Preview
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
EXHIBIT D
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. EF2019-301
COUNTY OF OTSEGO
NATIONSTAR MORTGAGE LLC D/B/A MR.
COOPER,
Plaintiff designates OTSEGO as the place
Plaintiff, of trial situs of the real property
vs.
SUPPLEMENTAL SUMMONS
PHYLLIS LUCILE TODD A/K/A LUCILE P. TODD,
AS HEIR AND DISTRIBUTEE OF THE ESTATE OF Mortgaged Premises:
DAVID BENNETT; JOHN A. BENNETT, AS HEIR 17 RIVER STREET RICHFIELD
AND DISTRIBUTEE OF THE ESTATE OF DAVID SPRINGS, NY 13439
BENNETT; ROBERT 1 GILMORE, AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF DAVID District: Section: 13.20
BENNETT; CHAD BENNETT, AS HEIR AND Block: 3 Lot: 46.00
DISTRIBUTEE OF THE ESTATE OF DAVID
BENNETT AS WELL AS HEIR AND DISTRIBUTEE
OF THE ESTATE OF ROBERT A. BENNETT;
REBECCA BENNETT, AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF ROBERT A.
BENNETT; UNKNOWN HEIRS AND
DISTRIBUTEES OF THE ESTATE OF DAVID
BENNETT; any and all persons unknown to plaintiff,
claiming, or who may claim to have an interest in, or
general or specific lien upon the real property described
in this action; such unknown persons being herein
generally described and intended to be included in the
following designation, namely: the wife, widow,
husband, widower, heirs at law, next of kin,
descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors, and
assignees of such deceased, any and all persons deriving
interest in or lien upon, or titleto said real property by,
through or under them, or either of them, and their
respective wives, widows, husbands, widowers, heirs at
law, next of kin, descendants, executors, administrators,
devisees, legatees, creditors, trustees, committees,
lienors and assigns, all of whom and whose names,
except as stated, are unknown to plaintiff; UNKNOWN
HEIRS AND DISTRIBUTEES OF THE ESTATE OF
ROBERT A. BENNETT; any and all persons unknown
to plaintiff, claiming, or who may claim to have an
interest in, or general or specific lien upon the real
property described in this action; such unknown persons
being herein generally described and intended to be
111111111111111111111111111111111111111111llll
ll11111111111111111111111111ll111111111111111111111
111111111111111!!!!!!!!!!!ll1111IIIll
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
included in the following designation, namely: the wife,
widow, husband, widower, heirs at law, next of kin,
descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors, and
assignees of such deceased, any and all persons deriving
interest in or lien upon, or title to said real property by,
through or under them, or either of them, and their
respective wives, widows, husbands, widowers, heirs at
law, next of kin, descendants, executors, administrators,
devisees, legatees, creditors, trustees, committees,
lienors and assigns, all of whom and whose names,
except as stated, are unknown to plaintiff; NEW YORK
STATE DEPARTMENT OF TAXATION AND
UNITED STATES OF AMERICA -
FINANCE;
INTERNAL REVENUE SERVICE; THE PEOPLE OF
THE STATE OF NEW YORK;
#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,
Defendants.
To the above named Defendants
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 Plaintiffs 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 thissummons is
not personally delivered to you within the State of New York) in the event the United States of
America is made a party defendant, the time to answer for the said United States of America
shall not expire until (60) days after service of the Summons; 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.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
THE OBJECT of the above caption action is to foreclose a Mortgage to
secure the sum of $92,080.00 and interest, recorded on December 5, 2017, at
Instrument number 2017-5984, of the Public Records of OTSEGO County,
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
New York, covering premises known as 17 RIVER STREET RICHFIELD
SPRINGS, NY 13439.
The relief sought in the within action is a final judgment directing the
sale of the premises described above to the debt secured the
satisfy by
Mortgage described above.
OTSEGO County is designated as the place of trial because the real
property affected by this action is located in said county.
THIS SPACE IS INTENTIONALLY LEF_T_BLANK
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
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 attorney 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.
Sending a payment to the mortgage company will not stop the 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.
Dated: October 27, 2020
RAS BOR IN, LLC
Attorney or Pla 3tiff
BY: a/
VER NICA M. RUNDLE, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. EF2019-301
COUNTY OF OTSEGO
NATIONSTAR MORTGAGE LLC D/B/A MR.
COOPER,
AMENDED COMPLAINT
Plaintiff,
vs.
PHYLLIS LUCILE TODD A/K/A LUCILE P. TODD,
AS HEIR AND DISTRIBUTEE OF THE ESTATE
OF DAVID BENNETT; JOHN A. BENNETT, AS
HEIR AND DISTRIBUTEE OF THE ESTATE OF
DAVID BENNETT; ROBERT J. GILMORE, AS
HEIR AND DISTRIBUTEE OF THE ESTATE OF
DAVID BENNETT; CHAD BENNETT, AS HEIR
AND DISTRIBUTEE OF THE ESTATE OF DAVID
BENNETT AS WELL AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF ROBER.T A.
BENNETT; REBECCA BENNETT, AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF ROBERT A.
BENNETT; UNKNOWN HEIRS AND
DISTRIBUTEES OF THE ESTATE OF DAVID
BENNETT; any and all persons unknown to plaintiff,
claiming, or who may claim to have an interest in, or
general or specific lien upon the real property
described in this action; such unknown persons being
herein generally described and intended to be included
in the following designation, namely: the wife, widow,
husband, widower, heirs at law, next of kin,
descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors, and
assignees of such deceased, any and all persons
deriving interest in or lien upon, or title to said real
property by, through or under them, or either of them,
and their respective wives, widows, husbands,
widowers, heirs at law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors,
trustees, committees, lienors and assigns, all of whom
and whose names, except as stated, are unknown to
plaintiff; UNKNOWN HEIRS AND DISTRIBUTEES
OF THE ESTATE OF RO.BERT A. BENNETT; any
and all persons unknown to plaintiff, claiming, or who
may claim to have an interest in, or general or specific
lien upon the real property described in this action;
such unknown persons being herein generally
lllll11111111111111111111111111111111
11111111111111111111111111111111111lilllllllll ll1111111111ll11111111!!!!!!!!!!!!!!!!!!!!!!!l111111
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
described and intended to be included in the following
designation, namely: the wife, widow, husband,
widower, heirs at law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors,
trustees, committees, lienors, and assignees of such
deceased, any and all persons deriving interest in or
lien upon, or title to said real property by, through or
under them, or either of them, and their respective
wives, widows, husbands, widowers, heirs at law, next
of kin, descendants, executors, administrators,
devisees, legatees, creditors, trustees, committees,
lienors and assigns, all of whom and whose names,
except as stated, are unknown to plaintiff; NEW
YORK STATE DEPARTMENT OF TAXATION
AND UNITED STATES OF AMERICA -
FINANCE;
INTERNAL REVENUE SERVICE; THE PEOPLE
OF THE STATE OF NEW YORK;
#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,
Defendants.
The complaint of the above-named plaintiff, by RAS Boriskin, LLC, its attorneys, alleges
upon information and belief as follows:
1. Plaintiff is organized under the laws of the United States of America or itsstate of
formation.
2. On December 01, 2017, DAVID BENNETT duly executed and delivered a note
whereby DAVID BENNETT promised to pay the sum of $92,080.00 plus interest as set forth
in said note. A copy of said note is annexed hereto.
3. Plaintiff, directly or through an agent has complied with allapplicable laws in an
attempt to establish ownership and/or possession of the subject note and the right to foreclosure
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
of same. Plaintiff has possession and control of the original note and mortgage, which note is
secured by the mortgage identified below, and the said note is either made payable to Plaintiff
or is duly indorsed. To the extent that the original note or interim assignments of mortgage are
lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to
New York law.
4. That to secure the payment of the sum represented by said note, DAVID BENNETT,
duly executed and delivered a mortgage which was recorded as follows and the mortgage tax
thereon was duly paid:
Recording Date: December 05, 2017
County: OTSEGO
Instrument Number 2017-5984
Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date
prior to the filing of the complaint. A copy of said mortgage is annexed hereto.
..
5. Said mortgage secured the real property known as 17 RIVER STREET, RICHFIELD
SPRINGS, NEW YORK 13439 and by Section 13.20, Block 3, Lot 46.00 together with all
fixtures and articles of personal property annexed to, installed in, or used in connection with the
mortgaged premises, all as is more fully set forth in said mortgage. A copy of the legal
description is set forth on Schedule A annexed.
6. Plaintiff is the owner and holder of said note and mortgage or has been delegated the
authority to institute a mortgage foreclosure action by the owner and holder of the said note and
mortgage.
7. DAVID BENNETT died on or about February 5, 2018.
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
8. Upon information and belief, Plaintiff complied with RPAPL 1304 and RPAPL 1306
unless exempt from doing so. Moreover, Plaintiff has complied with all conditions precedent
contained in the mortgage, ifany.
9. To the extent applicable, Plaintiff has complied with all of the provisions of Banking
Law section 595-a and any rules and regulations promulgated thereunder, Banking Law
sections 6-1 and 6-m.
10. That Defendant(s) failed to comply with the conditions of the note and mortgage by
failing to make the payment that became due on July 01, 2018 and each subsequent payment
thereafter.
11. That by reason of such defaults, Plaintiffhereby declares the balance of the principal
indebtedness immediately due and payable.
12. That there is now due and owing to the plaintiff, the principal sum of $91,262.56 with
interest thereon from June 01, 2018 plus accumulated late charges together with any sums
advanced by the plaintiff on behalf of defendant.
13. That plaintiff shall not be deemed to have waived, altered, released or changed the
election hereinbefore made by reason of the payment after the date of the commencement of
this action, of any or all of the defaults mentioned herein; and such election shall continue and
remain effective until the costs and disbursements of this action, and any and all future defaults
under the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of
this action are fully paid.
14. That to protect its security afforded by said note and mortgage, itmay be necessary for
the plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may
become liens on the mortgaged premises, and any other charges for the protection of the
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
premises, and plaintiff hereby demands that any amounts which may be so expended shall be
added to the amount of the principal sum secured by said note and mortgage, together with
interest from the time of any such payment, and that the same be paid to the plaintiff from the
proceeds of the foreclosure sale herein.
15. That the plaintiff alleges that no other proceedings have been had for the recovery of the
mortgage indebtedness or if any such action is pending, a final judgment was not rendered in
favor of Plaintiff and such action is intended to be discontinued.
16. That plaintiff further alleges that all the defendants have, or may claim to have, some
interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if
any, is subject and subordinate to the lien of the mortgage being foreclosed.
17. The description of each of the named party defendants interest is set out on Schedule
"B"
annexed.
18. The interest or lien of each of the named party defendants, if any, is set forth in
"C"
Schedule annexed.
19. The terms of said mortgage provide that defendants shall be liable to plaintiff for
attorneys'
reasonable fees incurred by plaintiff to protect or enforce plaintiffs security interest
in the premises.
20. That the sale of the mortgaged premises and title thereto are subject to the state of facts
an accurate survey will show; allcovenants, restrictions, easements, agreements and
reservations, if any, of record, and to any and all violations thereof; any and all building and
zoning regulations, restrictions and ordinances of the municipality in which said premises are
situated, and to any violations of the same, including, but not limited to, reapportionment of lot
lines, and vault charges, if any; any and all orders or requirements issued by any governmental
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
body having jurisdiction against or affecting said premises and any violation of the same; the
physical condition of any building or structure on the premises as of the date of closing
hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of any
defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any;
any and allHazardous Materials in the premises including, but not limited to, flammable
explosives, radioactive materials, hazardous wastes, asbestos or any material containing
asbestos, and toxic substances; and other conditions as set forth in the terms of sale more
particularly to be announced at the sale.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY_LEFT BLANK
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
WHEREFORE, plaintiff demands judgment against the defendants as follows:
A. The defendants and each of them, and all persons claiming under them, or any of
them subsequent to the conirñencement of this action and the filing of the Notice of
Pendency thereof, may be barred and foreclosed of all right, title,claim, lien and equity
of redemption in the mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey
will show; all covenants, restrictions, easements, agreements and reservations, if any, of
record, and to any and all violations thereof; any and all building and zoning regulations,
restrictions and ordinances of the municipality in which said premises are situated, and to
any violations of the same, including, but not limited to, reapportionment of lot lines, and
vault charges, if any; any and allorders or requirements issued by any governmental
body having jurisdiction against or affecting said premises and any violation of the same;
the physical condition of any building or structure on the premises as of the date of
closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments,
if any, now liens of record; right of Redemption of United States of America, if any;
rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR
Section 5015, if any; any and all Hazardous Materials in the prenaises including, but not
limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or
any material containing asbestos, and toxic substances; and other conditions as set forth
in the terms of sale more particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law subject to
the various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums expended by
plaintiff prior to and during the pendency of this action, and for thirty days after any sale
demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums
and other necessary and essential charges or expenses in connection therewith to protect
the mortgage lien,plus any sums expended for the protection or preservation of the
property covered by said mortgage and note, and the amount secured thereby, with
interest thereon from the time of such payment and the costs and expenses of this action
attorneys'
including reasonable fees so far as the amount of such monies properly
applicable thereto will pay the same;
F. The plaintiff be decreed to be the owner of any and all personal property used in
connection with the said mortgaged premises, except if discharged in bankruptcy;
G. The obligors may be adjudged to pay any deficiency which may remain after
applying all of said monies so applicable thereto unless the obligors were discharged in
bankruptcy;
H. awarding the relief requested in the additional causes of action stated in the
complaint, ifany;
L Plaintiff shall have such other and further relief or both, in the premises as shall
be just and equitable.
RAS BORISKIN, LLC
Attorney fo Plaintiff
BY:
VER IC l\ . RUNDLE, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
19-267900 - JW Drafter:JWeissman
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
INDEX NO . EF2 O1 9-30 1
FILED: OTSEGO COUNTY CLERK 04/16/2019 09:36 AM)
NY 5CE F DOC . NO . 1 p F PP TUF D NV QP W • A4 M EM 01O
NOTE
DECEMBER 1, 2017 COOPER5TOWN,
[Date] [City] [State]
17 RIVER STREET, RICHFIELD SPRINGS (TOWN OF RICEFILED) , NY 13439
[PropertyAddress}
1. BORROWER'S PROM1SE TO PAY
In retum for a loanthat Ihave received,I promise to pay U.S. $92, 080. 00 (thisamount iscalled
plus
"Principal"), to the order
interest, of the lander.
The Londer is PLAZA ROME MORTGAGE INC.. Iwill make
all paymentsunderthisNote in the form or money
of cash, check order.
Iunderstand thatthe Lendermay transferthis Note.
The Lender or anyone who Note
takes this by transfer
is entitled
to receive the "Note Holder "
and who payments under this Note
is called
2. INTEREST
laterest
willbe charged on unpaid principaluntilthe full
amount of Principalhas been paid.I will
pay
interest
at a yearly
rate of4. 25on
The interest
raterequiredby thisSection2 is the mte I will
pay both beforeand after
any defaultdescribed
in Section6(B)of this
Note.
3. PAYMENTS
(A) Time and Placc of Payments
I will
pay principaland interest
by makinga payment everymonth.
I will
make my monthly payment on the18T day ofeachmonth beginningon JANUARY 1, 2018.I will
make these paymentseverymonth until
I have paidall and
of the principal and any other
interest chargesdescribed
below thatI may owe under thisNote. Each month[y payment willbe appliedas ofits wizduleddue date and will
be appliedto interest
before Principal.
If,onDECEMBER 1, 2047, owe
I still amounts under I will
this Note, pay
thoseamounts on that date. Date."
in full which is called
the "Maturity
1 willmake my monthly payments at 4820 EASTGATE NALL, SUITE 100, SAN DIEGO, CA
s 2121 or at a different
place ifrequiredby theNote Holder.
(B)Amount of Monthly Payments
My monthlypayment willbein the amount of U.S. $452.98.
4. BORROWER'S RIGHT TO PREPAY
T have the right
to make payments ofPrincipalat any time
beforethey are due. A paymentof Principal
only
is known as a "Prepayment."
When I make a Prepayment, tell
I will the NoteHolder that
in writing I am doing so. I
may not designatea payment as a PrepaymentifI bave not made all
the monthly payments due under the Note.
I may make a fullPrepayment or partialPrepayments without paying a Prepayment charge. The Note
Holder willuse my Prepayments to reducethe amountof Principal
thatI owe under this Note.
However, the Note
Holder may apply my Prepaym=t to the accruedand unpaidintemston the Prepaymentamount, before applying
my Prepayment to reduce amount
the Principal If I make
of the Note. a partial
Prepayment, there will
be no changes
in the due date or in the amount
of my monthly payment unlessthe NoteHolder agrees in writing
to those
changes.
5. LOAN CHARGES
NEW YORK FlXED RATE NOTE-Single Family- Fannic Mac/Freddie Mac UNlFORM
INSTRUMENT
CE* 149 3233 ] m1 (pqge J q(
3 pages)
9 af 36
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020
-
OTSEGO CÖÜNTY I N DE XNO . EF 2 0 1 9301
IFfLED: CLERK 04/16/2019 09:36 AM
N Y SCE F D OC . NO. 1 REFETVER NVGP F P A4 1 A / ?n 1 9
• a
If a law,
which appliesto this loan
and which sets maxicaumfonn charges, interpreted
is finally so that the
interestor other
loan chargescollectedor to be collected
in connectionwiththisloanexceed the permitted
limits,
then:(a) anysuch loancharge shallbe reducedby theamount necessary to aduce the charge
to the permitted
limit;
and (b) any sumn alreadycollectedfrom me which exceeded permitted limitswillbe mihaded tome. The Note
Holder may choose to make thisrefund by reducing thePrincipalI owe under thisNote orby making a direct
payment tome. Ifa refundreduces the
Principal, reductionwill be tmated as a partial
Prepayment.
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
Ifthe NoteHolder has not received amount
the full of anymonthly payment by the end of15 calendardays
Preview
FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 EXHIBIT D FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. EF2019-301 COUNTY OF OTSEGO NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Plaintiff designates OTSEGO as the place Plaintiff, of trial situs of the real property vs. SUPPLEMENTAL SUMMONS PHYLLIS LUCILE TODD A/K/A LUCILE P. TODD, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF Mortgaged Premises: DAVID BENNETT; JOHN A. BENNETT, AS HEIR 17 RIVER STREET RICHFIELD AND DISTRIBUTEE OF THE ESTATE OF DAVID SPRINGS, NY 13439 BENNETT; ROBERT 1 GILMORE, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAVID District: Section: 13.20 BENNETT; CHAD BENNETT, AS HEIR AND Block: 3 Lot: 46.00 DISTRIBUTEE OF THE ESTATE OF DAVID BENNETT AS WELL AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBERT A. BENNETT; REBECCA BENNETT, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBERT A. BENNETT; UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF DAVID BENNETT; any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or titleto said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF ROBERT A. BENNETT; any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be 111111111111111111111111111111111111111111llll ll11111111111111111111111111ll111111111111111111111 111111111111111!!!!!!!!!!!ll1111IIIll 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; NEW YORK STATE DEPARTMENT OF TAXATION AND UNITED STATES OF AMERICA - FINANCE; INTERNAL REVENUE SERVICE; THE PEOPLE OF THE STATE OF NEW YORK; #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, Defendants. To the above named Defendants 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 Plaintiffs 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 thissummons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; 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. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above caption action is to foreclose a Mortgage to secure the sum of $92,080.00 and interest, recorded on December 5, 2017, at Instrument number 2017-5984, of the Public Records of OTSEGO County, 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 New York, covering premises known as 17 RIVER STREET RICHFIELD SPRINGS, NY 13439. The relief sought in the within action is a final judgment directing the sale of the premises described above to the debt secured the satisfy by Mortgage described above. OTSEGO County is designated as the place of trial because the real property affected by this action is located in said county. THIS SPACE IS INTENTIONALLY LEF_T_BLANK 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 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 attorney 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. Sending a payment to the mortgage company will not stop the 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. Dated: October 27, 2020 RAS BOR IN, LLC Attorney or Pla 3tiff BY: a/ VER NICA M. RUNDLE, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. EF2019-301 COUNTY OF OTSEGO NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, AMENDED COMPLAINT Plaintiff, vs. PHYLLIS LUCILE TODD A/K/A LUCILE P. TODD, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAVID BENNETT; JOHN A. BENNETT, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAVID BENNETT; ROBERT J. GILMORE, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAVID BENNETT; CHAD BENNETT, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAVID BENNETT AS WELL AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBER.T A. BENNETT; REBECCA BENNETT, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBERT A. BENNETT; UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF DAVID BENNETT; any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF RO.BERT A. BENNETT; any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally lllll11111111111111111111111111111111 11111111111111111111111111111111111lilllllllll ll1111111111ll11111111!!!!!!!!!!!!!!!!!!!!!!!l111111 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; NEW YORK STATE DEPARTMENT OF TAXATION AND UNITED STATES OF AMERICA - FINANCE; INTERNAL REVENUE SERVICE; THE PEOPLE OF THE STATE OF NEW YORK; #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, Defendants. The complaint of the above-named plaintiff, by RAS Boriskin, LLC, its attorneys, alleges upon information and belief as follows: 1. Plaintiff is organized under the laws of the United States of America or itsstate of formation. 2. On December 01, 2017, DAVID BENNETT duly executed and delivered a note whereby DAVID BENNETT promised to pay the sum of $92,080.00 plus interest as set forth in said note. A copy of said note is annexed hereto. 3. Plaintiff, directly or through an agent has complied with allapplicable laws in an attempt to establish ownership and/or possession of the subject note and the right to foreclosure 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 of same. Plaintiff has possession and control of the original note and mortgage, which note is secured by the mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 4. That to secure the payment of the sum represented by said note, DAVID BENNETT, duly executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid: Recording Date: December 05, 2017 County: OTSEGO Instrument Number 2017-5984 Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the filing of the complaint. A copy of said mortgage is annexed hereto. .. 5. Said mortgage secured the real property known as 17 RIVER STREET, RICHFIELD SPRINGS, NEW YORK 13439 and by Section 13.20, Block 3, Lot 46.00 together with all fixtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged premises, all as is more fully set forth in said mortgage. A copy of the legal description is set forth on Schedule A annexed. 6. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 7. DAVID BENNETT died on or about February 5, 2018. 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 8. Upon information and belief, Plaintiff complied with RPAPL 1304 and RPAPL 1306 unless exempt from doing so. Moreover, Plaintiff has complied with all conditions precedent contained in the mortgage, ifany. 9. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law section 595-a and any rules and regulations promulgated thereunder, Banking Law sections 6-1 and 6-m. 10. That Defendant(s) failed to comply with the conditions of the note and mortgage by failing to make the payment that became due on July 01, 2018 and each subsequent payment thereafter. 11. That by reason of such defaults, Plaintiffhereby declares the balance of the principal indebtedness immediately due and payable. 12. That there is now due and owing to the plaintiff, the principal sum of $91,262.56 with interest thereon from June 01, 2018 plus accumulated late charges together with any sums advanced by the plaintiff on behalf of defendant. 13. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid. 14. That to protect its security afforded by said note and mortgage, itmay be necessary for the plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges for the protection of the 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 premises, and plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein. 15. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 16. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed. 17. The description of each of the named party defendants interest is set out on Schedule "B" annexed. 18. The interest or lien of each of the named party defendants, if any, is set forth in "C" Schedule annexed. 19. The terms of said mortgage provide that defendants shall be liable to plaintiff for attorneys' reasonable fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises. 20. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate survey will show; allcovenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and allHazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. THE REMAINDER OF THIS PAGE IS INTENTIONALLY_LEFT BLANK 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 WHEREFORE, plaintiff demands judgment against the defendants as follows: A. The defendants and each of them, and all persons claiming under them, or any of them subsequent to the conirñencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title,claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and allorders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the prenaises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien,plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the costs and expenses of this action attorneys' including reasonable fees so far as the amount of such monies properly applicable thereto will pay the same; F. The plaintiff be decreed to be the owner of any and all personal property used in connection with the said mortgaged premises, except if discharged in bankruptcy; G. The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; H. awarding the relief requested in the additional causes of action stated in the complaint, ifany; L Plaintiff shall have such other and further relief or both, in the premises as shall be just and equitable. RAS BORISKIN, LLC Attorney fo Plaintiff BY: VER IC l\ . RUNDLE, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 19-267900 - JW Drafter:JWeissman FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 INDEX NO . EF2 O1 9-30 1 FILED: OTSEGO COUNTY CLERK 04/16/2019 09:36 AM) NY 5CE F DOC . NO . 1 p F PP TUF D NV QP W • A4 M EM 01O NOTE DECEMBER 1, 2017 COOPER5TOWN, [Date] [City] [State] 17 RIVER STREET, RICHFIELD SPRINGS (TOWN OF RICEFILED) , NY 13439 [PropertyAddress} 1. BORROWER'S PROM1SE TO PAY In retum for a loanthat Ihave received,I promise to pay U.S. $92, 080. 00 (thisamount iscalled plus "Principal"), to the order interest, of the lander. The Londer is PLAZA ROME MORTGAGE INC.. Iwill make all paymentsunderthisNote in the form or money of cash, check order. Iunderstand thatthe Lendermay transferthis Note. The Lender or anyone who Note takes this by transfer is entitled to receive the "Note Holder " and who payments under this Note is called 2. INTEREST laterest willbe charged on unpaid principaluntilthe full amount of Principalhas been paid.I will pay interest at a yearly rate of4. 25on The interest raterequiredby thisSection2 is the mte I will pay both beforeand after any defaultdescribed in Section6(B)of this Note. 3. PAYMENTS (A) Time and Placc of Payments I will pay principaland interest by makinga payment everymonth. I will make my monthly payment on the18T day ofeachmonth beginningon JANUARY 1, 2018.I will make these paymentseverymonth until I have paidall and of the principal and any other interest chargesdescribed below thatI may owe under thisNote. Each month[y payment willbe appliedas ofits wizduleddue date and will be appliedto interest before Principal. If,onDECEMBER 1, 2047, owe I still amounts under I will this Note, pay thoseamounts on that date. Date." in full which is called the "Maturity 1 willmake my monthly payments at 4820 EASTGATE NALL, SUITE 100, SAN DIEGO, CA s 2121 or at a different place ifrequiredby theNote Holder. (B)Amount of Monthly Payments My monthlypayment willbein the amount of U.S. $452.98. 4. BORROWER'S RIGHT TO PREPAY T have the right to make payments ofPrincipalat any time beforethey are due. A paymentof Principal only is known as a "Prepayment." When I make a Prepayment, tell I will the NoteHolder that in writing I am doing so. I may not designatea payment as a PrepaymentifI bave not made all the monthly payments due under the Note. I may make a fullPrepayment or partialPrepayments without paying a Prepayment charge. The Note Holder willuse my Prepayments to reducethe amountof Principal thatI owe under this Note. However, the Note Holder may apply my Prepaym=t to the accruedand unpaidintemston the Prepaymentamount, before applying my Prepayment to reduce amount the Principal If I make of the Note. a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unlessthe NoteHolder agrees in writing to those changes. 5. LOAN CHARGES NEW YORK FlXED RATE NOTE-Single Family- Fannic Mac/Freddie Mac UNlFORM INSTRUMENT CE* 149 3233 ] m1 (pqge J q( 3 pages) 9 af 36 FILED: OTSEGO COUNTY CLERK 12/18/2020 12:07 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/18/2020 - OTSEGO CÖÜNTY I N DE XNO . EF 2 0 1 9301 IFfLED: CLERK 04/16/2019 09:36 AM N Y SCE F D OC . NO. 1 REFETVER NVGP F P A4 1 A / ?n 1 9 • a If a law, which appliesto this loan and which sets maxicaumfonn charges, interpreted is finally so that the interestor other loan chargescollectedor to be collected in connectionwiththisloanexceed the permitted limits, then:(a) anysuch loancharge shallbe reducedby theamount necessary to aduce the charge to the permitted limit; and (b) any sumn alreadycollectedfrom me which exceeded permitted limitswillbe mihaded tome. The Note Holder may choose to make thisrefund by reducing thePrincipalI owe under thisNote orby making a direct payment tome. Ifa refundreduces the Principal, reductionwill be tmated as a partial Prepayment. 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Ifthe NoteHolder has not received amount the full of anymonthly payment by the end of15 calendardays