Preview
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
X
----------------------------------------------------------------X
HSBC BANK USA, NATIONAL SUMMONS
ASSOCIATION, AS TRUSTEE FOR NAAC
2007-2
Plaintiff
vs
INDEX #:
RENEE C. SUPPE, ARROW FINANCIAL
SERVICES, LLC APO GE MONEY BANK, ORIGINAL FILED WITH THE
ASTORIA BANK F/K/A ASTORIA FEDERAL CLERK ON:
SAVINGS & LOAN, NEW YORK CITY
PARKING VIOLATIONS BUREAU MORTGAGED PREMISES:
43-09 21ST AVENUE
JOHN DOE (Those unknown tenants, occupants, ASTORIA, NY 11105
persons or corporations or their heirs,
BL #: 786 - 4
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s)
----------------------------------------------------------------X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and
to serve a copy of your Answer on the Plaintiffs attorney within twenty (20) days after the service of
this Summons, exclusive of the day of service, or within thirty (30) days after completion of service
where service is made in any other manner 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 hereof. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the Complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy
of the answer on the attorney for the mortgage company who filed this
foreclosure proceeding against you and filing the answer with the court, a
default ud ment ma be entered and ou can lose our home.
1 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
Speak to an attorney or go to the court where your case is pending for
further information on how to answer the summons and protect your
property.
Sending a payment to your mortgage company will not stop this
foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON
THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY)
AND FILING THE ANSWER WITH THE COURT.
Queens County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
DATED: gg, A(8
Sarah K Ésq/
Hyman, sq
Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel.: (716)204-1700
2 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------X
HSBC BANK USA, NATIONAL COMPLAINT
ASSOCIATION, AS TRUSTEE FOR NAAC
2007-2
Plaintiff
vs
INDEX #:
RENEE C. SUPPE, ARROW FINANCIAL
SERVICES, LLC APO GE MONEY BANK, ORIGINAL FILED WITH THE
ASTORIA BANK F/K/A ASTORIA FEDERAL CLERK ON:
SAVINGS & LOAN, NEW YORK CITY
PARKING VIOLATIONS BUREAU MORTGAGED PREMISES:
43-09 21ST AVENUE
JOHN DOE (Those unknown tenants, occupants, ASTORIA, NY 11105
persons or corporations or their heirs,
BL #: 786 - 4
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s)
----------------------------------------------------------------X
The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the
Defendant(s) alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION:
1. Plaintiff, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR
NAAC 2007-2 is a national association organized and existing under the laws of the United
States of America and the owner and holder of the subject note and mortgage or has been
delegated authority to institute this mortgage foreclosure action by the owner and holder of the
subject note and mortgage and has the right to foreclose. Attached here as Schedule A is an
attorney certified copy of the original note.
2. On or about January 29, 2007, Renee C. Suppe executed and delivered a note
whereby Renee C. Suppe promised to pay the sum of $120,000.00 plus interest on the unpaid
amount due.
3. As security for the payment of the note Renee C. Suppe duly executed and delivered
a mortgage, in the amount of $120,000.00 which was recorded as follows.
3 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
Recording Date: February 23, 2007
CRFN 2007000102146
City Register of the City of New York, Queens County
The mortgage was subsequently assigned to HSBC Bank USA, National Association, as
Trustee for NAAC 2007-2.
4. The mortgaged property is known as 43-09 21ST AVENUE, ASTORIA, NY 11105.
The tax map designation is BLOCK 786, LOT 4. Plaintiff is foreclosing the land, buildings, and
other improvements located on the property. The property is more fully described in Schedule B
attached to this complaint.
5. Renee C. Suppe failed to comply with the conditions of the note and mortgage by not
making the payment that was due on October 1, 2017 and subsequent payments.
6. There is now due and owing on the note and mortgage the following amounts:
Principal Balance: $102,196.05
Interest Rate: 7.25%
Date Interest Accrues from: September 1, 2017
Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing,
inspections, posting of notices, maintenance and preservation of the property.
7. In order to protect the value of the property and its rights in the property, the Plaintiff
may have to pay additional taxes, assessments, water charges, insurance premiums and other
charges and the costs, allowances, expenses of sale, and reasonable attorney's fees for the
foreclosure. Plaintiff requests that any amount it pays, together with interest, be included in the
total amount due.
8. The defendant(s) may have an interest encumbering the property, which is either
subordinate to Plaintiffs mortgage, or paid in full, equitably subordinated, or adverse to
C"
Plaintiffs mortgage. The interest of each defendant is set forth in "Schedule of this complaint.
9. The interest or lien of the United States of America, the State, City or local
D"
government entity is set forth in "Schedule of this complaint.
10. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and
Proceedings Law, and the mortgage was originated in compliance with all provisions of section
595-a of the Banking Law and any rules or regulations promulgated there under, and, if
applicable, sections 6-1 or 6-m of the Banking law.
11. No separate pending action was brought to recover any part of the mortgage debt or
if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of
the Plaintiff to discontinue it.
4 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
AS AND FOR A SECOND CAUSE OF ACTION,
PLAINTIFF HEREIN ALLEGES
"1" "11"
12. Repeats and realleges the allegations contained in Paragraphs through as
though fully set forth herein.
13. That the recorded mortgage, that is the subject of this action, accurately references
the address of the property encumbered by the mortgage as: 43-09 21ST AVENUE, ASTORIA,
NY 11105
14. That the Mortgage recorded on February 23, 2007 in CRFN 2007000102146 in the
City Register of the City of New York, Queens County did not have the legal description affixed
thereto.
15. Plaintiff hereby requests reformation of the Mortgage recorded on February 23, 2007
in CRFN 2007000102146 in the City Register of the City of New York, Queens County by
Order of this Court as contained in a clause in the Order of Reference stating the following:
ORDERED, that the legal description in the Mortgage recorded on February 23, 2007
in CRFN 2007000102146 in the City Register of the City of New York, Queens County is
hereby reformed so that the property reads as follows:
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being in the Borough and County of Queens, City and
State of New York, known and designated as and by Lot No. 4, Block 30 as shown on
Map of Steinway & Sons Property in Steinway, Borough of Queens, filed 11/12/1873 in
the Office of the Clerk of County of Queens, Map No. 84 (old) 3392 (new), bounded and
described as follows:
BEGINNING at a point in the Northeasterly side of 21st Avenue (formerly Wolcott
Avenue) distant 75 feet Southeasterly from point of intersection of said Northeasterly
side of 21st Avenue with the Southeasterly side of 43rd Street (formerly Purdy Street);
RUNNING THENCE Northeasterly parallel with 43rd Street and part of the distance
through a party wall, 100 feet;
THENCE Southeasterly parallel with 21st Avenue, 25 feet;
THENCE Southwesterly and again parallel with 43rd Street, 100 feet to said
Northeasterly side of 21st Avenue;
THENCE Northwesterly along the said Northeasterly side of 21st Avenue, 25 feet to the
point or place of BEGINNING.
5 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
WHEREFORE, PLAINTIFF DEMANDS:
a. Judgment accelerating the maturity of the debt and determining the amount due
Plaintiff for principal, interest, late charges, taxes, assessments, insurance,
maintenance and preservation of the property and other similar charges, together
with costs, allowances, expenses of sale, reasonable attorney's fees, all with
interest, pursuant to the terms of the Note and Mortgage.
b. That the property be sold at auction to the highest bidder in accordance with the
referee's terms of sale.
c. That the interest of the defendant(s) and all persons claiming by or through them
be foreclosed and their title,right, claim, lien, interest or equity of redemption to
the property be forever extinguished.
d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal,
interest, late charges, taxes, assessments, insurance, securing, inspections, posting
of notices, maintenance and preservation of the property, and other similar
charges, together with court costs, allowances, expenses of sale, and reasonable
attorney's fees, all with interest.
e. That the property be sold in as is condition and subject to the facts an inspection
or accurate survey of the property would disclose, covenants, restrictions,
easements and public utility agreements of record, building and zoning ordinances
and violations, and the equity of redemption of the United States of America.
f. That Plaintiff may purchase the property at the sale.
g. That a receiver be appointed for the property, if requested by Plaintiff.
h. That a deficiency judgment against Renee C. Suppe, to the extent allowable by
law, for the amount that remains due after distribution of the sale proceeds, unless
the debt was discharged in a bankruptcy or is otherwise uncollectable, be granted
if requested by Plaintiff.
i. That if the Plaintiff possesses other liens against the property, they not merge with
the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be
allowed to share in any surplus proceeds resulting from the sale.
j. Awarding the relief requested in the SECOND cause of action stated in this
complaint.
k. That the Court award Plaintiff additional relief that is just, equitable and proper.
I
Sarah K Iyman, Esq. )
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
6 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
Schedule A
Attached here as Schedule A is an attorney certified copy of the original note. If applicable,
certain non-public personal information has been redacted from the attached document.
7 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
f (~
I
NOTE UIlb&I
January 29 , 2007 FAIRFAX VA
[Datc] [Cityl lStatc]
43-09 21st Avenue, Astoria, NY 11105
[Property
Address]
L BORROWER'S PROMISE TO PAY .
In returnfor a loanthat I have I promise to U.S. $ 120,000.00 (thisamount "Principal"
is called
received, pay "Principal"),
plus to
interest, theorder of the Lender. The Lender is First National Bank of Arizona
I willmake allpayments under thisNote inthe form of cash, check or money order.
I understand that the Lender may transferthisNote. The Lender or anyone who takes thisNote by transferand who is
Holder."
entitledto receivepayments under thisNote the
is called "Note
2. INTEREST
Interestwill be charged on unpaid principaluntilthe fullamount of Principal has been paid. I willpay interestat a yearly
rateof 7 ,250%.
250c/o.
The interest
raterequired by thisSection 2 isthe rate I will
pay both before and after any default describedinSection 6(B)
of thisNote.
3. PAYMENTS
(A) Time and Place of Payments
I willpay principal and interestby making a payment every month.
1 willmake my monthly payment on the1st day ofeach month beginning on March 1, 2007 .I will
make these payments every month untilIhave paidall ofthe principal and interestand any other charges describedbelow thatI
may owe under thisNote. Each monthly payment will be applied as ofits scheduled due dateand will be appliedto interest
before Principal.If,on February 1, 2037 , I still
owe amounts under thisNote, I willpay thoseamounts in fullon
Date."
thatdate, which is calledthe "Maturity
I willmake my monthly payments at P.O. BOX 62768 , PHOENIX, AZ 85085-2768
or at a different
place ifrequiredby the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be inthe amount of U.S. $ 818. 62
4. BORROWER'S RIGHT TO PREPAY
I have the rightto make payments of Principalat any time before they aredue. A payment of Principalonly isknown as a
"Prepayment."
When I make a Prepayment, I will tellthe Note Holder in writing that Iam doing so. Imay not designate a
payment as a Prepayment ifI have notmade allthe monthly payments due under the Note.
1 may make a fullPrepayment or partialPrepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under thisNote. However, the Note Holder may apply my
Prepayment to the accrued and unpaid intereston the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If Imake a partialPrepayinent, there will be no changes in the due date or inthe amount of my
monthly payment unless theNote Holder agrees in writing tothose changes.
5300043162
NEW YORK FIXED RATE NOTE-Single Mae/Freddie
Family-Fannie Mac UNIFORM INSTRUMENT
© -SN(NY) (o005)
VMPMORTGAGE
Fo 33
FORMS- (B00)52 -72 1
/01
Page1 of 3 in:: n
8 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
< n'III<
i'-
«,< e a, o:i>4
5. LOAN CHARGES
If a law,which applies tothis loanand which setsmaximum loan charges, is finally
interpreted sothat theinterestor other
loan charges collected orto be collected inconnection with thisloan exceed the permitted limits,then: (a) such loan charge
any
shallbe reduced by the amount necessary to reduce the charge tothe permitted limit;and (b) sums collectedfrom
any already
me which exceeded permitted limitswillbe refunded to me. The Note Holder may choose tomake this refund the
by reducing
Principal I owe under thisNote or by making a directpayment tome. Ifa refund reduces Principal,the reduction willbe treated
as a partial
Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
Ifthe Note Holder has not receivedthe full amount of any monthly payment by the end offifteen calendar days
afterthe date itis due,I willpay a latecharge to theNote Holder. The amount ofthe charge will-be 2.000% of
my overdue payment of principaland interest.
I willpay this latecharge promptly but onlyonce on each latepayment.
(B) Default
IfI do not pay the fullamount of each monthly payment on the date itis due,Iwill be in default.
(C) Notice ofDefault
If Iam in default,the Note Holder may send me a written noticetellingme that ifI do not pay the overdue amount by a
certaindate, the Note Holder may require me to pay immediately the full amount of Principalwhich has not been paid and all
the interestthat1 owe on thatamount. That date must be at least30 days afterthe date on which the noticeis mailed to me or
deliveredby other means.
(D) No Waiver By Note Holder
Even if,at a time when I am indefault, the Note Holder does not require me to pay immediately in fullas described
above, the Note Holder willstillhave theright todo so ifI am indefault ata latertime.
(E) Payment of Note Holder's Costs and Expenses
If theNote Holder has required me to pay immediately in fullas described above, theNote Ifolder willhave the rightto
be paid back by me for allof itscostsand expenses inenforcing this Note to the extentnot prohibited by applicablelaw. Those
attorneys'
expenses include, forexample, reasonable fees.
7. GIVING OF NOTICES
Unless applicable law requires a differentmethod, any notice thatmust be given to me under thisNote willbe given by
delivering itor by mailing itby first
class mail tome at theProperty Address above or ata differentaddress ifI givethe Note
Holder a notice of my differentaddress.
Any notice that must be given to the Note Holder under this Note will be given by deliveringit orby mailing itby first
classmail to the Note Holder at theaddress stated inSection 3(A) above or at a differentaddress ifI am given a notice ofthat
differentaddress.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs thisNote, each person is fullyand personally obligatedto keep all ofthe promises made in
thisNote, includingthe promise topay the fullamount owed. Any person who isa guarantor, surety orendorser of thisNote is
also obligatedto do these things. Any person who takesover these obligations, includingthe obligations ofa guarantor, surety
or endorser of thisNote, is alsoobligated tokeep allof thepromises made inthisNote. The Note Holder may enforce itsrights
under thisNote against each person individuallyor againstallof us together. This means thatany one ofus may be requiredto
pay allof the amounts owed under thisNote.
9. WAIVERS
I and any other person who has obligations under thisNote waive the rightsof Presentment and Notice of Dishonor.
"Presentment" Dishonor"
means theright to requirethe Note Holder to demand payment of amounts due. "Notice of means the
right to requirethe Note Holder to give noticeto other persons thatamounts due have not been paid.
5300043162
Fon 32 3 /01
~ -5N(NYI tooos) Pege2 of 3 In.<
n
9 of 17
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
pet 1 ~ 1
I
I Se Mie a en'.vm
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variationsin some jurisdictions.Inaddition to the protectionsgiven tothe
Note Holder under thisNote, a Mortgage, Deed of Trust, orSecurity Deed (the "Security Instrument"), dated thesame dateas
thisNote, protectsthe Note Holder from possible losseswhich might result ifI do not keep the promises which 1make in this
Note. That SecurityInstrument describes how and under what conditions Imay be required to make immediate payment infull
of allamounts 1 owe under thisNote. Some ofthose conditions are described as follows:
Lender may require immediate payment in fullof allSums Secured by this Security Instrument ifallor
any part of the Property, or ifany right inthe Property, issold or transferredwithout Lender's priorwritten
permission. IfBorrower isnot a natural person and a beneficial interestin Borrower is sold or transferred
Lender'
without s priorwritten permission, Lender alsomay require immediate payment infull. However, this
option shallnot be exercised by Lender ifsuch exercise is prohibitedby Applicable Law.
IfLender requires immediate payment in fullunder thisSection 18, Lender will give me a notice which
statesthisrequirement. The noticewill give me at least30 days tomake the required payment. The 30-day
period will begin on the date the notice isgiven tome in the manner required by Section 15 ofthis Security
Instrument. If 1 do not make the required payment during thatperiod, Lender may act to enforce itsrights
under thisSecurity instrument without giving me any furthernotice or demand forpayment.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
~
Preview
FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ----------------------------------------------------------------X HSBC BANK USA, NATIONAL SUMMONS ASSOCIATION, AS TRUSTEE FOR NAAC 2007-2 Plaintiff vs INDEX #: RENEE C. SUPPE, ARROW FINANCIAL SERVICES, LLC APO GE MONEY BANK, ORIGINAL FILED WITH THE ASTORIA BANK F/K/A ASTORIA FEDERAL CLERK ON: SAVINGS & LOAN, NEW YORK CITY PARKING VIOLATIONS BUREAU MORTGAGED PREMISES: 43-09 21ST AVENUE JOHN DOE (Those unknown tenants, occupants, ASTORIA, NY 11105 persons or corporations or their heirs, BL #: 786 - 4 distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s) ----------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve a copy of your Answer on the Plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner 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 hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default ud ment ma be entered and ou can lose our home. 1 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Queens County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. DATED: gg, A(8 Sarah K Ésq/ Hyman, sq Gross Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Tel.: (716)204-1700 2 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------X HSBC BANK USA, NATIONAL COMPLAINT ASSOCIATION, AS TRUSTEE FOR NAAC 2007-2 Plaintiff vs INDEX #: RENEE C. SUPPE, ARROW FINANCIAL SERVICES, LLC APO GE MONEY BANK, ORIGINAL FILED WITH THE ASTORIA BANK F/K/A ASTORIA FEDERAL CLERK ON: SAVINGS & LOAN, NEW YORK CITY PARKING VIOLATIONS BUREAU MORTGAGED PREMISES: 43-09 21ST AVENUE JOHN DOE (Those unknown tenants, occupants, ASTORIA, NY 11105 persons or corporations or their heirs, BL #: 786 - 4 distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s) ----------------------------------------------------------------X The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s) alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION: 1. Plaintiff, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR NAAC 2007-2 is a national association organized and existing under the laws of the United States of America and the owner and holder of the subject note and mortgage or has been delegated authority to institute this mortgage foreclosure action by the owner and holder of the subject note and mortgage and has the right to foreclose. Attached here as Schedule A is an attorney certified copy of the original note. 2. On or about January 29, 2007, Renee C. Suppe executed and delivered a note whereby Renee C. Suppe promised to pay the sum of $120,000.00 plus interest on the unpaid amount due. 3. As security for the payment of the note Renee C. Suppe duly executed and delivered a mortgage, in the amount of $120,000.00 which was recorded as follows. 3 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 Recording Date: February 23, 2007 CRFN 2007000102146 City Register of the City of New York, Queens County The mortgage was subsequently assigned to HSBC Bank USA, National Association, as Trustee for NAAC 2007-2. 4. The mortgaged property is known as 43-09 21ST AVENUE, ASTORIA, NY 11105. The tax map designation is BLOCK 786, LOT 4. Plaintiff is foreclosing the land, buildings, and other improvements located on the property. The property is more fully described in Schedule B attached to this complaint. 5. Renee C. Suppe failed to comply with the conditions of the note and mortgage by not making the payment that was due on October 1, 2017 and subsequent payments. 6. There is now due and owing on the note and mortgage the following amounts: Principal Balance: $102,196.05 Interest Rate: 7.25% Date Interest Accrues from: September 1, 2017 Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing, inspections, posting of notices, maintenance and preservation of the property. 7. In order to protect the value of the property and its rights in the property, the Plaintiff may have to pay additional taxes, assessments, water charges, insurance premiums and other charges and the costs, allowances, expenses of sale, and reasonable attorney's fees for the foreclosure. Plaintiff requests that any amount it pays, together with interest, be included in the total amount due. 8. The defendant(s) may have an interest encumbering the property, which is either subordinate to Plaintiffs mortgage, or paid in full, equitably subordinated, or adverse to C" Plaintiffs mortgage. The interest of each defendant is set forth in "Schedule of this complaint. 9. The interest or lien of the United States of America, the State, City or local D" government entity is set forth in "Schedule of this complaint. 10. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and Proceedings Law, and the mortgage was originated in compliance with all provisions of section 595-a of the Banking Law and any rules or regulations promulgated there under, and, if applicable, sections 6-1 or 6-m of the Banking law. 11. No separate pending action was brought to recover any part of the mortgage debt or if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff to discontinue it. 4 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF HEREIN ALLEGES "1" "11" 12. Repeats and realleges the allegations contained in Paragraphs through as though fully set forth herein. 13. That the recorded mortgage, that is the subject of this action, accurately references the address of the property encumbered by the mortgage as: 43-09 21ST AVENUE, ASTORIA, NY 11105 14. That the Mortgage recorded on February 23, 2007 in CRFN 2007000102146 in the City Register of the City of New York, Queens County did not have the legal description affixed thereto. 15. Plaintiff hereby requests reformation of the Mortgage recorded on February 23, 2007 in CRFN 2007000102146 in the City Register of the City of New York, Queens County by Order of this Court as contained in a clause in the Order of Reference stating the following: ORDERED, that the legal description in the Mortgage recorded on February 23, 2007 in CRFN 2007000102146 in the City Register of the City of New York, Queens County is hereby reformed so that the property reads as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough and County of Queens, City and State of New York, known and designated as and by Lot No. 4, Block 30 as shown on Map of Steinway & Sons Property in Steinway, Borough of Queens, filed 11/12/1873 in the Office of the Clerk of County of Queens, Map No. 84 (old) 3392 (new), bounded and described as follows: BEGINNING at a point in the Northeasterly side of 21st Avenue (formerly Wolcott Avenue) distant 75 feet Southeasterly from point of intersection of said Northeasterly side of 21st Avenue with the Southeasterly side of 43rd Street (formerly Purdy Street); RUNNING THENCE Northeasterly parallel with 43rd Street and part of the distance through a party wall, 100 feet; THENCE Southeasterly parallel with 21st Avenue, 25 feet; THENCE Southwesterly and again parallel with 43rd Street, 100 feet to said Northeasterly side of 21st Avenue; THENCE Northwesterly along the said Northeasterly side of 21st Avenue, 25 feet to the point or place of BEGINNING. 5 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 WHEREFORE, PLAINTIFF DEMANDS: a. Judgment accelerating the maturity of the debt and determining the amount due Plaintiff for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest, pursuant to the terms of the Note and Mortgage. b. That the property be sold at auction to the highest bidder in accordance with the referee's terms of sale. c. That the interest of the defendant(s) and all persons claiming by or through them be foreclosed and their title,right, claim, lien, interest or equity of redemption to the property be forever extinguished. d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal, interest, late charges, taxes, assessments, insurance, securing, inspections, posting of notices, maintenance and preservation of the property, and other similar charges, together with court costs, allowances, expenses of sale, and reasonable attorney's fees, all with interest. e. That the property be sold in as is condition and subject to the facts an inspection or accurate survey of the property would disclose, covenants, restrictions, easements and public utility agreements of record, building and zoning ordinances and violations, and the equity of redemption of the United States of America. f. That Plaintiff may purchase the property at the sale. g. That a receiver be appointed for the property, if requested by Plaintiff. h. That a deficiency judgment against Renee C. Suppe, to the extent allowable by law, for the amount that remains due after distribution of the sale proceeds, unless the debt was discharged in a bankruptcy or is otherwise uncollectable, be granted if requested by Plaintiff. i. That if the Plaintiff possesses other liens against the property, they not merge with the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be allowed to share in any surplus proceeds resulting from the sale. j. Awarding the relief requested in the SECOND cause of action stated in this complaint. k. That the Court award Plaintiff additional relief that is just, equitable and proper. I Sarah K Iyman, Esq. ) Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 6 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 Schedule A Attached here as Schedule A is an attorney certified copy of the original note. If applicable, certain non-public personal information has been redacted from the attached document. 7 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 f (~ I NOTE UIlb&I January 29 , 2007 FAIRFAX VA [Datc] [Cityl lStatc] 43-09 21st Avenue, Astoria, NY 11105 [Property Address] L BORROWER'S PROMISE TO PAY . In returnfor a loanthat I have I promise to U.S. $ 120,000.00 (thisamount "Principal" is called received, pay "Principal"), plus to interest, theorder of the Lender. The Lender is First National Bank of Arizona I willmake allpayments under thisNote inthe form of cash, check or money order. I understand that the Lender may transferthisNote. The Lender or anyone who takes thisNote by transferand who is Holder." entitledto receivepayments under thisNote the is called "Note 2. INTEREST Interestwill be charged on unpaid principaluntilthe fullamount of Principal has been paid. I willpay interestat a yearly rateof 7 ,250%. 250c/o. The interest raterequired by thisSection 2 isthe rate I will pay both before and after any default describedinSection 6(B) of thisNote. 3. PAYMENTS (A) Time and Place of Payments I willpay principal and interestby making a payment every month. 1 willmake my monthly payment on the1st day ofeach month beginning on March 1, 2007 .I will make these payments every month untilIhave paidall ofthe principal and interestand any other charges describedbelow thatI may owe under thisNote. Each monthly payment will be applied as ofits scheduled due dateand will be appliedto interest before Principal.If,on February 1, 2037 , I still owe amounts under thisNote, I willpay thoseamounts in fullon Date." thatdate, which is calledthe "Maturity I willmake my monthly payments at P.O. BOX 62768 , PHOENIX, AZ 85085-2768 or at a different place ifrequiredby the Note Holder. (B) Amount of Monthly Payments My monthly payment will be inthe amount of U.S. $ 818. 62 4. BORROWER'S RIGHT TO PREPAY I have the rightto make payments of Principalat any time before they aredue. A payment of Principalonly isknown as a "Prepayment." When I make a Prepayment, I will tellthe Note Holder in writing that Iam doing so. Imay not designate a payment as a Prepayment ifI have notmade allthe monthly payments due under the Note. 1 may make a fullPrepayment or partialPrepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under thisNote. However, the Note Holder may apply my Prepayment to the accrued and unpaid intereston the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If Imake a partialPrepayinent, there will be no changes in the due date or inthe amount of my monthly payment unless theNote Holder agrees in writing tothose changes. 5300043162 NEW YORK FIXED RATE NOTE-Single Mae/Freddie Family-Fannie Mac UNIFORM INSTRUMENT © -SN(NY) (o005) VMPMORTGAGE Fo 33 FORMS- (B00)52 -72 1 /01 Page1 of 3 in:: n 8 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 < n'III< i'- «,< e a, o:i>4 5. LOAN CHARGES If a law,which applies tothis loanand which setsmaximum loan charges, is finally interpreted sothat theinterestor other loan charges collected orto be collected inconnection with thisloan exceed the permitted limits,then: (a) such loan charge any shallbe reduced by the amount necessary to reduce the charge tothe permitted limit;and (b) sums collectedfrom any already me which exceeded permitted limitswillbe refunded to me. The Note Holder may choose tomake this refund the by reducing Principal I owe under thisNote or by making a directpayment tome. Ifa refund reduces Principal,the reduction willbe treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Ifthe Note Holder has not receivedthe full amount of any monthly payment by the end offifteen calendar days afterthe date itis due,I willpay a latecharge to theNote Holder. The amount ofthe charge will-be 2.000% of my overdue payment of principaland interest. I willpay this latecharge promptly but onlyonce on each latepayment. (B) Default IfI do not pay the fullamount of each monthly payment on the date itis due,Iwill be in default. (C) Notice ofDefault If Iam in default,the Note Holder may send me a written noticetellingme that ifI do not pay the overdue amount by a certaindate, the Note Holder may require me to pay immediately the full amount of Principalwhich has not been paid and all the interestthat1 owe on thatamount. That date must be at least30 days afterthe date on which the noticeis mailed to me or deliveredby other means. (D) No Waiver By Note Holder Even if,at a time when I am indefault, the Note Holder does not require me to pay immediately in fullas described above, the Note Holder willstillhave theright todo so ifI am indefault ata latertime. (E) Payment of Note Holder's Costs and Expenses If theNote Holder has required me to pay immediately in fullas described above, theNote Ifolder willhave the rightto be paid back by me for allof itscostsand expenses inenforcing this Note to the extentnot prohibited by applicablelaw. Those attorneys' expenses include, forexample, reasonable fees. 7. GIVING OF NOTICES Unless applicable law requires a differentmethod, any notice thatmust be given to me under thisNote willbe given by delivering itor by mailing itby first class mail tome at theProperty Address above or ata differentaddress ifI givethe Note Holder a notice of my differentaddress. Any notice that must be given to the Note Holder under this Note will be given by deliveringit orby mailing itby first classmail to the Note Holder at theaddress stated inSection 3(A) above or at a differentaddress ifI am given a notice ofthat differentaddress. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs thisNote, each person is fullyand personally obligatedto keep all ofthe promises made in thisNote, includingthe promise topay the fullamount owed. Any person who isa guarantor, surety orendorser of thisNote is also obligatedto do these things. Any person who takesover these obligations, includingthe obligations ofa guarantor, surety or endorser of thisNote, is alsoobligated tokeep allof thepromises made inthisNote. The Note Holder may enforce itsrights under thisNote against each person individuallyor againstallof us together. This means thatany one ofus may be requiredto pay allof the amounts owed under thisNote. 9. WAIVERS I and any other person who has obligations under thisNote waive the rightsof Presentment and Notice of Dishonor. "Presentment" Dishonor" means theright to requirethe Note Holder to demand payment of amounts due. "Notice of means the right to requirethe Note Holder to give noticeto other persons thatamounts due have not been paid. 5300043162 Fon 32 3 /01 ~ -5N(NYI tooos) Pege2 of 3 In.< n 9 of 17 FILED: QUEENS COUNTY CLERK 03/09/2018 04:35 PM INDEX NO. 703678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 pet 1 ~ 1 I I Se Mie a en'.vm 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variationsin some jurisdictions.Inaddition to the protectionsgiven tothe Note Holder under thisNote, a Mortgage, Deed of Trust, orSecurity Deed (the "Security Instrument"), dated thesame dateas thisNote, protectsthe Note Holder from possible losseswhich might result ifI do not keep the promises which 1make in this Note. That SecurityInstrument describes how and under what conditions Imay be required to make immediate payment infull of allamounts 1 owe under thisNote. Some ofthose conditions are described as follows: Lender may require immediate payment in fullof allSums Secured by this Security Instrument ifallor any part of the Property, or ifany right inthe Property, issold or transferredwithout Lender's priorwritten permission. IfBorrower isnot a natural person and a beneficial interestin Borrower is sold or transferred Lender' without s priorwritten permission, Lender alsomay require immediate payment infull. However, this option shallnot be exercised by Lender ifsuch exercise is prohibitedby Applicable Law. IfLender requires immediate payment in fullunder thisSection 18, Lender will give me a notice which statesthisrequirement. The noticewill give me at least30 days tomake the required payment. The 30-day period will begin on the date the notice isgiven tome in the manner required by Section 15 ofthis Security Instrument. If 1 do not make the required payment during thatperiod, Lender may act to enforce itsrights under thisSecurity instrument without giving me any furthernotice or demand forpayment. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~