Preview
FILED: KINGS COUNTY CLERK 08/12/2021 09:37 AM INDEX NO. 520498/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
DEUTSCHE BANK NATIONAL TRUST Index No.:
COMPANY, AS TRUSTEE UNDER THE POOLING Date Filed:
AND SERVICING AGREEMENT RELATING TO
IMPAC SECURED ASSETS CORP., MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2006-1,
Plaintiff,
SUMMONS
-against- Plaintiff designates Kings as
County
the Place of Trial
JAMES FREDERICK; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW Designation of Venue is based upon
YORK CITY PARKING VIOLATIONS the situs of the Subject Property
BUREAU;
NEW YORK CITY TRANSIT ADJUDICATION
Subject Property:
BUREAU
639 HENDRIX STREET
BROOKLYN, NY 11213
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property
described in the Complaint,
Defendants.
X
To The Above-Named Defendants:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearañce on the Plaintiffs Attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
Summons is not personally delivered to you within the State of New York) in the event the
United States of America is made a party defendant, the time to answer for the said United States
of America shall not expire until sixty (60) days after service of the Summons; and in case of
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your failure to appear or answer, judgmcñt will be taken against you by default for the relief
demanded in the Complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summoñs and complaint by serving a copy of the
answer on the attorney for the mortgage company who filed this foreclosure proceeding
against you and filing the answer with the court, a default judgment may be entered and
you can lose your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to añswer the summons and protect your property.
Sêñdiñg a payment to the mortgage company will not stop the forecl0sure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Please take further notice that any right you may have pursuant to the Fair Debt Collection
Practices Act to dispute the validity or amount of the debt does not change the time within which
you must answer this summons and complaint. You must follow the instructions contained in
the summons even if you dispute the validity or amount of the debt.
Dated: July 23, 2021
Westbury, New York
Robertson, Anschut ch eid,
Crane & Partne , PLL
Attorney for P ntiff
BY:
[ ] S Z. BO IN, ESQ.
[X] ANTHONY CELLUCCI, ESQ.
[ ] LUCE PIERRE-RUSSON, ESQ.
[ ] MARGISELLE ESTEVEZ, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
AFFIDAVIT PURSUANT TO
DEUTSCHE BANK NATIONAL TRUST COMPANY, THE COVID-19
AS TRUSTEE UNDER THE POOLING AND EMERGENCY EVICTION
SERVICING AGREEMENT RELATING TO IMPAC AND FORECLOSURE
SECURED ASSETS MORTGAGE PASS-
CORP., PREVENTION ACT OF 2020
THROUGH CERTIFICATES, SERIES 2006-1,
Index No.
Plaintiff,
vs. Property Address:
639 HENDRIX STREET
JAMES FREDERICK; NEW YORK CITY BROOKLYN, NY I1213
ENVIRONMENTAL CONTROL BOARD; NEW YORK
CITY PARKING VIOLATIONS BUREAU; NEW YORK
CITY TRANSIT ADJUDICATION BUREAU,
#I" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
persons or corporations, if any, having or claiming an
interest in or lien upon the Subject Property described in
the complaint,
Defendants.
STATE OF Florida )
)
COUNTY OF Palm Beach ) ss:
Miguel Baque
, being duly sworn, deposes and says:
I. I am a/an Vice President of PHH Mortgage Corporation who is the
("PHH")
servicing agent for "Deutsche Bank National Trust Company, as trustee under the pooling and
servicing agreement relating to IMPAC Secured Assets Corp., Mortgage Pass-Through
2006-I"
Certificates, Series and have personal knowledge of the facts stated herein.
2. In the regular performance of my job functions, I have access to and am familiar with the
business records relating to the servicing of the mortgage loan at issue in this action. PHH keeps
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certain business records pertaining to acts, transactions, occurrences, and events regarding and
pertaining to the mortgage loan accounts PHH services. Those business records are made and
maintained in the regular course of PHH's business and include data compilations, imaged
documents related to payment and expenditures on loans, as well as collateral loan documents
such as mortgages, notes, name documents, and other records. Records of such acts, transactions,
occurrences, and events are made at or near the time by, or from information transmitted by, a
person with knowledge. To the extent that the business records of the loan in this matter were
created by a prior servicer, those records have been verified for accuracy and incorporated into
PHH's business records in the regular course of PHH's regularly conducted business activity.
3. I have personal knowledge of PHH's business practice for generating and mailing
Ninety-Day Notices. The Ninety-Day Notices are generated automatically using data from
PHH's loan servicing computer system which identifies loans that require said notices based on
days of delinquency and the absence of any exclusion, such as a bankruptcy or active loss
mitigation plan. Ninety-Day Notices are sent to any borrowers and mortgagors at the mailing
address of record in the system and the property address, if different, via first class and certified
mail. Each notice is placed in an envelope, and a list of counseling agencies is included with the
notice per the statutory requirements. A certified label and/or number is affixed to those notices
sent via certified mail, postage is affixed to all envelopes and they are then delivered to a United
States Post Office. This process is employed as part of PHH's regular business practice as a
mortgage loan servicer and is designed to ensure timely mailing of notices to consumers with
respect to loans serviced by PHH. This mailing process applies both to the first class and
certified mailings.
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4. I have personal knowledge of PHH's business practice for generating and mailing
Hardship Declarations. The Hardship Declarations are generated automatically using data from
PHH's loan servicing computer system. Hardship Declarations are printed in 14-point type and
provided in English and the mortgagor's primary language, provided that the language is one of
.
the six most common non-English languages spoken by individuals with limited English
proficiency in the state of New York. Hardship Declarations are sent to any borrowers and
mortgagors at the mailing address of record in the system and the property address, if different,
via first class and certified mail. A certified label and/or number is affixed to those notices sent
via certified mail, postage is affixed to all envelopes and they are then delivered to a United
States Post Office. This process is employed as part of PHH's regular business practice as a
mortgage loan servicer and is designed to ensure timely mailing of Hardship Declarations to
consumers with respect to loans serviced by PHH. This mailing process applies both to the first
class and certified mailings.
5. The loan records reflect that PHH followed its standard practices with respect to the
mailing of the Hardship Declarations simultaneously with the Ninety-Day Notices.
6. The loan records reflect that the Hardship Declarations and the 90-day Notices were
mailed by first class, and certified, mail to the Premises, and the last known address if different
than the Premises. A copy of the Hardship Declarations, 90-day Notices and a copy of the
records I reviewed concerning the mailing(s) is annexed hereto as Exhibit "A".
7. Neither PHH, nor any agent of PHH, has received an executed Hardship Declaration
from any borrower or mortgagor.
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Subscribed and sworn to under the penalty of perjury this day of ,
2021.
PHH Mortgage Corporation, servicer for Deutsche Bank
National Trust Company, as trustee under the pooling and
. servicing agreement relating to IMPAC Secured Assets
Corp., Mortgage Pass-Through Certificates, Series 2006-1
Miguel Baque
Name:
Vice President
Title:
TO BE COMPLETED IF EXECUTING OUTSIDE OF NEW YORK STATE
STATE OF Florida )
)
COUNTY OF Palm Beach ) ss:
On the 1 day of in the year 2 /_before me by means of [
physical presence or [ ] on me no rization, the undersigned, a Notary Public in and for said
appeared Sergio Olmo Vice President Of
State, personally , as
PHH Mortgage Corporation who is the servicer for Deutsche Bank National Trust Company,
as trustee under the pooling and servicing agreement relating to IMPAC Secured Assets
Corp., Mortgage Pass-Through Certificates, Series 2006-1. 4/she is 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 helshe/they executed
the same in hj_s/her/their capacity(ies), and that by Ais/her/their signature(s) on the
instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed
the instrument.
Notary Public . . . . . - . . . - - -
Public Name: \ Sergio Olmo . sewo otno
Notary -
Notary Public State of Florida
Commission# HH062739
3 2o25 my Comm.Expiresmar 7, 2025
My commission expires: 7
Borded through National Notary Assn.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
INDEX NO.
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT RELATING TO IMPAC
SECURED ASSETS CORP., MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2006-1,
Plaintiff, CERTIFICATE OF CONFORMITY
against
JAMES FREDERICK; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW
YORK CITY PARKING VIOLATIONS BUREAU;
NEW YORK CITY TRANSIT ADJUDICATION
BUREAU,
#1" #]2,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject
Property described in the complaint,
Defendant(s).
STATE OF Florida
COUNTY OF Palm Beach
The undersigned does hereby certify that he s an attorney at law duly admitted to
practice in the state of Florida and presently residing at Palm Beach County in the State of
Florida; that he/ a person duly qualified to make this certificate of conformity pursuant to
Section 299-a of the Real Property Law of the State of New York; that he/ he s fully acquainted
with the laws of the State of Florida pertaining to the acknowledgemeñt or proof of deeds or real
to be recorded therein; that the acknowledgment Miguel Bague
property foregoing by
named in the instrument taken before Sergio Olmo , a notary public (or
foregoing
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other officer) was taken in the manner prescribed by such laws of the State of Florida, being the
state in which it was taken; and that it duly conforms with such laws and is in all respects valid
and effective in such state.
Witness my signature this day of O , 2021.
Attorney-at-Law for the State of
. Member Flori Pennsylvania Bar
Bar Number: b Ÿ
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PHH Mortgage Services
PO Box 9117
Temecula, CA 92589-9117
2360306723
Send Payments to:
PHH Mortgage Services
1 Mortgage Way
Mall Stop SV19 20210416-206
Mt Laurel, NJ 08054
l|il. , lu‡ ¡¡::!:¡:¡!||E.||¡!¡¡|;p; Iggl|,||gl|giIII
Send Correspondence to: JAMES FREDERICK
PHH Mortgage Services PO BOX 130136
P.t Óa N 08054 BROOKLYN, NY 11213-0136
XC255 FLAT
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0NewRez
C/O PHH.Mortgage.Services . . . . . . . . . . . . . . . . . . . . . . . . Tel: (888) 820-6474
1Mortgage Way.. . . .... . . .. . . . . . . . . . . . . . . .· . . . . . .... . . . . . .. . . . . .. . . Fax: (856) 917-8300.
Mt. Laurel NJ 08054
04/15/2021 Account Number:
JAMES FREDERICK Sent Via First-Class Mail®
PO BOX 130136
BROOKLYN, NY 11213-0136 Property Address:
639 HENDRIX ST
BROOKLYN, NY 11213
YOU MAY BE AT RISK OF FORECLOSURE.
PLEASE READ THE FOLLOWING NOTICE CAREFULLY
As of 04/15/2021, your home loan is 2023 days and $281,470.58 dollars in default.
Under New York State Law, we are required to send you this notice to inform you that
you are at risk of losing your home.
Attached to this thk Note. That Beeurity hdmment deedbes how ard un ler shavennt1jtican I may be reqttime to
'
mah linraediate payment in fh11gDGI amamda Iowe make % NNa Sea of Ibose awith m astwilad he
fù1Iow4: - -
.L elet may reeire úncNdiMe pÿment in thÎ o all Surre Se¢gredby.-M Securky humerant·hh br iny
pad ofde Peigny -or jNny right in WPrepélp, c e (msferred withran Lelér's pim wrbs
penaissyn, m Bormwork not a anitanl paracaayd1 ba.«ficial interest la'Borrower is sold or hansfeded
withetit Leit(leds·ptkt written permission, ]mdet Ms mity; mjuidtimfuedhe payn W folk Howevet this
npfirm shnu not be4xmind by Lendar hu6h exeiwise hy½it/WJty Applicable Law.
If Lerx1êr rerpirm imrnadids pa moohn adl u±r his 'SEticno18, Le r will givr ge a notimvhich
6fatcEthirrequhernent. The ad6:c will pya trfe.kleau 304is te·male the cequired payment -The 30Lday
- period ,will begin on be date the nonceJs·given to w in he mannerrequired by Sectionif of 5ee-urhy -