Preview
FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF fO
Plaintiff, Index No. S 3 3 / OS ®t3
v.
VERIFIED PRO SE ANSWER
TO FORECLOSURE
COMPLAINT
NND COUNTERCLAIMS
[Defendant: check this box if you Ï
checked any item in the
"counterclaim"
section below]
Defendant(s).
Defendant CN U e-- ChÅ 3 Pro Se, answers the complaint in this
proceeding as follows:
I generally deny each allegation of the Complaint, including any allegation that Plaintiff is the
owner of the note and mortgage.
I plead the following Defenses and Counterclaims:
DEFENSES
Lack of Standing: Plaintiff, upon information and belief, was not the legal owner of the
note and/or mortgage, and did not otherwise have the right to enforce the mortgage, at the
time it commenced this foreclosure lawsuit and therefore lacks standing.
Foreclosure Cause of Action: Plaintiff has not pleaded that it owns the note and mortgage,
which is an element of a foreclosure cause of action, and it therefore has failed to plead a
foreclosure cause of action.
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Statute of Limitations (NY Civil Practice Law and Rules § 213(4)): Plaintiff may not sue on
all or part of the mortgage debt because Plaintiff, upon information and belief, commenced
this action more than six years after the debt became due, which defense also supports the
separately pleaded counterclaim to cancel and discharge the mortgage under NY Real
Property Actions and Proceedings Law § 1501(4).
Service of Process (NY Civil Practice Law and Rules § 308): I was not properly served with
process in this action for the following reason(s): f 1 tù
g/(p
1-F yÅ m 47.
«/uly
Prior Pending Action (NY Real Property Actions and Proceedings Law § 1301): Plaintiff
impermissibly commenced this action because there is a prior pending action to recover all or
part of the mortgage debt.
O No Default/Payment or Partial Payment: I have paid, in whole or in part, the amounts
claimed by Plaintiff, or the amounts claimed by Plaintiff are not due, or the loan is otherwise
not in default.
Reverse Mortgages
Reverse Mortgage--Notice Requirements: Plaintiff failed to comply with the notice
requirements under New York and/or federal law or failed to comply with contractual
requirements of the reverse mortgage, which are conditions precedent to this foreclosure
action.
O Reverse Mortgage-Failure to Specify Alleged Default: The complaint is vague and does
not specify the alleged default and/or the amount(s) plaintiff claims in this action.
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O Reverse Mortgage-Foreclosure on a Reverse Mortgage for Property Charge Defaults
is Against Public Policy: The purpose of reverse mortgage loans under the Home Equity
Conversion Mortgage ("HECM") program is to assist senior citizens to stay in their homes,
and reverse mortgage lenders have other remedies in the event of alleged failure to pay
property charges. Plaintiff, accordingly, as a matter of equity and public policy, should not be
permitted to foreclose.
Reverse Mortgage-NY Real Property Law § 280-b: Plaintiff and/or its predecessor-in
interest, upon information and belief, violated the requirements of NY Real Property Law
§ 280-b, compliance with which is a condition precedent to commencing an action to
foreclose on a reverse mortgage loan covered by that statute, mandating dismissal of this
foreclosure action, which defense also supports the separately pleaded counterclaim for
damages under NY Real Property Law § 280-b.
Predicate Notices/Conditions Precedent
Notice of Default: Plaintiff failed to comply with the requirements for the notice of default in
my mortgage loan agreement, a condition precedent to this foreclosure action.
90-Day Notice Requirement (NY Real Property Actions and Proceedings Law § 1304):
Plaintiff failed to comply with the requirements of NY Real Property Actions and
Proceedings Law § 1304, a condition precedent to this foreclosure action.
90-Day Notice Filing Requirement (NY Real Property and Proceedings Law § 1306):
Plaintiff failed to comply with the requirements of NY Real Property and Proceedings Law
§ 1306, a condition precedent to this foreclosure action.
Help for Homeowners in Foreclosure Notice Requirement (NY Real Property Actions
and Proceedings Law § 1303): Plaintiff failed to comply with the requirements of NY Real
Property and Proceedings Law § 1303, a condition precedent to this foreclosure action.
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Real Estate Settlement Procedures Act
Real Estate Settlement Procedures Act Early Intervention Requirement (12 C.F.R.
§ 1024.39): Upon information and belief, Plaintiff violated the early intervention
requirements of the Real Estate Settlement Procedures Act because (check one or both if
applicable):
Within 36 days of my delinquency, the loan servicer did not attempt to establish live
contact with me to inform me about the availability of loss mitigation options.
Within 45 days of my delinquency, the loan servicer did not send me a written notice
that included contact information for the servicer, a description of loss mitigation
options available from the servicer, information about applying for loss mitigation,
and a website listing housing counselors.
Real Estate Settlement Procedures Act Pre-Foreclosure Review Requirement (12 C.F.R.
§ 1024.41): Plaintiff impermissibly filed this foreclosure during the pre-foreclosure review
period because (check one or both if applicable):
O Plaintiff commenced this action before my loan was more than 120 days delinquent.
I submitted a complete loss mitigation application to my loan servicer but Plaintiff
commenced this action (1) before the loan servicer made a decision on that
application, (2) before the time period to appeal the loan servicer's decision lapsed, or
(3) before the loan servicer made a decision on an appeal I submitted in connection
with the loss mitigation application.
FHA-Insured Loans
FHA Pre-Foreclosure Requirements: My loan is insured by the Federal Housing
Administration. Upon information and belief, the loan servicer/mortgagee has not complied
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with regulations of the Department of Housing and Urban Development because the loan
servicer/mortgagee did not do one or more of the following (check all that are applicable):
O Send me a notice of default before the end of the second month of my delinquency
(24 C.F.R. § 203.602).
O Attempt to arrange a face-to-face interview with me before three full monthly
installments due under the mortgage were unpaid (24 C.F.R. § 203.604).
O Evaluate me for loss mitigation before four full monthly installments due under the
mortgage were unpaid (24 C.F.R. § 203.605).
O Wait until three full monthly installments due under the mortgage were unpaid before
commencing this foreclosure action (24 C.F.R. § 203.606).
****
Certificate of Merit Requirement (NY Civil Practice Law and Rules § 3012-b): Upon
information and belief, Plaintiff failed to comply with the Certificate of Merit requirements of
NY Civil Practice Law and Rules § 3012-b.
Request for Judicial Intervention (NY Codes, Rules and Regulations Title 22, 202.12-
§
a(b)): Upon information and belief, Plaintiff did not file a Request for Judicial Intervention.
Excessive Interest and Fees (NY Civil Practice Law and Rules § 3408(f)): In a prior
foreclosure action, Plaintiff failed to negotiate in good faith pursuant to CPLR 3408(f). This
failure to negotiate in good faith has caused excessive interest and fees to accrue which
Plaintiff, as a matter of equity and by operation of the CPLR, is not entitled to recover.
Excessive Interest (NY Civil Practice Law and Rules § 5001(a)): Plaintiff has unreasonably
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delayed filing this action, failed to file the Request for Judicial Intervention or engaged in
other dilatory conduct causing excessive interest to accrue which the Court may reduce or
toll, as a matter of equity and pursuant to NY Civil Practice Law and Rules § 5001(a).
Action Commenced Against a Deceased Party: This action is a nullity because it was
commenced against after that party was already deceased and before a
personal representative was appointed and it should therefore be dismissed.
Failure to Join Necessary Party: This action should be dismissed because of Plaintiff's
failure to join a necessary party.
O Coronavirus Foreclosure Moratoriums/Forbearance and Loss Mitigation Programs:
Plaintiff failed to comply with federal or New York State law requiring forbearance and loss
mitigation programs for borrowers affected or impacted by the Coronavirus pandemic, or it
commenced this action in violation of federal or New York State law imposing moratoriums
on the commencement of residential foreclosure actions, or otherwise in violation of any
applicable Executive Order promulgated by the Governor of the State of New York or
Administrative Orders promulgated by the Chief Administrative Judge of the State of New
York.
Equitable Defenses
O Unclean Hands and/or Unconscionability: This action is barred by the doctrine of unclean
hands and/or unconscionability for the following reason(s):
O Implied Covenant of Good Faith and Fair Dealing: Plaintiff or its predecessor-in-interest
violated the covenant of good faith and fair dealing implied in all contracts and is barred from
recovery in this action for the following reason(s):
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O Other Defenses or Counterclaims (attach additional pages if needed):
COUNTERCLAIMS
L_Quiet Title/Cancel and Discharge the Mortgage: The statute of limitations for
commencement of this foreclosure action on the subject mortgage has expired because Plaintiff,
upon information and belief, commenced this action more than six years after it accelerated the
mortgage debt. Plaintiff is not in possession of the mortgaged property and I am the owner of the
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property and therefore am entitled to a judgment cancelling and discharging the mortgage and
adjudging the property free of any encumbrance by such mortgage pursuant to NY Real Property
Actions and Proceedings Law § 1501(4).
O Violations of NY Real Property Law § 280-b: I have been injured by reason of Plaintiff's
and/or its predecessor-in-interest's violations of NY Real Property Law § 280-b or the rules and
regulations of the federal Department of Housing and Urban Development relating to the home
equity conversion mortgage program and I am therefore entitled to recover treble and actual
attorneys'
damages, in addition to reasonable fees if I retain an attorney, in an amount to be
proven at trial.
Attorney's Fees (NY Real Property Law § 282): If I retain counsel, I am entitled to recover
my attorney's fees in defending this action pursuant to New York Real Property Law § 282.
Wherefore, Defendant requests that the Complaint be dismissed; that judgment in favor
of Defendant be granted on Defendant's counterclaims in their entirety; that Defendant be
attorneys'
granted costs and fees if he or she retains counsel; and that Defendant be granted any
other relief allowed by law or equity as this Court shall deem just and proper.
Dated: h, New York
3. , 20 GL3
CÂ (»J , Defendant Pro Se
(Defendant's Signature)
(Defendant's Name) CA
(Defendant's Address)
(Defendant's Address) c 3
(Defendant's Telephone Number)
Prepared with the assistance of counsel admitted in New York
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VERIFICATION
I, bC..Nfh , being duly sworn, state that the within
Answer is rue to the best of my kno ledge, except as to tho matters alleged upon information
and belief, which I believe to be true
(Defendant'
ignature)
Sworn to and subscribed before me this
t7 day of ()4. l>u , 20 5t-3 Ricky He
Notary Public, State of New Ybrk
No. 02HE6372074
Qualified in Kin s
County
Commission expires:- r ?_. / ta L 4
Notary Public
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________________________________________________________________________Ç
THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A. FKA THE BANK OF NEW YORK
TRUST COMPANY, N.A., AS TRUSTEE FOR CHASE
MORTGAGE FINANCE CORPORATION MULTI-CLASS Index No. 533105/2023
MORTGAGE PASS-THROUGH CERTIFICATES
CHASEFLEX TRUST SERIES 2007-1,
AFFIRMATION
Plaintiff, OF SERVICE
-against-
MARCIA B. BEACHE ET AL.
Defendant(s).
__________________________________________________________________________Ç
Ricky He, an attorney duly licensed to practice law in the Courts of the State of New
York, affirms under penalty of perjury as follows:
1. I am over eighteen years of age, I am not a party to this proceeding, and I am a
2nd
staff attorney at Brooklyn Legal Services, 29 Albany Avenue, FlOOr, Brooklyn, NY 11216.
2. On January 8, 2024, I served the within Verified Pro Se Answer to Foreclosure
Complaint and Counterclaims by Marcia Beache, dated December 27, 2023, on the address for
Plaintiff's attorneys stated below, by U.S.P.S. Certified Mail with tracking number 9589 0710
5270 1404 2795 32:
Hinshaw & Culbertson LLP
13th
800 Third Avenue, FlOOr
New York, NY 10022
Dated: Brooklyn, New York
January 8, 2024
I affirm this 8th day of January, 2024, under the penalties of perjury under the laws of New
York, which may include a fine or imprisonment, that the foregoing is true, and I understand that
this document may be filed in an action or proceeding in a court of law.
Ricky He, Esq.
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Preview
FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF fO Plaintiff, Index No. S 3 3 / OS ®t3 v. VERIFIED PRO SE ANSWER TO FORECLOSURE COMPLAINT NND COUNTERCLAIMS [Defendant: check this box if you Ï checked any item in the "counterclaim" section below] Defendant(s). Defendant CN U e-- ChÅ 3 Pro Se, answers the complaint in this proceeding as follows: I generally deny each allegation of the Complaint, including any allegation that Plaintiff is the owner of the note and mortgage. I plead the following Defenses and Counterclaims: DEFENSES Lack of Standing: Plaintiff, upon information and belief, was not the legal owner of the note and/or mortgage, and did not otherwise have the right to enforce the mortgage, at the time it commenced this foreclosure lawsuit and therefore lacks standing. Foreclosure Cause of Action: Plaintiff has not pleaded that it owns the note and mortgage, which is an element of a foreclosure cause of action, and it therefore has failed to plead a foreclosure cause of action. 1 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024 Statute of Limitations (NY Civil Practice Law and Rules § 213(4)): Plaintiff may not sue on all or part of the mortgage debt because Plaintiff, upon information and belief, commenced this action more than six years after the debt became due, which defense also supports the separately pleaded counterclaim to cancel and discharge the mortgage under NY Real Property Actions and Proceedings Law § 1501(4). Service of Process (NY Civil Practice Law and Rules § 308): I was not properly served with process in this action for the following reason(s): f 1 tù g/(p 1-F yÅ m 47. «/uly Prior Pending Action (NY Real Property Actions and Proceedings Law § 1301): Plaintiff impermissibly commenced this action because there is a prior pending action to recover all or part of the mortgage debt. O No Default/Payment or Partial Payment: I have paid, in whole or in part, the amounts claimed by Plaintiff, or the amounts claimed by Plaintiff are not due, or the loan is otherwise not in default. Reverse Mortgages Reverse Mortgage--Notice Requirements: Plaintiff failed to comply with the notice requirements under New York and/or federal law or failed to comply with contractual requirements of the reverse mortgage, which are conditions precedent to this foreclosure action. O Reverse Mortgage-Failure to Specify Alleged Default: The complaint is vague and does not specify the alleged default and/or the amount(s) plaintiff claims in this action. 2 2 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024 O Reverse Mortgage-Foreclosure on a Reverse Mortgage for Property Charge Defaults is Against Public Policy: The purpose of reverse mortgage loans under the Home Equity Conversion Mortgage ("HECM") program is to assist senior citizens to stay in their homes, and reverse mortgage lenders have other remedies in the event of alleged failure to pay property charges. Plaintiff, accordingly, as a matter of equity and public policy, should not be permitted to foreclose. Reverse Mortgage-NY Real Property Law § 280-b: Plaintiff and/or its predecessor-in interest, upon information and belief, violated the requirements of NY Real Property Law § 280-b, compliance with which is a condition precedent to commencing an action to foreclose on a reverse mortgage loan covered by that statute, mandating dismissal of this foreclosure action, which defense also supports the separately pleaded counterclaim for damages under NY Real Property Law § 280-b. Predicate Notices/Conditions Precedent Notice of Default: Plaintiff failed to comply with the requirements for the notice of default in my mortgage loan agreement, a condition precedent to this foreclosure action. 90-Day Notice Requirement (NY Real Property Actions and Proceedings Law § 1304): Plaintiff failed to comply with the requirements of NY Real Property Actions and Proceedings Law § 1304, a condition precedent to this foreclosure action. 90-Day Notice Filing Requirement (NY Real Property and Proceedings Law § 1306): Plaintiff failed to comply with the requirements of NY Real Property and Proceedings Law § 1306, a condition precedent to this foreclosure action. Help for Homeowners in Foreclosure Notice Requirement (NY Real Property Actions and Proceedings Law § 1303): Plaintiff failed to comply with the requirements of NY Real Property and Proceedings Law § 1303, a condition precedent to this foreclosure action. 3 3 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024 Real Estate Settlement Procedures Act Real Estate Settlement Procedures Act Early Intervention Requirement (12 C.F.R. § 1024.39): Upon information and belief, Plaintiff violated the early intervention requirements of the Real Estate Settlement Procedures Act because (check one or both if applicable): Within 36 days of my delinquency, the loan servicer did not attempt to establish live contact with me to inform me about the availability of loss mitigation options. Within 45 days of my delinquency, the loan servicer did not send me a written notice that included contact information for the servicer, a description of loss mitigation options available from the servicer, information about applying for loss mitigation, and a website listing housing counselors. Real Estate Settlement Procedures Act Pre-Foreclosure Review Requirement (12 C.F.R. § 1024.41): Plaintiff impermissibly filed this foreclosure during the pre-foreclosure review period because (check one or both if applicable): O Plaintiff commenced this action before my loan was more than 120 days delinquent. I submitted a complete loss mitigation application to my loan servicer but Plaintiff commenced this action (1) before the loan servicer made a decision on that application, (2) before the time period to appeal the loan servicer's decision lapsed, or (3) before the loan servicer made a decision on an appeal I submitted in connection with the loss mitigation application. FHA-Insured Loans FHA Pre-Foreclosure Requirements: My loan is insured by the Federal Housing Administration. Upon information and belief, the loan servicer/mortgagee has not complied 4 4 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF . DOC. . NO. 10 RECEIVED NYSCEF: 01/10/2024 with regulations of the Department of Housing and Urban Development because the loan servicer/mortgagee did not do one or more of the following (check all that are applicable): O Send me a notice of default before the end of the second month of my delinquency (24 C.F.R. § 203.602). O Attempt to arrange a face-to-face interview with me before three full monthly installments due under the mortgage were unpaid (24 C.F.R. § 203.604). O Evaluate me for loss mitigation before four full monthly installments due under the mortgage were unpaid (24 C.F.R. § 203.605). O Wait until three full monthly installments due under the mortgage were unpaid before commencing this foreclosure action (24 C.F.R. § 203.606). **** Certificate of Merit Requirement (NY Civil Practice Law and Rules § 3012-b): Upon information and belief, Plaintiff failed to comply with the Certificate of Merit requirements of NY Civil Practice Law and Rules § 3012-b. Request for Judicial Intervention (NY Codes, Rules and Regulations Title 22, 202.12- § a(b)): Upon information and belief, Plaintiff did not file a Request for Judicial Intervention. Excessive Interest and Fees (NY Civil Practice Law and Rules § 3408(f)): In a prior foreclosure action, Plaintiff failed to negotiate in good faith pursuant to CPLR 3408(f). This failure to negotiate in good faith has caused excessive interest and fees to accrue which Plaintiff, as a matter of equity and by operation of the CPLR, is not entitled to recover. Excessive Interest (NY Civil Practice Law and Rules § 5001(a)): Plaintiff has unreasonably 5 5 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024 delayed filing this action, failed to file the Request for Judicial Intervention or engaged in other dilatory conduct causing excessive interest to accrue which the Court may reduce or toll, as a matter of equity and pursuant to NY Civil Practice Law and Rules § 5001(a). Action Commenced Against a Deceased Party: This action is a nullity because it was commenced against after that party was already deceased and before a personal representative was appointed and it should therefore be dismissed. Failure to Join Necessary Party: This action should be dismissed because of Plaintiff's failure to join a necessary party. O Coronavirus Foreclosure Moratoriums/Forbearance and Loss Mitigation Programs: Plaintiff failed to comply with federal or New York State law requiring forbearance and loss mitigation programs for borrowers affected or impacted by the Coronavirus pandemic, or it commenced this action in violation of federal or New York State law imposing moratoriums on the commencement of residential foreclosure actions, or otherwise in violation of any applicable Executive Order promulgated by the Governor of the State of New York or Administrative Orders promulgated by the Chief Administrative Judge of the State of New York. Equitable Defenses O Unclean Hands and/or Unconscionability: This action is barred by the doctrine of unclean hands and/or unconscionability for the following reason(s): O Implied Covenant of Good Faith and Fair Dealing: Plaintiff or its predecessor-in-interest violated the covenant of good faith and fair dealing implied in all contracts and is barred from recovery in this action for the following reason(s): 6 6 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF . DOC. . NO. 10 RECEIVED NYSCEF: 01/10/2024 O Other Defenses or Counterclaims (attach additional pages if needed): COUNTERCLAIMS L_Quiet Title/Cancel and Discharge the Mortgage: The statute of limitations for commencement of this foreclosure action on the subject mortgage has expired because Plaintiff, upon information and belief, commenced this action more than six years after it accelerated the mortgage debt. Plaintiff is not in possession of the mortgaged property and I am the owner of the 7 7 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024 property and therefore am entitled to a judgment cancelling and discharging the mortgage and adjudging the property free of any encumbrance by such mortgage pursuant to NY Real Property Actions and Proceedings Law § 1501(4). O Violations of NY Real Property Law § 280-b: I have been injured by reason of Plaintiff's and/or its predecessor-in-interest's violations of NY Real Property Law § 280-b or the rules and regulations of the federal Department of Housing and Urban Development relating to the home equity conversion mortgage program and I am therefore entitled to recover treble and actual attorneys' damages, in addition to reasonable fees if I retain an attorney, in an amount to be proven at trial. Attorney's Fees (NY Real Property Law § 282): If I retain counsel, I am entitled to recover my attorney's fees in defending this action pursuant to New York Real Property Law § 282. Wherefore, Defendant requests that the Complaint be dismissed; that judgment in favor of Defendant be granted on Defendant's counterclaims in their entirety; that Defendant be attorneys' granted costs and fees if he or she retains counsel; and that Defendant be granted any other relief allowed by law or equity as this Court shall deem just and proper. Dated: h, New York 3. , 20 GL3 CÂ (»J , Defendant Pro Se (Defendant's Signature) (Defendant's Name) CA (Defendant's Address) (Defendant's Address) c 3 (Defendant's Telephone Number) Prepared with the assistance of counsel admitted in New York 8 8 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024 VERIFICATION I, bC..Nfh , being duly sworn, state that the within Answer is rue to the best of my kno ledge, except as to tho matters alleged upon information and belief, which I believe to be true (Defendant' ignature) Sworn to and subscribed before me this t7 day of ()4. l>u , 20 5t-3 Ricky He Notary Public, State of New Ybrk No. 02HE6372074 Qualified in Kin s County Commission expires:- r ?_. / ta L 4 Notary Public 9 9 of 10 FILED: KINGS COUNTY CLERK 01/10/2024 11:03 AM INDEX NO. 533105/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/10/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________________________________________________________________________Ç THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. FKA THE BANK OF NEW YORK TRUST COMPANY, N.A., AS TRUSTEE FOR CHASE MORTGAGE FINANCE CORPORATION MULTI-CLASS Index No. 533105/2023 MORTGAGE PASS-THROUGH CERTIFICATES CHASEFLEX TRUST SERIES 2007-1, AFFIRMATION Plaintiff, OF SERVICE -against- MARCIA B. BEACHE ET AL. Defendant(s). __________________________________________________________________________Ç Ricky He, an attorney duly licensed to practice law in the Courts of the State of New York, affirms under penalty of perjury as follows: 1. I am over eighteen years of age, I am not a party to this proceeding, and I am a 2nd staff attorney at Brooklyn Legal Services, 29 Albany Avenue, FlOOr, Brooklyn, NY 11216. 2. On January 8, 2024, I served the within Verified Pro Se Answer to Foreclosure Complaint and Counterclaims by Marcia Beache, dated December 27, 2023, on the address for Plaintiff's attorneys stated below, by U.S.P.S. Certified Mail with tracking number 9589 0710 5270 1404 2795 32: Hinshaw & Culbertson LLP 13th 800 Third Avenue, FlOOr New York, NY 10022 Dated: Brooklyn, New York January 8, 2024 I affirm this 8th day of January, 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. Ricky He, Esq. 10 of 10