Preview
FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM INDEX NO. I2017011047
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3061752
Book Page CIVIL
Return To: No. Pages: 100
LINDA P. MANFREDI
53 Gibson Street Instrument: EXHIBIT(S)
Bay Shore, NY 11706
Control #: 202204271302
Index #: I2017011047
Date: 04/27/2022
BANK OF AMERICA, N.A. Time: 2:28:57 PM
LITZENBERGER, KENNETH
LITZENBERGER, DEBRA
STUBBINGS, DONNA
LITZENBERGER, RONALD
BADGER, DIANE
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
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
-------------------------------------------------------x Index #: 011047/2017
Bank of America, N.A.,
Plaintiff, AFFIDAVIT .
-against-
Kenneth Litzenberger, as heir to theEstate ofGeorge L. Litzenberger,
Debra Litzenberger, as heir to the Estate of George L. Litzenberger,
Donna Stubbings, as heir to the Estate of George L. Litzenberger,
Ronald Litzenberger, as heir to the Estate of George L. Litzenberger,
Diane Badger, as heir to the Estate of George L. Litzenberger, Denise
Ash, as heir to the Estate of George L. Litzenberger and George L.
Litzenberger's respective heirs-at-law, next-of-kin, distributees,
executors, administrators, trustees, devisees, legatees, assignees,
lienors, creditors, and successors in interestand generally allpersons
having or claiming under, by or through said defendant who may be
deceased, by purchase, inheritance, lienor otherwise, any right,title
or interest in the real property described in the complaint herein,
County of Monroe, United States of America, New York State
Department of Taxation and Finance, Capital One Bank (USA), N.A.,
Winthrop Capital, LLC, Latta Road Nursing Home, Ken Richardson,
Defendants.
----------------------------------------------x
STKfE OF
Califomia
) 88
Orange
COUNTY OF )
Mra M , being duly sworn, deposes and says:
1. I am Default Docurnent, Sr. Analyst of Carrington Mortgage
a(n) Services, LLC,
servicer and attorney-in-fact for the plaintiffherein. I am authorized to execute this affidavit and am
fully aware of the underlying action, as well as the papers and proceedings heretofore had herein. 1
submit this affidavitin support ofplaintiff's application for a defaultjudgment, to compute the sums
of money due plaintiff on its note and mortgage and for a judgment of foreclosure and sale.
2. I am familiar with how Carrington Mortgage Services, LLC services itsmortgage
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loans, and how itmaintains itsrecords for the mortgage loans itowns and services. I have obtained
personal knowledge of the events described below through my review of the business records of
Carrington Mortgage Services, LLC, and am competent to make this affidavil The records of
Carrington Mortgage Services, LLC Ireviewed were (i)created by someone with actual knowledge
of the transactions or events, (ii)were created at or near the time of the transactions or events, (iii)
were created by Carrington Mortgage Services, LLC in the ordinary course ofbusiness and (iv)were
maintained by Carrington Mortgage Servi.ces,LLC in the ordinary course of itsbusiness.
3, This is an action to foreclose a Mortgage executed by the defendants, George L.
Litzenberger and Donna C. Luzenberger, on September 30, 2008 to secure an indebtedness of
$118,41 1.00 on property located at 2 19 West Ivy Street, East Rochester, NY 14445. Thereafter, an
assignment into Bank of America, NA was dated December 21, 2012 and recorded January 2, 2013
in Book 172 I at Page 120. Thereafter, the loan was modified pursuant to a Loan Modification
Agreement dated April 18, 2012 which created a new lien in the amount of $1 14,170.33. Plaintiff
isthe holder of the note and was assigned the mortgage prior to the commencement of thisaction.
The note and mortgage have not been further assigned or transferred.
4. The note obligates the borrowers to make monthly payments of principal and/or
interest as set forth in the note.
5. According to the business records I have reviewed, the borrowers defaulted on the
loan by failingto make monthly payments due on October 01, 2016 and continuing to the present.
The unpaid principal balance due on the loan is $93,l 68.52.
6. The business record, annexed hereto, is a copy of the notice of default dated
November 15, 2016, which was inailed to the borrower(s) in accordance with the terms of the
mortgage. According to the business records I reviewed, the borrowers have not cured the default.
File No.:
01-033919-F01; 219 West IvyStreet, East Rochester, NY
14445; GeorgeL. Litzenberger
and Donna C. Litzenberger
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7. According to the business records I reviewed, a 90 day notice, in at least 14 point
type, was served via registered or certifiedmail and alsoby firstclass mail to the lastknown address
ofthe borrower and tothe subject premises ifdifferent from the lastknown address. This notice was
mailed prior to the commencement of this proceeding in its own separate envelope. The 90 day
notice was mailed on November 03, 2016, which is more than 90 days prior to the commencement
of thisaction. The 90 day notice expired on February 01, 2017 and the summons and complaint was
filed on November 08, 2017. A copy of the 90 day notices are annexed hereto.
8. According to the books and records of plaintift the defendants, George L.
Litzenberger and Donna C, Litzenberger, are indebted to the plaintiffas follows:
Principal Balance -$ 93,168.52
Interest from September 01, 2016 to August 01, 2019
at 4.375% rate =S 11,888.80
Total Escrow Advances =$ 13,828.34
Property Inspections =$ 80.00
Late Charges Prior to Acceleration H$ 0.00
Total Default =$118,965.66
9. From August 02, 2019 to the date titleto the mottgaged premises isconveyed by the
referee, plaintiff is entitled to recover accrued interest, costs, including monies paid for taxes,
insurance and other expenses related to the upkeep of the mortgaged premises,
10. Upon information and belief, the premises which are to be foreclosed consists of a
single dwelling on one parcel of land. Tlie only feasible method of selling the mortgaged premises,
. .
File No.:
01-033919-F01; 219 West IvyStreet, East Rochester, NY
14445; George L Litzenberger
and Donna C, Litzenberger
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pursuant to a judgment of foreclosure and salethat may hereafter be entered, isby sale inone parcel
WHEREFORE, itis respectfully requested that the relief set forth in the Order granting
Default Judgment and Judgment of Foreclosure and Sale be granted in itsentirety together with such
other and further relief as this court may deem just and proper.
By: Carrington Mortgage Services,LLC,
as servicer and attorney-in-fact
Bank o crica, N.
Afñant Signature
LAlura Havis ocrault Document, Sr.Analyst
Affiant Printed Name
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which thiscertificate is attached, and not the
truthfulness, accuracy or validity of that
document.
JURAT
State of CALIFORNIA
County ofla0&ANGEEES
Subscribed and sworn to (or affirmed) before me on this  day of
b.)CV0,M(.9 ¬ V2- , 20 l , by 1.aura Havis ,who proved to me on
the basis of satisfactory evide ce to be the pe n(s) who appeared before me.
Signature (Notary Scal)
W ny Wuland ri
Not Pub WHENYWULANDAR1
NotaryPublic- California
orangeCounty
File No.:
01-033919-F01; 2 19 West Ivy St reet, East Rochester, NY
14445 GeorgeL. Litzenberger
and Donna C. Litzenberger
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ACKNOWLEDGMENT
State of CALIFORNIA
County of MV )
on m 2 7 25
beforeme, Wheny Wufandari
,
pola ht b \ÎQinsert
name and title
ofofficer) appeared Laura HOVl$ , who proved to
personally
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certifyunder PENAUlŽ OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal,
Signature (Seal)
WuIandari
Wheny
WHENYWULANDAR1
Nowy Public- Califomia
OrangeCounty
Commissicae 2214915
MyComm.Expires
Oct17,2021
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which thiscertificate is attached, and not the
truthfulness, accuracy or validity of that
document.
File No.:Ot-033919-F01;219 West IvyStreet. East Rochester, NY
14445; George L. Litzenberger
and Donna C. Litzenberger
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BankofAmerica
PRESORT
HomeLoans
First-Class Mait
PO Box 9048 U,S. Postage and
Temecula, CA92589-904B Fees Paid
WSO
2314550085
Send Payments to:
PO Bax 15222
WHmington, DE 19886-5222
201611t6-213
Send Correspondenceto:
Ill'l""I l" '0llÏ0l'Ïl' Ù'l
ampa FL 3 631-3785 Illl I "Il I
GEORGE L LITZENBERGER & DONNA C LITZENBERGER
219 W Ivy St
East Rochester, NY 14445-1817
BREACHNY (FC}
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C3-5090 BREACHNY 19166 01/07/2016
Bankof America
l·lomeLoans
Notice Date: November 15, 2016
Account No.:
GEORGE L LITZENBERGER & DONNA C
Property Address:
LITZENBERGER
219 W IVY STREET
EAST ROCHESTER, NY 14445
East R hester,NY 14445-1817
Date of Note or Contract:September 30,2006
OriginalAmount of Note orContract: $118,411,00
NOTICE OF INTENT TO ACCELERATE
Este es un aviso importante respecto a su derecho a viviren su casa. Favor de traducirlo de inmediato.
(This is an important notice concerning your right to livein your home. Have It translated at once.)
Dear GEORGE L LITZENBERGER & DONNA C LITZENBERGER:
Bank of America, N.A. services the home loan described above on behalf of the holder of the promissory note (the
"Noteholder'). The loan is in serious
defaultbecause the requiredpayments have notbeen made, The totalamount now
required tocure thisdefault,in other
words, theamount required tobringthe loan current,as ofthe date of this
letteris as
follows:
Monthly Charges:
Month Due Principal& interest Escrow Amount Optional Insurance Total Monthly Charge
Amount Amount.
10/01/2016 $570.04 $4t9.70 $0,00 $989.74
11/01/2016 $570.04 $419.70 $0.00 $989.74
Total Monthly Charges: $1,979.48
Current Late Charges: $0.00
PriorUnpaid Late Charges: $0.00
Total Other Charges/Fees: $0.00
PartialPayment Balance: ($0.00)
TOTAL DUE $1,979,48
You have therightto cure thedefault.To cure the on
default, orbefore December 25, 2010, Bank of America, N.A. must
receive the amount of$1,979.48 plus any additionalregular monthly payment or payments, late charges, fees and
charges, whichbecome due on or before December 25, 2016. Please contact the Home Loan Team at 800.669.1904
to verifythe amount necessary to cure the defaultand bring your loan current,
funds"
The defaultwill1191 beconsidered cured unless Bank of America, N.A. receives "good in thefullamount as set
forthin the previous paragraph on orbefore December 25, 2016. This means that ifany check (or other payment) is
funds"
retumed tous for funds
insufficient or forany other reason, then "good will
not have been received and the default
willnothave been cured. No extension of timeto cure will
be granted due toa returned payment. Bank of America, N.A.
reserves the right
to accept a partial
payment of the total
amount due without waiving any of its
rightsherein orotherwise.
For example, if less
than the full
amount that is dueis sentto us,we can keep the payment and apply it to
the debt but
proceed
still to foreclosuresince thedefault would not have been cured.
The failuretocure the defaulton or before December 25, 2016, may resultin accelerationof sums secured by the
securityinstrument, foreclosureby judicial
proceeding and sale ofthe property. As such,immediate payment in full
may
be required and your property may be soldat foreclosuresale. You have the righttoreinstateafter accelerationand the
rightin anylawsuitfor foreclosureand saleto argue thatyou did keep your promises and agreements under the note and
under the securityinstrument and to presentany other defenses you have to accelerationand sale. You have the rightto
have the Noteholder's enforcement of the security instrument stopped and to have the note and securityinstrument
remain effective
fully as ifimmediate payment infullhad never been required ifyou meet the conditions stated inthe
2n95500as
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securityinstrument.
Bank ofAmerica, N.A. and the Noteholder shallbe entitledto collectall
costs, disbursements and additionalallowances
allowed by applicablelaw incurred by Bank of America, N,A. and the Noteholder in pursuing any of theirrernedies.
includingthe righttoadd allreasonable attomey's fees to the arnount thatisowed which fees shallbecome partof the
sums secured, to the fullextent permittedby law. If your property isforeclosed upon, the Noteholder may pursue a
deficiencyjudgment againstyou tocollectthebalance ofyour loan,if permittedby law.
According toyour loan documents, Bank of America, N.A. may, enterupon and conduct an inspectionof your property
because your loan is indefault. The purposes ofsuch an inspection are to observe
(i) the physical conditionof your
property,(ii)
verifythatthe property isoccupied, and/or determine
(iii) the of
identity the occupant. Ifyou do not cure the
defaultbefore the inspection,otheractions toprotect themortgagee's interestin theproperty(including,butnot limitedto,
winterization,securing the property, and valuation services) may be taken. The costs of the above-described
inspections and property preservation efforts will be charged to your account as provided in your security
instrument and as permitted by law.
If youare unable to curethe defaulton or before December 25, 2016, Bank ofAmerica, N.A. wants you to be aware of
various options that may be available to you through Bank of America, N.A. to prevent a foreclosure sale ofyour
property. For example:
" Full Payoff: You can pay offyour loan in full
bysellingyour property forany amount equal to orexceeding
the total
amount owed on your loan,or you may refinanceyour loan.
" Repayment Plan: You may be eligiblefor a repayment plan that allows you to make your regularly
scheduled mortgage payments, plus pay offa portionofthe past due amounts over time.
" Loan Modification: A loan modificationisa change to the original
terms ofyour loan. Loan modifications
could include lowering yourinterest rate,extending the term or maturitydate ofthe [oan, moving from an
adjustable toa fixed-rateloan,deferringsome portion ofthe unpaid principalbalance to theend of the loan,
and/or forgivingsome portionofthe unpaid principalbalance. Thisforeclosure is limited
alternative to certain
loan types.
" Short Sale: If youcan no longeraffordto make your mortgage payments and yourhome is worth lessthan
you owe, a shortsale may allowyou tosellyour home to pay off themortgage. in a shortsale,the lender
agrees to accept an amount lessthan what is actually
owed on the loan.
" Deed In Lieu of Foreclosure: Used as an altemative to foreclosure,witha deed in lieu
of foreclosure,you
transferownership ofyour house and allpropertysecured by your mortgage loan.This rnay the
satisfy total
arnount due on that mortgage.
If youare interestedin discussingany of these foreclosure altemativeswith Bank ofAmerica, N.A.,you must contact us
irnmediately.If youare currentlyin abankruptcy proceeding, or have previously obtained a discharge ofthis debt under
applicable bankruptcy law,please be advised thatyour decision topursue any ofthese options voluntary.
is strictly If you
request assistance, Bank of America, N.A.willneed toevaluate whether thatassistance can be extended to you. In the
meantime, Bank ofAmerica, N.A. may pursue allof its
rightsand remedies under theloan documents and as permitted
by law. unless it agreesotherwise inwriting.Failureto bring your loan currentor to enter intoa writtenagreement by
December 25, 2016 as outlinedabove may resultin the
acceleration of yourdebt.
If yourloan is currently
being evaluated fora loan modification,forbearance orother loan assistance this
solution, notice
will.n_otcancelordelay thatevaluation process. However, itis importantthatyou promptly respond to allrequests made
in connection with your evaluation fora loan assistance solution,includingallrequests for you to contact us and any
documentation required. Please comply with these requests in a timelymanner so your request forassistance can be
considered as quicklyas possible. Ifyour loan isnot eligiblefora loan assistance program, please note this letter
will
continue toserve as notice of ourrightto foreclosure.
initiate
Additionally,the U.S. Department of Housing and Urban Development (HUD) funds free or very low cost housing
counseling across the nation.Housing counselors can help you understand the law and your options. They can also help
you to organize your finances and represent you innegotiationswith your lender if youneed thisassistance. You may
finda HUD-approved housing counselor near you by 800-569-4287.
calling For the hearing impaired, HUD Counseling
Agency (TDD) numbers are availableat 800-877-8339.
Time is of the essence. Should you have any questions conceming thisnotice, please contact us immediately at
800.669.1904, Our officehours are Monday through Thursday, 7a.m. to 11 p.m.; Friday,7 a.m. to7 p.m. and Saturday,
7 a.m. to 2 p.rn.
Central.
Bank ofAmerica, N.A.
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Home Loan Team
To contact us
Phone 800.669.1904
Office Hours Monday through Thursday, 7
a.m. to 11 p.m.; Friday, 7 a.m. to 7 p.m. and
Saturday, 7 a.m. to2 p.m. Central
PO Box 31785
Mail Tampa, FL 33631-3785
To mail a PO Box 15222
payment Wilmington, DE 19886-5222
. .
E314 55D0 85
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C3_3222_BRECDISc 17930 08/14/2014
IMPORTANT DISCLOSURES
Bank of America, N.A., is required by law to inform you that this communication isfrom a debt collector.Ifyou
are currently in a bankruptcy proceeding or have previously obtained a discharge of thisdebt under bankruptcy
law, thisnotice is forinformational purposes only and isnot an attempt to collecta debt, a demand for payment
or an attempt to impose personal for
liability a discharged debt.
We may report information about your account to credit bureaus. Late payrnents, missed payments, or other
defaults on your account may be reflected inyour creditreport.
There has been a payment default or other default on your loan that could resultin acceleration of allsums due
under the Note. As a result,Bank of America, N.A. willuse companies, including its LandSafe
affiliates Default,
Inc.,LandSafe Services, LLC., LandSafe Titleof Califomia, Inc.,LandSafe Titleof Washington, inc.,LandSafe
Titleof Florida, Inc.,LandSafe Services ofAlabama, Inc., Landsafe Title of Texas, Inc.,ReconTrust Company,
N.A., and LandSafe Appraisal Services, Inc.,to provide services required to protect the Noteholder's interestIn
and rightsin the property and under the Note and security instrument, including any remedies thereunder (the
"Default Related Services"). Fees willbe assessed to your loan account for the Default Related Services,
Including those provided by affiliates.A schedule of fees that may be charged to your account for Default
Related Services isavailable at the following web address: [http://www.account-services.com/defaultfees). Ifyou
do not have intemet access, please contact us at800-669-1904, to have a fee schedule mailed to you. The fee
schedule contains a complete listofthe Default Related Services you could be charged, but does notinclude a .
complete listof all
fees or charges that could be assessed on your loan account.
MILITARY PERSONNEL/SERVICEMEMBERS: Ifyou or your spouse isa member of the military,please
contact us immediately, The federal Servicemembers Civil Relief Act (SCRA) and similar state laws provide
significantprotections and benefits toeligible militaryservice personnel. However, militaryservice and/or SCRA
qualification may not necessarily prevent foreclosure. If your loan is in default, a court may authorize
foreclosure. Ifyou are having difficultymaking your payments, please call us as soon as you can so we can
discuss various home retention options, You can reach our Enterprise Military Benefits Unit at 877.345.0693.
From outside the U.S., please callus at817.245.4094. Both numbers are avaDable 24 hours a day, 7 days a
week. Homeowner counseling iselso available at agencies such as MilitaryOnesource at militaryonesource.mil
or 800.342.9647 and Armed Forces Legal Assistance at legalassistance.law.af.mil, and through HUD-approved
housing counseling agencies, which you can find at hud.gov/offices/hsg/sfh/hcc/hes.cfm.
2314550085
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C3_5088 OPTAVDFC 15319 09/24/2012
Options are Available to Help You
Avoid Foreclosure
Preview
FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM INDEX NO. I2017011047 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3061752 Book Page CIVIL Return To: No. Pages: 100 LINDA P. MANFREDI 53 Gibson Street Instrument: EXHIBIT(S) Bay Shore, NY 11706 Control #: 202204271302 Index #: I2017011047 Date: 04/27/2022 BANK OF AMERICA, N.A. Time: 2:28:57 PM LITZENBERGER, KENNETH LITZENBERGER, DEBRA STUBBINGS, DONNA LITZENBERGER, RONALD BADGER, DIANE 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 202204271302 IndexNO. INDEX # : I2017011047 I2017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 202204271302 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM INDEXindexNO. #: I2017011047 12017011047 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE -------------------------------------------------------x Index #: 011047/2017 Bank of America, N.A., Plaintiff, AFFIDAVIT . -against- Kenneth Litzenberger, as heir to theEstate ofGeorge L. Litzenberger, Debra Litzenberger, as heir to the Estate of George L. Litzenberger, Donna Stubbings, as heir to the Estate of George L. Litzenberger, Ronald Litzenberger, as heir to the Estate of George L. Litzenberger, Diane Badger, as heir to the Estate of George L. Litzenberger, Denise Ash, as heir to the Estate of George L. Litzenberger and George L. Litzenberger's respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interestand generally allpersons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lienor otherwise, any right,title or interest in the real property described in the complaint herein, County of Monroe, United States of America, New York State Department of Taxation and Finance, Capital One Bank (USA), N.A., Winthrop Capital, LLC, Latta Road Nursing Home, Ken Richardson, Defendants. ----------------------------------------------x STKfE OF Califomia ) 88 Orange COUNTY OF ) Mra M , being duly sworn, deposes and says: 1. I am Default Docurnent, Sr. Analyst of Carrington Mortgage a(n) Services, LLC, servicer and attorney-in-fact for the plaintiffherein. I am authorized to execute this affidavit and am fully aware of the underlying action, as well as the papers and proceedings heretofore had herein. 1 submit this affidavitin support ofplaintiff's application for a defaultjudgment, to compute the sums of money due plaintiff on its note and mortgage and for a judgment of foreclosure and sale. 2. I am familiar with how Carrington Mortgage Services, LLC services itsmortgage 202204271302 INDEXIndexNO. #: I2017011047 12017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 loans, and how itmaintains itsrecords for the mortgage loans itowns and services. I have obtained personal knowledge of the events described below through my review of the business records of Carrington Mortgage Services, LLC, and am competent to make this affidavil The records of Carrington Mortgage Services, LLC Ireviewed were (i)created by someone with actual knowledge of the transactions or events, (ii)were created at or near the time of the transactions or events, (iii) were created by Carrington Mortgage Services, LLC in the ordinary course ofbusiness and (iv)were maintained by Carrington Mortgage Servi.ces,LLC in the ordinary course of itsbusiness. 3, This is an action to foreclose a Mortgage executed by the defendants, George L. Litzenberger and Donna C. Luzenberger, on September 30, 2008 to secure an indebtedness of $118,41 1.00 on property located at 2 19 West Ivy Street, East Rochester, NY 14445. Thereafter, an assignment into Bank of America, NA was dated December 21, 2012 and recorded January 2, 2013 in Book 172 I at Page 120. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated April 18, 2012 which created a new lien in the amount of $1 14,170.33. Plaintiff isthe holder of the note and was assigned the mortgage prior to the commencement of thisaction. The note and mortgage have not been further assigned or transferred. 4. The note obligates the borrowers to make monthly payments of principal and/or interest as set forth in the note. 5. According to the business records I have reviewed, the borrowers defaulted on the loan by failingto make monthly payments due on October 01, 2016 and continuing to the present. The unpaid principal balance due on the loan is $93,l 68.52. 6. The business record, annexed hereto, is a copy of the notice of default dated November 15, 2016, which was inailed to the borrower(s) in accordance with the terms of the mortgage. According to the business records I reviewed, the borrowers have not cured the default. File No.: 01-033919-F01; 219 West IvyStreet, East Rochester, NY 14445; GeorgeL. Litzenberger and Donna C. Litzenberger 202204271302 INDEX NO. I2017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM Index#:12017011047 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 7. According to the business records I reviewed, a 90 day notice, in at least 14 point type, was served via registered or certifiedmail and alsoby firstclass mail to the lastknown address ofthe borrower and tothe subject premises ifdifferent from the lastknown address. This notice was mailed prior to the commencement of this proceeding in its own separate envelope. The 90 day notice was mailed on November 03, 2016, which is more than 90 days prior to the commencement of thisaction. The 90 day notice expired on February 01, 2017 and the summons and complaint was filed on November 08, 2017. A copy of the 90 day notices are annexed hereto. 8. According to the books and records of plaintift the defendants, George L. Litzenberger and Donna C, Litzenberger, are indebted to the plaintiffas follows: Principal Balance -$ 93,168.52 Interest from September 01, 2016 to August 01, 2019 at 4.375% rate =S 11,888.80 Total Escrow Advances =$ 13,828.34 Property Inspections =$ 80.00 Late Charges Prior to Acceleration H$ 0.00 Total Default =$118,965.66 9. From August 02, 2019 to the date titleto the mottgaged premises isconveyed by the referee, plaintiff is entitled to recover accrued interest, costs, including monies paid for taxes, insurance and other expenses related to the upkeep of the mortgaged premises, 10. Upon information and belief, the premises which are to be foreclosed consists of a single dwelling on one parcel of land. Tlie only feasible method of selling the mortgaged premises, . . File No.: 01-033919-F01; 219 West IvyStreet, East Rochester, NY 14445; George L Litzenberger and Donna C, Litzenberger 202204271302 INDEXIndexNO. #: I2017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM 12017011047 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 pursuant to a judgment of foreclosure and salethat may hereafter be entered, isby sale inone parcel WHEREFORE, itis respectfully requested that the relief set forth in the Order granting Default Judgment and Judgment of Foreclosure and Sale be granted in itsentirety together with such other and further relief as this court may deem just and proper. By: Carrington Mortgage Services,LLC, as servicer and attorney-in-fact Bank o crica, N. Afñant Signature LAlura Havis ocrault Document, Sr.Analyst Affiant Printed Name A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which thiscertificate is attached, and not the truthfulness, accuracy or validity of that document. JURAT State of CALIFORNIA County ofla0&ANGEEES Subscribed and sworn to (or affirmed) before me on this  day of b.)CV0,M(.9 ¬ V2- , 20 l , by 1.aura Havis ,who proved to me on the basis of satisfactory evide ce to be the pe n(s) who appeared before me. Signature (Notary Scal) W ny Wuland ri Not Pub WHENYWULANDAR1 NotaryPublic- California orangeCounty File No.: 01-033919-F01; 2 19 West Ivy St reet, East Rochester, NY 14445 GeorgeL. Litzenberger and Donna C. Litzenberger 202204271302 INDEX FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM IndexNO. I2017011047 #:12017011047 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 ACKNOWLEDGMENT State of CALIFORNIA County of MV ) on m 2 7 25 beforeme, Wheny Wufandari , pola ht b \ÎQinsert name and title ofofficer) appeared Laura HOVl$ , who proved to personally me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifyunder PENAUlŽ OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature (Seal) WuIandari Wheny WHENYWULANDAR1 Nowy Public- Califomia OrangeCounty Commissicae 2214915 MyComm.Expires Oct17,2021 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which thiscertificate is attached, and not the truthfulness, accuracy or validity of that document. File No.:Ot-033919-F01;219 West IvyStreet. East Rochester, NY 14445; George L. Litzenberger and Donna C. Litzenberger 202204271302 Index NO. INDEX #: 12017011047 I2017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 BankofAmerica PRESORT HomeLoans First-Class Mait PO Box 9048 U,S. Postage and Temecula, CA92589-904B Fees Paid WSO 2314550085 Send Payments to: PO Bax 15222 WHmington, DE 19886-5222 201611t6-213 Send Correspondenceto: Ill'l""I l" '0llÏ0l'Ïl' Ù'l ampa FL 3 631-3785 Illl I "Il I GEORGE L LITZENBERGER & DONNA C LITZENBERGER 219 W Ivy St East Rochester, NY 14445-1817 BREACHNY (FC} 202204271302 Index NO. INDEX #:12017011047 I2017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 C3-5090 BREACHNY 19166 01/07/2016 Bankof America l·lomeLoans Notice Date: November 15, 2016 Account No.: GEORGE L LITZENBERGER & DONNA C Property Address: LITZENBERGER 219 W IVY STREET EAST ROCHESTER, NY 14445 East R hester,NY 14445-1817 Date of Note or Contract:September 30,2006 OriginalAmount of Note orContract: $118,411,00 NOTICE OF INTENT TO ACCELERATE Este es un aviso importante respecto a su derecho a viviren su casa. Favor de traducirlo de inmediato. (This is an important notice concerning your right to livein your home. Have It translated at once.) Dear GEORGE L LITZENBERGER & DONNA C LITZENBERGER: Bank of America, N.A. services the home loan described above on behalf of the holder of the promissory note (the "Noteholder'). The loan is in serious defaultbecause the requiredpayments have notbeen made, The totalamount now required tocure thisdefault,in other words, theamount required tobringthe loan current,as ofthe date of this letteris as follows: Monthly Charges: Month Due Principal& interest Escrow Amount Optional Insurance Total Monthly Charge Amount Amount. 10/01/2016 $570.04 $4t9.70 $0,00 $989.74 11/01/2016 $570.04 $419.70 $0.00 $989.74 Total Monthly Charges: $1,979.48 Current Late Charges: $0.00 PriorUnpaid Late Charges: $0.00 Total Other Charges/Fees: $0.00 PartialPayment Balance: ($0.00) TOTAL DUE $1,979,48 You have therightto cure thedefault.To cure the on default, orbefore December 25, 2010, Bank of America, N.A. must receive the amount of$1,979.48 plus any additionalregular monthly payment or payments, late charges, fees and charges, whichbecome due on or before December 25, 2016. Please contact the Home Loan Team at 800.669.1904 to verifythe amount necessary to cure the defaultand bring your loan current, funds" The defaultwill1191 beconsidered cured unless Bank of America, N.A. receives "good in thefullamount as set forthin the previous paragraph on orbefore December 25, 2016. This means that ifany check (or other payment) is funds" retumed tous for funds insufficient or forany other reason, then "good will not have been received and the default willnothave been cured. No extension of timeto cure will be granted due toa returned payment. Bank of America, N.A. reserves the right to accept a partial payment of the total amount due without waiving any of its rightsherein orotherwise. For example, if less than the full amount that is dueis sentto us,we can keep the payment and apply it to the debt but proceed still to foreclosuresince thedefault would not have been cured. The failuretocure the defaulton or before December 25, 2016, may resultin accelerationof sums secured by the securityinstrument, foreclosureby judicial proceeding and sale ofthe property. As such,immediate payment in full may be required and your property may be soldat foreclosuresale. You have the righttoreinstateafter accelerationand the rightin anylawsuitfor foreclosureand saleto argue thatyou did keep your promises and agreements under the note and under the securityinstrument and to presentany other defenses you have to accelerationand sale. You have the rightto have the Noteholder's enforcement of the security instrument stopped and to have the note and securityinstrument remain effective fully as ifimmediate payment infullhad never been required ifyou meet the conditions stated inthe 2n95500as 202204271302 Index NO. INDEX #: 12017011047 I2017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 securityinstrument. Bank ofAmerica, N.A. and the Noteholder shallbe entitledto collectall costs, disbursements and additionalallowances allowed by applicablelaw incurred by Bank of America, N,A. and the Noteholder in pursuing any of theirrernedies. includingthe righttoadd allreasonable attomey's fees to the arnount thatisowed which fees shallbecome partof the sums secured, to the fullextent permittedby law. If your property isforeclosed upon, the Noteholder may pursue a deficiencyjudgment againstyou tocollectthebalance ofyour loan,if permittedby law. According toyour loan documents, Bank of America, N.A. may, enterupon and conduct an inspectionof your property because your loan is indefault. The purposes ofsuch an inspection are to observe (i) the physical conditionof your property,(ii) verifythatthe property isoccupied, and/or determine (iii) the of identity the occupant. Ifyou do not cure the defaultbefore the inspection,otheractions toprotect themortgagee's interestin theproperty(including,butnot limitedto, winterization,securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument and as permitted by law. If youare unable to curethe defaulton or before December 25, 2016, Bank ofAmerica, N.A. wants you to be aware of various options that may be available to you through Bank of America, N.A. to prevent a foreclosure sale ofyour property. For example: " Full Payoff: You can pay offyour loan in full bysellingyour property forany amount equal to orexceeding the total amount owed on your loan,or you may refinanceyour loan. " Repayment Plan: You may be eligiblefor a repayment plan that allows you to make your regularly scheduled mortgage payments, plus pay offa portionofthe past due amounts over time. " Loan Modification: A loan modificationisa change to the original terms ofyour loan. Loan modifications could include lowering yourinterest rate,extending the term or maturitydate ofthe [oan, moving from an adjustable toa fixed-rateloan,deferringsome portion ofthe unpaid principalbalance to theend of the loan, and/or forgivingsome portionofthe unpaid principalbalance. Thisforeclosure is limited alternative to certain loan types. " Short Sale: If youcan no longeraffordto make your mortgage payments and yourhome is worth lessthan you owe, a shortsale may allowyou tosellyour home to pay off themortgage. in a shortsale,the lender agrees to accept an amount lessthan what is actually owed on the loan. " Deed In Lieu of Foreclosure: Used as an altemative to foreclosure,witha deed in lieu of foreclosure,you transferownership ofyour house and allpropertysecured by your mortgage loan.This rnay the satisfy total arnount due on that mortgage. If youare interestedin discussingany of these foreclosure altemativeswith Bank ofAmerica, N.A.,you must contact us irnmediately.If youare currentlyin abankruptcy proceeding, or have previously obtained a discharge ofthis debt under applicable bankruptcy law,please be advised thatyour decision topursue any ofthese options voluntary. is strictly If you request assistance, Bank of America, N.A.willneed toevaluate whether thatassistance can be extended to you. In the meantime, Bank ofAmerica, N.A. may pursue allof its rightsand remedies under theloan documents and as permitted by law. unless it agreesotherwise inwriting.Failureto bring your loan currentor to enter intoa writtenagreement by December 25, 2016 as outlinedabove may resultin the acceleration of yourdebt. If yourloan is currently being evaluated fora loan modification,forbearance orother loan assistance this solution, notice will.n_otcancelordelay thatevaluation process. However, itis importantthatyou promptly respond to allrequests made in connection with your evaluation fora loan assistance solution,includingallrequests for you to contact us and any documentation required. Please comply with these requests in a timelymanner so your request forassistance can be considered as quicklyas possible. Ifyour loan isnot eligiblefora loan assistance program, please note this letter will continue toserve as notice of ourrightto foreclosure. initiate Additionally,the U.S. Department of Housing and Urban Development (HUD) funds free or very low cost housing counseling across the nation.Housing counselors can help you understand the law and your options. They can also help you to organize your finances and represent you innegotiationswith your lender if youneed thisassistance. You may finda HUD-approved housing counselor near you by 800-569-4287. calling For the hearing impaired, HUD Counseling Agency (TDD) numbers are availableat 800-877-8339. Time is of the essence. Should you have any questions conceming thisnotice, please contact us immediately at 800.669.1904, Our officehours are Monday through Thursday, 7a.m. to 11 p.m.; Friday,7 a.m. to7 p.m. and Saturday, 7 a.m. to 2 p.rn. Central. Bank ofAmerica, N.A. 23w550085 202204271302 INDEX FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM IndexNO. #: I2017011047 12017011047 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 Home Loan Team To contact us Phone 800.669.1904 Office Hours Monday through Thursday, 7 a.m. to 11 p.m.; Friday, 7 a.m. to 7 p.m. and Saturday, 7 a.m. to2 p.m. Central PO Box 31785 Mail Tampa, FL 33631-3785 To mail a PO Box 15222 payment Wilmington, DE 19886-5222 . . E314 55D0 85 202204271302 INDEX NO. I2017011047 Index#:12017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 C3_3222_BRECDISc 17930 08/14/2014 IMPORTANT DISCLOSURES Bank of America, N.A., is required by law to inform you that this communication isfrom a debt collector.Ifyou are currently in a bankruptcy proceeding or have previously obtained a discharge of thisdebt under bankruptcy law, thisnotice is forinformational purposes only and isnot an attempt to collecta debt, a demand for payment or an attempt to impose personal for liability a discharged debt. We may report information about your account to credit bureaus. Late payrnents, missed payments, or other defaults on your account may be reflected inyour creditreport. There has been a payment default or other default on your loan that could resultin acceleration of allsums due under the Note. As a result,Bank of America, N.A. willuse companies, including its LandSafe affiliates Default, Inc.,LandSafe Services, LLC., LandSafe Titleof Califomia, Inc.,LandSafe Titleof Washington, inc.,LandSafe Titleof Florida, Inc.,LandSafe Services ofAlabama, Inc., Landsafe Title of Texas, Inc.,ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc.,to provide services required to protect the Noteholder's interestIn and rightsin the property and under the Note and security instrument, including any remedies thereunder (the "Default Related Services"). Fees willbe assessed to your loan account for the Default Related Services, Including those provided by affiliates.A schedule of fees that may be charged to your account for Default Related Services isavailable at the following web address: [http://www.account-services.com/defaultfees). Ifyou do not have intemet access, please contact us at800-669-1904, to have a fee schedule mailed to you. The fee schedule contains a complete listofthe Default Related Services you could be charged, but does notinclude a . complete listof all fees or charges that could be assessed on your loan account. MILITARY PERSONNEL/SERVICEMEMBERS: Ifyou or your spouse isa member of the military,please contact us immediately, The federal Servicemembers Civil Relief Act (SCRA) and similar state laws provide significantprotections and benefits toeligible militaryservice personnel. However, militaryservice and/or SCRA qualification may not necessarily prevent foreclosure. If your loan is in default, a court may authorize foreclosure. Ifyou are having difficultymaking your payments, please call us as soon as you can so we can discuss various home retention options, You can reach our Enterprise Military Benefits Unit at 877.345.0693. From outside the U.S., please callus at817.245.4094. Both numbers are avaDable 24 hours a day, 7 days a week. Homeowner counseling iselso available at agencies such as MilitaryOnesource at militaryonesource.mil or 800.342.9647 and Armed Forces Legal Assistance at legalassistance.law.af.mil, and through HUD-approved housing counseling agencies, which you can find at hud.gov/offices/hsg/sfh/hcc/hes.cfm. 2314550085 202204271302 INDEX Index NO. #: I2017011047 12017011047 FILED: MONROE COUNTY CLERK 04/27/2022 02:25 PM NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/27/2022 C3_5088 OPTAVDFC 15319 09/24/2012 Options are Available to Help You Avoid Foreclosure