throbber

`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX \TO'
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`NYSCI
`RnCfiIVfiD NYSCEF:
`3F DOC. NO. 25
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`IN THE COUNTY OF WESTCHESTER
`
`JPMorgan Chase Bank, National Association
`
`
`VS.
`
`THOMAS SULZER
`
`
`Plaintiff,
`
` CASE NO.: 5644912017
` AFFIDAVIT OF MAILING
`
`
`
`Defendants.
`
`STATE OF OHIO
`
`FRANKLIN COUNTY
`
`) ss.
`
`AFFIDAVIT OF MAILING
`
`Mam Owens, being firstduly sworn on oath, deposes and states as follows:
`
`1.
`
`1 am a'Vice President of JPMorgan Chase Bank, National Association (“Chase”) and
`
`am authorized to make this affidavit on its behalf.
`
`2.
`
`Chase is the servicer of the mortgage loan described in this affidavit.
`
`'3.
`
`I make this affidavit based on my review of Chase‘s business records, as more fully-
`
`described below. I am over the age of 18 and competent to testify as to the matters contained in this
`
`affidavit.
`
`4.
`
`1 have access to Chase’s business records, including the business records for and relating
`
`to Borrower's loan. I make. this affidavit based upon my review of Chase’s records relating to the
`
`Borrower’s loan inclnding proof of mailing docUments, and from my own personal knowledge of how
`
`such records are kept and maintained. The loan records for the Borrower are maintained by Chase in the
`
`BorrOwer Name THOMAS, SULZER
`Case #56'449/2017
`
`DTS Version: 1
`
`Reviewer ID : MarymOwens__201'7—08—17_12:28:4 9
`
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`1 of 54
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`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX \10'
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`
`
`NYSCEF DOC. NO. 25
`R«.C«.IV«.D NYSCEF:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`course of its regularly conducted business activities and are made at or near the time of the event, by or
`
`from information transmitted by a person with knowledge.
`
`5.
`
`Based on the business records associated with this loan, a Notice of Intent to Fo'reclose
`
`dated 11/12/2013 was sent by regular first class mail under the exclusive care and custody of the United
`
`States Postal Service addressed to the following person at the address set forth below:
`
`First Class:
`
`THOMAS J SULZER
`632 WARBURTON AVE APT 2])
`YONKERS, NY 10701—1633
`DATE OF MAILING: 11/12/2013
`
`6.
`
`It is Chase‘s reguIar practice to retain on file, a true and correct copy of the Notice of
`
`Intent to Foreclose. These records are imaged at the time of'processing by authorized persbns. A true and
`
`correct copy of the letter dated 11/12/2013 is attached hereto as Exhibit A.
`
`7.
`
`At the- time that the Notice of intent to Forecl'ose was sent, it was Chase’s regular practice
`
`to obtain and image pro'of of mailing from the United States Post Office at or near the time of mailing in
`
`the ordinary course of its regularly conducted business activity. These records are imaged at or near the
`
`time of the event by authorized persons. A copy of the bulk mail receipt for the Notice of Intent'to
`
`Foreclose dated 11/12/2013 is attached hereto as Exhibit B.
`
`8.
`
`Based on the business records associated with this loan, a Ninety Day (90) pre-foreclosure-
`
`notice dated 03/25/2015 was sent by regular first class mail and Certified mail, under the exclusive care
`
`and custody of the United States Postal Service addressed to the following person at the address set forth
`
`below:
`
`First Class:
`
`THOMAS J SULZER
`
`Borrower Name THOMAS, SULZER-
`Case #5 6449/20 17
`
`DTS Version: 1
`
`Reviewer ID: Ma:y_0wens_20 l7 "DB-1'7_12 : 28 : 49
`
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`2 of 54
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`\10.
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`
`
`
`NYSCEF DOC. NO. 25
`R«.C«.IV«.D NYSCH
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`632 WARBURTON AVE APT 2D
`
`YONKERS, NY 10701—1633
`DATE OF MAJLING: 03/25/2015
`
`Certified Mail:
`
`THOMAS J SULZER
`632 WARBURTON'AVE APT 2D
`YONKERS, NY 10701-1633
`DATE OF MAILING: 03/25/2015
`CERTIFIED MAIL NUMBER: 9214 8901 0754 4645 6909 96
`
`9.
`
`It is Chase’s regular practice to retain on file, a true and correct Copy of the Ninety Day
`
`(90) pre—foreclosure-notice. These records are imaged at the time of processing by authorized persons. A
`
`true and correct copy of the letter dated 03125/2015 is attached hereto as Exhibit C.
`
`10.
`
`At the time that the Ninety Day (90) preuforeclosure notice was sent1 it was Chase’s
`
`regular practice to obtain-and image proof of mailing-from the United States Post Office at or near the
`
`time of mailing in the Ordinary course of its regularly conducted business activity. These records are
`
`imaged at or near the time of the event by authorized persons. A copy of the bulk mail receipt for the
`
`Ninety Day (90) pre-forecl‘osure notice dated 03/25/2015. is attached hereto as Exhibit D.
`
`1.1.
`
`'It is Chase’s regular practice to retain on file, a true and correct copy of any filing
`
`receipts received from the New York State Department of Financial Services. A true and correct copy of
`
`the New York State Depm’trhent of'Financial Services Prodf of Filing Statement concerning Borrower’s
`
`Mortgage is attached hereto as Exhibit B.
`
`BY:
`
`DME
`
`Name: Mary Owens
`
`Title:
`
`I Vice President
`
`Borrower Name THOMAS, SULZER
`Case 45644912017
`
`DTS Version: 1
`
`Reviewer ID: Mary_9wens_2017*OE—l7_;2:28:49
`
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`INDEX \TO .
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`R4
`. C fiIV
` *.D NYSCI
`SF:
`NYSCI3F DOC. NO. 25
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`State of
`
`0mg
`
`"1::
`
`County of
`
`ELaflklin-
`
`[7 day of
`Subscribed to and sworn before me-th‘is
`by
`Ma
`(name of- signer)
`i W_’—-_ signature of notary)
`Heather R Sears
`
`i “29 (tnonthao i Pi (year),
`
`
`unseen”,
`
`stamped)
`“(Other required data must be printed, typed, or
`Notary public, State of OHIO, County of f I an ill! 0
`
`My commission expires
`LQ { 6 [m
`
`
`
` TED? a
`‘9leoresuuh‘
`
`Borrower Name THOMAS, SULZER
`Case #56449l2'01'7
`
`DTS Version: 1
`
`Reviewer ID : Mary_0uens_201'7 -08-—17_l2 :2814 9
`
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`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX \10-
`FILED: WESTCHESTER COUNTY CLERK 09 m 2017 12:04 P
`
`
`
`
`NYSCI
`
`3F DOC. NO. 25
`R«.C«.IV«.D NYSCEF:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`CERTIFICATE OF CONFORMITY
`
`I, Kyle Timken, state as follows:
`
`1.
`
`I am an attorney duly licensed to practice law in the State of Ohio.
`
`The annexed Affidavit of Mailing, which was signed by Mary Owens and dated
`2.
`August 17, 2017, was signed in a manner which was and is in accordance with, and conforms
`
`to, the laws for taking oaths and acknowledgments in the State of Ohio.
`
`Dated: 8/17l2017
`
`
`
`Kyle Timken
`
`Borrower Last Name: Sulzer
`
`Last 4 Digits of Loan Number: 2749
`
`Reviewer ID: Ma.ry_0wena_2017—OB—17_12:28z49
`
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`INDEX V0.
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`fiIV
`RfiC
`
` fiD NYSC
`3F:
`NYSCEF DOC. NO. 25
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`Exhibit A
`
`Reviewer ID: mary_pwen$_2017mo8-l7_}2:26:49
`
`6 of 54
`6 of 54
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`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`INDEX “0- 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`
`
`NYSCEF DOC. NO. 25
`R«.C«.IV«.D NYSCEF: 09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`Chase (0114-7399)
`
`_P_.O. Box 133205
`Columbus, OH 43218
`For Undelivemble Mail Only
`
`010054 -1013.NSPDHDLA‘ND 304530130000000
`
`THOMAS I SULZER
`632 WARBURTON AVE APT 2D
`YONKERS, NY 10701-1633
`
`CHASE ‘3
`
`11/12/2013
`
`Acceleration Warning (Notice of Intent to Foreclose)
`
`Account: —{the “Loan?
`Property Address: 632 WARBURTON AVE APT 2:)
`Y-ONKERS, NY 1.0701 (the “Property”)
`
`Dear THOMAS J S'ULZER;
`
`Under the terms of the Mortgage or Deed of Trust (“Security instrument”) securing your Loan, JPMorgan
`Chase Bank, N.A.(“Chase”) hereby notifies you'of the following:
`
`1. You are in default because you have failed to pay the required monthly installments commencing
`with the payment due 08/15/2013.
`
`2. As of 11/ 12/2013, total monthly payments (including principal, interest, and escrow if.
`applicable), late fees, insufficientfunds (NSF) fees, and other fees andaditances due under the
`terms of your loan documents in the-total amount of $1,439.11 are past due. This past-due amount
`is itemized below. If applicable, your account. may have additional escrow amounts that have
`been paid out and are due on the Loan. If you have any questions about. the amounts detailed
`below, please contact us as soon as possible at 1-800-848—93 80..
`
`Total Monthly Payments
`Late Fees
`NSF Fees
`Other Fees*
`Advances*
`
`Amount Held in Suspense
`
`$778.77
`$658.82
`$0.00
`$10.85
`$1 155: 9
`
`$124.92
`
`*ther Fees and Advances include those amounts assessed in cream-dance with your-loan
`documents, and/or permitted by applicable law, or that were authorizedfin:- services
`rendered. Ifyou need additional information regarz'ffng any affhese amounts, please
`contact us at the number provided below.
`
`You are also responsible. for pay-ingany amounts that become due from the date of this letter
`through the expirati on date set forth in- Paragraph 3 below. These amounts may include, but are
`not limited to, taxes, insurance, inspection fees, and other fees, as permittedby applicable law.
`
`
`
`Reviewer ID: Mary__0wenau201'7 —0 3—17u12': 28 : 4 9
`
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`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX \TO-
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
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`
`
`NYSCI 3F DOC. NO.
`
`25
`RnCfiIVnD NYSCEF:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`If you have any reason to dispute the past-due amount listed above, or if you believe your Loan is
`current, please contact us at the telephone number previdecl. below.
`
`Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2
`within 35 days from the date of this notice in order to cure this default. All late fees, NSF fees, and
`other fees and advances are still valid and will need to be repaid under the terms of your loan
`documents.
`
`If you fail to cure the default on or before 12/17/2013, Chase may accelerate the maturity of the Loan,
`declare all sums secured by the Security Instrument immediately due and payable, and commence
`foreclosure proceedings, all without further notice to you. If this happens, Chase will be entitled to
`collect its expenses incurred in pursuing the remedies provided in the Security Instrument, which may
`include, but not. be limited to, allowable foreclosure/attorney fees,.and other expenses permitted by
`your loan documents or applicable law.
`
`You have the right to reinstate alter. acceleration of the Loan and the right to-bring a court action to
`assert the nonexistence of a default, Or any other defense to acceleration, foreclosure, and sale.
`However, the. amount required to reinstate may be higher than what is owed under Paragraph 2 above,
`due to additional fees and charges that we-are entitled. to collect under the Loan, including attorney
`fees, if permitted by law, related to any foreclosure action we initiate.
`
`. Kindly remit the total amount due, shown in Paragraph 2 above, to theremittance. address listed below.
`Please note that Chase pol icy-requires certified funds iftwo insuffi cient funds (NSF) payments have
`been received in the last six mouths. In this event, Chase will notiaecept a Direct Check, FastPay or
`SpeedPay._ Payments cannot be made atChase retail bank branches. Please refer to the addresses below
`for payment information or contact us if you have any questions.
`
`Regular Mail:
`
`Overnight Mail:
`
`CHASE
`PO! BOX 78420
`
`PHOENIX, AZ 85062-8420
`
`CHASE
`PO BOX 78420 1820 EAST SKY HARBOR CIRCLE SOUTH
`PHOENIX, AZ 85034-9700
`
`Except as required by law, we are under no obligation to accept less than the full amount owed. if you
`send us less than the full amount owed, we may in Our sole discretion apply Such partial payment to
`your Loan without waiving any default-or waiving. our right to accelerate the Loan and continue with
`foreclosure proceedings in accordance with Paragraph 4 above.
`
`If you are unable to pay the-amount past due, Chase-has a variety-ofhomeowners’ assistance programs
`that might help you resolve your default and keep your home; however, we need. to talk with you to
`discuss these options and determine whiéh of them might be appropriate for your circumstances, Please
`call us as soon as possible at 1-800-848-9380.
`
`'Raviewor ID: Mary;0wens_2017—OB —17_3.2 : 28 : 4 9
`
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`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX \TO-
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`NYSCI
`
`3F DOC. NO. 25
`RoCfiIVfiD NYSCEF:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`8. While the Loan remains in default, we will perform certain tasks to protect our interest in the
`Property, including visits to your Property at regular intervals during the default. This will be
`done to determine, as of the date of the inspection, the property condition, occupancy status, and
`possibly your plans for curing the default and paying this Lean on time, Youshould anticipate
`that any costs incurred by Chase will be added to the amount you new owe if permitted by your
`loan documents or applicable law.
`
`Chase offers one-on-one help to borrowers at Chase Homeownership Centers across the country. To find
`locations and learn more, visit www.chase.corn/MyI-[om_e or call 866-5 50-5705. Counseling is also
`available through a. variety of nonprofit organizations experienced in homeownership.counseling and
`approved by the Secretary- of Housing and Urban DeVBlopment (HUD). A listing of such organizations
`may be obtained by calling HUD toll—free at SOC—5694287 or at wwwhudgov.
`
`Sincerely,
`
`Chase
`1-800-848—9380.
`1-800-582—0542 ['1 Y
`www.chasceom
`
`Enclosed:
`
`~ Federal Trade Commission Pamphlet
`
`We are attemptingto collect a debt, and any infurmation obtained will be used for that purpOse.
`
`If you are represented by an attorney, please refer this letter to your attorney and provide us with
`the. attorney’s name, address, and telephone number.
`
`To the extent your original obligation was discharged, or is subject to an automatic stay of
`bankruptcy under Title 1] of the United States Code, this notice is for compliance andlor
`informational purposes only and does-not constitute an attempt to collect. a debt or to impose
`personal liability for such obligation. However, a secured party retains rights under its security
`instrument, including the right to foreclose its lien.
`
`FOR NEW YORK CUSTOMERS ONLY:
`We recently sent you a notice 1that is required under New York law that you are at risk oflosing your
`home due to delinquency, and that you have. several options available to you thatmay help you keep your
`home. The notice provided that if the delinquency was not resolved within ninety (90} days from the date
`that notice was mailed, wernay commence legal action against you. The law does not require us to wait
`until the end of the ninety (90)-day period before sending you this thirty (30)-d'ay demand letter. You still
`have the full ninety (90) days from the date that notice was mailed to resolve the delinquency before we
`will commence legal action.
`
`01-9854 - 2 of 3 NSPDHDLA-N'D J0453013-0000000
`
`Reviewer ID ; Mary_0wens__2017-08-17__12 : 28 : 49
`
`
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`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX \10'
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`
`
`
`NYSCEF DOC. NO. 25
`R«.C«.IV«.D NYSCEF:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
`If you are or recently were on active duty or active service, you may be eligible for benefits and
`protections under the federal Servicemembers Civil Relief Act (SCRA). This includesprotection from
`foreclosure or eviction. You may also be eligible for benefits and protections under state law or Chase
`policy. SCRA and state Military benefits and protections. also-may be available if you are the dependent
`of an eligible Servicemember.
`
`Eligible service may include:
`0 Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or
`0 Active service as a commissioned officer of the National Oceanic and Atmospheric
`Administration, or
`0 Active service as a commissioned officer of the Public Health Service, or
`0
`Service with the forces of a nation with which the United States is allied in a war or Military
`action, or
`Service with the National Guard of a state militia under a state call of duty, or
`6
`c Any period when you are absent from duty because of sickness, wounds, leave, or other lawfiil
`cause.
`
`For more information, please call Chase Military Services at 1-877-469—01 10.
`
`AN IMPORTANT REMINDER FORALL OUR CUSTOMERS
`As stated in the “Questionsand Answers for Borrowers about the Homeowner Affordability and Stability
`Plan” distributed by the Obama Administration, “Borrowers should beware of any organization that
`attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they
`require. afee in advance.” Do-not Sign over the deed to your property to any organization or individual
`unless you-are working directly with your mortgage company to forgive your debt. Never make a
`mortgage payment to anyone other than your mortgage company without their approval. Loan
`modification seams should be reported to PreventLoanScams.org, or by calling i-888~995‘-I-10PE,
`1—888—995—4673. We offer loan modification assistance free of charge (i.e., no modification fee required).
`Please call us immediately at 1-866—550-5705 to discuss your options. The longer you delay, the fewer
`options you may have.
`
`BWlGO
`
`Reviewer ID: MaryflpwenstOl'I —OB—17‘_12:28:49
`
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`EX \lO .
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`IND
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`
`NYSCI 3F DOC. NO. 25
`RnCnIVnD NYSCEF:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`
`
`Facing foreclosure? Scammers are targeting people having trouble paying their mortgages.
`Some claim .to be able to “r'eScue” homeowners from foreclosures, while others promise loan
`modifications _ fern-fee. The Federal Trade Commission, the nation‘s consumer protection
`agency, wants you'to know how to avoid scams that could make your housing situation go fi'orn bad
`to worse.
`
`Don't Get Hit by a Pitch.
`”'We can stop yourforeclosure! ''
`"9 7%. success mtg! "
`"Guaranteed to save your home! "
`These kinds of claims are the tell-tale signs of
`a foreclosure rip—off. Steer clear of anyone
`who offers an easy out.
`
`Don't. Pay for a Promise.
`Don’t pay any business, organization, or
`person who promises to prevent foreclosure or
`get you a new mortgage. These son-called
`“foreclosure rescue companies” claim they
`can help save your home, but they’re out to
`make a quick buck. Some may request hefty
`fees in advance n and. then stop returning your
`calls. Others may string you along before
`disclosing their charges. Cut off all dealings if
`someone insists on a fee.
`
`Send Payments Directly.
`Some scammers offer to- handle financial
`arrangements for you, but then just pocket
`your payment. Send your mortgage payments
`ONLY to your mortgage servicer.
`
`Don't Pay for a Second Opinion.
`Have you applied for a loan modification and
`been turned down? Never pay for a “second
`opinion.“
`
`imitations -= Frustrations.
`Some con artists use names, phone numbers,
`and websites to make it look like they’re part
`of the government. If you want to contact a
`government agency, type the web. address
`directly into your broviser and look up any
`address you aren’t sure about. Use phone.
`numbers listed on agency websites or in other
`reliable sources, like the Blue Pages in your
`phone directory. Don’t click on links or open
`any attachments in unexpected emails.
`
`Talk to a HUD-Certified Counseling
`Agency - For Free.
`If you’re having trouble paying your mortgage
`or you’ve already gotten a delinquency notice,
`free help is a phone call away. Call 1-888-995
`-HOPE for free personalized advice- from
`housing counseling agencies certified by the
`U.S. Department of Housing and Urban
`Development (HUD). This national hotline -
`open 24/7 — is operated by the-
`Homeownership Preservation Foundationz a
`nonprofit member of the HOPE NOW
`Alliance of- mortgage industry members and
`HUD-certified counseling agencies. For free
`guidance oniine, visit www.hopen‘ow.eom.
`For free information on the President’s plan to
`help homeowners, visit
`wwwmakinghomeaffordablegov.
`
`
`
`—
`
`Federal Trade Comrnnsien
`llc.gr>v_/Moiieyivlaliers
`
`019854 - 3 of 3 NSPDHDLA-ND .10453013 0000000
`
`Reviewer ID: Maxy_0wens_20 1'7 —03 —i '7_l_2 2 2 8 : 49
`
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`INDEX V0.
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`nIV
`RfiC
`
` nD NYSC
`3F:
`NYSCEF DOC. NO. 25
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`Call
`
`1-888-995—HOPE
`
`for free personalized guidance from housing counseling agencies certified
`
`by the US. Department of Housing and Urban Development. The
`
`Homeowner's HOPETM Hotline - open 24/7 — is operated by the
`
`Homeownership Preservation FOimdationi a nonprofit member ofthe
`
`HOPE NOW Alliance of mortgage industry members and
`
`HUD-certified counseling agencies. Or visit
`
`www.hopenow.com
`
`
`
`For free information on the President's plan to help homeowners, Visit
`
`www.makinghomeaffordablegov
`
`
`
` witnesses?-
`
`Sumac-{I . «madman gar f-io-ntcwaws
`
`
`
`b
`m.
`vfi H E
`m3
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`MAKENG HQNEE AF EQ'RBABLEpGQV
`
`Reviewe; ID: Maxy_9wens_2017-08417_;2228:49
`
`12 of 54
`12 of 54
`
`

`

`
`INDEX V0.
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
` fiIV
`RfiC
`NYSC 3F DOC. NO. 25
` fiD NYSC
`3F:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`Exhibit B
`
`Reviewer ID: MarymOwenSAZOl'T—DB-17_12:28:49
`
`13 of 54
`13 of 54
`
`

`

`
`N
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`FILED
`40
`
`WESTCHESTER COUNTY CLERK 09m2017 12
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`
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`F DOC. NO.
`25
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
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`14 of 54
`14 of 54
`
`

`

`
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`OC
`EH5C2To.mNc.OmD
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`RECEIVED NYSCEF: 09/15/2017
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`15 of 54
`15 of 54
`
`

`

`
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX “0- 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`
`
`NYSCEF DOC . NO . 25
`R~.C«.IV«.D NYSCEF:
`0 9/15/2 017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`""s'o Finsr'cmss PROOF OF MAILING Fen "11211:?"
`PAGE; as
`
`
`lMIL-GITY
`MAIL-Aoansw
`MG MZ1P PROFEmY—Appnsss
`PROPERTY-'STfiTE
`'Fs PZIP CEHTEFIED'ARTICLE NUM
`IMIL-AD'DH'ESSI
`LTHJD Lan'N NUMBER RI NAME
`I
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`-~-——--—~
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`
`
`" ma NA Arr'zn'
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`vomens H 'IW' 70132WWRTOAVA2D _'
`I H
`I
`
`Reviewer ID : Mary_0wens_201 7~08~l7_l2 _: 2B 2 49
`
`16 of 54
`16 of 54
`
`

`

`
`INDEX V0.
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`R4 .C fiIV
`NYSC 3F DOC. NO. 25
` fiD NYSC
`3F:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`Exhibit C.
`
`Reviewer ID ‘. Mary__0wen§_2017 ~08-ni'7_12 : 2 8 : 4 9
`
`17 of 54
`17 of 54
`
`

`

`
`\IO.
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
` 3F:
`
`
`
`NYSCI
`
`3F DOC. NO. 25
`R«.C«.IV«.D NYSCI
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`Chase (0114:7399)
`R0. Box 183205
`Columbus, OH 43218
`For Undeliverablc Mail Only
`
`009455“ l at 7 N5PDHDLA~NDJ6367208 DOOD'QOD
`
`THOMAS J SULZER
`632 WARBURTON AVE APT 2D
`YONKERS, NY 10701—1633
`
`CHAS E 9
`
`03/25/2015
`
`You Could Lose Your Home
`
` Account:
`the “Loan)
`'
`.f
`Property Address: 632 WARBURTON AVE APT ZD
`YONKERS, NY 107m (the “Property"?
`
`Dear THOMAS J SULZER:
`
`HELP FOR HOMEOWNERS AT RISK OF
`
`FORECLOSURE
`
`New York State Law requires that we send you this information about the
`foreclosure process. Please read it Carefully.
`
`NOTICE
`
`You are in danger of losing your home. You are in default of your obligations-
`under the lean secured by your rights to your cooperative apartment. It is
`important that you take action, if you Wish to avoid losing your home.
`
`SOURCES OF INFORMATION AND ASSISTANCE
`
`The State encourages you to become informed about your options, by seeking
`assistance from an attorney, a legal aid office, or a government agency or
`nonprofit organization that provides counseling- with respect to home
`foreclosures. To locate a housing counselor near you, you may call the. toll-free
`helpline maintained by the New York State Department of Financial Se‘r'vi'Ces
`at 877-226-5697 or visit the Department’s Website at 'http:l/www..dfs.ny.gov.
`
`Reitiewer ID: Mary_0wens_201'7-—08.nl"?_l'2 : 23 : 49
`
`18 of 54
`18 of 54
`
`

`

`
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX \10'
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
`
`NYSCI
`
`3F DOC. NO. 25
`R«.C«.IV«.D NYSCEF:
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`One of these persons or organizations may be able to help you, including
`trying to work with your lender to modify the loan to make it more
`affordable.
`
`FORECLOSURE RESCUE SCAMS
`
`Be careful of peoplewho approach you with offers to “save” your home.
`There. are individuals Who Watch for notices of foreclosure actions or.”
`
`collateral sales 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 any papers that transfer rights of any kind to your
`cooperative apartment. 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.
`
`Sincerely,
`
`Chase
`800—848-9330
`
`800-582—0542 TDD / Text Tclephom
`www.chasccom
`
`Enclosure
`
`— Housing Counseling Agencies: New York
`
`CERTIFIED MAIL: Retum Receipt Requested and First Class Mail
`
`IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
`If you are or recently were on active duty or active service, you may be eligible for benefits and
`protections under the federal Servicemcmbcts Civil Relief Act (SCRA). This includes protection from
`foreclosure or eviction. You may also be eligible for benefits and protections under state law. SCRA and
`state Military benefits and protections also may be available ifyou are the dependent. of an eligible
`Sc rvicemcmber.
`
`Eligible service may. include:
`0 Active duty withithe Anny, Navy,.Air Force, Marine Corps, or'Coast' Guard, or
`0 Active service as acommissioned officer of the National Oceanic and Atmoapheric
`Administration, or
`- Active service as acornmission‘ed officer of the Public Health Service, or
`0
`Service with the forces of a nation with which the United States is allied .in awar 01' Military
`action, or
`
`Service with the National Guard of a state militia under a state call of duty, or
`a
`I Any period when you are absent from duty because of SiCkness, wounds, leave, or other lawful
`canso .
`
`Formore infomation, please call Chase Military Services at 877-469-0110.
`
`Reviewer ID: bdary_0wensu2017—O.B—l 7&12 : 28 :4 9
`
`19 of 54
`19 of 54
`
`

`

`
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`INDEX \TO- 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
`
`
`
` L‘J
`
`
` fiIVfiD NYSCI
`NYSCEF DOC. NO. 25
`R4.C
`F: 09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`We are a debt collector.
`
`If you are represented by an attorney, please refer this letter to your attorney and provide us with
`the attorney’s name, address, and telephone number.
`
`To the extent your origin-a] obligation was discharged, or is subject to an automatic-stay of
`bankruptcy under Title 11 of the United States Code. this notice is for compliance andlor
`informational purposes only and does not constitute an attempt to collect a debt Or to impose
`personal liability for such obligation.
`
`BW04-4
`
`000455 - 2 of 7 NSPOHDLAI-ND .16367208 0090000
`
`Reviewer ID: Mazy_0wens__2-017-08v-l7_12 : 28 z 49.
`
`20 of 54
`20 of 54
`
`

`

`
`56449/2017
`INDEX NO. 56449/2017
`FILED: WESTCHESTER COUNTY CLERK 09/15/2017 12:04 PM
`
`INDEX
`FILED: WESTCHESTER COUNTY CLERK 09m2017 12:04 PM
` L‘J F:
`
`
`
`
`
`NYSCI
`*.C*.IV*.D NYSCC
`3F DOC. NO. 25
`R
`09/15/2017
`NYSCEF DOC. NO. 25
`RECEIVED NYSCEF: 09/15/2017
`
`HOUSING COUNSELING AGENClES — NEW YORK
`
`'
`
`ALBANYCOUNTY
`Affordable Housing Partnerst'tip
`Albany County Rural Housing
`
`ADDRESS
`
`—
`513-434—1730 255 Drama Street
`518-756-3656 Faith Plaza, Route 9W fl
`51623543920 10 Cayuga Plaza
`
`Consumer Credit Counseling
`
`800479-6026
`
`
`518—473-1973 44 Holtand Avenue
`-N.Y. StateOffioe for People with
`
`
`Developmental Disabilities and
`
`Development Office of Housing
`
`
`initiatives and Support (DF‘WDD)
`
` 518-436-8997 33 Clinton AVenUe
`United Tenants ot' Alban
`
`.ALLEGANY COUNTY
`
`ACCORD Co wration
`Bishop Sheen Ecumenical Houeing
`Foundation
`
`585-268-7605 54 Schuyler Street PO. Box-
`573
`565-461-4263 935 East'Avenue
`Suite 300
`
`South Buffalo
`
`ext 3015
`
`4‘“ Floor
`
`American Debt Resources
`
`800.498 0766 2480 Larkfield Road
`
`mm”
`
`cnv
`
`Albany
`Ravens
`Cohoes
`
`Albany
`
`Albany
`
`Alban
`
`Belmont
`
`Rochester
`
`East
`Northort
`”'9‘” “°”‘
`
`ZtP
`CODE
`12210
`
`12143
`1 2047
`1 2205
`
`1 2229
`
`1 220'?
`
`14313
`
`14607
`
`-1 4220
`
`1 4607
`
`11731
`
`1 0002
`
`
`
`
`
`10039
`
`10591
`
`10018
`
`13901
`1 3501
`
`13903
`13515
`
`1 4224
`
`1 4220
`
`1 4760
`1 4607
`
`1 4850
`
`14607
`
`1 3214
`
`13202
`
`13202
`
`1460
`
`1 4757
`
`4048
`_n._L A.4O._u
`
` Center 'for New York City' .646u786-08t35 74 Trinity Place New Work 10006
`
`Neighborhoods CNYCN
`Suite 1302
`Greenpath
`888-776-6735 3250 WEstchester Avenue
`Bronx
`10461
`Suite 111
`212-281-4887 2854 Fredrick Douglass
`Boulevard
`9146324144 -55 South Broadwa
`718-230-7610 307 West 36‘n Street
`12*“ Floor
`
`
`
`Harlem Congregations for
`Commun'
`'lm-rovement
`Housing Action-Council
`Neighborhood Housing Services at
`New York City — Homeownership
`Center 1
`BRODME COUNTY
`Consumer Credit Counseling
`Services of Central New York
`
`
`
`New York
`
`800-479-6026 49 Court Street — The Metro
`Center
`
`Binghamton
`
`Metro Interfaith Housin Council
`Opportunities for Chenango
`
`CATTARAUGUS COUNTY
`Consumer Credit Counsefing
`Services of Buffalo. Inc.
`Neighborhood Housing Services of
`South Buffalo
`
`NeihborWorks Home Resources
`The Housing Council
`
`2"d Floor
`607-772-6766 21 New Street
`607-336-2101
`43 Hale Street
`ext 116
`
`800-926-9685 40 Gardenville Parkway
`7163124060 Suite 300
`716-823

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