Preview
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
- - - - - - - - - - - - - - - - - - - - - x
PARK TREE INVESTMENTS 19, LLC INDEX NO.:
Date Filed:
SUMMONS
Plaintiff(s),
-against- Plaintiff designates
DUTCHESS County as the
MICHAEL KORAN A/K/A MICHAEL D. KORAN place of trial
UNIFUND CCR PARTNERS
ST. FRANCIS HOSPITAL
MIDLAND FUNDING LLC A/P/O CITIBANK (SOUTH Premises:
DAKOTA), N.A. 1 C MILLHOLLAND DRIVE
BOARD OF MANAGERS OF GREEN HILLS AT FISHKILL, NY 12524
GLENHAM CONDOMINIUM
#1" #12,"
"JOHN DOE through "JOHN DOE the
last twelve names being fictitious and
unknown to plaintiff, the persons or
parties intended being the tenants, Venue is based upon
occupants, persons or corporations, if County in which the
any, having or claiming an interest in or premises are situated
lien upon the premises, described in the
complaint,
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - x
To the above named Defendants
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a
copy of the answer on the attorneys for the mortgage company who
filed this foreclosure proceeding against you and filing the answer
with the court, a default judgment may be entered and you can lose
your home.
Speak to an attorney or go to the court where your case is pending
for further information on how to answer the summons and protect
your property.
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Sending a payment to your mortgage company will not stop this
foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY
FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH
THE COURT.
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint is
not served with this summons, to serve a notice of appearance on
the Plaintiff's Attorney within 20 days after the service of this
summons, exclusive of the day of service (or within 30 days after
the service is complete if this summons is not personally delivered
to you within the State of New York); and in case of your failure
to appear or answer, judgment will be taken against you by default
for the relief demanded in the complaint.
Dated: October 13, 2021
Syosset, New York
ROACH & LIN, ..
: Mi ael Nayar
A)torneys for Plaintiff
6901 Jericho Turnpike, Suite 240
Syosset, New York 11791
Telephone 516-938-3100
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
- - - - - - - - - - - - - - - - - - - - - x
PARK TREE INVESTMENTS 19, LLC INDEX NO.:
Date Filed:
Plaintiff(s),
-against- COMPLAINT FOR
FORECLOSURE OF A
N[ORTGAGE
MICHAEL KORAN A/K/A MICHAEL D. KORAN
UNIFUND CCR PARTNERS
ST. FRANCIS HOSPITAL
MIDLAND FUNDING LLC A/P/O CITIBANK (SOUTH
DAKOTA), N.A.
BOARD OF MANAGERS OF GREEN HILLS AT
GLENHAM CONDOMINIUM
#1" #12,"
"JOHN DOE through "JOHN DOE the
last twelve names being fictitious and
unknown to plaintiff, the persons or
parties intended being the tenants,
occupants, persons or corporations, if
any, having or claiming an interest in or
lien upon the premises, described in the
complaint,
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - x
Plaintiff(s) by its/their attorneys Roach & Lin, P.C., hereby
allege(s) upon information and belief:
1. On or about August 8, 2007 defendant, MICHAEL KORAN A/K/A
MICHAEL D. KORAN, borrowed the sum of $43,000.00 from GMAC MORTGAGE
LLC F/K/A GMAC MORTGAGE CORPORATION, and executed and delivered a
certain note dated the same date. A copy of the Note is annexed
hereto as Exhibit "A".
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2. Said note provided, among other things, that in the event
of default by the maker of the note, MICHAEL KORAN A/K/A MICHAEL
D. KORAN, in the payment of any of the above described payments,
the entire balance hereunder shall be immediately due and payable.
3. In order to collaterally secure the aforesaid obligation,
defendant, MICHAEL KORAN A/K/A MICHAEL D. KORAN, on the same day,
duly executed, acknowledged and delivered to the plaintiff or
plaintiff's assignor a mortgage, whereby said defendant mortgaged
the following real property with the appurtenances thereto,
described in the mortgage as follows:
- Description"
See Schedule A "Legal annexed hereto and made
a part hereof. Said premises being known as and by 1 C MILLHOLLAND
DRIVE FISHKILL, NY 12524.
TOGETHER with all right, title and interest of the defendant
in and to the land lying in the streets and roads in front of and
adjoining said premises.
4. Said mortgage provided for the following:
a) In case of foreclosure sale said premises or so
much thereof as may be affected by this mortgage,
may be sold in one parcel.
b) That the mortgagor will pay all taxes,
assessments, sewer rents or water rates and in
default thereof, the mortgagee may pay the same.
c) That the whole of said principal sum and interest
shall become due at the option of the mortgagee
after default in the payment of any installment of
principal or of interest.
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5. That the said mortgage was duly recorded in Document
# 01 2007 13082 of Mortgages in the Office of the CLERK of the
County of DUTCHESS on September 18, 2007, and the New York State
recording tax was duly paid thereon. A copy of the Mortgage is
annexed hereto as Exhibit "B".
6. The subject mortgage was assigned to THE BANK OF NEW YORK
MELLON TRUST COMPANY, NATIONAL ASSOCIATION, FKA THE BANK OF NEW
YORK TRUST COMPANY N.A. SUCESSOR TO JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR GMAC HOME EQUITY LOAN TRUST 2006-HE1
by assignment of mortgage dated February 10, 2014 and which was
recorded in the Office of the CLERK of the County of DUTCHESS in
Document # 01 2014 1567A on May 28, 2014, which mortgage was
assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL
ASSOCIATION, FKA THE BANK OF NEW YORK TRUST COMPANY N.A. SUCESSOR
TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR
RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., GMACM HOME EQUITY LOAN
TRUST 2006-HE1, by a corrective assignment of mortgage dated
October 21, 2016 and which was recorded in the Office of the CLERK
of the County of DUTCHESS in Document # 01-2017-201A on January
30, 2017, which mortgage was assigned to PARK TREE INVESTMENTS 19,
LLC, by assignment of mortgage dated October 21, 2016 and which
was recorded in the Office of the CLERK of the County of DUTCHESS
in Document # 01 2017 204A on January 30, 2017. Plaintiff has
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standing to commence the within action by virtue of being the
Transferee of the original Note, heretofore validly transferred
and currently in its possession and is the current holder of both
the Note and the Mortgage it secures. Copies of the Assignments
are annexed hereto as Exhibit "C".
7. Defendant, MICHAEL KORAN A/K/A MICHAEL D. KORAN, is the
owner of the equity of redemption herein foreclosed and is joined
as necessary party defendant to foreclose all of his/her rights,
title, interest and equity of redemption in the mortgaged premises.
8. Plaintiff verily believes that during the pendency of
this action, in order to protect the security of the within
mortgage, it may be compelled to make advances to prior mortgagees,
if any, for installments of principal and interest, taxes,
assessments, water rates, and/or fire insurance premiums that are
or may become due under said prior mortgage or to the receiver of
taxes, or to the fire insurance company, which advances are to be
included in the balance due to plaintiff, plus interest, as
provided for in the within mortgage foreclosed and deemed further
secured thereby
9. MICHAEL KORAN A/K/A MICHAEL D. KORAN has defaulted
under his/her note for $43,000.00 owing to plaintiff by failing to
make the required payments when due. By virtue thereof, plaintiff
herein elects to accelerate the entire principal balance of
$42,450.69 to be immediately due and payable under the mortgage
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herein foreclosed, plus interest and any advances made or to be
made to protect Plaintiffs Mortgage, all to be computed by the
Referee to be appointed for the purpose, together with a reasonable
sum representing legal fees if same is authorized by the Note or
Mortgage to be awarded by the Court.
10. Plaintiff is still the owner and holder of the mortgage
herein foreclosed and of the note secured thereby. At the time
the proceeding was commenced, the plaintiff was the owner and
holder of the subject mortgage and note, or has been delegated the
authority to institute a foreclosure action by the owner andholder
of the note. Originals of the subject mortgage and note are in the
plaintiff's possession and control or that of the custodian.
11. Plaintiff is a Limited Liability Company.
12. That a prior action was commenced for the recovery of
said sum secured said note and mortgage under index no. 2017-
by
51434; however said action has been discontinued.
13. That each and all of the defendants herein have or claim
to have some interest in, or lien upon the said mortgaged premises
or some part thereof, which interest or lien, if any, has accrued
subsequently to the lien of the said mortgage, and is subject and
subordinate thereto.
14. That plaintiff shall not be deemed to have waived,
altered, released or changed the election hereinbefore made by
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reason of any payment after the date of commencement of this
action.
15. The Plaintiff has complied with all of the provisions of
RPAPL 1304.
16. That Plaintiff has complied with all of the provisions
of Banking Law 9-x.
17. That Plaintiff has complied with the provisions of the
COVID-19 Emergency Eviction and Foreclosure Prevention Act. Proof
of mailing of the Hardship Declaration is attached hereto as
Exhibit "D". Upon information and belief the Hardship Declaration
has not been returned.
18. Plaintiff is the owner and holder of the subject
Mortgage and Note, or has been delegated authority to institute a
Mortgage foreclosure action by the owner and holder of the subject
Mortgage and Note; and has complied with all of the provisions of
section five hundred ninety-five-a of the banking law and rules
and regulations promulgated thereunder, section six-I of six-m of
the banking law, for loan governed by those provisions, and section
thirteen hundred four of this article.
19. Plaintiff has complied with RPAPL 1306 by forwarding the notice
required by RPAPL 1304(1) to the borrower and by electronically filing same
with the Superintendent of New York State Department of Financial Services.
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WHEREFORE, the plaintiff demands judgment that the defendant
herein and all persons claiming under them or any or either of
them subsequent to the commencement of this action may be forever
barred and foreclosed of all right, claim, lien and equity of
redemption in the said mortgaged premises; that the said premises
is"
may be decreed to be sold according to law in "as physical
order and condition, subject to any covenants, easements,
restrictions and reservations of record; any violations of record;
any state of facts an accurate survey may show; any zoning
regulations or amendments thereto; rights of tenants or persons in
possession of the subject premises; any prior mortgage liens of
record; any prior lien of record; and any advances or arrears
thereunder; any equity of redemption of the UNITED STATES OF
AMERICA to redeem the premises within 120 days from date of sale;
that this Court forthwith appoint a receiver of the rents and
profits of said premises, during the pendency of this action with
the usual powers and duties; that monies arising from the sale may
be brought into court; that plaintiff may be paid the amount due
on said note and Mortgage with interest to the time of such
payment, attorney's fees, as set forth in the Mortgage, the costs
of this action and the expenses of said sale so far as the amount
of such monies properly applicable thereto will pay the same; and
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That the plaintiff may have such other and further relief
in the premises as may be deemed just and equitable.
Dated: October 13, 2021
Syosset, New York
ROACH & LIN, P.C.
BY: i el ayar
neys f aintiff
6851 Jericho Turnpike, Suite 185
Syosset, New York 11791
Telephone 516-938-3100
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U1 t..J Ul Ads UU L AM3 O2 AAA LULA nM Lattt.,L UTO -1 UJUA 1 UJU L UU / UUU L doUf
.
United General Title Insurance Company
TrFLE N
SCHEDULE A-1 (Description)
The Unit known as Unit No.1C inBuilding 1 on Route 52 in theTown of Fishkill,
County of Dutchess and State of
New York, as the same is designated and described In the Declaration establishing a plan for condominium
ownership ofthe by::d|ngand the land on which Itis erected (hereinaftercalled the #Property"), made by the
Grantor under the Ccadcm;inum Act of the State of New York (Article
98 of the Real Property Law of the State
of New York), dated February 13, 1976, and filedin the County Clerk's Office of Dutchess County in Clerk's
Minutes File No. 197615 15 (here)nafter calledthe "Declaration").which Unit is also designated as Grid No.
6155-39-264669 in the Assessor's Office of the Town of Fishkill,and as Unit No. 1C.on the Floor Plans of the
Building. certified by GIsmondi & Arnold, Architects, on the 30th day of DecGinbêr, 1974, and filed
simultañéóudy with said Declaredon in theOffice ofthe County Clerk of Dutchess County insaid Clerk's
Minutes.
THE land decenbed Inthe aforesaid Declaration and the |üGüäüñ ofthe building In which the aforesaid unit is
located are shown on a certain map entitled"Survey of Property Prepared forGreen Hillsof Glenham (fõrmerly
Glenham Green) Town of Dutchess
Fishkill, County, N.Y.", dated September 6, 1974, made by Marano,
Johnsan and Quinn and in
filed the Dutchess County Clerk's Office on February 20, 1976 as Map No.4819 and
designated therein as Parcel I, Phase I,
TOGETHER with an undivided .01010 percent interestin thecommon elemente of theProperty described
in said Declaration(hereinafter calledthe "common interest").
One
. G o
9
THE POLICY TO BE ISSUED under thiscémmñ nt willinsurethe to
title such bü||diñgs and improvements on
the premises which by law constituterealproperty.
FOR CONVEYANCING ONLY: Together with alltheright, and
title interestof theparty of the of
Mrst part, inand
to theland lying inthe stneetin imnt ofand adjoiningsaid premises.
S cHEDULE A-1 (Descrfpilon) (AA-12761,PFD/AA-12761/19)
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Exh. 2
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MlGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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Exh. 3
AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DÍAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETIClÓN
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACIÓN.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmi
O
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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Preview
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS - - - - - - - - - - - - - - - - - - - - - x PARK TREE INVESTMENTS 19, LLC INDEX NO.: Date Filed: SUMMONS Plaintiff(s), -against- Plaintiff designates DUTCHESS County as the MICHAEL KORAN A/K/A MICHAEL D. KORAN place of trial UNIFUND CCR PARTNERS ST. FRANCIS HOSPITAL MIDLAND FUNDING LLC A/P/O CITIBANK (SOUTH Premises: DAKOTA), N.A. 1 C MILLHOLLAND DRIVE BOARD OF MANAGERS OF GREEN HILLS AT FISHKILL, NY 12524 GLENHAM CONDOMINIUM #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, Venue is based upon occupants, persons or corporations, if County in which the any, having or claiming an interest in or premises are situated lien upon the premises, described in the complaint, Defendant(s). - - - - - - - - - - - - - - - - - - - - - x To the above named Defendants NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorneys for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. 1 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: October 13, 2021 Syosset, New York ROACH & LIN, .. : Mi ael Nayar A)torneys for Plaintiff 6901 Jericho Turnpike, Suite 240 Syosset, New York 11791 Telephone 516-938-3100 2 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS - - - - - - - - - - - - - - - - - - - - - x PARK TREE INVESTMENTS 19, LLC INDEX NO.: Date Filed: Plaintiff(s), -against- COMPLAINT FOR FORECLOSURE OF A N[ORTGAGE MICHAEL KORAN A/K/A MICHAEL D. KORAN UNIFUND CCR PARTNERS ST. FRANCIS HOSPITAL MIDLAND FUNDING LLC A/P/O CITIBANK (SOUTH DAKOTA), N.A. BOARD OF MANAGERS OF GREEN HILLS AT GLENHAM CONDOMINIUM #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). - - - - - - - - - - - - - - - - - - - - - x Plaintiff(s) by its/their attorneys Roach & Lin, P.C., hereby allege(s) upon information and belief: 1. On or about August 8, 2007 defendant, MICHAEL KORAN A/K/A MICHAEL D. KORAN, borrowed the sum of $43,000.00 from GMAC MORTGAGE LLC F/K/A GMAC MORTGAGE CORPORATION, and executed and delivered a certain note dated the same date. A copy of the Note is annexed hereto as Exhibit "A". 3 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 2. Said note provided, among other things, that in the event of default by the maker of the note, MICHAEL KORAN A/K/A MICHAEL D. KORAN, in the payment of any of the above described payments, the entire balance hereunder shall be immediately due and payable. 3. In order to collaterally secure the aforesaid obligation, defendant, MICHAEL KORAN A/K/A MICHAEL D. KORAN, on the same day, duly executed, acknowledged and delivered to the plaintiff or plaintiff's assignor a mortgage, whereby said defendant mortgaged the following real property with the appurtenances thereto, described in the mortgage as follows: - Description" See Schedule A "Legal annexed hereto and made a part hereof. Said premises being known as and by 1 C MILLHOLLAND DRIVE FISHKILL, NY 12524. TOGETHER with all right, title and interest of the defendant in and to the land lying in the streets and roads in front of and adjoining said premises. 4. Said mortgage provided for the following: a) In case of foreclosure sale said premises or so much thereof as may be affected by this mortgage, may be sold in one parcel. b) That the mortgagor will pay all taxes, assessments, sewer rents or water rates and in default thereof, the mortgagee may pay the same. c) That the whole of said principal sum and interest shall become due at the option of the mortgagee after default in the payment of any installment of principal or of interest. 4 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 5. That the said mortgage was duly recorded in Document # 01 2007 13082 of Mortgages in the Office of the CLERK of the County of DUTCHESS on September 18, 2007, and the New York State recording tax was duly paid thereon. A copy of the Mortgage is annexed hereto as Exhibit "B". 6. The subject mortgage was assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, FKA THE BANK OF NEW YORK TRUST COMPANY N.A. SUCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR GMAC HOME EQUITY LOAN TRUST 2006-HE1 by assignment of mortgage dated February 10, 2014 and which was recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01 2014 1567A on May 28, 2014, which mortgage was assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, FKA THE BANK OF NEW YORK TRUST COMPANY N.A. SUCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., GMACM HOME EQUITY LOAN TRUST 2006-HE1, by a corrective assignment of mortgage dated October 21, 2016 and which was recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01-2017-201A on January 30, 2017, which mortgage was assigned to PARK TREE INVESTMENTS 19, LLC, by assignment of mortgage dated October 21, 2016 and which was recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01 2017 204A on January 30, 2017. Plaintiff has 5 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 standing to commence the within action by virtue of being the Transferee of the original Note, heretofore validly transferred and currently in its possession and is the current holder of both the Note and the Mortgage it secures. Copies of the Assignments are annexed hereto as Exhibit "C". 7. Defendant, MICHAEL KORAN A/K/A MICHAEL D. KORAN, is the owner of the equity of redemption herein foreclosed and is joined as necessary party defendant to foreclose all of his/her rights, title, interest and equity of redemption in the mortgaged premises. 8. Plaintiff verily believes that during the pendency of this action, in order to protect the security of the within mortgage, it may be compelled to make advances to prior mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the fire insurance company, which advances are to be included in the balance due to plaintiff, plus interest, as provided for in the within mortgage foreclosed and deemed further secured thereby 9. MICHAEL KORAN A/K/A MICHAEL D. KORAN has defaulted under his/her note for $43,000.00 owing to plaintiff by failing to make the required payments when due. By virtue thereof, plaintiff herein elects to accelerate the entire principal balance of $42,450.69 to be immediately due and payable under the mortgage 6 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 herein foreclosed, plus interest and any advances made or to be made to protect Plaintiffs Mortgage, all to be computed by the Referee to be appointed for the purpose, together with a reasonable sum representing legal fees if same is authorized by the Note or Mortgage to be awarded by the Court. 10. Plaintiff is still the owner and holder of the mortgage herein foreclosed and of the note secured thereby. At the time the proceeding was commenced, the plaintiff was the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a foreclosure action by the owner andholder of the note. Originals of the subject mortgage and note are in the plaintiff's possession and control or that of the custodian. 11. Plaintiff is a Limited Liability Company. 12. That a prior action was commenced for the recovery of said sum secured said note and mortgage under index no. 2017- by 51434; however said action has been discontinued. 13. That each and all of the defendants herein have or claim to have some interest in, or lien upon the said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequently to the lien of the said mortgage, and is subject and subordinate thereto. 14. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by 7 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 reason of any payment after the date of commencement of this action. 15. The Plaintiff has complied with all of the provisions of RPAPL 1304. 16. That Plaintiff has complied with all of the provisions of Banking Law 9-x. 17. That Plaintiff has complied with the provisions of the COVID-19 Emergency Eviction and Foreclosure Prevention Act. Proof of mailing of the Hardship Declaration is attached hereto as Exhibit "D". Upon information and belief the Hardship Declaration has not been returned. 18. Plaintiff is the owner and holder of the subject Mortgage and Note, or has been delegated authority to institute a Mortgage foreclosure action by the owner and holder of the subject Mortgage and Note; and has complied with all of the provisions of section five hundred ninety-five-a of the banking law and rules and regulations promulgated thereunder, section six-I of six-m of the banking law, for loan governed by those provisions, and section thirteen hundred four of this article. 19. Plaintiff has complied with RPAPL 1306 by forwarding the notice required by RPAPL 1304(1) to the borrower and by electronically filing same with the Superintendent of New York State Department of Financial Services. 8 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 WHEREFORE, the plaintiff demands judgment that the defendant herein and all persons claiming under them or any or either of them subsequent to the commencement of this action may be forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged premises; that the said premises is" may be decreed to be sold according to law in "as physical order and condition, subject to any covenants, easements, restrictions and reservations of record; any violations of record; any state of facts an accurate survey may show; any zoning regulations or amendments thereto; rights of tenants or persons in possession of the subject premises; any prior mortgage liens of record; any prior lien of record; and any advances or arrears thereunder; any equity of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from date of sale; that this Court forthwith appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; that monies arising from the sale may be brought into court; that plaintiff may be paid the amount due on said note and Mortgage with interest to the time of such payment, attorney's fees, as set forth in the Mortgage, the costs of this action and the expenses of said sale so far as the amount of such monies properly applicable thereto will pay the same; and 9 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 That the plaintiff may have such other and further relief in the premises as may be deemed just and equitable. Dated: October 13, 2021 Syosset, New York ROACH & LIN, P.C. BY: i el ayar neys f aintiff 6851 Jericho Turnpike, Suite 185 Syosset, New York 11791 Telephone 516-938-3100 10 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 U1 t..J Ul Ads UU L AM3 O2 AAA LULA nM Lattt.,L UTO -1 UJUA 1 UJU L UU / UUU L doUf . United General Title Insurance Company TrFLE N SCHEDULE A-1 (Description) The Unit known as Unit No.1C inBuilding 1 on Route 52 in theTown of Fishkill, County of Dutchess and State of New York, as the same is designated and described In the Declaration establishing a plan for condominium ownership ofthe by::d|ngand the land on which Itis erected (hereinaftercalled the #Property"), made by the Grantor under the Ccadcm;inum Act of the State of New York (Article 98 of the Real Property Law of the State of New York), dated February 13, 1976, and filedin the County Clerk's Office of Dutchess County in Clerk's Minutes File No. 197615 15 (here)nafter calledthe "Declaration").which Unit is also designated as Grid No. 6155-39-264669 in the Assessor's Office of the Town of Fishkill,and as Unit No. 1C.on the Floor Plans of the Building. certified by GIsmondi & Arnold, Architects, on the 30th day of DecGinbêr, 1974, and filed simultañéóudy with said Declaredon in theOffice ofthe County Clerk of Dutchess County insaid Clerk's Minutes. THE land decenbed Inthe aforesaid Declaration and the |üGüäüñ ofthe building In which the aforesaid unit is located are shown on a certain map entitled"Survey of Property Prepared forGreen Hillsof Glenham (fõrmerly Glenham Green) Town of Dutchess Fishkill, County, N.Y.", dated September 6, 1974, made by Marano, Johnsan and Quinn and in filed the Dutchess County Clerk's Office on February 20, 1976 as Map No.4819 and designated therein as Parcel I, Phase I, TOGETHER with an undivided .01010 percent interestin thecommon elemente of theProperty described in said Declaration(hereinafter calledthe "common interest"). One . G o 9 THE POLICY TO BE ISSUED under thiscémmñ nt willinsurethe to title such bü||diñgs and improvements on the premises which by law constituterealproperty. FOR CONVEYANCING ONLY: Together with alltheright, and title interestof theparty of the of Mrst part, inand to theland lying inthe stneetin imnt ofand adjoiningsaid premises. S cHEDULE A-1 (Descrfpilon) (AA-12761,PFD/AA-12761/19) 11 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 Exh. 2 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MlGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 12 of 13 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2021 Exh. 3 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DÍAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETIClÓN POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMACIÓN. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmi O https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 13 of 13