Preview
FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024
SUPREMECOURTOFTHE STATEOF NEWYORK
COUNTYOFKINGS
___________________________________________________________________________Ç
U.S.BANKTRUSTNATIONALASSOCIATION, NOTIN
ITSINDIVIDUAL CAPACITYBUT SOLELYAS OWNER
TRUSTEEFORRCAFACQUISITION TRUST,
Plaintiff,
-against- Filed:
Index No.:
RUKHSANA
NAJEEB; JPMORGAN
CHASEBANK, N.A.;
Plaintiff designates KINGS
DEPARTMENTOF TREASURY- INTERNALREVENUE
County as place of trial Venue is
SERVICE ; UNITED STATESOF AMERICA (EASTERN
based upon m which
DISTRICT); CAVALRYSPV I LLC; NEWYORK CITY
County
premises
PARKINGVIOLATIONS BUREAU; HSBC BANKUSA, are being situate
"JOHN DOE#1" through "JOHN DOE#10" SUMMONS
TO FORECLOSE
N.A.; inclusive,
the names of the ten last name Defendants being
ACTION TO FORECLOSEA
real names unknown to the the parties
fictitious,
intended
MORTGAGE ASMODIFIED
Plaintiff,
being persons or corporations having an interest in, or tenants
or persons in possession of, portions of the mortgaged
premises described in the Complaint,
Defendants.
___________________________________________________________________________Ç
TOTHEABOVENAMEDDEFENDANTS:
YOUARE HEREBYSUMMONED 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
upon the Plaintiff s attorney within twenty (20) days after the service of this Summons, exclusive of the
date of service or within thirty (30) days after the service is complete if this Summonsis not personally
delivered to you within the State of NewYork. If you fail to so appear or answer, judgment will be taken
against you by default for the relief demanded in the Complaint.
DATED: May 13, 2024
Tarrytown, NewYork
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NOTICE
OFLOSINGYOURHOME
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.
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.
YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHEATTORNEYFOR
THE PLAINTIFF U.S. BANKTRUSTNATIONAL ASSOCIATION, NOTIN ITS INDIVIDUAL
CAPACITYBUTSOLELYAS OWNERTRUSTEEFORRCAFACQUISITIONTRUST
ANDFILING THEANSWERWITHTHE COURT.
Mark R. Knuckles, Ésq.
Knuckles & Manfrd, LLP
Attorneys for Plaintiff
120 White Plains Road, Suite 215
Tarrytown, NY 10591
Phone: (914) 345-3020
NOTICE TO OCCUPANTS:U.S. BANKTRUST NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELYAS OWNER TRUSTEEFORRCAFACQUISITION
TRUSTIS FORECLOSING AGAINST THE OWNER OF THIS PREMISES. IF YOULIVE
HERE, THIS LAWSUIT MAYRESULT IN YOUREVICTION. YOUMAYWISHTOCONTACT
A LAWYER TO DISCUSSANYRIGHTSANDPOSSIBLEDEFENSESYOUMAYHAVE.
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NOTICEOFOBJECTOFACTIONANDRELIEF SOUGHT
THEOBJECTof the above-entitled a mortgage bearing date September 19, 2005,
action is to foreclose
given by Rukhsana Najeeb to Mortgage Electronic Registration Systems, Inc., as nominee for HSBC
Mortgage Corporation (USA) to secure the sum of $359,000.00 and recorded in CRFN: 2005000597174
in the office of the County Clerk/City of Kings County on October 25, 2005 and which
Register
mortgage was assigned to MTGLQInvestors, L.P. as evidenced by written instrument dated July 9, 2017
and recorded in CRFN: 2017000287049 in the office of the County Clerk/City Register of Kings County
on August 4, 2017 and which mortgage was modified by agreement dated October 16, 2018 given by
Rukhsana Najeeb to Rushmore Loan Management Services, LLC to form a single lien in the amount of
$457,441.49 and recorded in CRFN: 2019000315648 in the office of the County Clerk/City Register of
Kings County on September 30, 2019 and which mortgage as modified was ultimately assigned to the
Plaintiff herein as evidenced by written instrument dated February 16, 2023 and recorded with the Kings
County Clerk/City Register on February 24, 2023 in CRFN: 2023000050739 covering the premises
described as follows:
2366 61ST STREET, BROOKLYN,NY11204
The sought
relief in the within action includes a final judgment directing the sale of the premises
described above to satisfy the debt secured by the mortgage.
Although Plaintiff reserves its rights pursuant to Section 1371 of the Real Property Actions and
Proceedings Law against Rukhsana Najeeb no personal claims are made against any defendants herein.
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Help for Homeowners in Foreclosure
RECEIVED NYSCEF: 05/14/2024
New York State Law requires that we send you this notice about the foreclosure process.
Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the summons and
complaint in this foreclosure action, you may lose your home. Please read the summons and
complaint carefully. You should immediately contact an attorney or your local legal aid
office to obtain advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in foreclosure. In
addition to seeking assistance from an attorney or legal aid office, there are government
agencies and non-profit organizations that you may contact for information about possible
options, including trying to work with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by the New
York State Department of Financial Services at 1-800-342-3736 or visit the Department's
website at http://www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the
right to stay in your home during the foreclosure process. You are not required to leave
your home unless and until your property is sold at auction pursuant to a judgment of
foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO
TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and
local law.
Foreclosure rescue scams
Be careful of people who approach you with offers to “save” your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit from a
homeowner's distress. You should be extremely careful about any such promises and any
suggestions that you pay them a fee or sign over your deed. State law requires anyone
offering such services for profit to enter into a contract which fully describes the services
they will perform and fees they will charge, and which prohibits them from taking any
money from you until they have completed all such promised services.
§ 1303 NOTICE
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Notice to Tenants of Buildings in Foreclosure
RECEIVED NYSCEF: 05/14/2024
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 BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUISITION
TRUST, are the foreclosing party and are located at 120 White Plains Road, Suite 215,
Tarrytown, New York 10591 c/o Knuckles, & Manfro, LLP. We can be reached at 914-
345-3020.
The dwelling where your apartment is located is the subject of a foreclosure proceeding.
If you have a lease, are not the owner of the residence, and the lease requires payment
of rent that at the time it 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 RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE
PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO
EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A
BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-
STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE
AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE
BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY
OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A
FULL HEARING IN COURT.
If you need further information, please call the New York State Department of
Financial Services' toll-free helpline at 1-800-342-3736 or visit the Department's website
at http://www.dfs.ny.gov.
1303 Tenant Notice
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SUPREME COURT OF THE STATE OF NEW Y ORK
COUNTY OF KINGS
---------------------------------------------------------------------------X
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN
ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR RCAF ACQUISITION TRUST,
Plaintiff,
-against-
RUKHSANA NAJEEB; JPMORGAN CHASE BANK, Filed:
N.A.; DEPARTMENT OF TREASURY - INTERNAL Index No.:
REVENUE SERVICE ; UNITED STATES OF AMERICA
(EASTERN DISTRICT); CAVALRY SPV I LLC; NEW COMPLAINT FOR THE
Y ORK CITY PARKING VIOLATIONS BUREAU; HSBC FORECLOSURE OF A
BANK USA , N.A .; "JOHN DOE #1" through "JOHN DOE MORTGAGE AS MODIFIED
#10" inclusive, the names of the ten last name Defendants
being fictitious, real names unknown to the Plaintiff, the
parties intended being persons or corporations having an
interest in, or tenants or persons in possession of, portions of
the mortgaged premises described in the Complaint,
Defendants.
---------------------------------------------------------------------------X
Plaintiff, as and for its Complaint, alleges:
1 . That the Plaintiff was and still is a National Association organized and existing under the law of
the United States of A merica acting solely as Trustee for RCAF A cquisition Trust.
2. That upon information and belief, the individual Defendant(s) was/were and still is/are
resident(s) of the State of New Yorkor are engaged in business in the State of New York.
3. That upon information and belief, the corporate Defendant(s) is/are domestic corporation(s),
corporation(s) authorized to do business in the State of New York or subject to the jurisdiction of the
New Yorkcourts by virtue of the liens recited hereinafter.
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4. That the Plaintiff is the owner and/or holder of the subject mortgage and Note and has been
delegated the authority to institute a mortgage foreclosure action by the owner and/or holder of the
subject mortgage, designated NewRezLLC, f/k/a New Penn Financial, LLC d/b/a Shellpoint Mortgage
Servicing (Shellpoint), as servicer for the Plaintiff, pursuant to a Limited Power of Attorney, and if
applicable, the Plaintiff and/or its assignor as originator of the subject loan have complied with all of the
provisions of section five hundred ninety-five-a of the banking law and any rules and regulations
promulgated thereunder, and section six-1 or six-m of the banking law, for loans governed by those
provisions, section six-1 or six-m of the banking law, and section thirteen hundred four of Article
Thirteen of the Real Property Actions and Proceedings Law for all residential mortgage loans covering a
one to four family dwelling.
5. That upon information and belief, this action involves a residential, one-to-four family property.
6. That on September 19, 2005, Defendant Rukhsana Najeeb duly executed, acknowledged, and
delivered to Plaintiffs assignor a Note wherein and whereby the Defendant Rukhsana Najeeb
acknowledged to be indebted to the Plaintiffs assignor to be paid according to its terms. Exhibit "1".
7. That as collateral security for the payment of the aforesaid sum, including interest, the Defendant
Rukhsana Najeeb on the same day duly executed, acknowledged and delivered a Mortgage to the
mortgagee named therein. Exhibit "2". That the Mortgage was duly recorded in the Office of the
County Clerk/City Register of the County of Kings on October 25, 2005, as CRFN: 2005000597174,
and the mortgage tax thereon was duly paid.
8. That the mortgage was assigned to the Plaintiff herein as evidenced by written instrument dated
February 16, 2023 and duly recorded in the Office of Kings County Clerk/City Register on February 24,
2023 in CRFN: 2023000050739. Exhibit "3".
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9. That in and by the above described evidence of obligation, guarantee, or the note secured thereby
and the mortgage, it was covenanted and agreed, among other things, that in the event any default was
made in the monthly payment the Holder, at its option might declare the entire principal sum due and
payable.
10. That on or about October 16, 2018, Defendant Rukhsana Najeeb duly executed, acknowledged,
and delivered Modification Agreement to Rushmore Loan Management Services, LLC which among
other things, modified the principal balance, interest rate and monthly payment of the original
indebtedness Exhibit "4". The Modification Agreement was duly recorded in the Office of the County
Clerk/City Register of the County of Kings on September 30, 2019 in CRFN: 2019000315648, and the
mortgage tax thereon if any, was duly paid.
11. That said evidence of obligation and mortgage or either of them provide that in the event of a
default in the payment of said principal or interest, or any part thereof, or by reason of any default that is
more particularly set forth in said evidence of obligation or mortgage, the holder thereof is empowered
to sell the mortgaged premises according to law.
12. That the Defendant Rukhsana Najeeb, pursuant to the terms of the evidence of obligation,
guarantee, or the note secured thereby, has defaulted in making the aforesaid monthly payments for a
period exceeding thirty (30) days.
13. That notices of default pursuant to the mortgage were mailed to the Defendant Rukhsana Najeeb
in the form and manner required by the mortgage. Exhibit "5".
14. That 90-day notices were mailed to Defendant Rukhsana Najeeb in the form and manner
prescribed by RPAPL §1304 and completed the registration requirements of RPAPL § 1306. Exhibit
"5".
15. That by reason of the default of the Defendant Rukhsana Najeeb, and pursuant to the acceleration
provisions of said note and mortgage, the Plaintiff has elected and does elect that the whole of the
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principal sum secured thereby become immediately due and payable and there is now justly due and
payable. to the Plaintiff by virtue of such acceleration, the principal sum of $443,198.06 plus interest at
the contract rate from April 1, 2021 together with the non-interest bearing deferred principal balance in
the amount of $35,523.36.
16. That no other action has been had for the recovery of said sum secured by the note and mortgage
or any part thereof except an action commenced in the Supreme Court of the County of Kings bearing
Index No. 8538/13 which action has been discontinued.
17. That the terms as contained in the mortgage are incorporated herein by reference as Exhibit "2".
18. That the Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of this action of all or
any part of the arrears due and owing or the curing of any or all of the defaults mentioned herein, and
such election shall continue and remain effective until all the costs and disbursements of this action, and
any and all future defaults under the aforesaid note and mortgage occurring prior to the discontinuance
of this action, are fully paid or cured.
19. That in order to protect its security, the Plaintiff may be compelled, before and/or during the
pendency of this action, to pay taxes, water rates, fire insurance premiums and other charges affecting
the said mortgaged premises, and the Plaintiff requests that any sums so paid be added to the amount due
to the Plaintiff upon the note and mortgage and be deemed secured thereby.
20. That the premises are or may be subject to covenants, restrictions, easements and agreements of
record, if any; to any state of facts an accurate survey may show; to financing statements of record, if
any; to existing prior mortgages and liens, if any; to existing tenancies and/or occupancies, if any; to
violations in any state or municipal department, if any; to the statutory right of the United States of
America to redeem, if any; and the Plaintiff requests that the premises be sold subject thereto.
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21. That the Defendants JPMorgan Chase Bank, N.A., Department Of Treasury - Internal Revenue
Service, United States Of America (Eastern District), Cavalry SPV I LLC and New York City Parking
Violations Bureau are made parties to this action by virtue of judgments/liens, in various amounts,
against Defendant Rukhsana Najeeb and/or individuals with names similar to those of the Defendant
Rukhsana Najeeb, residing at the subject premises and/or at various other addresses, which
judgments/liens, if liens against the property, are subject and subordinate to the lien of the Plaintiffs
mortgage. Exhibit "6".
22. That the Defendant HSBC Bank USA, N.A. is made a party to this action as assignee of a
mortgage dated September 19, 2005 given by Defendant Rukhsana Najeeb to HSBC Mortgage
Corporation (USA) in the amount of $216,800.00 and recorded with the County Clerk/City Register of
Kings County on October 25, 2005 in CRFN: 2005000597175, which mortgage was assigned to HSBC
Bank USA, N.A. as evidenced by written instrument dated June 26, 2012 and recorded in CRFN:
2012000308540 with the County Clerk/City Register of Kings County on August 6, 2012, which
mortgage, if a lien against the property, is subject and subordinate to the lien of the Plaintiff's mortgage
as modified. Exhibit "7".
23. That pursuant to the provisions of the Civil Practice Law and Rules 3012-b(a) of the State of
New York, an executed copy of the original certificate of merit filed simultaneously with the summons
and complaint is attached hereto. Exhibit "8".
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WHEREFORE,
the Plaintiff demands judgment that the Defendant(s) herein and all persons
claiming under them or any or either of them, subsequent to the commencement of this action, may be
forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged
premises and that the said premises be decreed to be sold according to law subject to the provisions
contained herein and that the monies arising from the sale may be brought into Court and that the
Plaintiff may be paid the amount due on the said note and mortgage with interest to the time of such
payment, together with expenses of sale, attorney's fees, and the costs, allowances, disbursements and
additional allowances granted herein, so far as the amount of such monies properly applicable thereto
will pay the same and that the Defendant Rukhsana Najeeb may be adjudged to pay the whole residue,
or so much thereof as the Court may determine to be just and equitable, of the debt remaining
unsatisfied after the sale of the mortgaged premises and the application of the proceeds pursuant to the
provisions contained in such Judgment, the amount thereof to be determined by the Court as provided in
Section 1371 of the Real Property Actions and Proceedings Law.
DATED: May 13, 2024
Tarrytown, NewYork
Mark R. Knuckles, E q.
Knuckles & Manfro, LLP
Attorneys for Plainti
120 White Plains Road, Suite 215
Tarrytown, NY 10591
Phone: (914) 345-3020
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FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 SUPREMECOURTOFTHE STATEOF NEWYORK COUNTYOFKINGS ___________________________________________________________________________Ç U.S.BANKTRUSTNATIONALASSOCIATION, NOTIN ITSINDIVIDUAL CAPACITYBUT SOLELYAS OWNER TRUSTEEFORRCAFACQUISITION TRUST, Plaintiff, -against- Filed: Index No.: RUKHSANA NAJEEB; JPMORGAN CHASEBANK, N.A.; Plaintiff designates KINGS DEPARTMENTOF TREASURY- INTERNALREVENUE County as place of trial Venue is SERVICE ; UNITED STATESOF AMERICA (EASTERN based upon m which DISTRICT); CAVALRYSPV I LLC; NEWYORK CITY County premises PARKINGVIOLATIONS BUREAU; HSBC BANKUSA, are being situate "JOHN DOE#1" through "JOHN DOE#10" SUMMONS TO FORECLOSE N.A.; inclusive, the names of the ten last name Defendants being ACTION TO FORECLOSEA real names unknown to the the parties fictitious, intended MORTGAGE ASMODIFIED Plaintiff, being persons or corporations having an interest in, or tenants or persons in possession of, portions of the mortgaged premises described in the Complaint, Defendants. ___________________________________________________________________________Ç TOTHEABOVENAMEDDEFENDANTS: YOUARE HEREBYSUMMONED 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 upon the Plaintiff s attorney within twenty (20) days after the service of this Summons, exclusive of the date of service or within thirty (30) days after the service is complete if this Summonsis not personally delivered to you within the State of NewYork. If you fail to so appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. DATED: May 13, 2024 Tarrytown, NewYork 3000-001790-FC/Selene Finance LP 1 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 NOTICE OFLOSINGYOURHOME 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. 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. YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHEATTORNEYFOR THE PLAINTIFF U.S. BANKTRUSTNATIONAL ASSOCIATION, NOTIN ITS INDIVIDUAL CAPACITYBUTSOLELYAS OWNERTRUSTEEFORRCAFACQUISITIONTRUST ANDFILING THEANSWERWITHTHE COURT. Mark R. Knuckles, Ésq. Knuckles & Manfrd, LLP Attorneys for Plaintiff 120 White Plains Road, Suite 215 Tarrytown, NY 10591 Phone: (914) 345-3020 NOTICE TO OCCUPANTS:U.S. BANKTRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELYAS OWNER TRUSTEEFORRCAFACQUISITION TRUSTIS FORECLOSING AGAINST THE OWNER OF THIS PREMISES. IF YOULIVE HERE, THIS LAWSUIT MAYRESULT IN YOUREVICTION. YOUMAYWISHTOCONTACT A LAWYER TO DISCUSSANYRIGHTSANDPOSSIBLEDEFENSESYOUMAYHAVE. 3000-001790-FC/Selene Finance LP 2 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 NOTICEOFOBJECTOFACTIONANDRELIEF SOUGHT THEOBJECTof the above-entitled a mortgage bearing date September 19, 2005, action is to foreclose given by Rukhsana Najeeb to Mortgage Electronic Registration Systems, Inc., as nominee for HSBC Mortgage Corporation (USA) to secure the sum of $359,000.00 and recorded in CRFN: 2005000597174 in the office of the County Clerk/City of Kings County on October 25, 2005 and which Register mortgage was assigned to MTGLQInvestors, L.P. as evidenced by written instrument dated July 9, 2017 and recorded in CRFN: 2017000287049 in the office of the County Clerk/City Register of Kings County on August 4, 2017 and which mortgage was modified by agreement dated October 16, 2018 given by Rukhsana Najeeb to Rushmore Loan Management Services, LLC to form a single lien in the amount of $457,441.49 and recorded in CRFN: 2019000315648 in the office of the County Clerk/City Register of Kings County on September 30, 2019 and which mortgage as modified was ultimately assigned to the Plaintiff herein as evidenced by written instrument dated February 16, 2023 and recorded with the Kings County Clerk/City Register on February 24, 2023 in CRFN: 2023000050739 covering the premises described as follows: 2366 61ST STREET, BROOKLYN,NY11204 The sought relief in the within action includes a final judgment directing the sale of the premises described above to satisfy the debt secured by the mortgage. Although Plaintiff reserves its rights pursuant to Section 1371 of the Real Property Actions and Proceedings Law against Rukhsana Najeeb no personal claims are made against any defendants herein. 3000-001790-FC/Selene Finance LP 3 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 Help for Homeowners in Foreclosure RECEIVED NYSCEF: 05/14/2024 New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at 1-800-342-3736 or visit the Department's website at http://www.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure rescue scams Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. § 1303 NOTICE 4 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 Notice to Tenants of Buildings in Foreclosure RECEIVED NYSCEF: 05/14/2024 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 BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUISITION TRUST, are the foreclosing party and are located at 120 White Plains Road, Suite 215, Tarrytown, New York 10591 c/o Knuckles, & Manfro, LLP. We can be reached at 914- 345-3020. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it 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 RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT- STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Department of Financial Services' toll-free helpline at 1-800-342-3736 or visit the Department's website at http://www.dfs.ny.gov. 1303 Tenant Notice 5 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 SUPREME COURT OF THE STATE OF NEW Y ORK COUNTY OF KINGS ---------------------------------------------------------------------------X U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUISITION TRUST, Plaintiff, -against- RUKHSANA NAJEEB; JPMORGAN CHASE BANK, Filed: N.A.; DEPARTMENT OF TREASURY - INTERNAL Index No.: REVENUE SERVICE ; UNITED STATES OF AMERICA (EASTERN DISTRICT); CAVALRY SPV I LLC; NEW COMPLAINT FOR THE Y ORK CITY PARKING VIOLATIONS BUREAU; HSBC FORECLOSURE OF A BANK USA , N.A .; "JOHN DOE #1" through "JOHN DOE MORTGAGE AS MODIFIED #10" inclusive, the names of the ten last name Defendants being fictitious, real names unknown to the Plaintiff, the parties intended being persons or corporations having an interest in, or tenants or persons in possession of, portions of the mortgaged premises described in the Complaint, Defendants. ---------------------------------------------------------------------------X Plaintiff, as and for its Complaint, alleges: 1 . That the Plaintiff was and still is a National Association organized and existing under the law of the United States of A merica acting solely as Trustee for RCAF A cquisition Trust. 2. That upon information and belief, the individual Defendant(s) was/were and still is/are resident(s) of the State of New Yorkor are engaged in business in the State of New York. 3. That upon information and belief, the corporate Defendant(s) is/are domestic corporation(s), corporation(s) authorized to do business in the State of New York or subject to the jurisdiction of the New Yorkcourts by virtue of the liens recited hereinafter. 3000-001790-FC/Selene Finance LP 6 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 4. That the Plaintiff is the owner and/or holder of the subject mortgage and Note and has been delegated the authority to institute a mortgage foreclosure action by the owner and/or holder of the subject mortgage, designated NewRezLLC, f/k/a New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing (Shellpoint), as servicer for the Plaintiff, pursuant to a Limited Power of Attorney, and if applicable, the Plaintiff and/or its assignor as originator of the subject loan have complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated thereunder, and section six-1 or six-m of the banking law, for loans governed by those provisions, section six-1 or six-m of the banking law, and section thirteen hundred four of Article Thirteen of the Real Property Actions and Proceedings Law for all residential mortgage loans covering a one to four family dwelling. 5. That upon information and belief, this action involves a residential, one-to-four family property. 6. That on September 19, 2005, Defendant Rukhsana Najeeb duly executed, acknowledged, and delivered to Plaintiffs assignor a Note wherein and whereby the Defendant Rukhsana Najeeb acknowledged to be indebted to the Plaintiffs assignor to be paid according to its terms. Exhibit "1". 7. That as collateral security for the payment of the aforesaid sum, including interest, the Defendant Rukhsana Najeeb on the same day duly executed, acknowledged and delivered a Mortgage to the mortgagee named therein. Exhibit "2". That the Mortgage was duly recorded in the Office of the County Clerk/City Register of the County of Kings on October 25, 2005, as CRFN: 2005000597174, and the mortgage tax thereon was duly paid. 8. That the mortgage was assigned to the Plaintiff herein as evidenced by written instrument dated February 16, 2023 and duly recorded in the Office of Kings County Clerk/City Register on February 24, 2023 in CRFN: 2023000050739. Exhibit "3". 3000-001790-FC/Selene Finance LP 7 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 9. That in and by the above described evidence of obligation, guarantee, or the note secured thereby and the mortgage, it was covenanted and agreed, among other things, that in the event any default was made in the monthly payment the Holder, at its option might declare the entire principal sum due and payable. 10. That on or about October 16, 2018, Defendant Rukhsana Najeeb duly executed, acknowledged, and delivered Modification Agreement to Rushmore Loan Management Services, LLC which among other things, modified the principal balance, interest rate and monthly payment of the original indebtedness Exhibit "4". The Modification Agreement was duly recorded in the Office of the County Clerk/City Register of the County of Kings on September 30, 2019 in CRFN: 2019000315648, and the mortgage tax thereon if any, was duly paid. 11. That said evidence of obligation and mortgage or either of them provide that in the event of a default in the payment of said principal or interest, or any part thereof, or by reason of any default that is more particularly set forth in said evidence of obligation or mortgage, the holder thereof is empowered to sell the mortgaged premises according to law. 12. That the Defendant Rukhsana Najeeb, pursuant to the terms of the evidence of obligation, guarantee, or the note secured thereby, has defaulted in making the aforesaid monthly payments for a period exceeding thirty (30) days. 13. That notices of default pursuant to the mortgage were mailed to the Defendant Rukhsana Najeeb in the form and manner required by the mortgage. Exhibit "5". 14. That 90-day notices were mailed to Defendant Rukhsana Najeeb in the form and manner prescribed by RPAPL §1304 and completed the registration requirements of RPAPL § 1306. Exhibit "5". 15. That by reason of the default of the Defendant Rukhsana Najeeb, and pursuant to the acceleration provisions of said note and mortgage, the Plaintiff has elected and does elect that the whole of the 3000-001790-FC/Selene Finance LP 8 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 principal sum secured thereby become immediately due and payable and there is now justly due and payable. to the Plaintiff by virtue of such acceleration, the principal sum of $443,198.06 plus interest at the contract rate from April 1, 2021 together with the non-interest bearing deferred principal balance in the amount of $35,523.36. 16. That no other action has been had for the recovery of said sum secured by the note and mortgage or any part thereof except an action commenced in the Supreme Court of the County of Kings bearing Index No. 8538/13 which action has been discontinued. 17. That the terms as contained in the mortgage are incorporated herein by reference as Exhibit "2". 18. That the Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action of all or any part of the arrears due and owing or the curing of any or all of the defaults mentioned herein, and such election shall continue and remain effective until all the costs and disbursements of this action, and any and all future defaults under the aforesaid note and mortgage occurring prior to the discontinuance of this action, are fully paid or cured. 19. That in order to protect its security, the Plaintiff may be compelled, before and/or during the pendency of this action, to pay taxes, water rates, fire insurance premiums and other charges affecting the said mortgaged premises, and the Plaintiff requests that any sums so paid be added to the amount due to the Plaintiff upon the note and mortgage and be deemed secured thereby. 20. That the premises are or may be subject to covenants, restrictions, easements and agreements of record, if any; to any state of facts an accurate survey may show; to financing statements of record, if any; to existing prior mortgages and liens, if any; to existing tenancies and/or occupancies, if any; to violations in any state or municipal department, if any; to the statutory right of the United States of America to redeem, if any; and the Plaintiff requests that the premises be sold subject thereto. 3000-001790-FC/Selene Finance LP 9 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 21. That the Defendants JPMorgan Chase Bank, N.A., Department Of Treasury - Internal Revenue Service, United States Of America (Eastern District), Cavalry SPV I LLC and New York City Parking Violations Bureau are made parties to this action by virtue of judgments/liens, in various amounts, against Defendant Rukhsana Najeeb and/or individuals with names similar to those of the Defendant Rukhsana Najeeb, residing at the subject premises and/or at various other addresses, which judgments/liens, if liens against the property, are subject and subordinate to the lien of the Plaintiffs mortgage. Exhibit "6". 22. That the Defendant HSBC Bank USA, N.A. is made a party to this action as assignee of a mortgage dated September 19, 2005 given by Defendant Rukhsana Najeeb to HSBC Mortgage Corporation (USA) in the amount of $216,800.00 and recorded with the County Clerk/City Register of Kings County on October 25, 2005 in CRFN: 2005000597175, which mortgage was assigned to HSBC Bank USA, N.A. as evidenced by written instrument dated June 26, 2012 and recorded in CRFN: 2012000308540 with the County Clerk/City Register of Kings County on August 6, 2012, which mortgage, if a lien against the property, is subject and subordinate to the lien of the Plaintiff's mortgage as modified. Exhibit "7". 23. That pursuant to the provisions of the Civil Practice Law and Rules 3012-b(a) of the State of New York, an executed copy of the original certificate of merit filed simultaneously with the summons and complaint is attached hereto. Exhibit "8". 3000-001790-FC/Selene Finance LP 10 of 11 FILED: KINGS COUNTY CLERK 05/14/2024 05:00 PM INDEX NO. 513521/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 WHEREFORE, the Plaintiff demands judgment that the Defendant(s) herein and all persons claiming under them or any or either of them, subsequent to the commencement of this action, may be forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged premises and that the said premises be decreed to be sold according to law subject to the provisions contained herein and that the monies arising from the sale may be brought into Court and that the Plaintiff may be paid the amount due on the said note and mortgage with interest to the time of such payment, together with expenses of sale, attorney's fees, and the costs, allowances, disbursements and additional allowances granted herein, so far as the amount of such monies properly applicable thereto will pay the same and that the Defendant Rukhsana Najeeb may be adjudged to pay the whole residue, or so much thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied after the sale of the mortgaged premises and the application of the proceeds pursuant to the provisions contained in such Judgment, the amount thereof to be determined by the Court as provided in Section 1371 of the Real Property Actions and Proceedings Law. DATED: May 13, 2024 Tarrytown, NewYork Mark R. Knuckles, E q. Knuckles & Manfro, LLP Attorneys for Plainti 120 White Plains Road, Suite 215 Tarrytown, NY 10591 Phone: (914) 345-3020 3000-001790-FC/Selene Finance LP 11 of 11