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FILED: QUEENS COUNTY CLERK 12/22/2020 04:49 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 12/22/2020
EXHIBIT A
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|FILED QUEENS
QUEENS COUNTY
COUNTY CLERK
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------X
WELLS FARGO BANK, N.A., AS TRUSTEE, SUMMONS
FOR THE CERTIFICATEHOLDERS OF
MORGAN STANLEY ABS CAPITAL I INC.,
TRUST MORTGAGE PASS-
2005-WMC5,
THROUGH SERIES 2005-
CERTIFICATES,
WMC5
Plaintiff
vs
INDEX #:
RONFAYZI INC., PEOPLE OF THE STATE
OF NEW YORK, NEW YORK CITY ORIGINAL FILED WITH THE
ENVIRONMENTAL CONTROL BOARD, CLERK ON:
NEW YORK CITY TRANSIT
ADJUDICATION BUREAU, NEW YORK MORTGAGED PREMISES:
CITY DEPARTMENT OF FINANCE, 177-26 URSINA ROAD
SAINT ALBANS, NY 11434
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their BL #: 12484 - 105
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 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
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If vou do not respond to this summons and complaint by serving a_cop_y
of the answer on the attorney for the mortgage company who filed this
foreclosure proceedine against vou and filing the answer with the court, a
default judgment may be entered and you can lose vour home.
Speak to an attorney or go to the court where vour case is p_ending_f_oor
further information on how to answer the summons and protect your
property.
Sending a payment to vour mortgage company will not stop this
foreclosure action.
YOU MUST RESPON_D 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:
Jess Kielb Grubea, Esq.
Gro s 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
---------------------------------------------------------------X
WELLS FARGO BANK, N.A., AS TRUSTEE, COMPLAINT
FOR THE CERTIFICATEHOLDERS OF
MORGAN STANLEY ABS CAPITAL I INC.,
TRUST MORTGAGE PASS-
2005-WMC5,
THROUGH SERIES 2005-
CERTIFICATES,
WMC5
Plaintiff
vs
INDEX #:
RONFAYZI INC., PEOPLE OF THE STATE
OF NEW YORK, NEW YORK CITY ORIGINAL FILED WITH THE
ENVIRONMENTAL CONTROL BOARD, CLERK ON:
NEW YORK CITY TRANSIT
ADJUDICATION BUREAU, NEW YORK MORTGAGED PREMISES:
CITY DEPARTMENT OF FINANCE, 177-26 URSINA ROAD
SAINT ALBANS, NY 11434
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their BL #: 12484 - 105
heirs,
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:
1. Plaintiff, WELLS FARGO BANK, N.A., AS TRUSTEE, FOR THE
CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I TRUST 2005-
INC.,
WMC5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-WMC5 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 a copy of the original note.
2. On or about February 23, 2005, Walter McDowell (who died on January 28, 2013, a
resident of the county of Queens, State of New York) executed and delivered a note whereby
Walter McDowell promised to pay the sum of $250,000.00 plus interest on the unpaid amount
due.
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3. As security for the payment of the note Walter McDowell (who died on January 28,
2013, a resident of the county of Queens, State of New York) and Merline McDowell AKA
Merlene McDowell by the attorney in fact (who died on November 25, 2009, a resident of the
county of Queens, State of New York) duly executed and delivered a mortgage, in the amount of
$250,000.00 which was recorded as follows.
Recording Date: April 15, 2005
CRFN 2005000220497
City Register of the City of New York, Queens County
The mortgage was subsequently assigned to Wells Fargo Bank, N.A. as Trustee for the
Certificateholders of Morgan ABS Capital I Trust Mortgage Pass-
Stanley Inc., 2005-WMC5,
Through Certificates, Series 2005-WMC5.
4. The mortgaged property is known as 177-26 URSINA ROAD, SAINT ALBANS,
NY 11434. The tax map designation is BLOCK 12484, LOT 105. 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. At the time the note and mortgage were executed and delivered, Walter McDowell
and Merline McDowell AKA Merlene McDowell were in title to the property. On May 26, 2016,
Walter McDowell III as the sole surviving heir of Merline McDowell AKA Merlene McDowell
and the surviving joint tenant of Merline McDowell AKA Merlene McDowell transferred the
property to Ronfayzi Inc., who is listed on Schedule C as the current owner of the property.
6. Walter McDowell III failed to comply with the conditions of the note and mortgage
by not making the payment that was due on September 1, 2012 and subsequent payments.
7. There is now due and owing on the note and mortgage the following amounts:
Principal Balance: $223,012.11
Interest Rate: 6.49%
Date Interest Accrues from: August 1, 2012
Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing,
inspections, posting of notices, maintenance and preservation of the property.
8. In order to protect the value of the property and itsrights 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 itpays, together with interest, be included in the
total amount due.
9. 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.
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10. 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.
11. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and
Proceedings Law, and the mortgage was originated in compliance with allprovisions 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.
12. 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.
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.
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h. 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.
i. That the Court award Plaintiff additional relief that is just,equitable and proper.
Je ca Kielb Grubea, Esq.
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
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Schedule A
Attached here as Schedule A is a copy of the original note. If applicable, certain non-public
personal information has been redacted from the attached document.
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..
. mowm
F
.servicingU
B 333 NOTE a-o
mere $: 333
February 23, 2005 SMITHOWN New York
(Datc] (City] (State]
177 26 URSINA ROAD, . ,ST .ALBANS, NY 11434
(PropertyAddress]
1. BORROWER'S PROMISE TO PAY
In returnfor a loanthatI havereceived,Ipromise to payU.S.S
250,000.00 (thisamountis called
"Principal"), plus interest,to the orderof theLeader.TheLenderis
WMCMORTGAGECORD.
I will rnakeall paymentsunderthis Notein the formof cash,checkor moneyorder.
I understandthatthe Leadermay transferM Note.The Lenderor anyonewho takeslhis Note
by transfer
andwho is entitled to receivepaymentsunder thisNote is calledthe"Note Holder."
2. INTEREST
Interestwill be chargedon unpaid principal until the full amountof Principal hasbeenpaid. I will
pay
interestat a yearly rate of
6, 490 %.
The interestraterequiredby this Section2 is therateI will pay both beforeandafter
defaultdescribed
any
in Section6(B) of this Note.
3, PAYMENTS
(A) Time and Placeof Payrrients
I will pay principal andinterestby making apaymenteverymonth.
Iwillmake my monthlypaymem on d)c la t day of each mimth on
April begmnmg
1, 2005 .1 will trmkethesepaymentseverymonthuntil 1ilavepaidall
of the principal and interestand any otherchargesdescribedhelow thatI nuy nwe underthis Notr
Rachmonthly
payment will
be applied as of its scheduleddue date and will
be applied to imerest before Pnneapntif, on
March 1, 2035 . I still oweamountsImderthis Note, I will pay thoseamounIs
in fuHon that date,which is calledthe "Maturity Date."
I will makemy monlhly paymentsat
6501 IRVINE CENTERDRIVE , IRVINE , CA 92618
o: at a differentplaceif icquil ed by theNo1eI]older
(B) Amount of Monthly Fayments
My monthly paymentwill bein theamountofU.S. $
1,578 , 53
4, DORROWER*S RIGHT TO PREPAY
I have the right to makepaymentsof Principal at any tune before they aredue. A paymentof Principal
"Prepayment."When1makea
only is known asa Prepayment,T wal tell theNote Hohler in infling thatTamdoing
so.I may not designatea paymentasa Prepaymentiff
havenot madeall the monthlypaymentsdue undertheNote.
] may make a full Prepaymemor partial Prepaymentswithout paying a Prepaymentcharge The Note
Holder will use my Prepaymentsto reducethe amountof Principal that I owe under&
Note. However,theNo1c
Holder may apply my Prepaymentto the acetuedand unpaidinteresIon the Prepayment
amount,heforeapplying
my Prepaymentto reducethePrincipalamountof theNote.IfI
makeapartial Prepayment,therewill henochanges
in theduedareor in theamountof my monthly paymentunlesstheNote Holderagreesin
writmg to thosechanges,
5. LOAN CHARGES
If a law, which appliesto this loan andwhich setsmaximumloan
is
charges,finally interpretedsothat the
interestor other loan chargescollectedor to be collectedin connectionwith this loan exceedthe
peanuttedlimits,
then: (a) any suchloan chargeshallbereducedby theamount
toreducethe
chargeto the permittedlimit;
necessary
and (b) any sums alreadycollected from me which exceededpermitted limits will be
refumicalto me. 1he Note
Holder may chooseto make this refund by reducing the Principal I owe under this Note or
by making a direct
payrnentto me.1f a refundreducesPrincipol,the reductionwill betreatedasapartial
Prepayment.
NEWYORKFlXEDRATENOTE-Sirigle
Family-Funule
Mue/FreddleMac
UNIFORMINSTRUMENT Form3233]/01
ad .vrx a/2o/2oca
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333 3D
6 BORROWER'S FAILURE TO PAY ASREQUIRED
' '
' (A) Late Cliurge for OverduePayments
If theNoto Holderhasnot receivedthefull amountof anymonthly paymentby theend of
15
calemlardaysafter thedateit n due,I will pay n late chargeto theNoteNolder The amountof thechangewill be
2 . 000 % of my ovelduepaymentof principal andinterest.I will pay this latechurgeprongptlybut only
onecon cachtatepayment.
(B) Default
If1 do not pay thefull amountof eachmonthlypaymenton the dateit is due,I will bein default.
(C) Notice of Default
lf l am in delhdit, Ille Nule Holder may endmea writion notice telling me thatifI
do pot pay theoverdue
amountby a ecstaindate, the Note Hohler may requireme to pay imirwdlutely the full arnamitof Principalwldch
hasnot beenpaid and all the interestthat I owe on that umount.'nint datemustbeat least30 daysafterthednteon
which thenotice is mailedto meor deliveredhy other means.
(D) No Walver By NoteHolder
Even lf, st a time whenI am in default,theNoteHolder doesnot requireme to pay immediatelyin full as
describedabove,the NoteHolderwill still havetheright to do soif I amin defaultat a later time.
(E) Payment of Note Bolder's Costsand Expenses
if the Note Holder hasrequiredme to pay immediately·in 801as desenbedabo5c.theNote Holder will
have the right to be paid buck by me for all of its costsand expensesin enforcing this Note to the exlent not
expensesinclude,lbr example,reasonabicallorneys't'cn.
prohibiteri by applicablelaw. nost
7. G1VING OF NOTICES
Unlessapplicablelaw requiresadifferent method,uny notice thatmustbe givento meunderthisNotewill
be given by delivering it or by mailing it by first clns mail to inc at the PropertyAddressaboveor at a different
addressif I give the ÑoteHolder a noticeof my ddTcrentaddress.
Any notice that smut be ginn
to the Note Holder underthis Note wdl be given by
dehveringit or by
mailing it by lirst clan mail to the Note Holderat thenddressstatedin Seciton3(A) aboveor at a dilfercilt address
if I amr,ivena noticoof thatdifferent addien.
8, ODLlGATIONS OF PERSONSUNDER THIS NOTE
lf more Iban onepersonsignslbs Note. cachpenon l• fully and prisonally nFImaint to
Leepall ol the
pionusesunidein thn Note, inchidungthe pmmisc to pay the full amountuwed. Any personwho n a
ruaGmton,
-.urciv Wrendorsesof this Note iv.abo obbs.dedto di. ilww thms
Any permnwlm ines ovn thr·c oblptmns
theobhnattom.
incimling ofapurantnt or
, mwty enilm of
.ci ilm.
Lte, e alwbhinedto t.cepA of thepramm
Preview
FILED: QUEENS COUNTY CLERK 12/22/2020 04:49 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 12/22/2020 EXHIBIT A FILED:: |FILED QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12 /0¥72017 04:49 02 :58 PM PM) INDEX INDEX NO. NO. 716943/2017 716943/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 36 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/22/2020 12/06/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------X WELLS FARGO BANK, N.A., AS TRUSTEE, SUMMONS FOR THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., TRUST MORTGAGE PASS- 2005-WMC5, THROUGH SERIES 2005- CERTIFICATES, WMC5 Plaintiff vs INDEX #: RONFAYZI INC., PEOPLE OF THE STATE OF NEW YORK, NEW YORK CITY ORIGINAL FILED WITH THE ENVIRONMENTAL CONTROL BOARD, CLERK ON: NEW YORK CITY TRANSIT ADJUDICATION BUREAU, NEW YORK MORTGAGED PREMISES: CITY DEPARTMENT OF FINANCE, 177-26 URSINA ROAD SAINT ALBANS, NY 11434 JOHN DOE (Those unknown tenants, occupants, persons or corporations or their BL #: 12484 - 105 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 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 1 of 23 FILED:: |FILED QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12/06/2017 04:49 02: 58 PM PM) INDEX INDEX NO. NO. 716943/2017 716943/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 36 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/22/2020 12/06/2017 If vou do not respond to this summons and complaint by serving a_cop_y of the answer on the attorney for the mortgage company who filed this foreclosure proceedine against vou and filing the answer with the court, a default judgment may be entered and you can lose vour home. Speak to an attorney or go to the court where vour case is p_ending_f_oor further information on how to answer the summons and protect your property. Sending a payment to vour mortgage company will not stop this foreclosure action. YOU MUST RESPON_D 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: Jess Kielb Grubea, Esq. Gro s Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Tel.: (716)204-1700 2 of 23 FILED:: |FILED QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12/06/2017 04:49 02: 58 PM PM| INDEX INDEX NO. NO. 716943/2017 716943/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 36 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/22/2020 12/06/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------X WELLS FARGO BANK, N.A., AS TRUSTEE, COMPLAINT FOR THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I INC., TRUST MORTGAGE PASS- 2005-WMC5, THROUGH SERIES 2005- CERTIFICATES, WMC5 Plaintiff vs INDEX #: RONFAYZI INC., PEOPLE OF THE STATE OF NEW YORK, NEW YORK CITY ORIGINAL FILED WITH THE ENVIRONMENTAL CONTROL BOARD, CLERK ON: NEW YORK CITY TRANSIT ADJUDICATION BUREAU, NEW YORK MORTGAGED PREMISES: CITY DEPARTMENT OF FINANCE, 177-26 URSINA ROAD SAINT ALBANS, NY 11434 JOHN DOE (Those unknown tenants, occupants, persons or corporations or their BL #: 12484 - 105 heirs, 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: 1. Plaintiff, WELLS FARGO BANK, N.A., AS TRUSTEE, FOR THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL I TRUST 2005- INC., WMC5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-WMC5 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 a copy of the original note. 2. On or about February 23, 2005, Walter McDowell (who died on January 28, 2013, a resident of the county of Queens, State of New York) executed and delivered a note whereby Walter McDowell promised to pay the sum of $250,000.00 plus interest on the unpaid amount due. 3 of 23 FILED:: [FILED QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12/O 6/2017 04:49 02 :58 PM PM INDEX INDEX NO. NO. 716943/2017 716943/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 1 36 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/22/2020 12/06/2017 3. As security for the payment of the note Walter McDowell (who died on January 28, 2013, a resident of the county of Queens, State of New York) and Merline McDowell AKA Merlene McDowell by the attorney in fact (who died on November 25, 2009, a resident of the county of Queens, State of New York) duly executed and delivered a mortgage, in the amount of $250,000.00 which was recorded as follows. Recording Date: April 15, 2005 CRFN 2005000220497 City Register of the City of New York, Queens County The mortgage was subsequently assigned to Wells Fargo Bank, N.A. as Trustee for the Certificateholders of Morgan ABS Capital I Trust Mortgage Pass- Stanley Inc., 2005-WMC5, Through Certificates, Series 2005-WMC5. 4. The mortgaged property is known as 177-26 URSINA ROAD, SAINT ALBANS, NY 11434. The tax map designation is BLOCK 12484, LOT 105. 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. At the time the note and mortgage were executed and delivered, Walter McDowell and Merline McDowell AKA Merlene McDowell were in title to the property. On May 26, 2016, Walter McDowell III as the sole surviving heir of Merline McDowell AKA Merlene McDowell and the surviving joint tenant of Merline McDowell AKA Merlene McDowell transferred the property to Ronfayzi Inc., who is listed on Schedule C as the current owner of the property. 6. Walter McDowell III failed to comply with the conditions of the note and mortgage by not making the payment that was due on September 1, 2012 and subsequent payments. 7. There is now due and owing on the note and mortgage the following amounts: Principal Balance: $223,012.11 Interest Rate: 6.49% Date Interest Accrues from: August 1, 2012 Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing, inspections, posting of notices, maintenance and preservation of the property. 8. In order to protect the value of the property and itsrights 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 itpays, together with interest, be included in the total amount due. 9. 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. 4 of 23 FILED: LED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12/06/2017 04:49 02 : 58 PM INDEX INDEX NO. NO. 716943/2017 716943 /2017 PNQ NYSCEF NYSCEF DOC. DOC. NO. NO. 1 36 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/22/2020 12/06/2017 10. 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. 11. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and Proceedings Law, and the mortgage was originated in compliance with allprovisions 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. 12. 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. 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. 5 of 23 FILED:: |FILED QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12/0672017 04:49 02 :58 PM PM) INDEX INDEX NO. NO. 716943/2017 716943/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 36 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/22/2020 12/06/2017 h. 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. i. That the Court award Plaintiff additional relief that is just,equitable and proper. Je ca Kielb Grubea, Esq. Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 6 of 23 FILED:: |FILED QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12/06/2017 04:49 02: 58 PM PM) INDEX INDEX NO. NO. 716943/2017 716943/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 36 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/22/2020 12/06/2017 Schedule A Attached here as Schedule A is a copy of the original note. If applicable, certain non-public personal information has been redacted from the attached document. 7 of 23 FILED: [FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12/06/2017 04:49 02:58 PM PM1 INDEX INDEX NO. NO. 716943/2017 716943/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 36 1 RECEIVED RECEIVED NYSCEF: NYSCEF : 12/22/2020 12 /0 6/2 017 .. . mowm F .servicingU B 333 NOTE a-o mere $: 333 February 23, 2005 SMITHOWN New York (Datc] (City] (State] 177 26 URSINA ROAD, . ,ST .ALBANS, NY 11434 (PropertyAddress] 1. BORROWER'S PROMISE TO PAY In returnfor a loanthatI havereceived,Ipromise to payU.S.S 250,000.00 (thisamountis called "Principal"), plus interest,to the orderof theLeader.TheLenderis WMCMORTGAGECORD. I will rnakeall paymentsunderthis Notein the formof cash,checkor moneyorder. I understandthatthe Leadermay transferM Note.The Lenderor anyonewho takeslhis Note by transfer andwho is entitled to receivepaymentsunder thisNote is calledthe"Note Holder." 2. INTEREST Interestwill be chargedon unpaid principal until the full amountof Principal hasbeenpaid. I will pay interestat a yearly rate of 6, 490 %. The interestraterequiredby this Section2 is therateI will pay both beforeandafter defaultdescribed any in Section6(B) of this Note. 3, PAYMENTS (A) Time and Placeof Payrrients I will pay principal andinterestby making apaymenteverymonth. Iwillmake my monthlypaymem on d)c la t day of each mimth on April begmnmg 1, 2005 .1 will trmkethesepaymentseverymonthuntil 1ilavepaidall of the principal and interestand any otherchargesdescribedhelow thatI nuy nwe underthis Notr Rachmonthly payment will be applied as of its scheduleddue date and will be applied to imerest before Pnneapntif, on March 1, 2035 . I still oweamountsImderthis Note, I will pay thoseamounIs in fuHon that date,which is calledthe "Maturity Date." I will makemy monlhly paymentsat 6501 IRVINE CENTERDRIVE , IRVINE , CA 92618 o: at a differentplaceif icquil ed by theNo1eI]older (B) Amount of Monthly Fayments My monthly paymentwill bein theamountofU.S. $ 1,578 , 53 4, DORROWER*S RIGHT TO PREPAY I have the right to makepaymentsof Principal at any tune before they aredue. A paymentof Principal "Prepayment."When1makea only is known asa Prepayment,T wal tell theNote Hohler in infling thatTamdoing so.I may not designatea paymentasa Prepaymentiff havenot madeall the monthlypaymentsdue undertheNote. ] may make a full Prepaymemor partial Prepaymentswithout paying a Prepaymentcharge The Note Holder will use my Prepaymentsto reducethe amountof Principal that I owe under& Note. However,theNo1c Holder may apply my Prepaymentto the acetuedand unpaidinteresIon the Prepayment amount,heforeapplying my Prepaymentto reducethePrincipalamountof theNote.IfI makeapartial Prepayment,therewill henochanges in theduedareor in theamountof my monthly paymentunlesstheNote Holderagreesin writmg to thosechanges, 5. LOAN CHARGES If a law, which appliesto this loan andwhich setsmaximumloan is charges,finally interpretedsothat the interestor other loan chargescollectedor to be collectedin connectionwith this loan exceedthe peanuttedlimits, then: (a) any suchloan chargeshallbereducedby theamount toreducethe chargeto the permittedlimit; necessary and (b) any sums alreadycollected from me which exceededpermitted limits will be refumicalto me. 1he Note Holder may chooseto make this refund by reducing the Principal I owe under this Note or by making a direct payrnentto me.1f a refundreducesPrincipol,the reductionwill betreatedasapartial Prepayment. NEWYORKFlXEDRATENOTE-Sirigle Family-Funule Mue/FreddleMac UNIFORMINSTRUMENT Form3233]/01 ad .vrx a/2o/2oca 8 of 23 FILED: [FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 12/22/2020 12/06/2017 04:49 02:58 PM PM| INDEX INDEX NO. NO. 716943/2017 7169 43/2017 NYSCEF NY SCEF DOC. DOC . NO. NO. 36 1 RECEIVED RECE IVED NYSCEF: NY SCEF : 12/22/2020 12 /0 6 / 2 017 333 3D 6 BORROWER'S FAILURE TO PAY ASREQUIRED ' ' ' (A) Late Cliurge for OverduePayments If theNoto Holderhasnot receivedthefull amountof anymonthly paymentby theend of 15 calemlardaysafter thedateit n due,I will pay n late chargeto theNoteNolder The amountof thechangewill be 2 . 000 % of my ovelduepaymentof principal andinterest.I will pay this latechurgeprongptlybut only onecon cachtatepayment. (B) Default If1 do not pay thefull amountof eachmonthlypaymenton the dateit is due,I will bein default. (C) Notice of Default lf l am in delhdit, Ille Nule Holder may endmea writion notice telling me thatifI do pot pay theoverdue amountby a ecstaindate, the Note Hohler may requireme to pay imirwdlutely the full arnamitof Principalwldch hasnot beenpaid and all the interestthat I owe on that umount.'nint datemustbeat least30 daysafterthednteon which thenotice is mailedto meor deliveredhy other means. (D) No Walver By NoteHolder Even lf, st a time whenI am in default,theNoteHolder doesnot requireme to pay immediatelyin full as describedabove,the NoteHolderwill still havetheright to do soif I amin defaultat a later time. (E) Payment of Note Bolder's Costsand Expenses if the Note Holder hasrequiredme to pay immediately·in 801as desenbedabo5c.theNote Holder will have the right to be paid buck by me for all of its costsand expensesin enforcing this Note to the exlent not expensesinclude,lbr example,reasonabicallorneys't'cn. prohibiteri by applicablelaw. nost 7. G1VING OF NOTICES Unlessapplicablelaw requiresadifferent method,uny notice thatmustbe givento meunderthisNotewill be given by delivering it or by mailing it by first clns mail to inc at the PropertyAddressaboveor at a different addressif I give the ÑoteHolder a noticeof my ddTcrentaddress. Any notice that smut be ginn to the Note Holder underthis Note wdl be given by dehveringit or by mailing it by lirst clan mail to the Note Holderat thenddressstatedin Seciton3(A) aboveor at a dilfercilt address if I amr,ivena noticoof thatdifferent addien. 8, ODLlGATIONS OF PERSONSUNDER THIS NOTE lf more Iban onepersonsignslbs Note. cachpenon l• fully and prisonally nFImaint to Leepall ol the pionusesunidein thn Note, inchidungthe pmmisc to pay the full amountuwed. Any personwho n a ruaGmton, -.urciv Wrendorsesof this Note iv.abo obbs.dedto di. ilww thms Any permnwlm ines ovn thr·c oblptmns theobhnattom. incimling ofapurantnt or , mwty enilm of .ci ilm. Lte, e alwbhinedto t.cepA of thepramm