Preview
FILED: QUEENS COUNTY CLERK 04/28/2022 11:38 AM INDEX NO. 703469/2018
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 04/28/2022
EXHIBIT 3
Proctor Affidavit
FILED: QUEENS COUNTY CLERK 08/27/2018
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AM INDEX NO. 703469/2018
NYSCEF DOC. NO. 39
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SUPREME COURT OF THE STATE UF NEW YOlUC
COUNTY OF QUEENS
-------------------- ------------ x Index No.: 703469/2018
U.S. Bank National Association, as Trustee, successor in interestto
Bank of America, National Association, as Trustee, successor by
merger to LaSalle Bank National Association, as Trustee for Merrill
Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed
Certificates, Series 2006-MLN1,
Plaintiff AFFIDAVIT
-against-
Fatima Corporana/k/a FatimaBetances, Jose Ambal Marrero, GMAC
Mortgage LLC, Gustavia Home, LLC, Criminal Court ofCity ofNew
York, Cach, LLC, Queens Supreme Court, Target National Bank,
Capital One Bank (USA), N.A., New York City Environmental
Control Board, New York City Parking Violations Bureau, New York
#1"
City Transit Adjudication Bureau and "JOHN DOE through
#10,"
"JOHN DOE the lastten names being fictitious and unknown
to the plaintiff,the person or parties intcñdcd being the persons or
parties, ifany, having or claiming an intcrast in or lien upon the
mortgaged prernises described in the Complaint,
Defendants.
--x
STATE OF Texas )
) as.:
COUNTY OF Den ton )
Daphne Proctor , being duly sworn, deposes and says:
L I am employed as a Doc Exec Associate ofNationstar Mortgage LLC
d/b/a Mr. Cooper (hereinafter "Mr. Cooper "), the servicer of the mortgage loan that isthe subject
of thisaction (the "Mórtgage Loan") and attorney-in-fact for U.S. Bank National Association, as
Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by
mergerto LaSalleBankNational Assaciation, as Trustee for MerrillLynch Mortgage Investors Trust,
Mortgage Loan Asset-Backed Certificates, Series 2006-MLN1, plaintiffherein ("Plaintifl"). I have
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personal küõwicdge of the facts cennied in thisAllidavit by virtue of my position at Mr. Cooper,
rny familiaritywith Mr. Cooper's processes and based upon my review and ::nalysi::
of the relevant
büsiñéss records and other documents of Mr. Cooper referenced and attached herein. While many of
Mr. Cooper's processes are automated, the inicircation manually entered by Mr. Cooper's employees
relatingto loans on those systems isbased upon personal knowledge of the information and entered
into the system at or near the time that the küüw ledge isacquired, These ce=.puterized records are
created and =sintained in the regular course of Mr. Cooper's business as a loan servicer and Mr.
Cooper relieson the records in the ordinary course to conduct itsbudams as a loan servicer. I am
duly antharized to execute this Affidavit on behalf of Mr. Cooper in support of Mr. Cooper's
application for Sssé-y Judgmcñt and the appointment of a Referee. A copy of the applicable
power of attorney isattached hereto as Exhibit 1.
2. Mr. Cooper, on behalf of Plaintiff, has physical possession of the origiña! Note
endorsed in blank. I confirm that Mr. Cooper, on behalf of Plaintiff,had physical possession of the
original Note on or before March 7, 2018 , thedate thisaction was wnunsm.ed. A true copy of the
original note in Mr. Cooper's possession isattached hereto as Exhibit 2.
3. The mortgage ("Mortgage"), which isattached hereto as Exhibit 3, was assigned to
Plaintiff. A true copy of the recorded Assignment of M6rtgage isattaciied hereto as Exhibit 4.
4. The Mortgage loan is in default and is due for the June 1, 2017 payment and all
subsequent payments. The ame"at due and owing under the terms of the Note and Mortgage is
$568,112.87.
5. I am familiarwith Mr. Cooper's standard business practices, processes, and controls
used to ensure that lettersare properly addressed and mailed. Each90-day pre-forcclasüre notice
("90-Day Notice") and notice of default ("Notice of Default") is generated and addressed according
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to a borrower's current mailing and pröperty address as m2M±shed in our business records. The
letters were printed using technology that is directlylinked to business records to ensure that the
address(es) remain correct and consistent. Each letter is posted and sent for delivery by the United
States Postal Service under our standard Msims practice and procedure. It isalso Mr. Cooper's
standard beiness practice and procedure regarding the mailing of the 90-Day Notice and Notice of
Default to enter the mailing information such notices into itssystem
concerning cõñtempmeeõüsly
with, or within a reammble time after, the mailing of said notices. As a result, the mailing
infounation found at Exhibit 5 is maintained inMr. Cooper's corñputcr iccords as a business record.
I hereby certify and affirm that the 90-Day Notice and Notice of Default referenced herein was sent
in compliance with Mr. Cooper's policies and procedures formailing notices.
6. The'business records show that a notice ofdefault letterdated July 6, 2017 was mailed
to Fatima Corporan and Jose Anibal Marrero, Defendants, on July 6, 2017 via firstclass mail
addressed to Fatima Corporan at 11110 106 St, Ozone Park, NY 11417-2654 and to Jose Am-bal
Marrero at 11 110 106 St, Ozone Park, NY 1 1417-2654, which letter advised Deferidants of the
default, in accordance with the provisions of the Mortgage. A true copy ofthe Notice of Default is
attached hereto as Exhibit 6. According to the business records that I reviewed, the Defendants
bave not cured the default.
7. According to the bushess records I have reviewed, the 90-Day Notices required by
statute, in atleast 14 point type, dated July 6, 2017 was mailed via certified mail and firstclassrnail
on July6, 2017 addressed to Fatima Corporan and Jose Anibal Marrero at I1110 106 St, Ozone
Park, NY 11417-2654, the property address and the lastknown mailing address. These letters were
sent in separate envelopes fromanyother:ñailing or notice and were accompan-led by a listofhousing
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ce=sding agencies as required by statute. True copies of the 90-Day Notices sent to Déñdsts
are attached as Exhibit 7.
8. I hereby certify and affirm thatMr. Cooper, within three (3) business days ofmailing
said noticeto Defendants, electronically filedsaid notice with the Superintendentof Financial Services
on July 8, 2017 as required by RPAPL § 1306(2) and cor£rmation numbct NYS4292885 was issued.
A copy of the New York State Department of Financial Services 90-Day Pre-Foreclosure Filings
website isattached hereto as Exhibit 8.
9. In accordance with the practice and precedüre ofMr. Cooper, in the regular course of its
business, to enter the date that the 90-Day Notice and Notice of Default was sent to a borrower, the
proofof mailing attached hereto shows that the entries were made cont-ñporañeóüsly with or within
a reasonable time after,the making of the 90-Day Notice and Notice of Default and the mailing of
same.
10. I hereby certify and-affirrn that,a true and accurate copy of the Transaction Report is
attached hereto as Exhibit 5. Exhibit 5 isa business record niaintained in theregular course o f Mr.
Cooper's business, and isa business record that reflectsthat the 90-Day Notice was mailed on July
6, 2017 and the Notice of Default was mailed on July 6, 2017.
-SPACE INTENTIONALLY LEFT BLANK-
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I1. Despite the notices sent to Ôefeedsts, the default was never cured. Therefore, this
action was commenced to recover the entire unpaid principal balance, together with interest and
attorneys'
disbursements, inchding reasonable fees and costs allowable under the tenus of the
Mortgage Loan.
Nationstar Mortgage LLC d/b/a Mr. Cooper
Affian Signature
Daphne Proctor
Affiant Printed Name
Document Execution Associate
Affiant Title
Before a on Tuly 19 201 appeared _Daphne Proctor
me, notary public, , 8_, personally
known to me to be the person whose name issubscribed to the dommat and,
foregoing being by
me firstduly swom, declar t the stat ts therein contained are true and correct.
· '
Notary agnature
(Personal Seal)
APRil SIMMONS
NoloryPublic,StofeofTexas
p;., .: Comm. Expires 03-25-2019
5Ï
Notgry ID 130167674
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UNIFORM, ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
(Must sign in addition to Jurat ifsigned outside of New York State)
State of Texas
County of Denton
On the 19 day of in the year of 20 I 8_ before me, the undersigned,
fuly
personally appeared Daphne Proctor , personally known to me orproved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the.within
instrument and ackñawledged to me that he/she executed same inhis/her capacity and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument, and that such individual made such appearance before the undersigned in
Denton Texas
County,
Nota Public
.
a APRil SIMMONS
r Pubac, Stateof Texas
e tactory
comrn, Espites0125-20W
Nojory LD 130167674
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EXHIBIT 1
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NYC DEPARTMENT OF FINANCE a
OFFICE OF THE CITY REGISTER
This page is part
of the instrumentThe City un:u:
Registerwin relyon the informationprovided
by you on thispage forpurposes ofindexing
thisinstrument.The informationon thispage i
willcontrolfor indexingpurposes in the event
; W HmUlu
of anyconmet Wh dinest ohhe docume"'
2018032100303001001E4562
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 25
Document ID: 2018032100303001 Document Date: 07-10-2012 Preparation Date: 03-21-2018
Document Type: POWER OF ATTORNEY
Document Page Count: 24
PRESENTER: RETURN TO:
FRENKEL LAMBERT WEISS WE(SMAN AND FRENKEL LAMBERT WEISS WEISMAN AND
GORDON, LLP HQ GORDON, LLP HQ
53 GIBSON ST 53 GIBSON ST
BAY SHORE, NY 11706 BAY SHORE, NY 11706
PROPERT Y DATA
Borough Block Lot Unit Address
Property Type:
CROSS REFERENCE DATA
CRFN or DocumentlD er Year Reel_Pago or FileNumber
PARTIES
PARTY ONE: PARTY TWO:
U.S. BANK NATIONAL ASSOCIATION NATIONSTAR MORTGAGE LLC
ONE FEDERAL STREET, EX-MA-FED 350 HlGHLAND DRIVE
BOSTON, MA 021 I0 . LEWISVILLE, TX 75067
FEES AF D TAXES
Mortgage : Filing Fee:
Mortgage Amotme 0.00 s 0.00
Taxable Martgaga Amount: $ 0.00 NYC Real Property Transfer Tax:
Exemption: S 0.00
TAXES: County (Basic): S 0.00 NYS Real Estate Transfer Tax:
City (Additional): $
Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE
TASF: $ 0.00 F THE CITY REGISTER OF THE
MTA: I S 0,00
CITY OF NEW YORK
NYCTA: l $ 0.00
Recorded/Filed 04-02-2018 13:58
Additional MRT: $ 0.00
City RegisterFileNo.(CRFN):
TOTAL: 0.00 2018000109344
Recording Fee: $ 157,00 .
Afftdavit Fee: $ 0.00
City Register Official Signature
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3lationsterMorigage tac
MTN:POAin
26U CollegaParkOrive
Record & Return scentswwir,NE69361
Wetr Title
Agency
5 A Canal View Boulevard
Rochester, NY 14623
Document draftedby and
RECORDING REQURSTED BY:
Mortgage
Nationstar IlC
Drive
350 Ilighland
TX
I.ewisville. 750fi7
SPACE ABOVE TIIISLINFNOR RECORDEIUS USE
LIMITED POWER OF ATPORNitY
'Ihetrustshiennned Schedule
en the attached A (the"Trusts"),by and 1hrough
U.S. DanftNntlenal a national
Associntius, banking association
crgrj=d and exisdngunder
ilm laws of the linited an office
States and having at One Federal Street, EX-MA-FED,
Boston,MA O2110, not in hs individual
capacitybut solely
as Trustee("Trustee"),
lwreby
congitulesend appoints Natianstar
Murtgage LLC, and in its name, aforesaid
("Servicer"),
by and through
Alterney-in-Faci, any officer
sppoiniedby the Boardof Directors
ofServicer,In
execute and adnowledgein wñiingnr by factiodie
stamp aII documents and
custonnarily
reasonably for the tasks described
necessary and appropriate in the items (t)
through(S) helow;
providedhowever,that the documents
desetibedbelow may onlybe executed and delivered
by
if such deca-as
such Attoracys4n-Fact or permitted
are required under gheterms of the related
servicingagreements and no power is granted hereunder be adverse
to take any action that would
to the interests of U.S. Association.
Bank National ThisLimhed Power ofAttorneyis being
issued in connection Servicer's
wittt to service certain mongage
responsibilities Ioans 6he
"Imus") held by U.S.
IIankNational as Trustee.
Association, These Loans are secured by
col lagend cornprised
of Mortgages, Deeds to Secure Debt and other (brrns of
Deeds of Trust,
Securityinstruments
(collectively
the"Securityinstrurnents")
encumbering any and all real and
delineated
personal property and the Notes secuted thereby.
Guerein (the"Pmperty")
l. Deanand, sue for,
recover, and receive
collect each and everysurn ofmoney, detH, accouns
and interest
(which now is, orhermaner shanbecome duc and payable)belonging toor
chimed by U.S. Bank National
Association,as Tmstee,and to use or takeany lawfht
means is recovery by legal processor otherwise,includingbut not linutedin the
of
substitution insteeservingunder a Deed nI Trust,thepreparationand issuanceof
c±me".s ofbreach, notices
of default,and/ornoticesof sale.takingdeeds inlieuof
foreclosure,
evicting nilowed
(to the extent by state or local
federal, la ws) and foreclosing
under the Security
an the properties Instrmnents.
2. Executeand/or illo
such documerasand take such usher action
us is proper
and necessary to
defend U.S. BankNationut as Trustee
Association, in litigation
and to resolve any litigation
where Sw Servicer has so obligation U.S. Bank
to tiefend National as Trustee.
Associatiost,
3. Transactlmsiness of
any kind the Leans,
regnrding as U.S. Bank NadonalAssnefanion, as
act and deed, to contract
Trustee's receive
for, parchase, and take possession and ovidence
nod/or
in and to the Pmperty
of titic to secure payment of
a promissorynote or p=±.rmance
of any obligation
or agreement thereto.
relating
4. Execute honds, notes,mangages, deeds of trustand niher sad
congratWs, agreements
i::::m===Es the
regarding Gorrowers aru1/nr the Pmperty, but not limited
including tothe
executionof veleases, assignments,
satisfactions, loan modificationagreements,Ioan
assumption c+eae*:!s, suburtfination adjaumans
rsgreements, property agreements,and
otherinstruments to mortgages
pertaining or deeds of bills
trust, of sale and execution
of
deeds and associated if
instmenents, any, conveyingor encumbering ihePmperty, in the
of I LS. Donk National
interest as Trustee.
Association,
5. Espintso on behalf
ofthe undersignedall imd/or
checks, drafts othernegotiable
instruments
made payableto the midersigned
i3-39
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Servicerhereby agrees co indemnify,and
holdUA Bank National as Trusice,
Association, and its
e
directors, employees
éflicers, mal EgEhis harmless aiÈi
Taiiii akainstuny ami allliabilities,
abHplicñs. damages, penaNics, actions,judgments, suits, costs expenses or
dishursementsof any tind
or naturewhaisoeverincurredby reason orresult
of the exercise
by
the Servicer
ot7hepowers granted
specifically to it under the related servicing
ag===. The
fon:going shall
indernnity survivethe :cm;hindon ofthis LimitedPower ofAitorney und the
related servicing agreements or the envfier resignation or removal of
U.S¬ Bank National
Association,as Trusteeander therelatedservicingagreements listed
on
Schedule A. attached.
10th day of July, 2012
Witness my hand and seal this
NO CORPORATE SEAL On Behairof the Trusts,
by
US Bank National as Trustee
Association,
Witness:Paul L Gohin Dav uclos.Vice ni
Sy:
Witness- Both A Am Vi
Naliy ymes; President
Att . odi Scully,
Tn Officer
CORI¾0)(ATE ACKNOWLEnOMENT
hie of Massachusetts
County of Suffolk
On thi¼ 10th dayofJuly,2012, beforeme, 11w undersigned,
a Notary Publicin andfor said
County and State, personally
uppeared DavidDuelos, Amy Bymes, and Jodi Scully,
personally
known to me (orproved to meon the basis ofSatisfactory
evidence)to he the persons
who
executed the within
instrumentas Vice Vice
President, President
and Trust Officer,
respectively
of U.S. Rank National
Associadon,a national
hanking arul acknowledged
association, to me that
such national
banking association
executedthe withirt
F---:r::: pursuanttoits hy4aws ora
resolution
of its Board of Directors.
wrrNESS my hand and omcialseal .... .
signature;e--
Piyusha Shimurne
My commission c×pires:
07/II/2014
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1
Schedule A
U.S. Bank, National Association, as Trustee F/K/A FirstUnion National Bank, a National
Association,as Trustee forARC 2000-BC1 Mortgage Loan Trust
U.S. Bank, National Association, as Trustee FlK/A FirstUnion National Bank, a National
Association, as Trustee forARC 2000-BC3 Mortgage Loan Trust
U.S. Bank, National Association, as Trustee for Banc of America Funding Corporation Mortgage
Pass-Through Certificates,Series 2006··A
U.S. Bank, National Association, as Trustee forBanc of Arnerica Funding Corporation Mortgage
Pass-Through Cenificates,Series 2006-H
U.S. Bank, National Association, as Trustee forBanc of America Funding Cor;e=tion Mortgage
Pass-Through Certificates,Series2007-A
U.S. Bank, National Association, as Trustee for Banc of America Funding Corporation Mortgage
Pass-Through Certificates,Series2007-C
U.S. Bank, National Association, as Trustee forBanc of America Funding Corporation Mortgage
Pass-Through Certificates,Series2005-E
U.S. Bank, National Association, as Trustee for Banc of America Funding Corporation Mortgage
Pass-Through Certificates,Series2005-F
U.S. Bank, National Association, as Trustee forBanc of Amer
Preview
FILED: QUEENS COUNTY CLERK 04/28/2022 11:38 AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 04/28/2022 EXHIBIT 3 Proctor Affidavit FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 SUPREME COURT OF THE STATE UF NEW YOlUC COUNTY OF QUEENS -------------------- ------------ x Index No.: 703469/2018 U.S. Bank National Association, as Trustee, successor in interestto Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-MLN1, Plaintiff AFFIDAVIT -against- Fatima Corporana/k/a FatimaBetances, Jose Ambal Marrero, GMAC Mortgage LLC, Gustavia Home, LLC, Criminal Court ofCity ofNew York, Cach, LLC, Queens Supreme Court, Target National Bank, Capital One Bank (USA), N.A., New York City Environmental Control Board, New York City Parking Violations Bureau, New York #1" City Transit Adjudication Bureau and "JOHN DOE through #10," "JOHN DOE the lastten names being fictitious and unknown to the plaintiff,the person or parties intcñdcd being the persons or parties, ifany, having or claiming an intcrast in or lien upon the mortgaged prernises described in the Complaint, Defendants. --x STATE OF Texas ) ) as.: COUNTY OF Den ton ) Daphne Proctor , being duly sworn, deposes and says: L I am employed as a Doc Exec Associate ofNationstar Mortgage LLC d/b/a Mr. Cooper (hereinafter "Mr. Cooper "), the servicer of the mortgage loan that isthe subject of thisaction (the "Mórtgage Loan") and attorney-in-fact for U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by mergerto LaSalleBankNational Assaciation, as Trustee for MerrillLynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-MLN1, plaintiffherein ("Plaintifl"). I have 1 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 personal küõwicdge of the facts cennied in thisAllidavit by virtue of my position at Mr. Cooper, rny familiaritywith Mr. Cooper's processes and based upon my review and ::nalysi:: of the relevant büsiñéss records and other documents of Mr. Cooper referenced and attached herein. While many of Mr. Cooper's processes are automated, the inicircation manually entered by Mr. Cooper's employees relatingto loans on those systems isbased upon personal knowledge of the information and entered into the system at or near the time that the küüw ledge isacquired, These ce=.puterized records are created and =sintained in the regular course of Mr. Cooper's business as a loan servicer and Mr. Cooper relieson the records in the ordinary course to conduct itsbudams as a loan servicer. I am duly antharized to execute this Affidavit on behalf of Mr. Cooper in support of Mr. Cooper's application for Sssé-y Judgmcñt and the appointment of a Referee. A copy of the applicable power of attorney isattached hereto as Exhibit 1. 2. Mr. Cooper, on behalf of Plaintiff, has physical possession of the origiña! Note endorsed in blank. I confirm that Mr. Cooper, on behalf of Plaintiff,had physical possession of the original Note on or before March 7, 2018 , thedate thisaction was wnunsm.ed. A true copy of the original note in Mr. Cooper's possession isattached hereto as Exhibit 2. 3. The mortgage ("Mortgage"), which isattached hereto as Exhibit 3, was assigned to Plaintiff. A true copy of the recorded Assignment of M6rtgage isattaciied hereto as Exhibit 4. 4. The Mortgage loan is in default and is due for the June 1, 2017 payment and all subsequent payments. The ame"at due and owing under the terms of the Note and Mortgage is $568,112.87. 5. I am familiarwith Mr. Cooper's standard business practices, processes, and controls used to ensure that lettersare properly addressed and mailed. Each90-day pre-forcclasüre notice ("90-Day Notice") and notice of default ("Notice of Default") is generated and addressed according 2 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 to a borrower's current mailing and pröperty address as m2M±shed in our business records. The letters were printed using technology that is directlylinked to business records to ensure that the address(es) remain correct and consistent. Each letter is posted and sent for delivery by the United States Postal Service under our standard Msims practice and procedure. It isalso Mr. Cooper's standard beiness practice and procedure regarding the mailing of the 90-Day Notice and Notice of Default to enter the mailing information such notices into itssystem concerning cõñtempmeeõüsly with, or within a reammble time after, the mailing of said notices. As a result, the mailing infounation found at Exhibit 5 is maintained inMr. Cooper's corñputcr iccords as a business record. I hereby certify and affirm that the 90-Day Notice and Notice of Default referenced herein was sent in compliance with Mr. Cooper's policies and procedures formailing notices. 6. The'business records show that a notice ofdefault letterdated July 6, 2017 was mailed to Fatima Corporan and Jose Anibal Marrero, Defendants, on July 6, 2017 via firstclass mail addressed to Fatima Corporan at 11110 106 St, Ozone Park, NY 11417-2654 and to Jose Am-bal Marrero at 11 110 106 St, Ozone Park, NY 1 1417-2654, which letter advised Deferidants of the default, in accordance with the provisions of the Mortgage. A true copy ofthe Notice of Default is attached hereto as Exhibit 6. According to the business records that I reviewed, the Defendants bave not cured the default. 7. According to the bushess records I have reviewed, the 90-Day Notices required by statute, in atleast 14 point type, dated July 6, 2017 was mailed via certified mail and firstclassrnail on July6, 2017 addressed to Fatima Corporan and Jose Anibal Marrero at I1110 106 St, Ozone Park, NY 11417-2654, the property address and the lastknown mailing address. These letters were sent in separate envelopes fromanyother:ñailing or notice and were accompan-led by a listofhousing 3 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 ce=sding agencies as required by statute. True copies of the 90-Day Notices sent to Déñdsts are attached as Exhibit 7. 8. I hereby certify and affirm thatMr. Cooper, within three (3) business days ofmailing said noticeto Defendants, electronically filedsaid notice with the Superintendentof Financial Services on July 8, 2017 as required by RPAPL § 1306(2) and cor£rmation numbct NYS4292885 was issued. A copy of the New York State Department of Financial Services 90-Day Pre-Foreclosure Filings website isattached hereto as Exhibit 8. 9. In accordance with the practice and precedüre ofMr. Cooper, in the regular course of its business, to enter the date that the 90-Day Notice and Notice of Default was sent to a borrower, the proofof mailing attached hereto shows that the entries were made cont-ñporañeóüsly with or within a reasonable time after,the making of the 90-Day Notice and Notice of Default and the mailing of same. 10. I hereby certify and-affirrn that,a true and accurate copy of the Transaction Report is attached hereto as Exhibit 5. Exhibit 5 isa business record niaintained in theregular course o f Mr. Cooper's business, and isa business record that reflectsthat the 90-Day Notice was mailed on July 6, 2017 and the Notice of Default was mailed on July 6, 2017. -SPACE INTENTIONALLY LEFT BLANK- 4 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 I1. Despite the notices sent to Ôefeedsts, the default was never cured. Therefore, this action was commenced to recover the entire unpaid principal balance, together with interest and attorneys' disbursements, inchding reasonable fees and costs allowable under the tenus of the Mortgage Loan. Nationstar Mortgage LLC d/b/a Mr. Cooper Affian Signature Daphne Proctor Affiant Printed Name Document Execution Associate Affiant Title Before a on Tuly 19 201 appeared _Daphne Proctor me, notary public, , 8_, personally known to me to be the person whose name issubscribed to the dommat and, foregoing being by me firstduly swom, declar t the stat ts therein contained are true and correct. · ' Notary agnature (Personal Seal) APRil SIMMONS NoloryPublic,StofeofTexas p;., .: Comm. Expires 03-25-2019 5Ï Notgry ID 130167674 5 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 UNIFORM, ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (Must sign in addition to Jurat ifsigned outside of New York State) State of Texas County of Denton On the 19 day of in the year of 20 I 8_ before me, the undersigned, fuly personally appeared Daphne Proctor , personally known to me orproved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the.within instrument and ackñawledged to me that he/she executed same inhis/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in Denton Texas County, Nota Public . a APRil SIMMONS r Pubac, Stateof Texas e tactory comrn, Espites0125-20W Nojory LD 130167674 6 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 EXHIBIT 1 7 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 NYC DEPARTMENT OF FINANCE a OFFICE OF THE CITY REGISTER This page is part of the instrumentThe City un:u: Registerwin relyon the informationprovided by you on thispage forpurposes ofindexing thisinstrument.The informationon thispage i willcontrolfor indexingpurposes in the event ; W HmUlu of anyconmet Wh dinest ohhe docume"' 2018032100303001001E4562 RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 25 Document ID: 2018032100303001 Document Date: 07-10-2012 Preparation Date: 03-21-2018 Document Type: POWER OF ATTORNEY Document Page Count: 24 PRESENTER: RETURN TO: FRENKEL LAMBERT WEISS WE(SMAN AND FRENKEL LAMBERT WEISS WEISMAN AND GORDON, LLP HQ GORDON, LLP HQ 53 GIBSON ST 53 GIBSON ST BAY SHORE, NY 11706 BAY SHORE, NY 11706 PROPERT Y DATA Borough Block Lot Unit Address Property Type: CROSS REFERENCE DATA CRFN or DocumentlD er Year Reel_Pago or FileNumber PARTIES PARTY ONE: PARTY TWO: U.S. BANK NATIONAL ASSOCIATION NATIONSTAR MORTGAGE LLC ONE FEDERAL STREET, EX-MA-FED 350 HlGHLAND DRIVE BOSTON, MA 021 I0 . LEWISVILLE, TX 75067 FEES AF D TAXES Mortgage : Filing Fee: Mortgage Amotme 0.00 s 0.00 Taxable Martgaga Amount: $ 0.00 NYC Real Property Transfer Tax: Exemption: S 0.00 TAXES: County (Basic): S 0.00 NYS Real Estate Transfer Tax: City (Additional): $ Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE TASF: $ 0.00 F THE CITY REGISTER OF THE MTA: I S 0,00 CITY OF NEW YORK NYCTA: l $ 0.00 Recorded/Filed 04-02-2018 13:58 Additional MRT: $ 0.00 City RegisterFileNo.(CRFN): TOTAL: 0.00 2018000109344 Recording Fee: $ 157,00 . Afftdavit Fee: $ 0.00 City Register Official Signature 8 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 3lationsterMorigage tac MTN:POAin 26U CollegaParkOrive Record & Return scentswwir,NE69361 Wetr Title Agency 5 A Canal View Boulevard Rochester, NY 14623 Document draftedby and RECORDING REQURSTED BY: Mortgage Nationstar IlC Drive 350 Ilighland TX I.ewisville. 750fi7 SPACE ABOVE TIIISLINFNOR RECORDEIUS USE LIMITED POWER OF ATPORNitY 'Ihetrustshiennned Schedule en the attached A (the"Trusts"),by and 1hrough U.S. DanftNntlenal a national Associntius, banking association crgrj=d and exisdngunder ilm laws of the linited an office States and having at One Federal Street, EX-MA-FED, Boston,MA O2110, not in hs individual capacitybut solely as Trustee("Trustee"), lwreby congitulesend appoints Natianstar Murtgage LLC, and in its name, aforesaid ("Servicer"), by and through Alterney-in-Faci, any officer sppoiniedby the Boardof Directors ofServicer,In execute and adnowledgein wñiingnr by factiodie stamp aII documents and custonnarily reasonably for the tasks described necessary and appropriate in the items (t) through(S) helow; providedhowever,that the documents desetibedbelow may onlybe executed and delivered by if such deca-as such Attoracys4n-Fact or permitted are required under gheterms of the related servicingagreements and no power is granted hereunder be adverse to take any action that would to the interests of U.S. Association. Bank National ThisLimhed Power ofAttorneyis being issued in connection Servicer's wittt to service certain mongage responsibilities Ioans 6he "Imus") held by U.S. IIankNational as Trustee. Association, These Loans are secured by col lagend cornprised of Mortgages, Deeds to Secure Debt and other (brrns of Deeds of Trust, Securityinstruments (collectively the"Securityinstrurnents") encumbering any and all real and delineated personal property and the Notes secuted thereby. Guerein (the"Pmperty") l. Deanand, sue for, recover, and receive collect each and everysurn ofmoney, detH, accouns and interest (which now is, orhermaner shanbecome duc and payable)belonging toor chimed by U.S. Bank National Association,as Tmstee,and to use or takeany lawfht means is recovery by legal processor otherwise,includingbut not linutedin the of substitution insteeservingunder a Deed nI Trust,thepreparationand issuanceof c±me".s ofbreach, notices of default,and/ornoticesof sale.takingdeeds inlieuof foreclosure, evicting nilowed (to the extent by state or local federal, la ws) and foreclosing under the Security an the properties Instrmnents. 2. Executeand/or illo such documerasand take such usher action us is proper and necessary to defend U.S. BankNationut as Trustee Association, in litigation and to resolve any litigation where Sw Servicer has so obligation U.S. Bank to tiefend National as Trustee. Associatiost, 3. Transactlmsiness of any kind the Leans, regnrding as U.S. Bank NadonalAssnefanion, as act and deed, to contract Trustee's receive for, parchase, and take possession and ovidence nod/or in and to the Pmperty of titic to secure payment of a promissorynote or p=±.rmance of any obligation or agreement thereto. relating 4. Execute honds, notes,mangages, deeds of trustand niher sad congratWs, agreements i::::m===Es the regarding Gorrowers aru1/nr the Pmperty, but not limited including tothe executionof veleases, assignments, satisfactions, loan modificationagreements,Ioan assumption c+eae*:!s, suburtfination adjaumans rsgreements, property agreements,and otherinstruments to mortgages pertaining or deeds of bills trust, of sale and execution of deeds and associated if instmenents, any, conveyingor encumbering ihePmperty, in the of I LS. Donk National interest as Trustee. Association, 5. Espintso on behalf ofthe undersignedall imd/or checks, drafts othernegotiable instruments made payableto the midersigned i3-39 9 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 Servicerhereby agrees co indemnify,and holdUA Bank National as Trusice, Association, and its e directors, employees éflicers, mal EgEhis harmless aiÈi Taiiii akainstuny ami allliabilities, abHplicñs. damages, penaNics, actions,judgments, suits, costs expenses or dishursementsof any tind or naturewhaisoeverincurredby reason orresult of the exercise by the Servicer ot7hepowers granted specifically to it under the related servicing ag===. The fon:going shall indernnity survivethe :cm;hindon ofthis LimitedPower ofAitorney und the related servicing agreements or the envfier resignation or removal of U.S¬ Bank National Association,as Trusteeander therelatedservicingagreements listed on Schedule A. attached. 10th day of July, 2012 Witness my hand and seal this NO CORPORATE SEAL On Behairof the Trusts, by US Bank National as Trustee Association, Witness:Paul L Gohin Dav uclos.Vice ni Sy: Witness- Both A Am Vi Naliy ymes; President Att . odi Scully, Tn Officer CORI¾0)(ATE ACKNOWLEnOMENT hie of Massachusetts County of Suffolk On thi¼ 10th dayofJuly,2012, beforeme, 11w undersigned, a Notary Publicin andfor said County and State, personally uppeared DavidDuelos, Amy Bymes, and Jodi Scully, personally known to me (orproved to meon the basis ofSatisfactory evidence)to he the persons who executed the within instrumentas Vice Vice President, President and Trust Officer, respectively of U.S. Rank National Associadon,a national hanking arul acknowledged association, to me that such national banking association executedthe withirt F---:r::: pursuanttoits hy4aws ora resolution of its Board of Directors. wrrNESS my hand and omcialseal .... . signature;e-- Piyusha Shimurne My commission c×pires: 07/II/2014 10 of 174 FILED: QUEENS COUNTY CLERK 08/27/2018 04/28/2022 04:32 11:38 PM AM INDEX NO. 703469/2018 NYSCEF DOC. NO. 39 117 RECEIVED NYSCEF: 08/27/2018 04/28/2022 1 Schedule A U.S. Bank, National Association, as Trustee F/K/A FirstUnion National Bank, a National Association,as Trustee forARC 2000-BC1 Mortgage Loan Trust U.S. Bank, National Association, as Trustee FlK/A FirstUnion National Bank, a National Association, as Trustee forARC 2000-BC3 Mortgage Loan Trust U.S. Bank, National Association, as Trustee for Banc of America Funding Corporation Mortgage Pass-Through Certificates,Series 2006··A U.S. Bank, National Association, as Trustee forBanc of Arnerica Funding Corporation Mortgage Pass-Through Cenificates,Series 2006-H U.S. Bank, National Association, as Trustee forBanc of America Funding Cor;e=tion Mortgage Pass-Through Certificates,Series2007-A U.S. Bank, National Association, as Trustee for Banc of America Funding Corporation Mortgage Pass-Through Certificates,Series2007-C U.S. Bank, National Association, as Trustee forBanc of America Funding Corporation Mortgage Pass-Through Certificates,Series2005-E U.S. Bank, National Association, as Trustee for Banc of America Funding Corporation Mortgage Pass-Through Certificates,Series2005-F U.S. Bank, National Association, as Trustee forBanc of Amer