Preview
FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM INDEX NO. E2024008415
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3871400
Book Page CIVIL
Return To: No. Pages: 145
RASPREET BHATIA
1345 AVENUE OF THE AMERICAS Instrument: COMPLAINT
SUITE 2200
New York, NY 10105 Control #: 202405171498
Index #: E2024008415
Date: 05/17/2024
U.S. BANK NATIONAL ASSOCIATION Time: 4:52:42 PM
MCFADDEN, JANICE
UNITED STATES OF AMERICA, ACTING ON BEHALF OF
THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT
HOMEPLUS FINANCE CORPORATION
SUSTAINABLE NEIGHBORHOODS LLC
JOHN DOE 1 through JOHN DOE 10, said names being
fictitious and unknown to plaintiff, intended to be possible
tenants or occupants
Total Fees Paid: of the premises, or corporations, persons, or
$0.00
other entities having or claiming a lien upon the mortgaged
premises Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
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U.S. BANK NATIONAL ASSOCIATION, COMPLAINT
Plaintiff,
-against- Index No.: ______________
JANICE MCFADDEN AKA JANICE R. MCFADDEN AKA MORTGAGED PREMISES:
JANICE RUTH MCFADDEN AKA JANICE WITRAN AKA 270 - 272 WEYL STREET
JANICE T. WITRAN; HOMEPLUS FINANCE ROCHESTER, NY 14621
CORPORATION; SUSTAINABLE NEIGHBORHOODS LLC;
UNITED STATES OF AMERICA, ACTING ON BEHALF OF
THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; “JOHN DOE #1” through “JOHN DOE
#10,” said names being fictitious and unknown to plaintiff,
intended to be possible tenants or occupants of the premises, or
corporations, persons, or other entities having or claiming a lien
upon the mortgaged premises,
Defendants.
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The Plaintiff herein, by its attorneys, GREENSPOON MARDER LLP,
complains and alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiff herein is, and at all times hereinafter mentioned was, organized under the laws
of United States of America.
2. On or about January 23, 2001, WILLIE A. MCFADDEN, now deceased, executed
and delivered to ALLIANCE MORTGAGE BANKING CORP., a certain Note bearing that date,
whereby WILLIE A. MCFADDEN, now deceased, covenanted and agreed to pay the principal
sum of $42,883.00, subject to the terms more fully set forth in the Note, which is annexed hereto as
Exhibit A, collectively with the proper indorsements.
3. For the purpose of securing payment of the aforementioned indebtedness,
WILLIE A MCFADDEN, now deceased, duly executed and delivered a Mortgage to
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ALLIANCE MORTGAGE BANKING CORP, and its successors and assigns, which was
recorded in the Office of the MONROE County Clerk on January 23, 2001, in Book 15202 at
Page 0031. The Mortgage is annexed hereto as Exhibit B.
4. The mortgaged premises, more fully described in the Schedule “A” Legal
Description annexed hereto, is commonly known as 270 - 272 WEYL STREET, ROCHESTER,
NY 14621, County of MONROE and State of New York (the “Premises”).
5. The Mortgage was assigned from ALLIANCE MORTGAGE BANKING CORP.
to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
FIRSTAR BANK, NA, by Assignment of Mortgage dated January 23, 2001 and recorded in the
Office of the MONROE County Clerk on February 16, 2001, in Book 01386 at Page 362. The
Mortgage was further assigned from MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR FIRSTAR BANK, NA, to U.S. BANK NATIONAL
ASSOCIATION by Assignment of Mortgage dated November 13, 2012 and recorded in the
Office of the MONROE County Clerk on December 17, 2012, in Book 1720 at Page 64. The
Assignments of Mortgages are annexed hereto as Exhibit C.
6. On or about September 25, 2014, the subject loan was modified by a Loan
Modification Agreement. Said Modification Agreement was executed by JANICE R.
MCFADDEN, and recorded on August 10, 2015, in Book 26254 at Page 118 in the Office of the
MONROE County Clerk. The Loan Modification Agreement is annexed hereto as Exhibit D.
7. Any applicable recording tax was duly paid.
8. U.S. BANK NATIONAL ASSOCIATION is the owner and holder of the subject
Mortgage and Note, or has been delegated the authority to institute a mortgage foreclosure action
by the owner and holder of the subject mortgage and note. The Note was indorsed by the original
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lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the
commencement of this action.
9. The Defendant, JANICE R. MCFADDEN, has failed to comply with the terms
and provisions of the Mortgage and Note by failing to pay principal and interest and/or taxes,
insurance premiums, escrows and/or other charges commencing with the November 1, 2023,
payment.
10. That there is now due and owing to the Plaintiff, the principal sum of $43,622.92
with interest thereon from October 1, 2023, plus accumulated late charges together with any
sums advanced by Plaintiff on behalf of the defendants.
11. More than thirty (30) days have elapsed since the first of said defaults occurred,
and by reason thereof, Plaintiff has elected and hereby elects to declare immediately due and
payable the entire unpaid balance of principal, together with monies advanced for taxes,
insurance, property maintenance, as well as the costs, allowances and reasonable attorney fees to
the extent permitted by the mortgage. See, the demand letter which was sent to the
Borrower(s)/Estate of the Borrower(s), annexed hereto as Exhibit E.
12. Upon information and belief, to the extent applicable, Plaintiff has complied with
all of the provisions of Banking Law, Section 595-a [NYCLS], Section 6-1, Section 6-m, and
UCC § 9-611.
13. Upon information and belief, to the extent applicable, Plaintiff is in compliance
with RPAPL § 1304. See 90 Day Notices, annexed hereto as Exhibit F.
14. Upon information and belief, to the extent applicable, Plaintiff is in compliance
with RPAPL § 1306. The tracking number provided by the New York State Department of
Financial Services is NYS6029383.
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15. Upon information and belief, Plaintiff has complied with all conditions precedent
contained in the mortgage, if any.
16. That in order to protect its security, the Plaintiff, or its agents, has paid or may be
compelled during the pendency of this action to pay local taxes, assessments, water rates,
insurance premiums and other charges affecting the mortgaged premises, and the Plaintiff
requests that any sums thus paid by it for said purposes (together with interest thereon),
should be added to the sum otherwise due and be deemed secured by the Mortgage and be
adjudged a valid lien on the Premises.
17. Each of the above-named defendants have, or may claim to have, some interest in
or lien upon the Premises or some part thereof, which interest or lien, if any, has accrued
subsequent to the lien of Plaintiff’s Mortgage. Pursuant to the provisions of CPLR § 5203(a)(2)
and/or RPAPL § 1311, any such interests or liens are subject and subordinate to Plaintiff’s
mortgage.
18. The named party defendants are described and set out with specificity in the
annexed Schedule “B.”
19. The interest or lien of each of the named party defendant, if any, is set forth
specificity in the annexed Schedule “C.”
20. John Doe #1 through John Doe # 10 are fictitious and unknown to Plaintiff. They
are named as defendants to designate any and all persons or parties, if any, having or claiming an
interest in or lien upon the mortgage premises. They may be judgment creditors or may have, or
claim to have a subordinate mortgage, or may be tenants/occupants, the possible interests of
which are subordinate to the interest of Plaintiff herein.
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AS AND FOR A SECOND CAUSE OF ACTION
21. Plaintiff repeats and re-alleges the statements set forth in Paragraphs 1 – 20.
22. Plaintiff further seeks to reform the legal description.
23. Specifically, WILLIE A. MCFADDEN was an owner of Lot 13 by Deed dated
February 1, 2001 and recorded February 1, 2001, Book 9418 Page 137.
JANICE MCFADDEN AKA JANICE R. MCFADDEN, AKA JANICE RUTH MCFADDEN, AKA
JANICE WITRAN, AKA JANICE T. WITRAN purchased Lot 14 by Deed dated July 6, 2020 and
recorded July 7, 2020, Book 12360 Page 153, under the condition that it be combined with the
existing property - Lot 13.
24. Pursuant to the deed records, the County Assessor merged the properties into one
parcel now known as Sec 091.73, Block 4, Lot 13-001.
25. The subject Mortgages and Modification Agreement encumber Lot 13.
26. The description in the Mortgage to be foreclosed chain is defective as it does not
describe the combined parcels. A corrected description is provided in Schedule A herein, as
recited in Book 9418 Page 137 (as to SBL 091.73-4-13) and Book 12360 Page 153 (as to East
Half of SBL 091.73-4-14).
27. Accordingly, Plaintiff seeks to reform the legal description of the Mortgage and
Modification to include the conveyance for the portion of Lot 14, which was specifically
conditioned by the City, a governmental entity, on the owner combining the Lots and making
them non-divisible.
28. No other action or proceeding has been commenced or maintained or is now
pending at law or otherwise for the foreclosure the Mortgage or for the recovery of the sum
secured by the instant Note and Mortgage or any part thereof.
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29. Plaintiff requests that in the event that this action proceeds to judgment of
foreclosure and sale, the premises shall be sold subject to the following:
i. Any state of facts that an inspection of the premises would disclose;
ii. Any state of facts that an accurate survey of the premises would show;
iii. Covenants, restrictions, easements and public utility agreements, if any,
iv. Building and zoning ordinances of the municipality in which the mortgage
premises are located and possible violations of same;
v. Any rights of tenants in possession of the subject premises;
vi. Any equity of redemption of the United States of America to redeem the
premises within 120 days from the date of sale;
vii. Prior mortgage liens of record, and any advances and arrears thereunder;
viii. Prior lien(s) of record, if any.
30. Plaintiff shall not be deemed to have waived, altered, released or changed the
election hereinbefore made, by reason of any payment after the commencement of this action,
of any or all of the defaults mentioned herein, and such election shall continue and remain
effective.
WHEREFORE, Plaintiff demands judgment, against the Defendants as follows:
a. That each and all of the defendants in this action, and any and all persons
claiming by, through and under any of them, subsequent to the commencement of
this action and the filing of the Notice of Pendency thereof in the Office of the
County Clerk of MONROE County in the State of New York, which is the county
in which the Premises are located, may be forever barred and foreclosed of any
and all right, title and interest, claim, lien and equity of redemption in the
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Premises;
b. That a receiver of rents may be appointed without notice as provided in the
Mortgage;
c. That the Court direct that the Premises can be sold according to law, in one
parcel or otherwise as equity may require;
d. That the monies arising from the sale of the Premises may be brought into Court;
e. That the monies due to Plaintiff on the Note and Mortgage may be adjudged and
computed;
f. That Plaintiff may be paid the amount adjudged to be due on the Note and the
Mortgage with interest at the time of such payment, together with any monies
advanced and paid pursuant to any term of provision of the Note and Mortgage
so as to protect the lien of the Mortgage, and together with taxes, insurance
premiums and all other charges and liens paid thereon with interest upon said
amount from the date of the respective payments and advances, together with all
amounts due by virtue of statutory costs, allowances and attorney’s fees, together
with any reasonable attorney’s fees over and above the amounts covered by the
statutory attorney’s fees, together with the expenses of the sale insofar as the
amount of such monies properly applicable thereto will pay the same;
g. That if the proceeds of the sale of the Premises are insufficient to pay the amount
found due to Plaintiff as set forth in the immediately preceding paragraph, the
officer making the sale be required by the judgment of sale herein to specify the
amount such deficiency in the report of sale so that application may be made by
Plaintiff to the Court pursuant to the Real Property Actions and Proceedings Law
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§ 1371 for a deficiency judgment against the Defendant Obligors, which will
include the amount of any such deficiency, unless; 1) said debt has been listed and
discharged in a bankruptcy petition; or 2) Plaintiff is unable to produce a copy of
the Note;
h. If the Court, upon such application shall so direct, Plaintiff should have judgment
against the Defendants for the amount of such deficiency;
i. That Plaintiff be awarded reasonable attorney’s fees as provided in the Note and
Mortgage, as well as the costs and disbursements of this action.
May 17, 2024
Dated: _____________________________
New York, New York
GREENSPOON MARDER, LLP
Attorneys for Plaintiff
By: /s/ Raspreet Bhatia
________________________________
Raspreet Bhatia, Esq.
1345 Avenue of the Americas,
Suite 2200
New York, NY 10105
P: (212) 524-5000
F: (212) 524-5050 (No Service by fax)
Please respond to Cypress Creek office:
Trade Centre South
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: (888) 491-1120
F: (954) 343-6982
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SCHEDULE A- LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND, WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE
CITY OF ROCHESTER, COUNTY OF MONROE, AND STATE OF NEW YORK, AND
LOT 24 AS LAID DOWN ON A MAP OF THE F. E. WYATT RESUBDIVISION OF
PART OF TOWN LOT 44 MADE BY BURT D. BROWN, SURVEYOR, AND FILED IN
THE MONROE COUNTY CLERK`S OFFICE IN LIBER 27 OF MAPS, PAGE 19. SAID
LOT NO. 24 IS SITUATE ON THE NORTH SIDE OF WEYL STREET AND IS 35 FEET
WIDE FRONT AND REAR, AND 104.1 FEET DEEP ON THE WEST LINE AND 104.2
FEET DEEP ON THE EAST LINE. AND ALL THAT TRACT OR PARCEL OF LAND,
SITUATE IN THE CITY OF ROCHESTER, COUNTY OF MONROE AND STATE OF
NEW YORK, BEING PART OF TOWN LOT 44, AND MORE PARTICULARLY
KNOWN AS THE EAST HALF OF LOT 25 OF THE F.E. WYATT RESUBDIVISION,
AS FILED IN THE MONROE COUNTY CLERK`S OFFICE IN LIBER 27 OF MAPS,
PAGE 19. SAID EAST HALF OF LOT 25 FRONTS 17.5 FEET ON THE NORTH SIDE
OF WEYL STREET AND IS 104.0 FEET IN DEPTH, MORE OR LESS, ALL AS
SHOWN ON SAID RESUBDIVISION.
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SCHEDULE B - PARTY DEFENDANTS
PARTY DEFENDANT(S)
JANICE MCFADDEN AKA JANICE R. MCFADDEN, AKA JANICE RUTH MCFADDEN,
AKA JANICE WITRAN, AKA JANICE T. WITRAN, Defendant is a(n) Owner/Borrower.
HOMEPLUS FINANCE CORPORATION, Defendant is a Mortgagee
SUSTAINABLE NEIGHBORHOODS LLC, Defendant is a Lienor/Creditor.
UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT, Defendant is a Mortgagee.
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SCHEDULE C – PARTY INTERESTS
PARTY DEFENDANT(S)
JANICE MCFADDEN AKA JANICE R. MCFADDEN, AKA JANICE RUTH MCFADDEN,
AKA JANICE WITRAN, AKA JANICE T. WITRAN, Defendant has interest/is Owner of
Record pursuant to Deed dated February 1, 2001 and recorded on February 1, 2001, in Book
09418, at Page 0137
HOMEPLUS FINANCE CORPORATION, Defendant has interest/is a Mortgagee by virtue of
Mortgage dated October 23, 2006, and recorded on November 30, 2006, in Book 20892 at Page
409, assigned dated October 23, 2006, and recorded on November 30, 2006, in Book 1555 at
Page 0285
SUSTAINABLE NEIGHBORHOODS LLC, Defendant has interest/is a Lienor/Creditor by
virtue of UCC Financing Statement recorded on January 27, 2023, Control # 202301271264
UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT, Defendant has interest/is a Mortgagee by virtue of
Mortgage dated September 25, 2014, and recorded on November 5, 2014, in Book 25886 at Page
216
1
All attachments corresponding with this Schedule are annexed hereto collectively at Exhibit G.
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EXHIBIT “A”
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NOTE
1/23/2001[Date]
270-272 Weyl Street, Rochester, NY14621
[Property Address]
1. PARTIES assigns."Lender"
"Borrower"
meanseach person signing at the end of this Note, and the person's successors and
meansAlliance Mortgage Banking Corp. and its successors and assigns.
2. PROMISETO PAY; INTEREST
BORROWER'S
In return for a loan received from Lender, Borrower promises to pay the principal sum of Forty TwoThousand
Eight Hundred Eighty Three and No/100, (U.S.S 42,883.00), plus interest, to the order of the Lender. Interest will be charged
on unpaid principal, from the date of disbursement of the loan proceeds by Lender at the rate of Eight and 75/100th percent
(8.75%%) per year until the full amount of principal has been paid.
3. PROMISETOPAYSECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated
the same date as this Note and called the "Security Instrument". That Security Instrument protects the Lender from losses which
might result if Borrower defaults under this Note.
4. OF PAYMENT
MANNER
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month
beginning on March 1, 2001.Any principal and interest remaining on February 1, 2031, will be due on that date, which is called
the "Maturity Date".
(B) Place
Payment shall be madeat 3601 HempsteadTurnpike Levittown,New York11756 or at such other place
as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of
principal and interest will be in the amount of $337.36. This amount will be
part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and otheritems
in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the
covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge
were a part of this Note. [check applicable box]
Graduated Payment Allonge Growing Equity Allonge
Other [specify]
5. RIGHT TO PREPAY
BORROWER'S
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,
on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount
prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If
Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless
Lender agrees in writing to those changes.
6. FAILURE TOPAY
BORROWER'S
(A)Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described
in Paragraph 4(C) of this Note by the end of fifteen calendar days after the payment is due, Lender maycollect a late charge in
the amount of four per cent (4.0%) of the overdue amount of each payment.
(B) Default
FHAMultistate Fixed Rate Note - 10/95
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If defaults by failing to pay in full any monthly payment, then Lender may, except as limited
Borrower
by reg'dations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance
remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of
any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate
payment in full in case of payment defaults. This Note does not authorize acceleration when not permitted by regulations. HUD
As used in this Note, "Secretary" meansthe Secretary of Housing and Urban Development or his or her designee.
(C) Payment of
Costs and Expenses
Lender has required immediate payment in full, as described above, Lender mayrequire Borrower
If
attorneys'
to pay costs and expenses including reasonable and customary fees for enforcing this Note to the extent not prohibited
by applicable law. Such fees and costs shall bear interest from the date of disbursement at the samerate as the principal of this
Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and
"Presentment" means dishonor"
notice of dishonor. the right to require Lender to demandpayment of amounts due. "Notice of
meansthe right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OFNOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this
Note be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different
will
address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at
the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONSOFPERSONSUNDERTHIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises madein this Note. Lender mayenforce its rights under this Note
against each person individually or against all signatories together. Any one person may be required to pay all of the amounts
owed under this Note.
BY SIGNINGBELOW,Borrower accepts and agrees to the terms and covenants contained in this Note.
(Seal)
Willie A. MeFadden -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
....--.....................................-------..----..........................-..............................
Sign Original Only]
STATEOF NEWYORK )
Monroe County ) ss:
On the 23rd day of January, in the year 2001, before me, the undersigned, personally appeared Willie A. Mc Fadden
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are)subscribed to the within instrument and acknowledged to methat he executed the samein his capacity(ies), and that by his
signature(s) on the instrument, the individual(s), or the pegson upon behalf of which the individual(s) acted, executed the
instrument. .
v Publit
CHRISTOPHER J. LARA Y
Public, State of New
York
FHAMultistate Fixed Rate Note - 10/95 Notary
Monroe County 7
Expires
My Commission
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ORDEROF
PAYTOTHE
WT¶TO C
----RRST
BY -
TERESABULVER
VICE-PRESDENT
ASSISTANT
AY TO HE EROF
-
10
ALLIANCE MORTGAGE BAN GCORP
R.D. GLANZ, VICE PRESIDENT
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PAYTOTHE
ORDEROF
.......
C0,4l*ZE.
TT¶r37
RBSTARBANK, N
TERESABULVER
VICE-PRESIDENT
ASSIST/4\iT
AYTO HE ˆR OF
ALUANCEMORTGAGE BAN 2 G CORP.
R.D. GUNZ, VICE PRESIDENT
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202405171498 Index NO.
Index
INDEX #: E2024008415
#: E2024008415
FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024
EXHIBIT “B”
18 of 145
202405171498 IndexNO.
INDEX #: E2024008415
E2024008415
FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024
MONROECOUNTY"CLERK'SOFFICE
County Clerk's Recording Page
Index MORTGAGES
Heturn To: *
Book 15202 Page 0031
BOX 77
No. Pages 0011
Instrument MORTGAGE-SF
Date : 1/23/2001
Time : 4:38:00
Control # 200101230896
MCFADDEN MTG# M# CR 025852
WILLIE A
BANKING CORP
ALLIANCE MORTGAGE
Employee ID NB
MORTGAGE
TAX
FILE FEE-S $ 4.75 AMOUNT
MORTGAGE $ 42,883.00
FILE FEE-C $ 5.25
REC FEE $ 33.00 TAX
BASIC MORTGAGE $ 214.50
$ .00
$ .00 SPEC ADDIT MTGTAX $ 107.25
IISC FEE-C $ .00
: MTGTAX $ 214.50 ADDITIONAL MTGTAX $ 82.25
3A MTGTAX $ 107.25
3 MTGTAX $ 82.25 Total $ 404.00
rotal: $ 447.00
TATE OF NEWYORK TRANSFERAMT
ONROECOUNTYCLERK'S OFFICE
ARNING - THIS SHEET CONSTITUTESTHE CLERKS TRANSFERAMT $ .00
NDORSEMENT,REQUIREDBY SECTION 317-a(5) &
=ECTION 319 OF THE REAL PROPERTYLAW OF THE
-TATE OF NEWYORK. DO NOT DETACH. TRANSFERTAX $ .00
Maggie Brooks, County Clerk
111ER|5E|HE5NE15
Preview
FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM INDEX NO. E2024008415 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3871400 Book Page CIVIL Return To: No. Pages: 145 RASPREET BHATIA 1345 AVENUE OF THE AMERICAS Instrument: COMPLAINT SUITE 2200 New York, NY 10105 Control #: 202405171498 Index #: E2024008415 Date: 05/17/2024 U.S. BANK NATIONAL ASSOCIATION Time: 4:52:42 PM MCFADDEN, JANICE UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT HOMEPLUS FINANCE CORPORATION SUSTAINABLE NEIGHBORHOODS LLC JOHN DOE 1 through JOHN DOE 10, said names being fictitious and unknown to plaintiff, intended to be possible tenants or occupants Total Fees Paid: of the premises, or corporations, persons, or $0.00 other entities having or claiming a lien upon the mortgaged premises Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 145 202405171498 Index#:# Index INDEX NO.: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE --------------------------------------------------------------------------X U.S. BANK NATIONAL ASSOCIATION, COMPLAINT Plaintiff, -against- Index No.: ______________ JANICE MCFADDEN AKA JANICE R. MCFADDEN AKA MORTGAGED PREMISES: JANICE RUTH MCFADDEN AKA JANICE WITRAN AKA 270 - 272 WEYL STREET JANICE T. WITRAN; HOMEPLUS FINANCE ROCHESTER, NY 14621 CORPORATION; SUSTAINABLE NEIGHBORHOODS LLC; UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; “JOHN DOE #1” through “JOHN DOE #10,” said names being fictitious and unknown to plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises, Defendants. --------------------------------------------------------------------------X The Plaintiff herein, by its attorneys, GREENSPOON MARDER LLP, complains and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiff herein is, and at all times hereinafter mentioned was, organized under the laws of United States of America. 2. On or about January 23, 2001, WILLIE A. MCFADDEN, now deceased, executed and delivered to ALLIANCE MORTGAGE BANKING CORP., a certain Note bearing that date, whereby WILLIE A. MCFADDEN, now deceased, covenanted and agreed to pay the principal sum of $42,883.00, subject to the terms more fully set forth in the Note, which is annexed hereto as Exhibit A, collectively with the proper indorsements. 3. For the purpose of securing payment of the aforementioned indebtedness, WILLIE A MCFADDEN, now deceased, duly executed and delivered a Mortgage to Firm File # 24-000954-01 2 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 ALLIANCE MORTGAGE BANKING CORP, and its successors and assigns, which was recorded in the Office of the MONROE County Clerk on January 23, 2001, in Book 15202 at Page 0031. The Mortgage is annexed hereto as Exhibit B. 4. The mortgaged premises, more fully described in the Schedule “A” Legal Description annexed hereto, is commonly known as 270 - 272 WEYL STREET, ROCHESTER, NY 14621, County of MONROE and State of New York (the “Premises”). 5. The Mortgage was assigned from ALLIANCE MORTGAGE BANKING CORP. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRSTAR BANK, NA, by Assignment of Mortgage dated January 23, 2001 and recorded in the Office of the MONROE County Clerk on February 16, 2001, in Book 01386 at Page 362. The Mortgage was further assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRSTAR BANK, NA, to U.S. BANK NATIONAL ASSOCIATION by Assignment of Mortgage dated November 13, 2012 and recorded in the Office of the MONROE County Clerk on December 17, 2012, in Book 1720 at Page 64. The Assignments of Mortgages are annexed hereto as Exhibit C. 6. On or about September 25, 2014, the subject loan was modified by a Loan Modification Agreement. Said Modification Agreement was executed by JANICE R. MCFADDEN, and recorded on August 10, 2015, in Book 26254 at Page 118 in the Office of the MONROE County Clerk. The Loan Modification Agreement is annexed hereto as Exhibit D. 7. Any applicable recording tax was duly paid. 8. U.S. BANK NATIONAL ASSOCIATION is the owner and holder of the subject Mortgage and Note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. The Note was indorsed by the original Firm File # 24-000954-01 3 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. 9. The Defendant, JANICE R. MCFADDEN, has failed to comply with the terms and provisions of the Mortgage and Note by failing to pay principal and interest and/or taxes, insurance premiums, escrows and/or other charges commencing with the November 1, 2023, payment. 10. That there is now due and owing to the Plaintiff, the principal sum of $43,622.92 with interest thereon from October 1, 2023, plus accumulated late charges together with any sums advanced by Plaintiff on behalf of the defendants. 11. More than thirty (30) days have elapsed since the first of said defaults occurred, and by reason thereof, Plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance of principal, together with monies advanced for taxes, insurance, property maintenance, as well as the costs, allowances and reasonable attorney fees to the extent permitted by the mortgage. See, the demand letter which was sent to the Borrower(s)/Estate of the Borrower(s), annexed hereto as Exhibit E. 12. Upon information and belief, to the extent applicable, Plaintiff has complied with all of the provisions of Banking Law, Section 595-a [NYCLS], Section 6-1, Section 6-m, and UCC § 9-611. 13. Upon information and belief, to the extent applicable, Plaintiff is in compliance with RPAPL § 1304. See 90 Day Notices, annexed hereto as Exhibit F. 14. Upon information and belief, to the extent applicable, Plaintiff is in compliance with RPAPL § 1306. The tracking number provided by the New York State Department of Financial Services is NYS6029383. Firm File # 24-000954-01 4 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 15. Upon information and belief, Plaintiff has complied with all conditions precedent contained in the mortgage, if any. 16. That in order to protect its security, the Plaintiff, or its agents, has paid or may be compelled during the pendency of this action to pay local taxes, assessments, water rates, insurance premiums and other charges affecting the mortgaged premises, and the Plaintiff requests that any sums thus paid by it for said purposes (together with interest thereon), should be added to the sum otherwise due and be deemed secured by the Mortgage and be adjudged a valid lien on the Premises. 17. Each of the above-named defendants have, or may claim to have, some interest in or lien upon the Premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of Plaintiff’s Mortgage. Pursuant to the provisions of CPLR § 5203(a)(2) and/or RPAPL § 1311, any such interests or liens are subject and subordinate to Plaintiff’s mortgage. 18. The named party defendants are described and set out with specificity in the annexed Schedule “B.” 19. The interest or lien of each of the named party defendant, if any, is set forth specificity in the annexed Schedule “C.” 20. John Doe #1 through John Doe # 10 are fictitious and unknown to Plaintiff. They are named as defendants to designate any and all persons or parties, if any, having or claiming an interest in or lien upon the mortgage premises. They may be judgment creditors or may have, or claim to have a subordinate mortgage, or may be tenants/occupants, the possible interests of which are subordinate to the interest of Plaintiff herein. Firm File # 24-000954-01 5 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 AS AND FOR A SECOND CAUSE OF ACTION 21. Plaintiff repeats and re-alleges the statements set forth in Paragraphs 1 – 20. 22. Plaintiff further seeks to reform the legal description. 23. Specifically, WILLIE A. MCFADDEN was an owner of Lot 13 by Deed dated February 1, 2001 and recorded February 1, 2001, Book 9418 Page 137. JANICE MCFADDEN AKA JANICE R. MCFADDEN, AKA JANICE RUTH MCFADDEN, AKA JANICE WITRAN, AKA JANICE T. WITRAN purchased Lot 14 by Deed dated July 6, 2020 and recorded July 7, 2020, Book 12360 Page 153, under the condition that it be combined with the existing property - Lot 13. 24. Pursuant to the deed records, the County Assessor merged the properties into one parcel now known as Sec 091.73, Block 4, Lot 13-001. 25. The subject Mortgages and Modification Agreement encumber Lot 13. 26. The description in the Mortgage to be foreclosed chain is defective as it does not describe the combined parcels. A corrected description is provided in Schedule A herein, as recited in Book 9418 Page 137 (as to SBL 091.73-4-13) and Book 12360 Page 153 (as to East Half of SBL 091.73-4-14). 27. Accordingly, Plaintiff seeks to reform the legal description of the Mortgage and Modification to include the conveyance for the portion of Lot 14, which was specifically conditioned by the City, a governmental entity, on the owner combining the Lots and making them non-divisible. 28. No other action or proceeding has been commenced or maintained or is now pending at law or otherwise for the foreclosure the Mortgage or for the recovery of the sum secured by the instant Note and Mortgage or any part thereof. Firm File # 24-000954-01 6 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 29. Plaintiff requests that in the event that this action proceeds to judgment of foreclosure and sale, the premises shall be sold subject to the following: i. Any state of facts that an inspection of the premises would disclose; ii. Any state of facts that an accurate survey of the premises would show; iii. Covenants, restrictions, easements and public utility agreements, if any, iv. Building and zoning ordinances of the municipality in which the mortgage premises are located and possible violations of same; v. Any rights of tenants in possession of the subject premises; vi. Any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale; vii. Prior mortgage liens of record, and any advances and arrears thereunder; viii. Prior lien(s) of record, if any. 30. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made, by reason of any payment after the commencement of this action, of any or all of the defaults mentioned herein, and such election shall continue and remain effective. WHEREFORE, Plaintiff demands judgment, against the Defendants as follows: a. That each and all of the defendants in this action, and any and all persons claiming by, through and under any of them, subsequent to the commencement of this action and the filing of the Notice of Pendency thereof in the Office of the County Clerk of MONROE County in the State of New York, which is the county in which the Premises are located, may be forever barred and foreclosed of any and all right, title and interest, claim, lien and equity of redemption in the Firm File # 24-000954-01 7 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 Premises; b. That a receiver of rents may be appointed without notice as provided in the Mortgage; c. That the Court direct that the Premises can be sold according to law, in one parcel or otherwise as equity may require; d. That the monies arising from the sale of the Premises may be brought into Court; e. That the monies due to Plaintiff on the Note and Mortgage may be adjudged and computed; f. That Plaintiff may be paid the amount adjudged to be due on the Note and the Mortgage with interest at the time of such payment, together with any monies advanced and paid pursuant to any term of provision of the Note and Mortgage so as to protect the lien of the Mortgage, and together with taxes, insurance premiums and all other charges and liens paid thereon with interest upon said amount from the date of the respective payments and advances, together with all amounts due by virtue of statutory costs, allowances and attorney’s fees, together with any reasonable attorney’s fees over and above the amounts covered by the statutory attorney’s fees, together with the expenses of the sale insofar as the amount of such monies properly applicable thereto will pay the same; g. That if the proceeds of the sale of the Premises are insufficient to pay the amount found due to Plaintiff as set forth in the immediately preceding paragraph, the officer making the sale be required by the judgment of sale herein to specify the amount such deficiency in the report of sale so that application may be made by Plaintiff to the Court pursuant to the Real Property Actions and Proceedings Law Firm File # 24-000954-01 8 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 § 1371 for a deficiency judgment against the Defendant Obligors, which will include the amount of any such deficiency, unless; 1) said debt has been listed and discharged in a bankruptcy petition; or 2) Plaintiff is unable to produce a copy of the Note; h. If the Court, upon such application shall so direct, Plaintiff should have judgment against the Defendants for the amount of such deficiency; i. That Plaintiff be awarded reasonable attorney’s fees as provided in the Note and Mortgage, as well as the costs and disbursements of this action. May 17, 2024 Dated: _____________________________ New York, New York GREENSPOON MARDER, LLP Attorneys for Plaintiff By: /s/ Raspreet Bhatia ________________________________ Raspreet Bhatia, Esq. 1345 Avenue of the Americas, Suite 2200 New York, NY 10105 P: (212) 524-5000 F: (212) 524-5050 (No Service by fax) Please respond to Cypress Creek office: Trade Centre South 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: (888) 491-1120 F: (954) 343-6982 Firm File # 24-000954-01 9 of 145 202405171498 Index NO. Index INDEX #: E2024008415 #: E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 SCHEDULE A- LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE CITY OF ROCHESTER, COUNTY OF MONROE, AND STATE OF NEW YORK, AND LOT 24 AS LAID DOWN ON A MAP OF THE F. E. WYATT RESUBDIVISION OF PART OF TOWN LOT 44 MADE BY BURT D. BROWN, SURVEYOR, AND FILED IN THE MONROE COUNTY CLERK`S OFFICE IN LIBER 27 OF MAPS, PAGE 19. SAID LOT NO. 24 IS SITUATE ON THE NORTH SIDE OF WEYL STREET AND IS 35 FEET WIDE FRONT AND REAR, AND 104.1 FEET DEEP ON THE WEST LINE AND 104.2 FEET DEEP ON THE EAST LINE. AND ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF ROCHESTER, COUNTY OF MONROE AND STATE OF NEW YORK, BEING PART OF TOWN LOT 44, AND MORE PARTICULARLY KNOWN AS THE EAST HALF OF LOT 25 OF THE F.E. WYATT RESUBDIVISION, AS FILED IN THE MONROE COUNTY CLERK`S OFFICE IN LIBER 27 OF MAPS, PAGE 19. SAID EAST HALF OF LOT 25 FRONTS 17.5 FEET ON THE NORTH SIDE OF WEYL STREET AND IS 104.0 FEET IN DEPTH, MORE OR LESS, ALL AS SHOWN ON SAID RESUBDIVISION. Firm File # 24-000954-01 10 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 SCHEDULE B - PARTY DEFENDANTS PARTY DEFENDANT(S) JANICE MCFADDEN AKA JANICE R. MCFADDEN, AKA JANICE RUTH MCFADDEN, AKA JANICE WITRAN, AKA JANICE T. WITRAN, Defendant is a(n) Owner/Borrower. HOMEPLUS FINANCE CORPORATION, Defendant is a Mortgagee SUSTAINABLE NEIGHBORHOODS LLC, Defendant is a Lienor/Creditor. UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendant is a Mortgagee. Firm File # 24-000954-01 11 of 145 202405171498 Index#:NO. Index INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 SCHEDULE C – PARTY INTERESTS PARTY DEFENDANT(S) JANICE MCFADDEN AKA JANICE R. MCFADDEN, AKA JANICE RUTH MCFADDEN, AKA JANICE WITRAN, AKA JANICE T. WITRAN, Defendant has interest/is Owner of Record pursuant to Deed dated February 1, 2001 and recorded on February 1, 2001, in Book 09418, at Page 0137 HOMEPLUS FINANCE CORPORATION, Defendant has interest/is a Mortgagee by virtue of Mortgage dated October 23, 2006, and recorded on November 30, 2006, in Book 20892 at Page 409, assigned dated October 23, 2006, and recorded on November 30, 2006, in Book 1555 at Page 0285 SUSTAINABLE NEIGHBORHOODS LLC, Defendant has interest/is a Lienor/Creditor by virtue of UCC Financing Statement recorded on January 27, 2023, Control # 202301271264 UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendant has interest/is a Mortgagee by virtue of Mortgage dated September 25, 2014, and recorded on November 5, 2014, in Book 25886 at Page 216 1 All attachments corresponding with this Schedule are annexed hereto collectively at Exhibit G. Firm File # 24-000954-01 12 of 145 202405171498 Index NO. Index INDEX #: E2024008415 #: E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 EXHIBIT “A” 13 of 145 202405171498 IndexNO. INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 NOTE 1/23/2001[Date] 270-272 Weyl Street, Rochester, NY14621 [Property Address] 1. PARTIES assigns."Lender" "Borrower" meanseach person signing at the end of this Note, and the person's successors and meansAlliance Mortgage Banking Corp. and its successors and assigns. 2. PROMISETO PAY; INTEREST BORROWER'S In return for a loan received from Lender, Borrower promises to pay the principal sum of Forty TwoThousand Eight Hundred Eighty Three and No/100, (U.S.S 42,883.00), plus interest, to the order of the Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender at the rate of Eight and 75/100th percent (8.75%%) per year until the full amount of principal has been paid. 3. PROMISETOPAYSECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument". That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. OF PAYMENT MANNER (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on March 1, 2001.Any principal and interest remaining on February 1, 2031, will be due on that date, which is called the "Maturity Date". (B) Place Payment shall be madeat 3601 HempsteadTurnpike Levittown,New York11756 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of $337.36. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and otheritems in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [check applicable box] Graduated Payment Allonge Growing Equity Allonge Other [specify] 5. RIGHT TO PREPAY BORROWER'S Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. FAILURE TOPAY BORROWER'S (A)Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note by the end of fifteen calendar days after the payment is due, Lender maycollect a late charge in the amount of four per cent (4.0%) of the overdue amount of each payment. (B) Default FHAMultistate Fixed Rate Note - 10/95 14 of 145 202405171498 IndexNO. INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 If defaults by failing to pay in full any monthly payment, then Lender may, except as limited Borrower by reg'dations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in case of payment defaults. This Note does not authorize acceleration when not permitted by regulations. HUD As used in this Note, "Secretary" meansthe Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses Lender has required immediate payment in full, as described above, Lender mayrequire Borrower If attorneys' to pay costs and expenses including reasonable and customary fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the samerate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and "Presentment" means dishonor" notice of dishonor. the right to require Lender to demandpayment of amounts due. "Notice of meansthe right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OFNOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different will address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONSOFPERSONSUNDERTHIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises madein this Note. Lender mayenforce its rights under this Note against each person individually or against all signatories together. Any one person may be required to pay all of the amounts owed under this Note. BY SIGNINGBELOW,Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) Willie A. MeFadden -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) ....--.....................................-------..----..........................-.............................. Sign Original Only] STATEOF NEWYORK ) Monroe County ) ss: On the 23rd day of January, in the year 2001, before me, the undersigned, personally appeared Willie A. Mc Fadden personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)subscribed to the within instrument and acknowledged to methat he executed the samein his capacity(ies), and that by his signature(s) on the instrument, the individual(s), or the pegson upon behalf of which the individual(s) acted, executed the instrument. . v Publit CHRISTOPHER J. LARA Y Public, State of New York FHAMultistate Fixed Rate Note - 10/95 Notary Monroe County 7 Expires My Commission 15 of 145 202405171498 IndexNO. INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 ORDEROF PAYTOTHE WT¶TO C ----RRST BY - TERESABULVER VICE-PRESDENT ASSISTANT AY TO HE EROF - 10 ALLIANCE MORTGAGE BAN GCORP R.D. GLANZ, VICE PRESIDENT 16 of 145 202405171498 IndexNO. INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 PAYTOTHE ORDEROF ....... C0,4l*ZE. TT¶r37 RBSTARBANK, N TERESABULVER VICE-PRESIDENT ASSIST/4\iT AYTO HE ˆR OF ALUANCEMORTGAGE BAN 2 G CORP. R.D. GUNZ, VICE PRESIDENT 17 of 145 202405171498 Index NO. Index INDEX #: E2024008415 #: E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 EXHIBIT “B” 18 of 145 202405171498 IndexNO. INDEX #: E2024008415 E2024008415 FILED: MONROE COUNTY CLERK 05/17/2024 04:32 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/17/2024 MONROECOUNTY"CLERK'SOFFICE County Clerk's Recording Page Index MORTGAGES Heturn To: * Book 15202 Page 0031 BOX 77 No. Pages 0011 Instrument MORTGAGE-SF Date : 1/23/2001 Time : 4:38:00 Control # 200101230896 MCFADDEN MTG# M# CR 025852 WILLIE A BANKING CORP ALLIANCE MORTGAGE Employee ID NB MORTGAGE TAX FILE FEE-S $ 4.75 AMOUNT MORTGAGE $ 42,883.00 FILE FEE-C $ 5.25 REC FEE $ 33.00 TAX BASIC MORTGAGE $ 214.50 $ .00 $ .00 SPEC ADDIT MTGTAX $ 107.25 IISC FEE-C $ .00 : MTGTAX $ 214.50 ADDITIONAL MTGTAX $ 82.25 3A MTGTAX $ 107.25 3 MTGTAX $ 82.25 Total $ 404.00 rotal: $ 447.00 TATE OF NEWYORK TRANSFERAMT ONROECOUNTYCLERK'S OFFICE ARNING - THIS SHEET CONSTITUTESTHE CLERKS TRANSFERAMT $ .00 NDORSEMENT,REQUIREDBY SECTION 317-a(5) & =ECTION 319 OF THE REAL PROPERTYLAW OF THE -TATE OF NEWYORK. DO NOT DETACH. TRANSFERTAX $ .00 Maggie Brooks, County Clerk 111ER|5E|HE5NE15