Preview
FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_______________________________________________-----------------X
WELLS FARGO BANK, NA SUMMONS
Plaintiff
vs
INDEX #:
TWILA TRICIA EVANSON, PEOPLE OF THE
STATE OF NEW YORK, EASTERN SERVICE ORIGINAL FILED WITH THE
CORPORATION, CITY REGISTER OF THE CLERK ON:
CITY OF NEW YORK, QUEENS COUNTY,
UNITED STATES OF AMERICA ACTING MORTGAGED PREMISES:
THROUGH THE SECRETARY OF HOUSING 142-15 110TH AVENUE
AND URBAN DEVELOPMENT, NEW YORK JAMAICA, NY 11435
STATE DEPARTMENT OF TAXATION AND
CRIMINAL COURT OF THE CITY BL #: 11928 - 109
FINANCE,
OF NEW YORK, ANA C. MONTALVO, NEW
Y ORK CITY PARKING VIOLATIONS
BUREAU, NEW YORK CITY TRANSIT
ADJUDICATION BUREAU,
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s)
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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 of service, or within thirty (30) days after completion of service
day
where service is made in other manner than personal within the State. The United States
any by delivery
of if designated as a Defendant in this action, may answer or appear within sixty (60) days of
America,
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
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If you do not respond to this summons and complaint by serving a copy
of the answer on the attorney for the mortgage company who filed this
foreclosure proceeding against you and filing the answer with the court, a
default judgment may be entered and vou can lose your home.
Speak to an attorney or go to the court where your case is pending for
further information on how to answer the summons and protect your
property.
Sending a payment to your mortgage company will not stop this
foreclosure action.
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:
cf (g Q(g
(
Sarah K Hyn an, Es
Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel,: (716)204-1700
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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WELLS FARGO BANK, NA COMPLAINT
Plaintiff
vs
INDEX #:
TWILA TRICIA EVANSON, PEOPLE OF THE
STATE OF NEW YORK, EASTERN SERVICE ORIGINAL FILED WITH THE
CORPORATION, CITY REGISTER OF THE CLERK ON:
CITY OF NEW YORK, QUEENS COUNTY,
UNITED STATES OF AMERICA ACTING MORTGAGED PREMISES:
THROUGH THE SECRETARY OF HOUSING 142-15 110TH AVENUE
AND URBAN DEVELOPMENT, NEW YORK JAMAICA, NY 11435
STATE DEPARTMENT OF TAXATION AND
CRIMINAL COURT OF THE CITY BL #: 11928 - 109
FINANCE,
OF NEW Y ORK, ANA C. MONTALVO, NEW
YORK CITY PARKING VlOLATIONS
BUREAU, NEW YORK CITY TRANSIT
ADJUDICATION BUREAU,
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s)
X
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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, WELLS FARGO BANK, NA is a national association organized and
under the laws of the United States of America and the owner and holder of the subject
existing
note and mortgage or has been delegated authority to institute this mortgage foreclosure action
the owner and holder of the subject note and mortgage and has the right to foreclose. Attached
by
here as Schedule A is an attorney certified copy of the original note.
2. On or about March 25, 2011, Twila Tricia Evanson executed and delivered a note
Twila Tricia Evanson promised to the sum of $321,634.00 plus interest on the
whereby pay
unpaid amount due. The terms of the note were subsequently modified on March 25, 2013.
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3. As security for the payment of the note Twila Tricia Evanson duly executed and
delivered a mortgage, in the amount of $321,634.00 which was recorded as follows.
Recording Date: April 8, 2011
CRFN 2011000128473
City Register of the City of New York, Queens County
The mortgage was subsequently assigned to Wells Fargo Bank, N.A..
Said Mortgage was subsequently modified by a Loan Modification Agreement executed
by Twila Tricia Evanson on March 25, 2013 and recorded October 22, 2013 in CRFN
2013000435025 in the City Register of the City of New York, Queens County.
4. The mortgaged property is known as 142-15 110TH AVENUE, JAMAICA, NY
11435. The tax map designation is BLOCK 11928, LOT 109. 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. Twila Tricia Evanson 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: $283,754.53
Interest Rate: 3.875%
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.
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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 itis the intent of
the Plaintiff to discontinue it.
AS AND FOR A SECOND CAUSE OF ACTION,
PLAINTIFF HEREIN ALLEGES:
"1"
12. Plaintiff repeats and re-alleges the allegations contained in Paragraphs
through "11", as though fully set forth herein.
13. Upon information and belief, allthe defendants herein have or may claim to have
an interest in or lien upon the mortgaged premises which is prior to or adverse to Plaintiffs
mortgage, or was paid, equitably subrogated, or subordinated to Plaintiff s mortgage. The reason
D"
for naming said defendants is set forth in Schedule "C and/or that is attached to this
complaint.
14. It appears from the public records that Eastern Service Corporation holds a lien
which is adverse to the Plaintiffs interest and which remains open of record as follows:
The City Register of the City of New York, Queens County has lien(s) on itsrecords held
by Eastern Service Corporation which appear(s) to be prior and adverse to the mortgage being
foreclosed:
Recording date: December 20, 1962
Book: 8098/Page: 13
City Register of the City of New York, Queens County
15. The interest of Plaintiff in the property is set forth in paragraph "1", above.
16. Upon information and belief, all of the defendants are known, and none of them
are infants, mentally retarded, mentally illor alcohol abusers.
17. Upon information and belief, there are no persons not in being or ascertained at
the commencement of this action who by any contingency contained in a devise or otherwise,
could afterward become entitled to a beneficial estate or interest in the property involved in this
action, and judgment rendered herein will not and may not affect any such person not in
any
being or not ascertained at the time of the commencement of this action.
18. The of Eastern Service Corporation appear(s) to be prior and
lien(s) Defendant(s)
adverse to the mortgage foreclosed and is/are subject to extinguished as they pertain
being being
to the subject pursuant to Article 15 of the Real Actions and Proceedings Law.
property Property
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19. Plaintiff hereby requests that the Order of Reference state the following:
ORDERED, ADJUDGED AND DECREED, that the lien(s) which appear(s) to be prior
and adverse to the mortgage being foreclosed, namely the lien of Defendant(s) Eastern Service
Corporation, is/are hereby extinguished as they pertain to the subject property pursuant to
RPAPL Article 15; and it isfurther
ORDERED, ADJUDGED AND DECREED, that all Defendant(s) and all persons or
entities claiming by, through or under them, be and are hereby forever barred and foreclosed of
and from all right, claim, lien, interest or equity of redemption in and to said mortgaged
premises; and itis further
ORDERED, ADJUDGED AND DECREED, that the record be reformed to reflect that
the lien(s) of Defendant(s) Eastern Service Corporation is/are extinguished as they pertain to the
subject property;
ORDERED, ADJUDGED AND DECREED, that the City Register of the City of New
York, Queens County upon the payment of its requisite fees, shall record and index a certified
copy of this Order/Judgment in the same manner as the lien being extinguished; and itis further
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 be sold in as is condition and subject to the facts an inspection
property
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.
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h. That a deficiency judgment against Twila Tricia Evanson, 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 ifthe 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. That Eastern Service Corporation interest in the mortgaged premises, and all
persons or entities claiming by, through or under them, be extinguished as it
pertains to the subject property, and that Eastern Service Corporation and all
persons or entities claiming by, through or under them, be barred and foreclosed
of and from all right, claim, lien, interest or equity or redemption in and to said
mortgaged premises and that the Plaintiff be granted refonnation of the record to
reflect said lien being extinguished.
k. Awarding the relief requested in the SECOND cause of action stated in this
complaint.
1. That the Court award Plaintiff additional relief that isjust. equitable and proper.
/Sarah K Hyman, sq.\
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
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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.
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l
1
MIN· . Nu)nbc.)-
Loan .."'
Ntunb .
NOTE
FHA Case No
MARCH 2 5 , 2011 EAST MEADOW Ill"
NEW YORK
fDatc) [City] s e
142-15— 13 OTH AVENUE, JAMAICA, NEW YORK 11435
[Property Address)
1. PARTIES
"Borrower" i'I'
Bc>i <'owcl
"Lender"
me:u;sisl each
pe1son signn i:.(II<.'
c exd of h Nex and the
.ll>«I poson s succmon :uni Mpas_
"I~der"
means CCNTOUR MORTGAGE .".CORPORAC ON, A NEW YOR K CORPORJ\ T J ON
and
,ill1,
~ "..:! i:...','.".N,
AN 1MCC
.', > l..'/
...I T1 i I i;
i~ I't'!
I I!:, ''
>>'q,I
00/ 1011 I)ollars
(U.S.
.S.5 (..' '=' . ".''.)
.:,
1" 1~!!, '..;".'..'.'
plus m the orde:
interest of I ende: h ~)n I'1'I)'
! '.:!::.:,"."..':..
1';.ll
1:."i'r! i<
>pa>>dI rivind from ilc'II:i) i'iii
n < 1 .!i.:)'.i.=«:>:c:»:»
.!1i.:>'>
1'in'-."1
=..>
<).'
rat«u' '"
.''.' '
theloan jnoceeds by Len der , at the
rateu . ".
'-:".!.[.."
Af; '..'-'-'/;
0>'0 ')<'1'
;>«i nt
( 5 . 000 C per yearuntil thefuH amount ofprincipa hasheen paid
3. PROMlSE TO PAY SECURED
'u.'
Borrowers pionuse topay is scc'
sect:ed L :tpge, seed m :rastursmlai seem ityhisuumat tha atni
the same date as this
Note called the Instrument."
and "SecurityI>is(rcu>)c>)t.
The Security Instnnnent protectsthe Lender from
losseswhich might resultifBorrower defaultsunder thisNote.
4. MANNER OF PAYMENT
(A) lime
I
Borrowershall make a payment ofprincipaland interesttoLender on the1st day of each month beginning
on MAY 1, 2011 . Any principaland interest on the 1st of
remaining day
'I 2041 Date."
APRIL, , willbe due on thatdate, which is calledthe"Maturity Date.
(B) Place
Payment shallbe made at 1900 HEMPSTEAD TURNPIKE SUITE 2 06 , EAST
MEADOW, NEW YORK 11554
, orat such otherplace
as Lendermay designatein writing by noticeto Borrower.
(C) Amount
Each monthly payment ofprincipal and interest
will be inthe amount of U.S. $ 1, 72 6 . 60
This amount willbe partof a largermonthly payment required by the SecurityInstrument, that shallbe applied to
principal,interest
and other items inthe order describedin theSecurity Instrument.
(D) Allongeto this Note for Payment A4iustments
Ifanallongeproviding forpayment adjustments is executedby Borrowertogether withthis Note, thecovenants
ofthe allongeshallbe incorporatedintoand shallamend and supplement the covenantsof thisNote as ifthe allonge
were a partof thisNote.
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9 of 21
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Growing Equity AHonge
I,
'Qj Graduated Payment Allonge
O Other jspecify]:
5. BORROWER'S RIGHT TO PREPAY
Borrower has therightto paythe debt evidenced thisNote, in whole or inpart, without or.
by charge or penalty,
on the first
day of any month. Leader shallaccept prepayment on otherdays provided thatBorrower pays interest
on theamount prepaid fortheremainder ofthe month to the extentrequired Lender and permitted
I' by by regulations
of theSecretary. IfBorrower makes a partial
prepayment, therewillbe no changes inthe duedate or in the amount
of themonthly payment unless Lender agrees inwriting tothose changes.
I
6. BORROWER'S FAILURE TO PAY
(A) Late Charge forOverdue Payments
If Lender has not received thefullmonthly payment required by the as described in
ol' Security Instrurnent,
Paragraph 4(C) of thisNote. by theend offifteencalendar days afterthepayment is due,Lender collecta hue
may
charge inthe amount of FOUR AND 000 / I 000 percent I.i
6c . 000
( %)
of theoverdue amount of each payment.
(5)$Èfault
If m
TL s. ~ dM·s
lf«i,l . rv fn!!
.a:Iiii'
ny w pay 111fn!!:m, !:» Mid, M
.r on'
«!: ih I ndo m:n ' !»
regulaimus ofthe Set retmym Ihe use of payinentdef aults e()i!i!!.'
tequireimmediate paymem i[«'
f un of
in the I docipa!
há|.mee
i emainingdue and :dlaccrued intelest I endermay '1«!(~s<'nm
choose toexezch thisoption whhom wWh »; » ': if
the eventof any subsequent default in many circumstances,reguhuions 1ssued by
.,i!I:i]i regulations. w!my" ':.~ !:;.'
0 by As used in thisN le. Sec i«:„;v
i;iiymem the Sem '.s'!'
I:.is «
Urban Development orhis orher designee.
(C) Payrnent ofCosts and
.'1»
Preview
FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _______________________________________________-----------------X WELLS FARGO BANK, NA SUMMONS Plaintiff vs INDEX #: TWILA TRICIA EVANSON, PEOPLE OF THE STATE OF NEW YORK, EASTERN SERVICE ORIGINAL FILED WITH THE CORPORATION, CITY REGISTER OF THE CLERK ON: CITY OF NEW YORK, QUEENS COUNTY, UNITED STATES OF AMERICA ACTING MORTGAGED PREMISES: THROUGH THE SECRETARY OF HOUSING 142-15 110TH AVENUE AND URBAN DEVELOPMENT, NEW YORK JAMAICA, NY 11435 STATE DEPARTMENT OF TAXATION AND CRIMINAL COURT OF THE CITY BL #: 11928 - 109 FINANCE, OF NEW YORK, ANA C. MONTALVO, NEW Y ORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, 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 of service, or within thirty (30) days after completion of service day where service is made in other manner than personal within the State. The United States any by delivery of if designated as a Defendant in this action, may answer or appear within sixty (60) days of America, 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 1 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and vou can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. 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: cf (g Q(g ( Sarah K Hyn an, Es Gross Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Tel,: (716)204-1700 2 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS —-— —- —--- —----- —--------- —----- —-- —------- —--- —X ----------------------------------------------------------------X WELLS FARGO BANK, NA COMPLAINT Plaintiff vs INDEX #: TWILA TRICIA EVANSON, PEOPLE OF THE STATE OF NEW YORK, EASTERN SERVICE ORIGINAL FILED WITH THE CORPORATION, CITY REGISTER OF THE CLERK ON: CITY OF NEW YORK, QUEENS COUNTY, UNITED STATES OF AMERICA ACTING MORTGAGED PREMISES: THROUGH THE SECRETARY OF HOUSING 142-15 110TH AVENUE AND URBAN DEVELOPMENT, NEW YORK JAMAICA, NY 11435 STATE DEPARTMENT OF TAXATION AND CRIMINAL COURT OF THE CITY BL #: 11928 - 109 FINANCE, OF NEW Y ORK, ANA C. MONTALVO, NEW YORK CITY PARKING VlOLATIONS BUREAU, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s) X ----------------------------------------------------------------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, WELLS FARGO BANK, NA is a national association organized and under the laws of the United States of America and the owner and holder of the subject existing note and mortgage or has been delegated authority to institute this mortgage foreclosure action the owner and holder of the subject note and mortgage and has the right to foreclose. Attached by here as Schedule A is an attorney certified copy of the original note. 2. On or about March 25, 2011, Twila Tricia Evanson executed and delivered a note Twila Tricia Evanson promised to the sum of $321,634.00 plus interest on the whereby pay unpaid amount due. The terms of the note were subsequently modified on March 25, 2013. 3 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 3. As security for the payment of the note Twila Tricia Evanson duly executed and delivered a mortgage, in the amount of $321,634.00 which was recorded as follows. Recording Date: April 8, 2011 CRFN 2011000128473 City Register of the City of New York, Queens County The mortgage was subsequently assigned to Wells Fargo Bank, N.A.. Said Mortgage was subsequently modified by a Loan Modification Agreement executed by Twila Tricia Evanson on March 25, 2013 and recorded October 22, 2013 in CRFN 2013000435025 in the City Register of the City of New York, Queens County. 4. The mortgaged property is known as 142-15 110TH AVENUE, JAMAICA, NY 11435. The tax map designation is BLOCK 11928, LOT 109. 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. Twila Tricia Evanson 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: $283,754.53 Interest Rate: 3.875% 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. 4 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 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 itis the intent of the Plaintiff to discontinue it. AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF HEREIN ALLEGES: "1" 12. Plaintiff repeats and re-alleges the allegations contained in Paragraphs through "11", as though fully set forth herein. 13. Upon information and belief, allthe defendants herein have or may claim to have an interest in or lien upon the mortgaged premises which is prior to or adverse to Plaintiffs mortgage, or was paid, equitably subrogated, or subordinated to Plaintiff s mortgage. The reason D" for naming said defendants is set forth in Schedule "C and/or that is attached to this complaint. 14. It appears from the public records that Eastern Service Corporation holds a lien which is adverse to the Plaintiffs interest and which remains open of record as follows: The City Register of the City of New York, Queens County has lien(s) on itsrecords held by Eastern Service Corporation which appear(s) to be prior and adverse to the mortgage being foreclosed: Recording date: December 20, 1962 Book: 8098/Page: 13 City Register of the City of New York, Queens County 15. The interest of Plaintiff in the property is set forth in paragraph "1", above. 16. Upon information and belief, all of the defendants are known, and none of them are infants, mentally retarded, mentally illor alcohol abusers. 17. Upon information and belief, there are no persons not in being or ascertained at the commencement of this action who by any contingency contained in a devise or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved in this action, and judgment rendered herein will not and may not affect any such person not in any being or not ascertained at the time of the commencement of this action. 18. The of Eastern Service Corporation appear(s) to be prior and lien(s) Defendant(s) adverse to the mortgage foreclosed and is/are subject to extinguished as they pertain being being to the subject pursuant to Article 15 of the Real Actions and Proceedings Law. property Property 5 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 19. Plaintiff hereby requests that the Order of Reference state the following: ORDERED, ADJUDGED AND DECREED, that the lien(s) which appear(s) to be prior and adverse to the mortgage being foreclosed, namely the lien of Defendant(s) Eastern Service Corporation, is/are hereby extinguished as they pertain to the subject property pursuant to RPAPL Article 15; and it isfurther ORDERED, ADJUDGED AND DECREED, that all Defendant(s) and all persons or entities claiming by, through or under them, be and are hereby forever barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; and itis further ORDERED, ADJUDGED AND DECREED, that the record be reformed to reflect that the lien(s) of Defendant(s) Eastern Service Corporation is/are extinguished as they pertain to the subject property; ORDERED, ADJUDGED AND DECREED, that the City Register of the City of New York, Queens County upon the payment of its requisite fees, shall record and index a certified copy of this Order/Judgment in the same manner as the lien being extinguished; and itis further 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 be sold in as is condition and subject to the facts an inspection property 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. 6 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 h. That a deficiency judgment against Twila Tricia Evanson, 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 ifthe 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. That Eastern Service Corporation interest in the mortgaged premises, and all persons or entities claiming by, through or under them, be extinguished as it pertains to the subject property, and that Eastern Service Corporation and all persons or entities claiming by, through or under them, be barred and foreclosed of and from all right, claim, lien, interest or equity or redemption in and to said mortgaged premises and that the Plaintiff be granted refonnation of the record to reflect said lien being extinguished. k. Awarding the relief requested in the SECOND cause of action stated in this complaint. 1. That the Court award Plaintiff additional relief that isjust. equitable and proper. /Sarah K Hyman, sq.\ Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 7 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 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. 8 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 l 1 MIN· . Nu)nbc.)- Loan .."' Ntunb . NOTE FHA Case No MARCH 2 5 , 2011 EAST MEADOW Ill" NEW YORK fDatc) [City] s e 142-15— 13 OTH AVENUE, JAMAICA, NEW YORK 11435 [Property Address) 1. PARTIES "Borrower" i'I' Bc>i <'owcl "Lender" me:u;sisl each pe1son signn i:.(II<.' c exd of h Nex and the .ll>«I poson s succmon :uni Mpas_ "I~der" means CCNTOUR MORTGAGE .".CORPORAC ON, A NEW YOR K CORPORJ\ T J ON and ,ill1, ~ "..:! i:...','.".N, AN 1MCC .', > l..'/ ...I T1 i I i; i~ I't'! I I!:, '' >>'q,I 00/ 1011 I)ollars (U.S. .S.5 (..' '=' . ".''.) .:, 1" 1~!!, '..;".'..'.' plus m the orde: interest of I ende: h ~)n I'1'I)' ! '.:!::.:,"."..':.. 1';.ll 1:."i'r! i< >pa>>dI rivind from ilc'II:i) i'iii n < 1 .!i.:)'.i.=«:>:c:»:» .!1i.:>'> 1'in'-."1 =..> <).' rat«u' '" .''.' ' theloan jnoceeds by Len der , at the rateu . ". '-:".!.[.." Af; '..'-'-'/; 0>'0 ')<'1' ;>«i nt ( 5 . 000 C per yearuntil thefuH amount ofprincipa hasheen paid 3. PROMlSE TO PAY SECURED 'u.' Borrowers pionuse topay is scc' sect:ed L :tpge, seed m :rastursmlai seem ityhisuumat tha atni the same date as this Note called the Instrument." and "SecurityI>is(rcu>)c>)t. The Security Instnnnent protectsthe Lender from losseswhich might resultifBorrower defaultsunder thisNote. 4. MANNER OF PAYMENT (A) lime I Borrowershall make a payment ofprincipaland interesttoLender on the1st day of each month beginning on MAY 1, 2011 . Any principaland interest on the 1st of remaining day 'I 2041 Date." APRIL, , willbe due on thatdate, which is calledthe"Maturity Date. (B) Place Payment shallbe made at 1900 HEMPSTEAD TURNPIKE SUITE 2 06 , EAST MEADOW, NEW YORK 11554 , orat such otherplace as Lendermay designatein writing by noticeto Borrower. (C) Amount Each monthly payment ofprincipal and interest will be inthe amount of U.S. $ 1, 72 6 . 60 This amount willbe partof a largermonthly payment required by the SecurityInstrument, that shallbe applied to principal,interest and other items inthe order describedin theSecurity Instrument. (D) Allongeto this Note for Payment A4iustments Ifanallongeproviding forpayment adjustments is executedby Borrowertogether withthis Note, thecovenants ofthe allongeshallbe incorporatedintoand shallamend and supplement the covenantsof thisNote as ifthe allonge were a partof thisNote. MULTISTATE - FHA FlXED RATE NOTE DocMagic 67tg JMt@$ USFHA.NTE 09125/09 09QSO9 Page 1»t Paye 1 <)( 3 c>oc>)>agic www. eben>anic eerw ccorn ern I <>-/ha &Os w n~ ~ 9 of 21 FILED: QUEENS COUNTY CLERK 03/07/2018 02:56 PM INDEX NO. 703504/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 (Check applicablebox.) Growing Equity AHonge I, 'Qj Graduated Payment Allonge O Other jspecify]: 5. BORROWER'S RIGHT TO PREPAY Borrower has therightto paythe debt evidenced thisNote, in whole or inpart, without or. by charge or penalty, on the first day of any month. Leader shallaccept prepayment on otherdays provided thatBorrower pays interest on theamount prepaid fortheremainder ofthe month to the extentrequired Lender and permitted I' by by regulations of theSecretary. IfBorrower makes a partial prepayment, therewillbe no changes inthe duedate or in the amount of themonthly payment unless Lender agrees inwriting tothose changes. I 6. BORROWER'S FAILURE TO PAY (A) Late Charge forOverdue Payments If Lender has not received thefullmonthly payment required by the as described in ol' Security Instrurnent, Paragraph 4(C) of thisNote. by theend offifteencalendar days afterthepayment is due,Lender collecta hue may charge inthe amount of FOUR AND 000 / I 000 percent I.i 6c . 000 ( %) of theoverdue amount of each payment. (5)$Èfault If m TL s. ~ dM·s lf«i,l . rv fn!! .a:Iiii' ny w pay 111fn!!:m, !:» Mid, M .r on' «!: ih I ndo m:n ' !» regulaimus ofthe Set retmym Ihe use of payinentdef aults e()i!i!!.' tequireimmediate paymem i[«' f un of in the I docipa! há|.mee i emainingdue and :dlaccrued intelest I endermay '1«!(~s<'nm choose toexezch thisoption whhom wWh »; » ': if the eventof any subsequent default in many circumstances,reguhuions 1ssued by .,i!I:i]i regulations. w!my" ':.~ !:;.' 0 by As used in thisN le. Sec i«:„;v i;iiymem the Sem '.s'!' I:.is « Urban Development orhis orher designee. (C) Payrnent ofCosts and .'1»