Preview
FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF ONONDAGA
U.S. Bank Trust National Association, not in its Summonswith Notice of Action to
individualcapacity but solely as owner trustee for Foreclose a Mortgage
Legacy Mortgage Asset Trust 2018-RPL2
Plaintiff, Index Number
-against-
Filed on
Bruce Jones a/lda Bruce J. Jones a/k/a Bruce Joseph
Jones, United States of America (Northern District), The basis of venue is the location of
Board of Managers of Watertree of Dewitt the subject premises.
Condominium I, Endodontic Specialists PC and
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to
Plaintiff, the person or parties intended being the
tenants,occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises being foreclosed herein
Defendant(s).
WEAREATTEMPTINGTOCOLLECTA DEBTANDANYINFORMATION
OBTAINEDWILL BE USEDFORTHATPURPOSE
TOTHE ABOVE-NAMED
DEFENDANTS:
YOUAREHEREBYSUMMONED 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 Plaintiff s attorneys within 20 days after the service of this summons exclusive
of the day of service or within 30 days after completion of service where service is made in any
other manner than by personal delivery within the State. The United States of America, if
designated as a defendant in this action, may answer or appear within sixty (60) days of se1vice
hereof. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demandedin the complaint.
YOUHAVETHE RIGHT TOREQUESTTHATEACHCOMMUNICATION BE
PROVIDEDIN ANALTERNATIVE, REASONABLE A CCOMODATABLE FORMAT.
YOUMAYREQUEST THIS NOTICE ANDFURTURE COMMUNICATIONS IN AN
ALTERNATIVE, REASONABLE A CCOMMODATABLE TO YOU, SUCHAS LARGE
PRINT, BRAILLE, AUDIO COMPACT DISC, OROTHER MEANS.TOREQUEST
SUCHALTERNATIVE, PLEASECALL OUROFFICESAT 516-763-3200.
NOTICE
OF LOSINGYOURHOME
YOUAREIN DANGER
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.
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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.
YOUMUSTRESPONDBY SERVING A COPYOF THE ANSWERON THE
ATTORNEYFORTHE PLAINTIFF (MORTGAGECOMPANY)AND----"
FILING HE
ANSWERWITHTHECOURT.
Dated: December 13, 2023
Rockville Centre, NewYork
fed Eric May, Esq.
Sheldo
'
ay & Associates, P.C.
Attorneys for Plaintiff
& P.O. Address
Office
255 Merrick Road
Rockville Centre, NewYork 11570
(516) 763-3200
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HELP FORHOMEOWNERS
IN FORECLOSURE
NEWYORKSTATE LAW REQUIRES THAT WESEND YOU THIS
PROCESS. PLEASE READIT
NOTICE ABOUTTHE FORECLOSURE
CAREFULLY.
SUMMONS
ANDCOMPLAINT
YOUARE IN DANGEROF LOSING YOURHOME. IF YOUFAIL TO
RESPOND TO THE SUMMONSAND COMPLAINT IN THIS
FORECLOSURE ACTION, YOU MAYLOSE YOURHOME. PLEASE
READTHESUMMONS ANDCOMPLAINTCAREFULLY. YOUSHOULD
IMMEDIATLEY CONTACTANATTORNEY ORYOURLOCALLEGAL
AID OFICE TOOBTAIN ADVICE ONHOW
TOPROTECT YOURSELF.
OFINFORMATIONANDASSISTANCE
SOURCES
YOUTO BECOMEINFORMEDABOUT
THE STATE ENCOURAGES
YOUROPTIONSIN FORECLOSURE.
IN ADDITION TO SEEKING ASSISTANCEFROMAN ATTORNEY OR
LEGAL AID OFFICE, THEREARE GOVERNMENT AGENCIES AND
NON-PROFIT ORGANIZATIONSTHAT YOU MAY CONTACTFOR
INFORMATIONABOUTPOSSIBLEOPTIONS, INCLUDING TRYINGTO
WORK
WITHYOURLENDERDURINGTHIS PROCESS.
TO LOCATEAN ENTITY NEARYOU, YOUMAYCALL THE TOLL-
FREE HELPLINE MAINTAINED BY THE NEW YORK STATE
DEPARTMENT OF FINANCIAL SERVICESAT 1-800-269-0990 ORVISIT
THEDEPARTMENT'S WEBSITEAT www.DFS.NY.GOV
RIGHTS ANDOBLIGATIONS
YOUARENOTREQUIREDTO LEAVE YOURHOMEAT THIS TIME.
YOUHAVETHE RIGHT TO STAY IN YOURHOMEDURING THE
FORECLOSUREPROCESS. YOU ARE NOT REQUIREDTO LEAVE
YOURHOMEUNLESS AND UNTIL YOURPROPERTY IS SOLD AT
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AUCTION PURSUANTTO A JUDGMENTOF FORECLOSURE AND
SALE. REGARDLESSOF WHETHERYOUCHOOSETO REMAININ
YOUR HOME, YOU ARK REQUIREDTO TAKE CARE OF YOUR
PROPERTYAND PAY PROPERTYTAXES IN ACCORDANCEWITH
STATE ANDLOCALLAW.
RESCUESCAMS
FORECLOSURE
BK CAREFULOF PEOPIE WHOAPPROACH YOUWITH OFFERSTO
"SAVE" YOURHOME.THEREARKINDIVIDUALS WHOWATCH FOR
NOTICES OF FORECLOSUREACTIONS IN ORDERTO UNFAHu,Y
PROFIT FROMA HOMEOWNER'S DISTRESS. YOU SHOULDBK
KXTREMKI,Y CAREFULABOUTANY SUCHPROMISES AND ANY
SUGGESTIONSTHATYOUPAY THEMA FKK ORSIGN OVERYOUR
DEED. STATE LAWREQUIRESANYONEOFFERING SUCHSERVICES
FOR PROFIT TO ENTER INTO A CONTRACTWHICH FULLY
DESCRIBESTHK SERVICESTHEYWILI PERFORM ANDFEES THEY
WILL CHARGE,ANDWHICHPROHIBITS THEMFROMTAKING ANY
MONEYFROMYOU UNTIL THEYHAVE COMPLETED ALL SUCH
PROMISEDSERVICES.
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Notice to Tenants of Buildings in Foreclosure
New York State Law requires that we provide you this notice about the
foreclosure process. Please read it carefully.
We, U.S. Bank Trust National Association, not in its individual capacity bui
solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 are the
foreclosing party and are located at c/o Naiionstar Mortgage, 8950 Cypress
Waters Boulevard, Coppell, Texas 75019. Wecan be reached at 1-888-480-
2432.
The dwelling where your apartment located is the subject of a foreclosure
is
proceeding. If you have a lease, are not the owner of the residence, and the
lease requires payment of rent that at the time ii was entered into was not
substantially less than the fair market rent for the property, you may be
entitled to remain in occupancy for the remainder of your lease term. If you do
not have a lease, you will be entitled to remain in your home until ninety days
after any person or entity who acquires title to the property provides you with
a notice as required by section 1305 of the Real Property Actions and
Proceedings Law. The notice shall provide information regarding the name
and address of the new owner and your rights to remain in your home. These
rights are in addition to any others you may have if you are a subsidized
tenant under federal, state or local law or if you are a tenant subject to rent
control, rent stabilization or a federal statutory scheme.
ALL TENANTS AND RENT-CONTROLLED
RENT-STABILIZED
TENANTSAREPROTECTED UNDERTHKRENTREGULATIONSWITH
RESPECTTO EVICTION AND LEASE RENEWALS.THESE RIGHTS
ARE UNAFFECTEDBY A BUILDING ENTERING FORECLOSURE
STATUS. THK TENANTS IN RENT-STABILIZED AND RENT-
CONTROLLKD BUILDINGS CONTINUETOBE AFFORDED THESAME
LEVEL OF PROTECTIONEVEN THOUGHTHK BUILDING IS THK
SUBJECTOFFORECLOSURE.EVICTIONS CANONLYOCCUR IN NKW
YORKSTATK PURSUANTTOA COURTORDERANDAFTERA FULL
HKAIUNGIN COURT. IF YOU NEED FURTHERINFORMATION
PLEASE CALL THKNKWYORKSTATEDEPARTMENT OF FINANCIAL
SERVICES' TOLI-FREE HELPLINK AT 1-877-226-5697 ORVISIT THK
DEPARTMENT'S WEBSITKAT WWW.DFS.NY.GOV.
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NOTICE TODEFENDANT
DURINGTHECORONAVIRUS
EMERGENCY, YOUMIGHTBE ENTITLED
BY LAWTO TAKEADDITIONAL DAYSOR
WEEKSTO FILE AN ANSWERTO THIS
COMPLAINT.
YOURATTORNEY
PLEASE CONTACT
FORMOREINFORMATION.
IF YOUDON'T HAVEANATTORNEY,
PLEASEVISIT
http://ww2.nycourts.gov/admin/opp/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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AVISO A DEMANDADO
DURANTELA EMERGENCIA
DEL CORONAVIRUS,
PORLEY
ES POSIBLE QUEUSTEDTENGADERECHO
A TOMARD0ASOSEMANASADICIONALES
PARAPRESENTARUNARESPUESTA
A ESTAPETICIÓN
A SUABOGADO
PORFAVORCONTACTE PARAMAS
INFORMACIÓN.
SI USTEDNOTIENE UNABOGADO,
VISTE
http://ww2.nycourts.gov/admin/opp/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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OFTHESTATEOFNEWYORK
SUPREMECOURT
COUNTYOFONONDAGA
U.S. Bank Trust National Association, not in its individual Verified Complaint for an
capacity but solely as owner trustee for Legacy Mortgage Action to Foreclose a
Asset Trust 2018-RPL2 Mortgage
Plaintiff,
-against- Index Number:
Bruce Jones a/k/a Bruce J. Jones a/k/a Bruce Joseph Jones,
United States of America (Northern District), Board of
Managers of Watertree of Dewitt Condominium I, Endodontic
Specialists PC and "JOHN DOE#1" through " JOHNDOE
#12," and minown to
the last twelve names being fictitious
Plaintiff, the person or parties intended being the tenants,
occupants, persons or corporations, if any, having or claiming
an interest in or lien upon the premises being foreclosed
herein,
Defendants.
YOUHAVETHERIGHT TOREQUEST THATEACHCOMMUNICATION BE
PROVIDEDIN ANALTERNATIVE, REASONABLE ACCOMODATABLE FORMAT.
YOUMAYREQUESTTHIS NOTICE ANDFURTURECOMMUNICATIONS IN AN
ALTERNATIVE, REASONABLE A CCOMMODATABLE TO YOU, SUCH AS LARGE
PRINT, BRAILLE, AUDIO COMPACTDISC, OROTHERMEANS.TOREQUEST
SUCHALTERNATIVE, PLEASECALL OUROFFICESAT 516-763-3200.
U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee
for Legacy Mortgage Asset Trust 2018-RPL2 by its attorneys, Sheldon May & Associates,
complaining of Defendant(s), respectfully alleges upon information and belief as follows:
L Parties
A. Upon information and belief, that all times hereinafter mentioned, the Plaintiff
was and still is a statutory trust organized and existing under the laws of the State
of its incorporation, and is duly authorized to conduct business in the State of
New York. Bruce Jones delivered to Household Finance Realty Corporation of
NewYork a note (a copy of which is attached hereto) dated June 13, 2005.
B. As security for the Bruce Jones delivered to Household Finance Realty
note,
Corporation of New York a mortgage (a copy of which is attached hereto) dated
June 13, 2005 which was recorded in the Clerk's Office where the property is
located on June 14, 2005, in Liber/Reel/Book/Instrument 14417 of Mortgages at
Page 520. At the time of recording the Mortgage Tax was paid.
Does,"
C. All other named defendants and "John have or may claim to have some
interest in, or lien upon said mortgaged premises or some part thereof, which
interest or lien, if any, has accrued subsequent to the lien of the mortgage, or may
have accrued prior to said mortgage, but is subject and subordinate thereto to the
lien of said mortgage.
D. The People of the State of New York, The State Tax Commission, The
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Environmental Control Board, The Environmental Fire Control Board, The
Industrial Commissioner of the State of New York, The Parking Violations
Bureau, and a11 other agencies or instrumentalities of the Federal (the United State
of America), State or local government (by whatever name designated) if made
parties to this action and if appearing in the caption are made parties solely of the
judgment hereinafter set forth and filed as noted in the amount set forth or by
virtue of any estate taxes: SEEATTACHED JUDGMENT(S)(If Any.)
E. Upon information and belief, if applicable, any defendant captioned as a
corporation is believed to be a NewYork corporation or licensed to do business in
NewYork.
F. The Internal Revenue Service/United States of America is a necessary party to
this foreclosure action by virtue of the 2 liens against: Bruce Jones with an
address of 160 Water Tree Drive, East Syracuse, NewYork 13057 which was filed
by the Manhattan office on October 14, 2015 in the county of ONONDAGA
under serial number 179423715 in the amount of 16,181,77; Bruce J Jones with
an address of 160 WaterTree Drive, East Syracuse, New York 13057 which was
filed by the Manhattan office on September 6, 2018 in the county of
ONONDAGA under serial number 319744918 in the amount of 4,133.10.
IL Standing
A. U.S. Bank Trust National not in its individual
Association, capacity but solely as
owner trustee for
Legacy Mortgage Asset Trust 2018-RPL2, directly or through
an agent, has possession and control of the promissory note. U.S. Bank Trust
National Association, not in its individual capacity but solely as owner trustee for
Legacy Mortgage Asset Trust 2018-RPL2 has delegated the authority to institute
a foreclosure action to Nationstar Mortgage LLC, as servicer for the Plaintiff,
pursuant to a Limited Power of Attorney. The promissory note is either made
payable to U.S. Bank Trust National Association, not in its individual capacity but
solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 or has been
duly endorsed or contains an allonge. U.S. Bank Trust National Association, not
in its individual capacity but solely as owner trustee for Legacy Mortgage Asset
Trust 2018-RPL2 is either the original mortgagee or assignee of the security
instrument for the subject loan. U.S, Bank Trust National Association, not in its
individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust
2018-RPL2 has the right to foreclose the subject note and security instrument.
U,S. Bank Trust National Association, not in its individual capacity but solely as
owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 is the owner and
holder of the subject mortgage and note, or has been delegated the authority to
institute a foreclosure action by such owner and holder of the subject mortgage
and note.
B. The mortgage was given to Household Finance Realty Corporation
original of
New York on June 13, 2005 which was recorded in the Clerk's Office where the
property is located on June 14, 2005, in Liber/Reel/Book/Instrument 14417 of
Mortgages at Page 520. Said mortgage was then assigned &om Household
Finance Realty Corporation of New York to LSF9 Master Participation Trust,
and the Assignment of Mortgage was dated May 31, 2016 and recorded in the
Clerk's Office where the property is located on June 22, 2016 in
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Liber/Reel/Book/Instrument/CRFN 18036 at Page 450 of Mortgages. Said
mortgage was further assigned &om LSF9 Master Participation Trust to J,P.
Morgan Mortgage Acquisition Corp., and the Assignment of Mortgage was dated
January 5, 2018; and recorded in the Clerk's Office where the property is located
on July 24, 2018 in Liber/Reel/Book/Instrument/CRFN 2018-31981 at Page n/a of
Mortgages. Said mortgage was further assigned from J.P. Morgan Mortgage
Acquisition Corp. to Goldman Sachs Mortgage Company, and the Assignment of
Mortgage was dated September 21, 2018; and recorded in the Clerk's Office
where the property is located on July 10, 2019 in
Liber/Reel/Book/Instrument/CRFN 2019-24492 at Page n/a of Mortgages. Said
mortgage was further assigned from Goldman Sachs Mortgage Company to U.S.
Bank Trust National Association, not in its individual capacity but solely as
Owner Trustee for Legacy Mortgage Asset Trust 2018-RPL2 and the Assignment
of Mortgage was dated December 2, 2020; and recorded in the Clerk's Office
where the property is located on December 9, 2020 in
Liber/Reel/Book/Instrument/CRFN 2020-47724 at Page n/a of Mortgages.
C. Said Mortgage was duly recorded in the Clerk's Office / City Register's Office in
the County where the property is located and any applicable recording tax was
duly paid at the time of recording.
D. The original Mortgage given on June 13, 2005 and recorded in the Clerk's Office
where the property is located on June 14, 2005, in Liber/Reel/Book/Instrument
14417 of Mortgages at Page 520, was modified. (a copy of which is attached
hereto).
III. Borrower's Non-Payment
A. Bruce Jones failed to comply with the terms, covenants and conditions of the said
Note by defaulting in the payment of the monthly installment due on June 17,
2021, and each subsequent month thereafter, all of which have been unpaid for
more than thirty (30) days and remain unpaid.
B. Plaintiff and/or their servicing agent sent a default letter in accordance with
paragraph 9 of the mortgage that is the subject of the within action.
C. Plaintiff and/or their servicing agent sent out a 90 day default notice to the
borrower in full compliance with the requirements of RPAPLSection 1304.
D. The following amounts are now due and owing on said mortgage and the said
instrument secured by said mortgage, no part of any of which has been paid
although duly demanded: The Principal Balance in the amount of $23,030.04
with interest from May 17, 2021 at the current interest rate of 8.638'/o, along with
all other fees and costs permitted by the note and mortgage and a deferred
principal balance of $6,236.06.
E. By reason of the default in the payment of the monthly installment of principal
and interest, among other things, as hereinafter set forth, Plaintiff, the holder of
the aforementioned note and mortgage, and/or their agents have elected to and
hereby accelerate the mortgage and declare the entire mortgage indebtedness
immediately due and payable.
F. The mortgage provides for the payment of counsel fees incurred by the Plaintiff in
any action to foreclose the mortgage. The Plaintiff has incurred and will incur
counsel fees until the termination of the foreclosure action.
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IV. Compliance with State Law
A. Upon information and belief, if applicable, of the
Plaintiff has complied with all
provisions of section §9-X, five hundred ninety-five-a of the banking law and any
rules and regulations promulgated hereunder, section six-1 or six-m of the
banking law, for loans governed by those provisions and section thirteen hundred
four. Upon information and belief, if applicable, the Plaintiff and/or their agents
has/have complied with RPAPL§§1304 and 1306 as well as all other applicable
sections of the CPLR and RPAPL. If applicable, the foreclosing party has
complied with the requirements set forth in the COVID-19 Emergency Eviction
and Foreclosure Prevention Act of 2020. To the best of our knowledge at the time
of filing, the foreclosing party has not received a hardship declaration from the
mortgagor.
V. Note and Mortgage Provisions
A. In the event that possesses any other lien(s)
Plaintiff against said mortgaged
premises by way
either of judgment, junior mortgage or otherwise, Plaintiff
requests that such other lien(s) shall not be merged in Plaintiffs 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.
B. Plaintiff shall not be deemed to have waived, altered, released, or changed the
election hereinbefore made, by reason of any payment after the commencement of
this of any or all of the
action, defaults mentioned herein, and such election shall
continue and remain effective.
C. Plaintiff believes that during the pendency of this action, in order to protect the
security of the within mortgage, it may be compelled to make advances for the
following item(s), including but not limited to, taxes, assessments, water, prior
liens and insurance premiums that are or may become due, plus interest, as
provided for in the mortgage.
VL Subject To Provisions
A. Plaintiff requests that in the event that this action will proceed to judgment of
foreclosure and sale, said premises should be sold subject to the following: (1)
Any state of facts an accurate survey or personal inspection would disclose. (2)
Covenants, restrictions, easements, declarations, rights of way, agreements and
reservations, if any, of record and to any and all violations thereof. (3) Any and all
building and zoning regulations, restrictions, ordinances and amendments thereto
of the municipality, the State, the Federal Government, or any agency, bureau,
commission or department in which said premises are situated, and to any
violations or notices of violations of the same, including, but not limited to,
reapportionment of lot lines, and vault charges, if any. (4) The rights of tenants, if
any, whose tenancy has not been foreclosed by this action. (5) The rights of any
lienors or prior mortgagees of record whose liens have not been foreclosed herein,
if any. (6) The right of the United States of America to re-deem if a federal tax
lien is filed against the premises as of the date of sale hereunder. (7) The physical
condition of any buildings or structures on the premises as of the date of sale
hereunder. (8) Conditional bills of sale, if any. (9) Any and all orders or
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requirements issued by any governmental body having jurisdiction against or
affecting said premises and violations of the same. (10) Rights of any
Defendant(s) pursuant to CPLR section 317, CPLR Section 2003 and CPLR
Section 5015, if any; (11) Any and all Hazardous Materials in the Premises
including, but not limited to, flammable explosives, radioactive materials,
hazardous wastes, asbestos or any material containing asbestos and toxic
substances. (12) Outstanding condominium charges, if any. (13) The rights of
holders of security in fixtures as defined by the Uniform Commercial Code. (14)
Taxes, assessments and water rates which are liens on the premises at the time of
sale, with accrued interest or penalties thereon. (15) Prior mortgage liens of
record, if any, and any advances and arrears there under.
VIL Miscellaneous Provisions
A. Upon information and belief, no other action or proceeding is now pending at law
or otherwise for the foreclosure of said mortgage based upon this default or for
recovery of the said sum secured by said note and mortgage or any part thereof.
B. A further item of relief requested is that the property description of the mortgage
be reformed to conform to the property description filed previously with the
"A" of the Notice of Pendency due to the fact that the
Clerk's office as Schedule
meets and bounds description was inaccurate and/or incomplete in the mortgage.
WHEREFORE,the Plaintiff demands judgment: Adjudging and decreeing the
(1)
amounts due the Plaintiff for principal, interest, costs, late charges, expenses of sale, allowances
and disbursements, reasonable attorney's fees if provided for in the mortgage and any monies
advanced and paid which are secured by the mortgage. (2) The Defendant(s) and any and all
persons claiming by, through or under them and every other person or entity whose right, title,
conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being
challenged by being a defendant in this action, be barred and foreclosed of and from all right,
claim, lien, interest or equity of redemption in and to said mortgage premises. (3) The said
mortgage premises, or such part thereof as may be necessary to raise the amounts due as
aforesaid, be decreed to be sold according to law subject to the provisions of this complaint. (4)
That out of the monies arising from the sale of the mortgaged property, the Plaintiff may be paid
the amounts due on said note and mortgage, plus those items referenced in the complaint,
together with any sums expended, with interest as allowed by law upon any advances from the
dates of the respective payments, so far as the amount of such money properly applicable will
pay the same. (5) That any of the parties to this action may become a purchaser upon the sale of
the mortgaged premises. (6) The court, if requested, appoint a receiver of the rents and profits of
said premises with the usual powers and duties. (7) The original Obligor(s) in this complaint and
any subsequent Obligor(s) so named in this action, may be adjudged to pay any deficiency that
may remain after applying all of said monies so applicable thereto, unless the debt has been
listed and discharged in a bankruptcy petition, waived by the plaintiff, or unless the Plaintiff is
unable to produce a copy of the note, in which case no deficiency judgment will be sought. (8)
In the event Plaintiff possesses any other liens against the premises, they shall not be merged.
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Plaintiff specifically reserves its right any surplus monies arising from the sale of the
to share in
subject premises by virtue of its position as a judgment or other lien creditor, excluding the
mortgage being foreclosed herein. (9) The Plaintiff have such relief as requested in the
complaint. (10) The Plaintiff may have such other and further relief as be
may just, equitable
and proper. (11) That the Defendants and every person or entity claiming under them be forever
barred from all claims to an estate or interest in the property described in this Complaint to the
extent that any such claim may be asserted to be superior to Plaintiffs earlier mortgage
hereinbefore set forth. (12) If there is a mobile home, the mobile home shall be decreed to be
sold along with the real property and (13) any and all provision in paragraph VII entitled
Miscellaneous Provisions.
Sheldon May & Associa éii, P.C.
: Ted Eric May, Esq.
255 Merrick Road
Rockville Centre, NewYork 11570
(516) 763
- 3200
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Verification
State of New York, County of Nassau ) ss:
Ted Eric May, the undersigned, an attorney duly admitted to practice before the Courts of this
State, respectfully shows:
That he is a member of the law firm of Sheldon May & Associates, P.C., and the attorneys of
record for the Plaintiff in the above entitled action. That he has read the foregoing Verified
Complaint and knows the contents thereof, and the same is true to affiant's own knowledge,
except as to those matters therein stated to be alleged upon information and belief, and as to
those matters believes them to be true. The grounds of affiant's belief as to all matters not stated
upon affiant's knowledge are based upon the records of Plaintiff in affiant's possession or the
business records of Plaintiff and/or their servicer/agent. The reason that this verification is made
by the undersigned and not by the Plaintiff is because Plaintiff is domiciled outside Nassau
County; that being the County in which your affiant maintains an office for the practice of law.
The undersigned affirms that the foregoing statements are true under penalty of perjury.
Dated: December 13, 2023
Rockville Centre, New York
Ted ric May, Esq.
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SUPPORTING
DOCUMENTATION
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SCHEDULE C
PARTIESDEFENDANT
NECESSARY
This certification Is made on the assumption that all partles are to be personally served in the proposed
action. If any of the persons below named be dead, their legal representatives and successors in interest
should be made partles defendant after the search has been amended. If Investigation discloses that there
are other persons having an interest in the property whose rights are subordinate to the mortgage to be
foreclosed, such persons should also be made parties defendant after search has been amended. If any ...
leases, mortgages or other liens recorded prior to the period covered by this search, but which, by reason or
subordinate clauses contained thereon or otherwise, are in fact subordinate to the lien of the mortgage to
be foreclosed, all persons Interested In said leases, mortgages or other IIens should also be made parties
defendant after search has been amended.
Ifthe United States of America, State of New York or City of New York, or any of Its agencies, are made
parties, the complaint must set forth the reason therefore in detail. (See R.P.A. and P.L. Sec. 202A and 28
U.S.C.A. 2410).
The addresses of the parties herein given, were obtained from the record and are not represented to be the
present addresses of the parties.
Consideration should be given to the desirability of naming as defendants the obligor named in the bond or
in any extension, assumption or guaranty agreement.
All occupants of the premises herein described should be made partles defendant.
The Companyshould be requested to continue searches to the date of filing of the lis pendens.
PARTIESDEFENDANT INTERESTIN PREMISES
1. Bruce Jones a/k/a Bruce J. Jones a/k/a record owner and obligor on note/mortgage
Bruce Joseph Jones to be foreclosed
160 Watertree Drive
East Syracuse, NewYork 13057
2. United States of America (Northern District) federal tax lienor
Post Office Box 7198, 100 South Clinton Street
Syracuse, NewYork 13261- 7198
3. Board of Managers of Watertree of Dewitt lien for unpaid commoncharges
Condominium I
400 Watertree Drive
East Syracuse, NewYork 13057
4. Endodontic Specialists PC judgment creditor
4820 West Taft Road
Liverpool, NewYork 13088
Doe" and "Jane Doe" Said names being fictitious,
5. "John it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein
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Preview
FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF ONONDAGA U.S. Bank Trust National Association, not in its Summonswith Notice of Action to individualcapacity but solely as owner trustee for Foreclose a Mortgage Legacy Mortgage Asset Trust 2018-RPL2 Plaintiff, Index Number -against- Filed on Bruce Jones a/lda Bruce J. Jones a/k/a Bruce Joseph Jones, United States of America (Northern District), The basis of venue is the location of Board of Managers of Watertree of Dewitt the subject premises. Condominium I, Endodontic Specialists PC and #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to Plaintiff, the person or parties intended being the tenants,occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein Defendant(s). WEAREATTEMPTINGTOCOLLECTA DEBTANDANYINFORMATION OBTAINEDWILL BE USEDFORTHATPURPOSE TOTHE ABOVE-NAMED DEFENDANTS: YOUAREHEREBYSUMMONED 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 Plaintiff s attorneys within 20 days after the service of this summons exclusive of the day of service or within 30 days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of se1vice hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demandedin the complaint. YOUHAVETHE RIGHT TOREQUESTTHATEACHCOMMUNICATION BE PROVIDEDIN ANALTERNATIVE, REASONABLE A CCOMODATABLE FORMAT. YOUMAYREQUEST THIS NOTICE ANDFURTURE COMMUNICATIONS IN AN ALTERNATIVE, REASONABLE A CCOMMODATABLE TO YOU, SUCHAS LARGE PRINT, BRAILLE, AUDIO COMPACT DISC, OROTHER MEANS.TOREQUEST SUCHALTERNATIVE, PLEASECALL OUROFFICESAT 516-763-3200. NOTICE OF LOSINGYOURHOME YOUAREIN DANGER 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. 1 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 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. YOUMUSTRESPONDBY SERVING A COPYOF THE ANSWERON THE ATTORNEYFORTHE PLAINTIFF (MORTGAGECOMPANY)AND----" FILING HE ANSWERWITHTHECOURT. Dated: December 13, 2023 Rockville Centre, NewYork fed Eric May, Esq. Sheldo ' ay & Associates, P.C. Attorneys for Plaintiff & P.O. Address Office 255 Merrick Road Rockville Centre, NewYork 11570 (516) 763-3200 2 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 HELP FORHOMEOWNERS IN FORECLOSURE NEWYORKSTATE LAW REQUIRES THAT WESEND YOU THIS PROCESS. PLEASE READIT NOTICE ABOUTTHE FORECLOSURE CAREFULLY. SUMMONS ANDCOMPLAINT YOUARE IN DANGEROF LOSING YOURHOME. IF YOUFAIL TO RESPOND TO THE SUMMONSAND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAYLOSE YOURHOME. PLEASE READTHESUMMONS ANDCOMPLAINTCAREFULLY. YOUSHOULD IMMEDIATLEY CONTACTANATTORNEY ORYOURLOCALLEGAL AID OFICE TOOBTAIN ADVICE ONHOW TOPROTECT YOURSELF. OFINFORMATIONANDASSISTANCE SOURCES YOUTO BECOMEINFORMEDABOUT THE STATE ENCOURAGES YOUROPTIONSIN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCEFROMAN ATTORNEY OR LEGAL AID OFFICE, THEREARE GOVERNMENT AGENCIES AND NON-PROFIT ORGANIZATIONSTHAT YOU MAY CONTACTFOR INFORMATIONABOUTPOSSIBLEOPTIONS, INCLUDING TRYINGTO WORK WITHYOURLENDERDURINGTHIS PROCESS. TO LOCATEAN ENTITY NEARYOU, YOUMAYCALL THE TOLL- FREE HELPLINE MAINTAINED BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICESAT 1-800-269-0990 ORVISIT THEDEPARTMENT'S WEBSITEAT www.DFS.NY.GOV RIGHTS ANDOBLIGATIONS YOUARENOTREQUIREDTO LEAVE YOURHOMEAT THIS TIME. YOUHAVETHE RIGHT TO STAY IN YOURHOMEDURING THE FORECLOSUREPROCESS. YOU ARE NOT REQUIREDTO LEAVE YOURHOMEUNLESS AND UNTIL YOURPROPERTY IS SOLD AT 3 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 AUCTION PURSUANTTO A JUDGMENTOF FORECLOSURE AND SALE. REGARDLESSOF WHETHERYOUCHOOSETO REMAININ YOUR HOME, YOU ARK REQUIREDTO TAKE CARE OF YOUR PROPERTYAND PAY PROPERTYTAXES IN ACCORDANCEWITH STATE ANDLOCALLAW. RESCUESCAMS FORECLOSURE BK CAREFULOF PEOPIE WHOAPPROACH YOUWITH OFFERSTO "SAVE" YOURHOME.THEREARKINDIVIDUALS WHOWATCH FOR NOTICES OF FORECLOSUREACTIONS IN ORDERTO UNFAHu,Y PROFIT FROMA HOMEOWNER'S DISTRESS. YOU SHOULDBK KXTREMKI,Y CAREFULABOUTANY SUCHPROMISES AND ANY SUGGESTIONSTHATYOUPAY THEMA FKK ORSIGN OVERYOUR DEED. STATE LAWREQUIRESANYONEOFFERING SUCHSERVICES FOR PROFIT TO ENTER INTO A CONTRACTWHICH FULLY DESCRIBESTHK SERVICESTHEYWILI PERFORM ANDFEES THEY WILL CHARGE,ANDWHICHPROHIBITS THEMFROMTAKING ANY MONEYFROMYOU UNTIL THEYHAVE COMPLETED ALL SUCH PROMISEDSERVICES. 4 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Notice to Tenants of Buildings in Foreclosure New York State Law requires that we provide you this notice about the foreclosure process. Please read it carefully. We, U.S. Bank Trust National Association, not in its individual capacity bui solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 are the foreclosing party and are located at c/o Naiionstar Mortgage, 8950 Cypress Waters Boulevard, Coppell, Texas 75019. Wecan be reached at 1-888-480- 2432. The dwelling where your apartment located is the subject of a foreclosure is proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time ii was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL TENANTS AND RENT-CONTROLLED RENT-STABILIZED TENANTSAREPROTECTED UNDERTHKRENTREGULATIONSWITH RESPECTTO EVICTION AND LEASE RENEWALS.THESE RIGHTS ARE UNAFFECTEDBY A BUILDING ENTERING FORECLOSURE STATUS. THK TENANTS IN RENT-STABILIZED AND RENT- CONTROLLKD BUILDINGS CONTINUETOBE AFFORDED THESAME LEVEL OF PROTECTIONEVEN THOUGHTHK BUILDING IS THK SUBJECTOFFORECLOSURE.EVICTIONS CANONLYOCCUR IN NKW YORKSTATK PURSUANTTOA COURTORDERANDAFTERA FULL HKAIUNGIN COURT. IF YOU NEED FURTHERINFORMATION PLEASE CALL THKNKWYORKSTATEDEPARTMENT OF FINANCIAL SERVICES' TOLI-FREE HELPLINK AT 1-877-226-5697 ORVISIT THK DEPARTMENT'S WEBSITKAT WWW.DFS.NY.GOV. 5 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 NOTICE TODEFENDANT DURINGTHECORONAVIRUS EMERGENCY, YOUMIGHTBE ENTITLED BY LAWTO TAKEADDITIONAL DAYSOR WEEKSTO FILE AN ANSWERTO THIS COMPLAINT. YOURATTORNEY PLEASE CONTACT FORMOREINFORMATION. IF YOUDON'T HAVEANATTORNEY, PLEASEVISIT http://ww2.nycourts.gov/admin/opp/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 6 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 AVISO A DEMANDADO DURANTELA EMERGENCIA DEL CORONAVIRUS, PORLEY ES POSIBLE QUEUSTEDTENGADERECHO A TOMARD0ASOSEMANASADICIONALES PARAPRESENTARUNARESPUESTA A ESTAPETICIÓN A SUABOGADO PORFAVORCONTACTE PARAMAS INFORMACIÓN. SI USTEDNOTIENE UNABOGADO, VISTE http://ww2.nycourts.gov/admin/opp/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 7 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 OFTHESTATEOFNEWYORK SUPREMECOURT COUNTYOFONONDAGA U.S. Bank Trust National Association, not in its individual Verified Complaint for an capacity but solely as owner trustee for Legacy Mortgage Action to Foreclose a Asset Trust 2018-RPL2 Mortgage Plaintiff, -against- Index Number: Bruce Jones a/k/a Bruce J. Jones a/k/a Bruce Joseph Jones, United States of America (Northern District), Board of Managers of Watertree of Dewitt Condominium I, Endodontic Specialists PC and "JOHN DOE#1" through " JOHNDOE #12," and minown to the last twelve names being fictitious Plaintiff, the person or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. YOUHAVETHERIGHT TOREQUEST THATEACHCOMMUNICATION BE PROVIDEDIN ANALTERNATIVE, REASONABLE ACCOMODATABLE FORMAT. YOUMAYREQUESTTHIS NOTICE ANDFURTURECOMMUNICATIONS IN AN ALTERNATIVE, REASONABLE A CCOMMODATABLE TO YOU, SUCH AS LARGE PRINT, BRAILLE, AUDIO COMPACTDISC, OROTHERMEANS.TOREQUEST SUCHALTERNATIVE, PLEASECALL OUROFFICESAT 516-763-3200. U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 by its attorneys, Sheldon May & Associates, complaining of Defendant(s), respectfully alleges upon information and belief as follows: L Parties A. Upon information and belief, that all times hereinafter mentioned, the Plaintiff was and still is a statutory trust organized and existing under the laws of the State of its incorporation, and is duly authorized to conduct business in the State of New York. Bruce Jones delivered to Household Finance Realty Corporation of NewYork a note (a copy of which is attached hereto) dated June 13, 2005. B. As security for the Bruce Jones delivered to Household Finance Realty note, Corporation of New York a mortgage (a copy of which is attached hereto) dated June 13, 2005 which was recorded in the Clerk's Office where the property is located on June 14, 2005, in Liber/Reel/Book/Instrument 14417 of Mortgages at Page 520. At the time of recording the Mortgage Tax was paid. Does," C. All other named defendants and "John have or may claim to have some interest in, or lien upon said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of the mortgage, or may have accrued prior to said mortgage, but is subject and subordinate thereto to the lien of said mortgage. D. The People of the State of New York, The State Tax Commission, The 8 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Environmental Control Board, The Environmental Fire Control Board, The Industrial Commissioner of the State of New York, The Parking Violations Bureau, and a11 other agencies or instrumentalities of the Federal (the United State of America), State or local government (by whatever name designated) if made parties to this action and if appearing in the caption are made parties solely of the judgment hereinafter set forth and filed as noted in the amount set forth or by virtue of any estate taxes: SEEATTACHED JUDGMENT(S)(If Any.) E. Upon information and belief, if applicable, any defendant captioned as a corporation is believed to be a NewYork corporation or licensed to do business in NewYork. F. The Internal Revenue Service/United States of America is a necessary party to this foreclosure action by virtue of the 2 liens against: Bruce Jones with an address of 160 Water Tree Drive, East Syracuse, NewYork 13057 which was filed by the Manhattan office on October 14, 2015 in the county of ONONDAGA under serial number 179423715 in the amount of 16,181,77; Bruce J Jones with an address of 160 WaterTree Drive, East Syracuse, New York 13057 which was filed by the Manhattan office on September 6, 2018 in the county of ONONDAGA under serial number 319744918 in the amount of 4,133.10. IL Standing A. U.S. Bank Trust National not in its individual Association, capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2, directly or through an agent, has possession and control of the promissory note. U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 has delegated the authority to institute a foreclosure action to Nationstar Mortgage LLC, as servicer for the Plaintiff, pursuant to a Limited Power of Attorney. The promissory note is either made payable to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 or has been duly endorsed or contains an allonge. U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 is either the original mortgagee or assignee of the security instrument for the subject loan. U.S, Bank Trust National Association, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 has the right to foreclose the subject note and security instrument. U,S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2018-RPL2 is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a foreclosure action by such owner and holder of the subject mortgage and note. B. The mortgage was given to Household Finance Realty Corporation original of New York on June 13, 2005 which was recorded in the Clerk's Office where the property is located on June 14, 2005, in Liber/Reel/Book/Instrument 14417 of Mortgages at Page 520. Said mortgage was then assigned &om Household Finance Realty Corporation of New York to LSF9 Master Participation Trust, and the Assignment of Mortgage was dated May 31, 2016 and recorded in the Clerk's Office where the property is located on June 22, 2016 in 9 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Liber/Reel/Book/Instrument/CRFN 18036 at Page 450 of Mortgages. Said mortgage was further assigned &om LSF9 Master Participation Trust to J,P. Morgan Mortgage Acquisition Corp., and the Assignment of Mortgage was dated January 5, 2018; and recorded in the Clerk's Office where the property is located on July 24, 2018 in Liber/Reel/Book/Instrument/CRFN 2018-31981 at Page n/a of Mortgages. Said mortgage was further assigned from J.P. Morgan Mortgage Acquisition Corp. to Goldman Sachs Mortgage Company, and the Assignment of Mortgage was dated September 21, 2018; and recorded in the Clerk's Office where the property is located on July 10, 2019 in Liber/Reel/Book/Instrument/CRFN 2019-24492 at Page n/a of Mortgages. Said mortgage was further assigned from Goldman Sachs Mortgage Company to U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for Legacy Mortgage Asset Trust 2018-RPL2 and the Assignment of Mortgage was dated December 2, 2020; and recorded in the Clerk's Office where the property is located on December 9, 2020 in Liber/Reel/Book/Instrument/CRFN 2020-47724 at Page n/a of Mortgages. C. Said Mortgage was duly recorded in the Clerk's Office / City Register's Office in the County where the property is located and any applicable recording tax was duly paid at the time of recording. D. The original Mortgage given on June 13, 2005 and recorded in the Clerk's Office where the property is located on June 14, 2005, in Liber/Reel/Book/Instrument 14417 of Mortgages at Page 520, was modified. (a copy of which is attached hereto). III. Borrower's Non-Payment A. Bruce Jones failed to comply with the terms, covenants and conditions of the said Note by defaulting in the payment of the monthly installment due on June 17, 2021, and each subsequent month thereafter, all of which have been unpaid for more than thirty (30) days and remain unpaid. B. Plaintiff and/or their servicing agent sent a default letter in accordance with paragraph 9 of the mortgage that is the subject of the within action. C. Plaintiff and/or their servicing agent sent out a 90 day default notice to the borrower in full compliance with the requirements of RPAPLSection 1304. D. The following amounts are now due and owing on said mortgage and the said instrument secured by said mortgage, no part of any of which has been paid although duly demanded: The Principal Balance in the amount of $23,030.04 with interest from May 17, 2021 at the current interest rate of 8.638'/o, along with all other fees and costs permitted by the note and mortgage and a deferred principal balance of $6,236.06. E. By reason of the default in the payment of the monthly installment of principal and interest, among other things, as hereinafter set forth, Plaintiff, the holder of the aforementioned note and mortgage, and/or their agents have elected to and hereby accelerate the mortgage and declare the entire mortgage indebtedness immediately due and payable. F. The mortgage provides for the payment of counsel fees incurred by the Plaintiff in any action to foreclose the mortgage. The Plaintiff has incurred and will incur counsel fees until the termination of the foreclosure action. 10 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 IV. Compliance with State Law A. Upon information and belief, if applicable, of the Plaintiff has complied with all provisions of section §9-X, five hundred ninety-five-a of the banking law and any rules and regulations promulgated hereunder, section six-1 or six-m of the banking law, for loans governed by those provisions and section thirteen hundred four. Upon information and belief, if applicable, the Plaintiff and/or their agents has/have complied with RPAPL§§1304 and 1306 as well as all other applicable sections of the CPLR and RPAPL. If applicable, the foreclosing party has complied with the requirements set forth in the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. To the best of our knowledge at the time of filing, the foreclosing party has not received a hardship declaration from the mortgagor. V. Note and Mortgage Provisions A. In the event that possesses any other lien(s) Plaintiff against said mortgaged premises by way either of judgment, junior mortgage or otherwise, Plaintiff requests that such other lien(s) shall not be merged in Plaintiffs 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. B. Plaintiff shall not be deemed to have waived, altered, released, or changed the election hereinbefore made, by reason of any payment after the commencement of this of any or all of the action, defaults mentioned herein, and such election shall continue and remain effective. C. Plaintiff believes that during the pendency of this action, in order to protect the security of the within mortgage, it may be compelled to make advances for the following item(s), including but not limited to, taxes, assessments, water, prior liens and insurance premiums that are or may become due, plus interest, as provided for in the mortgage. VL Subject To Provisions A. Plaintiff requests that in the event that this action will proceed to judgment of foreclosure and sale, said premises should be sold subject to the following: (1) Any state of facts an accurate survey or personal inspection would disclose. (2) Covenants, restrictions, easements, declarations, rights of way, agreements and reservations, if any, of record and to any and all violations thereof. (3) Any and all building and zoning regulations, restrictions, ordinances and amendments thereto of the municipality, the State, the Federal Government, or any agency, bureau, commission or department in which said premises are situated, and to any violations or notices of violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any. (4) The rights of tenants, if any, whose tenancy has not been foreclosed by this action. (5) The rights of any lienors or prior mortgagees of record whose liens have not been foreclosed herein, if any. (6) The right of the United States of America to re-deem if a federal tax lien is filed against the premises as of the date of sale hereunder. (7) The physical condition of any buildings or structures on the premises as of the date of sale hereunder. (8) Conditional bills of sale, if any. (9) Any and all orders or 11 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 requirements issued by any governmental body having jurisdiction against or affecting said premises and violations of the same. (10) Rights of any Defendant(s) pursuant to CPLR section 317, CPLR Section 2003 and CPLR Section 5015, if any; (11) Any and all Hazardous Materials in the Premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos and toxic substances. (12) Outstanding condominium charges, if any. (13) The rights of holders of security in fixtures as defined by the Uniform Commercial Code. (14) Taxes, assessments and water rates which are liens on the premises at the time of sale, with accrued interest or penalties thereon. (15) Prior mortgage liens of record, if any, and any advances and arrears there under. VIL Miscellaneous Provisions A. Upon information and belief, no other action or proceeding is now pending at law or otherwise for the foreclosure of said mortgage based upon this default or for recovery of the said sum secured by said note and mortgage or any part thereof. B. A further item of relief requested is that the property description of the mortgage be reformed to conform to the property description filed previously with the "A" of the Notice of Pendency due to the fact that the Clerk's office as Schedule meets and bounds description was inaccurate and/or incomplete in the mortgage. WHEREFORE,the Plaintiff demands judgment: Adjudging and decreeing the (1) amounts due the Plaintiff for principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney's fees if provided for in the mortgage and any monies advanced and paid which are secured by the mortgage. (2) The Defendant(s) and any and all persons claiming by, through or under them and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgage premises. (3) The said mortgage premises, or such part thereof as may be necessary to raise the amounts due as aforesaid, be decreed to be sold according to law subject to the provisions of this complaint. (4) That out of the monies arising from the sale of the mortgaged property, the Plaintiff may be paid the amounts due on said note and mortgage, plus those items referenced in the complaint, together with any sums expended, with interest as allowed by law upon any advances from the dates of the respective payments, so far as the amount of such money properly applicable will pay the same. (5) That any of the parties to this action may become a purchaser upon the sale of the mortgaged premises. (6) The court, if requested, appoint a receiver of the rents and profits of said premises with the usual powers and duties. (7) The original Obligor(s) in this complaint and any subsequent Obligor(s) so named in this action, may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy petition, waived by the plaintiff, or unless the Plaintiff is unable to produce a copy of the note, in which case no deficiency judgment will be sought. (8) In the event Plaintiff possesses any other liens against the premises, they shall not be merged. 12 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Plaintiff specifically reserves its right any surplus monies arising from the sale of the to share in subject premises by virtue of its position as a judgment or other lien creditor, excluding the mortgage being foreclosed herein. (9) The Plaintiff have such relief as requested in the complaint. (10) The Plaintiff may have such other and further relief as be may just, equitable and proper. (11) That the Defendants and every person or entity claiming under them be forever barred from all claims to an estate or interest in the property described in this Complaint to the extent that any such claim may be asserted to be superior to Plaintiffs earlier mortgage hereinbefore set forth. (12) If there is a mobile home, the mobile home shall be decreed to be sold along with the real property and (13) any and all provision in paragraph VII entitled Miscellaneous Provisions. Sheldon May & Associa éii, P.C. : Ted Eric May, Esq. 255 Merrick Road Rockville Centre, NewYork 11570 (516) 763 - 3200 13 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Verification State of New York, County of Nassau ) ss: Ted Eric May, the undersigned, an attorney duly admitted to practice before the Courts of this State, respectfully shows: That he is a member of the law firm of Sheldon May & Associates, P.C., and the attorneys of record for the Plaintiff in the above entitled action. That he has read the foregoing Verified Complaint and knows the contents thereof, and the same is true to affiant's own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters believes them to be true. The grounds of affiant's belief as to all matters not stated upon affiant's knowledge are based upon the records of Plaintiff in affiant's possession or the business records of Plaintiff and/or their servicer/agent. The reason that this verification is made by the undersigned and not by the Plaintiff is because Plaintiff is domiciled outside Nassau County; that being the County in which your affiant maintains an office for the practice of law. The undersigned affirms that the foregoing statements are true under penalty of perjury. Dated: December 13, 2023 Rockville Centre, New York Ted ric May, Esq. 14 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 SUPPORTING DOCUMENTATION 15 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 SCHEDULE C PARTIESDEFENDANT NECESSARY This certification Is made on the assumption that all partles are to be personally served in the proposed action. If any of the persons below named be dead, their legal representatives and successors in interest should be made partles defendant after the search has been amended. If Investigation discloses that there are other persons having an interest in the property whose rights are subordinate to the mortgage to be foreclosed, such persons should also be made parties defendant after search has been amended. If any ... leases, mortgages or other liens recorded prior to the period covered by this search, but which, by reason or subordinate clauses contained thereon or otherwise, are in fact subordinate to the lien of the mortgage to be foreclosed, all persons Interested In said leases, mortgages or other IIens should also be made parties defendant after search has been amended. Ifthe United States of America, State of New York or City of New York, or any of Its agencies, are made parties, the complaint must set forth the reason therefore in detail. (See R.P.A. and P.L. Sec. 202A and 28 U.S.C.A. 2410). The addresses of the parties herein given, were obtained from the record and are not represented to be the present addresses of the parties. Consideration should be given to the desirability of naming as defendants the obligor named in the bond or in any extension, assumption or guaranty agreement. All occupants of the premises herein described should be made partles defendant. The Companyshould be requested to continue searches to the date of filing of the lis pendens. PARTIESDEFENDANT INTERESTIN PREMISES 1. Bruce Jones a/k/a Bruce J. Jones a/k/a record owner and obligor on note/mortgage Bruce Joseph Jones to be foreclosed 160 Watertree Drive East Syracuse, NewYork 13057 2. United States of America (Northern District) federal tax lienor Post Office Box 7198, 100 South Clinton Street Syracuse, NewYork 13261- 7198 3. Board of Managers of Watertree of Dewitt lien for unpaid commoncharges Condominium I 400 Watertree Drive East Syracuse, NewYork 13057 4. Endodontic Specialists PC judgment creditor 4820 West Taft Road Liverpool, NewYork 13088 Doe" and "Jane Doe" Said names being fictitious, 5. "John it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein 16 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM INDEX NO. 005103/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Nope 17 of 54 FILED: ONONDAGA COUNTY CLERK 05/14/2024 04:44 PM