Preview
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
Page 1 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
øC1010N0
"jjjjjillii- '
office of the |jjjiii H E::=Piii¶
Richmond Clerk iiiiii .
County |[| ;
"""
130 Stuyvesant Place
Staten Island, NY 1030 I
Hon. Stephen J. Fiala, Clerk ACS-000000000305165-000000000407673-012
County
Recording and Endorsement Cover Page
Docu:::cnt Id: 000000000407673 Document Date: 01/21/2011 Preparation Date: 08/08/2011
Document Type: MORTGAGE & CONSOLIDATION
Document Page Count: 00012
PRESENTER: RETURN TO:
FIRST AMERICAN TITLE CO EIRST AMERICAN TITLE CO
3 FIRST AMERICAN WAY 3 FIRST AMERICAN WAY
SANTA ANA CA, 92707 SANTA ANA CA, 92707
PROPERTY DATA # OF BLOCKS 1 # OF LOTS 1
Block Lot Unit Address
Av-L--
5658 169 Entire Lot
-
y WOLCOTT
Property Type: Dwelling Only 1 Family
PARTIES
MORTGAGOR INDEX MORTGAGEE INDEX
ROBERT CIMMINO WELLS FARGO BANK, NA
84 WOLCOTT AVE 3476 STATEVIEW BLVD
STATEN ISLAND NY, 10312 FORT MILL SC, 29715
Others"
"And
Mortgage Cons: $21,369.69
PAYMENT DETAIL
Make Checks Payable to:
=====================================================;;;;;;;==============================
Richmond County Clerk: 62.00 Recording Fees
Richmond County Clerk: 408.70.Mortgage Tax
----------------____
Total Payliisñts For This Document: 470.70 FRESP
========================================================================================== .
EXAM DATE
cs0
gco®®
LAND DOCD 392638
24-nORTGAGES
MTAX: DC 000
4458 $408.70
08/25/2011 09:49:16 A.N.
RECEIPT: 37675 FEE: $62.00
RICHMOND COUNTY CLERK
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
?age 2 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
This Document Prepared By:
WELLS FARGO BANK,
N.A.,D/B/A AMERICA'S SERVICING COMPANY
3476 STATEVIEW BLVD, MAC# X7801-03K
FORT MILL, SOUTH CAROLINA 29715
When Recording Return To:
FirstAmerican TitleCompany ALTA
P.O. Box 27670
Santa Ana, CA 92799
Attn: Loss Mitigation TitleServices
. .
[Space Above This Line For Recording Data|
Original Recorded Date: NOVEMBER 9, 2006 Fannie Mae Loan No.
Original PrincipalAmount: $ 245,000.00
LOAN MODIFICATION AGREEMENT
OR (Providing forFixed Interest Rate)
This Loan Modification Agicemcat ("Agreement"),made this21ST day of JANUARY, 201I ,
between ROBERT M. CIMMINO AND CATHY CIMMINO
whose address is84 WOLCOTT AVENUE .Tc
STATEN ISLAND, NEW YORK 10312
("Daricwcr") and WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY
which is organizedand existingunderthe laws of TiIE UNITED
STATESOFAMERICA , and whoseaddress is
3476 STATEVIEW BLVD, MAC# X7801-03K, FORT MILL, SOUTH CAROLINA 29715 ("Lender"),
. .
amends and supplemcats (1)theMartgage, Deed ofTrust or SecurityDeed (the "Security and
Inst=::c::t"),
Timely Payment RewarilsRider,ifany, datedOCTOBER 20, 2006 and recordedin
Instrument No. 161146 , of
the Official Records of
(Numeof Records)
RICHMOND NEW YORK the Note
, and (2) bearing the samedate as, and
COUNTY,
(County and State,or other jurisdiction)
secured by,the SecurityInstrument, which covers therealand personalproperty described inthe Security
instrumentand defined as the "Property",
therein locatedat
84 WOLCOTT AVENUE, STATEN ISLAND, NEW YORK 10312 . . ,
(Property Address)
LOANMODIFICATIONAGREEMENT- SingleFamily-FannieMaeUniformInstrumentForm31791/01(rev. 01/09) (puge1of5)
CorelogicDocument
Services . NEw YORK
inc.
CoreLogic.
CLDs#NYFM3179Rev.09-13-10
Original PrincipalAmount: $ 2 L/ ¶~, OCD-OO
Unpaid PrincipalAmount: $ 957, $~ff . ( )
New Unpaid Principal Amount
New Money (Cap): $ R/, 3/o f . le9
FILED:
age 3 RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
the real
propertydescribed being set forth
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART
A HEREOF;
In considerationof the mutual promises and agreements exchanged, the parties heretoagree
as foilws (notwithstandinganything contained
to the contrary in theNote orSecurityInstrument):
1. As of MARCH 1, 2011 , the amountpayable underthe Note and the Security
Instrument
(the"Onpaid PrincipalBalancé") is U.S.
$ 273,902.80 of the unpaid
, consisting amount(s)
loanedto Borrower by Lender plusany and other
interest amounts capitaund.
2. Borrower pmmises topay the UripaidPrincipalBalance, plus to
interest, the orderof Lender.
will
Interest be charged on theUnpaid PrincipalBalance at the yearly
rate of 4.000 %, from
MARCH 1, 2011 .Borrower promisesto make monthly payments ofprincipaland
interest
of U.S.$ 1,144.75 on the
, beginning 1ST day of APRIL, 2011 , and
continuing thereaner on the same day of each succeeding month untilprincipaland interest
are paidin full.
The yearly rate of 4.000 % willremain until
in effect principaland interest
are paidin full.
Ifon MARCH 01, 2051 (the"Maturity Date"),Borrower still
owes
amounts under the Noteand theSecurity as scadcd
Instrument, by this
Agreement, Borrower will
pay these amountsin on the Maturity
full Date.
3. Ifall or any part of theProperty or any interestin the Property issold or transferred(orif
Borrower isnot a natural person and a beneficial interest
in Borrower issold or transferred)
without Lender'spriorwrittenconsent,Lender may requireimmediate payment infullof all
sums
securedby the Securityinstrument.
If Lender exercisesthisoption, Lender shallgive Borrower notice of acceleration.The notice
shallprovide a period ofnot less than30 days from thedate the noticeis deliveredor mailed
within which Borrower must pay all sums secured by the Securityinstrument IfBorrower
failstopay thesesums priorto theexpirationof thisperiod, Lender may invoke any remedies
permitted by the Security
I=tr=ent without furthernoticeor demand on Borrower.
4. Borrower also willcomply with allothercovcaaats,agreements, and requirements.ofthe Security
instrument, includingwithout LetL ·.,Borrower's covenants and agreements to make all
payments of taxes,insurance premiums, assessments, escrow items, impounds, and allother
payments that Borrower isobligated to make under the Security instrument; however, the
following terms and provisionsare forever canceled,nulland void,as of the datespecifiedin
paragraphNo. Iabove:
. .
LOAN MODIFICATION AGREEMENT - Single Family - Fannie Mae Uniform
:;:strancn: Form 3179 1/01(rev. 01/09)
CoreLogic DocumentServices (Page 2)
CoreLogic. inc.
CLDS# FM3179-2 Rev. 10-27-10
FILED: INDEX NO. 135504/2018
age 4 of 12) RICHMOND COUNTY CLERK 08/29/2018 02:15 PM
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
(a) allterms and provisionsof the Note and Security Instrument (if any) prcviding for,
impicmcating, or relatingto,any change or adjustment inthe rateof interestpayable
under the Note, including,where applicable,the Timely Payment Rewards ratereduction,
as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and
paragraph A.1. of the Timely Payment Rewards Rider. By execo*ing thisAgreement,
Borrower waives any Timely Payment Rewards rate reductionto which Borrower may
have otherwisebeen entitled;
and
(b) allterms and provisionsof any adjustablerate or
rider, Timely Payment Rewards Rider,
where applicable, orother instrument or dõcüment thatis affixedto, wholly or partially
incorporatedinto,or ispart of,theNote orSecurity Instrumentand thatcontainsany such
terms and provisionsas thosereferredtoin (a) above.
5. Borrower understands and agrees that:
(a) All the rights and remedies, stipdatios, and conditions contained in the Security
Instrument relatingto defaultin the making of payments under the Security Instrument
shallalsoapply in the making
to default of the modifiedpayments hercüñder.
(b) All covenants,agreements, and
stipulations, cGaditiûñsinthe Note and Security Instrument .
shallbe and remain in fullforce and effect,except as hereinmûdified, and none of the
Borrower's obligations or liabilitics
under the Note and Security Instrument shall be
diminished or releasedby anyprovisionshereof,nor.shallthisAgreement in any wayimpair,
diminish, or affectany of Lender's rightsunder or remedics on the Note and Security
Instrument, whether such rightsorremedies arisethcrcunder orby operation oflaw. Also,
allrightsof recourseto which Lender entitled
is presently againstany propertyor any other
persons in any way obligated for,or liable on, the Note and Security Instrument are
expresslyreserved by Lender.
(c) Nothing in thisAgreement shallbe understood or construed to be a satisfaction
or release
in wholeor of
in part the Noteand Securityinstrument.
(d) All costs and expenses incurred by Lender in connActinn with thisAgreerñcñt, including
recording fees,titleexamination,and attorney's
fees,shall be paid by the Borrower and
shallbe securedby the SecurityInstrument,unlessstipulated
otherwise by 1.ender.
(e) Borrower agrees to make and execute such otherdocuments or papersas may be necessary
or requiredto the terms
effectuate and conditions ofthisAgreement which, ifappraved and
accepted by Lender, shallbindand inure tothe executors,
heirs, administrators,and assigns
ofthe Borrower.
LOAN MODIFICATION AGREEMENT- Single Family - Fannie Mae Uniform instrumentForm 3179 1/01 (rev.03/09)
CoreLogic DocumentServices (Page 3)
CorcLogic, inc.
CLDS# FM3179-3 Rev. 10-27-10
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
>age 5 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY
/ f Edward Powell
y M . Vice President Loan Documentation 3/Ó seal)
Name: - Lender
Its:
O c2 - f/ (Seal)
RO R . MINO - Borrower
An (Seal)
4,
CÅTHY CI IN - Borrower
(Seal)
- Borrower
(Seal)
LOAN MODIFICATION AGREEMENT - Singlc Family - Fannie Mne Uniform Ir.:::::..::::.:
Form 3179 1/01 (rev.01/09)
CoreLogic DocumentServices (Page4)
CoreLogic, Inc,
CLDS# FM3179-4 Rev.iO-27-10
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
?age 6 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
[Space Below This Line forAcknowledgments]
BORROWER ACKNOWLEDGMENT
State ofNEW YORK )
County of 3i chfo0 0Ó
On the day of ÉP b inthe year before the undersigned,personally appeared
RO RT . CIMMINO AND CATHY CI ..
personallyknown to me or proved tome on thebasisof evidence
satisfactory to be the whose
individüã1(s)
name(s) is (are)
subscribed tothe within instrumentand acknowledged to me thathe/she/theyexccated the -
same in his/hcr/their and
capacity(ies), thatby his/her/their
signature(s)on theinstrument,the individual(s),
or the person
upon behalfofwhich the individu l(s)
acted,executed theinstrument.
. natureand officeofindividualt acknowle ASSICA 205E ARCLAUGHIR
( ing ent)
Public - State of'New York
Ilotary
NO.01MC6222486
LENDER ACKNOWLEDGMENT ..
-f- Expires
My Commission
State of *8 460 ·-
)
County of
On the 1 day of inthe year before me, theundüsigned, personallyappeared
elw%BM OW P,.f , theYic ngpNfoQocç mem4iff/ve of
a fiMEV4)t (.../c4M W , on behalfof saidentity,personallyknown to me
(orproved to me on the basisof evidence)
satisfactory tobe the person(/)whose name(4) subscribed
is/qfe
instrument
to the within and acknowledged executed
to me that he/sge/thgý the same authorized
in his/her/th#ir
and that
capacity(ifs), by signatürc(r)on theinstrument,the or
person(#J, theentityupon behalf
his/hç4/thef
of which the person(/J executed the instrument. - - - - - - - - - - -
acted,
SM Naeem Ayub
WITNESS my.hand and official
seat NOTARY PUBLIC
. State of Minnesota
( ignatureand officeofindividualtakingacknowledgment)
PrintedName (Seal)
LOANMOD1FICATIONAGREEMENT• SingleFamily- Form3179I/G1(rev.01/09)
FannieMae(fniform Instrument (Page5)
Services
CoreLogicDocument NEW YORK
Corelogic,Inc.
CLDssiNYFM3179.5Rev.10-28-10
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
Page 7 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
.
Date: MARCH 1, 2011
Loan Number:
Lender: WELLS FARGO BANK, N.A.,D/B/A AMERICA'S SERVICING COMPANY
Borrower: ROBERT M.CIMMINO AND CATHY CIMMINO
PropertyAddress: 84 WOLCOTT AVENUE
STATEN ISLAND, NEW YORK 10312
NOTICE OF NO ORAL AGREEMENTS
THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS
OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Receipt ofNotice.The undmdgned hereby admit tohaving each receivedand read a copy
ofthis Noticeon or before
execution of theLoan Agreement. Agicemcñt"
"Loan means one ormore promises,promissory notes,agreements,
undertakings,securityagiccmcats,deeds oftrustor otherdocuments, or ccndr:nts, or any cc-mbipMinn ofthose
actionsor documcats,pursuant to whicha financial loans or delays
institution repeymen:oforagrees toloan or delay
rep< mentofmoney,goodsoranyotherthingofvalueortoathcrwiseextendcreditormakeafinancialaccc edat n
BorroWe
R T M. 'IMN O
Borrower Date
CATHY CI INO
13orrower Date
Borrower Date
. .
Barrower Date
- .
. ...........
Borrower Date
CoreLogic DocumentServices Notice of No Oral Agreements
O2010 CorcLogic, inc.
CLDS# FANDO33Rev. 12-10-08
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
Page 8 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
.
Mortgage Schedule
Mortgage made by Robert M. Cimmino and Cathy Cimmino to Wall Street Mortgage Bankers, Ltd
for $245,000.00 and interest,dated 10/20/2006 and recorded 11/09/2006 in/as Document
Number 161146, Mortgage Tax Paid: $4,992.50
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
age 9 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
EXH1BIT A .
BORROWER(S): ROBERT M. CIMMINO AND CATHY CIMMINO
LOAN NUMI)ER:
LEGAL DESCRIPTION:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYlNG
AND BEING IN THE BOROUGH OF STATEN ISLAND, COUNTY OF RICHMOND,
CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF WOLCOTT AVENUE,
DISTANT 138.01 FEET EASTERLY OF THE CORNER FORMED BY THE
INTERSECTION OF THE SOUTHERLY RECORD LINE OF WOLCOTT AVENUE
. AND THE EASTERLY LINE OF DRUMGOOLE ROAD EAST, AS VESTED IN THE
81' 46'40"
CITY OF NEW YORK; RUNNING THENCE SOUTH EAST AND
ALONG SAID SOUTHERLY SIDE OF WOLCOTT AVENUE 20.00 FEET; THENCE
SOUTH 08 DEGREES 13'20" AND PART OF THE WAY THROUGH A
WEST,
PARTY WALL, 129.75FEET TO THE NORTHERLY LINE OF GRANTWOOD
AVENUE, AS ADOPTED BY THE CITY OF NEW YORK; THENCE NORTH 58
28' 00" ALONG NORTHERLY OF
DEGREES WEST, AND SAID _LINE
GRANTWOOD 21.77 THENCE NORTH 08 DEGREES 13' 20"
AVENUE, FEET;
EAST, AND PART OF THE WAY THROUGH A PARTY WALL, 121.14FEET TO
TilE SOUTHERLY LINE OF WOLCOTT AVENUE AND THE POINT OR PLACE OF
BEGINNING. APN:056580169
ALSO KNOWN AS: 84 WOLCOTT AVENUE, STATEN ISLAND, NEW YORK 10312
. .
CLDS# EXHIBlT.A Rev.07-03-07
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
Page 10 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
AFFIDAVIT UNDER SECTION 255 OF THE NEW YORK STATE CAT
(MODIFICATION AGREEMENT)
, beingduly sworn,deposes and says;
1. That he/she isthe agent forthe owner and holder ofthe hereinafterdescribed mortgage, and is familiar
with thefactsset forth
herein.
2. A certainmortgage bearingthe date of OCTOBER 20, 2006 , in the principal
amount of
TWO HUNDRED FORTY FIVE THOUSAND AND NO /100
($ 245,000.00 ) wasmade by
. ROBERT M. ClMMINO AND CATHY ClMMINO
as Mortgagor to
WALL STREET MORTGAGE BANKERS, LTD.
as original
Mortgagce, recorded on NOVEMBER 9, 2006 , in Liber Page
InstrumentNo. 161146 , Mortgage taxpaid: 4992.50 , and assigned
to
recordedon in Liber Page . ,
instr=cr:tNo. , in theRICHMOND County Clerk'sOffice, upon
which the mortgage taxwas duly paidthereon.
3. The instrument offeredforrecording herewithis a Modification
made by
ROBERT M. CIMMINO AND CATHY CIMMINO
to WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY
effectiveMARCH 1, 201I , and to be recorded
in theRICHMOND County
Clerk'sOffice.
. .
CoreLogic DocumentServices Affidavit Under Section255 of the New York StateLaw
CorcLogic, Inc.
CLDS# NY255M Rev. 11-22.10 . Page1of2
FILED: INDEX NO. 135504/2018
Page 11 of 12)RICHMOND COUNTY CLERK 08/29/2018 02:15 PM
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
4. The intrum::± offered for recordingmodifies and does not createor secure any new or furtherlien,
indebtedñcssor obligationother than theprincipali dchtcdncss orobligationsecured by or which under
any contingencymay be securedby the recordedmortgage hercinâbeve first
describedwith the exception
of
the followingamount:
a) Unpaid principalbalance $ 252,533.11
b) New unpaid principal
balance $ 273,902.80
c) b minus a equals $ 21,369.69
d) Additionalobligationsecured by mortgago as modified
Additionalmortgage recordingtaxof $ O is therefore
being paidon thisModification
on the sum set forth
in 4c.
That Exemption from furthertaxis CLAIMED under Section255 of the TaxLaw.
WELLSFARGO SERVICING
BANK.N.A.,D/B/AAMERICA'S C NY
Name:
Title:
ft
Sworn to beforeme this day of Lt , 20
Notary Public,State of e ScM
My commission expires:
DAVID J.BRUNNER
NOTARYPUBUC-MINNESOTA
Mycommission Jan.31,20t6
Expires
w w wwwwwwwwwwwwWWWv
CoreLogic DocumentServices AfTidavit Under Section255 of the New York StateLaw
2010 CoreLogic, Inc.
CLDSif NY255M-2 Rev. 10-05-10 Page2 of 2
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018
Page 12 of 12)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018
Mortgage Schedule
Mcitgage made by Robert M. Cimmino and Cathy Cimmino to Wall Street Mortgage Bankers, Ltd
for $245,000.00 and interest,dated 10/20/2006 and recorded 11/09/2006 in/as Document
Number 161146. Mortgage Tax Paid: $4,992.50
Preview
FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 Page 1 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 øC1010N0 "jjjjjillii- ' office of the |jjjiii H E::=Piii¶ Richmond Clerk iiiiii . County |[| ; """ 130 Stuyvesant Place Staten Island, NY 1030 I Hon. Stephen J. Fiala, Clerk ACS-000000000305165-000000000407673-012 County Recording and Endorsement Cover Page Docu:::cnt Id: 000000000407673 Document Date: 01/21/2011 Preparation Date: 08/08/2011 Document Type: MORTGAGE & CONSOLIDATION Document Page Count: 00012 PRESENTER: RETURN TO: FIRST AMERICAN TITLE CO EIRST AMERICAN TITLE CO 3 FIRST AMERICAN WAY 3 FIRST AMERICAN WAY SANTA ANA CA, 92707 SANTA ANA CA, 92707 PROPERTY DATA # OF BLOCKS 1 # OF LOTS 1 Block Lot Unit Address Av-L-- 5658 169 Entire Lot - y WOLCOTT Property Type: Dwelling Only 1 Family PARTIES MORTGAGOR INDEX MORTGAGEE INDEX ROBERT CIMMINO WELLS FARGO BANK, NA 84 WOLCOTT AVE 3476 STATEVIEW BLVD STATEN ISLAND NY, 10312 FORT MILL SC, 29715 Others" "And Mortgage Cons: $21,369.69 PAYMENT DETAIL Make Checks Payable to: =====================================================;;;;;;;============================== Richmond County Clerk: 62.00 Recording Fees Richmond County Clerk: 408.70.Mortgage Tax ----------------____ Total Payliisñts For This Document: 470.70 FRESP ========================================================================================== . EXAM DATE cs0 gco®® LAND DOCD 392638 24-nORTGAGES MTAX: DC 000 4458 $408.70 08/25/2011 09:49:16 A.N. RECEIPT: 37675 FEE: $62.00 RICHMOND COUNTY CLERK FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 ?age 2 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 This Document Prepared By: WELLS FARGO BANK, N.A.,D/B/A AMERICA'S SERVICING COMPANY 3476 STATEVIEW BLVD, MAC# X7801-03K FORT MILL, SOUTH CAROLINA 29715 When Recording Return To: FirstAmerican TitleCompany ALTA P.O. Box 27670 Santa Ana, CA 92799 Attn: Loss Mitigation TitleServices . . [Space Above This Line For Recording Data| Original Recorded Date: NOVEMBER 9, 2006 Fannie Mae Loan No. Original PrincipalAmount: $ 245,000.00 LOAN MODIFICATION AGREEMENT OR (Providing forFixed Interest Rate) This Loan Modification Agicemcat ("Agreement"),made this21ST day of JANUARY, 201I , between ROBERT M. CIMMINO AND CATHY CIMMINO whose address is84 WOLCOTT AVENUE .Tc STATEN ISLAND, NEW YORK 10312 ("Daricwcr") and WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY which is organizedand existingunderthe laws of TiIE UNITED STATESOFAMERICA , and whoseaddress is 3476 STATEVIEW BLVD, MAC# X7801-03K, FORT MILL, SOUTH CAROLINA 29715 ("Lender"), . . amends and supplemcats (1)theMartgage, Deed ofTrust or SecurityDeed (the "Security and Inst=::c::t"), Timely Payment RewarilsRider,ifany, datedOCTOBER 20, 2006 and recordedin Instrument No. 161146 , of the Official Records of (Numeof Records) RICHMOND NEW YORK the Note , and (2) bearing the samedate as, and COUNTY, (County and State,or other jurisdiction) secured by,the SecurityInstrument, which covers therealand personalproperty described inthe Security instrumentand defined as the "Property", therein locatedat 84 WOLCOTT AVENUE, STATEN ISLAND, NEW YORK 10312 . . , (Property Address) LOANMODIFICATIONAGREEMENT- SingleFamily-FannieMaeUniformInstrumentForm31791/01(rev. 01/09) (puge1of5) CorelogicDocument Services . NEw YORK inc. CoreLogic. CLDs#NYFM3179Rev.09-13-10 Original PrincipalAmount: $ 2 L/ ¶~, OCD-OO Unpaid PrincipalAmount: $ 957, $~ff . ( ) New Unpaid Principal Amount New Money (Cap): $ R/, 3/o f . le9 FILED: age 3 RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 the real propertydescribed being set forth as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART A HEREOF; In considerationof the mutual promises and agreements exchanged, the parties heretoagree as foilws (notwithstandinganything contained to the contrary in theNote orSecurityInstrument): 1. As of MARCH 1, 2011 , the amountpayable underthe Note and the Security Instrument (the"Onpaid PrincipalBalancé") is U.S. $ 273,902.80 of the unpaid , consisting amount(s) loanedto Borrower by Lender plusany and other interest amounts capitaund. 2. Borrower pmmises topay the UripaidPrincipalBalance, plus to interest, the orderof Lender. will Interest be charged on theUnpaid PrincipalBalance at the yearly rate of 4.000 %, from MARCH 1, 2011 .Borrower promisesto make monthly payments ofprincipaland interest of U.S.$ 1,144.75 on the , beginning 1ST day of APRIL, 2011 , and continuing thereaner on the same day of each succeeding month untilprincipaland interest are paidin full. The yearly rate of 4.000 % willremain until in effect principaland interest are paidin full. Ifon MARCH 01, 2051 (the"Maturity Date"),Borrower still owes amounts under the Noteand theSecurity as scadcd Instrument, by this Agreement, Borrower will pay these amountsin on the Maturity full Date. 3. Ifall or any part of theProperty or any interestin the Property issold or transferred(orif Borrower isnot a natural person and a beneficial interest in Borrower issold or transferred) without Lender'spriorwrittenconsent,Lender may requireimmediate payment infullof all sums securedby the Securityinstrument. If Lender exercisesthisoption, Lender shallgive Borrower notice of acceleration.The notice shallprovide a period ofnot less than30 days from thedate the noticeis deliveredor mailed within which Borrower must pay all sums secured by the Securityinstrument IfBorrower failstopay thesesums priorto theexpirationof thisperiod, Lender may invoke any remedies permitted by the Security I=tr=ent without furthernoticeor demand on Borrower. 4. Borrower also willcomply with allothercovcaaats,agreements, and requirements.ofthe Security instrument, includingwithout LetL ·.,Borrower's covenants and agreements to make all payments of taxes,insurance premiums, assessments, escrow items, impounds, and allother payments that Borrower isobligated to make under the Security instrument; however, the following terms and provisionsare forever canceled,nulland void,as of the datespecifiedin paragraphNo. Iabove: . . LOAN MODIFICATION AGREEMENT - Single Family - Fannie Mae Uniform :;:strancn: Form 3179 1/01(rev. 01/09) CoreLogic DocumentServices (Page 2) CoreLogic. inc. CLDS# FM3179-2 Rev. 10-27-10 FILED: INDEX NO. 135504/2018 age 4 of 12) RICHMOND COUNTY CLERK 08/29/2018 02:15 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 (a) allterms and provisionsof the Note and Security Instrument (if any) prcviding for, impicmcating, or relatingto,any change or adjustment inthe rateof interestpayable under the Note, including,where applicable,the Timely Payment Rewards ratereduction, as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and paragraph A.1. of the Timely Payment Rewards Rider. By execo*ing thisAgreement, Borrower waives any Timely Payment Rewards rate reductionto which Borrower may have otherwisebeen entitled; and (b) allterms and provisionsof any adjustablerate or rider, Timely Payment Rewards Rider, where applicable, orother instrument or dõcüment thatis affixedto, wholly or partially incorporatedinto,or ispart of,theNote orSecurity Instrumentand thatcontainsany such terms and provisionsas thosereferredtoin (a) above. 5. Borrower understands and agrees that: (a) All the rights and remedies, stipdatios, and conditions contained in the Security Instrument relatingto defaultin the making of payments under the Security Instrument shallalsoapply in the making to default of the modifiedpayments hercüñder. (b) All covenants,agreements, and stipulations, cGaditiûñsinthe Note and Security Instrument . shallbe and remain in fullforce and effect,except as hereinmûdified, and none of the Borrower's obligations or liabilitics under the Note and Security Instrument shall be diminished or releasedby anyprovisionshereof,nor.shallthisAgreement in any wayimpair, diminish, or affectany of Lender's rightsunder or remedics on the Note and Security Instrument, whether such rightsorremedies arisethcrcunder orby operation oflaw. Also, allrightsof recourseto which Lender entitled is presently againstany propertyor any other persons in any way obligated for,or liable on, the Note and Security Instrument are expresslyreserved by Lender. (c) Nothing in thisAgreement shallbe understood or construed to be a satisfaction or release in wholeor of in part the Noteand Securityinstrument. (d) All costs and expenses incurred by Lender in connActinn with thisAgreerñcñt, including recording fees,titleexamination,and attorney's fees,shall be paid by the Borrower and shallbe securedby the SecurityInstrument,unlessstipulated otherwise by 1.ender. (e) Borrower agrees to make and execute such otherdocuments or papersas may be necessary or requiredto the terms effectuate and conditions ofthisAgreement which, ifappraved and accepted by Lender, shallbindand inure tothe executors, heirs, administrators,and assigns ofthe Borrower. LOAN MODIFICATION AGREEMENT- Single Family - Fannie Mae Uniform instrumentForm 3179 1/01 (rev.03/09) CoreLogic DocumentServices (Page 3) CorcLogic, inc. CLDS# FM3179-3 Rev. 10-27-10 FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 >age 5 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY / f Edward Powell y M . Vice President Loan Documentation 3/Ó seal) Name: - Lender Its: O c2 - f/ (Seal) RO R . MINO - Borrower An (Seal) 4, CÅTHY CI IN - Borrower (Seal) - Borrower (Seal) LOAN MODIFICATION AGREEMENT - Singlc Family - Fannie Mne Uniform Ir.:::::..::::.: Form 3179 1/01 (rev.01/09) CoreLogic DocumentServices (Page4) CoreLogic, Inc, CLDS# FM3179-4 Rev.iO-27-10 FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 ?age 6 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 [Space Below This Line forAcknowledgments] BORROWER ACKNOWLEDGMENT State ofNEW YORK ) County of 3i chfo0 0Ó On the day of ÉP b inthe year before the undersigned,personally appeared RO RT . CIMMINO AND CATHY CI .. personallyknown to me or proved tome on thebasisof evidence satisfactory to be the whose individüã1(s) name(s) is (are) subscribed tothe within instrumentand acknowledged to me thathe/she/theyexccated the - same in his/hcr/their and capacity(ies), thatby his/her/their signature(s)on theinstrument,the individual(s), or the person upon behalfofwhich the individu l(s) acted,executed theinstrument. . natureand officeofindividualt acknowle ASSICA 205E ARCLAUGHIR ( ing ent) Public - State of'New York Ilotary NO.01MC6222486 LENDER ACKNOWLEDGMENT .. -f- Expires My Commission State of *8 460 ·- ) County of On the 1 day of inthe year before me, theundüsigned, personallyappeared elw%BM OW P,.f , theYic ngpNfoQocç mem4iff/ve of a fiMEV4)t (.../c4M W , on behalfof saidentity,personallyknown to me (orproved to me on the basisof evidence) satisfactory tobe the person(/)whose name(4) subscribed is/qfe instrument to the within and acknowledged executed to me that he/sge/thgý the same authorized in his/her/th#ir and that capacity(ifs), by signatürc(r)on theinstrument,the or person(#J, theentityupon behalf his/hç4/thef of which the person(/J executed the instrument. - - - - - - - - - - - acted, SM Naeem Ayub WITNESS my.hand and official seat NOTARY PUBLIC . State of Minnesota ( ignatureand officeofindividualtakingacknowledgment) PrintedName (Seal) LOANMOD1FICATIONAGREEMENT• SingleFamily- Form3179I/G1(rev.01/09) FannieMae(fniform Instrument (Page5) Services CoreLogicDocument NEW YORK Corelogic,Inc. CLDssiNYFM3179.5Rev.10-28-10 FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 Page 7 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 . Date: MARCH 1, 2011 Loan Number: Lender: WELLS FARGO BANK, N.A.,D/B/A AMERICA'S SERVICING COMPANY Borrower: ROBERT M.CIMMINO AND CATHY CIMMINO PropertyAddress: 84 WOLCOTT AVENUE STATEN ISLAND, NEW YORK 10312 NOTICE OF NO ORAL AGREEMENTS THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Receipt ofNotice.The undmdgned hereby admit tohaving each receivedand read a copy ofthis Noticeon or before execution of theLoan Agreement. Agicemcñt" "Loan means one ormore promises,promissory notes,agreements, undertakings,securityagiccmcats,deeds oftrustor otherdocuments, or ccndr:nts, or any cc-mbipMinn ofthose actionsor documcats,pursuant to whicha financial loans or delays institution repeymen:oforagrees toloan or delay rep< mentofmoney,goodsoranyotherthingofvalueortoathcrwiseextendcreditormakeafinancialaccc edat n BorroWe R T M. 'IMN O Borrower Date CATHY CI INO 13orrower Date Borrower Date . . Barrower Date - . . ........... Borrower Date CoreLogic DocumentServices Notice of No Oral Agreements O2010 CorcLogic, inc. CLDS# FANDO33Rev. 12-10-08 FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 Page 8 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 . Mortgage Schedule Mortgage made by Robert M. Cimmino and Cathy Cimmino to Wall Street Mortgage Bankers, Ltd for $245,000.00 and interest,dated 10/20/2006 and recorded 11/09/2006 in/as Document Number 161146, Mortgage Tax Paid: $4,992.50 FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 age 9 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 EXH1BIT A . BORROWER(S): ROBERT M. CIMMINO AND CATHY CIMMINO LOAN NUMI)ER: LEGAL DESCRIPTION: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYlNG AND BEING IN THE BOROUGH OF STATEN ISLAND, COUNTY OF RICHMOND, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF WOLCOTT AVENUE, DISTANT 138.01 FEET EASTERLY OF THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY RECORD LINE OF WOLCOTT AVENUE . AND THE EASTERLY LINE OF DRUMGOOLE ROAD EAST, AS VESTED IN THE 81' 46'40" CITY OF NEW YORK; RUNNING THENCE SOUTH EAST AND ALONG SAID SOUTHERLY SIDE OF WOLCOTT AVENUE 20.00 FEET; THENCE SOUTH 08 DEGREES 13'20" AND PART OF THE WAY THROUGH A WEST, PARTY WALL, 129.75FEET TO THE NORTHERLY LINE OF GRANTWOOD AVENUE, AS ADOPTED BY THE CITY OF NEW YORK; THENCE NORTH 58 28' 00" ALONG NORTHERLY OF DEGREES WEST, AND SAID _LINE GRANTWOOD 21.77 THENCE NORTH 08 DEGREES 13' 20" AVENUE, FEET; EAST, AND PART OF THE WAY THROUGH A PARTY WALL, 121.14FEET TO TilE SOUTHERLY LINE OF WOLCOTT AVENUE AND THE POINT OR PLACE OF BEGINNING. APN:056580169 ALSO KNOWN AS: 84 WOLCOTT AVENUE, STATEN ISLAND, NEW YORK 10312 . . CLDS# EXHIBlT.A Rev.07-03-07 FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 Page 10 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 AFFIDAVIT UNDER SECTION 255 OF THE NEW YORK STATE CAT (MODIFICATION AGREEMENT) , beingduly sworn,deposes and says; 1. That he/she isthe agent forthe owner and holder ofthe hereinafterdescribed mortgage, and is familiar with thefactsset forth herein. 2. A certainmortgage bearingthe date of OCTOBER 20, 2006 , in the principal amount of TWO HUNDRED FORTY FIVE THOUSAND AND NO /100 ($ 245,000.00 ) wasmade by . ROBERT M. ClMMINO AND CATHY ClMMINO as Mortgagor to WALL STREET MORTGAGE BANKERS, LTD. as original Mortgagce, recorded on NOVEMBER 9, 2006 , in Liber Page InstrumentNo. 161146 , Mortgage taxpaid: 4992.50 , and assigned to recordedon in Liber Page . , instr=cr:tNo. , in theRICHMOND County Clerk'sOffice, upon which the mortgage taxwas duly paidthereon. 3. The instrument offeredforrecording herewithis a Modification made by ROBERT M. CIMMINO AND CATHY CIMMINO to WELLS FARGO BANK, N.A., D/B/A AMERICA'S SERVICING COMPANY effectiveMARCH 1, 201I , and to be recorded in theRICHMOND County Clerk'sOffice. . . CoreLogic DocumentServices Affidavit Under Section255 of the New York StateLaw CorcLogic, Inc. CLDS# NY255M Rev. 11-22.10 . Page1of2 FILED: INDEX NO. 135504/2018 Page 11 of 12)RICHMOND COUNTY CLERK 08/29/2018 02:15 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 4. The intrum::± offered for recordingmodifies and does not createor secure any new or furtherlien, indebtedñcssor obligationother than theprincipali dchtcdncss orobligationsecured by or which under any contingencymay be securedby the recordedmortgage hercinâbeve first describedwith the exception of the followingamount: a) Unpaid principalbalance $ 252,533.11 b) New unpaid principal balance $ 273,902.80 c) b minus a equals $ 21,369.69 d) Additionalobligationsecured by mortgago as modified Additionalmortgage recordingtaxof $ O is therefore being paidon thisModification on the sum set forth in 4c. That Exemption from furthertaxis CLAIMED under Section255 of the TaxLaw. WELLSFARGO SERVICING BANK.N.A.,D/B/AAMERICA'S C NY Name: Title: ft Sworn to beforeme this day of Lt , 20 Notary Public,State of e ScM My commission expires: DAVID J.BRUNNER NOTARYPUBUC-MINNESOTA Mycommission Jan.31,20t6 Expires w w wwwwwwwwwwwwWWWv CoreLogic DocumentServices AfTidavit Under Section255 of the New York StateLaw 2010 CoreLogic, Inc. CLDSif NY255M-2 Rev. 10-05-10 Page2 of 2 FILED: RICHMOND COUNTY CLERK 08/29/2018 02:15 PM INDEX NO. 135504/2018 Page 12 of 12) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/29/2018 Mortgage Schedule Mcitgage made by Robert M. Cimmino and Cathy Cimmino to Wall Street Mortgage Bankers, Ltd for $245,000.00 and interest,dated 10/20/2006 and recorded 11/09/2006 in/as Document Number 161146. Mortgage Tax Paid: $4,992.50