Preview
FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
SUPREMECOURTOFTHE STATEOFNEWYORK
COUNTYOF ORANGE
--_____________________________________________________Ç
LAKEVIEWLOANSERVICING, LLC,
Plaintiff,
-against-
SEANL. HALPIN A/K/A SEANL. HALPIN SR.; JOVAN Filed:
L. HALPIN A/K/A JOVAN HALPIN A/K/A JOVAN Index No.:
L.
MERCADO; U.S. DEPARTMENTOF HOUSINGAND ORANGE
URBAN DEVELOPMENTF/K/A SECRETARYOF Plaintiff designates
HOUSINGANDURBANDEVELOPMENT;JPMORGAN County as place of trial Venue is
CHASE BANK, N.A.; HUDSONVALLEY FEDERAL based upon County in which
CREDIT UNION; THEPEOPLEOFTHE STATEOFNEW premises are being situate
YORKO/B/O WALLKILL TOWNCOURTAND O/B/O SUMMONS TO FORECLOSE
CRAWFORD TOWNCOURT; "JOHN DOE#1" through AND
ACTIONTO FORECLOSE
"JOHN DOE#10"
inclusive, the names of the ten last name REFORMA MORTGAGE AND
Defendants fictitious, real names unknown to the DEED
TO REFORM
being
the parties intended being persons or corporations
Plaintiff,
in, or tenants or
persons in possession of,
having an interest
portions of the mortgaged premises described in the
Complaint,
Defendants.
______________________________________________-___Ç
TOTHEABOVENAMEDDEFENDANTS:
action and to serve a copy
YOUAREHEREBYSUMMONED
to answer the Complaint in this
to serve a Notice of Appearance
of your Answer or, if the Complaint is not served with this Summons,
after the service of this Summons, exclusive of the
upon the Plaintiffs attorney within twenty (20) days
is complete if this Summonsis not personally
date of service or within thirty (30) days after the service
so appear or answer, judgment will be
delivered to you within the State of New York, If you fail to
taken against you default for the relief demanded in the Complaint.
by
DATED: May 14, 2024
Tarrytown, New York
5000-000036-FC3/JOVAN L HALPIN and SEANHALPIN
Filed in Orange County 05/16/2024 04:30:59 PM$0.00 Bk: 15157
of 12 Pg: 1770 Index: # EF003969-2024 Clerk: SW
FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
NOTICE
OFLOSINGYOURHOME
YOUAREIN DANGER
If you do not respond to this summons and complaint by serving a
the mortgage company who
copy of the answer on the attorney for
the answer
filed this foreclosure proceeding against you and filing
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.
a payment to your mortgage company will not stop this
Sending
foreclosure action.
YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHEATTORNEYFOR
WITH
THEPLAINTIFF LAKEVIEWLOANSERVICING, LLC ANDFILING THEANSWER
THECOURT.
Mark R. Knuckles, E .
Knuckles & Manfro, LLP
Attorneys for Plaintiff
120 White Plains Road - Suite 215
Tarrytown, NY 10591
Phone: (914) 345-3020
NOTICE TO OCCUPANTS:LAKEVIEW LOAN SERVICING, LLC IS FORECLOSING
AGAINST THEOWNER OF THIS PREMISES. IF YOULIVE HERE, THIS LAWSUIT MAY
RESULTIN YOUREVICTION. YOUMAYWISHTO CONTACT A LAWYERTO DISCUSS
ANYRIGHTSANDPOSSIBLEDEFENSESYOUMAYHAVE.
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NOTICEOF OBJECTOFACTIONANDRELIEF SOUGHT
THE OBJECTof the above-entitled action is to the following:
Sean L.
(a) foreclosure of a purchase money mortgage bearing date March 15, 2016 given by
Inc. as nominee
Halpin and Jovan L. Halpin to Mortgage Electronic Registration Systems,
for Homestead Funding Corp. to secure the sum of
$303,403.00 and recorded in Liber
of Orange County on
14024 at Page 1342 in the office of the County ClerldCity Register
herein as
March 17, 2016 and which mortgage was ultimately assigned to the Plaintiff
with the Orange
evidenced by written instrument dated January 20, 2022 and recorded
in Book 15149 at Page 1715; and
County ClerldCity Register on February 4, 2022
reform legal description of a purchase money mortgage bearing date
March 15, 2016 given
(b)
Halpin to Mortgage Electronic Registration Systems, Inc. as
by Sean L. Halpin and Jovan L.
$303,403.00 and recorded in
nominee for Homestead Funding Corp. to secure the sum of
Register of Orange County
Liber 14024 at Page 1342 in the office of the County ClerldCity
and Helen M. Agro to Sean
on March 17, 2016 and to reform deed given by Salvatore Agro
14024 Page:
L. Halpin and Jovan L. Halpin dated March 10, 2016 and
recorded in Liber:
March 17, 2016
1338 in the office of the County ClerldCity Register of Orange County on
follows:
covering the premises described as
86 ROSEANNLANE, CHESTER,NY10918
sought in the within action includes judgment
a final directing the sale of the premises
The relief
described above to the debt secured by the mortgage.
satisfy
pursuant to Section 1371 of the Real Property Actions and
Although Plaintiff reserves its rights
claims are made against any
Proceedings Law against Sean L. Halpin a/k/a Sean L. Halpin Sr. personal
other defendants herein.
.
.
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Help for Homeowners in Foreclosure
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
NewYork State Law requires that we send you this notice about the foreclosure process.
Please read it carefully.
Summonsand Complaint
You are in danger of Iosing your home. respond to the summonsand
If you fail to
complaint in this foreclosure action, you may Iose your home. Please read the summonsand
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 Iocate 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
YOUARENOTREQUIREDTOLEAVEYOURHOME
AT THIS TIME. You have the
right your home during the foreclosure process. You are not required to leave
to stay in
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, YOUAREREQUIREDTO
TAKECAREOFYOURPROPERTYand pay property taxes in accordance with state and
Iocal Iaw.
Foreclosure rescue scams
of people who approach you with offers "save"
Be careful to 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 and fees they will charge, and which prohibits them from taking
perform 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: 05/16/2024
NewYork State Law requires that we provide you this notice about the foreclosure
process. Please read it carefully.
We, LAKEVIEWLOANSERVICING, LLC, are the foreclosing party and are located
at 120 White Plains Road, Suite 215, Tarrytown, NewYork 10591 c/o Knucides, &
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 THESUBJECTOF FORECLOSURE.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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SUPREMECOURTOFTHE STATEOFNEWYORK
COUNTYOF ORANGE
__________________.___________________________x
LAKEVIEWLOANSERVICING, LLC,
Plaintiff,
-against-
SEANL. HALPINA/K/A SEANL. HALPIN SR.; JOVAN
L. HALPIN A/K/A JOVANHALPIN A/K/A JOVAN L. Filed:
MERCADO;U.S. DEPARTMENTOF HOUSINGAND Index No.:
URBAN DEVELOPMENTF/K/A SECRETARYOF
HOUSING AND URBAN DEVELOPMENT; COMPLAINTFORTHE
JPMORGAN CHASEBANK, N.A.; HUDSONVALLEY FORECLOSUREOFA
FEDERAL CREDIT UNION; THE PEOPLEOF THE MORTGAGE AND
STATE OF NEWYORKO/B/O WALLKILL TOWN REFORMATION OF DEED
COURTAND O/B/O CRAWFORD TOWNCOURT; ANDMORTGAGE
#1" through "JOHN DOE#10" inclusive,
"JOHN DOE 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.
________..------..__________________..----------Ç
as and for its Complaint, alleges:
Plaintiff,
AS ANDFORA FIRST CAUSEOFACTION
1. That the Plaintiff was and still is a foreign limited liability company authorized to transact
business in the State of NewYork.
and the individual was/were and still is/are
2. That upon information belief, Defendant(s)
of the State of New York or are engaged in business in the State of New York or owns real
resident(s)
property in the State of New York.
and the corporate Defendant(s) is/are domestic corporation(s),
3. That upon information belief,
authorized to do business in the State of New York or subject to the jurisdiction of the
corporation(s)
NewYork courts by virtue of the liens recited hereinafter.
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4. That the Plaintiff is the owner and/or holder of the subject Note and Mortgage 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
rules and regulations promulgated thereunder, section six-1 or six-m of the banking law, for loans
any
governed by those provisions, and section thirteen hundred four of Article Thirteen of the Real
Property Actions and Proceedings Law.
5. That upon information and belief, this action involves a residential, one-to-four family property.
6. That on March 15, 2016, Defendant Sean L. Halpin a/k/a Sean L. Halpin Sr. duly executed,
acknowledged, and delivered to Plaintiffs assignor a Note wherein and whereby the Defendant Sean L.
Halpin a/k/a Sean L. Halpin Sr. 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
Defendants Sean L. Halpin a/k/a Sean L. Halpin Sr. and Jovan L. Halpin a/k/a Jovan Halpin a/k/a Jovan
L. Mercado ("Borrowers") on the same day duly executed, acknowledged and delivered a mortgage to
the mortgagee named therein. That the mortgage was duly recorded in the Office of the County
Register of the County of Orange on March 17, 2016, as Liber 14024 at Page 1342, and the
Clerk/City
"2"
mortgage tax thereon was duly paid. Exhibit
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.
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9. That the mortgage was ultimately assigned to the Plaintiff herein as evidenced by written
dated January 20, 2022 duly recorded in the Office the Orange County Clerk/City Register
instrument
on February 4, 2022 in Book 15149 at Page 1715. Exhibit "3".
10. That in and by the above described evidence of obligation, guarantee, or the note secured
was covenanted and agreed, among other that in the event any
thereby and the mortgage, it things,
default was made in the monthly payment of $1,426.71 (inclusive of principal and interest) the Holder,
at its option might declare the entire principal sum due and payable.
That the Defendant Sean L. Halpin a/k/a Sean L. Halpin Sr., pursuant to the terms of the
11.
or the note secured thereby, has defaulted in making the aforesaid
evidence of obligation, guarantee,
payments for a period exceeding thirty (30) days. More precisely, the Defendant Sean L.
monthly
Halpin a/k/a Sean L. Halpin Sr. has defaulted in making the monthly payment due December 1, 2023
and monthly thereafter.
That notices of default pursuant to the mortgage were mailed to the Borrowers in the form and
12.
manner required by the mortgage. Exhibit "4".
13. That 90-day notices were mailed to the Borrowers in the form and manner prescribed by
RPAPL§l304 and completed the registration requirements of RPAPL§ 1306. Exhibit "4".
That by reason of the default of the Defendant Sean L. Halpin a/k/a Sean L. Halpin Sr., and
14.
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 now justly due and payable to the Plaintiff by virtue of such acceleration, the principal sum of
$253,886.48 plus interest at the contract rate from November 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 except actions commenced in the Supreme Court of the County of Orange
bearing Index Nos. EF000968-2022 and EF001761-2023 which actions have been discontinued.
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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
part of the arrears due and owing or the curing of any or all of the defaults mentioned herein, and
any
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.
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 the Defendants JPMorgan Chase Bank, N.A., Hudson Valley Federal Credit Union, People
of the State of NewYork o/b/o Wallkill Town Court and Crawford Town Court are made parties to this
action virtue of judgments/liens, in various amounts, against the Borrowers and/or individuals with
by
names similar to those of the Borrowers, 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 Plaintiff s mortgage. Exhibit "5".
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21. That the Defendant Secretary of Housing and Urban Development is made a party to this action
as assignee of a subordinate mortgage dated March 7, 2022 given by the Borrowers to Secretary of
Housing and Urban Development in the amount of $28,095.98 and recorded with the County
Clerk/City Register of Orange County on April 28, 2022 in Liber: 15216 Page: 1859, which mortgage,
if a lien against the property, is subject and subordinate to the lien of the Plaintiff's mortgage. Exhibit
"6".
22. That the Defendant Secretary of Housing and Urban Development is made a party to this action
as assignee of a subordinate mortgage dated June 21, 2023 given by the Borrowers to Secretary of
Housing and Urban Development in t%e amount of $34,036.28 and recorded with the County
Clerk/City Register of Orange County on July 27, 2023 in Book: 15451 Page: 22, which mortgage, if a
lien against the property, is subject and subordinate to the lien of the Plaintiff's mortgage. Exhibit "6".
23. That pursuant to the provisions of the Civil Practice Law and Rules 3012-b(a) of the State of
NewYork, an executed copy of the original certificate of merit filed simultaneously with the summons
and complaint is attached hereto. Exhibit "8".
ASANDFORA SECOND
CAUSEOFACTION
24. That the Plaintiff repeats and realleges all the above paragraphs numbered 1 through 23.
25. That this action is brought in part pursuant to Article 15 of the Real Property Actions and
Proceedings Law.
26. That upon information and belief, none of the parties are infants. It is unknown whether any of
the parties have a developmental disability or mental illness, or abuse alcohol.
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27. That the judgment in this action will not affect a person not in being or ascertained at the
commencement of this action, who by contingency contained in a devise or grant or otherwise, could
afterward become entitled to a beneficial estate or interest in the property herein involved, and that
every person or interest in being who would have been entitled to such estate or interest if such event
had happened immediately before the commencement of this action, is made a party hereto.
28. That no personal claim is made against the defendants herein under the Second Cause of Action
unless said defendants shall assert a claim adverse to the claim of the Plaintiff as set forth in the
Complaint herein.
29. That upon information and belief and through mutual mistake of the parties to the subject
mortgage transaction, the legal descriptions in the mortgage being foreclosed and the vesting deed into
the defendant are defective in that they erroneously recite, "being the Southwesterly most corner of Lot
No. 2", however it should read "being the Southwesterly most corner of Lot No. 3". The documents to
be amended are the purchase money mortgage bearing date March 15, 2016 given by Sean L. Halpin
and Jovan L. Halpin to Mortgage Electronic Registration Systems, Inc. as nominee for Homestead
Funding Corp. to secure the sum of $303,403.00 and recorded in Liber 14024 at Page 1342 in the office
of the County ClerldCity Register of Orange County on March 17, 2016, and the vesting deed given by
Salvatore Agro and Helen M. Agro, as grantors, to Sean L. Halpin and Jovan L. Halpin, as grantees,
dated March 10, 2016 and recorded in Liber: 14024 Page: 1338 in the office of the County Clerk/City
Register of Orange County on March 17, 2016. Exhibit "7".
30. That the Plaintiff has no adequate remedy at law and the subject mortgage and vesting deed
should be reformed to include the correct and accurate legal description of the secured premises herein
set forth as Exhibit "7".
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WHEREFORE,the Plaintiff demands judgment on the First Cause of Action 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 Sean L. Halpin a/k/a
Sean L. Halpin Sr. may be adjudged to pay any residue of the debt remaining unsatisfied after the sale
of the mortgaged premises in the event that Plaintiff elects to proceed with an application pursuant to
the requirements of Section 1371 of the Real Property Actions and Proceedings Law after the sale of
the mortgaged premises and on the Second Cause of Action for the reformation of the subject mortgage
and vesting deed to incorporate a true and accurate description of the secured premis .
DATED: May 14, 2024
Tarrytown, NewYork
Mark R. Knuckles, Es .
Knuckles & Manfro, LLP
Attorneys for Plaintiff
120 White Plains Road - Suite 215
Tarrytown, NY 10591
Phone: (914) 345-3020
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Preview
FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 SUPREMECOURTOFTHE STATEOFNEWYORK COUNTYOF ORANGE --_____________________________________________________Ç LAKEVIEWLOANSERVICING, LLC, Plaintiff, -against- SEANL. HALPIN A/K/A SEANL. HALPIN SR.; JOVAN Filed: L. HALPIN A/K/A JOVAN HALPIN A/K/A JOVAN Index No.: L. MERCADO; U.S. DEPARTMENTOF HOUSINGAND ORANGE URBAN DEVELOPMENTF/K/A SECRETARYOF Plaintiff designates HOUSINGANDURBANDEVELOPMENT;JPMORGAN County as place of trial Venue is CHASE BANK, N.A.; HUDSONVALLEY FEDERAL based upon County in which CREDIT UNION; THEPEOPLEOFTHE STATEOFNEW premises are being situate YORKO/B/O WALLKILL TOWNCOURTAND O/B/O SUMMONS TO FORECLOSE CRAWFORD TOWNCOURT; "JOHN DOE#1" through AND ACTIONTO FORECLOSE "JOHN DOE#10" inclusive, the names of the ten last name REFORMA MORTGAGE AND Defendants fictitious, real names unknown to the DEED TO REFORM being the parties intended being persons or corporations Plaintiff, in, or tenants or persons in possession of, having an interest portions of the mortgaged premises described in the Complaint, Defendants. ______________________________________________-___Ç TOTHEABOVENAMEDDEFENDANTS: action and to serve a copy YOUAREHEREBYSUMMONED to answer the Complaint in this to serve a Notice of Appearance of your Answer or, if the Complaint is not served with this Summons, after the service of this Summons, exclusive of the upon the Plaintiffs attorney within twenty (20) days is complete if this Summonsis not personally date of service or within thirty (30) days after the service so appear or answer, judgment will be delivered to you within the State of New York, If you fail to taken against you default for the relief demanded in the Complaint. by DATED: May 14, 2024 Tarrytown, New York 5000-000036-FC3/JOVAN L HALPIN and SEANHALPIN Filed in Orange County 05/16/2024 04:30:59 PM$0.00 Bk: 15157 of 12 Pg: 1770 Index: # EF003969-2024 Clerk: SW FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 NOTICE OFLOSINGYOURHOME YOUAREIN DANGER If you do not respond to this summons and complaint by serving a the mortgage company who copy of the answer on the attorney for the answer filed this foreclosure proceeding against you and filing 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. a payment to your mortgage company will not stop this Sending foreclosure action. YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHEATTORNEYFOR WITH THEPLAINTIFF LAKEVIEWLOANSERVICING, LLC ANDFILING THEANSWER THECOURT. Mark R. Knuckles, E . Knuckles & Manfro, LLP Attorneys for Plaintiff 120 White Plains Road - Suite 215 Tarrytown, NY 10591 Phone: (914) 345-3020 NOTICE TO OCCUPANTS:LAKEVIEW LOAN SERVICING, LLC IS FORECLOSING AGAINST THEOWNER OF THIS PREMISES. IF YOULIVE HERE, THIS LAWSUIT MAY RESULTIN YOUREVICTION. YOUMAYWISHTO CONTACT A LAWYERTO DISCUSS ANYRIGHTSANDPOSSIBLEDEFENSESYOUMAYHAVE. 5000-000036-FC3/JOVAN L HALPIN and SEANHALPIN 2 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 NOTICEOF OBJECTOFACTIONANDRELIEF SOUGHT THE OBJECTof the above-entitled action is to the following: Sean L. (a) foreclosure of a purchase money mortgage bearing date March 15, 2016 given by Inc. as nominee Halpin and Jovan L. Halpin to Mortgage Electronic Registration Systems, for Homestead Funding Corp. to secure the sum of $303,403.00 and recorded in Liber of Orange County on 14024 at Page 1342 in the office of the County ClerldCity Register herein as March 17, 2016 and which mortgage was ultimately assigned to the Plaintiff with the Orange evidenced by written instrument dated January 20, 2022 and recorded in Book 15149 at Page 1715; and County ClerldCity Register on February 4, 2022 reform legal description of a purchase money mortgage bearing date March 15, 2016 given (b) Halpin to Mortgage Electronic Registration Systems, Inc. as by Sean L. Halpin and Jovan L. $303,403.00 and recorded in nominee for Homestead Funding Corp. to secure the sum of Register of Orange County Liber 14024 at Page 1342 in the office of the County ClerldCity and Helen M. Agro to Sean on March 17, 2016 and to reform deed given by Salvatore Agro 14024 Page: L. Halpin and Jovan L. Halpin dated March 10, 2016 and recorded in Liber: March 17, 2016 1338 in the office of the County ClerldCity Register of Orange County on follows: covering the premises described as 86 ROSEANNLANE, CHESTER,NY10918 sought in the within action includes judgment a final directing the sale of the premises The relief described above to the debt secured by the mortgage. satisfy pursuant to Section 1371 of the Real Property Actions and Although Plaintiff reserves its rights claims are made against any Proceedings Law against Sean L. Halpin a/k/a Sean L. Halpin Sr. personal other defendants herein. . . 5000-000036-FC3/JOVAN L HALPIN and SEANHALPIN 3 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 Help for Homeowners in Foreclosure NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 NewYork State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summonsand Complaint You are in danger of Iosing your home. respond to the summonsand If you fail to complaint in this foreclosure action, you may Iose your home. Please read the summonsand 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 Iocate 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 YOUARENOTREQUIREDTOLEAVEYOURHOME AT THIS TIME. You have the right your home during the foreclosure process. You are not required to leave to stay in 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, YOUAREREQUIREDTO TAKECAREOFYOURPROPERTYand pay property taxes in accordance with state and Iocal Iaw. Foreclosure rescue scams of people who approach you with offers "save" Be careful to 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 and fees they will charge, and which prohibits them from taking perform any money from you until they have completed all such promised services. § 1303 NOTICE 4 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 Notice to Tenants of Buildings in Foreclosure RECEIVED NYSCEF: 05/16/2024 NewYork State Law requires that we provide you this notice about the foreclosure process. Please read it carefully. We, LAKEVIEWLOANSERVICING, LLC, are the foreclosing party and are located at 120 White Plains Road, Suite 215, Tarrytown, NewYork 10591 c/o Knucides, & 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 THESUBJECTOF FORECLOSURE.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 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 SUPREMECOURTOFTHE STATEOFNEWYORK COUNTYOF ORANGE __________________.___________________________x LAKEVIEWLOANSERVICING, LLC, Plaintiff, -against- SEANL. HALPINA/K/A SEANL. HALPIN SR.; JOVAN L. HALPIN A/K/A JOVANHALPIN A/K/A JOVAN L. Filed: MERCADO;U.S. DEPARTMENTOF HOUSINGAND Index No.: URBAN DEVELOPMENTF/K/A SECRETARYOF HOUSING AND URBAN DEVELOPMENT; COMPLAINTFORTHE JPMORGAN CHASEBANK, N.A.; HUDSONVALLEY FORECLOSUREOFA FEDERAL CREDIT UNION; THE PEOPLEOF THE MORTGAGE AND STATE OF NEWYORKO/B/O WALLKILL TOWN REFORMATION OF DEED COURTAND O/B/O CRAWFORD TOWNCOURT; ANDMORTGAGE #1" through "JOHN DOE#10" inclusive, "JOHN DOE 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. ________..------..__________________..----------Ç as and for its Complaint, alleges: Plaintiff, AS ANDFORA FIRST CAUSEOFACTION 1. That the Plaintiff was and still is a foreign limited liability company authorized to transact business in the State of NewYork. and the individual was/were and still is/are 2. That upon information belief, Defendant(s) of the State of New York or are engaged in business in the State of New York or owns real resident(s) property in the State of New York. and the corporate Defendant(s) is/are domestic corporation(s), 3. That upon information belief, authorized to do business in the State of New York or subject to the jurisdiction of the corporation(s) NewYork courts by virtue of the liens recited hereinafter. 5000-000036-FC3/JOVAN L HALPIN and SEANHALPIN 6 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 4. That the Plaintiff is the owner and/or holder of the subject Note and Mortgage 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 rules and regulations promulgated thereunder, section six-1 or six-m of the banking law, for loans any governed by those provisions, and section thirteen hundred four of Article Thirteen of the Real Property Actions and Proceedings Law. 5. That upon information and belief, this action involves a residential, one-to-four family property. 6. That on March 15, 2016, Defendant Sean L. Halpin a/k/a Sean L. Halpin Sr. duly executed, acknowledged, and delivered to Plaintiffs assignor a Note wherein and whereby the Defendant Sean L. Halpin a/k/a Sean L. Halpin Sr. 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 Defendants Sean L. Halpin a/k/a Sean L. Halpin Sr. and Jovan L. Halpin a/k/a Jovan Halpin a/k/a Jovan L. Mercado ("Borrowers") on the same day duly executed, acknowledged and delivered a mortgage to the mortgagee named therein. That the mortgage was duly recorded in the Office of the County Register of the County of Orange on March 17, 2016, as Liber 14024 at Page 1342, and the Clerk/City "2" mortgage tax thereon was duly paid. Exhibit 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. 5000-000036-FC3/JOVAN L HALPIN and SEANHALPIN 7 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 9. That the mortgage was ultimately assigned to the Plaintiff herein as evidenced by written dated January 20, 2022 duly recorded in the Office the Orange County Clerk/City Register instrument on February 4, 2022 in Book 15149 at Page 1715. Exhibit "3". 10. That in and by the above described evidence of obligation, guarantee, or the note secured was covenanted and agreed, among other that in the event any thereby and the mortgage, it things, default was made in the monthly payment of $1,426.71 (inclusive of principal and interest) the Holder, at its option might declare the entire principal sum due and payable. That the Defendant Sean L. Halpin a/k/a Sean L. Halpin Sr., pursuant to the terms of the 11. or the note secured thereby, has defaulted in making the aforesaid evidence of obligation, guarantee, payments for a period exceeding thirty (30) days. More precisely, the Defendant Sean L. monthly Halpin a/k/a Sean L. Halpin Sr. has defaulted in making the monthly payment due December 1, 2023 and monthly thereafter. That notices of default pursuant to the mortgage were mailed to the Borrowers in the form and 12. manner required by the mortgage. Exhibit "4". 13. That 90-day notices were mailed to the Borrowers in the form and manner prescribed by RPAPL§l304 and completed the registration requirements of RPAPL§ 1306. Exhibit "4". That by reason of the default of the Defendant Sean L. Halpin a/k/a Sean L. Halpin Sr., and 14. 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 now justly due and payable to the Plaintiff by virtue of such acceleration, the principal sum of $253,886.48 plus interest at the contract rate from November 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 except actions commenced in the Supreme Court of the County of Orange bearing Index Nos. EF000968-2022 and EF001761-2023 which actions have been discontinued. 5000-000036-FC3/JOVAN L HALPIN and SEANHALPIN 8 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 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 part of the arrears due and owing or the curing of any or all of the defaults mentioned herein, and any 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. 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 the Defendants JPMorgan Chase Bank, N.A., Hudson Valley Federal Credit Union, People of the State of NewYork o/b/o Wallkill Town Court and Crawford Town Court are made parties to this action virtue of judgments/liens, in various amounts, against the Borrowers and/or individuals with by names similar to those of the Borrowers, 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 Plaintiff s mortgage. Exhibit "5". 5000-000036-FC3/JOVAN L HALPIN and SEANHALPIN 9 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 21. That the Defendant Secretary of Housing and Urban Development is made a party to this action as assignee of a subordinate mortgage dated March 7, 2022 given by the Borrowers to Secretary of Housing and Urban Development in the amount of $28,095.98 and recorded with the County Clerk/City Register of Orange County on April 28, 2022 in Liber: 15216 Page: 1859, which mortgage, if a lien against the property, is subject and subordinate to the lien of the Plaintiff's mortgage. Exhibit "6". 22. That the Defendant Secretary of Housing and Urban Development is made a party to this action as assignee of a subordinate mortgage dated June 21, 2023 given by the Borrowers to Secretary of Housing and Urban Development in t%e amount of $34,036.28 and recorded with the County Clerk/City Register of Orange County on July 27, 2023 in Book: 15451 Page: 22, which mortgage, if a lien against the property, is subject and subordinate to the lien of the Plaintiff's mortgage. Exhibit "6". 23. That pursuant to the provisions of the Civil Practice Law and Rules 3012-b(a) of the State of NewYork, an executed copy of the original certificate of merit filed simultaneously with the summons and complaint is attached hereto. Exhibit "8". ASANDFORA SECOND CAUSEOFACTION 24. That the Plaintiff repeats and realleges all the above paragraphs numbered 1 through 23. 25. That this action is brought in part pursuant to Article 15 of the Real Property Actions and Proceedings Law. 26. That upon information and belief, none of the parties are infants. It is unknown whether any of the parties have a developmental disability or mental illness, or abuse alcohol. 5000-000036-FC3/JOVAN L HALPINand SEANHALPIN 10 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 27. That the judgment in this action will not affect a person not in being or ascertained at the commencement of this action, who by contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property herein involved, and that every person or interest in being who would have been entitled to such estate or interest if such event had happened immediately before the commencement of this action, is made a party hereto. 28. That no personal claim is made against the defendants herein under the Second Cause of Action unless said defendants shall assert a claim adverse to the claim of the Plaintiff as set forth in the Complaint herein. 29. That upon information and belief and through mutual mistake of the parties to the subject mortgage transaction, the legal descriptions in the mortgage being foreclosed and the vesting deed into the defendant are defective in that they erroneously recite, "being the Southwesterly most corner of Lot No. 2", however it should read "being the Southwesterly most corner of Lot No. 3". The documents to be amended are the purchase money mortgage bearing date March 15, 2016 given by Sean L. Halpin and Jovan L. Halpin to Mortgage Electronic Registration Systems, Inc. as nominee for Homestead Funding Corp. to secure the sum of $303,403.00 and recorded in Liber 14024 at Page 1342 in the office of the County ClerldCity Register of Orange County on March 17, 2016, and the vesting deed given by Salvatore Agro and Helen M. Agro, as grantors, to Sean L. Halpin and Jovan L. Halpin, as grantees, dated March 10, 2016 and recorded in Liber: 14024 Page: 1338 in the office of the County Clerk/City Register of Orange County on March 17, 2016. Exhibit "7". 30. That the Plaintiff has no adequate remedy at law and the subject mortgage and vesting deed should be reformed to include the correct and accurate legal description of the secured premises herein set forth as Exhibit "7". 5000-000036-FC3/JOVAN L HALPINand SEANHALPIN 11 of 12 FILED: ORANGE COUNTY CLERK 05/16/2024 04:30 PM INDEX NO. EF003969-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 WHEREFORE,the Plaintiff demands judgment on the First Cause of Action 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 Sean L. Halpin a/k/a Sean L. Halpin Sr. may be adjudged to pay any residue of the debt remaining unsatisfied after the sale of the mortgaged premises in the event that Plaintiff elects to proceed with an application pursuant to the requirements of Section 1371 of the Real Property Actions and Proceedings Law after the sale of the mortgaged premises and on the Second Cause of Action for the reformation of the subject mortgage and vesting deed to incorporate a true and accurate description of the secured premis . DATED: May 14, 2024 Tarrytown, NewYork Mark R. Knuckles, Es . Knuckles & Manfro, LLP Attorneys for Plaintiff 120 White Plains Road - Suite 215 Tarrytown, NY 10591 Phone: (914) 345-3020 5000-000036-FC3/JOVAN L HALPINand SEANHALPIN 12 of 12