Preview
FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ESSEX
GLENS FALLS NATIONAL BANK & TRUST
COMPANY,
FORECLOSURE COMPLAINT
Plaintiff,
-against-
ERNEST R. LABARGE; LISA A. LABARGE;
JPMORGAN CHASE BANK, N.A.; MIDLAND
CREDIT MANAGEMENT, INC.; PEOPLE OF THE
STATE OF NEW YORK STATE; SECRETARY OF
DEPARTMENT OF THE TREASURY OF THE
UNITED STATES OF AMERICA; “JOHN DOE #1-
#50” and “MARY ROE #1- #50”, the last two names
being fictitious, it being intended to name all other parties
who may have some interest in or lien upon the premises
described in the complaint,
Defendants.
The plaintiff, complaining of the defendants, by its attorneys, McMichael Taylor Gray,
LLC, alleges as follows:
1. The plaintiff is and was at all times mentioned a national banking organization, duly
formed and organized in the United States of America, and authorized to conduct business in New
York.
2. Upon information and belief, the non-governmental defendants listed in Schedule A of
this complaint, and the governmental defendants listed in Schedule B, have a claim to or some
interest in the mortgaged premises, or some part thereof, that accrued subsequent to the plaintiff’s
mortgage, and are subordinate to the plaintiff’s mortgage.
3. Upon information and belief, defendants “JOHN DOE” and “MARY ROE” listed in
the caption are tenants, occupants, persons or corporations, having or claiming an interest in the
premises described in this complaint.
2
1 of 5
FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022
4. Defendant Ernest R. Labarge duly executed, acknowledged, and delivered to the
plaintiff the debt instrument attached at Schedule C, which is a true and exact copy of the original
(the “Note”). The Note memorializes Ernest R. Labarge’s promise to pay $84,750.00, with interest,
to the owner or holder of the Note, in accordance with its terms.
5. As security for the payment of the indebtedness memorialized in the Note, Ernest R.
LaBarge and Lisa A. LaBarge executed, acknowledged, and delivered to the plaintiff the mortgage
attached as Schedule D (the “Mortgage”).
6. The Mortgage was recorded in the Office of the Essex County Clerk, and any applicable
mortgage tax was paid.
7. The plaintiff is the sole, true, and lawful owner and/or holder of Note and Mortgage
(cumulatively, the “Mortgage Loan”).
8. Ernest R. Labarge failed to comply with the terms and conditions of the Note, and
defaulted thereunder, by failing to pay the principal, interest, taxes, assessments, water rents,
insurance premiums, escrow, and/or other charges that were due on September 1, 2021, and each
payment coming due thereafter, and/or by failing to perform a covenant contained in the Mortgage
Loan. Ernest R. Labarge’s default on the Note is an event of default on the Mortgage executed by
Ernest R. LaBarge and Lisa A. LaBarge.
9. The plaintiff elects to call due the entire amount secured by the Mortgage Loan.
10. To protect its security interest in the subject real property, the plaintiff has been, and/or
may be compelled during the pendency of this action to pay local taxes, assessments, water rents,
insurance premiums, F.H.A. or Veterans Administration premiums or charges, and other charges
affecting the mortgaged premises. As such, the plaintiff reserves its right to add any sums expended
2 of 5
FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022
for these purposes, with interest, to the sum otherwise due, and to deem those additional sums
secured by the Mortgage Loan, and adjudged a valid lien against the mortgaged premises.
11. In the Mortgage Loan, Ernest R. LaBarge and Lisa A. LaBarge agreed to pay plaintiff’s
reasonable attorneys’ fees in connection with this action, which fees are deemed secured by the
Mortgage, and a lien on the premises prior to any right, title, claim, or interest in, to, or upon the
mortgaged premises attaching or accruing subsequent to the lien of the Mortgage.
12. The plaintiffadvanced the loan proceeds in accordance with the terms of the Note, and
Ernest R. Labarge received those proceeds.
13. The plaintiff shall not be deemed to have waived, released, or changed the election
hereinbefore made by reason of the payment, after the date of commencement of this action, of
any and all of the defaults mentioned herein; and such election shall remain effective until the costs
and disbursements of this action, and any future defaults under the Mortgage Loan occurring prior
to the discontinuance of this action, are fully paid.
14. There are no other pending proceedings to collect or enforce the Mortgage Loan, nor
has any part of the mortgage debt been collected as a result of any legal proceedings.
15. If applicable, the plaintiff and the Mortgage Loan are, and all times relevant have been,
in compliance with NYS Banking Law §§ 6-l, 6-m, and 595-a, and any rules and regulations
promulgated thereunder.
16. The plaintiff complied with RPAPL § 1304. A notice, dated October 18, 2021, with the
required Housing Counseling Agency list, was mailed separately to the borrower, in strict
conformance with the requirements set forth in RPAPL § 1304. A copy of the notice, with proof
of mailing, is attached as Schedule E.
3 of 5
FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022
17. The plaintiff complied with RPAPL § 1306 by filing the required mailing information
related to the RPAPL § 1304 pre-foreclosure notices with the Department of Financial Services,
within three business days of the mailings. A copy of the DFS filing receipt is attached as Schedule
E
18. The plaintiff complied with NYS Banking Law § 9-x by making applications for
forbearance widely available to each qualified mortgagor who has demonstrated financial hardship
during the covered period.
19. The plaintiff will comply with CPLR § 3012-b by filing a Certificate of Merit
concurrently with this complaint.
20. Schedules A through E of this complaint are expressly incorporated herein and made
a part hereof for all purposes, with the same force and effect as if they were fully set forth herein.
WHEREFORE, the plaintiff demands judgment
a. Barring and forever foreclosing each defendant’s right, title, claim, lien, and equity
of redemption in and to the real property described in the Mortgage; and
b. Ordering the sale of the mortgaged premises, according to law, and ordering that
the moneys arising from the sale be brought in to court, and then distributed to pay the expenses
of the sale, the full balance of the indebtedness, the costs and disbursements of the action, the
plaintiff’s reasonable attorneys’ fees, and any sums paid by the plaintiff, now or in the future, for
insurance premiums, taxes, water rents, sewer rents, or charges, costs, or expenses of any kind that
are in any way related to the mortgaged premises, with interest; and
c. If requested by the plaintiff, appointing a receiver of the rents and profits of the
mortgaged premises; and
4 of 5
FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022
d. If requested by the plaintiff, granting a money judgment against Ernest R. Labarge
for any deficiency that may result after the foreclosure sale proceeds are applied to the outstanding
debt, unless discharged in bankruptcy; and
e. Awarding the plaintiff such other and further relief the court deems just and proper.
Dated: June 8, 2022
MCMICHAEL TAYLOR GRAY, LLC
By: s/ Gregory J. Sanda
Gregory J. Sanda, Esq.
Attorneys for plaintiff
3550 Engineering Drive; Suite 260
Peachtree Corners, GA 30092
(404) 474-7149
5 of 5
Preview
FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ESSEX GLENS FALLS NATIONAL BANK & TRUST COMPANY, FORECLOSURE COMPLAINT Plaintiff, -against- ERNEST R. LABARGE; LISA A. LABARGE; JPMORGAN CHASE BANK, N.A.; MIDLAND CREDIT MANAGEMENT, INC.; PEOPLE OF THE STATE OF NEW YORK STATE; SECRETARY OF DEPARTMENT OF THE TREASURY OF THE UNITED STATES OF AMERICA; “JOHN DOE #1- #50” and “MARY ROE #1- #50”, the last two names being fictitious, it being intended to name all other parties who may have some interest in or lien upon the premises described in the complaint, Defendants. The plaintiff, complaining of the defendants, by its attorneys, McMichael Taylor Gray, LLC, alleges as follows: 1. The plaintiff is and was at all times mentioned a national banking organization, duly formed and organized in the United States of America, and authorized to conduct business in New York. 2. Upon information and belief, the non-governmental defendants listed in Schedule A of this complaint, and the governmental defendants listed in Schedule B, have a claim to or some interest in the mortgaged premises, or some part thereof, that accrued subsequent to the plaintiff’s mortgage, and are subordinate to the plaintiff’s mortgage. 3. Upon information and belief, defendants “JOHN DOE” and “MARY ROE” listed in the caption are tenants, occupants, persons or corporations, having or claiming an interest in the premises described in this complaint. 2 1 of 5 FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022 4. Defendant Ernest R. Labarge duly executed, acknowledged, and delivered to the plaintiff the debt instrument attached at Schedule C, which is a true and exact copy of the original (the “Note”). The Note memorializes Ernest R. Labarge’s promise to pay $84,750.00, with interest, to the owner or holder of the Note, in accordance with its terms. 5. As security for the payment of the indebtedness memorialized in the Note, Ernest R. LaBarge and Lisa A. LaBarge executed, acknowledged, and delivered to the plaintiff the mortgage attached as Schedule D (the “Mortgage”). 6. The Mortgage was recorded in the Office of the Essex County Clerk, and any applicable mortgage tax was paid. 7. The plaintiff is the sole, true, and lawful owner and/or holder of Note and Mortgage (cumulatively, the “Mortgage Loan”). 8. Ernest R. Labarge failed to comply with the terms and conditions of the Note, and defaulted thereunder, by failing to pay the principal, interest, taxes, assessments, water rents, insurance premiums, escrow, and/or other charges that were due on September 1, 2021, and each payment coming due thereafter, and/or by failing to perform a covenant contained in the Mortgage Loan. Ernest R. Labarge’s default on the Note is an event of default on the Mortgage executed by Ernest R. LaBarge and Lisa A. LaBarge. 9. The plaintiff elects to call due the entire amount secured by the Mortgage Loan. 10. To protect its security interest in the subject real property, the plaintiff has been, and/or may be compelled during the pendency of this action to pay local taxes, assessments, water rents, insurance premiums, F.H.A. or Veterans Administration premiums or charges, and other charges affecting the mortgaged premises. As such, the plaintiff reserves its right to add any sums expended 2 of 5 FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022 for these purposes, with interest, to the sum otherwise due, and to deem those additional sums secured by the Mortgage Loan, and adjudged a valid lien against the mortgaged premises. 11. In the Mortgage Loan, Ernest R. LaBarge and Lisa A. LaBarge agreed to pay plaintiff’s reasonable attorneys’ fees in connection with this action, which fees are deemed secured by the Mortgage, and a lien on the premises prior to any right, title, claim, or interest in, to, or upon the mortgaged premises attaching or accruing subsequent to the lien of the Mortgage. 12. The plaintiffadvanced the loan proceeds in accordance with the terms of the Note, and Ernest R. Labarge received those proceeds. 13. The plaintiff shall not be deemed to have waived, released, or changed the election hereinbefore made by reason of the payment, after the date of commencement of this action, of any and all of the defaults mentioned herein; and such election shall remain effective until the costs and disbursements of this action, and any future defaults under the Mortgage Loan occurring prior to the discontinuance of this action, are fully paid. 14. There are no other pending proceedings to collect or enforce the Mortgage Loan, nor has any part of the mortgage debt been collected as a result of any legal proceedings. 15. If applicable, the plaintiff and the Mortgage Loan are, and all times relevant have been, in compliance with NYS Banking Law §§ 6-l, 6-m, and 595-a, and any rules and regulations promulgated thereunder. 16. The plaintiff complied with RPAPL § 1304. A notice, dated October 18, 2021, with the required Housing Counseling Agency list, was mailed separately to the borrower, in strict conformance with the requirements set forth in RPAPL § 1304. A copy of the notice, with proof of mailing, is attached as Schedule E. 3 of 5 FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022 17. The plaintiff complied with RPAPL § 1306 by filing the required mailing information related to the RPAPL § 1304 pre-foreclosure notices with the Department of Financial Services, within three business days of the mailings. A copy of the DFS filing receipt is attached as Schedule E 18. The plaintiff complied with NYS Banking Law § 9-x by making applications for forbearance widely available to each qualified mortgagor who has demonstrated financial hardship during the covered period. 19. The plaintiff will comply with CPLR § 3012-b by filing a Certificate of Merit concurrently with this complaint. 20. Schedules A through E of this complaint are expressly incorporated herein and made a part hereof for all purposes, with the same force and effect as if they were fully set forth herein. WHEREFORE, the plaintiff demands judgment a. Barring and forever foreclosing each defendant’s right, title, claim, lien, and equity of redemption in and to the real property described in the Mortgage; and b. Ordering the sale of the mortgaged premises, according to law, and ordering that the moneys arising from the sale be brought in to court, and then distributed to pay the expenses of the sale, the full balance of the indebtedness, the costs and disbursements of the action, the plaintiff’s reasonable attorneys’ fees, and any sums paid by the plaintiff, now or in the future, for insurance premiums, taxes, water rents, sewer rents, or charges, costs, or expenses of any kind that are in any way related to the mortgaged premises, with interest; and c. If requested by the plaintiff, appointing a receiver of the rents and profits of the mortgaged premises; and 4 of 5 FILED: ESSEX COUNTY CLERK 06/10/2022 12:36 PM INDEX NO. CV22-0211 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2022 d. If requested by the plaintiff, granting a money judgment against Ernest R. Labarge for any deficiency that may result after the foreclosure sale proceeds are applied to the outstanding debt, unless discharged in bankruptcy; and e. Awarding the plaintiff such other and further relief the court deems just and proper. Dated: June 8, 2022 MCMICHAEL TAYLOR GRAY, LLC By: s/ Gregory J. Sanda Gregory J. Sanda, Esq. Attorneys for plaintiff 3550 Engineering Drive; Suite 260 Peachtree Corners, GA 30092 (404) 474-7149 5 of 5