Preview
FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/08/2022
"A"
EXHTRIT
Anne& Schwabe,Catherine\refrpt.frm.doc'
F:\ASDOCS\LINDA\FORECLOSURES\TRUSTCO\Kurdy,
FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 43 RECEIVED
INDEX
NYSCEF:
NO.
03/08/2022
EF2021-269048
ILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PN|
SCEF DOC. NO. 28 . · RECEIVED NYSCEF: 11/01/2021
SUPREME COURTOF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
--.--.....----..-------..-----..------..----.....--
TRUSTCO BANK AFFIDAVIT OF
AMOUNT DUE
Plaintiff .
INDEX NO.: EF2021-
- against - 269048
ANNE M. KUROLY; CATHERINE A. SCHWABE; and MORTGAGED PROPERTY:
DOE," 11 Rhode Island Ave
"JOHN (said name being flotitious, itbeing the
fratention of the plaintiff to designate and all Rensselaer, NY 12144
any
persons possession of the mortgaged COUNTY: Rensselaer
in premises)
SBL #: 155.9-15-10
Defendant(s)
STATE OF NEW YORK )
) SS.:
OOUNTY OF SCHENECTADY
Scot Salvador, being duly swom, deposes and says:
1. I am the Executive Vice President of Trustco Bank, a federal savings bank, and
the plaintiff herein. Defendants, Anne M. Kurloy and Catherine A. Schwabe, executed and
delivered to plaintiff a bond and mo1tgage dated May 24, 2013, and recorded June 13, 2013, in
the Rensselaer County Clerk's Office in Book 6813 of Mortgages at page 242.
2. I have read the complaint in this actiori, a complete copy of which is attached
"A"
hereto as Exhibit along with a time-stamped copy of the Notice of Pendency, Supplemental
Notice of Pendency, and Certificate of Merit, and I know the contents thereof including the
documents attached thereto and the same are trus to my knowledge except those matters
therein which are stated to be alleged upon information and belief, and as to those matters I
believe them to be true. My belief as to those matters therein not stated upon knowledge is
based upon the filesand records for this account kept and maintained by the p0aintiff.
3. The loan being foreclosed is not a residential loan as defined in RPAPL 1304 as
itis not owner occupied. .
asoocsaa-ooso-o.wse c
FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 43 RECEIVED
INDEX NYSCEF:
NO. 03/08/2022
EF2021-269048
liŠLED : RENSSELAER COUNTY CLERK 1 01 4: .
NYSCEF DOC. NO. 28 . RECEIVED NYSCEF: 11/01/2021
FIRST CAUSE OP ACTION .
4. According to the records of the plaintiff,the defendants, Anne M. Kuroly and
Catherine A. Schwabe, defaulted in the payments due under the bonds and mortgages by falling
to make the regular monthly payment of principal and interest due and payable on May 24, 2020.
5. In addition, the defendants, Anne M. Kuroly and Catherine A. Schwabe, defaulted
by failing to pay the taxes on the mortgaged premises.
6. After crediting allpayments actually made by the defendants, Anne M.Kuroly and
Catherine A. Schwabe, or any other party, the principal amount due to the plaintiff upon the
defendants'
default is $72,461.58.
7. Interest has accrued on the unpaid principal balance pursuant to right as provided
in the bond(s)/note(s) at the rate of 3.90% per annum. Accrued interest on the unpaid principal
balance through October 20, 2021, amounts to $4,188.22. Interest continues to accrue on the
uripaid principal balance at the rate of $8,03 per day to date of judgment.
8. Plaintiff is also entitled to recover late charges as provided in the loan note(s) in
the amount of $158.19.
9. Plaintiff is entitled to recover from the defendants, Anne M. Kuroly and Catherine
A. Schwabe, the following amounts:
. .
Principal $ 72,461.58
Interest to 10/20/21 4,188.22
Late Charges 158.19
Total Due $ 76,807.99
plus interest at the rate of $8.03 per from October 20, 2021, to date of judgment.
SECOND CAUSE OF ACTION
10. According to the records of the plaintiff, the defendants, Anne M. and
Kuroly
Catherine A. Schwabe, defaulted in the payments dus under the bonds and mortgages by failing
to make the regular monthly payment of principal and interest due and payable on 2020.
May 23,
thaSDOC Auc & Schwato,
SU.ENDAUURIlCIASURESITRUSŠUOWuroly, E SWWac
Cathetinc½MTDU
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NYSCEF DOC. NO. 43 RECEIVED
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NO. 03/08/2022
EF2021-269048
FILED: RENSSELAER COUNTY CLERK 11 1 4:
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/01/2021
11. Inaddition, the defendants, Anne M. Kuroly and Catherine A. Schwabe, defaulted
by falling to pay the taxes on the mortgaged premises.
12. After crediting allpayments actually made by the defendants, Anne M. Kuroly and
Catherine A. Schwabe, or any other party, the principal amount due to the plaintiff upon the
defendants'
default is $7,046.45.
13. Interest has accrued on the unpaid principal balance pursuant to right as provided
in the bond(s)/note(s) at a variable rate. Accrued interest on the unpaid principal balance
through October 20, 2021, amounts to $431.16. interest continues to accrue on the unpaid
principal balance at a rate of $0.77 per day to date of judgment.
14. Plaintiffis also entitled to recover late charges as provided in the loan note(s) in
the amount of $7.47.
15. Plaintiff is entitled to recover from the defendants, Anne M. Kuroly and Catherine
A. Schwabe, the following amounts:
Principal $ 7,046.45
Interest to 10/20/21 431.16
Late Charges 7.47
Total Due $ 7,485.08
plus interest at the rate of $0.77 per from October 20, 2021, to date of judgment.
Sept salvador
SWORN to before me this
day of Or r , 2021.
NOTARY PUBLIC
SAMANTHA SMITH
Notary Public.State of NewYork
No, 01SM6386436
Qualifiedin Saratoga County
Commission ExpiresJan. 28,20
PAASDOCSu.tNDMW)RHCLOSURINTRUSTCOWurely.
Anne& SchwaltCaiterianMTI) ES
doc
FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 43 RECEIVED
INDEX
NYSCEF:
NO.
03/08/2022
EF2021-269048
|FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM|
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/01/2021
. .
* h
"A"
EXBTB1T
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NO.
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EF2021-269048
FILED : RENSSELAER COUNTY CLERK 11 1 4 :1
RE SM62W@ 21
ÎÊ, . REb1SEELAER COUNTY CLERK 06/10/2021 11:47 A1WG
NYSCEF DOC., NO. 2 RECEIVED NYSCEF: 06/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER .
___-----.--........_..---........----...---......___
TRUSTCO BANK NOTICE OF PENDENCY
Plaintiff
INDEX No.:
- against -
MORTGAGED PROPERTY:
ANNE M. KUROLY; CATHERINE A. SCHWABE; and 11 Rhode Island Ave
DOE," NY
"JOHN (said name fictitious,It being the Flensselaer, 12144
being
intention of the plaintiff to designate and all COUNTY: Rensselaer
any
persons In possession of the mortgaged SBL #: 155.9-15-10
premises)
Defendant(s)
Notice is hereby given that an action has been commenced and le now in this
pending
court upon the complaint of the above-named pialntiffagainst the above-named for
defendant(s)
the foreclosure of a mortgage executed by Anne M. and Catherine A. Schwabe dated
Kuroly
May 24, 2013, and recorded In the Rensselaer County Clerk's Office on June 13 2013, In Book
6813 of Mortgages at Page 242.
Also for a home equity credit IIne mortgage dated May 24, 2013, and recorded in the
Rensselaer County Clerk's Office on June 13, 2013, in Book 6813 of Mortgages at Page 250.
The premises affected by this action are situated within Rensselaer County, known as
155.9 "A"
Section Block 15 Lot 10, and are described In Schedule attached hereto.
The Olerk of Rensselaer County is hereby directed to index thisnotice against the names
of alldefendants.
DATED:
Melissa M Tobracks, Esq.
OVERTON, RUSSELL, DOERR & DONOVAN, LLP
Attomeys for Plaintiff
19 Executive Park Drive
Clifton Park, New York 12065
(518) 383-4000
NOTE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Annaa Edmba, CatheitnoiPENDENGYEec
‚IDODSUNDAWORECLOSURESTRUSTCO\Kurely,
1 of 2
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NYSCEF DOC. NO. 43 RECEIVED
INDEX NYSCEF:
NO. 03/08/2022
EF2021-269048
FILED: RENSSELAER COUNTY CLERK 1 4:11
RE SM6211g@§ 21
"jHEMP4sWELAER COUNTY CLERK 06/10/2021 11: 47 ANQ
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/10/2021
"A"
SCHEDULE
ALL THAT TRACT OR PARCEL OF LAND situate in the Town .of East
Greenbush, County of Rensselaer and State of New York, known as Lots numbers
three hundred twenty-four and thee hundred twenty-five (324 and 328) on a map of
Clinton Park made for Corliss Realty, Inc. by E.H. Welles, Surveyor, and fi,ledin the
Rensselaer County Clerk's Office June 21, 1926, reference to which map is hereby
made for a more particular description thereof. .
E
2 of 2
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NYSCEF DOC. NO. 43 RECEIVED
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NYSCEF:
NO.
03/08/2022
EF2021-2
FILED : RENSSELAER COUNTY CLERK 4 : 1 69048
"0 f256x2
RE1(SÄLAER COUNTY CLERK 07/08/2021 09:26
RE SM02)W@21
AM
NYSCEF DOC. No. 4 RECEIVED NYSCEF: 07/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
SUPPLEMENTAL
TRUSTCO BANK NOTICE OF PENDENCY
Plaintiff
1NDEX NO.: EF2021-
- against - . 260048
ANNE M. KUROLY; CATHERINE A. SCHWABE; and MORTGAGED PROPERTY:
DOE," Rhode
"JOHN (said name being fictitious,it being the 11 Island Ave
intention of the plaintiff to designate and all Reneselaer, NY 12144
any
persons In possession of the mortgaged COUNTY: Rensselaer
premises)
SBL #: 155.9-16-10
Defendant(s)
.
Notice le hereby given that an action has been commenced and le now pending in th|s
court upon the complaint of the above-named plaintiffagainst the above-named for
defendant(s)
the foreclosure of a mortgage executed by Anne M. and Catherine A. Schwabe dated
Kuroly
May 24, 2013, and recorded in the Rensselaer County Clerk's Office on June 13, 2013, in Book
6513 of Mortgages at Page 242.
A•so for a home equity credit line mortgage dated 24, 2013, and recorded in the
May
Rensselaer County Clerk's Office on June 13, 2013, in Book 6813 of Mortgages at Page 250.
The premises affected by this action are situated within Rensselaer ounty, known as
Section 155.9 Block 15 Lot "A"
10, and are described in Schedule attached hereto.
The Clerk of Rensselaer County ishemby directed to index thisnotice against the names
of alldefendants.
DATED: July 8, 2021
Inda L. Donovan, Esq.
OVERTON, RUSSELL, DOERR & DONOVAN, LLP
Attorneys for Plaintiff .
19 Executive Park Drive
Clifton Parkr New York 12065
(518}383-4000
NOTE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A UEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
HsscocaUNOBORECLQ$URESTAUST00Kurely, Anne4%twabe,CateMASUPPNDP.doo
1 of 2
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NYSCEF DOC. NO. 43 RECEIVED
INDEX.NO. NYSCEF: 03/08/2022
EF2021-269048
FILED : RENSSELAER COUNTY CLERK 11 1 4 :11 .
RE D S 62) 21
[xf ÏE R S IAER COUNTY CLERK 07/08/2021 09: 2 6 AM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021
"A"
SCHEDULE
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of East
Geenbush, County of Rensselaer and State of New York, known as Lots numbers
three hundred twenty-four and three hundred twenty-five (324 and 325) on a map of
CIInton Park made for Corlise Realty, Inc. by E.H. Welles, Surveyor, and filed in the
Rensselaer County Clerk's Office June 21, 1926, reference to which map is hereby
made for a more particular description thereof.
2 of 2
8 of 45
FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 43 RECEIVED
INDEX NYSCEF:
NO . 03/08/2022
EF2021-269048
iŠLED : RENSSELAER COUNTY CLERK 11 : 11
RE SWg212f 21
P1f.3i RhlSSÈhcLAER COUNTY CLERK 06/10/2021 11: 47 Al)
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
---..------------------------- CE.RTlFICATE OF MERIT
TRUSTCO BANK PURSUANT TO CPLR
3012-b
Plaintiff
INDEX NO.:
- against -
MORTGAGED PROPERTY:
ANNE M. KUROLY; CATHERiNE A. SCHWABE; and 11 Rhode Island Ave
DOE,"
"JOHN (said name being fictillous, it being the Reneselaer, NY 12t44
Intention of the plaintiff to designate any and all COUNTY: Reneselaer
persons in possession of the mortgaged premises) SBL #: 155.9-15-10
Defendant(s)
Melissa M. Tobrooke, pursuant to CPLR §3012-b (a) and under the penalties of
perjury, affirms as follows: .
1. I am an attomey at law duly licensed to practice in the State of New York
and am a partner with the Law Firm of Overton, Russell, Doerr & Donovan, LLP, the
attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As
such, I am fully aware of the underlying action, as well as the proceedings had-heiein.
2. On May S1, 2021, I communicated with the following representatives of
Plaintiff, who Informed me that he (a) personally reviewed plaintiff's documents and
recortis relating to this case for factual accuracy; and (b) confirmed the factual accuracy
of the allegations set forth in the Compiaint and any supporting affidavits or affirmations
filed with the Court, as welf as the accuracy of the notarizations contained in the
supporting documents filed therewith:
Michelle Simmonds Administrative Vice
President
3. Based upon my communloation with Michelle Simmonds, as well as upon
my own inspection and other reasonable inquinf under the circumstances, Iaffirm that,
to the best of my knowledge, information and belief, the Summons, Complaint and all
other papers filed or submitted to the Court in this matter contain no false statements of
fact or law. I understand my continu|ng obligat|on to amend this Affirmation light of
in
newly discovered material facts following Itsfiling.
P
Amo& 8dusbs, CameimecenKleasaelmarlLdoo
H$ASDQGSLINDAtFORE01.OGURESEmUSTOOiKwohr,
1 of 2
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NYSCEF DOC. NO. 43 RECEIVED
INDEX NYSCEF:
NO. 03/08/2022
EF2021-269048
FILED : RENSSELAER COUNTY CLERK 11/01/20 21 04: 11 PH
Tverrr rc·¬ m 90
RE S Ö211 21
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021
4. I am aware of my obligations under New York Rules of Pròfessional
Conduct (22 NYORR Part 1200) and 22 NYCRR Part i30,
DKTED: Ju® )
Melissa M. Toprocke, Esq.
OVERTON, RUSSELL,DOERR & DONOVAN, LLP
Attorney for Plaintiff
19 Executive Park Drive
Clifton Park, New York 12005
(518) 383-4000
h
it¼SDOCstUNDNOREGLOSLtRES\TRUSTOOMrrohr,Amenschwabs,
CInihedndt:eallicate
ofmarhJoe
2 of 2
10 of 45
FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/08/2022
FILED : RENSSELAER COUNTY CLERK 1 1 4 1 INDEX NO. EF2021-269048
:
REC 21
!Ô R S,ELAER COUNTY CLERK-06/10/2021 11 : 47
D N 62p
AN|
NYSCE F DOC. NO. 1 . . RECEIVED NYSCEF: 06/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
TRUSTCO BANK SUMMONS
Pialntiff
INDEX NO.:
- aga|nst-
MORTGAGED PROPERTY:
ANNE M. KUROLY; CATHERINE A. SCHWABE; and 11 Rhode Island Ave
DOE,"
"JOHN (said name being fictitious, itbeing the Rensselaer, NY 12144
Entention of the plaintiffto designate and all COUNTY: Rensselaer
any
persons in premises)· SBL #: 155.9-15-10
possession of the mortgaged
Date Filed
Defendant(s)
TO THE ABOVE-NAMED DEFENDANT(S): . .
YOU ARE HEREBY SUMMONED to answer the complaint In this action and to serve a
copy of your answer on the pla|ntiff's
attorneys within days after service of this
twenty summons,
exclusive of the day of service, or within days after completion of service where service is
thirty
made in any other manner than by personal within the State. The United States of
delivery
America, ifdesignated as a answer or appear within days after service. In
defendant, may sixty
case of your failure to answer, judgment will be taken against you default for the relief
by
demanded inthe complaint.
NOTICE
YOU ARE IN DANGER OF_L08tNG.YOUR HOME
if you do not mspond to this summons and complaint a of
by serving copy
the answer on the attorney for the mortgage company who fHed th[o
foreolosure pmceeding against you and filing the answer with a
the. court,
default Judgment may be entered and you omn fose your home.
Speak to an attorney or go to the court where your cass la for
pending
further Information on how to answer the summons and protnot your
Property.
Sending a payment to your mortgage wHI not this foreclosure
company stop
action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWEin ON THE
ATTORNEY FOR THE PLAINTAFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
HSASDOGSUNDAVDREOLOSUREETRUSTCOWurch6Annessdembs,CamurtneWVC.FORE
(NO90DAYNOTICP“duc
1 of 35 .
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NYSCEF DOC. NO. 43 RECEIVED
INDEX NYSCEF:
NO. 03/08/2022
E F2021-269048
FILED: RENSSELAER COUNTY CLERK 11 1 :
Tf&BrahsisaEn couwrr cLzar os/10/2021 11:4T m =sesosseene2tigeuss²1
NY SCÈ F DOC. No. 1 RECEIVED NYSCEF: 06/10/2021
The baals of venue Is the location of the mortgaged premises.
DATED: D
Melissa M. Tobrocke,Esq.
OVERTON, RUSSELL, DOERR & DONOVAN, LLP
Attomeys for Plaintiff
19 Executive Park Drive
Clifton Park, NewYork12065
(518)383-4000 .
NOTE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR TEIAT PURPOSE.
HAA3EIOd$11NDAlFOREOLOSURETRUSTCOWeek,Ams & schants,OatherinesvofoaE(Nþ80DAYNOTICEh4o
2 of 35
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INDEX·NO.
NYSCEF: 03/08/2022
FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM|
EF2021-269048
62))21
ED: R,NSSELAER COUNTY CLERK 06/10/2021 11:47 AM)
NYSC2F Doc, NO. 1 RECEIVED NYSCEF: 06/10/2021
SUPREME COURT
Preview
FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/08/2022 "A" EXHTRIT Anne& Schwabe,Catherine\refrpt.frm.doc' F:\ASDOCS\LINDA\FORECLOSURES\TRUSTCO\Kurdy, FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 EF2021-269048 ILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PN| SCEF DOC. NO. 28 . · RECEIVED NYSCEF: 11/01/2021 SUPREME COURTOF THE STATE OF NEW YORK COUNTY OF RENSSELAER --.--.....----..-------..-----..------..----.....-- TRUSTCO BANK AFFIDAVIT OF AMOUNT DUE Plaintiff . INDEX NO.: EF2021- - against - 269048 ANNE M. KUROLY; CATHERINE A. SCHWABE; and MORTGAGED PROPERTY: DOE," 11 Rhode Island Ave "JOHN (said name being flotitious, itbeing the fratention of the plaintiff to designate and all Rensselaer, NY 12144 any persons possession of the mortgaged COUNTY: Rensselaer in premises) SBL #: 155.9-15-10 Defendant(s) STATE OF NEW YORK ) ) SS.: OOUNTY OF SCHENECTADY Scot Salvador, being duly swom, deposes and says: 1. I am the Executive Vice President of Trustco Bank, a federal savings bank, and the plaintiff herein. Defendants, Anne M. Kurloy and Catherine A. Schwabe, executed and delivered to plaintiff a bond and mo1tgage dated May 24, 2013, and recorded June 13, 2013, in the Rensselaer County Clerk's Office in Book 6813 of Mortgages at page 242. 2. I have read the complaint in this actiori, a complete copy of which is attached "A" hereto as Exhibit along with a time-stamped copy of the Notice of Pendency, Supplemental Notice of Pendency, and Certificate of Merit, and I know the contents thereof including the documents attached thereto and the same are trus to my knowledge except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge is based upon the filesand records for this account kept and maintained by the p0aintiff. 3. The loan being foreclosed is not a residential loan as defined in RPAPL 1304 as itis not owner occupied. . asoocsaa-ooso-o.wse c FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 EF2021-269048 liŠLED : RENSSELAER COUNTY CLERK 1 01 4: . NYSCEF DOC. NO. 28 . RECEIVED NYSCEF: 11/01/2021 FIRST CAUSE OP ACTION . 4. According to the records of the plaintiff,the defendants, Anne M. Kuroly and Catherine A. Schwabe, defaulted in the payments due under the bonds and mortgages by falling to make the regular monthly payment of principal and interest due and payable on May 24, 2020. 5. In addition, the defendants, Anne M. Kuroly and Catherine A. Schwabe, defaulted by failing to pay the taxes on the mortgaged premises. 6. After crediting allpayments actually made by the defendants, Anne M.Kuroly and Catherine A. Schwabe, or any other party, the principal amount due to the plaintiff upon the defendants' default is $72,461.58. 7. Interest has accrued on the unpaid principal balance pursuant to right as provided in the bond(s)/note(s) at the rate of 3.90% per annum. Accrued interest on the unpaid principal balance through October 20, 2021, amounts to $4,188.22. Interest continues to accrue on the uripaid principal balance at the rate of $8,03 per day to date of judgment. 8. Plaintiff is also entitled to recover late charges as provided in the loan note(s) in the amount of $158.19. 9. Plaintiff is entitled to recover from the defendants, Anne M. Kuroly and Catherine A. Schwabe, the following amounts: . . Principal $ 72,461.58 Interest to 10/20/21 4,188.22 Late Charges 158.19 Total Due $ 76,807.99 plus interest at the rate of $8.03 per from October 20, 2021, to date of judgment. SECOND CAUSE OF ACTION 10. According to the records of the plaintiff, the defendants, Anne M. and Kuroly Catherine A. Schwabe, defaulted in the payments dus under the bonds and mortgages by failing to make the regular monthly payment of principal and interest due and payable on 2020. May 23, thaSDOC Auc & Schwato, SU.ENDAUURIlCIASURESITRUSŠUOWuroly, E SWWac Cathetinc½MTDU 2 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 EF2021-269048 FILED: RENSSELAER COUNTY CLERK 11 1 4: NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/01/2021 11. Inaddition, the defendants, Anne M. Kuroly and Catherine A. Schwabe, defaulted by falling to pay the taxes on the mortgaged premises. 12. After crediting allpayments actually made by the defendants, Anne M. Kuroly and Catherine A. Schwabe, or any other party, the principal amount due to the plaintiff upon the defendants' default is $7,046.45. 13. Interest has accrued on the unpaid principal balance pursuant to right as provided in the bond(s)/note(s) at a variable rate. Accrued interest on the unpaid principal balance through October 20, 2021, amounts to $431.16. interest continues to accrue on the unpaid principal balance at a rate of $0.77 per day to date of judgment. 14. Plaintiffis also entitled to recover late charges as provided in the loan note(s) in the amount of $7.47. 15. Plaintiff is entitled to recover from the defendants, Anne M. Kuroly and Catherine A. Schwabe, the following amounts: Principal $ 7,046.45 Interest to 10/20/21 431.16 Late Charges 7.47 Total Due $ 7,485.08 plus interest at the rate of $0.77 per from October 20, 2021, to date of judgment. Sept salvador SWORN to before me this day of Or r , 2021. NOTARY PUBLIC SAMANTHA SMITH Notary Public.State of NewYork No, 01SM6386436 Qualifiedin Saratoga County Commission ExpiresJan. 28,20 PAASDOCSu.tNDMW)RHCLOSURINTRUSTCOWurely. Anne& SchwaltCaiterianMTI) ES doc FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 EF2021-269048 |FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM| NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/01/2021 . . * h "A" EXBTB1T 4 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 EF2021-269048 FILED : RENSSELAER COUNTY CLERK 11 1 4 :1 RE SM62W@ 21 ÎÊ, . REb1SEELAER COUNTY CLERK 06/10/2021 11:47 A1WG NYSCEF DOC., NO. 2 RECEIVED NYSCEF: 06/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER . ___-----.--........_..---........----...---......___ TRUSTCO BANK NOTICE OF PENDENCY Plaintiff INDEX No.: - against - MORTGAGED PROPERTY: ANNE M. KUROLY; CATHERINE A. SCHWABE; and 11 Rhode Island Ave DOE," NY "JOHN (said name fictitious,It being the Flensselaer, 12144 being intention of the plaintiff to designate and all COUNTY: Rensselaer any persons In possession of the mortgaged SBL #: 155.9-15-10 premises) Defendant(s) Notice is hereby given that an action has been commenced and le now in this pending court upon the complaint of the above-named pialntiffagainst the above-named for defendant(s) the foreclosure of a mortgage executed by Anne M. and Catherine A. Schwabe dated Kuroly May 24, 2013, and recorded In the Rensselaer County Clerk's Office on June 13 2013, In Book 6813 of Mortgages at Page 242. Also for a home equity credit IIne mortgage dated May 24, 2013, and recorded in the Rensselaer County Clerk's Office on June 13, 2013, in Book 6813 of Mortgages at Page 250. The premises affected by this action are situated within Rensselaer County, known as 155.9 "A" Section Block 15 Lot 10, and are described In Schedule attached hereto. The Olerk of Rensselaer County is hereby directed to index thisnotice against the names of alldefendants. DATED: Melissa M Tobracks, Esq. OVERTON, RUSSELL, DOERR & DONOVAN, LLP Attomeys for Plaintiff 19 Executive Park Drive Clifton Park, New York 12065 (518) 383-4000 NOTE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Annaa Edmba, CatheitnoiPENDENGYEec ‚IDODSUNDAWORECLOSURESTRUSTCO\Kurely, 1 of 2 5 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 EF2021-269048 FILED: RENSSELAER COUNTY CLERK 1 4:11 RE SM6211g@§ 21 "jHEMP4sWELAER COUNTY CLERK 06/10/2021 11: 47 ANQ NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/10/2021 "A" SCHEDULE ALL THAT TRACT OR PARCEL OF LAND situate in the Town .of East Greenbush, County of Rensselaer and State of New York, known as Lots numbers three hundred twenty-four and thee hundred twenty-five (324 and 328) on a map of Clinton Park made for Corliss Realty, Inc. by E.H. Welles, Surveyor, and fi,ledin the Rensselaer County Clerk's Office June 21, 1926, reference to which map is hereby made for a more particular description thereof. . E 2 of 2 6 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 EF2021-2 FILED : RENSSELAER COUNTY CLERK 4 : 1 69048 "0 f256x2 RE1(SÄLAER COUNTY CLERK 07/08/2021 09:26 RE SM02)W@21 AM NYSCEF DOC. No. 4 RECEIVED NYSCEF: 07/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER SUPPLEMENTAL TRUSTCO BANK NOTICE OF PENDENCY Plaintiff 1NDEX NO.: EF2021- - against - . 260048 ANNE M. KUROLY; CATHERINE A. SCHWABE; and MORTGAGED PROPERTY: DOE," Rhode "JOHN (said name being fictitious,it being the 11 Island Ave intention of the plaintiff to designate and all Reneselaer, NY 12144 any persons In possession of the mortgaged COUNTY: Rensselaer premises) SBL #: 155.9-16-10 Defendant(s) . Notice le hereby given that an action has been commenced and le now pending in th|s court upon the complaint of the above-named plaintiffagainst the above-named for defendant(s) the foreclosure of a mortgage executed by Anne M. and Catherine A. Schwabe dated Kuroly May 24, 2013, and recorded in the Rensselaer County Clerk's Office on June 13, 2013, in Book 6513 of Mortgages at Page 242. A•so for a home equity credit line mortgage dated 24, 2013, and recorded in the May Rensselaer County Clerk's Office on June 13, 2013, in Book 6813 of Mortgages at Page 250. The premises affected by this action are situated within Rensselaer ounty, known as Section 155.9 Block 15 Lot "A" 10, and are described in Schedule attached hereto. The Clerk of Rensselaer County ishemby directed to index thisnotice against the names of alldefendants. DATED: July 8, 2021 Inda L. Donovan, Esq. OVERTON, RUSSELL, DOERR & DONOVAN, LLP Attorneys for Plaintiff . 19 Executive Park Drive Clifton Parkr New York 12065 (518}383-4000 NOTE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A UEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HsscocaUNOBORECLQ$URESTAUST00Kurely, Anne4%twabe,CateMASUPPNDP.doo 1 of 2 7 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX.NO. NYSCEF: 03/08/2022 EF2021-269048 FILED : RENSSELAER COUNTY CLERK 11 1 4 :11 . RE D S 62) 21 [xf ÏE R S IAER COUNTY CLERK 07/08/2021 09: 2 6 AM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/08/2021 "A" SCHEDULE ALL THAT TRACT OR PARCEL OF LAND situate in the Town of East Geenbush, County of Rensselaer and State of New York, known as Lots numbers three hundred twenty-four and three hundred twenty-five (324 and 325) on a map of CIInton Park made for Corlise Realty, Inc. by E.H. Welles, Surveyor, and filed in the Rensselaer County Clerk's Office June 21, 1926, reference to which map is hereby made for a more particular description thereof. 2 of 2 8 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO . 03/08/2022 EF2021-269048 iŠLED : RENSSELAER COUNTY CLERK 11 : 11 RE SWg212f 21 P1f.3i RhlSSÈhcLAER COUNTY CLERK 06/10/2021 11: 47 Al) NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ---..------------------------- CE.RTlFICATE OF MERIT TRUSTCO BANK PURSUANT TO CPLR 3012-b Plaintiff INDEX NO.: - against - MORTGAGED PROPERTY: ANNE M. KUROLY; CATHERiNE A. SCHWABE; and 11 Rhode Island Ave DOE," "JOHN (said name being fictillous, it being the Reneselaer, NY 12t44 Intention of the plaintiff to designate any and all COUNTY: Reneselaer persons in possession of the mortgaged premises) SBL #: 155.9-15-10 Defendant(s) Melissa M. Tobrooke, pursuant to CPLR §3012-b (a) and under the penalties of perjury, affirms as follows: . 1. I am an attomey at law duly licensed to practice in the State of New York and am a partner with the Law Firm of Overton, Russell, Doerr & Donovan, LLP, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had-heiein. 2. On May S1, 2021, I communicated with the following representatives of Plaintiff, who Informed me that he (a) personally reviewed plaintiff's documents and recortis relating to this case for factual accuracy; and (b) confirmed the factual accuracy of the allegations set forth in the Compiaint and any supporting affidavits or affirmations filed with the Court, as welf as the accuracy of the notarizations contained in the supporting documents filed therewith: Michelle Simmonds Administrative Vice President 3. Based upon my communloation with Michelle Simmonds, as well as upon my own inspection and other reasonable inquinf under the circumstances, Iaffirm that, to the best of my knowledge, information and belief, the Summons, Complaint and all other papers filed or submitted to the Court in this matter contain no false statements of fact or law. I understand my continu|ng obligat|on to amend this Affirmation light of in newly discovered material facts following Itsfiling. P Amo& 8dusbs, CameimecenKleasaelmarlLdoo H$ASDQGSLINDAtFORE01.OGURESEmUSTOOiKwohr, 1 of 2 9 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 EF2021-269048 FILED : RENSSELAER COUNTY CLERK 11/01/20 21 04: 11 PH Tverrr rc·¬ m 90 RE S Ö211 21 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021 4. I am aware of my obligations under New York Rules of Pròfessional Conduct (22 NYORR Part 1200) and 22 NYCRR Part i30, DKTED: Ju® ) Melissa M. Toprocke, Esq. OVERTON, RUSSELL,DOERR & DONOVAN, LLP Attorney for Plaintiff 19 Executive Park Drive Clifton Park, New York 12005 (518) 383-4000 h it¼SDOCstUNDNOREGLOSLtRES\TRUSTOOMrrohr,Amenschwabs, CInihedndt:eallicate ofmarhJoe 2 of 2 10 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/08/2022 FILED : RENSSELAER COUNTY CLERK 1 1 4 1 INDEX NO. EF2021-269048 : REC 21 !Ô R S,ELAER COUNTY CLERK-06/10/2021 11 : 47 D N 62p AN| NYSCE F DOC. NO. 1 . . RECEIVED NYSCEF: 06/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER TRUSTCO BANK SUMMONS Pialntiff INDEX NO.: - aga|nst- MORTGAGED PROPERTY: ANNE M. KUROLY; CATHERINE A. SCHWABE; and 11 Rhode Island Ave DOE," "JOHN (said name being fictitious, itbeing the Rensselaer, NY 12144 Entention of the plaintiffto designate and all COUNTY: Rensselaer any persons in premises)· SBL #: 155.9-15-10 possession of the mortgaged Date Filed Defendant(s) TO THE ABOVE-NAMED DEFENDANT(S): . . YOU ARE HEREBY SUMMONED to answer the complaint In this action and to serve a copy of your answer on the pla|ntiff's attorneys within days after service of this twenty summons, exclusive of the day of service, or within days after completion of service where service is thirty made in any other manner than by personal within the State. The United States of delivery America, ifdesignated as a answer or appear within days after service. In defendant, may sixty case of your failure to answer, judgment will be taken against you default for the relief by demanded inthe complaint. NOTICE YOU ARE IN DANGER OF_L08tNG.YOUR HOME if you do not mspond to this summons and complaint a of by serving copy the answer on the attorney for the mortgage company who fHed th[o foreolosure pmceeding against you and filing the answer with a the. court, default Judgment may be entered and you omn fose your home. Speak to an attorney or go to the court where your cass la for pending further Information on how to answer the summons and protnot your Property. Sending a payment to your mortgage wHI not this foreclosure company stop action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWEin ON THE ATTORNEY FOR THE PLAINTAFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. HSASDOGSUNDAVDREOLOSUREETRUSTCOWurch6Annessdembs,CamurtneWVC.FORE (NO90DAYNOTICP“duc 1 of 35 . 11 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX NYSCEF: NO. 03/08/2022 E F2021-269048 FILED: RENSSELAER COUNTY CLERK 11 1 : Tf&BrahsisaEn couwrr cLzar os/10/2021 11:4T m =sesosseene2tigeuss²1 NY SCÈ F DOC. No. 1 RECEIVED NYSCEF: 06/10/2021 The baals of venue Is the location of the mortgaged premises. DATED: D Melissa M. Tobrocke,Esq. OVERTON, RUSSELL, DOERR & DONOVAN, LLP Attomeys for Plaintiff 19 Executive Park Drive Clifton Park, NewYork12065 (518)383-4000 . NOTE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TEIAT PURPOSE. HAA3EIOd$11NDAlFOREOLOSURETRUSTCOWeek,Ams & schants,OatherinesvofoaE(Nþ80DAYNOTICEh4o 2 of 35 12 of 45 FILED: RENSSELAER COUNTY CLERK 03/08/2022 12:51 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 43 RECEIVED INDEX·NO. NYSCEF: 03/08/2022 FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM| EF2021-269048 62))21 ED: R,NSSELAER COUNTY CLERK 06/10/2021 11:47 AM) NYSC2F Doc, NO. 1 RECEIVED NYSCEF: 06/10/2021 SUPREME COURT