Preview
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021
EXHIBIT D
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
--------------------------------------------------------------------------------X
PARK TREE INVESTMENTS 19, LLC Index No.:
Plaintiff(s),
AFFIRMATION
-against-
MICHAEL KORAN A/K/A MICHAEL D. KORAN, et al.
Defendant(s).
-----------------------------------------------------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
Michael Nayar, Esq., pursuant to CPLR 2106 and under penalties of perjury, hereby affirms as
follows:
1. I am an attorney at law and an Associate of ROACH & LIN, P.C., the attorneys of
record for Plaintiff. I am fully familiar with the facts of this action based upon a review of the file
maintained by my office.
2. That upon information and belief, a HARDSHIP DECLARATION was
previously served upon:
MICHAEL KORAN
1 MILLHOLLAND DRIVE C
FISHKILL, NY 12524
at the aforementioned address(es) on June 24, 2021 and a signed Hardship Declaration has not
been returned to the offices of Plaintiff nor the office of Roach & Lin, P.C.
3. Accordingly, itis respectfully submitted that Plaintiff has complied with the Covid-19
Emergency Eviction and Foreclosure Prevention Act.
Dated: October 13, 2021
Syosset, New York
el Nayar , Esq.
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
--------------------------------------------------------------------------------X
Index No.:
PARK TREE INVESTMENTS 19, LLC
Plaintiff(s),
AFFIDAVIT OF MAILING
-against-
MICHAEL KORAN A/K/A MICHAEL D. KORAN, et al.
Defendant(s).
--------------------------------------------------------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
Nicole DePascale, being duly sworn, deposes and says: Deponent is not a party to the
action, is over 18 years of age and resides in Suffolk County, New York
That on June 24, 2021 deponent served the annexed HARDSHIP DECLARATION on
the following parties at the following address by first class mail by depositing a true copy of same
enclosed in postpaid properly addressed wrapper, in an official depository under the exclusive care
and custody of the United States Post Office within the State of New York:
MICHAEL KORAN
1 MILLHOLLAND DRIVE C
FISHKILL, NY 12524
Nicole DePascale
Sworn to b ore me on this
209
lay of
)f f n,
OTARY PU C
TERESA L WHITE
PUBLIC-STATE OF NEW YORK
NOTARY
No. 01WH6283722
ownied in Suffolk County
Expires June 03, L
Cohunission
My
FILED: S DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021
Roach & Lin, P.C.
Attomeys at Law
6901 Jericho NE
Tumpike, Suite240
Syosset, NY 11791 0
U1
MICHAEL KORAN
1 MILLHOLLAND DRVIE C
FISHKILL, NY 12524
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021
ROACH&LIN,P.C.
6901 Jericho Turnpike, Suite 240, Syosset,NY 11791
O: (516) 938-3100 ] F:
(516) 931-4403] www.roachlin.com
June 24, 2021
VIA FIRST-CLASS MAIL
MICHAEL KORAN
1 MILLHOLLAND DRVIE C
FISHKILL, NY 12524
Re: MICHAEL KORAN
Loan XXXXXX7276
Dear MICHAEL KORAN:
Please be advised that this office represents the owner and/or servicer in connection to your mortgage
loan. As required by the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, the form
Hardship"
entitled "Mortgagor's Declaration of COVID-19 Related has been enclosed.
Should you decide to sign and return the Mortgagor's Declaration of COVID-19 Related Hardship,
you may return the signed copy to this office by e-mail to foreclosure@roachlin.com or by mail to the
following address:
Roach & Lin, P.C.
6901 Jericho Turnpike
Suite 240
Syosset, New York 11791
Encl.
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021
ROACH & LIN P.C.
6901 Jericho Turnpike, Suite 240, Syosset,NY 11791
O: (516) 938-3100 | F:
(516) 931-4403 www.roachlin.corn
June 23, 2021
VIA FIRST-CLASS MAIL
MICHAEL KORAN
1 MILLHOLLAND DRVIE C
FISHKILL, NY 12524
Re: MICHAEL KORAN
Loan XXXXXX7276
NOTICE TO MORTGAGOR:
If you have lost income or had increased costs during the COVID-19 pandemic, and
you sign and deliver this hardship declaration form to your mortgage lender or other
foreclosing party, you cannot be foreclosed on until at least August 31, 2021.
If your mortgage lender or other foreclosing party provided you with this form, the
mortgage lender or other foreclosing party must also provide you with a mailing address
and e-mail address to which you can return this form. If you are already in foreclosure
proceedings, you may return this form to the court. You should keep a copy or picture of
the signed forrn for your records. You will still owe any unpaid mortgage payments and
lawful fees to your lender. You should also keep careful track of what you have paid and
any amount you still owe.
MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
I am the mortgagor of the property at (address of the dwelling unit):
I MILLHOLLAND DRIVE C FISHKILL, NY 12524
Including my primary residence, I own, whether directly or indirectly, ten or fewer
residential dwelling units. I am experiencing financial hardship, and I am unable to pay my
mortgage in full because of one or more of the following:
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing essential
work or related to health impacts during the COVID-19 pandemic.
3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or
sick family member during the COVID-19 pandemic have negatively affected
my ability or the ability of someone in my household to obtain meaningful
employment or earn income or increased my necessary out-of-pocket expenses.
4. Moving expenses and difficulty I have securing alternative housing make it a
hardship for me to relocate to another residence during the COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negatively affected
my ability to obtain meaningful employment or earn income or have significantly
reduced my household income or significantly increased my expenses.
6. One or more of my tenants has defaulted on a significant amount of their rent
payments since March 1, 2020.
To the extent I have lost household income or had increased expenses, any public
assistance, including unemployment insurance, pandemic unemployment assistance,
disability insurance, or paid family leave, that I have received since the start of the
COVID-19 pandemic does not fully make up for my loss of household income or
increased expenses.
I understand that I must comply with all other lawful terms under my mortgage
agreement. I further understand that lawful fees, penalties or interest for not having paid
my mortgage in full as required by my mortgage agreement may still be charged or
collected and may result in a monetary judgment against me. I also understand that my
mortgage lender or other foreclosing party may pursue a foreclosure action against me on
or after August 31, 2021, if I do not fully repay any missed or partial payments and lawful
fees.
Signed:
Printed Name:
Date Signed:
NOTICE: You are signing and submitting this form under penalty of law. That means it is
against the law to make a statement on this form that you know is false.
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021
Index No: Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFDUTCHESS
PARK TREE INVESTMENTS 19, LLC,
Plaintiff,
- against -
MICHAEL KORAN A/K/A MICHAEL D. KORAN, ET AL.,
Defendants.
SUMMONS AND COMPLAINT
ROACH & LIN, P.C.
Attorneys for Plaintif
Off ce and Post Office Address, Telephone
6851 JERICHO TURNPIKE, SUITE 185
SYOSSET, NY 11791
TEL: (516) 938-3100, FAX: (516) 931-4403
Preview
FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021 EXHIBIT D FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS --------------------------------------------------------------------------------X PARK TREE INVESTMENTS 19, LLC Index No.: Plaintiff(s), AFFIRMATION -against- MICHAEL KORAN A/K/A MICHAEL D. KORAN, et al. Defendant(s). -----------------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Michael Nayar, Esq., pursuant to CPLR 2106 and under penalties of perjury, hereby affirms as follows: 1. I am an attorney at law and an Associate of ROACH & LIN, P.C., the attorneys of record for Plaintiff. I am fully familiar with the facts of this action based upon a review of the file maintained by my office. 2. That upon information and belief, a HARDSHIP DECLARATION was previously served upon: MICHAEL KORAN 1 MILLHOLLAND DRIVE C FISHKILL, NY 12524 at the aforementioned address(es) on June 24, 2021 and a signed Hardship Declaration has not been returned to the offices of Plaintiff nor the office of Roach & Lin, P.C. 3. Accordingly, itis respectfully submitted that Plaintiff has complied with the Covid-19 Emergency Eviction and Foreclosure Prevention Act. Dated: October 13, 2021 Syosset, New York el Nayar , Esq. FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS --------------------------------------------------------------------------------X Index No.: PARK TREE INVESTMENTS 19, LLC Plaintiff(s), AFFIDAVIT OF MAILING -against- MICHAEL KORAN A/K/A MICHAEL D. KORAN, et al. Defendant(s). --------------------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Nicole DePascale, being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and resides in Suffolk County, New York That on June 24, 2021 deponent served the annexed HARDSHIP DECLARATION on the following parties at the following address by first class mail by depositing a true copy of same enclosed in postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York: MICHAEL KORAN 1 MILLHOLLAND DRIVE C FISHKILL, NY 12524 Nicole DePascale Sworn to b ore me on this 209 lay of )f f n, OTARY PU C TERESA L WHITE PUBLIC-STATE OF NEW YORK NOTARY No. 01WH6283722 ownied in Suffolk County Expires June 03, L Cohunission My FILED: S DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021 Roach & Lin, P.C. Attomeys at Law 6901 Jericho NE Tumpike, Suite240 Syosset, NY 11791 0 U1 MICHAEL KORAN 1 MILLHOLLAND DRVIE C FISHKILL, NY 12524 FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021 ROACH&LIN,P.C. 6901 Jericho Turnpike, Suite 240, Syosset,NY 11791 O: (516) 938-3100 ] F: (516) 931-4403] www.roachlin.com June 24, 2021 VIA FIRST-CLASS MAIL MICHAEL KORAN 1 MILLHOLLAND DRVIE C FISHKILL, NY 12524 Re: MICHAEL KORAN Loan XXXXXX7276 Dear MICHAEL KORAN: Please be advised that this office represents the owner and/or servicer in connection to your mortgage loan. As required by the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, the form Hardship" entitled "Mortgagor's Declaration of COVID-19 Related has been enclosed. Should you decide to sign and return the Mortgagor's Declaration of COVID-19 Related Hardship, you may return the signed copy to this office by e-mail to foreclosure@roachlin.com or by mail to the following address: Roach & Lin, P.C. 6901 Jericho Turnpike Suite 240 Syosset, New York 11791 Encl. FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021 ROACH & LIN P.C. 6901 Jericho Turnpike, Suite 240, Syosset,NY 11791 O: (516) 938-3100 | F: (516) 931-4403 www.roachlin.corn June 23, 2021 VIA FIRST-CLASS MAIL MICHAEL KORAN 1 MILLHOLLAND DRVIE C FISHKILL, NY 12524 Re: MICHAEL KORAN Loan XXXXXX7276 NOTICE TO MORTGAGOR: If you have lost income or had increased costs during the COVID-19 pandemic, and you sign and deliver this hardship declaration form to your mortgage lender or other foreclosing party, you cannot be foreclosed on until at least August 31, 2021. If your mortgage lender or other foreclosing party provided you with this form, the mortgage lender or other foreclosing party must also provide you with a mailing address and e-mail address to which you can return this form. If you are already in foreclosure proceedings, you may return this form to the court. You should keep a copy or picture of the signed forrn for your records. You will still owe any unpaid mortgage payments and lawful fees to your lender. You should also keep careful track of what you have paid and any amount you still owe. MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP I am the mortgagor of the property at (address of the dwelling unit): I MILLHOLLAND DRIVE C FISHKILL, NY 12524 Including my primary residence, I own, whether directly or indirectly, ten or fewer residential dwelling units. I am experiencing financial hardship, and I am unable to pay my mortgage in full because of one or more of the following: FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021 1. Significant loss of household income during the COVID-19 pandemic. 2. Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic. 3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pandemic have negatively affected my ability or the ability of someone in my household to obtain meaningful employment or earn income or increased my necessary out-of-pocket expenses. 4. Moving expenses and difficulty I have securing alternative housing make it a hardship for me to relocate to another residence during the COVID-19 pandemic. 5. Other circumstances related to the COVID-19 pandemic have negatively affected my ability to obtain meaningful employment or earn income or have significantly reduced my household income or significantly increased my expenses. 6. One or more of my tenants has defaulted on a significant amount of their rent payments since March 1, 2020. To the extent I have lost household income or had increased expenses, any public assistance, including unemployment insurance, pandemic unemployment assistance, disability insurance, or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of household income or increased expenses. I understand that I must comply with all other lawful terms under my mortgage agreement. I further understand that lawful fees, penalties or interest for not having paid my mortgage in full as required by my mortgage agreement may still be charged or collected and may result in a monetary judgment against me. I also understand that my mortgage lender or other foreclosing party may pursue a foreclosure action against me on or after August 31, 2021, if I do not fully repay any missed or partial payments and lawful fees. Signed: Printed Name: Date Signed: NOTICE: You are signing and submitting this form under penalty of law. That means it is against the law to make a statement on this form that you know is false. FILED: DUTCHESS COUNTY CLERK 10/19/2021 10:55 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/19/2021 Index No: Year SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFDUTCHESS PARK TREE INVESTMENTS 19, LLC, Plaintiff, - against - MICHAEL KORAN A/K/A MICHAEL D. KORAN, ET AL., Defendants. SUMMONS AND COMPLAINT ROACH & LIN, P.C. Attorneys for Plaintif Off ce and Post Office Address, Telephone 6851 JERICHO TURNPIKE, SUITE 185 SYOSSET, NY 11791 TEL: (516) 938-3100, FAX: (516) 931-4403