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FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
MORTGAGE FORECLOSURE
Federal National Mortgage Association ("Fannie Mae"), a COMPLAINT
corporation organized and existing under the laws of the
United States of America, Index No. _______________
Plaintiff, Date Filed:______________
-against-
Steven R. Conklin a/k/a Steven Conklin, “JOHN DOE”, said
name being fictitious, it being the intention of Plaintiff to
designate any and all occupants of premises being foreclosed
herein, and any parties, corporations or entities, if any,
having or claiming an interest or lien upon the mortgaged
premises,
Defendants.
The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the
defendants above named, and for its cause of action, alleges that:
First: The Plaintiff herein, at all times hereinafter mentioned was and
still is a duly authorized Corporation or Association and having an office at c/o 14523 SW
Millikan Way, Suite 200, Beaverton, Oregon 97005.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants set forth in Schedule "A" reside or have a place
of business at the address set forth therein and are made defendants in this action in the
capacities therein alleged and for the purpose of foreclosing and extinguishing any other right,
title or interest said defendants may have in the subject premises.
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Third: The United States of America, The People of the State of New
York, The State Tax Commission of the State of New York, the Industrial Commissioner of the
State of New York and all other agencies or instrumentalities of the Federal, State or local
government (by whatever name designated) if made parties to this action and if appearing in
Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for
no other reason.
Fourth: Heretofore, the defendant(s), Steven R. Conklin, for the purpose
of securing to Seterus Inc., Loan Servicer for Federal National Mortgage Association, its
successors and assigns, the sum of $83,182.72, duly made a certain bond, note, consolidation,
extension, modification, recasting, or assumption agreement, as the case may be, wherein and
whereby they bound themselves, their heirs, executors, administrators and assigns, and each and
every one of them, jointly and severally, in the amount of said sum of money, all as more fully
appears together with the terms of repayment of said sum or rights of Seterus Inc., Loan Servicer
for Federal National Mortgage Association, its successors and assigns, in said bond, note or other
instrument, a copy of which is attached hereto and made a part hereof.
Fifth: As security for the payment of said indebtedness, a
consolidation, extension and/or modification agreement was executed, acknowledged and
delivered to Seterus Inc., Loan Servicer for Federal National Mortgage Association, wherein and
whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold
to the mortgagee, its successors and assigns, the premises more particularly described therein,
hereinafter called "mortgaged premises", under certain conditions with rights, duties and
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privileges between or among them as more fully appears in said consolidation, extension and/or
modification agreement, a copy of which is attached hereto and made a part hereof. Said Loan
Modification (hereinafter “the Mortgage”) modified the mortgage(s) referred to in Schedule "D"
hereof to form a single first mortgage lien in the sum of $83,182.72.
Sixth: The Plaintiff is the current 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. If Plaintiff is not the original owner
and holder of the subject note and mortgage then information regarding the chain of title will be
contained in Schedule "D".
Seventh: The said mortgages were duly recorded and the mortgage tax
due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the
place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to
the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale.
Eighth: The defendant(s), Steven R. Conklin, so named, have failed and
neglected to comply with the conditions of said mortgage, bond or note by omitting and failing
to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance
premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does
hereby elect to call due the entire amount presently secured by the mortgage described in
paragraph "FIFTH" hereof.
Ninth: Heretofore and prior to the commencement of this action, part
of the original principal sum may have been paid to apply on said indebtedness and there remains
due the amount set forth in Schedule "C".
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Tenth: In order to protect its security, the plaintiff has paid, or will pay,
as may be compelled during the pendency of this action, local taxes, assessments, water rates,
insurance premiums, inspections and other charges affecting the mortgaged premises, and the
plaintiff requests that any sums thus paid by it for said purposes (together with interests thereon)
should be added to the sum otherwise due and be deemed secured by the said mortgage and be
adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be
determined by the Court.
Eleventh: The defendants herein have, or claim to have, some interest in
or lien upon, said mortgaged premises or some part thereof, which interest or lien, if any, has
accrued subsequent to, has been paid, or is otherwise subordinate to, the lien of plaintiff's
mortgage.
Twelfth: There are no pending proceedings at law or otherwise to collect
or enforce said bond/note and mortgage and there is no other action pending which has been
brought to recover said mortgage debt or any part thereof.
Thirteenth: The Schedules, Exhibits and other items attached to this Complaint
are expressly incorporated and made a part of this Complaint for all purposes with the same force
and effect as if they were completely and fully set forth herein wherever reference has been made
to each or any of them.
Fourteenth: By reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting
agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late
charges, and interest, the amount of which will be determined by the Court.
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Fifteenth: The mortgage provides that, in the case of foreclosure, the
mortgaged premises may be sold in one parcel.
Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released
or changed the election hereinbefore made by reason of the payment or performance, after the
date of the commencement of this action, of any or all of the defaults mentioned herein; and such
election shall continue and remain effective until the costs and disbursements of this action, and
all present and future defaults under the Note and Mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may
be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as
a result of this action will be used for that purpose.
Eighteenth: If the subject note and mortgage fall within the prescribed
definition of a subprime home loan or high-cost home loan as identified under section six-l or
six-m of the New York State Banking Law, then Plaintiff has complied with all the provisions of
section five-hundred ninety-five of the New York State Banking Law and any rules and
regulations promulgated thereunder, section six-l or six-m of the New York State Banking Law
and section thirteen hundred four of New York State Real Property Actions and Proceedings
Law (RPAPL).
Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, by
filing the form required by the superintendent of financial services within three business days of
mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the
New York State Department of Financial Services f/k/a New York State Banking Department; a
copy of the Proof of Filing Statement is attached hereto and made a part hereof.
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Twentieth: To the extent the original obligation was discharged in bankruptcy
under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a
debt or to impose personal liability for such obligation. However, the secured party retains all
rights, and hereby exercises its right to foreclose its lien, under its security instrument.
WHEREFORE, plaintiff demands judgment:
(a) Adjudging and decreeing the amounts due the plaintiff for principal, interest,
costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
(b) That the defendants and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
corporation whose right, title conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of
redemption in and to said mortgaged premises;
(c) That the said mortgaged premises, or such part thereof as may be necessary to
raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold according
to law;
(d) That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts then due on said bond/note and mortgage and any sum which may have been paid by the
plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said
amounts from the dates of the respective payments and advances thereof, the costs and expenses
of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in
the mortgage, rider or other agreement, so far as the amount of such money properly applicable
thereto will pay the same;
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SCHEDULE A – DEFENDANTS
DEFENDANTS CAPACITY
Steven R. Conklin Owner of record and Obligor by virtue of the
a/k/a Steven Conklin Consolidation and/or Modification Agreement
30 Spas Drive referred to in Schedule D attached hereto.
Springville, NY 14141
“JOHN DOE” Said name being fictitious, it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
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SCHEDULE B – DEFENDANTS
NONE
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SCHEDULE C
MORTGAGE INFORMATION
1. Original Amount of Bond/Note/
Consolidation or Modification Agreement $83,182.72
2. Last installment due and paid March 1, 2017
3. Date of first unpaid installment/
default date April 1, 2017
AMOUNT DUE
4. Principal balance owing $83,127.53
5. *Interest @ 7.5%
from March 1, 2017 To Be Calculated at Judgment
6. Late charges as per the terms of the Note To Be Calculated at Judgment
7. Taxes Advanced by Plaintiff To Be Calculated at Judgment
8. Escrow Advances To Be Calculated at Judgment
* Interest will continue to accrue at the contract bond/note/loan agreement rate, until a
Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at
which time the interest rate will be calculated at the legal rate of 9.00%.
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SCHEDULE D
The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated
January 3, 2017, executed by Steven R. Conklin, as Mortgagor(s) to Seterus Inc., Loan Servicer
for Federal National Mortgage Association, to secure the sum of $83,182.72.
The foregoing instrument consolidated and/or modified the following mortgage(s): The
Mortgage given by Steven R. Conklin and Anna R. Conklin, now deceased to Devere Capital
Corporation to secure the sum of $100,785.00 dated August 4, 1999 and recorded on August 4,
1999 in Book 12849, page 8857. The Note and Mortgage were transferred to Crestar Mortgage
Corporation and said transfer was memorialized by an Assignment of Mortgage dated August 4,
1999 and recorded on August 4, 1999 in Book 12849, page 8897. The Note and Mortgage were
subsequently transferred to Fleet Mortgage Corp., and said transfer was memorialized by an
Assignment of Mortgage dated March 1, 2000 and recorded on April 10, 2000 in Book 12877,
page 7449. The Note and Mortgage were subsequently transferred to JPMorgan Chase Bank,
National Association and said transfer was memorialized by an Assignment of Mortgage dated
January 6, 2015 and recorded on January 22, 2015 in Book 13709, page 4485. The Note and
Mortgage were subsequently transferred to Federal National Mortgage Association and said
transfer was memorialized by an Assignment of Mortgage dated May 14, 2015 and recorded on
December 14, 2015 in Book 13748, page 7333.
In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
assign, and was delivered to Plaintiff prior to the commencement of this action.
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FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE MORTGAGE FORECLOSURE Federal National Mortgage Association ("Fannie Mae"), a COMPLAINT corporation organized and existing under the laws of the United States of America, Index No. _______________ Plaintiff, Date Filed:______________ -against- Steven R. Conklin a/k/a Steven Conklin, “JOHN DOE”, said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office at c/o 14523 SW Millikan Way, Suite 200, Beaverton, Oregon 97005. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants set forth in Schedule "A" reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. 16-057391 Mortgage Foreclosure Complaint Page 1 of 8 1 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 Third: The United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York and all other agencies or instrumentalities of the Federal, State or local government (by whatever name designated) if made parties to this action and if appearing in Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for no other reason. Fourth: Heretofore, the defendant(s), Steven R. Conklin, for the purpose of securing to Seterus Inc., Loan Servicer for Federal National Mortgage Association, its successors and assigns, the sum of $83,182.72, duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of Seterus Inc., Loan Servicer for Federal National Mortgage Association, its successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: As security for the payment of said indebtedness, a consolidation, extension and/or modification agreement was executed, acknowledged and delivered to Seterus Inc., Loan Servicer for Federal National Mortgage Association, wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, hereinafter called "mortgaged premises", under certain conditions with rights, duties and 16-057391 Mortgage Foreclosure Complaint Page 2 of 8 2 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 privileges between or among them as more fully appears in said consolidation, extension and/or modification agreement, a copy of which is attached hereto and made a part hereof. Said Loan Modification (hereinafter “the Mortgage”) modified the mortgage(s) referred to in Schedule "D" hereof to form a single first mortgage lien in the sum of $83,182.72. Sixth: The Plaintiff is the current 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. If Plaintiff is not the original owner and holder of the subject note and mortgage then information regarding the chain of title will be contained in Schedule "D". Seventh: The said mortgages were duly recorded and the mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale. Eighth: The defendant(s), Steven R. Conklin, so named, have failed and neglected to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH" hereof. Ninth: Heretofore and prior to the commencement of this action, part of the original principal sum may have been paid to apply on said indebtedness and there remains due the amount set forth in Schedule "C". 16-057391 Mortgage Foreclosure Complaint Page 3 of 8 3 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be compelled during the pendency of this action, local taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes (together with interests thereon) should be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be determined by the Court. Eleventh: The defendants herein have, or claim to have, some interest in or lien upon, said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to, has been paid, or is otherwise subordinate to, the lien of plaintiff's mortgage. Twelfth: There are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage and there is no other action pending which has been brought to recover said mortgage debt or any part thereof. Thirteenth: The Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of this Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. Fourteenth: By reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late charges, and interest, the amount of which will be determined by the Court. 16-057391 Mortgage Foreclosure Complaint Page 4 of 8 4 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 Fifteenth: The mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid and cured. Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a result of this action will be used for that purpose. Eighteenth: If the subject note and mortgage fall within the prescribed definition of a subprime home loan or high-cost home loan as identified under section six-l or six-m of the New York State Banking Law, then Plaintiff has complied with all the provisions of section five-hundred ninety-five of the New York State Banking Law and any rules and regulations promulgated thereunder, section six-l or six-m of the New York State Banking Law and section thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL). Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, by filing the form required by the superintendent of financial services within three business days of mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the New York State Department of Financial Services f/k/a New York State Banking Department; a copy of the Proof of Filing Statement is attached hereto and made a part hereof. 16-057391 Mortgage Foreclosure Complaint Page 5 of 8 5 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 Twentieth: To the extent the original obligation was discharged in bankruptcy under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, the secured party retains all rights, and hereby exercises its right to foreclose its lien, under its security instrument. WHEREFORE, plaintiff demands judgment: (a) Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs, and reasonable attorney's fees, if and as provided for in the said mortgage; (b) That the defendants and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of redemption in and to said mortgaged premises; (c) That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; (d) That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts then due on said bond/note and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in the mortgage, rider or other agreement, so far as the amount of such money properly applicable thereto will pay the same; 16-057391 Mortgage Foreclosure Complaint Page 6 of 8 6 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 7 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 SCHEDULE A – DEFENDANTS DEFENDANTS CAPACITY Steven R. Conklin Owner of record and Obligor by virtue of the a/k/a Steven Conklin Consolidation and/or Modification Agreement 30 Spas Drive referred to in Schedule D attached hereto. Springville, NY 14141 “JOHN DOE” Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 16-057391 8 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 SCHEDULE B – DEFENDANTS NONE 16-057391 9 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 SCHEDULE C MORTGAGE INFORMATION 1. Original Amount of Bond/Note/ Consolidation or Modification Agreement $83,182.72 2. Last installment due and paid March 1, 2017 3. Date of first unpaid installment/ default date April 1, 2017 AMOUNT DUE 4. Principal balance owing $83,127.53 5. *Interest @ 7.5% from March 1, 2017 To Be Calculated at Judgment 6. Late charges as per the terms of the Note To Be Calculated at Judgment 7. Taxes Advanced by Plaintiff To Be Calculated at Judgment 8. Escrow Advances To Be Calculated at Judgment * Interest will continue to accrue at the contract bond/note/loan agreement rate, until a Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate of 9.00%. 16-057391 10 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/27/2017 SCHEDULE D The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated January 3, 2017, executed by Steven R. Conklin, as Mortgagor(s) to Seterus Inc., Loan Servicer for Federal National Mortgage Association, to secure the sum of $83,182.72. The foregoing instrument consolidated and/or modified the following mortgage(s): The Mortgage given by Steven R. Conklin and Anna R. Conklin, now deceased to Devere Capital Corporation to secure the sum of $100,785.00 dated August 4, 1999 and recorded on August 4, 1999 in Book 12849, page 8857. The Note and Mortgage were transferred to Crestar Mortgage Corporation and said transfer was memorialized by an Assignment of Mortgage dated August 4, 1999 and recorded on August 4, 1999 in Book 12849, page 8897. The Note and Mortgage were subsequently transferred to Fleet Mortgage Corp., and said transfer was memorialized by an Assignment of Mortgage dated March 1, 2000 and recorded on April 10, 2000 in Book 12877, page 7449. The Note and Mortgage were subsequently transferred to JPMorgan Chase Bank, National Association and said transfer was memorialized by an Assignment of Mortgage dated January 6, 2015 and recorded on January 22, 2015 in Book 13709, page 4485. The Note and Mortgage were subsequently transferred to Federal National Mortgage Association and said transfer was memorialized by an Assignment of Mortgage dated May 14, 2015 and recorded on December 14, 2015 in Book 13748, page 7333. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. 16-057391 11 of 12 FILED: ERIE COUNTY CLERK 10/27/2017 02:05 PM INDEX NO. 815384/2017 NYSCEF DOC. 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