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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF ORANGE
____________________________________________________________________Ç
WILMINGTON
SAVINGSFUNDSOCIETY, FSB, AS Index No.
OWNER
TRUSTEEOFTHERESIDENTIAL CREDIT
OPPORTUNITIESTRUSTVIII-C, SUMMONS
Plaintiff Mortgaged Premises:
-against- 709 Tower Avenue
Maybrook, NY 12543
AS HEIR AND
JAMIE M. SANTACROCE,
DISTRIBUTEE OFTHEESTATEOFGERALD Section: 107
BERMAN;UNKNOWN HEIRS AND Block: 2
DISTRIBUTEESOFTHEESTATEOFGERALD Lot: 3
BERMAN;NEW YORKSTATEDEPARTMENT OF
TAXATIONANDFINANCE; UNITEDSTATES OF
AMERICA(SOUTHERNDISTRICT) O/B/O
INTERNALREVENUE SERVICE;
CITIMORTGAGE,INC.; "JOHN DOE"and "JANE
DOE"said names the intention
being
fictitious, it being
of Plaintiff to designate any and all occupants of
premises being foreclosed herein,
Defendants
____________________________________________________________________Ç
Mortgaged Premises: 709 Tower Avenue, Maybrook, NY 12543
To The Above NamedDefendant(s):
YOUAREHEREBYSUMMONED
to answer the Complaint
above entitled action and to
in the
serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days of the service of this
Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete
where service is made in any manner other than by personal delivery within the State. The United States
of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of
service. If you fail to appear or to answer within the aforementioned time frame, judgment will be taken
against you by default for the relief demanded in the Complaint.
NOTICE OFNATUREOFACTIONANDRELIEF SOUGHT
THE OBJECTIVEof the above captioned action is to foreclose on a CEMAMortgage to secure
$140,000.00 and interest, recorded in the Orange County Clerk's Office on October 16, 2003 in Book
11230, Page 0986, File Number 20030132340, covering the premises known as 709 Tower Avenue,
Maybrook, NY 12543.
The sought herein is a final judgment directing
relief sale of the premises described above to
satisfy the debt secured by the mortgage described above.
Plaintiff designates Orange County as the place of trial. Venue is based upon the County in which
the mortgaged premises is located.
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NOTICE
YOUAREIN DANGEROFLOSINGYOURHOME
Ifyou do not respond to this summonsand 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 summonsand protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPONDBY SERVING A COPYOF THE ANSWERON THE
ATTORNEY FORTHEPLAINTIFF (MORTGAGE
COMPANY)ANDFILING THEANSWER
WITHTHE COURT.
Dated: May 15, 2024
Garden City, NY
Antho J. O
FRIEDMANVARTOLOLLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, NY 11530
T: (212) 471-5100
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF ORANGE
____________________________________________________________________Ç
WILMINGTON
SAVINGSFUNDSOCIETY, F SB, AS Index No.
OWNER
TRUSTEEOFTHERESIDENTIAL CREDIT
OPPORTUNITIESTRUSTVIII-C, VERIFIED COMPLAINT
Plaintiff Mortgaged Premises:
-against- 709 Tower Avenue
Maybrook, NY 12543
AS HEIR AND
JAMIE M. SANTACROCE,
DISTRIBUTEE OFTHEESTATEOFGERALD Section: 107
BERMAN;UNKNOWN HEIRS AND Block: 2
DISTRIBUTEESOFTHEESTATEOFGERALD Lot: 3
BERMAN;NEW YORKSTATEDEPARTMENT OF
TAXATIONANDFINANCE; UNITEDSTATES OF
AMERICA(SOUTHERNDISTRICT) O/B/O
INTERNALREVENUE SERVICE;
CITIMORTGAGE,INC.; "JOHN DOE"and "JANE
DOE"said names the intention
being
fictitious, it being
of Plaintiff to designate any and all occupants of
premises being foreclosed herein,
Defendants
____________________________________________________________________Ç
The Plaintiff herein, by its attorneys FRIEDMANVARTOLOLLP complains of the defendants
above named herein and, upon information and belief, alleges as follows:
1. Plaintiff, Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential
Credit Opportunities Trust VIII-C (hereinafter "Plaintiff"), at all times hereinafter mentioned was and
still is a duly organized corporation or association with offices at 3020 Old Ranch Parkway, Suite 180,
Seal Beach, CA90740.
2. The object of the instant action is to foreclose a Mortgage securing the premises known
as 709 Tower Avenue, Maybrook, NY 12543 (hereinafter "Mortgaged Premises"). The Mortgaged
Premises is more fully described in Schedule "A" annexed hereto.
"Borrowers"
3. On July 10, 2003, Gerald Berman and Lucille Berman (hereinafter and
"Mortgagors") being indebted to JPMorgan Chase Bank, in the sum of $140,000.00, executed a
consolidated note to secure that sum with an initial interest rate of 5.500% per annum, payable in
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successive monthly installments of $794.90 on the same day of each month commencing September 1,
2003 and the final payment to be made August 1, 2033 (hereinafter "Consolidated Note"). A true and
correct copy of the Consolidated Note is attached hereto as Exhibit A.
4. To secure payment of the obligation described in paragraph three (3), Mortgagors
executed to JPMorgan Chase Bank a consolidated, extension, and modification agreement of even date
with said Consolidated Note, and thereby mortgaged the Mortgaged Premises as collateral security for
the Consolidated Note. Said consolidated, extension, and modification agreement, by its terms,
consolidates the mortgage recorded on February 9, 1999 in Liber 7046, on Page 295, as assigned, with
the mortgage recorded on October 16, 2003 in Book 11230, on Page 0967, File Number 20030132339,
to form a single lien in the amount of $140,000.00. Said consolidated, extension, and modification
agreement was recorded in the County Clerk's Office of Orange on October 16, 2003 in Book 11230, on
Page 0986, File Number 20030132340 (hereinafter "CEMAMortgage"). A true and correct copy of the
CEMAMortgage is attached hereto as Exhibit B.
5. Thereafter, the CEMAMortgage was assigned as provided for below:
OF CEMAMORTGAGE:
ASSIGNMENT
Assignor: JPMorgan Chase Bank, National Association f/k/a JPMorgan Chase Bank
Assignee: Bayview Loan Servicing, LLC
Dated: March 2, 2020
Recorded: March 10, 2020
Book: 14715, Page: 1089
Instrument No.: 20200015819
ASSIGNMENT OF CEMAMORTGAGE:
Assignor: Community Loan Servicing, LLC FKABayview Loan Servicing, LLC
Assignee: Nationstar Mortgage LLC
Dated: July 11, 2022
Recorded: July 19, 2022
Book: 15273, Page: 1492
Instrument No.: 20220052767
[Remainder of PageIntentionally Left Blank]
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OF CEMAMORTGAGE:
ASSIGNMENT
Assignor: Nationstar Mortgage LLC
Assignee: MCLPAsset Company, Inc.
Dated: March 30, 2023
Recorded: April 5, 2023
Book: 15403, Page: 510
Instrument No.: 20230022344
OF CEMAMORTGAGE:
ASSIGNMENT
MCLPAsset Company, Inc.
Assignor:
Assignee: Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit
Opportunities Trust VIII-A
Dated: March 7, 2024
Recorded: April 23, 2024
Book: 15560, Page: 853
Instrument No.: 20240024971
OF CEMAMORTGAGE:
ASSIGNMENT
Assignor: Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit
Opportunities Trust VIII-A
Assignee: Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit
Opportunities Trust VIII-C
Dated: March 26, 2024
Recorded: April 23, 2024
Book: 15560, Page: 858
Instrument No.: 20240024972
Copies of the aforementioned assignments of CEMAMortgage are attached hereto as Exhibit C.
6. Prior to execution of the CEMAMortgage, Mortgagors executed to Federal Standard
Mortgage Banking Corp. a mortgage in the amount of $142,792.00 of even date with its respective note,
and thereby mortgaged the Mortgaged Premises as collateral security for said note. Said mortgage was
executed on January 29, 1999 and recorded in the County Clerk's Office of Orange on February 9, 1999
in Liber 7046, Page 295 (hereinafter "First Mortgage"). A true and correct copy of the First Mortgage is
attached hereto as Exhibit D.
7. Thereafter, the First Mortgage was assigned as provided for below:
OFFIRST MORTGAGE:
ASSIGNMENT
Assignor: Federal Standard Mortgage Banking Corp.
Assignee: Chase Manhattan Mortgage Corporation
Dated: January 29, 1999
Recorded: July 27, 1999
Liber: 7342, Page: 115
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OF FIRST MORTGAGE:
ASSIGNMENT
Assignor: Chase Manhattan Mortgage Corporation
Assignee: JPMorgan Chase Bank
Dated: June 11, 2003
Recorded: October 16, 2003
Book: 11230, Page: 0964
File No.: 20030132338
Copies of the aforementioned assignments of First Mortgage are attached hereto as Exhibit E.
8. Thereafter, prior to execution of the CEMAMortgage, Mortgagors executed to JPMorgan
Chase Bank a mortgage in the amount of $3,842.11 of even date with its respective note, and thereby
mortgage the Mortgaged Premises as collateral security for said note. Said Mortgage was executed on
July 10, 2003 and recorded in the County Clerk's Office of Orange on October 16, 2003 in Book 11230,
Page 0967, File Number20030132339 (hereinafter "Second Mortgage"). A true and correct copy of the
Second Mortgage is attached hereto as Exhibit F.
9. Plaintiff or its custodian/agent is in possession of the original Consolidated Note with a
proper endorsement and/or allonge finnly affixed to the original Consolidated Note and is therefore, the
holder of both the Consolidated Note and CEMAMortgage, which passes incident to the Consolidated
Note.
10. Plaintiffhas complied with all of the applicable provisions of RPAPL§ 1304, if required,
and, if applicable, NewYork Banking Law 9-X, Banking Law §§ 595-a and 6-1 and 6-m.
11. That RPAPL§§ 1304 and 1306 are not applicable because the Borrowers are deceased.
See Exhibit H and Exhibit I, infra.
12. That the CEMAMortgage provides that in the case of default in the payment of any
principal or interest or any other terms, covenants or conditions of the CEMAMortgage, the holder of
the CEMAMortgage could declare the entire indebtedness secured by the CEMAMortgage immediately
due and payable, and that the holder of the CEMAMortgage is empowered to sell the Mortgaged
Premises.
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13. That the Mortgagors defaulted on the CEMAMortgage on November 1, 2019 and since
that date have failed to comply with the conditions of the CEMAMortgage by failing to pay portions of
principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges.
14. That pursuant to paragraph 22 of Exhibit D of the CEMAMortgage, in the case of default
in the payment of any principal or interest or any other terms, covenants or conditions of the CEMA
Mortgage, the holder of the CEMAMortgage could declare the entire indebtedness secured by the CEMA
Mortgage immediately due and payable, and that the holder of the CEMAMortgage is empowered to
sell the Mortgaged Premises according to law. As Mortgagors have failed to pay monthly installments
prior to or on the due date, Plaintiff elects herein to accelerate the CEMAMortgage and call due the
entire amount secured by said CEMAMortgage.
15. That in order to protect its security, the Plaintiff has paid, or may be compelled to pay
during the pendency of this action, local taxes, assessments, water rates, insurance premiums and other
charges assessed to the Mortgaged Premises.
16. That, pursuant to the CEMAMortgage, the Mortgagors promised to pay, in addition to
principal and interest, all the additional charges mentioned in the preceding paragraph, and Plaintiff
hereby requests that any sums paid by Plaintiff for such purposes, with interest thereon, be added to the
sum otherwise due and be deemed secured by the CEMAMortgage and be adjudged to be a valid lien
on the Mortgaged Premises.
17. That there is now due and owing to the Plaintiff under said Consolidated Note and CEMA
Mortgage the principal sum of $89,220.03, with interest thereon from October 1, 2019, plus late charges
and advances made by the Plaintiff on behalf of the Mortgagors and other named defendants and any
other charges due and owing pursuant to the terms of the Consolidated Note and CEMAMortgage.
18. Pursuant to paragraph 6A of the Consolidated Note, in the event any installment shall
become overdue for a period in excess of 15 days, a late charge on the overdue sum may be charged for
the purpose of defraying the expense in handling such delinquent payment.
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19. Plaintiff has complied with all conditions precedent, required by the CEMAMortgage,
prior to the commencement of this action.
20. Pursuant to the terms of the CEMAMortgage, a notice of default was mailed to the
Mortgagors on March 22, 2023 via certified mail and first class mail to the last known addresses of the
Mortgagors, which were: (i) 1013 Royal Citrus Court, Winter Garden, FL 34787; and (ii) the Mortgaged
Premises (hereinafter "Notice of Default"). True and correct copies of the Notice of Default are attached
hereto as Exhibit G.
21. Borrower, Lucille Berman, is not a necessary party to this action because she died on June
26, 2018 and Plaintiff hereby waives deficiency against her estate. Her interest in and to the Mortgaged
Premises passed by operation of law to her surviving spouse, Gerald Berman. A copy of Lucille Berman's
death certificate is attached hereto as Exhibit H.
22. Borrower, Gerald Berman, is not a necessary party to this action because he died on
September 28, 2019; additionally, Plaintiff hereby waives deficiency against his estate. A copy of Gerald
Berman's death certificate is attached hereto as Exhibit I.
23. That defendant, Jamie M. Santacroce, as Heir and Distributee of the Estate of Gerald
Berman, is a named party defendant to this action because she is an heir and distributee of the Estate of
Gerald Berman.
24. That defendants, Unknown Heirs and Distributees of the Estate of Gerald Berman, are
named party defendants to this action by virtue of naming any and all unknown heirs of Estate of Gerald
Berman, for any potential ownership interest in and to the Mortgaged Premises.
25. That defendant, New York State Department of Taxation and Finance, is a named party
defendant to this action because it is a possible subordinate lienor by virtue of unpaid New York State
estate taxes, if any.
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26. That defendant, United States of America (Southern District) o/b/o Internal Revenue
Service, is a named party defendant to this action because it is a possible subordinate lienor by virtue of
unpaid federal estate taxes if any.
27. That defendant, CitiMortgage, Inc., is a named party defendant to this action because it is
a subordinate mortgagee by virtue of a mortgage recorded on September 20, 2006 in Book 12259, Page
1552, File No. 20060101910, as assigned in Book 15216, Page 269, Instrument No. 20220031763.
28. That defendants "John
Doe" and "Jane Doe," are named party defendants, said names
being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or
corporations, if any, having or claiming an interest in or lien upon the Mortgaged Premises being
foreclosed herein.
29. That each of the above named defendants have or claim to have some interest in, or lien
upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued subsequent to
the lien of the Plaintiff's CEMAMortgage and is subject and subordinate thereto, unless otherwise
outlined in an additional cause of action herein.
30. That the Plaintiff is now the sole, true and lawful holder of the record of the said
Consolidated Note and is the mortgagee of record or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject Consolidated Note and CEMA
Mortgage.
31. No proceedings are currently pending, at law or otherwise, to collect or enforce the
aforementioned default under the Consolidated Note or CEMAMortgage.
32. The Plaintiff shall not be deemed to have waived, altered, released or changed its election
herein by reason of any payment after the commencement of this action of any or all of the defaults
mentioned herein and such election shall continue to be effective.
33. That the CEMAMortgage provides that, in the case of foreclosure, the Mortgaged
Premises may be sold in one parcel and that if the Mortgaged Premises consist of more than one parcel,
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Plaintiff respectfully requests that the Judgment of Foreclosure and Sale provide for the parcels to be
sold as one parcel.
34. The sale of the Mortgaged Premises under foreclosure herein is subject to any state of
facts that an inspection of the Mortgaged Premises would disclose, any state of facts an accurate survey
would show, and to covenants, restrictions and easements, if any, of record affecting said Mortgaged
Premises and any violation thereof, any equity of redemption of the United States to redeem the
Mortgaged Premises within 120 days from the date of sale, prior mortgages and liens of record, if any,
any rights of tenants or persons in possession of the subject Mortgaged Premises, and to zoning
regulations and ordinances of the city, town, or village in which said Mortgaged Premises lies and any
violations thereof.
35. In the event that the Plaintiff possess any other lien(s) against the Mortgaged Premises
either by way of judgment, junior mortgage or otherwise, Plaintiff requests that such other lien(s) not be
merged in Plaintiff's cause(s) of action set forth herein, but that Plaintiff shall be permitted to enforce
said other lien(s) and/or seek determination of priority thereof in any independent action(s) or
proceeding(s), including, without limitation, any surplus money proceedings.
WHEREFORE,
Plaintiff demandsjudgment:
(a) adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs,
advancements and reasonable attorney's fees, if fees were provided for in the said CEMAMortgage;
(b) that the defendants and all persons claiming by, through and under them, or either or any of
them, subsequent to the commencement of this action and every other person or corporation whose right,
title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever
foreclosed of all right, claim, lien or interest, or equity of redemption in and to said Mortgaged Premises;
(c) that the said Mortgaged Premises, or such part thereof as may be necessary to raise the
amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements,
together with any monies advanced and paid, may be decreed to be sold according to law;
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(d) that out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts then
due on said Consolidated Note and CEMAMortgage as herein set forth, with interest upon said amounts
from the dates of the respective payments and advances thereof, the costs and expenses of this action,
additional allowance, if any, and reasonable attomey's fees, if and as provided for in the CEMA
Mortgage, rider or other agreement, so far as the amount of such money is properly applicable thereto
will pay the same;
(e) that any of the parties to this action may become a purchaser upon such sale;
(f) that the United States of America shall have the right of redemption, if applicable;
(g) that the Plaintiff may have such other or further relief, or both, in the Mortgaged Premises as
may be just and equitable.
Dated: May 15, 2024
Garden City, NY
Anth try J. O
FRIEDMANVARTOLOLLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, NY 11530
T: (212) 471-5100
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VERIFICATION
Anthony J. Ortiz, Esq., an attomey admitted to practice in the courts of NewYork State, hereby
affirms under penalty of perjury that:
I aman associate LLP the attorneys
of the firm of FRIEDMANVARTOLO of record for the
Plaintiff in the within action.
I have read the foregoing complaint and know the contents thereof; the same is true to my own
knowledge except as to the matters therein stated to be alleged on information and belief, and as to
those matters I believe it to be true.
The grounds of my beliefs as to all matters not stated on my own knowledge are books and
records in my possession, conversations with officers or employees of Plaintiff or its agents, and the
public record.
Dated: May 15, 2024
Garden City, NY
Anth(nfy J. O Esq.
FRIEDMANVARTOLOLLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, NY 11530
T: (212) 471-5100
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A
SCHEDULE
DESCRIPTIONOFMORTGAGED
PREMISES
TOWNOF
certain lot, piece or parcel of land, lying and being in the VILLAGEOF MAYBROOK,
ALL that
MONTGOMERY, COUNTYOFORANGE,STATEOF NEWYORK,and further described as follows:
BEGINNINGat a point on the westerly line of Tower Avenue, said point being southerly 50.00 feet from the intersection of
the westerly line of Tower Avenue with the southerly line of Wiley Street, running thence along the westerly line of Tower
Avenue, South 31-¬03-00 West 100.00 feet to a point, thence along lot 19 on a filed map entitled "Map of Lands of John
York'
H. Wiley, at Maybrook, New being filed in the Orange County Clerk's Office on January 25, 1913 in Pocket 8 Pg 24,
and also being lands now or formerly Johnson (Liber 1939 pg .72) north 58-57-00 West 135.00 feet to a point, thence
along lot 6 and lot 7 on the above mentioned filed map being land now or formerly of Benson (Liber 1939 pg. 456) and
lands now or formerly Benson (Liber 1849 pg. 1165) North 31-03-00 East 100.00 feet to a point, thence along lot 25 on
the above mentioned filed map being lands now or formerly Olantuono (Liber 1493 pg. 443) South 58-57-00 East 135.0
feet to the point or place of beginning.
Being lot 21 and lot 21 on the above mentioned filed map.
Being the same premises conveyed to Gerald Berman and his wife, Lucille Berman, as tenants by the entirety, by virtue
of a deed from Michael Busi and his wife, Isabella Busi, husband and wife, dated 01/15/1998, and recorded 02/09/1999,
in Deed Book 4982 Page 172, in the Orange County Clerk's Office, State of NewYork.
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FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF ORANGE ____________________________________________________________________Ç WILMINGTON SAVINGSFUNDSOCIETY, FSB, AS Index No. OWNER TRUSTEEOFTHERESIDENTIAL CREDIT OPPORTUNITIESTRUSTVIII-C, SUMMONS Plaintiff Mortgaged Premises: -against- 709 Tower Avenue Maybrook, NY 12543 AS HEIR AND JAMIE M. SANTACROCE, DISTRIBUTEE OFTHEESTATEOFGERALD Section: 107 BERMAN;UNKNOWN HEIRS AND Block: 2 DISTRIBUTEESOFTHEESTATEOFGERALD Lot: 3 BERMAN;NEW YORKSTATEDEPARTMENT OF TAXATIONANDFINANCE; UNITEDSTATES OF AMERICA(SOUTHERNDISTRICT) O/B/O INTERNALREVENUE SERVICE; CITIMORTGAGE,INC.; "JOHN DOE"and "JANE DOE"said names the intention being fictitious, it being of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants ____________________________________________________________________Ç Mortgaged Premises: 709 Tower Avenue, Maybrook, NY 12543 To The Above NamedDefendant(s): YOUAREHEREBYSUMMONED to answer the Complaint above entitled action and to in the serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service. If you fail to appear or to answer within the aforementioned time frame, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OFNATUREOFACTIONANDRELIEF SOUGHT THE OBJECTIVEof the above captioned action is to foreclose on a CEMAMortgage to secure $140,000.00 and interest, recorded in the Orange County Clerk's Office on October 16, 2003 in Book 11230, Page 0986, File Number 20030132340, covering the premises known as 709 Tower Avenue, Maybrook, NY 12543. The sought herein is a final judgment directing relief sale of the premises described above to satisfy the debt secured by the mortgage described above. Plaintiff designates Orange County as the place of trial. Venue is based upon the County in which the mortgaged premises is located. Firm CaseNo. 241134-2 Filed in Orange County 05/15/2024 05:19:54 PM$0.00 Bk: 15157 of 13 Pg: 1724 Index: # EF003923-2024 Clerk: SW FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 NOTICE YOUAREIN DANGEROFLOSINGYOURHOME Ifyou do not respond to this summonsand 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 summonsand protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPONDBY SERVING A COPYOF THE ANSWERON THE ATTORNEY FORTHEPLAINTIFF (MORTGAGE COMPANY)ANDFILING THEANSWER WITHTHE COURT. Dated: May 15, 2024 Garden City, NY Antho J. O FRIEDMANVARTOLOLLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, NY 11530 T: (212) 471-5100 Finn CaseNo. 241134-2 2 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF ORANGE ____________________________________________________________________Ç WILMINGTON SAVINGSFUNDSOCIETY, F SB, AS Index No. OWNER TRUSTEEOFTHERESIDENTIAL CREDIT OPPORTUNITIESTRUSTVIII-C, VERIFIED COMPLAINT Plaintiff Mortgaged Premises: -against- 709 Tower Avenue Maybrook, NY 12543 AS HEIR AND JAMIE M. SANTACROCE, DISTRIBUTEE OFTHEESTATEOFGERALD Section: 107 BERMAN;UNKNOWN HEIRS AND Block: 2 DISTRIBUTEESOFTHEESTATEOFGERALD Lot: 3 BERMAN;NEW YORKSTATEDEPARTMENT OF TAXATIONANDFINANCE; UNITEDSTATES OF AMERICA(SOUTHERNDISTRICT) O/B/O INTERNALREVENUE SERVICE; CITIMORTGAGE,INC.; "JOHN DOE"and "JANE DOE"said names the intention being fictitious, it being of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants ____________________________________________________________________Ç The Plaintiff herein, by its attorneys FRIEDMANVARTOLOLLP complains of the defendants above named herein and, upon information and belief, alleges as follows: 1. Plaintiff, Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VIII-C (hereinafter "Plaintiff"), at all times hereinafter mentioned was and still is a duly organized corporation or association with offices at 3020 Old Ranch Parkway, Suite 180, Seal Beach, CA90740. 2. The object of the instant action is to foreclose a Mortgage securing the premises known as 709 Tower Avenue, Maybrook, NY 12543 (hereinafter "Mortgaged Premises"). The Mortgaged Premises is more fully described in Schedule "A" annexed hereto. "Borrowers" 3. On July 10, 2003, Gerald Berman and Lucille Berman (hereinafter and "Mortgagors") being indebted to JPMorgan Chase Bank, in the sum of $140,000.00, executed a consolidated note to secure that sum with an initial interest rate of 5.500% per annum, payable in Firm CaseNo.241134-2 3 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 successive monthly installments of $794.90 on the same day of each month commencing September 1, 2003 and the final payment to be made August 1, 2033 (hereinafter "Consolidated Note"). A true and correct copy of the Consolidated Note is attached hereto as Exhibit A. 4. To secure payment of the obligation described in paragraph three (3), Mortgagors executed to JPMorgan Chase Bank a consolidated, extension, and modification agreement of even date with said Consolidated Note, and thereby mortgaged the Mortgaged Premises as collateral security for the Consolidated Note. Said consolidated, extension, and modification agreement, by its terms, consolidates the mortgage recorded on February 9, 1999 in Liber 7046, on Page 295, as assigned, with the mortgage recorded on October 16, 2003 in Book 11230, on Page 0967, File Number 20030132339, to form a single lien in the amount of $140,000.00. Said consolidated, extension, and modification agreement was recorded in the County Clerk's Office of Orange on October 16, 2003 in Book 11230, on Page 0986, File Number 20030132340 (hereinafter "CEMAMortgage"). A true and correct copy of the CEMAMortgage is attached hereto as Exhibit B. 5. Thereafter, the CEMAMortgage was assigned as provided for below: OF CEMAMORTGAGE: ASSIGNMENT Assignor: JPMorgan Chase Bank, National Association f/k/a JPMorgan Chase Bank Assignee: Bayview Loan Servicing, LLC Dated: March 2, 2020 Recorded: March 10, 2020 Book: 14715, Page: 1089 Instrument No.: 20200015819 ASSIGNMENT OF CEMAMORTGAGE: Assignor: Community Loan Servicing, LLC FKABayview Loan Servicing, LLC Assignee: Nationstar Mortgage LLC Dated: July 11, 2022 Recorded: July 19, 2022 Book: 15273, Page: 1492 Instrument No.: 20220052767 [Remainder of PageIntentionally Left Blank] Firm CaseNo.241134-2 4 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 OF CEMAMORTGAGE: ASSIGNMENT Assignor: Nationstar Mortgage LLC Assignee: MCLPAsset Company, Inc. Dated: March 30, 2023 Recorded: April 5, 2023 Book: 15403, Page: 510 Instrument No.: 20230022344 OF CEMAMORTGAGE: ASSIGNMENT MCLPAsset Company, Inc. Assignor: Assignee: Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VIII-A Dated: March 7, 2024 Recorded: April 23, 2024 Book: 15560, Page: 853 Instrument No.: 20240024971 OF CEMAMORTGAGE: ASSIGNMENT Assignor: Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VIII-A Assignee: Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VIII-C Dated: March 26, 2024 Recorded: April 23, 2024 Book: 15560, Page: 858 Instrument No.: 20240024972 Copies of the aforementioned assignments of CEMAMortgage are attached hereto as Exhibit C. 6. Prior to execution of the CEMAMortgage, Mortgagors executed to Federal Standard Mortgage Banking Corp. a mortgage in the amount of $142,792.00 of even date with its respective note, and thereby mortgaged the Mortgaged Premises as collateral security for said note. Said mortgage was executed on January 29, 1999 and recorded in the County Clerk's Office of Orange on February 9, 1999 in Liber 7046, Page 295 (hereinafter "First Mortgage"). A true and correct copy of the First Mortgage is attached hereto as Exhibit D. 7. Thereafter, the First Mortgage was assigned as provided for below: OFFIRST MORTGAGE: ASSIGNMENT Assignor: Federal Standard Mortgage Banking Corp. Assignee: Chase Manhattan Mortgage Corporation Dated: January 29, 1999 Recorded: July 27, 1999 Liber: 7342, Page: 115 Firm CaseNo.241134-2 5 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 OF FIRST MORTGAGE: ASSIGNMENT Assignor: Chase Manhattan Mortgage Corporation Assignee: JPMorgan Chase Bank Dated: June 11, 2003 Recorded: October 16, 2003 Book: 11230, Page: 0964 File No.: 20030132338 Copies of the aforementioned assignments of First Mortgage are attached hereto as Exhibit E. 8. Thereafter, prior to execution of the CEMAMortgage, Mortgagors executed to JPMorgan Chase Bank a mortgage in the amount of $3,842.11 of even date with its respective note, and thereby mortgage the Mortgaged Premises as collateral security for said note. Said Mortgage was executed on July 10, 2003 and recorded in the County Clerk's Office of Orange on October 16, 2003 in Book 11230, Page 0967, File Number20030132339 (hereinafter "Second Mortgage"). A true and correct copy of the Second Mortgage is attached hereto as Exhibit F. 9. Plaintiff or its custodian/agent is in possession of the original Consolidated Note with a proper endorsement and/or allonge finnly affixed to the original Consolidated Note and is therefore, the holder of both the Consolidated Note and CEMAMortgage, which passes incident to the Consolidated Note. 10. Plaintiffhas complied with all of the applicable provisions of RPAPL§ 1304, if required, and, if applicable, NewYork Banking Law 9-X, Banking Law §§ 595-a and 6-1 and 6-m. 11. That RPAPL§§ 1304 and 1306 are not applicable because the Borrowers are deceased. See Exhibit H and Exhibit I, infra. 12. That the CEMAMortgage provides that in the case of default in the payment of any principal or interest or any other terms, covenants or conditions of the CEMAMortgage, the holder of the CEMAMortgage could declare the entire indebtedness secured by the CEMAMortgage immediately due and payable, and that the holder of the CEMAMortgage is empowered to sell the Mortgaged Premises. Firm CaseNo.241134-2 6 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 13. That the Mortgagors defaulted on the CEMAMortgage on November 1, 2019 and since that date have failed to comply with the conditions of the CEMAMortgage by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges. 14. That pursuant to paragraph 22 of Exhibit D of the CEMAMortgage, in the case of default in the payment of any principal or interest or any other terms, covenants or conditions of the CEMA Mortgage, the holder of the CEMAMortgage could declare the entire indebtedness secured by the CEMA Mortgage immediately due and payable, and that the holder of the CEMAMortgage is empowered to sell the Mortgaged Premises according to law. As Mortgagors have failed to pay monthly installments prior to or on the due date, Plaintiff elects herein to accelerate the CEMAMortgage and call due the entire amount secured by said CEMAMortgage. 15. That in order to protect its security, the Plaintiff has paid, or may be compelled to pay during the pendency of this action, local taxes, assessments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises. 16. That, pursuant to the CEMAMortgage, the Mortgagors promised to pay, in addition to principal and interest, all the additional charges mentioned in the preceding paragraph, and Plaintiff hereby requests that any sums paid by Plaintiff for such purposes, with interest thereon, be added to the sum otherwise due and be deemed secured by the CEMAMortgage and be adjudged to be a valid lien on the Mortgaged Premises. 17. That there is now due and owing to the Plaintiff under said Consolidated Note and CEMA Mortgage the principal sum of $89,220.03, with interest thereon from October 1, 2019, plus late charges and advances made by the Plaintiff on behalf of the Mortgagors and other named defendants and any other charges due and owing pursuant to the terms of the Consolidated Note and CEMAMortgage. 18. Pursuant to paragraph 6A of the Consolidated Note, in the event any installment shall become overdue for a period in excess of 15 days, a late charge on the overdue sum may be charged for the purpose of defraying the expense in handling such delinquent payment. Firm CaseNo.241134-2 7 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 19. Plaintiff has complied with all conditions precedent, required by the CEMAMortgage, prior to the commencement of this action. 20. Pursuant to the terms of the CEMAMortgage, a notice of default was mailed to the Mortgagors on March 22, 2023 via certified mail and first class mail to the last known addresses of the Mortgagors, which were: (i) 1013 Royal Citrus Court, Winter Garden, FL 34787; and (ii) the Mortgaged Premises (hereinafter "Notice of Default"). True and correct copies of the Notice of Default are attached hereto as Exhibit G. 21. Borrower, Lucille Berman, is not a necessary party to this action because she died on June 26, 2018 and Plaintiff hereby waives deficiency against her estate. Her interest in and to the Mortgaged Premises passed by operation of law to her surviving spouse, Gerald Berman. A copy of Lucille Berman's death certificate is attached hereto as Exhibit H. 22. Borrower, Gerald Berman, is not a necessary party to this action because he died on September 28, 2019; additionally, Plaintiff hereby waives deficiency against his estate. A copy of Gerald Berman's death certificate is attached hereto as Exhibit I. 23. That defendant, Jamie M. Santacroce, as Heir and Distributee of the Estate of Gerald Berman, is a named party defendant to this action because she is an heir and distributee of the Estate of Gerald Berman. 24. That defendants, Unknown Heirs and Distributees of the Estate of Gerald Berman, are named party defendants to this action by virtue of naming any and all unknown heirs of Estate of Gerald Berman, for any potential ownership interest in and to the Mortgaged Premises. 25. That defendant, New York State Department of Taxation and Finance, is a named party defendant to this action because it is a possible subordinate lienor by virtue of unpaid New York State estate taxes, if any. Firm CaseNo.241134-2 8 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 26. That defendant, United States of America (Southern District) o/b/o Internal Revenue Service, is a named party defendant to this action because it is a possible subordinate lienor by virtue of unpaid federal estate taxes if any. 27. That defendant, CitiMortgage, Inc., is a named party defendant to this action because it is a subordinate mortgagee by virtue of a mortgage recorded on September 20, 2006 in Book 12259, Page 1552, File No. 20060101910, as assigned in Book 15216, Page 269, Instrument No. 20220031763. 28. That defendants "John Doe" and "Jane Doe," are named party defendants, said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the Mortgaged Premises being foreclosed herein. 29. That each of the above named defendants have or claim to have some interest in, or lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued subsequent to the lien of the Plaintiff's CEMAMortgage and is subject and subordinate thereto, unless otherwise outlined in an additional cause of action herein. 30. That the Plaintiff is now the sole, true and lawful holder of the record of the said Consolidated Note and is the mortgagee of record or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject Consolidated Note and CEMA Mortgage. 31. No proceedings are currently pending, at law or otherwise, to collect or enforce the aforementioned default under the Consolidated Note or CEMAMortgage. 32. The Plaintiff shall not be deemed to have waived, altered, released or changed its election herein by reason of any payment after the commencement of this action of any or all of the defaults mentioned herein and such election shall continue to be effective. 33. That the CEMAMortgage provides that, in the case of foreclosure, the Mortgaged Premises may be sold in one parcel and that if the Mortgaged Premises consist of more than one parcel, Firm CaseNo.241134-2 9 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 Plaintiff respectfully requests that the Judgment of Foreclosure and Sale provide for the parcels to be sold as one parcel. 34. The sale of the Mortgaged Premises under foreclosure herein is subject to any state of facts that an inspection of the Mortgaged Premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said Mortgaged Premises and any violation thereof, any equity of redemption of the United States to redeem the Mortgaged Premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject Mortgaged Premises, and to zoning regulations and ordinances of the city, town, or village in which said Mortgaged Premises lies and any violations thereof. 35. In the event that the Plaintiff possess any other lien(s) against the Mortgaged Premises either by way of judgment, junior mortgage or otherwise, Plaintiff requests that such other lien(s) not be merged in Plaintiff's cause(s) of action set forth herein, but that Plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. WHEREFORE, Plaintiff demandsjudgment: (a) adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, advancements and reasonable attorney's fees, if fees were provided for in the said CEMAMortgage; (b) that the defendants and all persons claiming by, through and under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien or interest, or equity of redemption in and to said Mortgaged Premises; (c) that the said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; Firm CaseNo.241134-2 10 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 (d) that out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts then due on said Consolidated Note and CEMAMortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attomey's fees, if and as provided for in the CEMA Mortgage, rider or other agreement, so far as the amount of such money is properly applicable thereto will pay the same; (e) that any of the parties to this action may become a purchaser upon such sale; (f) that the United States of America shall have the right of redemption, if applicable; (g) that the Plaintiff may have such other or further relief, or both, in the Mortgaged Premises as may be just and equitable. Dated: May 15, 2024 Garden City, NY Anth try J. O FRIEDMANVARTOLOLLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, NY 11530 T: (212) 471-5100 Finn CaseNo. 241134-2 11 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 VERIFICATION Anthony J. Ortiz, Esq., an attomey admitted to practice in the courts of NewYork State, hereby affirms under penalty of perjury that: I aman associate LLP the attorneys of the firm of FRIEDMANVARTOLO of record for the Plaintiff in the within action. I have read the foregoing complaint and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated on my own knowledge are books and records in my possession, conversations with officers or employees of Plaintiff or its agents, and the public record. Dated: May 15, 2024 Garden City, NY Anth(nfy J. O Esq. FRIEDMANVARTOLOLLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, NY 11530 T: (212) 471-5100 Finn CaseNo.241134-2 12 of 13 FILED: ORANGE COUNTY CLERK 05/15/2024 05:19 PM INDEX NO. EF003923-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 A SCHEDULE DESCRIPTIONOFMORTGAGED PREMISES TOWNOF certain lot, piece or parcel of land, lying and being in the VILLAGEOF MAYBROOK, ALL that MONTGOMERY, COUNTYOFORANGE,STATEOF NEWYORK,and further described as follows: BEGINNINGat a point on the westerly line of Tower Avenue, said point being southerly 50.00 feet from the intersection of the westerly line of Tower Avenue with the southerly line of Wiley Street, running thence along the westerly line of Tower Avenue, South 31-¬03-00 West 100.00 feet to a point, thence along lot 19 on a filed map entitled "Map of Lands of John York' H. Wiley, at Maybrook, New being filed in the Orange County Clerk's Office on January 25, 1913 in Pocket 8 Pg 24, and also being lands now or formerly Johnson (Liber 1939 pg .72) north 58-57-00 West 135.00 feet to a point, thence along lot 6 and lot 7 on the above mentioned filed map being land now or formerly of Benson (Liber 1939 pg. 456) and lands now or formerly Benson (Liber 1849 pg. 1165) North 31-03-00 East 100.00 feet to a point, thence along lot 25 on the above mentioned filed map being lands now or formerly Olantuono (Liber 1493 pg. 443) South 58-57-00 East 135.0 feet to the point or place of beginning. Being lot 21 and lot 21 on the above mentioned filed map. Being the same premises conveyed to Gerald Berman and his wife, Lucille Berman, as tenants by the entirety, by virtue of a deed from Michael Busi and his wife, Isabella Busi, husband and wife, dated 01/15/1998, and recorded 02/09/1999, in Deed Book 4982 Page 172, in the Orange County Clerk's Office, State of NewYork. Firm CaseNo. 241134-2 13 of 13