Preview
FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
---------------------------------------------------------------------------X
PENNYMAC LOAN SERVICES, LLC,
Plaintiff, Filed:
-against- Index No.:
KRISTEN N. PAOLETTI; "JOHN DOE #1" through "JOHN Plaintiff designates ONONDAGA
County as place of trial Venue is
DOE #10" inclusive, the names of the ten last name
Defendants being fictitious, real names unknown to the based upon County in which
Plaintiff, the parties intended being persons or corporations premises are being situate
SUMMONS TO FORECLOSE
having an interest in, or tenants or persons in possession of,
ACTION TO FORECLOSE A
portions of the mortgaged premises described in the
MORTGAGE
Complaint,
Defendants.
---------------------------------------------------------------------------X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy
of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance
upon the Plaintiffs 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 Summons is not personally
delivered to you within the State of New York. 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, New York
2231-001177-FC/PennyMac Loan Services, LLC
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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 PENNYMAC LOAN SERVICES, LLCANDFILING THEANSWER
WITH
THE COURT.
Mark R. Knuckles, E q.
Knuckles & Manfro, LLP
Attorneys for Plaintiff
120 White Plains Road, Suite 215
Tarrytown, NY 10591
Phone: (914) 345-3020
NOTICE TO OCCUPANTS: PENNYMACLOAN SERVICES, LLC IS FORECLOSING
AGAINST THE OWNEROF THIS PREMISES. IF YOULIVE HERE, THIS LAWSUIT MAY
RESULTIN YOUREVICTION. YOUMAYWISHTO CONTACTA LAWYERTO DISCUSS
ANYRIGHTSANDPOSSIBLEDEFENSESYOUMAYHAVE.
2231-001177-FC/PennyMac Loan Services, LLC
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NOTICEOFOBJECTOFACTIONANDRELIEF SOUGHT
THEOBJECTof the above-entitled actiona mortgage bearing date April 17, 2017, given
is to foreclose
by Kristen N. Paoletti to Mortgage Electronic Registration Systems, Inc. as nominee for Paragon Home
Loans, Inc. to secure the sum of $92,338.00 and recorded in Book: 18269 Page: 0001 in the office of the
County Clerk/City Register of Onondaga County on April 18, 2017 and which mortgage was assigned
to the Plaintiff herein as evidenced by written instrument dated April 26, 2024 and recorded with the
Onondaga County Clerk/City Register on April 26, 2024 in Instrument No.: 2024-00012223 covering
the premises described as follows:
221 MATTYAVENUE,MATTYDALE,NY13211
The relief sought 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 Kristen N. Paoletti no personal claims are made against any other defendants
herein.
2231-001177-FC/PennyMac Loan Services, LLC
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NYSCEF DOC. NO. 1
Help for Homeowners in Foreclosure
RECEIVED NYSCEF: 05/15/2024
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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NYSCEF DOC. NO. 1
Notice to Tenants of Buildings in Foreclosure
RECEIVED NYSCEF: 05/15/2024
NewYork State Law requires that we provide you this notice about the foreclosure
process. Please read it carefully.
We, PENNYMAC
LOANSERVICES, LLC, are the foreclosing party and are located
at 120 White Plains Road, Suite 215, Tarrytown, NewYork 19591 c/o Knuckles, &
Manfro, LLP. Wecan 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 TENANTSANDRENT-CONTROLLED TENANTSARE
PROTECTED UNDERTHE RENTREGULATIONSWITHRESPECTTO
EVICTION ANDLEASE RENEWALS.THESERIGHTS AREUNAFFECTED BYA
BUILDING ENTERINGFORECLOSURE STATUS. THETENANTSIN RENT-
STABILIZED ANDRENT-CONTROLLED BUILDINGS CONTINUETOBE
AFFORDED THE SAMELEVELOFPROTECTIONEVENTHOUGH THE
BUILDING IS THESUBJECTOFFORECLOSURE. EVICTIONS CANONLY
OCCURIN NEWYORKSTATE PURSUANTTOA COURTORDERANDAFTERA
FULL HEARINGIN COURT.
If you need further information, please call the NewYork State Department of
Services'
Financial 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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SUPREMECOURTOF THE STATEOFNEWYORK
COUNTYOF ONONDAGA
___________________________________________________________________________Ç
PENNYMAC
LOANSERVICES, LLC,
Plaintiff,
-against-
Filed:
Index No.:
KRISTEN N. PAOLETTI; "JOHN DOE #1" through
"JOHN DOE#10" inclusive, the names of the ten last name
Defendants real names unknown to the
COMPLAINTFORTHE
being fictitious,
FORECLOSUREOFA
Plaintiff, the parties intended being persons or corporations
MORTGAGE
having an interest in, or tenants or persons in possession of,
portions of the mortgaged premises described in the
Complaint,
Defendants.
__________________________________________________________________________Ç
Plaintiff, as and for its Complaint, alleges:
1. Plaintiff PennyMac Loan Services, LLC ("Plaintiff") is a foreign limited liability company and
is authorized to transact business in the State of NewYork.
2. That upon information and belief, the individual Defendant(s) was/were and still is/are
resident(s) of the State of NewYork or are engaged in business in the State of NewYork .
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
NewYork courts by virtue of the liens recited hereinafter.
4. That the Plaintiff is the owner and/or holder of the subject mortgage and Note or has been
delegated the authority to institute a mortgage foreclosure action by the owner and/or holder of the
subject mortgage, 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
2231-001177-FC/PennyMac Loan Services, LLC
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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 April 17, 2017, Defendant Kristen N. Paoletti ("Borrower") duly executed,
acknowledged, and delivered to Plaintiffs assignor a Note wherein and whereby the Borrower
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 Borrower
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 Onondaga on April 18, 2017, as Book: 18269 Page: 0001, and the mortgage
tax thereon was duly paid.
8. That said note 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 note or mortgage, the holder thereof is empowered to sell the mortgaged
premises according to law.
9. That the mortgage was assigned to the Plaintiff herein as evidenced by written instrument dated
April 26, 2024 and duly recorded in Instrument No.: 2024-00012223 in the Office of Onondaga County
Clerk/City Register on April 26, 2024. Exhibit "3".
10. 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.
2231-001177-FC/PennyMac Loan Services, LLC
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11. That the Borrower, 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.
12. That notices of default pursuant to the mortgage were mailed to the Borrower in the form and
manner required by the mortgage. Exhibit "4".
13. That 90-day notices were mailed to the Borrower in the form and manner prescribed by RPAPL
§1304 and completed the registration requirements of RPAPL§ 1306 Exhibit "4".
14. That by reason of the default of the Borrower, and pursuant to the acceleration provisions of said
note and mortgage, the Plaintiff has elected and does elect that the whole of the principal sum secured
thereby become immediately due and payable and there is nowjustly due and payable. to the Plaintiff by
virtue of such acceleration, the principal sum of $81,098.91 plus interest at the contract rate from
October 1, 2023.
15. That no other action has been had for the recovery of said sum secured by the note and mortgage
or any part thereof.
16. That the terms as contained in the mortgage are incorporated herein by reference as Exhibit "2".
17. 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.
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18. 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.
19. 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.
20. 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 "5".
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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 Borrower KRISTEN N PAOLETTI 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. Knuckle , Esq.
Knuckles & Manfro, LLP
Attorneys for Plaintiff
120 White Plains Road, Suite 215
Tarrytown, NY 10591
Phone: (914) 345-3020
2231-001177-FC/PennyMac Loan Services, LLC
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Preview
FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ---------------------------------------------------------------------------X PENNYMAC LOAN SERVICES, LLC, Plaintiff, Filed: -against- Index No.: KRISTEN N. PAOLETTI; "JOHN DOE #1" through "JOHN Plaintiff designates ONONDAGA County as place of trial Venue is DOE #10" inclusive, the names of the ten last name Defendants being fictitious, real names unknown to the based upon County in which Plaintiff, the parties intended being persons or corporations premises are being situate SUMMONS TO FORECLOSE having an interest in, or tenants or persons in possession of, ACTION TO FORECLOSE A portions of the mortgaged premises described in the MORTGAGE Complaint, Defendants. ---------------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance upon the Plaintiffs 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 Summons is not personally delivered to you within the State of New York. 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, New York 2231-001177-FC/PennyMac Loan Services, LLC 1 of 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 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 PENNYMAC LOAN SERVICES, LLCANDFILING THEANSWER WITH THE COURT. Mark R. Knuckles, E q. Knuckles & Manfro, LLP Attorneys for Plaintiff 120 White Plains Road, Suite 215 Tarrytown, NY 10591 Phone: (914) 345-3020 NOTICE TO OCCUPANTS: PENNYMACLOAN SERVICES, LLC IS FORECLOSING AGAINST THE OWNEROF THIS PREMISES. IF YOULIVE HERE, THIS LAWSUIT MAY RESULTIN YOUREVICTION. YOUMAYWISHTO CONTACTA LAWYERTO DISCUSS ANYRIGHTSANDPOSSIBLEDEFENSESYOUMAYHAVE. 2231-001177-FC/PennyMac Loan Services, LLC 2 of 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 NOTICEOFOBJECTOFACTIONANDRELIEF SOUGHT THEOBJECTof the above-entitled actiona mortgage bearing date April 17, 2017, given is to foreclose by Kristen N. Paoletti to Mortgage Electronic Registration Systems, Inc. as nominee for Paragon Home Loans, Inc. to secure the sum of $92,338.00 and recorded in Book: 18269 Page: 0001 in the office of the County Clerk/City Register of Onondaga County on April 18, 2017 and which mortgage was assigned to the Plaintiff herein as evidenced by written instrument dated April 26, 2024 and recorded with the Onondaga County Clerk/City Register on April 26, 2024 in Instrument No.: 2024-00012223 covering the premises described as follows: 221 MATTYAVENUE,MATTYDALE,NY13211 The relief sought 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 Kristen N. Paoletti no personal claims are made against any other defendants herein. 2231-001177-FC/PennyMac Loan Services, LLC 3 of 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 Help for Homeowners in Foreclosure RECEIVED NYSCEF: 05/15/2024 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 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 Notice to Tenants of Buildings in Foreclosure RECEIVED NYSCEF: 05/15/2024 NewYork State Law requires that we provide you this notice about the foreclosure process. Please read it carefully. We, PENNYMAC LOANSERVICES, LLC, are the foreclosing party and are located at 120 White Plains Road, Suite 215, Tarrytown, NewYork 19591 c/o Knuckles, & Manfro, LLP. Wecan 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 TENANTSANDRENT-CONTROLLED TENANTSARE PROTECTED UNDERTHE RENTREGULATIONSWITHRESPECTTO EVICTION ANDLEASE RENEWALS.THESERIGHTS AREUNAFFECTED BYA BUILDING ENTERINGFORECLOSURE STATUS. THETENANTSIN RENT- STABILIZED ANDRENT-CONTROLLED BUILDINGS CONTINUETOBE AFFORDED THE SAMELEVELOFPROTECTIONEVENTHOUGH THE BUILDING IS THESUBJECTOFFORECLOSURE. EVICTIONS CANONLY OCCURIN NEWYORKSTATE PURSUANTTOA COURTORDERANDAFTERA FULL HEARINGIN COURT. If you need further information, please call the NewYork State Department of Services' Financial 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 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 SUPREMECOURTOF THE STATEOFNEWYORK COUNTYOF ONONDAGA ___________________________________________________________________________Ç PENNYMAC LOANSERVICES, LLC, Plaintiff, -against- Filed: Index No.: KRISTEN N. PAOLETTI; "JOHN DOE #1" through "JOHN DOE#10" inclusive, the names of the ten last name Defendants real names unknown to the COMPLAINTFORTHE being fictitious, FORECLOSUREOFA Plaintiff, the parties intended being persons or corporations MORTGAGE having an interest in, or tenants or persons in possession of, portions of the mortgaged premises described in the Complaint, Defendants. __________________________________________________________________________Ç Plaintiff, as and for its Complaint, alleges: 1. Plaintiff PennyMac Loan Services, LLC ("Plaintiff") is a foreign limited liability company and is authorized to transact business in the State of NewYork. 2. That upon information and belief, the individual Defendant(s) was/were and still is/are resident(s) of the State of NewYork or are engaged in business in the State of NewYork . 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 NewYork courts by virtue of the liens recited hereinafter. 4. That the Plaintiff is the owner and/or holder of the subject mortgage and Note or has been delegated the authority to institute a mortgage foreclosure action by the owner and/or holder of the subject mortgage, 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 2231-001177-FC/PennyMac Loan Services, LLC 6 of 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 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 April 17, 2017, Defendant Kristen N. Paoletti ("Borrower") duly executed, acknowledged, and delivered to Plaintiffs assignor a Note wherein and whereby the Borrower 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 Borrower 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 Onondaga on April 18, 2017, as Book: 18269 Page: 0001, and the mortgage tax thereon was duly paid. 8. That said note 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 note or mortgage, the holder thereof is empowered to sell the mortgaged premises according to law. 9. That the mortgage was assigned to the Plaintiff herein as evidenced by written instrument dated April 26, 2024 and duly recorded in Instrument No.: 2024-00012223 in the Office of Onondaga County Clerk/City Register on April 26, 2024. Exhibit "3". 10. 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. 2231-001177-FC/PennyMac Loan Services, LLC 7 of 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 11. That the Borrower, 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. 12. That notices of default pursuant to the mortgage were mailed to the Borrower in the form and manner required by the mortgage. Exhibit "4". 13. That 90-day notices were mailed to the Borrower in the form and manner prescribed by RPAPL §1304 and completed the registration requirements of RPAPL§ 1306 Exhibit "4". 14. That by reason of the default of the Borrower, and pursuant to the acceleration provisions of said note and mortgage, the Plaintiff has elected and does elect that the whole of the principal sum secured thereby become immediately due and payable and there is nowjustly due and payable. to the Plaintiff by virtue of such acceleration, the principal sum of $81,098.91 plus interest at the contract rate from October 1, 2023. 15. That no other action has been had for the recovery of said sum secured by the note and mortgage or any part thereof. 16. That the terms as contained in the mortgage are incorporated herein by reference as Exhibit "2". 17. 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. 2231-001177-FC/PennyMac Loan Services, LLC 8 of 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 18. 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. 19. 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. 20. 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 "5". 2231-001177-FC/PennyMac Loan Services, LLC 9 of 10 FILED: ONONDAGA COUNTY CLERK 05/15/2024 01:33 PM INDEX NO. 005143/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 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 Borrower KRISTEN N PAOLETTI 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. Knuckle , Esq. Knuckles & Manfro, LLP Attorneys for Plaintiff 120 White Plains Road, Suite 215 Tarrytown, NY 10591 Phone: (914) 345-3020 2231-001177-FC/PennyMac Loan Services, LLC 10 of 10