Preview
FILED: MONROE COUNTY CLERK 02/02/2021 03:40 PM INDEX NO. E2021000215
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/02/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2617245
Book Page CIVIL
Return To: No. Pages: 19
County of Monroe Department of Law
39 West Main St. Instrument: EXHIBIT(S)
307 County Offcie Building
Rochester, NY 14614 Control #: 202102021136
Index #: E2021000215
Date: 02/02/2021
Schofield, Douglas Paul Mr Time: 3:40:58 PM
Schofield, Coleen Meagher
Planet Home Lending LLC
Buck, Sue
Brooks-Harris, Rosalind
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
202102021136 Index #
INDEX : E2021000215
NO. E2021000215
FILED: MONROE COUNTY CLERK 01/11/2021
02/02/2021 03:13
03:40 PM
NYSCEF DOC. NO. 1
39 RECEIVED NYSCEF: 01/11/2021
02/02/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2597345
Book Page CIVIL
Return To: No. Pages: 18
Douglas Paul Schofield Mr
110 Milburn Street Instrument: EFILING INDEX NUMBER
110 Milburn Street
rochester, NY 14607 Control #: 202101120417
Index #: E2021000215
Date: 01/12/2021
Schofield, Douglas Paul Mr Time: 12:42:42 PM
Schofield, Coleen Meagher
Planet Home Lending LLC
Buck, Sue
Brooks-Harris, Rosalind
State Fee Index Number $165.00
County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: ARC
Management
Total Fees Paid: $210.00
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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FILED: MONROE COUNTY CLERK 01/11/2021
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NYSCEF DOC. NO. 1
39 RECEIVED NYSCEF: 01/11/2021
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SUPREME COURT OFTHE STATE OF NEW YORK
COUNTY OF MONROE
Date Index No. Purchased:
Douglas Schofield;
Coleen Schofield; Index No.
Plaintiff(s),
-against- $P115m0115
Planet Home Lending LLC; Plaintiffsdesignate Manice County as place oftrial
Sue Buck;
Rosiland Brooks-Harris; The basisof venue is thatplaintiff
resides in
Defendant(s). Monroe County
Defendant(s) Address:
DEF. #1- 321 Research Parkway, Suite 303, Meriden, Coññêcticut, 06450
DEF. #2 - 39 West Main Street, Rochester, New York 14614
DEF. #3 - Hall,Room 109A, 30 Church Street,Rochester, New York 14614
City
TO THE ABOVE NAMED DEFNDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint inthis action and to serve a copy of your answer,
or,if thecomplaint is notserved with thissummons, to serve a notice of appearance, on Doug Schafield, the
within
plaintiff, 20 days after the serviceof thissummons, exclusiveof the day of service(or within 30 days after
the service is complete if this
suninisñs is notpersonally delivered to you within the State ofNew York);and In
case of your failureto appear or answer, judgñ7êñt willbe taken againstyou by default forthe reliefdemanded in
the complaint.
Dated: 01/09/2021
uglÊs Schofie
110 Milburn Street
Rochester, New York 14607
Land line:
(S8S) 271-7280
Cellline:(585) 219-7588
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
) Case No.
_ Douglas and Coleen Schofield )
Plaintiffs ) Jury Trial ___Yes _X_No
)
)
_ See attached )
Defendants )
JURISDICTION
Location of real property in the state of New York, in the county of Monroe.
COMPLAINT FOR A CIVIL CASE
The Parties to This Complaint
The Plaintiffs
Plaintiff No. 1
Name _Doug Schofield
Street Address _110 Milburn Street
City and County _Rochester, Monroe County
State and Zip Code _New York 14607
Telephone Number _(585) 271-7280
E-mail Address _DougSchofield@ymail.com
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Plaintiff No. 2
Name _Coleen Schofield
Street Address _110 Milburn Street
City and County _Rochester, Monroe County
State and Zip Code _New York 14607
Telephone Number _(585) 417-0357
E-mail Address _coleen_schofield@yahoo.com
The Defendants
Defendant No. 1
Name _ Planet Home Lending LLC
Job or Title _Legal Department
Street Address _321 Research Parkway, Suite 303
City and County _Meriden, New Haven County
State and Zip Code _Connecticut, 06450
Telephone Number _(866) 882-8187
E-mail Address _CS@LoanSupport.com
Defendant No. 2
Name _Sue Buck
Job or Title _Sr. Delinquent Tax Collector
Street Address _39 West Main Street
City and County _Rochester, Monroe County
State and Zip Code _New York 14614
Telephone Number _(585) 753-1200
E-mail Address _mctreasury@monroecounty.gov
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Defendant No. 3
Name _Rosiland Brooks-Harris
Job or Title _Finance Director
Street Address _City Hall, Room 109A, 30 Church Street
City and County _Rochester, Monroe County
State and Zip Code _New York 14614
Telephone Number _(585) 428-7151
E-mail Address _rosiland.brooks-harris@cityofrochester.gov
COMPLAINT
TO THE SUPREME COURT OF THE STATE OF NEW YORK
The complaint of the plaintiffs, Doug Schofield and Coleen Schofield, respectfully shows and alleges as follows:
1. The plaintiff Doug Schofield, (hereinafter referred to as plaintiff Doug) is a lifelong resident of
New York state of 56 years.
2. The plaintiff Coleen Schofield, (hereinafter referred to as plaintiff Coleen) is a lifelong resident of
New York state of 52 years.
3. Plaintiff Doug and plaintiff Coleen (hereinafter referred to as plaintiffs) are married for 23 years,
and are the sole owners the property at 110 Milburn Street, Rochester, NY, 14607 (hereinafter referred to as
plaintiff’s home) for 21 years.
4. The plaintiff’s home is the only property they own and the only location they have resided for the
past 21 years.
5. The defendant, Planet Home Lending, (hereinafter referred to as defendant lender) is a mortgage
loan LLC (limited liability company), whose principal place of business is at 321 Research Parkway in the City of
Meriden, Connecticut 06450.
6. The defendant, Sue Buck, (hereinafter referred to as defendant Buck) is the Senior Delinquent
Tax Collector for Monroe County, NY and works at 39 West Main Street, Rochester, New York 14614.
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7. The defendant, Rosiland Brooks-Harris, (hereinafter referred to as defendant Brooks-Harris) is
the Finance Director for the City of Rochester, New York and works at City Hall, Room 109A, 30 Church street,
Rochester, New York 14614.
8. Defendant lender was the mortgage company for plaintiffs and the plaintiffs’ home. The
defendant lender was responsible for collecting plaintiffs’ monthly mortgage payments and paying their city and
county taxes from an escrow account which the defendant lender managed. Plaintriff’s policy number with
defendant lender was 0001755958 (see pdf Customer Account Activity Statement).
9. On 10/10/2017, defendant lender cut 2 checks (hereinafter refered to as 2017 county tax checks)
paid to Monroe County for 2017 county property taxes (see pdf's "CountyTaxes 1" and "CountyTaxes 2") on behalf
of plaintiff’s property.
This payment was approximately 9 months late.
10. On 10/25/2017 or 10/27/2017, Monroe County sold plaintiff’s county taxes to Tower Capital
Management, a tax lien purchasing and servicing company (hereinafter referred to as Tower) according to an email
from, Jennifer Staudenmayer (hereinafter referred to as Staudenmayer), an employee of Monroe County (see pdf
2019_11_19_Email03). But according to plaintiffs’ FOIL request #20-1217 (hereinafter referred to as FOIL), the
date the plaintiffs county taxes were sold to Tower is 10/25/2017 (see “Foil Document #1”). Neither Monroe
County nor Tower informed plaintiffs or the defendant lender that the plaintiffs’ county taxes were sold to Tower.
11. On 10/30/2017, just 5 or 3 days later, Monroe County sent 2017 county tax checks to the City of
Rochester where they were deposited into the City of Rochester's bank: JP Morgan (see back of "CountyTaxes 1"
and "CountyTaxes 2") and applied to plaintiff’s City of Rochester taxes. Monroe County never told plaintiffs nor the
defendant lender that their 2017 county tax checks were applied to Rochester City taxes.
12. In later phone conversation in 03/early/2020 with City of Rochester employees (Kim Jones,
defendant Brooks-Harris and eventually Rochester’s Mayor Lovely Warren) plaintiff Doug was told that defendant
Buck did not know what to do with the 2017 county tax checks so she sent them to the City of Rochester.
13. In another phone conversation on January 30th, 2020, the defendant lender told plaintiff Doug
that it is the county's "due deligence" to call them if they don't know who to apply the taxes to and that it’s
common for them to get phone calls from counties asking for this kind of help.
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14. And in the same phone conversation on January 30th, 2020 with the defendant lender, they also
told plaintiff Doug that they rely on the cancelled checks to determine if taxes were paid. So when the City of
Rochester deposited 2017 county tax checks on 10/30/2017, the defendant lender concluded that the 2017
Monroe County taxes had been paid.
15. On 05/09/2018, plaintiff Coleen first noticed that plaintiffs owed a negative amount in their City
of Rochester taxes and emailed the City of Rochester treasurer(see pdf 2018_05_09_Email01). The city never
replied. But plaintiffs weren't concerned at this point because defendant lender told them that all taxes were paid.
Plaintiffs didn't know at the time, but know now, the negative amount was due to their 2017 county tax checks
being misapplied to their City of Rochester taxes.
16. On 04/early/2019, plaintiffs’ accountant, Chris Klee at George Peter Klee CPA, was the first one
to tell plaintiffs, when they went to do their Federal and New York tax returns, that they owed 2017 Monroe
county taxes.
17. On 04/05/2019, plaintiff Coleen emailed Monroe County regarding their missing 2017 Monroe
County taxes. Lianne Spicer, an employee of Monroe County, replied (see pdf 2019_04_05_Email03) with an
attachment (see pdf img-405101647-0001) which showed that plaintiffs owed $2,347.63 in 2017 Monroe County
taxes.
18. On 04/mid/2019, plaintiffs contacted defendant lender and requested copies of the cancelled
2017 county tax checks (see pdf's "CountyTaxes 1" and "CountyTaxes 2"). This would take months because
defendant lender had to get them from archives.
19. On 10/22/2019, defendant lender emailed plaintiff Coleen an encryted message that she used to
download copies of the cancelled 2017 county tax checks (see pdf 2019_10_22_Email01).
20. On 11/19/2019 plaintiff Coleen talked to and emailed Staudenmayer. Coleen writes "... As I
mentioned on the phone, we still had a mortgage and an escrow account in 2017, so the taxes were definitely
paid. I've attached images of two checks - both front and back - so that you can investigate this further.” (see pdf
2019_11_19_Email03)
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21. On 11/19/2019, Staudenmayer replies telling plaintiff Coleen that they reviewed the the
cancelled 2017 county tax checks and denies that they received them. Staudenmayer writes "...We would have
seen the taxes were sold and would have returned the checks" (see pdf 2019_11_19_Email03). The county did not
investigate any further.
22. On 11/26/2019, plaintiff Doug had a phone conversation with Staudenmayer and then elevated it
to defendant Buck. Defendant Buck told plaintiff Doug that they did receive the 2017 county tax checks and that
they sent them to the City of Rochester. Plaintiff Doug was also told to speak with Omar Mohamed who is a senior
accountant for the City of Rochester (hereinafter referred to as Mohamed). This is how plaintiff Doug got
Mohamed's email address. Mohamed and plaintiff Doug spoke on the phone and plaintiff Doug emailed him (see
pdf 2019_11_26_Email02).
23. On 11/26/2019 was the first time that plaintiffs found out that: Monroe County did receive the
2017 county tax checks, that they were forwarded to the City of Rochester and that the 2017 county tax checks
were misapplied to City of Rochester taxes - A two years after it happened.
24. Plaintiffs live paycheck to paycheck, only earning a modest salary. They did not have an
additional $2,347.63 to pay 2017 county taxes a second time. Therefore, it was essential to locate the misapplied
2017 county checks so that Monroe County could be paid.
25. On 11/late/2019, plaintiff Doug, due to correspondance with Mohamed, realized that a domino
effect might have occurred where misapplied 2017 county checks caused the 2017 City of Rochester tax checks
(hereinafter refered to as 2017 city tax checks) to also be misapplied. Plaintiff Doug sought to obtain the cancelled
2017 city tax checks from the defendant lender.
26. On 12/early/2019, plaintiff Doug contacted the defendant lender who expidited obtaining the
cancelled 2017 city tax checks upon learning that plaintiff’s taxes were misapplied. Plaintiffs received pdfs of the 4
cancelled 2017 city tax checks on 12/16/2019 (see pdf 2019_12_16_Email01).
27. On 01/06/2020, unbeknownst to the plaintiffs, Tower filed a “Notice of pendency” against the
plaintiff’s with the Supreme Court of Rochester, New York (see pdf TowerPendencyStarted).
28. On 01/07/2020, plaintiff Doug emailed Mohamed the 4 cancelled 2017 city tax checks (See pdf
2020_01_07_Email02 with attachments named 368693, 382004, 422726, 442219).
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29. On 01/09/2020, Mohamed emails plaintiff Doug and writes "... These checks came from a
company or an organization and they are paying other properties other than yours." (see pdf
2020_01_09_Email01). So at this point, plaintiff’s 2017 county tax checks were misapplied to plaintiff’s Rochester
city taxes and plaintiff’s 2017 city tax checks were misapplied to other people’s properties.
30. On 01/14/2020, Mohamed and plaintiff Doug set up a phone conversation (see pdf
2020_01_14_Email01). After the meeting plaintiff Doug needed to find out what portion of the defendant lender‘s
2017 city tax checks went to pay plaintiffs’ taxes, and which went to pay other people’s taxes. Plaintiff Doug asked
Mohamed if he could back out 2017 county tax checks so Monroe County could get paid. Mohamed told plaintiff
Doug that he could, but that would result in late fees from the City of Rochester dating back to 2017 that plaintiffs
would have to pay for. This investigation had to stop because of what happened next.
31. On 01/17/2020, just 3 days later, plaintiff Doug was served papers at plaintiffs’ home stating that
the plaintiffs’ home was going to be foreclosed on and eventually put up for auction. Plaintiffs had no idea this was
coming. Neither Tower nor Monroe County notified him of pending action.
32. The plaintiffs suffered mental anguish. Upon learning that plaintiffs’ home could be foreclosed on
and put up for auction, plaintiff Doug experienced so much stress that he could not even think. It was winter and
freezing outside, If the plaintiffs lose their home, where would they sleep? There were only two times in plaintiff
Doug’s 21 year marriage that he saw his wife, plaintiff Coleen cry. The first was when plaintiff Coleen’s mother
died, and then a second time when she learned that they could lose their home. Both plaintiffs experienced
sleepless nights, extreme stress, and feelings of being violated.
33. Eventually, around 10/mid/2020, plaintiffs would learn from the FOIL, that Tower claims to have
notfied plaintiffs about the lien against plaintiff’s home on 04/11/2018 and a final notice on 10/11/2019. Plaintiffs
adamantly say this is false. Plaintiffs never received any correspondence from Tower. And Tower does not have
any proof of their claim. There is no registered mail and nothing was served to the palintiffs. And the actions of
plaintiff Doug, searching for the missing taxes with Mohamed just 3 days earlier is proof that plaintiffs had no
knowledge of a final notice.
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34. But defendant Buck knew, more than a year prior, that plaintiffs had paid their 2017 Monroe
county taxes. Yet defendant Buck did not stop Tower from attempting to foreclose on the plaintiff’s home. And as
far as the plaintiffs know, defendant Buck made no attempt whatsoever to correct her mistake or even notify
plaintiffs of the whereabouts of their 2017 county tax checks .
35. On 01/17/2020, plaintiffs had to stop searching for the misapplied 2017 county tax checks and
put their efforts into saving their home.
36. On 01/22/2020, plaintiff Coleen had to take an emergency withdrawal from the only place the
plaintiffs had that much money - their 401K retirement, and had to pay an additional 20% tax penalty for early
withdrawal (see pdf Fidelity_withdrawal page 1).
37. On 01/24/2020 Tower received $6,797.26 from plaintiffs (see pdf Tower_Receipt)
38. From 01/24/2020 onward, plaintiffs spent their time seeking justice. This entailed contacting
Rochester City and Monroe County officials so that plaintiffs could identify guilty parties and eventually file a
“Notice of claim”.
39. On 02/05/2020 Tower’s attorney, Richard J. Evans Jr. filed a “Notice to cancel notice of pendency
and discontinuance of action” with the Supreme Counrt of the State of New York County of Monroe (See pdf
TowerPendencyCalled).
40. On 02/20/2020 plaintiff Coleen went to the City of Rochester webpage, which tells plaintiffs how
much they owe in taxes. Plaintiff’s 2017 county tax checks were misapplied to City of Rochester taxes so this
should have resulted in a large credit which plaintiffs could get a refund for. But plaintiff Coleen found that it said
that they actually owe $877. Plaintiff Coleen took a screen shot of the webpage (see pdf 2020_02_20_Email01).
41. On 02/20/2020 the plaintiffs realized that it was impossible for them to fix this problem. The City
of Rochester’s books don’t balance and are not insync with the information Mohamed and other City of Rochester
officials and Monroe County officials had told plaintiffs.
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42. Plaintiff Doug had spent an enormous number of hours trying to fix this problem and it was
taking time away from his work as a software developer. Plaintiff Doug works almost every day on his 8 year
software project which is not yet making money because its still being developed. And the large number of hours
trying to find 2017 county tax checks, trying to save their home and seeking justice has pushed his software release
even further out. On 02/20/2020, plaintiffs gave up trying to find their 2017 county tax checks and decided to look
to the courts for help instead.
43. On 03/13/2020 during email exchanges pliantiff Doug had with defendant Brooks-Harris, it
became apparent that the City of Rochester approved applying 2017 county tax checks (see PDF's "CountyTaxes 1"
and "CountyTaxes 2") to the Rochester City taxes. So plaintiff asked defendant Brooks-Harris "why did the city
apply county taxes to city taxes when the checks were made out to the ‘Monroe County Treasurer?’” At that point,
defendant Brooks-Harris stopped replying to plaintiff Doug (see pdf 2020_03_11_To_2020_03_16, page 2).
44. On 03/16/2020, plaintiff Doug elevated the issuse to Mayor Lovely Warren (hereinafter referred
to as Mayor Warren) and asked her the same question. Mayor Warren justified depositing 2017 county tax checks
into Rochester city taxes by writing “…but from what I have reviewed all the checks say Rochester City." (see
2020_03_11_To_2020_03_16, page 1). Mayor Warren cherry picked the data to justify her department’s actions.
The entire line actually says “Rochester City County Monroe County Treasurer”.
45. Pdf document CheckComparison shows a side by side comparison of 2017 county tax checks vs.
2017 city tax checks. The checks intended for Monroe County have Monroe County’s address on the check, say
“Monroe County Treasurer” and are mailed to the Monroe County’s address. The checks intended for the City of
Rochester have the City of Rochester’s address on the check, say “Department of Finance” and are mailed to the
City of Rochester’s address (see pdf CheckComparison).
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CAUSES OF ACTION
FIRST CAUSE OF ACTION
Negligence
The defendant lender, who was the mortgage lender to the plaintiffs, had a duty to pay the plaintiffs'
2017 county and city taxes from the escrow account they managed. The defendant lender paid the 2017 county
taxes 9 months late and the plaintiffs’ taxes had already been sold to Tower. This was a reckless delay and a breach
of duty. If the defendant lender had paid the 2017 Monroe County taxes on time, then those taxes would not have
been sold to Tower and a lien would never have been placed on the plaintiffs' home. A mortgage lender like the
defendant lender would have known the importance of paying property taxes in a timely manner, the risk of taxes
being sold, and the foreclosure process. The defendant lender also knew that, even though their 2017 county tax
checks had been cashed, that the plaintiffs’ 2017 Monroe County taxes had still not been paid. And instead of
taking a leading role in fixing what was their responsibility, the defendant lender took a backseat role and let the
plaintiffs attempt to fix the problem which led to a notice of pendency being placed on the plaintiffs’ home, the
plaintiffs experiencing mental anguish, and the plaintiffs having to withdraw money from the only place they had it
– their retirement 401K - to save their home.
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SECOND CAUSE OF ACTION
Negligence
Defendant Buck, as the Senior Delinquent Tax Collector for Monroe County, had a duty to process the
plaintiffs' delinquent 2017 county tax checks without causing harm. But defendant Buck forwarded plaintiffs' 2017
county tax checks to the City of Rochester, instead of returning them to the defendant lender, and did not tell
defendant lender nor plaintiffs of her actions. Standard care in this situation was best articulated by Monroe
County employee Staudenmayer when she wrote "...We would have seen the taxe
Preview
FILED: MONROE COUNTY CLERK 02/02/2021 03:40 PM INDEX NO. E2021000215 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/02/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2617245 Book Page CIVIL Return To: No. Pages: 19 County of Monroe Department of Law 39 West Main St. Instrument: EXHIBIT(S) 307 County Offcie Building Rochester, NY 14614 Control #: 202102021136 Index #: E2021000215 Date: 02/02/2021 Schofield, Douglas Paul Mr Time: 3:40:58 PM Schofield, Coleen Meagher Planet Home Lending LLC Buck, Sue Brooks-Harris, Rosalind Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 202102021136 Index # INDEX : E2021000215 NO. E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2597345 Book Page CIVIL Return To: No. Pages: 18 Douglas Paul Schofield Mr 110 Milburn Street Instrument: EFILING INDEX NUMBER 110 Milburn Street rochester, NY 14607 Control #: 202101120417 Index #: E2021000215 Date: 01/12/2021 Schofield, Douglas Paul Mr Time: 12:42:42 PM Schofield, Coleen Meagher Planet Home Lending LLC Buck, Sue Brooks-Harris, Rosalind State Fee Index Number $165.00 County Fee Index Number $26.00 State Fee Cultural Education $14.25 State Fee Records $4.75 Employee: ARC Management Total Fees Paid: $210.00 State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 18 202102021136 202101120417 01/12/2021 12:42:42 PM . IndexNO. #: E2021000215 CI 202101120417 INDEX E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 SUPREME COURT OFTHE STATE OF NEW YORK COUNTY OF MONROE Date Index No. Purchased: Douglas Schofield; Coleen Schofield; Index No. Plaintiff(s), -against- $P115m0115 Planet Home Lending LLC; Plaintiffsdesignate Manice County as place oftrial Sue Buck; Rosiland Brooks-Harris; The basisof venue is thatplaintiff resides in Defendant(s). Monroe County Defendant(s) Address: DEF. #1- 321 Research Parkway, Suite 303, Meriden, Coññêcticut, 06450 DEF. #2 - 39 West Main Street, Rochester, New York 14614 DEF. #3 - Hall,Room 109A, 30 Church Street,Rochester, New York 14614 City TO THE ABOVE NAMED DEFNDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint inthis action and to serve a copy of your answer, or,if thecomplaint is notserved with thissummons, to serve a notice of appearance, on Doug Schafield, the within plaintiff, 20 days after the serviceof thissummons, exclusiveof the day of service(or within 30 days after the service is complete if this suninisñs is notpersonally delivered to you within the State ofNew York);and In case of your failureto appear or answer, judgñ7êñt willbe taken againstyou by default forthe reliefdemanded in the complaint. Dated: 01/09/2021 uglÊs Schofie 110 Milburn Street Rochester, New York 14607 Land line: (S8S) 271-7280 Cellline:(585) 219-7588 2 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ) Case No. _ Douglas and Coleen Schofield ) Plaintiffs ) Jury Trial ___Yes _X_No ) ) _ See attached ) Defendants ) JURISDICTION Location of real property in the state of New York, in the county of Monroe. COMPLAINT FOR A CIVIL CASE The Parties to This Complaint The Plaintiffs Plaintiff No. 1 Name _Doug Schofield Street Address _110 Milburn Street City and County _Rochester, Monroe County State and Zip Code _New York 14607 Telephone Number _(585) 271-7280 E-mail Address _DougSchofield@ymail.com 3 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 Plaintiff No. 2 Name _Coleen Schofield Street Address _110 Milburn Street City and County _Rochester, Monroe County State and Zip Code _New York 14607 Telephone Number _(585) 417-0357 E-mail Address _coleen_schofield@yahoo.com The Defendants Defendant No. 1 Name _ Planet Home Lending LLC Job or Title _Legal Department Street Address _321 Research Parkway, Suite 303 City and County _Meriden, New Haven County State and Zip Code _Connecticut, 06450 Telephone Number _(866) 882-8187 E-mail Address _CS@LoanSupport.com Defendant No. 2 Name _Sue Buck Job or Title _Sr. Delinquent Tax Collector Street Address _39 West Main Street City and County _Rochester, Monroe County State and Zip Code _New York 14614 Telephone Number _(585) 753-1200 E-mail Address _mctreasury@monroecounty.gov 4 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 Defendant No. 3 Name _Rosiland Brooks-Harris Job or Title _Finance Director Street Address _City Hall, Room 109A, 30 Church Street City and County _Rochester, Monroe County State and Zip Code _New York 14614 Telephone Number _(585) 428-7151 E-mail Address _rosiland.brooks-harris@cityofrochester.gov COMPLAINT TO THE SUPREME COURT OF THE STATE OF NEW YORK The complaint of the plaintiffs, Doug Schofield and Coleen Schofield, respectfully shows and alleges as follows: 1. The plaintiff Doug Schofield, (hereinafter referred to as plaintiff Doug) is a lifelong resident of New York state of 56 years. 2. The plaintiff Coleen Schofield, (hereinafter referred to as plaintiff Coleen) is a lifelong resident of New York state of 52 years. 3. Plaintiff Doug and plaintiff Coleen (hereinafter referred to as plaintiffs) are married for 23 years, and are the sole owners the property at 110 Milburn Street, Rochester, NY, 14607 (hereinafter referred to as plaintiff’s home) for 21 years. 4. The plaintiff’s home is the only property they own and the only location they have resided for the past 21 years. 5. The defendant, Planet Home Lending, (hereinafter referred to as defendant lender) is a mortgage loan LLC (limited liability company), whose principal place of business is at 321 Research Parkway in the City of Meriden, Connecticut 06450. 6. The defendant, Sue Buck, (hereinafter referred to as defendant Buck) is the Senior Delinquent Tax Collector for Monroe County, NY and works at 39 West Main Street, Rochester, New York 14614. 5 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 7. The defendant, Rosiland Brooks-Harris, (hereinafter referred to as defendant Brooks-Harris) is the Finance Director for the City of Rochester, New York and works at City Hall, Room 109A, 30 Church street, Rochester, New York 14614. 8. Defendant lender was the mortgage company for plaintiffs and the plaintiffs’ home. The defendant lender was responsible for collecting plaintiffs’ monthly mortgage payments and paying their city and county taxes from an escrow account which the defendant lender managed. Plaintriff’s policy number with defendant lender was 0001755958 (see pdf Customer Account Activity Statement). 9. On 10/10/2017, defendant lender cut 2 checks (hereinafter refered to as 2017 county tax checks) paid to Monroe County for 2017 county property taxes (see pdf's "CountyTaxes 1" and "CountyTaxes 2") on behalf of plaintiff’s property. This payment was approximately 9 months late. 10. On 10/25/2017 or 10/27/2017, Monroe County sold plaintiff’s county taxes to Tower Capital Management, a tax lien purchasing and servicing company (hereinafter referred to as Tower) according to an email from, Jennifer Staudenmayer (hereinafter referred to as Staudenmayer), an employee of Monroe County (see pdf 2019_11_19_Email03). But according to plaintiffs’ FOIL request #20-1217 (hereinafter referred to as FOIL), the date the plaintiffs county taxes were sold to Tower is 10/25/2017 (see “Foil Document #1”). Neither Monroe County nor Tower informed plaintiffs or the defendant lender that the plaintiffs’ county taxes were sold to Tower. 11. On 10/30/2017, just 5 or 3 days later, Monroe County sent 2017 county tax checks to the City of Rochester where they were deposited into the City of Rochester's bank: JP Morgan (see back of "CountyTaxes 1" and "CountyTaxes 2") and applied to plaintiff’s City of Rochester taxes. Monroe County never told plaintiffs nor the defendant lender that their 2017 county tax checks were applied to Rochester City taxes. 12. In later phone conversation in 03/early/2020 with City of Rochester employees (Kim Jones, defendant Brooks-Harris and eventually Rochester’s Mayor Lovely Warren) plaintiff Doug was told that defendant Buck did not know what to do with the 2017 county tax checks so she sent them to the City of Rochester. 13. In another phone conversation on January 30th, 2020, the defendant lender told plaintiff Doug that it is the county's "due deligence" to call them if they don't know who to apply the taxes to and that it’s common for them to get phone calls from counties asking for this kind of help. 6 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 14. And in the same phone conversation on January 30th, 2020 with the defendant lender, they also told plaintiff Doug that they rely on the cancelled checks to determine if taxes were paid. So when the City of Rochester deposited 2017 county tax checks on 10/30/2017, the defendant lender concluded that the 2017 Monroe County taxes had been paid. 15. On 05/09/2018, plaintiff Coleen first noticed that plaintiffs owed a negative amount in their City of Rochester taxes and emailed the City of Rochester treasurer(see pdf 2018_05_09_Email01). The city never replied. But plaintiffs weren't concerned at this point because defendant lender told them that all taxes were paid. Plaintiffs didn't know at the time, but know now, the negative amount was due to their 2017 county tax checks being misapplied to their City of Rochester taxes. 16. On 04/early/2019, plaintiffs’ accountant, Chris Klee at George Peter Klee CPA, was the first one to tell plaintiffs, when they went to do their Federal and New York tax returns, that they owed 2017 Monroe county taxes. 17. On 04/05/2019, plaintiff Coleen emailed Monroe County regarding their missing 2017 Monroe County taxes. Lianne Spicer, an employee of Monroe County, replied (see pdf 2019_04_05_Email03) with an attachment (see pdf img-405101647-0001) which showed that plaintiffs owed $2,347.63 in 2017 Monroe County taxes. 18. On 04/mid/2019, plaintiffs contacted defendant lender and requested copies of the cancelled 2017 county tax checks (see pdf's "CountyTaxes 1" and "CountyTaxes 2"). This would take months because defendant lender had to get them from archives. 19. On 10/22/2019, defendant lender emailed plaintiff Coleen an encryted message that she used to download copies of the cancelled 2017 county tax checks (see pdf 2019_10_22_Email01). 20. On 11/19/2019 plaintiff Coleen talked to and emailed Staudenmayer. Coleen writes "... As I mentioned on the phone, we still had a mortgage and an escrow account in 2017, so the taxes were definitely paid. I've attached images of two checks - both front and back - so that you can investigate this further.” (see pdf 2019_11_19_Email03) 7 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 21. On 11/19/2019, Staudenmayer replies telling plaintiff Coleen that they reviewed the the cancelled 2017 county tax checks and denies that they received them. Staudenmayer writes "...We would have seen the taxes were sold and would have returned the checks" (see pdf 2019_11_19_Email03). The county did not investigate any further. 22. On 11/26/2019, plaintiff Doug had a phone conversation with Staudenmayer and then elevated it to defendant Buck. Defendant Buck told plaintiff Doug that they did receive the 2017 county tax checks and that they sent them to the City of Rochester. Plaintiff Doug was also told to speak with Omar Mohamed who is a senior accountant for the City of Rochester (hereinafter referred to as Mohamed). This is how plaintiff Doug got Mohamed's email address. Mohamed and plaintiff Doug spoke on the phone and plaintiff Doug emailed him (see pdf 2019_11_26_Email02). 23. On 11/26/2019 was the first time that plaintiffs found out that: Monroe County did receive the 2017 county tax checks, that they were forwarded to the City of Rochester and that the 2017 county tax checks were misapplied to City of Rochester taxes - A two years after it happened. 24. Plaintiffs live paycheck to paycheck, only earning a modest salary. They did not have an additional $2,347.63 to pay 2017 county taxes a second time. Therefore, it was essential to locate the misapplied 2017 county checks so that Monroe County could be paid. 25. On 11/late/2019, plaintiff Doug, due to correspondance with Mohamed, realized that a domino effect might have occurred where misapplied 2017 county checks caused the 2017 City of Rochester tax checks (hereinafter refered to as 2017 city tax checks) to also be misapplied. Plaintiff Doug sought to obtain the cancelled 2017 city tax checks from the defendant lender. 26. On 12/early/2019, plaintiff Doug contacted the defendant lender who expidited obtaining the cancelled 2017 city tax checks upon learning that plaintiff’s taxes were misapplied. Plaintiffs received pdfs of the 4 cancelled 2017 city tax checks on 12/16/2019 (see pdf 2019_12_16_Email01). 27. On 01/06/2020, unbeknownst to the plaintiffs, Tower filed a “Notice of pendency” against the plaintiff’s with the Supreme Court of Rochester, New York (see pdf TowerPendencyStarted). 28. On 01/07/2020, plaintiff Doug emailed Mohamed the 4 cancelled 2017 city tax checks (See pdf 2020_01_07_Email02 with attachments named 368693, 382004, 422726, 442219). 8 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 29. On 01/09/2020, Mohamed emails plaintiff Doug and writes "... These checks came from a company or an organization and they are paying other properties other than yours." (see pdf 2020_01_09_Email01). So at this point, plaintiff’s 2017 county tax checks were misapplied to plaintiff’s Rochester city taxes and plaintiff’s 2017 city tax checks were misapplied to other people’s properties. 30. On 01/14/2020, Mohamed and plaintiff Doug set up a phone conversation (see pdf 2020_01_14_Email01). After the meeting plaintiff Doug needed to find out what portion of the defendant lender‘s 2017 city tax checks went to pay plaintiffs’ taxes, and which went to pay other people’s taxes. Plaintiff Doug asked Mohamed if he could back out 2017 county tax checks so Monroe County could get paid. Mohamed told plaintiff Doug that he could, but that would result in late fees from the City of Rochester dating back to 2017 that plaintiffs would have to pay for. This investigation had to stop because of what happened next. 31. On 01/17/2020, just 3 days later, plaintiff Doug was served papers at plaintiffs’ home stating that the plaintiffs’ home was going to be foreclosed on and eventually put up for auction. Plaintiffs had no idea this was coming. Neither Tower nor Monroe County notified him of pending action. 32. The plaintiffs suffered mental anguish. Upon learning that plaintiffs’ home could be foreclosed on and put up for auction, plaintiff Doug experienced so much stress that he could not even think. It was winter and freezing outside, If the plaintiffs lose their home, where would they sleep? There were only two times in plaintiff Doug’s 21 year marriage that he saw his wife, plaintiff Coleen cry. The first was when plaintiff Coleen’s mother died, and then a second time when she learned that they could lose their home. Both plaintiffs experienced sleepless nights, extreme stress, and feelings of being violated. 33. Eventually, around 10/mid/2020, plaintiffs would learn from the FOIL, that Tower claims to have notfied plaintiffs about the lien against plaintiff’s home on 04/11/2018 and a final notice on 10/11/2019. Plaintiffs adamantly say this is false. Plaintiffs never received any correspondence from Tower. And Tower does not have any proof of their claim. There is no registered mail and nothing was served to the palintiffs. And the actions of plaintiff Doug, searching for the missing taxes with Mohamed just 3 days earlier is proof that plaintiffs had no knowledge of a final notice. 9 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 34. But defendant Buck knew, more than a year prior, that plaintiffs had paid their 2017 Monroe county taxes. Yet defendant Buck did not stop Tower from attempting to foreclose on the plaintiff’s home. And as far as the plaintiffs know, defendant Buck made no attempt whatsoever to correct her mistake or even notify plaintiffs of the whereabouts of their 2017 county tax checks . 35. On 01/17/2020, plaintiffs had to stop searching for the misapplied 2017 county tax checks and put their efforts into saving their home. 36. On 01/22/2020, plaintiff Coleen had to take an emergency withdrawal from the only place the plaintiffs had that much money - their 401K retirement, and had to pay an additional 20% tax penalty for early withdrawal (see pdf Fidelity_withdrawal page 1). 37. On 01/24/2020 Tower received $6,797.26 from plaintiffs (see pdf Tower_Receipt) 38. From 01/24/2020 onward, plaintiffs spent their time seeking justice. This entailed contacting Rochester City and Monroe County officials so that plaintiffs could identify guilty parties and eventually file a “Notice of claim”. 39. On 02/05/2020 Tower’s attorney, Richard J. Evans Jr. filed a “Notice to cancel notice of pendency and discontinuance of action” with the Supreme Counrt of the State of New York County of Monroe (See pdf TowerPendencyCalled). 40. On 02/20/2020 plaintiff Coleen went to the City of Rochester webpage, which tells plaintiffs how much they owe in taxes. Plaintiff’s 2017 county tax checks were misapplied to City of Rochester taxes so this should have resulted in a large credit which plaintiffs could get a refund for. But plaintiff Coleen found that it said that they actually owe $877. Plaintiff Coleen took a screen shot of the webpage (see pdf 2020_02_20_Email01). 41. On 02/20/2020 the plaintiffs realized that it was impossible for them to fix this problem. The City of Rochester’s books don’t balance and are not insync with the information Mohamed and other City of Rochester officials and Monroe County officials had told plaintiffs. 10 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 42. Plaintiff Doug had spent an enormous number of hours trying to fix this problem and it was taking time away from his work as a software developer. Plaintiff Doug works almost every day on his 8 year software project which is not yet making money because its still being developed. And the large number of hours trying to find 2017 county tax checks, trying to save their home and seeking justice has pushed his software release even further out. On 02/20/2020, plaintiffs gave up trying to find their 2017 county tax checks and decided to look to the courts for help instead. 43. On 03/13/2020 during email exchanges pliantiff Doug had with defendant Brooks-Harris, it became apparent that the City of Rochester approved applying 2017 county tax checks (see PDF's "CountyTaxes 1" and "CountyTaxes 2") to the Rochester City taxes. So plaintiff asked defendant Brooks-Harris "why did the city apply county taxes to city taxes when the checks were made out to the ‘Monroe County Treasurer?’” At that point, defendant Brooks-Harris stopped replying to plaintiff Doug (see pdf 2020_03_11_To_2020_03_16, page 2). 44. On 03/16/2020, plaintiff Doug elevated the issuse to Mayor Lovely Warren (hereinafter referred to as Mayor Warren) and asked her the same question. Mayor Warren justified depositing 2017 county tax checks into Rochester city taxes by writing “…but from what I have reviewed all the checks say Rochester City." (see 2020_03_11_To_2020_03_16, page 1). Mayor Warren cherry picked the data to justify her department’s actions. The entire line actually says “Rochester City County Monroe County Treasurer”. 45. Pdf document CheckComparison shows a side by side comparison of 2017 county tax checks vs. 2017 city tax checks. The checks intended for Monroe County have Monroe County’s address on the check, say “Monroe County Treasurer” and are mailed to the Monroe County’s address. The checks intended for the City of Rochester have the City of Rochester’s address on the check, say “Department of Finance” and are mailed to the City of Rochester’s address (see pdf CheckComparison). 11 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 CAUSES OF ACTION FIRST CAUSE OF ACTION Negligence The defendant lender, who was the mortgage lender to the plaintiffs, had a duty to pay the plaintiffs' 2017 county and city taxes from the escrow account they managed. The defendant lender paid the 2017 county taxes 9 months late and the plaintiffs’ taxes had already been sold to Tower. This was a reckless delay and a breach of duty. If the defendant lender had paid the 2017 Monroe County taxes on time, then those taxes would not have been sold to Tower and a lien would never have been placed on the plaintiffs' home. A mortgage lender like the defendant lender would have known the importance of paying property taxes in a timely manner, the risk of taxes being sold, and the foreclosure process. The defendant lender also knew that, even though their 2017 county tax checks had been cashed, that the plaintiffs’ 2017 Monroe County taxes had still not been paid. And instead of taking a leading role in fixing what was their responsibility, the defendant lender took a backseat role and let the plaintiffs attempt to fix the problem which led to a notice of pendency being placed on the plaintiffs’ home, the plaintiffs experiencing mental anguish, and the plaintiffs having to withdraw money from the only place they had it – their retirement 401K - to save their home. 12 of 18 202101120417 202102021136 01/12/2021 12:42:42 PM CIVIL 202101120417 IndexNO. INDEX #: E2021000215 E2021000215 FILED: MONROE COUNTY CLERK 01/11/2021 02/02/2021 03:13 03:40 PM NYSCEF DOC. NO. 1 39 RECEIVED NYSCEF: 01/11/2021 02/02/2021 SECOND CAUSE OF ACTION Negligence Defendant Buck, as the Senior Delinquent Tax Collector for Monroe County, had a duty to process the plaintiffs' delinquent 2017 county tax checks without causing harm. But defendant Buck forwarded plaintiffs' 2017 county tax checks to the City of Rochester, instead of returning them to the defendant lender, and did not tell defendant lender nor plaintiffs of her actions. Standard care in this situation was best articulated by Monroe County employee Staudenmayer when she wrote "...We would have seen the taxe