Preview
FILED: NASSAU COUNTY CLERK 02/09/2021 12:45 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/09/2021
EXHIBIT F
FILED: NASSAU COUNTY CLERK 02/09/2021 12:45 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------X
HOF I GRANTOR TRUST 5, Index No. 613956/20
Plaintiff,
PLAINTIFF'S AFFIDAVIT
-against- IN SUPPORT OF ORDER
OF REFERENCE
LEGACY INV. & MANAGEMENT GROUP, et al.,
Defendants.
------------------------------------------X
STATE OF NEW YORK )
: as.:
COUNTY OF NEW YORK )
GAIL GLIDEWELL, being duly sworn, deposes and says:
That I am the General Counsel of LOAN FUNDER LLC, the
servicing agent for the Plaintiff herein. As such, I am authorized
to execute this Affidavit on behalf of Plaintiff. In the regular
performance of my job functions, I have access to, have acquired
personal knowledge of, and am fully familiar with the facts and
circumstances set forth within this Affidavit based upon my review
of the business records defined below.
I have personal knowledge of LOAN FUNDER's record keeping
practices and procedures based upon my duties as General counsel,
including how such records are created, stored, utilized and
accessed. The records include, but are not limited to, prior
servicer records, account ledgers, data compilations,
communications and electronically imaged documents, regarding the
Plaintiff's mortgage loan accounts. To the extent the records
were created by a prior servicer or agent, those records have been
incorporated into the records and are relied on by LOAN FUNDER in
its regular course of business. It is in the regular course of
business for LOAN FUNDER to make and maintain such records, and
FILED: NASSAU COUNTY CLERK 02/09/2021 12:45 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/09/2021
such records are made in the regular course of its business at the
time of the act or occurrence or event, or within a reasonable
time thereafter. LOAN FUNDER and its employees are under a duty
to accurately make such records. The records manually entered
were created by a person with personal knowledge at or near the
time of the event or occurrence. I have personally reviewed the
records in making this affidavit.
Annexed hereto as Exhibit "A" is a true copy Of the Mortgage
Note signed by the borrower and maintained as a business record of
"B"
LOAN FUNDER. Annexed hereto as Exhibit is a true copy of the
mortgage executed by the borrower which is maintained as a business
"C"
record by LOAN FUNDER. Annexed hereto as Exhibit is a true
copy of the mortgage assignment made to the Plaintiff which is
maintained as a business record by LOAN FUNDER.
This action was brought to foreclose a mortgage made to LOAN
FUNDER LLC, SERIES 5917 by LEGACY INV. & MANAGEMENT GROUP LLC, in
the sum of $240,300.00, dated 12/27/18 and recorded in the Nassau
County Clerk's Office on 1/15/19, in Book 43252, Page 476.
There is now due on account of said mortgage the principal
sum of $240,300.00, with interest thereon at the default rate of
24.00% per annum from 1/27/20, as adjusted, plus any sums advanced
the Plaintiff, and any fees, costs or charges incurred.
by
to the records of LOAN FUNDER, the subject mortgage
According
note and mortgage were assigned to the Plaintiff by an Assignment
of Mortgage dated 8/18/20, and the original Mortgage Note was
delivered to the Plaintiff or its custodial agent on or
physically
before the commencement of this foreclosure. The Plaintiff or its
FILED: NASSAU COUNTY CLERK 02/09/2021 12:45 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/09/2021
custodial agent is currently in possession of the original Mortgage
Note. According to the records, the borrower failed to comply
with the conditions of said mortgage note and mortgage by omitting
to pay the mortgage in full on its maturity date of 12/27/19, and
subsequent thereto, or within 10 days thereafter. Based upon said
default, the Plaintiff has declared the entire amount due.
That based upon my review of the records, I have knowledge of
the specific acts undertaken to comply with the conditions
precedent to acceleration of the payments due under the note
"18"
delineated in paragraph of the mortgage executed on 12/27/18.
I have examined all the matters set forth in the complaint in
this action and find same to be true to my knowledge.
LOAN FUNDER LLC
GAIL GLIDEWELL
Sworn to before me this General Counsel
of , 2021
day
hu,q
Notary Public
LUCASSAMBROOK
NOTARY PUBUC, STATE OF NEW YORK
Registration
No. 02SA6356034
Oualified
in New York
Commission County
Expires March 20, 2021
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FILED: NASSAU COUNTY CLERK 02/09/2021 12:45 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/09/2021 EXHIBIT F FILED: NASSAU COUNTY CLERK 02/09/2021 12:45 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------X HOF I GRANTOR TRUST 5, Index No. 613956/20 Plaintiff, PLAINTIFF'S AFFIDAVIT -against- IN SUPPORT OF ORDER OF REFERENCE LEGACY INV. & MANAGEMENT GROUP, et al., Defendants. ------------------------------------------X STATE OF NEW YORK ) : as.: COUNTY OF NEW YORK ) GAIL GLIDEWELL, being duly sworn, deposes and says: That I am the General Counsel of LOAN FUNDER LLC, the servicing agent for the Plaintiff herein. As such, I am authorized to execute this Affidavit on behalf of Plaintiff. In the regular performance of my job functions, I have access to, have acquired personal knowledge of, and am fully familiar with the facts and circumstances set forth within this Affidavit based upon my review of the business records defined below. I have personal knowledge of LOAN FUNDER's record keeping practices and procedures based upon my duties as General counsel, including how such records are created, stored, utilized and accessed. The records include, but are not limited to, prior servicer records, account ledgers, data compilations, communications and electronically imaged documents, regarding the Plaintiff's mortgage loan accounts. To the extent the records were created by a prior servicer or agent, those records have been incorporated into the records and are relied on by LOAN FUNDER in its regular course of business. It is in the regular course of business for LOAN FUNDER to make and maintain such records, and FILED: NASSAU COUNTY CLERK 02/09/2021 12:45 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/09/2021 such records are made in the regular course of its business at the time of the act or occurrence or event, or within a reasonable time thereafter. LOAN FUNDER and its employees are under a duty to accurately make such records. The records manually entered were created by a person with personal knowledge at or near the time of the event or occurrence. I have personally reviewed the records in making this affidavit. Annexed hereto as Exhibit "A" is a true copy Of the Mortgage Note signed by the borrower and maintained as a business record of "B" LOAN FUNDER. Annexed hereto as Exhibit is a true copy of the mortgage executed by the borrower which is maintained as a business "C" record by LOAN FUNDER. Annexed hereto as Exhibit is a true copy of the mortgage assignment made to the Plaintiff which is maintained as a business record by LOAN FUNDER. This action was brought to foreclose a mortgage made to LOAN FUNDER LLC, SERIES 5917 by LEGACY INV. & MANAGEMENT GROUP LLC, in the sum of $240,300.00, dated 12/27/18 and recorded in the Nassau County Clerk's Office on 1/15/19, in Book 43252, Page 476. There is now due on account of said mortgage the principal sum of $240,300.00, with interest thereon at the default rate of 24.00% per annum from 1/27/20, as adjusted, plus any sums advanced the Plaintiff, and any fees, costs or charges incurred. by to the records of LOAN FUNDER, the subject mortgage According note and mortgage were assigned to the Plaintiff by an Assignment of Mortgage dated 8/18/20, and the original Mortgage Note was delivered to the Plaintiff or its custodial agent on or physically before the commencement of this foreclosure. The Plaintiff or its FILED: NASSAU COUNTY CLERK 02/09/2021 12:45 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/09/2021 custodial agent is currently in possession of the original Mortgage Note. According to the records, the borrower failed to comply with the conditions of said mortgage note and mortgage by omitting to pay the mortgage in full on its maturity date of 12/27/19, and subsequent thereto, or within 10 days thereafter. Based upon said default, the Plaintiff has declared the entire amount due. That based upon my review of the records, I have knowledge of the specific acts undertaken to comply with the conditions precedent to acceleration of the payments due under the note "18" delineated in paragraph of the mortgage executed on 12/27/18. I have examined all the matters set forth in the complaint in this action and find same to be true to my knowledge. LOAN FUNDER LLC GAIL GLIDEWELL Sworn to before me this General Counsel of , 2021 day hu,q Notary Public LUCASSAMBROOK NOTARY PUBUC, STATE OF NEW YORK Registration No. 02SA6356034 Oualified in New York Commission County Expires March 20, 2021