Preview
FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022
Exhibit A
FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_____..___________________________________________________x
M&T BANK,
Plaintiff,
-against-
#1"
PATRICIA KLEBER; "JOHN DOE through "JOHN DOE AFFIDAVIT IN SUPPORT
#10"
inclusive, the names of the ten last name Defendants
being fictitious, real names unknown to the Plaintiff, the Index No. 602517/2022
parties intended being persons or corporations having an
interest in,or tenants or persons in possession of, portions of
the mortgaged premises described in the Complaint,
Defendants.
___________________________________________Ç
STATE OF NEW YORK )
COUNTY OF ERIE ) ss:
Rachel M. Nowicki , duly sworn, deposes and states:
1. That I am a Assistant Vice President of M&T Bank ("Plaintiff"). In the regular
performance of my job functions, I have access to and am familiar with the business records relating
to the servicing of the mortgage loan (the "Loan) at issue in this foreclosure action (the "Servicing
Records"). The Servicing Records document transactions relating to the Loan, including, inter alia,
loan documents, vault document management, payment and default historiesBorrowers/accountnotes,
correspondence, workout documentation and prior court filings (the "Transactions"). I am personally
familiar with the record-keeping practices and procedures relating to those Servicing Records, which
were made at or near the time of the Transactions Documented thereby by a person with knowledge
of the Transactions or from information transmitted by a person with knowledge of the Transactions
and were made and are maintained in the regular and usual course of business. Moreover, measures
have been incorporated to detect changes made to electronic records which are relied upon in lieuof a
non-electronic original
Affidavit in Support/5000-000063-FC/PATRICIA KLEBER
FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022
2. To the extent that said Servicing Records were created by a prior servicer, those Servicing
Records were integrated and boarded into M&T Bank systems, such that the prior servicer's Servicing
Records are now part of M&T Bank's Servicing Records. M&T Bank maintains quality control and
verification procedures as part of the boarding process to ensure the accuracy of the boarded Servicing
Records. It is the regular business practice of M&T Bank to integrate the prior servicer's Servicing
Records in itsServicing Records, and to rely upon the accuracy of those boarded Servicing Records
in providing itsloan servicing functions. These prior servicer Servicing Records are integrated and
relied upon by M&T Bank as part of its Servicing Records in order to perform and satisfy its
contractual and legal duties. I have continuing access to such Servicing records, I am familiar with
how each document attached to the moving papers was retrieved and compiled, and I have personally
reviewed each document attached to the moving papers herein.
3. That I make this Affidavit in Support of Plaintiff's application for an Order for default against
non-appearing parties and the appointment of a referee to calculate the amounts owed.
4. That on March 10, 2014, Patricia Kleber duly executed and delivered to Hudson City Savings
Bank, a Note bearing said date, wherein and whereby itwas.covenanted and agreed that Borrower
would repay to Hudson City Savings Bank the principal sum of $500,000.00 with interest as set forth
in said note. A copy of the Note is annexed hereto as Exhibit "1".
5. To secure repayment of the sum represented by said note, Patricia Kleber duly executed and
delivered to Hudson City Savings Bank, a mortgage dated March 10, 2014 and recorded in Nassau
County Clerk's Office on April 3, 2014 in Liber 39607 at Page 407, secured by the premises located
at 232 Brookville Rd, Oyster Bay Town, NY 11545. A copy of the Mortgage is annexed hereto as
Exhibit "2".
6. The original mortgagee, Hudson City Savings Bank merged with Manufacturers and Traders
Trust Company as evidenced by Certificate of Merger dated October 8, 2015 and filed with the New
Affidavit in Support/5000-000063-FC/PATRICIA KLEBER
FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022
York State Department of Financial Services on November 1,2015. A copy of same is annexed hereto
as Exhibit "3".
7: Plaintiff or its agent has been in possession of the Note since prior to commencement of this
action and has the right to foreclose the subject mortgage.
8. That Patricia Kleber failed to comply with the tenns of the Note by defaulting in the payment
of $2,459.70 (inclusive of principal and interest) that originally became due on May 1, 2020.
9. That on December 15, 2021, a notice of default was mailed by firstclass mail to the mortgagor
to the address designated for such notice pursuant to the tenus of the mortgage. Copies of the Notices
are annexed hereto as Exhibit "4".
10. My review of the records maintained by M&T Bank reveals the following regarding the
sending of the RPAPL § 1304 required notice (pre-foreclosure 90-Day notice). On August 3, 2021
which was at least nmety (90) days prior to conunencement of this action and in accordance with
RPAPL § 1304, 90-day pre-foreclosure notices typed in fourteen (14) point font were mailed to the
borrowers at the property address of 232 Brookville Rd, Oyster Bay Town, NY 11545 and 232
Brookville Rd, Glen Head, NY 11545 with a listof at least five (5) HUD Housing Counseling
Agencies that serves the region in which the Borrowers are believed to reside,by depositing the
same enclosed in postage paid properly addressed wrappers, in a post office officialdepository under
the exclusive care and custody of the United States Postal Service within the State of New York, by
regular and certified mail. Copies of the RPAPL 1304 Notices are annexed hereto as Exhibit "5".
11. I have personal knowledge of M&T Bank's procedure for generating and mailing documents
like the Notices referenced in the above paragraph. This procedure isemployed as partof M&T Bank's
regular business practice as a mortgage loan servicer and is designed to ensure timely mailing of
notices to Plaintiff's customers.
12. The aforementioned servicing records indicate that within three (3) business days of the mailing
Affidavit in Support/5000-000063-FC/PATRICIA KLEBER
FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022
of the 90-Day Pre-Foreclosure Notices described above, they were each electronically filed with the
Superintendent of Banks, in the forni prescribed by the Superintendent, setting forth the name, address,
last known telephone number of the Borrowers and upon information and belief, received by the
Borrowers and the amount claimed as due and owing on the mortgage, and that the Superintendent's
website acknowledged receipt of the required information. Copies ofthe RPAPL §1306 Proof of Filing
are annexed·hereto as Exhibit "6".
13. That as a result of this continued default there is now due and owing to Plaintiffthe principal
sum of $437,294.59, plus interesttherein from April 1, 2020. A copy of the loan history evidencing
the unpaid principal and default isattached as Exhibit "7".
THEREFORE, I respectfully request that the within reliefrequested be granted in itsentirety.
Dated: August 3 , 2022
M&T BANK
Rachel M. Nowicki, Assistant Vice President
NEW YORK NOTARY ACKNOWLEDGEMENT
(CORPORATE)
State of New York )
County of Erie )
On the
Rachel
1
M.
day
Nowicki
of 4-
to m
a s in the year
me
2022 before me,
did
personally
depose and
came
that
known, who, being by duly sworn, say
he/she/they reside(s) in (wzv H/q p y (ifthe place of residence isin a city,include the street
and street number, ifany, thereof); that he/she/they is(are) the (president or other officer or director or
attorney in fact duly appointed) of the 4h w 6 /44 /( . [name of corporation], the corporation
described in and which executed the above instrument; that he/she/they know(s) the seal of said
corporation; that the seal affixed to said instrument is such corporate seal;that itwas so affixed by
authority of the board of directors of said corporation, and thathe/she/they signed his/her/their name(s)
thereto by likeauthority.
Diane Chimera
Signature and office of individual taking acknowledgment
Lic# 01CH6187936
Notary Public, State of New York
Qualified in Erie County
Affidavit in Support/5000-000063-FC/PATRICIA KLEBER
Preview
FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022 Exhibit A FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _____..___________________________________________________x M&T BANK, Plaintiff, -against- #1" PATRICIA KLEBER; "JOHN DOE through "JOHN DOE AFFIDAVIT IN SUPPORT #10" inclusive, the names of the ten last name Defendants being fictitious, real names unknown to the Plaintiff, the Index No. 602517/2022 parties intended being persons or corporations having an interest in,or tenants or persons in possession of, portions of the mortgaged premises described in the Complaint, Defendants. ___________________________________________Ç STATE OF NEW YORK ) COUNTY OF ERIE ) ss: Rachel M. Nowicki , duly sworn, deposes and states: 1. That I am a Assistant Vice President of M&T Bank ("Plaintiff"). In the regular performance of my job functions, I have access to and am familiar with the business records relating to the servicing of the mortgage loan (the "Loan) at issue in this foreclosure action (the "Servicing Records"). The Servicing Records document transactions relating to the Loan, including, inter alia, loan documents, vault document management, payment and default historiesBorrowers/accountnotes, correspondence, workout documentation and prior court filings (the "Transactions"). I am personally familiar with the record-keeping practices and procedures relating to those Servicing Records, which were made at or near the time of the Transactions Documented thereby by a person with knowledge of the Transactions or from information transmitted by a person with knowledge of the Transactions and were made and are maintained in the regular and usual course of business. Moreover, measures have been incorporated to detect changes made to electronic records which are relied upon in lieuof a non-electronic original Affidavit in Support/5000-000063-FC/PATRICIA KLEBER FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022 2. To the extent that said Servicing Records were created by a prior servicer, those Servicing Records were integrated and boarded into M&T Bank systems, such that the prior servicer's Servicing Records are now part of M&T Bank's Servicing Records. M&T Bank maintains quality control and verification procedures as part of the boarding process to ensure the accuracy of the boarded Servicing Records. It is the regular business practice of M&T Bank to integrate the prior servicer's Servicing Records in itsServicing Records, and to rely upon the accuracy of those boarded Servicing Records in providing itsloan servicing functions. These prior servicer Servicing Records are integrated and relied upon by M&T Bank as part of its Servicing Records in order to perform and satisfy its contractual and legal duties. I have continuing access to such Servicing records, I am familiar with how each document attached to the moving papers was retrieved and compiled, and I have personally reviewed each document attached to the moving papers herein. 3. That I make this Affidavit in Support of Plaintiff's application for an Order for default against non-appearing parties and the appointment of a referee to calculate the amounts owed. 4. That on March 10, 2014, Patricia Kleber duly executed and delivered to Hudson City Savings Bank, a Note bearing said date, wherein and whereby itwas.covenanted and agreed that Borrower would repay to Hudson City Savings Bank the principal sum of $500,000.00 with interest as set forth in said note. A copy of the Note is annexed hereto as Exhibit "1". 5. To secure repayment of the sum represented by said note, Patricia Kleber duly executed and delivered to Hudson City Savings Bank, a mortgage dated March 10, 2014 and recorded in Nassau County Clerk's Office on April 3, 2014 in Liber 39607 at Page 407, secured by the premises located at 232 Brookville Rd, Oyster Bay Town, NY 11545. A copy of the Mortgage is annexed hereto as Exhibit "2". 6. The original mortgagee, Hudson City Savings Bank merged with Manufacturers and Traders Trust Company as evidenced by Certificate of Merger dated October 8, 2015 and filed with the New Affidavit in Support/5000-000063-FC/PATRICIA KLEBER FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022 York State Department of Financial Services on November 1,2015. A copy of same is annexed hereto as Exhibit "3". 7: Plaintiff or its agent has been in possession of the Note since prior to commencement of this action and has the right to foreclose the subject mortgage. 8. That Patricia Kleber failed to comply with the tenns of the Note by defaulting in the payment of $2,459.70 (inclusive of principal and interest) that originally became due on May 1, 2020. 9. That on December 15, 2021, a notice of default was mailed by firstclass mail to the mortgagor to the address designated for such notice pursuant to the tenus of the mortgage. Copies of the Notices are annexed hereto as Exhibit "4". 10. My review of the records maintained by M&T Bank reveals the following regarding the sending of the RPAPL § 1304 required notice (pre-foreclosure 90-Day notice). On August 3, 2021 which was at least nmety (90) days prior to conunencement of this action and in accordance with RPAPL § 1304, 90-day pre-foreclosure notices typed in fourteen (14) point font were mailed to the borrowers at the property address of 232 Brookville Rd, Oyster Bay Town, NY 11545 and 232 Brookville Rd, Glen Head, NY 11545 with a listof at least five (5) HUD Housing Counseling Agencies that serves the region in which the Borrowers are believed to reside,by depositing the same enclosed in postage paid properly addressed wrappers, in a post office officialdepository under the exclusive care and custody of the United States Postal Service within the State of New York, by regular and certified mail. Copies of the RPAPL 1304 Notices are annexed hereto as Exhibit "5". 11. I have personal knowledge of M&T Bank's procedure for generating and mailing documents like the Notices referenced in the above paragraph. This procedure isemployed as partof M&T Bank's regular business practice as a mortgage loan servicer and is designed to ensure timely mailing of notices to Plaintiff's customers. 12. The aforementioned servicing records indicate that within three (3) business days of the mailing Affidavit in Support/5000-000063-FC/PATRICIA KLEBER FILED: NASSAU COUNTY CLERK 08/23/2022 01:01 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 08/23/2022 of the 90-Day Pre-Foreclosure Notices described above, they were each electronically filed with the Superintendent of Banks, in the forni prescribed by the Superintendent, setting forth the name, address, last known telephone number of the Borrowers and upon information and belief, received by the Borrowers and the amount claimed as due and owing on the mortgage, and that the Superintendent's website acknowledged receipt of the required information. Copies ofthe RPAPL §1306 Proof of Filing are annexed·hereto as Exhibit "6". 13. That as a result of this continued default there is now due and owing to Plaintiffthe principal sum of $437,294.59, plus interesttherein from April 1, 2020. A copy of the loan history evidencing the unpaid principal and default isattached as Exhibit "7". THEREFORE, I respectfully request that the within reliefrequested be granted in itsentirety. Dated: August 3 , 2022 M&T BANK Rachel M. Nowicki, Assistant Vice President NEW YORK NOTARY ACKNOWLEDGEMENT (CORPORATE) State of New York ) County of Erie ) On the Rachel 1 M. day Nowicki of 4- to m a s in the year me 2022 before me, did personally depose and came that known, who, being by duly sworn, say he/she/they reside(s) in (wzv H/q p y (ifthe place of residence isin a city,include the street and street number, ifany, thereof); that he/she/they is(are) the (president or other officer or director or attorney in fact duly appointed) of the 4h w 6 /44 /( . [name of corporation], the corporation described in and which executed the above instrument; that he/she/they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal;that itwas so affixed by authority of the board of directors of said corporation, and thathe/she/they signed his/her/their name(s) thereto by likeauthority. Diane Chimera Signature and office of individual taking acknowledgment Lic# 01CH6187936 Notary Public, State of New York Qualified in Erie County Affidavit in Support/5000-000063-FC/PATRICIA KLEBER