Preview
FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LEWIS
MORTGAGE FORECLOSURE
Rocket Mortgage, LLC f/k/a Quicken Loans, LLC f/k/a COMPLAINT
Quicken Loans Inc.,
Index No. _______________
Plaintiff,
Date Filed:______________
-against-
Tamera A. Cross; County of Lewis, and “JOHN DOE”, said
name being fictitious, it being the intention of Plaintiff to
designate any and all occupants of premises being foreclosed
herein, and any parties, corporations or entities, if any,
having or claiming an interest or lien upon the mortgaged
premises,
Defendants.
The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the
defendants above named, and for its cause of action, alleges that:
First: The Plaintiff herein, at all times hereinafter mentioned was and
still is a duly authorized Corporation or Association and having an office at 1050 Woodward
Avenue, Detroit, MI 48226.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants set forth in Schedule "A" reside or have a place of
business at the address set forth therein and are made defendants in this action in the capacities
therein alleged and for the purpose of foreclosing and extinguishing any other right, title or
interest said defendants may have in the subject premises.
Third: The United States of America, The People of the State of New
York, The State Tax Commission of the State of New York, the Industrial Commissioner of the
State of New York and all other agencies or instrumentalities of the Federal, State or local
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government (by whatever name designated) if made parties to this action and if appearing in
Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for
no other reason.
Fourth: Heretofore, the defendant(s), Tamera A. Cross, for the purpose of
securing to Quicken Loans, LLC f/k/a Quicken Loans Inc., its successors and assigns, the sum of
$136,438.53, duly made a certain bond, note, consolidation, extension, modification, recasting,
or assumption agreement, as the case may be, wherein and whereby they bound themselves, their
heirs, executors, administrators and assigns, and each and every one of them, jointly and
severally, in the amount of said sum of money, all as more fully appears together with the terms
of repayment of said sum or rights of Quicken Loans, LLC f/k/a Quicken Loans Inc., its
successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto
and made a part hereof.
Fifth: As security for the payment of said indebtedness, a consolidation,
extension and/or modification agreement was executed, acknowledged and delivered to Quicken
Loans, LLC f/k/a Quicken Loans Inc., its successors and assigns, wherein and whereby the
mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the
mortgagee, its successors and assigns, the premises more particularly described therein,
hereinafter called "mortgaged premises", under certain conditions with rights, duties and
privileges between or among them as more fully appears in said consolidation, extension and/or
modification agreement, a copy of which is attached hereto and made a part hereof. Said Loan
Modification (hereinafter “the Mortgage”) modified the mortgage(s) referred to in Schedule "D"
hereof to form a single first mortgage lien in the sum of $136,438.53.
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Sixth: The Plaintiff is the current owner and holder of the subject
mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action
by the owner and holder of the subject mortgage and note. If Plaintiff is not the original owner
and holder of the subject note and mortgage then information regarding the chain of title will be
contained in Schedule "D".
Seventh: The said mortgages were duly recorded and the mortgage tax due
thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the
place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to
the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale.
Eighth: The defendant(s), Tamera A. Cross, so named, have failed and
neglected to comply with the conditions of said mortgage, bond or note by omitting and failing
to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance
premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does
hereby elect to call due the entire amount presently secured by the mortgage described in
paragraph "FIFTH" hereof.
Ninth: Heretofore and prior to the commencement of this action, part of
the original principal sum may have been paid to apply on said indebtedness and there remains
due the amount set forth in Schedule "C".
Tenth: In order to protect its security, the plaintiff has paid, or will pay, as
may be compelled during the pendency of this action, local taxes, assessments, water rates,
insurance premiums, inspections and other charges affecting the mortgaged premises, and the
plaintiff requests that any sums thus paid by it for said purposes (together with interests thereon)
should be added to the sum otherwise due and be deemed secured by the said mortgage and be
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adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be
determined by the Court.
Eleventh: The defendants herein have, or claim to have, some interest in or
lien upon, said mortgaged premises or some part thereof, which interest or lien, if any, has
accrued subsequent to, has been paid, or is otherwise subordinate to, the lien of plaintiff's
mortgage.
Twelfth: There are no pending proceedings at law or otherwise to collect or
enforce said bond/note and mortgage and there is no other action pending which has been
brought to recover said mortgage debt or any part thereof.
Thirteenth: The Schedules, Exhibits and other items attached to this Complaint
are expressly incorporated and made a part of this Complaint for all purposes with the same force
and effect as if they were completely and fully set forth herein wherever reference has been made
to each or any of them.
Fourteenth: By reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting
agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late
charges, and interest, the amount of which will be determined by the Court.
Fifteenth: The mortgage provides that, in the case of foreclosure, the
mortgaged premises may be sold in one parcel.
Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released
or changed the election hereinbefore made by reason of the payment or performance, after the
date of the commencement of this action, of any or all of the defaults mentioned herein; and such
election shall continue and remain effective until the costs and disbursements of this action, and
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all present and future defaults under the Note and Mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may
be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as
a result of this action will be used for that purpose.
Eighteenth: Plaintiff has complied with all the provisions of section five-
hundred ninety-five-a of the New York State Banking Law and any rules and regulations
promulgated thereunder, section six-l or six-m of the New York State Banking Law and section
thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL).
Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, by
filing the form required by the superintendent of financial services within three business days of
mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the
New York State Department of Financial Services f/k/a New York State Banking Department; a
copy of the Proof of Filing Statement is attached hereto and made a part hereof.
Twentieth: To the extent the original obligation was discharged in bankruptcy
under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a
debt or to impose personal liability for such obligation. However, the secured party retains all
rights, and hereby exercises its right to foreclose its lien, under its security instrument.
WHEREFORE, plaintiff demands judgment:
(a) Adjudging and decreeing the amounts due the plaintiff for principal, interest,
costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
(b) That the defendants and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
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corporation whose right, title conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of
redemption in and to said mortgaged premises;
(c) That the said mortgaged premises, or such part thereof as may be necessary to
raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold according
to law;
(d) That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts then due on said bond/note and mortgage and any sum which may have been paid by the
plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said
amounts from the dates of the respective payments and advances thereof, the costs and expenses
of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in
the mortgage, rider or other agreement, so far as the amount of such money properly applicable
thereto will pay the same;
(e) That either or any of the parties to this action may become a purchaser upon such
sale;
(f) That this Court forthwith appoint a Receiver of the rents and profits of said
premises with the usual powers and duties;
(g) That the defendant(s), Tamera A. Cross, unless discharged in bankruptcy may be
adjudged to pay any deficiency that may remain after applying all of said monies so applicable
thereto;
(h) That the United States of America shall have the right of redemption, if
applicable;
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(i) That the plaintiff may have such other or further relief, or both, in the premises as
may be just and equitable.
Plaintiff specifically reserves its right to share in any surplus monies arising from the sale
of subject premises by virtue of its position as a judgment or other lien creditor excluding the
mortgage being foreclosed herein.
Dated: November
_______________
21, 2022
________________________
Nicole DiStasio, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Our File No. 22-091617
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SCHEDULE A – DEFENDANTS
DEFENDANTS CAPACITY
Tamera A. Cross Owner of record and Obligor by virtue of the
4689 Old State Road Consolidation and/or Modification
Carthage, NY 13619 Agreement referred to in Schedule D attached
hereto.
“JOHN DOE” Said name being fictitious, it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
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SCHEDULE B – DEFENDANTS
DEFENDANTS CAPACITY
County of Lewis Subordinate mortgagee by virtue of a
7660 N. State Street Mortgage recorded on July 31, 2020 in
Lowville, NY 13367 Instrument Number 2020-3346.
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SCHEDULE C
MORTGAGE INFORMATION
1. Original Amount of Bond/Note/
Consolidation or Modification Agreement $136,438.53
2. Last installment due and paid April 1, 2022
3. Date of first unpaid installment/
default date May 1, 2022
AMOUNT DUE
4. Principal balance owing $134,219.31
5. *Interest @ 2.75%
from April 1, 2022 To Be Calculated at Judgment
6. Late charges as per the terms of the Note To Be Calculated at Judgment
7. Taxes Advanced by Plaintiff To Be Calculated at Judgment
8. Escrow Advances To Be Calculated at Judgment
* Interest will continue to accrue at the contract bond/note/loan agreement rate, until a
Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at
which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004.
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SCHEDULE D
The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated June
22, 2021, executed by Tamera A. Cross, as Mortgagor(s) to Quicken Loans, LLC f/k/a Quicken
Loans Inc., as Mortgagee, to secure the sum of $136,438.53.
The foregoing instrument consolidated and/or modified the following mortgage(s): The
Mortgage given by Tamera A. Cross to Mortgage Electronic Registration Systems, Inc., as
mortgagee, as nominee for Quicken Loans, Inc., its successors and assigns to secure the sum of
$126,262.00 dated August 16, 2018 and recorded on August 27, 2018 in Instrument Number
2018-004251. The Mortgage was transferred to Quicken Loans, Inc. and said transfer was
memorialized by an Assignment of Mortgage dated February 22, 2019 and recorded on March 7,
2019 in Instrument Number 2019-001033. The Loan Modification Agreement given by Tamera
A. Cross to Quicken Loans, Inc. to secure the sum of $127,777.76 dated September 11, 2019 and
recorded on November 25, 2019 in Instrument Number 2019-006025.
In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
assign, and was delivered to Plaintiff prior to the commencement of this action.
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NYSCEF DOC.feV¾¿ph
NO. 2 LEWIS COUNTY - STATE OF NEW YORK RECEIVED NYSCEF: 12/02/2022
LINDA D. HOSKINS, LEWIS COUNTY CLERK
7660 NORTH STATE STREET, LOWVILLE, NEW YORK 13367
COUNTY CLERK'S RECORDING PAGE
DETACH***
***THIS PAGE IS PART OF THE DOCUMENT-DO NOT
Recordi ng :
cover Page 5.00
Recordi ng Fee 40.00
cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
TP584 5.00
INSTRUMENT #: 2018-004250 RP5217 Residential/Agri cu 116.00
RP5217 - 9.00
County
Recei pt#: 2018156449
Clerk: BP Sub Total: 195.00
Rec Date: 08/27/2018 02:48:52 PM
Doc Grp: RP Transfer Tax
Descri p: DEED Transfer Tax 500.00
Num Pgs : 5 --
Sub Total: 500.00
Party1: HUTCHINS DIANA R
Party2: CROSS TAMERA A
Town: CROGHAN Total: 695.00
**** NOTICE: THIS IS NOT A BILL ****
***** Transfer Tax *****
Transfer Tax #: 119
Transfer Tax
consideration: 125000.00
Transfer Tax 500.00
Total: 500.00
Record and Return To:
7
Linda D. Hoskins
Lewis County Clerk
TIMOTHY A. FARLEY, PC
1717 STATE STREET
WATERTOWN NY 13601
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WARRANTY DEED
THIS INDENTURE, made _/p_, 2018
BETWEEN: DIANA R. HUTCHINS, individually and as surviving
tenant by the entirety to JOHN E. HUTCHINS,
w 5 38 N. Bridge Street,
co
Carthage, New York 13619,
Grantor
O And TAMERA A. CROSS,
920A Emjay Way,
Carthage, New York 13619,
Grantee
WITNESSETH, that the Grantor, in consideration of ONE AND 00/100 ($1.00)
DOLLAR, and other good valuable consideration releases unto the Grantee, the heirs or
successors and assigns of the Grantee, forever, premises more particularly described in
"A"
Schedule attached hereto.
TOGETHER with the appurtenances and all the estate and rights of the Grantor in and
to said premises.
TO HAVE AND TO HOLD the premises here granted unto the Grantee, the heirs or
successors and assigns of the Grantee forever.
And the said Grantor covenants as follows:
FIRST: That the Grantor is seized of the said premises in fee simple and has good
right to convey the same.
SECOND: That the Grantee shall quietly enjoy the said premises.
THIRD: That the said premises are free from encumbrances.
FOURTH: That the Grantor will forever warrant the title to said premises.
This deed is subject to the trust provisions of Section 13 of the Lien Law of the State of
New York.
"Grantor" "Grantee"
The words and shall be construed to read in the plural whenever the
sense of this deed so requires.
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IN WITNESS WHEREOF, the Grantor has executed this deed on the day and year first
above written.
(#// . L.S.
Diana R. Hutchins
STATE OF NEW YORK )
) SS:
COUNTYOFJEFFERSON )
On the (fcday of August, in the year 2018, before me, the undersigned, a notary public
in and for said state, personally appeared DIANA R. HUTCHINS personally known to
me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
they/he/she executed the same in their/hers/his capacity(ies) and that by their/his/hers
signature(s) on the instrument, the individual(s) or the person of which the
individual(s) acted, executed the instrument.
Notary Public
TIMOTHY A. FARL
Stat of NewYork
Public.
Notary n County
Ouahfied in Jeffer
Commission Expi es Feb.22, 2022
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"A"
SCHEDULE
THOMASJ. KOVACH
PROFESSIONAL LAND SURVEYOR
P.O. Box 471, 7557 South State Street, Suite 2
Lowville, New York 13367
Telephone (315) 874-4318
Fax (315) 874-4319
2015 - No. 12214
July 01, Survey
Hutchins to VanderVeeken - 7.51 Acre Parcel:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the Town of Croghan, County of Lewis
and State of New York, being a part of the 8th West, 18th North Range in Great Lot Number 5 of
Macomb's Purchase, and being a portion of the 50.00 acre parcel of land conveyed to John E.
Hutchins and Diana R. Hutchins by Robert L. Beckman and Ann M. Beckman by Deed dated
October 14, 1988 and recorded in the Lewis County Clerk's Office on October 20, 1988 in Book 502
. of Deeds at page 116, and said portion being bounded and described as follows:
Beginning at the southwest corner of the said 50.00 acre parcel, a point in the centerline of the
present surface of the Old State Road;
Thence from said point of beginning, N. 15 deg. 45 min. 33 sec. E.,along the west boundary of the
24.60' ½"
50.00 acre parcel, a distance of to a iron pin set in 1988;
Thence continuing, N. 15 deg. 45 min. 33 sec. E.,along the west boundary of the 50.00 acre parcel,
636.97' ½"
a distance of to a set rebar;
272.31' ½"
Thence S. 72 deg. 44 min. 10 sec. E., into the 50.00 acre parcel, a distance of to a set
rebar;
708.23' ½"
Thence S. 05 deg. 01 min. 33 sec. E.,a distance of to a set rebar;
231.27' ½"
Thence S. 37 deg. 02 min. 46 sec. W. to a set rebar;
32.09'
Thence continuing S. 37 deg. 02 min. 46 sec. W., a distance of to a point in the centerline of
the present surface of the Old State Road;
Thence N. 43 deg. 38 min. 13 sec. W., along the centerline of the present surface of the Old State
497.18'
Road, a distance of to the point of heginning containing 7.51acres of land as shown on
Showing Partial Subdivision Of Lands Of Diana R. Hutchins In The 8th West, 18th North
"Map
- - York"
Range In Great Lot Number 5 - Macomb's Purchase Town of Croghan Lewis Eew
County
by Thomas J. Kovach P.L.S. No. 49092 dated July 01, 2015.
Subject to an easement granted by Russell Houppert and Judith Houppert to the New York
Telephone dated June 24, 1975 and recorded in the Lewis County Clerk's Office on July
Company
22, 1975 in Book 335 of Deeds at page 275.
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PAGE 2
ALSO Subject to an easement granted Robert
by L Beckman to the Niagara Mohawk Power
Corporation dated June 4, 1985 and recorded in the Lewis County Clerk's office on August 1985
1,
in Book 459 of Deeds at page 36.
ALSO Subject to public and municipal rights in that portion of the described premises which is
situate within the established right of of the Old
way State Road.
And Subject to any and allother rights, restrictions and reservations of record.
John E. Hutchins 'di ed on May 17, 2014
BEING the same premises as conveyed by Robert L Beckman and Ann M. Beckman to
John E. Hutchins and Diana R. Hutchins by Warranty Deed dated October 14, 1988 and
recorded in the Jefferson County Clerk's Office on October 20, 1988 in Liber 502 at Page
116.
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MERS MIN:
Cross. Tamera
August 16. 2018 Carthage NY
[Date] (City] (Statc]
4689 Old State Rd
Carthage. NY 13619-9405
[Propedy
Address]
1. BORROWER'S PROMISE TO PAY
In return for a Ioan that I havereceived,I promiseto pay U.S. $ 126,262.00
(this amountis called "Principal"),
plus interest, to the order of the Lender. The Leader is
QU1Cken loanS Inc .
I will makeall paymentsunderthis Note in the form of cash,checkor money order.
I understandthat the Lender may transfer this Note. The Lender or anyonewho takesthis Note by transfer and who is
entitled to receive paymentsunder this Note is called the "Note Holder "
2.INTEREST
Interestwill be chargedon unpaid principal until the full amountof Principal hasbeenpaid. I will pay interestat a yearly rate
of 4.875 %.
The interestrate required by this Section2 is therate I will pay both before andafter any default describedin Section6(B) of
this Note.
3.PAYMENTS
(A) Tinaeand Placeof Payments
I will pay principal and interestby making a paymentevery month.
makemy monthly paymenton the 1St
I will day of eachmonth beginning on 0Ctober
1. 2018 .Iwill
makethesepaymentsevery month until I havepaid all of the priIcipat and interestand any other chargesdescribedbelow that I
may owe underthis Note. Each monthly paymentwill be applied as of its scheduleddue dateandwill be applied to interestbefore
September
Principal. If, on 1, 2048 , I still owe amountsunder this Note, I wilt pay thosearnountsin full on that date,
which is called the "Maturity Date."
I will
makemy monthly paymentsat P.O.
Box 6577. Carol Stream. IL 60197
or at a different placeif required by the Note Holder.
(B) Amount of Monthly Payments
My monthly paymentwill be in the amountof U,S. $ 668.19
4. BORROWER'S RIGHT TO PREPAY
I havethe right to makepaymentsof Principal at any time before they aredue. A paymentof Principal only is known asa
"Prepayment."WhenI makea
Prepayment,I will tell theNote Holder in writing that I am doing so. I may not designatea payment
asa Prepaymentif I havenot madeall the monthly paymentsdueundertheNote.
1 may makea full Prepaymentor partial Prepaymentswithout paying a Prepaymentcharge.The Note Holder will
use my
Propaymentsto reducethe amountof Principal that I owe underthis Note. However, the Note Holder may apply my Prepaymentto
the accruedandunpaid intereston the Prepaymentamount,before applying my Prepaymentto reducethe Principal amountof the
Note. If I makea partial Prepayment,therewill be no changesin the due dateor in the amountof my monthly paymentunlessthe
Note Holder agreesin writing to thosechanges.
oRKFIXED
RATENOTE
-SIngle - Fannlo
Farolly MaafFreddle
MacUNIFoRM
INSfRUMENT
Wolters
Mower aervices
Firianciat age1of3
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FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LEWIS MORTGAGE FORECLOSURE Rocket Mortgage, LLC f/k/a Quicken Loans, LLC f/k/a COMPLAINT Quicken Loans Inc., Index No. _______________ Plaintiff, Date Filed:______________ -against- Tamera A. Cross; County of Lewis, and “JOHN DOE”, said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, LOGS Legal Group LLP, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office at 1050 Woodward Avenue, Detroit, MI 48226. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants set forth in Schedule "A" reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. Third: The United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York and all other agencies or instrumentalities of the Federal, State or local 22-091617 Complaint Page 1 of 8 1 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 government (by whatever name designated) if made parties to this action and if appearing in Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for no other reason. Fourth: Heretofore, the defendant(s), Tamera A. Cross, for the purpose of securing to Quicken Loans, LLC f/k/a Quicken Loans Inc., its successors and assigns, the sum of $136,438.53, duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of Quicken Loans, LLC f/k/a Quicken Loans Inc., its successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: As security for the payment of said indebtedness, a consolidation, extension and/or modification agreement was executed, acknowledged and delivered to Quicken Loans, LLC f/k/a Quicken Loans Inc., its successors and assigns, wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, hereinafter called "mortgaged premises", under certain conditions with rights, duties and privileges between or among them as more fully appears in said consolidation, extension and/or modification agreement, a copy of which is attached hereto and made a part hereof. Said Loan Modification (hereinafter “the Mortgage”) modified the mortgage(s) referred to in Schedule "D" hereof to form a single first mortgage lien in the sum of $136,438.53. 22-091617 Complaint Page 2 of 8 2 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 Sixth: The Plaintiff is the current owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. If Plaintiff is not the original owner and holder of the subject note and mortgage then information regarding the chain of title will be contained in Schedule "D". Seventh: The said mortgages were duly recorded and the mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale. Eighth: The defendant(s), Tamera A. Cross, so named, have failed and neglected to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH" hereof. Ninth: Heretofore and prior to the commencement of this action, part of the original principal sum may have been paid to apply on said indebtedness and there remains due the amount set forth in Schedule "C". Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be compelled during the pendency of this action, local taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes (together with interests thereon) should be added to the sum otherwise due and be deemed secured by the said mortgage and be 22-091617 Complaint Page 3 of 8 3 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be determined by the Court. Eleventh: The defendants herein have, or claim to have, some interest in or lien upon, said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to, has been paid, or is otherwise subordinate to, the lien of plaintiff's mortgage. Twelfth: There are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage and there is no other action pending which has been brought to recover said mortgage debt or any part thereof. Thirteenth: The Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of this Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. Fourteenth: By reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late charges, and interest, the amount of which will be determined by the Court. Fifteenth: The mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and 22-091617 Complaint Page 4 of 8 4 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid and cured. Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a result of this action will be used for that purpose. Eighteenth: Plaintiff has complied with all the provisions of section five- hundred ninety-five-a of the New York State Banking Law and any rules and regulations promulgated thereunder, section six-l or six-m of the New York State Banking Law and section thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL). Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, by filing the form required by the superintendent of financial services within three business days of mailing the RPAPL § 1304 notice, as evinced by the Proof of Filing Statement issued by the New York State Department of Financial Services f/k/a New York State Banking Department; a copy of the Proof of Filing Statement is attached hereto and made a part hereof. Twentieth: To the extent the original obligation was discharged in bankruptcy under Title 11 of the United States Code, this pleading does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, the secured party retains all rights, and hereby exercises its right to foreclose its lien, under its security instrument. WHEREFORE, plaintiff demands judgment: (a) Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs, and reasonable attorney's fees, if and as provided for in the said mortgage; (b) That the defendants and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or 22-091617 Complaint Page 5 of 8 5 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of redemption in and to said mortgaged premises; (c) That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; (d) That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts then due on said bond/note and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in the mortgage, rider or other agreement, so far as the amount of such money properly applicable thereto will pay the same; (e) That either or any of the parties to this action may become a purchaser upon such sale; (f) That this Court forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; (g) That the defendant(s), Tamera A. Cross, unless discharged in bankruptcy may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto; (h) That the United States of America shall have the right of redemption, if applicable; 22-091617 Complaint Page 6 of 8 6 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 (i) That the plaintiff may have such other or further relief, or both, in the premises as may be just and equitable. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the mortgage being foreclosed herein. Dated: November _______________ 21, 2022 ________________________ Nicole DiStasio, Esq. Associate Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Our File No. 22-091617 22-091617 Complaint Page 7 of 8 7 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 SCHEDULE A – DEFENDANTS DEFENDANTS CAPACITY Tamera A. Cross Owner of record and Obligor by virtue of the 4689 Old State Road Consolidation and/or Modification Carthage, NY 13619 Agreement referred to in Schedule D attached hereto. “JOHN DOE” Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 22-091617 8 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 SCHEDULE B – DEFENDANTS DEFENDANTS CAPACITY County of Lewis Subordinate mortgagee by virtue of a 7660 N. State Street Mortgage recorded on July 31, 2020 in Lowville, NY 13367 Instrument Number 2020-3346. 22-091617 9 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 SCHEDULE C MORTGAGE INFORMATION 1. Original Amount of Bond/Note/ Consolidation or Modification Agreement $136,438.53 2. Last installment due and paid April 1, 2022 3. Date of first unpaid installment/ default date May 1, 2022 AMOUNT DUE 4. Principal balance owing $134,219.31 5. *Interest @ 2.75% from April 1, 2022 To Be Calculated at Judgment 6. Late charges as per the terms of the Note To Be Calculated at Judgment 7. Taxes Advanced by Plaintiff To Be Calculated at Judgment 8. Escrow Advances To Be Calculated at Judgment * Interest will continue to accrue at the contract bond/note/loan agreement rate, until a Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004. 22-091617 10 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 SCHEDULE D The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated June 22, 2021, executed by Tamera A. Cross, as Mortgagor(s) to Quicken Loans, LLC f/k/a Quicken Loans Inc., as Mortgagee, to secure the sum of $136,438.53. The foregoing instrument consolidated and/or modified the following mortgage(s): The Mortgage given by Tamera A. Cross to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Quicken Loans, Inc., its successors and assigns to secure the sum of $126,262.00 dated August 16, 2018 and recorded on August 27, 2018 in Instrument Number 2018-004251. The Mortgage was transferred to Quicken Loans, Inc. and said transfer was memorialized by an Assignment of Mortgage dated February 22, 2019 and recorded on March 7, 2019 in Instrument Number 2019-001033. The Loan Modification Agreement given by Tamera A. Cross to Quicken Loans, Inc. to secure the sum of $127,777.76 dated September 11, 2019 and recorded on November 25, 2019 in Instrument Number 2019-006025. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. 22-091617 11 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC.feV¾¿ph NO. 2 LEWIS COUNTY - STATE OF NEW YORK RECEIVED NYSCEF: 12/02/2022 LINDA D. HOSKINS, LEWIS COUNTY CLERK 7660 NORTH STATE STREET, LOWVILLE, NEW YORK 13367 COUNTY CLERK'S RECORDING PAGE DETACH*** ***THIS PAGE IS PART OF THE DOCUMENT-DO NOT Recordi ng : cover Page 5.00 Recordi ng Fee 40.00 cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 TP584 5.00 INSTRUMENT #: 2018-004250 RP5217 Residential/Agri cu 116.00 RP5217 - 9.00 County Recei pt#: 2018156449 Clerk: BP Sub Total: 195.00 Rec Date: 08/27/2018 02:48:52 PM Doc Grp: RP Transfer Tax Descri p: DEED Transfer Tax 500.00 Num Pgs : 5 -- Sub Total: 500.00 Party1: HUTCHINS DIANA R Party2: CROSS TAMERA A Town: CROGHAN Total: 695.00 **** NOTICE: THIS IS NOT A BILL **** ***** Transfer Tax ***** Transfer Tax #: 119 Transfer Tax consideration: 125000.00 Transfer Tax 500.00 Total: 500.00 Record and Return To: 7 Linda D. Hoskins Lewis County Clerk TIMOTHY A. FARLEY, PC 1717 STATE STREET WATERTOWN NY 13601 12 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 WARRANTY DEED THIS INDENTURE, made _/p_, 2018 BETWEEN: DIANA R. HUTCHINS, individually and as surviving tenant by the entirety to JOHN E. HUTCHINS, w 5 38 N. Bridge Street, co Carthage, New York 13619, Grantor O And TAMERA A. CROSS, 920A Emjay Way, Carthage, New York 13619, Grantee WITNESSETH, that the Grantor, in consideration of ONE AND 00/100 ($1.00) DOLLAR, and other good valuable consideration releases unto the Grantee, the heirs or successors and assigns of the Grantee, forever, premises more particularly described in "A" Schedule attached hereto. TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises. TO HAVE AND TO HOLD the premises here granted unto the Grantee, the heirs or successors and assigns of the Grantee forever. And the said Grantor covenants as follows: FIRST: That the Grantor is seized of the said premises in fee simple and has good right to convey the same. SECOND: That the Grantee shall quietly enjoy the said premises. THIRD: That the said premises are free from encumbrances. FOURTH: That the Grantor will forever warrant the title to said premises. This deed is subject to the trust provisions of Section 13 of the Lien Law of the State of New York. "Grantor" "Grantee" The words and shall be construed to read in the plural whenever the sense of this deed so requires. 13 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 IN WITNESS WHEREOF, the Grantor has executed this deed on the day and year first above written. (#// . L.S. Diana R. Hutchins STATE OF NEW YORK ) ) SS: COUNTYOFJEFFERSON ) On the (fcday of August, in the year 2018, before me, the undersigned, a notary public in and for said state, personally appeared DIANA R. HUTCHINS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they/he/she executed the same in their/hers/his capacity(ies) and that by their/his/hers signature(s) on the instrument, the individual(s) or the person of which the individual(s) acted, executed the instrument. Notary Public TIMOTHY A. FARL Stat of NewYork Public. Notary n County Ouahfied in Jeffer Commission Expi es Feb.22, 2022 14 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 "A" SCHEDULE THOMASJ. KOVACH PROFESSIONAL LAND SURVEYOR P.O. Box 471, 7557 South State Street, Suite 2 Lowville, New York 13367 Telephone (315) 874-4318 Fax (315) 874-4319 2015 - No. 12214 July 01, Survey Hutchins to VanderVeeken - 7.51 Acre Parcel: ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the Town of Croghan, County of Lewis and State of New York, being a part of the 8th West, 18th North Range in Great Lot Number 5 of Macomb's Purchase, and being a portion of the 50.00 acre parcel of land conveyed to John E. Hutchins and Diana R. Hutchins by Robert L. Beckman and Ann M. Beckman by Deed dated October 14, 1988 and recorded in the Lewis County Clerk's Office on October 20, 1988 in Book 502 . of Deeds at page 116, and said portion being bounded and described as follows: Beginning at the southwest corner of the said 50.00 acre parcel, a point in the centerline of the present surface of the Old State Road; Thence from said point of beginning, N. 15 deg. 45 min. 33 sec. E.,along the west boundary of the 24.60' ½" 50.00 acre parcel, a distance of to a iron pin set in 1988; Thence continuing, N. 15 deg. 45 min. 33 sec. E.,along the west boundary of the 50.00 acre parcel, 636.97' ½" a distance of to a set rebar; 272.31' ½" Thence S. 72 deg. 44 min. 10 sec. E., into the 50.00 acre parcel, a distance of to a set rebar; 708.23' ½" Thence S. 05 deg. 01 min. 33 sec. E.,a distance of to a set rebar; 231.27' ½" Thence S. 37 deg. 02 min. 46 sec. W. to a set rebar; 32.09' Thence continuing S. 37 deg. 02 min. 46 sec. W., a distance of to a point in the centerline of the present surface of the Old State Road; Thence N. 43 deg. 38 min. 13 sec. W., along the centerline of the present surface of the Old State 497.18' Road, a distance of to the point of heginning containing 7.51acres of land as shown on Showing Partial Subdivision Of Lands Of Diana R. Hutchins In The 8th West, 18th North "Map - - York" Range In Great Lot Number 5 - Macomb's Purchase Town of Croghan Lewis Eew County by Thomas J. Kovach P.L.S. No. 49092 dated July 01, 2015. Subject to an easement granted by Russell Houppert and Judith Houppert to the New York Telephone dated June 24, 1975 and recorded in the Lewis County Clerk's Office on July Company 22, 1975 in Book 335 of Deeds at page 275. 15 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 PAGE 2 ALSO Subject to an easement granted Robert by L Beckman to the Niagara Mohawk Power Corporation dated June 4, 1985 and recorded in the Lewis County Clerk's office on August 1985 1, in Book 459 of Deeds at page 36. ALSO Subject to public and municipal rights in that portion of the described premises which is situate within the established right of of the Old way State Road. And Subject to any and allother rights, restrictions and reservations of record. John E. Hutchins 'di ed on May 17, 2014 BEING the same premises as conveyed by Robert L Beckman and Ann M. Beckman to John E. Hutchins and Diana R. Hutchins by Warranty Deed dated October 14, 1988 and recorded in the Jefferson County Clerk's Office on October 20, 1988 in Liber 502 at Page 116. 16 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2022 MERS MIN: Cross. Tamera August 16. 2018 Carthage NY [Date] (City] (Statc] 4689 Old State Rd Carthage. NY 13619-9405 [Propedy Address] 1. BORROWER'S PROMISE TO PAY In return for a Ioan that I havereceived,I promiseto pay U.S. $ 126,262.00 (this amountis called "Principal"), plus interest, to the order of the Lender. The Leader is QU1Cken loanS Inc . I will makeall paymentsunderthis Note in the form of cash,checkor money order. I understandthat the Lender may transfer this Note. The Lender or anyonewho takesthis Note by transfer and who is entitled to receive paymentsunder this Note is called the "Note Holder " 2.INTEREST Interestwill be chargedon unpaid principal until the full amountof Principal hasbeenpaid. I will pay interestat a yearly rate of 4.875 %. The interestrate required by this Section2 is therate I will pay both before andafter any default describedin Section6(B) of this Note. 3.PAYMENTS (A) Tinaeand Placeof Payments I will pay principal and interestby making a paymentevery month. makemy monthly paymenton the 1St I will day of eachmonth beginning on 0Ctober 1. 2018 .Iwill makethesepaymentsevery month until I havepaid all of the priIcipat and interestand any other chargesdescribedbelow that I may owe underthis Note. Each monthly paymentwill be applied as of its scheduleddue dateandwill be applied to interestbefore September Principal. If, on 1, 2048 , I still owe amountsunder this Note, I wilt pay thosearnountsin full on that date, which is called the "Maturity Date." I will makemy monthly paymentsat P.O. Box 6577. Carol Stream. IL 60197 or at a different placeif required by the Note Holder. (B) Amount of Monthly Payments My monthly paymentwill be in the amountof U,S. $ 668.19 4. BORROWER'S RIGHT TO PREPAY I havethe right to makepaymentsof Principal at any time before they aredue. A paymentof Principal only is known asa "Prepayment."WhenI makea Prepayment,I will tell theNote Holder in writing that I am doing so. I may not designatea payment asa Prepaymentif I havenot madeall the monthly paymentsdueundertheNote. 1 may makea full Prepaymentor partial Prepaymentswithout paying a Prepaymentcharge.The Note Holder will use my Propaymentsto reducethe amountof Principal that I owe underthis Note. However, the Note Holder may apply my Prepaymentto the accruedandunpaid intereston the Prepaymentamount,before applying my Prepaymentto reducethe Principal amountof the Note. If I makea partial Prepayment,therewill be no changesin the due dateor in the amountof my monthly paymentunlessthe Note Holder agreesin writing to thosechanges. oRKFIXED RATENOTE -SIngle - Fannlo Farolly MaafFreddle MacUNIFoRM INSfRUMENT Wolters Mower aervices Firianciat age1of3 17 of 71 FILED: LEWIS COUNTY CLERK 12/02/2022 02:15 PM INDEX NO. EFCA2022-000287 NYSCEF DOC. NO. 2