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FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022
EXHIBIT “A”
FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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RICHARD VON DER LIETH,
Plaintiff, 2021-51452
Index No.:______________
-against- 4/21/2021
D/O/F:________________
BARBARA GIORDANO A/K/A BARBARA LEONAGGEO
A/K/A BARBARA GIORDANO-LEONAGGEO, ROGER
LEONAGGEO, JACK GIORDANO, m-m2 RE HOLDINGS
4, LLC, H&L EQUINE, LLC, PORTFOLIO RECOVERY
ASSOCIATES, LLC, RAZOR CAPITAL II, LLC A/P/O SUMMONS
CREDIT ONE BANK, N.A., CATANIA, MAHON,
MILLIGRAM & RIDER, PLLC, “JOHN DOE #1-10” and
“JANE DOE #1-10”, AS POSSIBLE HEIRS AND
DISTRIBUTEES OF THE INTEREST OF JACK
GIORDANO, IF DECEASED, “JOHN DOE #1-10” and
“JANE DOE #1-10”, said names being fictitious parties
Intended being possible tenants or occupants of premises,
corporations, other entities or persons who claim, or may
claim, a lien against the premises,
Defendants.
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TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve
a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance on the Plaintiff’s attorneys within twenty (20) days after the service of this
Summons, exclusive of the day of service (or within 30 days after the service is complete if this
Summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the Complaint.
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NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022
HELP FOR HOMEOWNERS IN FORECLOSURE
NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE
ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.
SUMMONS AND COMPLAINT
YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND
TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU
MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT
CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR
YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO
PROTECT YOURSELF.
SOURCES OF INFORMATION AND ASSISTANCE
THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR
OPTIONS IN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCE FROM
AN ATTORNEY OR LEGAL AID OFFICE, THERE ARE GOVERNMENT
AGENCIES AND NON-PROFIT ORGANIZATIONS THAT YOU MAY CONTACT
FOR INFORMATION ABOUT POSSIBLE OPTIONS, INCLUDING TRYING TO
WORK WITH YOUR LENDER DURING THIS PROCESS.
TO LOCATE AN ENTITY NEAR YOU, YOU MAY CALL THE TOLL-FREE
HELPLINE MAINTAINED BY THE NEW YORK STATE DEPARTMENT OF
FINANCIAL SERVICES AT 1-800-342-3736 OR VISIT THE DEPARTMENT’S
WEBSITE AT http://www.dfs.ny.gov.
RIGHTS AND OBLIGATIONS
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU
HAVE THE RIGHT TO STAY IN YOUR HOME DURING THE FORECLOSURE
PROCESS. YOU ARE NOT REQUIRED TO LEAVE YOUR HOME UNLESS AND
UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A JUDGMENT
OF FORECLOSURE AND SALE.
REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME,
YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY AND PAY
PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW.
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NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022
FORECLOSURE RESCUE SCAMS
BE CAREFUL OF PEOPLE WHO APPROACH YOU WITH OFFERS TO “SAVE”
YOUR HOME. THERE ARE INDIVIDUALS WHO WATCH FOR NOTICES OF
FORECLOSURE ACTIONS IN ORDER TO UNFAIRLY PROFIT FROM A
HOMEOWNER’S DISTRESS. YOU SHOULD BE EXTREMELY CAREFUL
ABOUT ANY SUCH PROMISES AND ANY SUGGESTIONS THAT YOU PAY
THEM A FEE OR SIGN OVER YOUR DEED. STATE LAW REQUIRES ANYONE
OFFERING SUCH SERVICES FOR PROFIT TO ENTER INTO A CONTRACT
WHICH FULLY DESCRIBES THE SERVICES THEY WILL PERFORM AND FEES
THEY WILL CHARGE, AND WHICH PROHIBITS THEM FROM TAKING ANY
MONEY FROM YOU UNTIL THEY HAVE COMPLETED ALL SUCH PROMISED
SERVICES.
§ 1303 NOTICE
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NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022
Plaintiff designated Dutchess County as the place of Trial. The basis of the venue is
where the subject premises is located.
Dated: Poughkeepsie, New York
April 20, 2021
Yours, etc.,
HANDEL & CARLINI, LLP
By:___________________________________________
Anthony C. Carlini, Jr., Esq.
Attorneys for Plaintiff
Office and P.O. Address:
1984 New Hackensack Road
Poughkeepsie, New York 12603
Tel. No. (845) 454-2221
TO: BARBARA GIORDANO
a/k/a BARBARA LEONAGGEO
a/k/a BARBARA GIORDANO-LEONAGGEO
150 Homan Road
Stanfordville, New York 12581
ROGER LEONAGGEO
150 Homan Road
Stanfordville, New York 12581
JACK GIORDANO
150 Homan Road
Stanfordville, New York 12581
m-m2 RE Holdings 4, LLC
131 Allen Road
Salt Point, New York 12578
H&L EQUINE, LLC
2975 Westchester Avenue
Suite 207
Purchase, New York 10577
PORTFOLIO RECOVERY ASSOCIATES, LLC
5425 Robin Hood Road
Norfolk, Virginia 23513-2441
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RAZOR CAPITAL II, LLC
A/P/O CREDIT ONE BANK, N.A.
8000 NORMAN CN DR860
Bloomington, Minnesota 55437
CATANIA, MAHON, MILLIGRAM & RIDER, PLLC
One Corwin Court
Newburgh, New York 12550
JOHN DOE #1-10 – POSSIBLE HEIRS AND DISTRIBUTEES
OF THE INTEREST OF JACK GIORDANO, if Deceased
JANE DOE #1-10 – POSSIBLE HEIRS AND DISTRIBUTEES
OF THE INTEREST OF JACK GIORDANO, if Deceased
JOHN DOE #1-10 – POSSIBLE PARTIES OR PERSONS IN POSSESSION
JANE DOE #1-10 – POSSIBLE PARTIES OR PERSONS IN POSSESSION
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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RICHARD VON DER LIETH,
Plaintiff, Index 2021-51452
No.:______________
-against- 4/21/2021
D/O/F:__________________
BARBARA GIORDANO A/K/A BARBARA LEONAGGEO VERIFIED COMPLAINT
A/K/A BARBARA GIORDANO-LEONAGGEO, ROGER Agricultural Mortgage
LEONAGGEO, JACK GIORDANO, m-m2 RE HOLDINGS
4, LLC, H&L EQUINE, LLC, PORTFOLIO RECOVERY Mortgaged Premises:
ASSOCIATES, LLC, RAZOR CAPITAL II, LLC A/P/O 150 Homan Road
CREDIT ONE BANK, N.A., CATANIA, MAHON, Stanfordville, NY 12581
MILLIGRAM & RIDER, PLLC, “JOHN DOE #1-10” and
“JANE DOE #1-10”, AS POSSIBLE HEIRS AND SBL#: 6669-00-533189-00
DISTRIBUTEES OF THE INTEREST OF JACK
GIORDANO, IF DECEASED, “JOHN DOE #1-10” and
“JANE DOE #1-10”, said names being fictitious parties
intended being possible tenants or occupants of premises,
corporations, other entities or persons who claim, or may
claim, a lien against the premises,
Defendants.
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The Plaintiff, by his attorneys, Handel & Carlini, LLP, complains and alleges of the
Defendants, upon information and belief, as follows:
1. The Plaintiff, RICHARD VON DER LIETH, at all times hereinafter mentioned, is
an individual with an address of 38 White School House Road, Rhinebeck, New York 12572.
2. Upon information and belief, Defendant BARBARA GIORDANO A/K/A
BARBARA LEONAGGEO A/K/A BARBARA GIORDANO-LEONAGGEO, is an individual
residing at 150 Homan Road, Stanfordville, New York 12581 and has a possible fee interest in
the premises being foreclosed herein at Document No. 01-2016/761.
3. Upon information and belief, Defendant ROGER LEONAGGEO is an individual
residing at 150 Homan Road, Stanfordville, New York 12581 and has a possible fee interest in
the premises being foreclosed herein at Document No. 01-2016/761.
4. The Defendant, JACK GIORDANO (BE HE ALIVE OR DEAD), having a last
known address of 150 Homan Road, Stanfordville, New York 12581 and has (had) a possible fee
interest in the premises being foreclosed herein at Document No. 01-2016/761.
5. The Defendant, m-m2 RE HOLDINGS 4, LLC, having an address of 131 Allen
Road, Salt Point, New York 12578 is named as a Defendant in this action as it has a possible fee
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interest in the premises being foreclosed herein under Document No. 02-2016/6994 and as
subordinate Mortgagee under Document No. 01-2017/5905, both documents having been
recorded after the mortgage which is the subject of the instant foreclosure.
6. The Defendant, H&L EQUINE, LLC, having an address of 2975 Westchester
Avenue, Suite 207, Purchase, New York 10577, is made a Defendant in this action as a Contract
Vendee under Contract of Sale at Document No. 02-2004/14134.
7. The Defendant, PORTFOLIO RECOVERY ASSOCIATES, LLC, having an
address of 5425 Robin Hood Road, Norfolk, Virginia 23513-2441, is made a Defendant in this
action in its capacity as a Judgment Creditor at Index No. 2011/1934C.
8. The Defendant, RAZOR CAPITAL II, LLC, A/P/O CREDIT ONE BANK, N.A.,
having an address of 8000 Norman CN DR860, Bloomington, Minnesota 55437, is made a
Defendant in this action in its capacity as a Judgment Creditor at Index No. 2014/2927C.
9. The Defendant, CATANIA, MAHON, MILLIGRAM & RIDER, PLLC, having
an address of One Corwin Court, Newburgh, New York 12550, is made a Defendant in this
action in its capacity as a Judgment Creditor at Index No. 2016/52229C.
LOAN DOCUMENTS
10. On or about December 22, 2015, BARBARA GIORDANO-LEONAGGEO,
ROGER LEONAGGEO, JACK GIORDANO (signed “Deceased” by Maker) and JOSEPHINE
GIORDANO (signed “Deceased” by Maker), for the purpose of securing the payment to
RICHARD VON DER LIETH of the principal sum of $35,000.00, with interest thereon, for a
valuable consideration, executed and delivered to RICHARD VON DER LIETH a Promissory
Note dated on that day whereby said Mortgagors undertook and promised to pay to RICHARD
VON DER LIETH the aforesaid principal sum and interest thereon at the rate provided therein.
A copy of said Promissory Note is annexed hereto and made a part hereof as Exhibit “A”.
11. As security for the payment of said indebtedness, the Mortgagors gave to
RICHARD VON DER LIETH a Mortgage, whereby Mortgagors mortgaged to said RICHARD
VON DER LIETH the premises known as Homan Road, Stanfordville, Town of Stanford,
Dutchess County, New York 12581 (6669-00-533189-0000), described in said Mortgage,
together with the appurtenances thereto and all fixtures and articles of personal property annexed
to or used in connection with the mortgaged premises, as is more fully set forth in said Mortgage.
12. Said Mortgage was duly recorded in the office of the Dutchess County Clerk on
February 3, 2016 as Document No. 01-2016/761. The mortgage recording tax thereon was duly
paid.
13. The premises encumbered by said Mortgage is more particularly described in the
Mortgage which is annexed hereto and made a part hereof as Exhibit “B”.
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14. On December 22, 2015, Mortgagors and Plaintiff entered into a Letter Agreement,
a copy of which is annexed hereto as Exhibit “C”.
15. Said Promissory Note and Mortgage provide that in case of default in the payment
of any principal or interest that might become due thereon, or in case of a default in the
compliance with the other terms, covenants or conditions of the Promissory Note and Mortgage,
the holder of the Mortgage could declare the entire indebtedness secured by the Mortgage
immediately due and payable and commence an action to foreclose the Mortgage pursuant to
applicable law.
16. The Plaintiff is the owner and holder of said Promissory Note and Mortgage
recorded as Document No. 01-2016/761.
17. The instant transaction concerns a commercial loan secured by mixed use
premises; however, if applicable, the Mortgage originated in compliance with Banking Law
Sections 595-a and 6-1 or 6-m and the Plaintiff has complied with all of the provisions of Section
595-a of the Banking law and any rules and regulations promulgated thereunder, Section 6-1 and
6-m of the Banking Law, and Section 1304 of the Real Property Actions and Proceedings Law.
18. The Loan is not a “home loan” as defined in Section 6-e of the New York
Banking Law, as debt incurred by the Borrowers was not primarily for personal, family or
household purposes.
AS AND FOR A FIRST CAUSE OF ACTION
19. The Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1 through 18 above.
20. The Mortgagors have failed to pay the loan when it matured on December 22,
2016.
21. By reason of such default, the Plaintiff has duly elected to declare the entire
balance of the principal sum secured by said Promissory Note and Mortgage to become
immediately due and payable.
22. There is now due and owing to the Plaintiff under said Promissory Note and
Mortgage principal in the sum of THIRTY-FIVE THOUSAND ($35,000.00) DOLLARS, with
interest thereon, from December 22, 2015 at the default rate of 12.00% per annum, together with
other charges and fees as may be provided for in the Loan Documents.
23. In order to protect its security, the Plaintiff may be compelled, during the
pendency of this action, to pay sums for premiums on insurance policies, real estate taxes,
assessments, water charges and sewer rents which are or may become liens on the mortgaged
premises, and other charges which may be necessary for the protection of the mortgaged
premises, and the Plaintiff prays that any sum or sums so paid, together with interest from the
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date of payment, shall be added to the Plaintiff’s claim and be deemed secured by said
Promissory Note and Mortgage and adjudged a valid lien on the mortgaged premises, and that
the Plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of
the mortgaged premises.
24. Each of the above named Defendants have or claims to have some interest in or lien
upon the mortgaged premises or some part thereof, which interest or lien, if any, has accrued
subsequent to the lien of said Promissory Note and Mortgage and is subject and subordinate
thereto.
25. No other action or proceeding has been had at law or otherwise for the recovery of
said sum so secured by said Promissory Note and Mortgage or any part thereof, except as set
forth herein.
26. The Mortgage provides that, in the case of foreclosure, the mortgaged premises
may be sold in one parcel.
27. The mortgaged premises under foreclosure herein is subject to any state of facts an
accurate survey would show; and to covenants, restrictions, reservations, easements and
agreements of record, if any, and any violations thereof; and to building restrictions and zoning
ordinances of the town or municipality in which said mortgaged premises are situate, if any, and
any violations thereof; and to conditional bills of sale, security agreements and financing
statements filed in connection with said mortgaged premises, if any, but only to the extent that
any of the foregoing are not barred or foreclosed by this action; and to all unpaid real estate
taxes, assessments, water charges and sewer rents, which are liens upon the premises but are not
due or payable as of the time of the sale. In addition, the purchaser of the mortgaged premises
at the foreclosure sale shall be required to pay all applicable local and State transfer taxes, deed
stamps or other taxes due in connection with the transfer of the mortgaged premises.
28. 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 Promissory Note and Mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
AS AND FOR A SECOND CAUSE OF ACTION
29. The Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1 through 28 above.
30. In the Promissory Note and Mortgage hereinbefore described, the Mortgagors
agreed to pay the reasonable attorneys' fees of the holder of the Promissory Note and Mortgage
in the event of a default under the Promissory Note and Mortgage and the commencement of a
suit to foreclose the same.
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WHEREFORE, the Plaintiff demands judgment that the Defendants and all persons
claiming under them or any of them, subsequent to the filing of the notice of pendency of this
action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises; that said mortgaged premises may be decreed to be sold in one parcel
according to law and subject to the items herein set forth; that the money arising from the sale
may be brought into court; that the Plaintiff may be paid the amount of principal and interest due
on said Promissory Note and Mortgage as hereinbefore set forth with interest to the time of such
payment, and any sums paid by the Plaintiff for real estate taxes, assessments, water charges and
sewer rents, insurance premium and other necessary charges or expenses to protect the lien of the
Promissory Note and Mortgage, and any sums expended for the protection or preservation of the
property covered by said Promissory Note and Mortgage, with interest thereon from the time of
such payment, and reasonable attorneys' fees as demanded in the second cause of action, and the
costs and disbursements of this action, and all other amounts due the Plaintiff under said
Promissory Note and Mortgage; that unless a discharge in bankruptcy has been received
discharging the obligations being foreclosed herein, the Defendants BARBARA GIORDANO
A/K/A BARBARA LEONAGGEO A/K/A BARBARA GIORDANO-LEONAGGEO and
ROGER LEONAGGEO may be adjudged to pay any deficiency which may remain, after
applying all moneys received from the sale of the mortgaged premises, of the indebtedness
secured by the Promissory Note and Mortgage or to be paid to the Plaintiff as costs or otherwise
hereunder; and that the Plaintiff may have such other and further relief in the mortgaged
premises as may be just and equitable.
Dated: Poughkeepsie, New York
April 20, 2021
Yours, etc.
HANDEL & CARLINI, LLP
By:_____________________________________
Anthony C. Carlini, Jr., Esq.
Attorneys for Plaintiff
Office and P.O. Address:
1984 New Hackensack Road
Poughkeepsie, NY 12603
Tel. No. (845) 454-2221
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Preview
FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 EXHIBIT “A” FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ---------------------------------------------------------------------------X RICHARD VON DER LIETH, Plaintiff, 2021-51452 Index No.:______________ -against- 4/21/2021 D/O/F:________________ BARBARA GIORDANO A/K/A BARBARA LEONAGGEO A/K/A BARBARA GIORDANO-LEONAGGEO, ROGER LEONAGGEO, JACK GIORDANO, m-m2 RE HOLDINGS 4, LLC, H&L EQUINE, LLC, PORTFOLIO RECOVERY ASSOCIATES, LLC, RAZOR CAPITAL II, LLC A/P/O SUMMONS CREDIT ONE BANK, N.A., CATANIA, MAHON, MILLIGRAM & RIDER, PLLC, “JOHN DOE #1-10” and “JANE DOE #1-10”, AS POSSIBLE HEIRS AND DISTRIBUTEES OF THE INTEREST OF JACK GIORDANO, IF DECEASED, “JOHN DOE #1-10” and “JANE DOE #1-10”, said names being fictitious parties Intended being possible tenants or occupants of premises, corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants. ---------------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiff’s attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR OPTIONS IN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCE FROM AN ATTORNEY OR LEGAL AID OFFICE, THERE ARE GOVERNMENT AGENCIES AND NON-PROFIT ORGANIZATIONS THAT YOU MAY CONTACT FOR INFORMATION ABOUT POSSIBLE OPTIONS, INCLUDING TRYING TO WORK WITH YOUR LENDER DURING THIS PROCESS. TO LOCATE AN ENTITY NEAR YOU, YOU MAY CALL THE TOLL-FREE HELPLINE MAINTAINED BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES AT 1-800-342-3736 OR VISIT THE DEPARTMENT’S WEBSITE AT http://www.dfs.ny.gov. RIGHTS AND OBLIGATIONS YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU HAVE THE RIGHT TO STAY IN YOUR HOME DURING THE FORECLOSURE PROCESS. YOU ARE NOT REQUIRED TO LEAVE YOUR HOME UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE. REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY AND PAY PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW. FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 FORECLOSURE RESCUE SCAMS BE CAREFUL OF PEOPLE WHO APPROACH YOU WITH OFFERS TO “SAVE” YOUR HOME. THERE ARE INDIVIDUALS WHO WATCH FOR NOTICES OF FORECLOSURE ACTIONS IN ORDER TO UNFAIRLY PROFIT FROM A HOMEOWNER’S DISTRESS. YOU SHOULD BE EXTREMELY CAREFUL ABOUT ANY SUCH PROMISES AND ANY SUGGESTIONS THAT YOU PAY THEM A FEE OR SIGN OVER YOUR DEED. STATE LAW REQUIRES ANYONE OFFERING SUCH SERVICES FOR PROFIT TO ENTER INTO A CONTRACT WHICH FULLY DESCRIBES THE SERVICES THEY WILL PERFORM AND FEES THEY WILL CHARGE, AND WHICH PROHIBITS THEM FROM TAKING ANY MONEY FROM YOU UNTIL THEY HAVE COMPLETED ALL SUCH PROMISED SERVICES. § 1303 NOTICE FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 Plaintiff designated Dutchess County as the place of Trial. The basis of the venue is where the subject premises is located. Dated: Poughkeepsie, New York April 20, 2021 Yours, etc., HANDEL & CARLINI, LLP By:___________________________________________ Anthony C. Carlini, Jr., Esq. Attorneys for Plaintiff Office and P.O. Address: 1984 New Hackensack Road Poughkeepsie, New York 12603 Tel. No. (845) 454-2221 TO: BARBARA GIORDANO a/k/a BARBARA LEONAGGEO a/k/a BARBARA GIORDANO-LEONAGGEO 150 Homan Road Stanfordville, New York 12581 ROGER LEONAGGEO 150 Homan Road Stanfordville, New York 12581 JACK GIORDANO 150 Homan Road Stanfordville, New York 12581 m-m2 RE Holdings 4, LLC 131 Allen Road Salt Point, New York 12578 H&L EQUINE, LLC 2975 Westchester Avenue Suite 207 Purchase, New York 10577 PORTFOLIO RECOVERY ASSOCIATES, LLC 5425 Robin Hood Road Norfolk, Virginia 23513-2441 FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 RAZOR CAPITAL II, LLC A/P/O CREDIT ONE BANK, N.A. 8000 NORMAN CN DR860 Bloomington, Minnesota 55437 CATANIA, MAHON, MILLIGRAM & RIDER, PLLC One Corwin Court Newburgh, New York 12550 JOHN DOE #1-10 – POSSIBLE HEIRS AND DISTRIBUTEES OF THE INTEREST OF JACK GIORDANO, if Deceased JANE DOE #1-10 – POSSIBLE HEIRS AND DISTRIBUTEES OF THE INTEREST OF JACK GIORDANO, if Deceased JOHN DOE #1-10 – POSSIBLE PARTIES OR PERSONS IN POSSESSION JANE DOE #1-10 – POSSIBLE PARTIES OR PERSONS IN POSSESSION FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ------------------------------------------------------------------X RICHARD VON DER LIETH, Plaintiff, Index 2021-51452 No.:______________ -against- 4/21/2021 D/O/F:__________________ BARBARA GIORDANO A/K/A BARBARA LEONAGGEO VERIFIED COMPLAINT A/K/A BARBARA GIORDANO-LEONAGGEO, ROGER Agricultural Mortgage LEONAGGEO, JACK GIORDANO, m-m2 RE HOLDINGS 4, LLC, H&L EQUINE, LLC, PORTFOLIO RECOVERY Mortgaged Premises: ASSOCIATES, LLC, RAZOR CAPITAL II, LLC A/P/O 150 Homan Road CREDIT ONE BANK, N.A., CATANIA, MAHON, Stanfordville, NY 12581 MILLIGRAM & RIDER, PLLC, “JOHN DOE #1-10” and “JANE DOE #1-10”, AS POSSIBLE HEIRS AND SBL#: 6669-00-533189-00 DISTRIBUTEES OF THE INTEREST OF JACK GIORDANO, IF DECEASED, “JOHN DOE #1-10” and “JANE DOE #1-10”, said names being fictitious parties intended being possible tenants or occupants of premises, corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants. ------------------------------------------------------------------X The Plaintiff, by his attorneys, Handel & Carlini, LLP, complains and alleges of the Defendants, upon information and belief, as follows: 1. The Plaintiff, RICHARD VON DER LIETH, at all times hereinafter mentioned, is an individual with an address of 38 White School House Road, Rhinebeck, New York 12572. 2. Upon information and belief, Defendant BARBARA GIORDANO A/K/A BARBARA LEONAGGEO A/K/A BARBARA GIORDANO-LEONAGGEO, is an individual residing at 150 Homan Road, Stanfordville, New York 12581 and has a possible fee interest in the premises being foreclosed herein at Document No. 01-2016/761. 3. Upon information and belief, Defendant ROGER LEONAGGEO is an individual residing at 150 Homan Road, Stanfordville, New York 12581 and has a possible fee interest in the premises being foreclosed herein at Document No. 01-2016/761. 4. The Defendant, JACK GIORDANO (BE HE ALIVE OR DEAD), having a last known address of 150 Homan Road, Stanfordville, New York 12581 and has (had) a possible fee interest in the premises being foreclosed herein at Document No. 01-2016/761. 5. The Defendant, m-m2 RE HOLDINGS 4, LLC, having an address of 131 Allen Road, Salt Point, New York 12578 is named as a Defendant in this action as it has a possible fee 1 FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 interest in the premises being foreclosed herein under Document No. 02-2016/6994 and as subordinate Mortgagee under Document No. 01-2017/5905, both documents having been recorded after the mortgage which is the subject of the instant foreclosure. 6. The Defendant, H&L EQUINE, LLC, having an address of 2975 Westchester Avenue, Suite 207, Purchase, New York 10577, is made a Defendant in this action as a Contract Vendee under Contract of Sale at Document No. 02-2004/14134. 7. The Defendant, PORTFOLIO RECOVERY ASSOCIATES, LLC, having an address of 5425 Robin Hood Road, Norfolk, Virginia 23513-2441, is made a Defendant in this action in its capacity as a Judgment Creditor at Index No. 2011/1934C. 8. The Defendant, RAZOR CAPITAL II, LLC, A/P/O CREDIT ONE BANK, N.A., having an address of 8000 Norman CN DR860, Bloomington, Minnesota 55437, is made a Defendant in this action in its capacity as a Judgment Creditor at Index No. 2014/2927C. 9. The Defendant, CATANIA, MAHON, MILLIGRAM & RIDER, PLLC, having an address of One Corwin Court, Newburgh, New York 12550, is made a Defendant in this action in its capacity as a Judgment Creditor at Index No. 2016/52229C. LOAN DOCUMENTS 10. On or about December 22, 2015, BARBARA GIORDANO-LEONAGGEO, ROGER LEONAGGEO, JACK GIORDANO (signed “Deceased” by Maker) and JOSEPHINE GIORDANO (signed “Deceased” by Maker), for the purpose of securing the payment to RICHARD VON DER LIETH of the principal sum of $35,000.00, with interest thereon, for a valuable consideration, executed and delivered to RICHARD VON DER LIETH a Promissory Note dated on that day whereby said Mortgagors undertook and promised to pay to RICHARD VON DER LIETH the aforesaid principal sum and interest thereon at the rate provided therein. A copy of said Promissory Note is annexed hereto and made a part hereof as Exhibit “A”. 11. As security for the payment of said indebtedness, the Mortgagors gave to RICHARD VON DER LIETH a Mortgage, whereby Mortgagors mortgaged to said RICHARD VON DER LIETH the premises known as Homan Road, Stanfordville, Town of Stanford, Dutchess County, New York 12581 (6669-00-533189-0000), described in said Mortgage, together with the appurtenances thereto and all fixtures and articles of personal property annexed to or used in connection with the mortgaged premises, as is more fully set forth in said Mortgage. 12. Said Mortgage was duly recorded in the office of the Dutchess County Clerk on February 3, 2016 as Document No. 01-2016/761. The mortgage recording tax thereon was duly paid. 13. The premises encumbered by said Mortgage is more particularly described in the Mortgage which is annexed hereto and made a part hereof as Exhibit “B”. 2 FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 14. On December 22, 2015, Mortgagors and Plaintiff entered into a Letter Agreement, a copy of which is annexed hereto as Exhibit “C”. 15. Said Promissory Note and Mortgage provide that in case of default in the payment of any principal or interest that might become due thereon, or in case of a default in the compliance with the other terms, covenants or conditions of the Promissory Note and Mortgage, the holder of the Mortgage could declare the entire indebtedness secured by the Mortgage immediately due and payable and commence an action to foreclose the Mortgage pursuant to applicable law. 16. The Plaintiff is the owner and holder of said Promissory Note and Mortgage recorded as Document No. 01-2016/761. 17. The instant transaction concerns a commercial loan secured by mixed use premises; however, if applicable, the Mortgage originated in compliance with Banking Law Sections 595-a and 6-1 or 6-m and the Plaintiff has complied with all of the provisions of Section 595-a of the Banking law and any rules and regulations promulgated thereunder, Section 6-1 and 6-m of the Banking Law, and Section 1304 of the Real Property Actions and Proceedings Law. 18. The Loan is not a “home loan” as defined in Section 6-e of the New York Banking Law, as debt incurred by the Borrowers was not primarily for personal, family or household purposes. AS AND FOR A FIRST CAUSE OF ACTION 19. The Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 18 above. 20. The Mortgagors have failed to pay the loan when it matured on December 22, 2016. 21. By reason of such default, the Plaintiff has duly elected to declare the entire balance of the principal sum secured by said Promissory Note and Mortgage to become immediately due and payable. 22. There is now due and owing to the Plaintiff under said Promissory Note and Mortgage principal in the sum of THIRTY-FIVE THOUSAND ($35,000.00) DOLLARS, with interest thereon, from December 22, 2015 at the default rate of 12.00% per annum, together with other charges and fees as may be provided for in the Loan Documents. 23. In order to protect its security, the Plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the Plaintiff prays that any sum or sums so paid, together with interest from the 3 FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 date of payment, shall be added to the Plaintiff’s claim and be deemed secured by said Promissory Note and Mortgage and adjudged a valid lien on the mortgaged premises, and that the Plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 24. Each of the above named Defendants have or claims to have some interest in or lien upon the mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of said Promissory Note and Mortgage and is subject and subordinate thereto. 25. No other action or proceeding has been had at law or otherwise for the recovery of said sum so secured by said Promissory Note and Mortgage or any part thereof, except as set forth herein. 26. The Mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. 27. The mortgaged premises under foreclosure herein is subject to any state of facts an accurate survey would show; and to covenants, restrictions, reservations, easements and agreements of record, if any, and any violations thereof; and to building restrictions and zoning ordinances of the town or municipality in which said mortgaged premises are situate, if any, and any violations thereof; and to conditional bills of sale, security agreements and financing statements filed in connection with said mortgaged premises, if any, but only to the extent that any of the foregoing are not barred or foreclosed by this action; and to all unpaid real estate taxes, assessments, water charges and sewer rents, which are liens upon the premises but are not due or payable as of the time of the sale. In addition, the purchaser of the mortgaged premises at the foreclosure sale shall be required to pay all applicable local and State transfer taxes, deed stamps or other taxes due in connection with the transfer of the mortgaged premises. 28. 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 Promissory Note and Mortgage and occurring prior to the discontinuance of this action are fully paid and cured. AS AND FOR A SECOND CAUSE OF ACTION 29. The Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 28 above. 30. In the Promissory Note and Mortgage hereinbefore described, the Mortgagors agreed to pay the reasonable attorneys' fees of the holder of the Promissory Note and Mortgage in the event of a default under the Promissory Note and Mortgage and the commencement of a suit to foreclose the same. 4 FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022 WHEREFORE, the Plaintiff demands judgment that the Defendants and all persons claiming under them or any of them, subsequent to the filing of the notice of pendency of this action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; that said mortgaged premises may be decreed to be sold in one parcel according to law and subject to the items herein set forth; that the money arising from the sale may be brought into court; that the Plaintiff may be paid the amount of principal and interest due on said Promissory Note and Mortgage as hereinbefore set forth with interest to the time of such payment, and any sums paid by the Plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premium and other necessary charges or expenses to protect the lien of the Promissory Note and Mortgage, and any sums expended for the protection or preservation of the property covered by said Promissory Note and Mortgage, with interest thereon from the time of such payment, and reasonable attorneys' fees as demanded in the second cause of action, and the costs and disbursements of this action, and all other amounts due the Plaintiff under said Promissory Note and Mortgage; that unless a discharge in bankruptcy has been received discharging the obligations being foreclosed herein, the Defendants BARBARA GIORDANO A/K/A BARBARA LEONAGGEO A/K/A BARBARA GIORDANO-LEONAGGEO and ROGER LEONAGGEO may be adjudged to pay any deficiency which may remain, after applying all moneys received from the sale of the mortgaged premises, of the indebtedness secured by the Promissory Note and Mortgage or to be paid to the Plaintiff as costs or otherwise hereunder; and that the Plaintiff may have such other and further relief in the mortgaged premises as may be just and equitable. Dated: Poughkeepsie, New York April 20, 2021 Yours, etc. HANDEL & CARLINI, LLP By:_____________________________________ Anthony C. Carlini, Jr., Esq. Attorneys for Plaintiff Office and P.O. Address: 1984 New Hackensack Road Poughkeepsie, NY 12603 Tel. No. (845) 454-2221 5 FILED: DUTCHESS COUNTY CLERK 08/03/2022 05:19 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 08/03/2022