.
`
`Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee
`7.
`can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold
`payments or ground rents (if any), hazard insurance and mortgage insurance.
`
`The mortgage further provides that in case of default in the payment of any principal or
`8.
`interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage
`could declare the entire indebtedness secured by the mortgage immediately due and payable, and the
`holder of the mortgage is empowered to sell the mortgaged premises according to law.
`
`Daniel Rubin and Jessica Rubin failed to comply with the terms, covenants and conditions
`9.
`of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on April 01,
`2018 and said default has continued for a period in excess of fifteen (15) days.
`
`Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect
`10.
`to declare the entire principal balance to be due and owing.
`
`That there is now due and owing to the plaintiff under said note and mortgage the principal
`11.
`sum of $474,933.06 with interest thereon from March 01, 2018, plus late charges if applicable
`pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s)
`and any other charges due and owing pursuant to the terms of the note and mortgage.
`
`Plaintiff shall not be deemed to have waived, altered, released or changed the election
`12.
`hereinbefore made by reason of payment after the date of commencement of this action of any or all
`of the defaults mentioned herein, and such election shall continue and remain effective.
`
`In order to protect its security, the plaintiff may be compelled, during the pendency of this
`13.
`action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges
`and sewer rents which are or may become liens on the mortgaged premises, and other charges which
`may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum
`or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's
`claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged
`premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds
`of the sale of the mortgaged premises.
`
`Upon information and belief all the defendants herein have or claim to have some interest
`14.
`in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has
`
`4 of 77
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to
`plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set
`forth in "Schedule A" that is attached to this complaint.
`
`15.
`
`No prior action has been brought to recover part of the mortgage debt.
`
`Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and
`16.
`regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable.
`
`Upon information and belief, plaintiff has complied with the provisions of Real Property
`17.
`Actions and Proceedings Law §1304 and §1306 unless exempt from doing so.
`
`That the plaintiff is now the owner and holder of the said note and mortgage securing the
`18.
`same or has been delegated the authority to institute a mortgage foreclosure action by the owner and
`holder of the subject mortgage and note or is the holder of the note and mortgage and has been
`delegated the authority to institute a mortgage foreclosure action by the owner of the note and
`mortgage.
`
`If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has
`19.
`been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or
`delegation of authority by the owner of the subject note and mortgage.
`
`Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises
`20.
`consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure
`provide for the parcels to be sold as one parcel.
`
` The sale of the mortgaged premises under foreclosure herein is subject to any state of facts
`21.
`that an inspection of the premises would disclose, any state of facts an accurate survey would show,
`and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and
`any violation thereof, any equity of redemption of the United States of America to redeem the
`premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights
`of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances
`of the city, town or village in which said mortgaged premises lies and any violations thereof.
`
`In the event that the plaintiff possesses any other lien(s) against the mortgaged premises
`22.
`either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not
`be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be
`permitted to enforce said other lien(s) and/or seek determination of priority thereof in any
`independent action(s) or proceeding(s), including, without limitation, any surplus money
`proceedings.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`
`The plaintiff repeats and realleges each and every allegation contained in paragraphs
`23.
`designated 1 through 22.
`
`5 of 77
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`

`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`The mortgage provides that in the event of default, the plaintiff may recover all costs,
`24.
`including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any
`action to protect its interest in the premises, including foreclosure of the mortgage.
`
`WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows:
`
`That the defendants and all persons claiming under them or any of them, subsequent
`a)
`to the commencement of this action and to the filing of the Notice of Pendency of this action, may
`be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged
`premises;
`That the mortgaged premises be sold in one parcel according to law subject to any
`b)
`state of facts an accurate survey would show, any covenants, easements, encroachments,
`reservations, and restrictions, violations and agreements of record, zoning regulations and ordinances
`of the city, town, or village; wherein the premises is located, any state of facts a physical inspection
`will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior
`judgments, liens and mortgages of record and any and all rights of the United States of America to
`redeem the subject premises;
`c)
`That the premises be sold in accordance with Title 28, Section 2410 of the United
`State Code preserving all rights of redemption, if any, of the United States of America;
`d)
`That the monies received from the sale be brought into Court and that plaintiff be paid
`the amount adjudged to be due it with interest thereon to the time of such payment, together with late
`charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer
`rents, insurance premiums, sums expended for the protection or preservation of the property, together
`with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this
`action and any other necessary expenses to protect the lien of the mortgage to the extent that the
`amount of such monies applicable thereto will pay the same;
`e)
`That this Court, if requested, appoint a receiver of the rents and profits of said
`premises, during the pendency of this action with the usual powers and duties;
`f)
`That the defendant(s) obligated under the note be adjudged to pay any deficiency
`which may remain after applying all of such monies as aforesaid in accordance with the law and
`provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy
`petition or that said defendant(s) obligated under the note have been relieved of responsibility for
`any such deficiency.
`g)
`That in the event plaintiff possesses any other lien(s) against said mortgaged premises
`either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s)
`shall not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff
`shall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in any
`independent action(s) or proceeding(s), including, without limitation, any surplus money
`proceedings;
`
`6 of 77
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`That plaintiff have such other and further relief in the mortgaged premises
`h)
`as may be just and equitable.
`
`Dated: Bay Shore, New York
` September 26, 2018
`
`Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
`
`By:
`Todd Falasco
`Attorneys for Plaintiff
`Main Office - 53 Gibson Street
`Bay Shore, New York 11706
`(631) 969-3100
`Our File No.: 01-080841-F02
`
`7 of 77
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`

`EXHIBIT A
`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`
`
`SCCHEDULE A – DESCRRIPTION
`
`
`
`
`
`
`
`
`
`
`
` Fooreclosure Ceertificate No.::
`
`
`
`
`District:
`Section:
`Block:
`Lot:
`
`
`
`0400
`264.00
`01.00
`036.000
`
`
`
`
`8 of 77
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`

`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`Party Name
`Daniel Rubin
`Jessica Rubin
`JPMorgan Chase Bank
`
`United States of America - Internal
`Revenue Service
`
`Commissioner of Taxation and Finance
`
`Schedule A
`
`Description
`Obligor/Mortgagor/Owner
`Obligor/Mortgagor/Owner
`Holder of a subordinate mortgage on the subject
`premises. Said mortgage recorded June 13,
`2013, in L 20419 at Page 36.
`Holder of Judgment(s) against the property
`being foreclosed herein. Said lien is more
`particularly described in Exhibit "B" annexed
`hereto.
`Holder of Judgment(s) against the property
`being foreclosed herein. Said lien is more
`particularly described in Exhibit "B" annexed
`hereto.
`
`9 of 77
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`EXHIBIT B
`INDEX NO. 619260/2018
`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`619260/2018
`EYEEED: SUFFOLKCOUNTY CLERK 10
`-
`INDEgfiX'NO
`
`
`
`
`
`
`
`_
`V
`.
`,
`‘
`>
`RaCTIVflD VYSCEF: 10/03/201é7
`RECEIVED NYSCEF: 10/03/2018
`NYSCEF DOC. NO. 1
`
`~
`
`V
`
`03/28/2016
`02:31:42 PM
`LEEDOOOZSOVS
`
`‘
`
`'
`
`V
`
`,
`
`$40 . 00
`
`
`
`i:
`’*
`
`fi
`
`"
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I
`
`lilllllllllllflllllltlllllllllmllmIlllllllll‘lllllllllIllllIilHlIl
`
`SUFFOLK COUNTY CLERK
`FUECCEUDS (N?FI£H§
`RECCWUDING Ifluaa
`
`V
`
`.
`
`.
`
`Type of Instrument: FEDERAL Tax LIEN ~ IRS PAIMENT
`Number of Pages: 0
`'
`Receipt Number
`: 16~0047090
`Tax Map S
`7
`7
`EXAMINED AND CHARGED AS FOLLOWS
`Lien Fee
`$40.00
`Received the Following Fees For Above Instrument
`Exempt
`Fees Paid
`
`NO
`
`Filed:
`’ At:
`Lien Nun:
`
`THIS PAGE IS A PART OF THE INSTRUMENT
`THIS IS NOT A BILL
`
`JUDITH A. PASCALE>
`County Clerk, Suffolk County
`
`10 of 77
`10 of 77
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`

`

`FILED: “SUFFQEK’ COUNTY CLERK '10
`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`
`
`E32018 02:44 PM
`
`NYSCEF DOC. NO.
`1
`
`NYSCEF DOC. NO. 1
`
`
`
`INDEX NO. 619260/2018
`INDE‘xL’No. 619260/2018
`
`
`
`
`
`
`RaCnIVfiD‘VYSCEF:‘10/03/2018
`RECEIVED NYSCEF: 10/03/2018
`
`8222
`
`.
`
`Department of the Treasury - Internal Revenue Service
`Notice of Federal In lieu
`m “8 mm
`(Row. Febmarv 2004)
`,
`.
`Area:
`Sefial Number
`For Option“ U88 by Recordi
`SMALL BUSINESS/SELF EMPLOYED AREA #1
`203806116
`Lien Unit Phone: (800) 829-3903
`.
`‘
`, As provtded by section 6321, 6322, and 6323 of the Internal Revenue
`Code, we are giving a notice that taxes (Including interest and penalties)
`have been assessed against the following-named taxpayer. We have made
`a demand for payment of this nibflity, but It remains unpaid. Therefore,
`therein: fienlnfavorofthellnlmd States onaflpropertymddghtsto
`propertybdonginzmthisuxpayetfortheamoumofdnm taxman!
`additional penalties, Interest, and costs that may accrue.
`'
`Name of Taxpayel DANIEL S: JESSICA RUBIN
`
`! Office
`
`Residence
`
`33 GALLATIN DR
`DIX HILLS, NY 11746-7949
`
`
`
`
`IMPORTANT RELEASE mFOIHATION: For each asséssment listed below,
`unless maize of the lien is refileqfiby the data given in cohmn (a). xhis notice shall,
`on the day following such dafé, operate as a cenificate of release as defined
`in IRC 6325(3).
`
`
`
`
`
`
`
`
`
`Unpaid Balance
`of Assessment
`(0
`23258 . 90
`
`Piece of Fifing
`'
`
`Suffolk County Clerk
`Suffolk County
`Riverhead, NY 11901
`
`Total
`
`$
`
`23258.90
`
`
`
`This notice was prepared and signed atW , on this,
`
`Signature
`
`17th davof March 2016.
`
`the
`
`
`{gas SBSE
`21—00-0008
`for PJL BELTON
`(800) 829~3903
`
`
`
`‘ Certificata o! officer authorized by law to lakeracknowledgnem is not essential to the validity of Notice of Federal Tax lion
`Rev. Rul. 71466. 1971 - 2 (2.3. 409)
`‘
`Form 563mm (Rev. 2-2004:
`hnI-mlylmanxome
`CAT.N060025X
`
`
`
`11 of 77
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 619260/2018
`
`RECEIVED NYSCEF: 10/03/2018
`
`FILEDtHSUFFOLK COUNTY CLERK 10m2018 02:44 PM v
`Suffolk County Clerk's Office
`JUDGMENT — RETRIEVAL REPORT
`
`'
`
`,
`
`'
`
`v:
`
`-
`
` _________________________________————————————-—————-——-———————
`
`
`INDEX NO. 619260/2018
`7
`
`
`
`
`REC1.10%59W§@23F1:034©116§m018
`.
`‘
`
`General lnfo for Doc Date: 7/5/2016
`
`Seq # :
`
`
`‘
`.
`252
`, Doc Type :
`JU_WARR_TRANSCR '
`
`D T PERFECTED
`E023377036 7/2/2015
`
`
`COURT
`WARR
`
`TOTAL
`COST
`COUNTY w AMOUNT
`REMARKS
`10135.48
`0.00
`SUFFOLK
`0
`10,135.48
`ELECTRONICALLY FILEDOrigInaI perfected date
`changed to reflect actual Date received from NYS
`
`
`
`
`Debtor Info
`
`gm
`Street Type Addr2
`State A;
`First Nam
`11% ,
`Street#
`DIX HILLS
`33 GALLATIN DR
`NY
`117467
`DANIEL R
`AND/OR
`
`.
`,,
`949
`.
`JESSICA
`g3
`33GALLATINDR
`DIXHILLS
`I
`> NY ~
`117467
`
`
`949
`
`
`
`Creditor Info
`
`
`First Name
`LL25
`Street # Street name
`Street Type Addr2
`‘Addr3
`gig
`State
`gig
`;
`,
`COMMISSIONER OF
`WA HARRIMAN
`ALBANY
`NY
`12227
`
`
`TAXATION & FINANCE
`CAMPUS
`
`Street name
`
`
`Addr3
`
`,
`
`,
`
`'
`
`I
`
`'a:
`
`12 of 77
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`FILED. SUFFOLK COUN Y CLERK 10 2018 02. 44 PM
`NYS
`-yd!firvno
`r
`NYSCEF DOC. NO. 1
`
`
`
`INDEX NO. 619260/2018
`INDEX NO. 619260/2018
`
`
`
`
`
`RaCaIVaD VYSCEF: 10/03/2018
`RECEIVED NYSCEF: 10/03/2018
`
`Prepared by: EVELYN PEREZ
`
`LOAN #:—
`
`NOTE
`
`WOODBURY
`
`[City]
`
`NEW YORK
`
`{Stalel‘
`
`JUNE 02, 2003
`
`[Date]
`
`33 GALLATIN DRIVE, HUNTINGTON STATION, NY 11746
`
`[Property Address]
`
`1. BORROWER'S PROMISE TO PAY
`
`In return for a loan that I have received, I promise to pay U.S. S 4 60, 000.00
`plus interest, to the order of the Lender. The Lender is
`AMERICA'S WHOLESALE LENDER
`
`this amount is called "Principal"),
`
`I will make all payments under this Note in the form of cash, check or money order.
`I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
`entitled to receive payments under this Note is called the "Note Holder."
`
`2. INTEREST
`
`Interest will be charged an unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
`rateof
`5.750 %.
`
`The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
`of this Note.
`
`3. PAYMENTS
`
`7
`
`-
`
`7
`
`»
`
`,,
`
`-
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`-~
`
`(A) Time and Place of Payments
`I will pay principal and interest by making a payment every month.
`.
`I will make my monthly payment on the FIRST
`day of each month beginning on
`AUGUST 01, 2003
`.I will make these payments every month until I have paid all of the principal and interest and
`any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled
`due date and will be applied to interest before Principal. If, on
`JULY 01, 2033
`,
`I still owe amounts under this
`Note, I will pay these amounts in full on that date, which is called the "Maturity Date."
`I will make my monthly payments at
`_ ~ ,
`P .O. Box 660694, Dallas, TX 75266-0694
`
`or at a different place if required by the Note Holder.
`(B) Amount of Monthly Payments
`
`My monthly payment will be in the amount of U.S. S 2, 684 .44
`
`4. BORROWER'S RIGHT TO PREPAY
`
`*
`
`'
`
`r
`
`I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
`"Prepayment." When I make a Prepayment,
`I will tell
`the Note Holder in writing that I am doing so. I may not designate a
`payment as a Prepayment if I have not made all the monthly payments due under the Note.
`I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
`Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment
`to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal tunount of
`the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment
`unless the Note Holder agrees in writing to those changes.
`
`5. LOAN CHARGES
`
`-
`
`If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
`loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
`shall be rcdttced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
`me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
`Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
`as a partial Prepayment.
`
`NEW YORK FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
`
`@D-snmv) (00051.01 CHL (09/02)(d)
`
`VMP MORTGAGE FORMS - (800)521-7291
`Pagel 012
`
`mm. W
`
`,1“ L
`
`/
`
`Form 32331/01
`
`
`
`13 of 77
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`
`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`FILED: SUFFOLK COUN Y CLERK 10 2018 02: 4 PM
`NYSCEF DOC. NO. 1
`MSG?! me.»No .'l ‘
`r
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`
`INDEX NO. 619260/2018
`INDEX NO. 619260/2018
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`RnCnIVnD YSCEF: 10/03/2018
`RECEIVED NYSCEF: 10/03/2018
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`
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`LOAN #= —
`
`6. BORROWER'S FAILURE TO PAY AS REQUIRED
`(A) Late Charge for Overdue Payments
`calendar
`If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN
`2 . 00 0 % of my
`days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
`overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
`(B) Default
`If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
`(C) Notice of Default
`If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
`certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
`the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
`delivered by other means.
`(D) No Waiver By Note Holder
`Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
`the Note Holder will still have the right to do so ifl am in default at a later time.
`(E) Payment of Note Holder's Costs and Expenses
`If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
`paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
`expenses include, for example, reasonable attomeys' fees.
`
`7. GIVING OF NOTICES
`
`Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
`delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
`Holder a notice of my different address.
`Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
`class mail to the Note Holder at the address stated in Section 3(A) above or at a different address ifl am given a notice of that
`different address.
`
`8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`
`If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
`this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
`also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
`or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
`under this Note against each person individually or against all of us together. This means that any one of us may be required to
`pay all of the amounts owed under this Note.
`
`9. WAIVERS
`
`I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
`"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
`right to require the Note Holder to give notice to other persons that am0unts due have not been paid.
`
`10. UNIFORM SECURED NOTE
`
`This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
`Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
`this Note, protects the Note Holder from possible losses which might result if I do not keep the premises which I make in this
`Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
`of all amounts I owe under this Note. Some of those conditions are described as follows:
`
`Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or
`arty part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written
`permission.
`If Borrower is not a natural person and a beneficial
`interest in Borrower is sold or transferred
`without Lender's prior written permission, Lender also may require immediate payment in full. However, this
`option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
`If Lender requires immediate payment in full under this Section 18, Lender will give me a notice which
`states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day
`period will begin on the date the notice is given to me in the manner required by Section 15 of this Security
`lnstniment.
`lfI do not make the required payment during that period, Lender may act to enforce its rights under
`this Security Instrument without giving me any further notice or demand for payment.
`
`
`
`.
`DANIEL RUBIN v
`
`.
`
`.
`
`‘
`
`(Seal)
`Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`4B orrower
`
`
`
`Form 3233 1:01
`
`@5wa (00053.01 CHL (09/02)
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 619260/2018
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`RECEIVED NYSCEF: 10/03/2018
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`HELP FOR HOMEOWNERS IN FORECLOSURE
`
`New York State Law requires that we send you this notice about the foreclosure
`process. Please read it carefully.
`
`
`
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`
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`SUMMONS AND COMPLAINT
`
`You are in danger of losing your home. If you fail to respond to the summons
`and complaint in this foreclosure action, you may lose your home. Please read
`the summons and complaint carefully. You should immediately contact an
`attorney or your local legal aid office to obtain advice on how to protect
`yourself.
`
`
`
`
`
` SOURCES OF INFORMATION AND ASSISTANCE
`
`The State encourages you to become informed about your options in
`foreclosure. In addition to seeking assistance from an attorney or legal aid
`office, there are government agencies and non-profit organizations that you
`may contact for information about possible options, including trying to work
`with your lender during this process.
`
`To locate an entity near you, you may call the toll-free helpline maintained by
`the New York State Department of Financial Services at 1-877-226-5697 or visit
`the Department’s website at http://www.dfs.ny.gov.
`
`
`
`
`
`
`
`
`
`RIGHTS AND OBLIGATIONS
`
`YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the
`right to stay in your home during the foreclosure process. You are not required
`to leave your home unless and until your property is sold at auction pursuant to
`a judgment of foreclosure and sale.
`
`Regardless of whether you choose to remain in your home, YOU ARE REQUIRED
`TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with
`state and local law.
`
`
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 619260/2018
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`RECEIVED NYSCEF: 10/03/2018
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`FORECLOSURE RESCUE SCAMS
`
`Be careful of people who approach you with offers to “save” your home. There
`are individuals who watch for notices of foreclosure actions in order to unfairly
`profit from a homeowner’s distress. You should be extremely careful about any
`such promises and any suggestions that you pay them a fee or sign over your
`deed. State law requires anyone offering such services for profit to enter into a
`contract which fully describes the services they will perform and fees they will
`charge, and which prohibits them from taking any money from you until they
`have completed all such promised services.
`
`
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`FILED: SUFFOLK COUNTY CLERK 10/03/2018 02:44 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 619260/2018
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`RECEIVED NYSCEF: 10/03/2018
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`CERTIFICATION BY ATTORNEY
`
`Joshua Sherer, an attorney duly admitted to practice law before the Courts of the State of New York,
`an attorney with the firm of Frenkel, Lambert, Wei