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  • Richard Von Der Lieth v. 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 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, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. 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 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, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. 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 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, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. 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 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, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. 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 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, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. 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 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, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. 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 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, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
  • Richard Von Der Lieth v. 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 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, Jane Doe 1-10Real Property - Mortgage Foreclosure - Commercial document preview
						
                                

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FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 ( .-e=tEg,-Fcv 32 LaGrange Avenue lCl LV ,1 ,,J i) Poughkeepsie-, NrY 12603 !fO/^ *l/ Phone:(845)452-2740 l" ]p'l Fax: (845) 452-2747 \" ' visit us at: w,*v. q ueencit)'ab.vtuct DATE: December 15,2017 TITLE NO: QC 6298 PURCHASERYBORROWER: tbd SELLER: JACK GIORDANO (28.65% INTEREST) and BARBARA GIORDANO- LEONAGGEO AS EXECUTRIX OF THE ESTATE OF JOSEPHINE GIORDANO (30.99% INTEREST), letters testamentary were issued on 9123103 (took title as Tenants in common with Barbara Giordano) And M-M 2 RE HOLDINGS 4, LLC (40.36% interest) PREMISES: Homan Road Town of Stanford, County of Dutchess THIS REPORT IS NOT A TITLE INSURANCE POLICY! PLEASE READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS UNDER THE TITLE INSURANCE POLICY AND MAY NOT LIST ALL LIENS, DEFEGTS, AND ENCUMBRANCES AFFECTING TITLE TO THE PROPERTY. YOU SHOULD CONSIDER THIS INFORMATION CAREFULLY. CC: Purchaser'sAttornev Seller's Attornev Lender's Attornev FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 Title No. QC 6298 MORTGAGE 1 of 2 1) MORTGAGE MORTGAGOR: BARBARAGIORDANO-LEONAGGEO,ROGERLEONAGGEO, JACK GIORDANO and JOSEPHINE GIORDANO MORTGAGEE: RICHARD VON DER LIETH AMOUNT: $35,000.00 DATED: 12122115 RECORDED: 213116 DOCUMENT NO. 01-2016-761 (covERs PUE AND MORE) Title Company will require a written payoff statement prior to closing. lf any mortgage(s) contained herein is a credit line, "home equity" or other revolving credit mortgage and such mortgage is to be satisfied at closing, the mortgagor must provide a current payoff letter, acknowledging the account is or will be immediately frozen and the amount secured by the mortgage has been limited to a specific outstanding balance plus a specific per diem interest. The owner must request in writing to the lender termination of the credit line. FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 Title No. QC 6298 MORTGAGE 2 of 2 2l MORTGAGE MORTGAGOR: BARBARA GIORDANO-LEONAGGEO MORTGAGEE: M-M 2 RE HOLDINGS 1, LLC AMOUNT: $35,732.00 DATED: 8/30/17 RECORDED: 8129117 DOCUMENT NO. 01-2017-5905 (covERs PUE AND MORE) FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 (:"e=??SFcY 32 LaGrange Avenue Poughkeepsie, NY 12603 Phone: (8451452-2740 Fax: (845) 452-2747 ylslt us at: www.queencitvabstract QC 6298 PRIOR TO CLOSING, THE FOLLOWING ITEMS MUST BE PROVIDED TO THE TITLE COMPANY FOR REVIEW: '/ Executrix deed from Barbara Giordano Leonaggeo, executrix of the estate of Josephine Giordano ,/ .- ' deed from heirs of Jack Giordano ', '/ Correction deed into M-M 2 RE Holdings 4, LLC with correct schedule A FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 AUEEN CITY ABSTRACT CORP. 32 Lacrange Avenue Poughkeepsie, New York n6o3 Phone: (84fl 452-274o Fax: (849 452-2247 CLOS'/VG STATEMENT: Title No. QC 6298 Date Closed Purchaser/Mortgagor: tbd Amount of lnsurance: Fee: $400,000.00 PURCHASER: SELLER: LENDER: COMPANY CHARGES: Fee Premium: $1771.00 Mtg. Premium: Endorsements: Survey lnspection: Departmental Search*: Bankruptcy Search*: Patriot Search*: Escrow Svc. Chrg: ReQuire: Recording Act Compliance Charge: 100.00 Overnight Delivery: Other: SUB TOTAL: * = Sa/es Tax lncluded RECORDING CHARGES: Deed: Mortgages: B/L Agreement: Satisfaction/Release : Capital Gains Aff: E & A Form: Escrow Funds: Other: Mortgage Tax: Transfer Tax: TOTAL: PURCHASER SELLER LENDER FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 ENDORSEMENT CHARGES Title No. QC 6298 Standard New York Endorsement -0- TIRSA Condominium (Endorsement 4) $ 25.00 TIRSA Environmental Protection Lien (8.1) $ 25.00 TIRSA Market Value Policy Rider * $ TIRSA Mortqaqe Tax Endorsement $ 25.00 TIRSA Planned Unit Development Endorsement (5.1) $ 25.00 TIRSA Residential Mortqaqe Endorsement $ 25.00 TIRSA Restrictions, Encroachments, Minerals (Endorsement 9)* $ TIRSA Reverse Mortqaqe $ 25.00 TIRSA Revolvinq Credit Endorsement* $ TIRSA Variable Rate Neqative Amortization (Endorsement 6.2) $ 25.00 TIRSA Variable Rate Mortgage (Endorsement 6) $ 25.00 TIRSA Waiver of Arbitration Endorsement $ 25.00 * 10o/o of Base Premium Rate FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 AUEEN CITY ABSTRACT CORP. Agents Jor Fidelity National Title lnsurance Company jz LaGrange Avenue Poughkeepsie, NY tz6o3 Phone: (84fl 452-274o Fax: (84fl 452-2747 Title No. 6298 ,I Effective Date: 11127117 QC \o ., Premises: HOMAN ROAD Town: STANFORD County: DUTCHESS SWIS Code: 135200 Section: 6669 Block: 00 Lot: 533189 ALTA Owner's Policy: $400,000.00 Proposed lnsured: tbd The estate or interest in the land described or referred to in this Certificate and covered herein is: FEE SIMPLE Title to said estate or interest in said land at the effective date hereof is vested in: JACK GIORDANO (28.65% INTEREST) and BARBARA GIORDANO-LEONAGGEO AS EXECUTRTX OF THE ESTATE OF JOSEPHINE GTORDANO (30.99% INTEREST), letters testamentary were issued on 9/23103 (took title as Tenants in common with Barbara Giordano) (Total outstanding interest of 59.64%) Source of Title: By a deed from JACK GIORDANO, JOSEPHINE GIORDANO and BARBARA GIORDANO dated 317197 and recorded in the Dutchess County Clerk's Office on4l10l97 in Liber 1992 cp. 408. And Also Title to said estate or interest in said land at the effective date hereof is vested in: M-M 2 RE HOLDINGS 4, LLC (40.36% interest) Source of Title: By a deed from BARBARA GIORDANO-LEONAGGEO (36.85% INTEREST) and Roger Leonaggeo (3.51% interest), dated 10111116 and recorded in the Dutchess County Clerk's Office on 10/11116in Lier 1992 cp. 408. Recertified Date: Title Recertified ln: FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 The land referred to in this Certificate is described as follows: SCHEDULE "A' DESCRIPTION ATTACHED By: Closer: FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 SCHEDULE 'IA" - DESCRIPTION Title No. QC 6298 All that certain plot, piece or parcel of land lying and being in the Town of Stanford, County of Dutchess and State of New York being shown on Lot 2 on a map entitled "Map of Giordano/Leonaggeo Subdivision" filed in the Dutchess County Clerk's Office on 512105 as Map No. 11794. FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 SCHEDULE 'IB'' Title No. QC 6298 SCHEDULE "8" in which we set forth the additional matters which will appear in our policy as exceptions from coverage, unless disposed of to the company's satisfaction prior to the closing of title or issuance of the policy: 1 . Taxes, tax liens, fax sa/es, water charges, sewer rents and assessrnenfs as sef forth herein. 2. Rlghfs of tenants or persons rnpossession, if any. 3. Any lien, or right of a lien, for services, labor, materials heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. RtEthfs or claims of parties rn possession. 5. The identity of parties at the closing of this title should be established to the satisfaction of the closer acting for this company. 6. Underground encroachments and easements, if any, including pipes and drains and such rights as may exist for entry upon said premises to maintain and repair the same. Policy will insure for mortgage purposes that the same will not interfere with the use of the premises. 7. No title is insured to any land lying within the lines of any street, road, avenue, lane, turnpike or highway in front of or adjoining the premises described in Schedule "A" or which may cross over the same. 8. Any encroachments, easements, measurements, variations in area or content, party walls or other facts which a correct survey of the premises would show. 9. Roads, ways, streams or easements, if any, not shown of record, riparian rights and the title to any filled-in- land. 10. The exact location and dimensions of the boundary lines of the premises described in Schedule "A" will not be insured in the absence of a guaranteed survey. 11. Any state of facts which an accurate survey might show including changes or alterations rn sfreef lines, if any. 12. SURVEY subject to any state of facts which an accurate survey or personal inspection of the premises would drsc/ose. 13. FOR FEE POLICY (MUST REMAIN): Company shall only be responsible for payment of water and/or sewer bills presented at closing. lf funds collected at closing are insufficient to pay balance due in full, the party responsible (purchaser, seller or borrower, as determined at closing) for payment shall be required to provide additionalfunds to this Company. Company excepts any remaining water and/or sewer charges not presented for payment at closing. Company shall not be responsible for payment of any outstanding balances resulting from failure to present a bill for payment at closing or due to a municipality's failure to provide accurate bill ing information. 14. FOR FEE POLTCY (MUST REMATN): COMPANY EXCEPTS ANy SPEC/AL ASSESSMENTS AND/OR SERY/CE /NYO/CES NOTPRESENTED AT TIME OF CIOS/NG, 15. Company excepts any Covenants and Restrictions in the Deed of Conveyance. '16. Mortgages returned and set forth herein: TWO 17. Notes and Easements as shown on Filed Map No. 11794. FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 18. Subject to outstanding interest of Jack Giordano, who died on'l17l07 we find no record of death in the Dutchess County Surrogate Court. Proof of heirship must be established by death certificate and affidavit from a member of decedent's family other than the Grantor showing that decedent died intestate, without a will and setting forth a complete family history. A deed will be required by the heirs of Jack Giordano. 19. Executrix deed required from Barbara Giordano-Leonaggeo showing fullconsideration. 20. Proof of payment of Federal Estate and New York Estate tax on the estate of Josephine Giordano required. 21. As premises herein are benefited by a tax exemption, Policy will except the lien which may attach by reason of any restoration of real property taxes after transfer of title by the owner entitled to tax exemption 22. fhe following items must be provided in regard to LLC: a) A copy of the Articles of Organization, proof of filing with the Department of State, proof of payment of filing fees and a copy of the Operating Agreement musl be submitted for review. b) Proof of publication of the notice of formation in accordance with the statute is required. c) Proof of payment of annual fee to New York State (and annual fee and unincorporated business tax to the City of New York, if applicable). d) Affidavit of Good Standing stating that the LLC is in good standing, has not been dissolved, none of the members are bankrupt, incapacitated, dead, or have been expelled or have withdrawn. 23. JUDGMENTS AND LIENS: a) The Certified Owne(s): Jack Giordano, Josephine Giordiano, Barbara Giordano-Leonaggeo and Roger Leonaggeo and M-M 2 RE HOLDINGS 4, LLC has been run for Judgments and Liens with the following results: 2 vs. ROGER LEONAGGEO, index No. 2016/52229C and 2008/4408C 1 vs. BARBARA LEONAGGEO index No.2016/52229C, 2 vs. BARBARA GIORDANO index No. 2014/2927C and 2011/1934C b) The proposed purchaser(s) and guarantor(s): M-M 2 RE HOLDINGS 4, LLC have been run for Judgments and Liens with the following results: None of Record NOTE: Any affidavit submitted to dispose of the above judgments, should also include a statement to the effect that there are no judgments or federal liens outstanding against the deponent in any court of the United States. NOTE: ln the event that the proposed transaction is a short sale, Company must be so advised lN ADVANCE OF CLOSTNG. Additional exceptions and requirements will be raised, as appropriate. Among other things, Company will require that all payoff letters and all existing lenders' closing instructions be produced for review prior to the closing being scheduled. FOR INFORMATION: Company will make every effort to clear as many of the objections in this title report as possible. But it is the responsibility of the seller's attorney to see to it that all the objections raised in this report are cleared before a closing date is set. Although the company will use its best efforts to record instruments promptly, no liability is assumed for penalties and interest under Section 1416 of the Tax Law due to the inability to file transfer tax and gains tax returns or pay transfer taxes within the time required. FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 ln accordance with New York State Law the title company is required to offer purchasers the option to purchase the Market Value Rider. Attached is the form Homeowners Notice and Waiver Optional Market Value Policy Rider, which must be filled out by purchaser. FOR REFINANCES: Borrowers may be entitled to a discounted mortgage premium rate if this transaction is a refinance loan. Borrowers should refer to and must execute the Closing Notice to Borrowers attached hereto and made a part hereof. Borrowers may also contact Queen City Abstract, Corp. directly to receive further information on obtaining the discounted premium rate. FOR INFORMATION: lF A POWER OF ATTORNEY lS TO BE USED, THE ONLY FORM ACCEPTABLE FOR RECORDING IS THE FORM DATED 9112110. Please be advised that Fidelity National Title Group has implemented a rate calculator for your convenience to enable you to calculate your title insurance rates. The website can be accessed at www.nvrates.fnte.com. Idle cosfs for this transaction may include charges for certain seryices not specified in the I/RSA Rate Manual and are provided by Queen City Abstract Corp. at the request of your lender or attorney. The issuance of the title policy is not dependent upon the performance of such additionalseryrces. FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 TAX SEARCH Title No. QC 6298 PREMlSES; HOMAN ROAD COUNTY: DUTCHESS TOWN: STANFORD SWIS CODE: 135200 SECTION: 6669 BLOCK: 00 LOT: 533189 ASSESSMENIj ASSESSED OWNER(S): M-M2 RE HOLDINGS 4, LLC PROPERTY CLASS: 117 Agricultural: Livestock LAND VALUE: $501,400 SCHOOL DISTRICT: Pine Plains CSD TOTAL VALUE: $501,400 LOT SIZE: 101.66 acres EXEMPTIONS: f;,0;l turarEx 3??3;!33 [3ifri,l|., NOTE: Purchaser should be made aware that the County can Pro-Rate the tax exemption that existed on the property for five years. 2017 COUNTYITOWN TAX: RUIVS 1/1/17 - 1A31/17 FULL TAX: $660.27 unable to verify if paid to follow upon receipt, 2017/18 SCHOOL TAX: RUIVS 7/1/17 - 6/30/18 FULL TAX: Base: $1353.46 Penalties & lnterest: 123.71 Total amount: $1477.17 this will be relevied onto 2018 Ctvffn tax WATER/SEWER: private AMOUNT: PERIOD DATE: IF PREMISES ARE SERVICED BY MUNICIPAL WATER/SEWER: at closing. ln the event the premises A final water reading must be obtained, and the bill, therefore, presented are serviced by the municipal water, sewer, etc., and no other bill is presented, policy will except any and all changes accrued against the subject premises for the same, unless a letter of indemnity is obtained from the attorney for the seller at closing, guaranteeing the payment of said water/sewer charges holding the company harmless from any loss, claim or damage arising from failure to do the same. ln the alternative, the company will be forced to escrow from the proceeds of the sale an amount to be determined by the company at its discretion, sufficient to pay said water/sewer charges. FILED: DUTCHESS COUNTY CLERK 10/31/2022 07:14 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 10/31/2022 Our policy does not insure against such items which have not become a lien up to the date of the policy or installment due after the date of the policy. Recent payment of any open items returned on this tax search may not be reflected on the public records. Therefore please request the seller or borrower to have the receipted bill available at the closing. PAYMENT INFORMATION: TOWN TAX COLLECTOR: SCHOOT TAX COLLECTOR: Stanford Tax Collector SchoolTax Collector 26 Town Hall Road Pine Plains CSD P.O. Box 436 2829 Church Street Stanfordville, NY 12581 Pine Plains, NY 12567