Preview
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 08/23/2022
EXHIBIT A
FILED: KINGS COUNTY CLERK 07/13/2022
08/23/2022 04:50
05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 62
71 RECEIVED NYSCEF: 07/13/2022
08/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------- Index No.: 520498/2021
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT RELATING TO IMPAC
SECURED ASSETS CORP., MORTGAGE PASS-
THROUGH CERTIFICATES, SEMES 2006-1,
Plaintiff, AFFIDAVIT OF INDEBTEDNESS
-against-
JAMES FREDERICK; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW
YORK CITY PARKING VIOLATIONS BUREAU;
NEW YORK CITY TRANSIT ADJUDICATION
BUREAU,
#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.
_____----------___________________________________
I,Shana Golding, being of lawful age, being firstduly sworn on oath, states and deposes as
follows:
1. I am employed as a(n) Vice President by PHH Mortgage Corporation, (herein after
referred to as "PHH"), 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. As such, I am authorizedto execute this Affidavit as partof my business duty to
"D"
PHH. Annexed hereto as Exhmit is a copy of the applicable Assignment of Mortgage.
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"N" Power
Annexed hereto as Exhibit is a copy of the applicable of Attorney and Merger
Documents.
2. In the regular performance of my job functions, I have access to, have acquired
personal knowledge of,and am fully familiar with the facts and circumstances hereinafter set forth
within this Affidavit based upon my review of the business records defined herein below. I am
competent to about such facts, and would do so if I appeared as a witness in the above-
testify
entitled action.
3. I have personal knowledge of PHH's business records and record making practices,
and how such records are made, used and kept. As a mortgage loan servicer, PHH is responsible
for maintaining the books and business records (hereinafter referred to as the "Records"). The
Records document activity, occurrences, events, and transactions (hereinafter referred to as the
"Transactions") conducted by PHH. The Records are created and maintained in the regular course
of business, and are needed and relied upon in the performance of functions of the business. The
Records manually entered were made at or near the time of the Transactions documented by a
person with personal knowledge. These Records include, but are not limited to, prior servicer
records, account ledgers, data compilations, and electronically imaged documents. To the extent
that the records for the subject loan were created by a prior servicer, those records have been
incorporated into PHH's records and are relied upon by PHH in the ordinary course of business.
"F"
Annexed hereto as Exhibit are copies of the 90-day Pre-Foreclosure Notices, allof which are
"E"
maintained as business records of PHH. Annexed hereto as Exhibit is a copy of the Demand
Letter sent pursuant to the Mortgage, which ismaintained as a business record ofPHH. Annexed
"B" "C"
hereto as Exhmit is a true and correct copy of the Note. Annexed hereto as Exhibit is a
"D"
true and correct copy of the Mortgage. Annexed hereto as Exh it are true and correct
"N"
copies of the Assignment(s) of Mortgage. Annexed hereto as Exhibit is a true and correct
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"P"
copy Power(s) of Attorney (ifapplicable) and Merger Documents. Annexed hereto as Exhibit
are true and correct copy data compilation(s) and account ledger(s), allof which are maintained
as business records of PHH.
4. On or about January 31, 2006, defendant JAMES FREDERICK (hereinafter referred to as
the "Borrower") executed and delivered a note (hereinafter referred to as the "Note") to Plaintiff
and/or Plaintiff'spredecessor-in-interest.
5. Plaintiff confirmed physical possession of the original Note on June 09, 2021 and Plaintiff
remained in physical possession of the Note up to and through the date upon which this action was
"P"
commenced. Annexed hereto as Exhibit is a copy of the business record I reviewed
confirming Plaintiff'spossession of the original Note prior to commencement.
6. The above-entitled action is brought to foreclose a mortgage dated January 31, 2006.
At the time of commencement, the Mortgage was held by Plaintiff, having been executed and
delivered to Plaintiff and/or Plaintiff's predecessor-in··interest as collateral for payment of the
underlying indebtedness.
7. The Borrower has breached said obligation and defaulted upon the Note. The Borrower
failed to make the payment pursuant to the terms of the Note and Mortgage commencing with the
October 1, 2015 payment, which default remains uncured.
8. I have personal knowledge of PHH's standard business practice for generating and mailing
Notices of Default. The Notices of Default are generated automatically using data fmm PHH's
loan servicing computer system which identifies loans that require said notices based on the
default status of the loan and the absence of any exclusion, such as a bankruptcy or active loss
mitigation plan. Notices of Default are sent to the mailing address of record in the system via the
United States Postal Service. The Notices of Default advise the borrower, interalia, of the default,
FILED: KINGS COUNTY CLERK 07/13/2022
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the action necessary to cure the default, the time within which to cure said default, and that failure
to do so would result in acceleration of the mortgage obligation. Each notice is placed in an
envelope that has been addressed with the mailing address of record in PHH's loan servicing
computer system. Additionally, a barcode and reference number are added to the mailing for
tracking purposes. For certifiedmailings, the reference number isthe United States Postal Service
tracking number. Postage is affixed to the envelope and the envelope is delivered to a United
States Post Office for mailing. At or about the time thatthe envelope is delivered to the United
States Postal Service for mailing, PHH enters a record to confirm the mailing in its computer
system. 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 or their heirs with
respect to loans serviced by PHH.
9. PHH's records and the Notice of Default reflect that PHH followed itsstandard practices
with respect to the mailing of Notices of Default in connection with the subject loan. The Notice
ofDefault was mailed by firstclass mail as is setforth below.
10.On April 14, 2021, pursuant to the Mortgage terms, the Notice of Default was sent to the
.
Borrower, advising of, inter alia, the default, the action necessary to cure the default, the time
within which to cure said default. The Notice of Default was sent to the Borrower by firstclass
mail to the notice address pursuant to the terms of the Mortgage. The barcode and reference
number are printed on the Notice of Default. The reference number for the firstclass mailing is
2360279637. A copy of the Notice as well as a copy of PHH's record confrming the mailing are
annexed hereto as Exhibit "E".
11.I have personal knowledge of PHH's standard business practice for generating and mailing
90-day Pre-foreclosure Notices pursuant to RPAPL §l304. The 90-day Pre-foreclosure Notices
are generated automatically using data from PHH's loan servicing computer system which
FILED: KINGS COUNTY CLERK 07/13/2022
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NYSCEF DOC. NO. 62
71 RECEIVED NYSCEF: 07/13/2022
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identifies loans that require said notices based on the default status of the loan and the absence of
any exclusion, such as a bankruptcy or active loss mitigation plan. 90-day Pre-foreclosure Notices
are sent to allborrowers via firstclass and certifiedmail to the mortgaged property. Ifthe mailing
address of record differsfrom the mortgaged property, separate, additional 90-day Pre-foreclosure
notices are sent to allborrowers via firstclass and certifiedmail to the mailing address of record in
PHH's computer system. Each notice contains the prescribed language in at least 14-
statutorily
point type, the addresses, and phone numbers of at least five approved housing counseling
agencies in the region where the borrower resides. Additionally, a barcode and reference number
are added to the mailing for tracking purposes. For the certified mailings, the reference number is
the United States Postal Service tracking number. Each notice is placed in a separate envelope
that has been addressed with the applicable mailing address. Postage is affixed to the envelopes
and the envelopes are delivered to a United States Post Office for mailing. At or about the time the
envelopes are delivered to the United States Postal Service for mailing, PHH enters a record to
confirm the mailing in itscomputer system. 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 or their heirs with respect to loans serviced by PHH.
12. PHH's records and the 90-day Pre-fomclosure Notices reflect that PHH followed its
standard practices with respect to the mailing of 90-day Pre-foreclosure Notices in connection
with the subject loan. The 90-day Pre-foreclosure Notices were mailed by first class mail and
certified mail as is setforth below.
13. On April 16, 2021, pursuant to RPAPL §1304, the 90-day Pre-foreclosure Notice, in at
least 14-point type, was sent to the Borrower at the mortgaged property, 639 HENDRIX ST,
BROOKLYN, NEW YORK 11213, as well as to the mailing address, PO BOX 130136,
BROOKLYN, NEW YORK 11213. Each notice contained the statutorily prescribed language and
FILED: KINGS COUNTY CLERK 07/13/2022
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the addresses and phone numbers of at least five approved housing counseling agencies in the
region where the borrower resides. Each notice was mailed in itsown separate envelope. The
reference and United States Postal Service Tracking Numbers for the firstclass and certified
mailings are 2360306722, 2360306723, 9314 8100 1170 1059 7796 36, and 9314 8100 1170 1059
7796 43. The reference numbers are printed on the 90-day Pre-foreclosum Notices. Copies of the
90-day notices sent by frst class and certifed as well as copy of the record memorializing the
mailing are annexed hereto as Exhibit "F".
14. In accordance with RPAPL §1306, PHH performed the Department of Financial Services
Step 1 filing within 3 business days of mailing the 90-day letter under tracking number
NYS5407435. Copies of the Department of Financial Services filings are annexed hereto as
Exhibit "F".
15.According to PHH's business records, compliance with Banking Law 9-x is not a
condition precedent because the action stems from a default prior to March 7, 2020.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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16. According to the Records, the following amounts are due and owing pursuant to the Note
and Mortgage:
Unpaid Principal Balance: $455,200.00
Deferred Principal Balance: $01000
Interest (atdate of default 7.125%)
From 09/01/2015 to 03/14/2022 :
(per diem or FHA Monthly Interest:$88.86) $211,969.65
Late Charges: $3.496.41
Escrow Balance: $47,543.54
Taxes: (2019 - $20,676.50
2021)
Insurance: (2019 - $4,900.00
2021)
Escrow Payments/Credits: ($26.580.85)
Prior Servicer Escrow Balance (ifapplicable): $48,547.89
ADDITIONAL COSTS:
Property Inspections: $546.00
Property Valuation Fee/BPO: $0.00
Prior Servicer Fee: $1,066.25
Property Preservation\Maintenance Fee: $0.00
Certified Mail Cost: $0.00
TitleSearch Expenses: $692.50
InterestArrearage: $0.00
Bankruptcy Costs: $0.00
Subtotal $720,514.35
Less: Suspense Balance
($0.00)
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
FILED: KINGS COUNTY CLERK 07/13/2022
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05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 62
71 RECEIVED NYSCEF: 07/13/2022
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GRAND TOTAL as of 03/14/2022: $720 514.35
Dated:
Affiant Signature
PrintName: Shana Golding
Title:Vice President
PHH Mortgage Corporation, as 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
UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Outside New York State)
State of: Florida
County of: Palm Beach
The foregoing instrument was acknowledged before me by means of [x] physical presence or [ ]
online notarization, this Eday of M(irf ..¼ , 2022, by Shana Golding as
Vice President for PHH Mortgage Corporation as 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 who is personally known to me or who has produced
as identification.
Signature ofNotary Public
TALYALOPEZ
- Stateof Florida
NotaryPubt
Commluton# HH114532
Name Public: TalyaLopez my comm.npm mar 9,ton
ofNotary
BondedthroughNationalNotaryAnn.
OS-/ -
Notary Commission Expiration Date: 9 3
Personally known:
OR Produced Identification:
Type ofIdentification Produced:
FILED: KINGS COUNTY CLERK 07/13/2022
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NYSCEF DOC. NO. 62
71 RECEIVED NYSCEF: 07/13/2022
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------- Index No.: 520498/2021
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" #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
The undersigned does hereby certifythat he s an attorney at law duly admitted to practice in
the state of and presently residing at Pene.$aock t State of Florida; that he
isa person duly qualified to make this certificate of conformity pursuant to Section 299-a of the
Real Property Law ofthe State ofNew York; that he is fullyacquainted with the laws of the
FILED: KINGS COUNTY CLERK 07/13/2022
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State of Florida pertaining to the acknowledgment or proof of deeds or real property to be recorded
therein; that the foregoing acknowledgment by Shana Golding named in the foregoing instrument
taken before , a notary public (or other officer) was taken in the manner
prescribed by such laws of the State of Florida, being the state inwhich itwas taken; and thatit
duly conforms with such laws and is inallrespects valid and effective in such state.
Witness my signature this 1% day of r  b , 2022.
Attorney-at-Law for the State of
MR155% kord r).
Member of Florida Bar
Bar Number:
Preview
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 08/23/2022 EXHIBIT A FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------- Index No.: 520498/2021 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE PASS- THROUGH CERTIFICATES, SEMES 2006-1, Plaintiff, AFFIDAVIT OF INDEBTEDNESS -against- JAMES FREDERICK; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY TRANSIT ADJUDICATION BUREAU, #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. _____----------___________________________________ I,Shana Golding, being of lawful age, being firstduly sworn on oath, states and deposes as follows: 1. I am employed as a(n) Vice President by PHH Mortgage Corporation, (herein after referred to as "PHH"), 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. As such, I am authorizedto execute this Affidavit as partof my business duty to "D" PHH. Annexed hereto as Exhmit is a copy of the applicable Assignment of Mortgage. FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 "N" Power Annexed hereto as Exhibit is a copy of the applicable of Attorney and Merger Documents. 2. In the regular performance of my job functions, I have access to, have acquired personal knowledge of,and am fully familiar with the facts and circumstances hereinafter set forth within this Affidavit based upon my review of the business records defined herein below. I am competent to about such facts, and would do so if I appeared as a witness in the above- testify entitled action. 3. I have personal knowledge of PHH's business records and record making practices, and how such records are made, used and kept. As a mortgage loan servicer, PHH is responsible for maintaining the books and business records (hereinafter referred to as the "Records"). The Records document activity, occurrences, events, and transactions (hereinafter referred to as the "Transactions") conducted by PHH. The Records are created and maintained in the regular course of business, and are needed and relied upon in the performance of functions of the business. The Records manually entered were made at or near the time of the Transactions documented by a person with personal knowledge. These Records include, but are not limited to, prior servicer records, account ledgers, data compilations, and electronically imaged documents. To the extent that the records for the subject loan were created by a prior servicer, those records have been incorporated into PHH's records and are relied upon by PHH in the ordinary course of business. "F" Annexed hereto as Exhibit are copies of the 90-day Pre-Foreclosure Notices, allof which are "E" maintained as business records of PHH. Annexed hereto as Exhibit is a copy of the Demand Letter sent pursuant to the Mortgage, which ismaintained as a business record ofPHH. Annexed "B" "C" hereto as Exhmit is a true and correct copy of the Note. Annexed hereto as Exhibit is a "D" true and correct copy of the Mortgage. Annexed hereto as Exh it are true and correct "N" copies of the Assignment(s) of Mortgage. Annexed hereto as Exhibit is a true and correct FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 "P" copy Power(s) of Attorney (ifapplicable) and Merger Documents. Annexed hereto as Exhibit are true and correct copy data compilation(s) and account ledger(s), allof which are maintained as business records of PHH. 4. On or about January 31, 2006, defendant JAMES FREDERICK (hereinafter referred to as the "Borrower") executed and delivered a note (hereinafter referred to as the "Note") to Plaintiff and/or Plaintiff'spredecessor-in-interest. 5. Plaintiff confirmed physical possession of the original Note on June 09, 2021 and Plaintiff remained in physical possession of the Note up to and through the date upon which this action was "P" commenced. Annexed hereto as Exhibit is a copy of the business record I reviewed confirming Plaintiff'spossession of the original Note prior to commencement. 6. The above-entitled action is brought to foreclose a mortgage dated January 31, 2006. At the time of commencement, the Mortgage was held by Plaintiff, having been executed and delivered to Plaintiff and/or Plaintiff's predecessor-in··interest as collateral for payment of the underlying indebtedness. 7. The Borrower has breached said obligation and defaulted upon the Note. The Borrower failed to make the payment pursuant to the terms of the Note and Mortgage commencing with the October 1, 2015 payment, which default remains uncured. 8. I have personal knowledge of PHH's standard business practice for generating and mailing Notices of Default. The Notices of Default are generated automatically using data fmm PHH's loan servicing computer system which identifies loans that require said notices based on the default status of the loan and the absence of any exclusion, such as a bankruptcy or active loss mitigation plan. Notices of Default are sent to the mailing address of record in the system via the United States Postal Service. The Notices of Default advise the borrower, interalia, of the default, FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 the action necessary to cure the default, the time within which to cure said default, and that failure to do so would result in acceleration of the mortgage obligation. Each notice is placed in an envelope that has been addressed with the mailing address of record in PHH's loan servicing computer system. Additionally, a barcode and reference number are added to the mailing for tracking purposes. For certifiedmailings, the reference number isthe United States Postal Service tracking number. Postage is affixed to the envelope and the envelope is delivered to a United States Post Office for mailing. At or about the time thatthe envelope is delivered to the United States Postal Service for mailing, PHH enters a record to confirm the mailing in its computer system. 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 or their heirs with respect to loans serviced by PHH. 9. PHH's records and the Notice of Default reflect that PHH followed itsstandard practices with respect to the mailing of Notices of Default in connection with the subject loan. The Notice ofDefault was mailed by firstclass mail as is setforth below. 10.On April 14, 2021, pursuant to the Mortgage terms, the Notice of Default was sent to the . Borrower, advising of, inter alia, the default, the action necessary to cure the default, the time within which to cure said default. The Notice of Default was sent to the Borrower by firstclass mail to the notice address pursuant to the terms of the Mortgage. The barcode and reference number are printed on the Notice of Default. The reference number for the firstclass mailing is 2360279637. A copy of the Notice as well as a copy of PHH's record confrming the mailing are annexed hereto as Exhibit "E". 11.I have personal knowledge of PHH's standard business practice for generating and mailing 90-day Pre-foreclosure Notices pursuant to RPAPL §l304. The 90-day Pre-foreclosure Notices are generated automatically using data from PHH's loan servicing computer system which FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 identifies loans that require said notices based on the default status of the loan and the absence of any exclusion, such as a bankruptcy or active loss mitigation plan. 90-day Pre-foreclosure Notices are sent to allborrowers via firstclass and certifiedmail to the mortgaged property. Ifthe mailing address of record differsfrom the mortgaged property, separate, additional 90-day Pre-foreclosure notices are sent to allborrowers via firstclass and certifiedmail to the mailing address of record in PHH's computer system. Each notice contains the prescribed language in at least 14- statutorily point type, the addresses, and phone numbers of at least five approved housing counseling agencies in the region where the borrower resides. Additionally, a barcode and reference number are added to the mailing for tracking purposes. For the certified mailings, the reference number is the United States Postal Service tracking number. Each notice is placed in a separate envelope that has been addressed with the applicable mailing address. Postage is affixed to the envelopes and the envelopes are delivered to a United States Post Office for mailing. At or about the time the envelopes are delivered to the United States Postal Service for mailing, PHH enters a record to confirm the mailing in itscomputer system. 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 or their heirs with respect to loans serviced by PHH. 12. PHH's records and the 90-day Pre-fomclosure Notices reflect that PHH followed its standard practices with respect to the mailing of 90-day Pre-foreclosure Notices in connection with the subject loan. The 90-day Pre-foreclosure Notices were mailed by first class mail and certified mail as is setforth below. 13. On April 16, 2021, pursuant to RPAPL §1304, the 90-day Pre-foreclosure Notice, in at least 14-point type, was sent to the Borrower at the mortgaged property, 639 HENDRIX ST, BROOKLYN, NEW YORK 11213, as well as to the mailing address, PO BOX 130136, BROOKLYN, NEW YORK 11213. Each notice contained the statutorily prescribed language and FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 the addresses and phone numbers of at least five approved housing counseling agencies in the region where the borrower resides. Each notice was mailed in itsown separate envelope. The reference and United States Postal Service Tracking Numbers for the firstclass and certified mailings are 2360306722, 2360306723, 9314 8100 1170 1059 7796 36, and 9314 8100 1170 1059 7796 43. The reference numbers are printed on the 90-day Pre-foreclosum Notices. Copies of the 90-day notices sent by frst class and certifed as well as copy of the record memorializing the mailing are annexed hereto as Exhibit "F". 14. In accordance with RPAPL §1306, PHH performed the Department of Financial Services Step 1 filing within 3 business days of mailing the 90-day letter under tracking number NYS5407435. Copies of the Department of Financial Services filings are annexed hereto as Exhibit "F". 15.According to PHH's business records, compliance with Banking Law 9-x is not a condition precedent because the action stems from a default prior to March 7, 2020. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 16. According to the Records, the following amounts are due and owing pursuant to the Note and Mortgage: Unpaid Principal Balance: $455,200.00 Deferred Principal Balance: $01000 Interest (atdate of default 7.125%) From 09/01/2015 to 03/14/2022 : (per diem or FHA Monthly Interest:$88.86) $211,969.65 Late Charges: $3.496.41 Escrow Balance: $47,543.54 Taxes: (2019 - $20,676.50 2021) Insurance: (2019 - $4,900.00 2021) Escrow Payments/Credits: ($26.580.85) Prior Servicer Escrow Balance (ifapplicable): $48,547.89 ADDITIONAL COSTS: Property Inspections: $546.00 Property Valuation Fee/BPO: $0.00 Prior Servicer Fee: $1,066.25 Property Preservation\Maintenance Fee: $0.00 Certified Mail Cost: $0.00 TitleSearch Expenses: $692.50 InterestArrearage: $0.00 Bankruptcy Costs: $0.00 Subtotal $720,514.35 Less: Suspense Balance ($0.00) [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 GRAND TOTAL as of 03/14/2022: $720 514.35 Dated: Affiant Signature PrintName: Shana Golding Title:Vice President PHH Mortgage Corporation, as 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 UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Outside New York State) State of: Florida County of: Palm Beach The foregoing instrument was acknowledged before me by means of [x] physical presence or [ ] online notarization, this Eday of M(irf ..¼ , 2022, by Shana Golding as Vice President for PHH Mortgage Corporation as 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 who is personally known to me or who has produced as identification. Signature ofNotary Public TALYALOPEZ - Stateof Florida NotaryPubt Commluton# HH114532 Name Public: TalyaLopez my comm.npm mar 9,ton ofNotary BondedthroughNationalNotaryAnn. OS-/ - Notary Commission Expiration Date: 9 3 Personally known: OR Produced Identification: Type ofIdentification Produced: FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------- Index No.: 520498/2021 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" #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 The undersigned does hereby certifythat he s an attorney at law duly admitted to practice in the state of and presently residing at Pene.$aock t State of Florida; that he isa person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law ofthe State ofNew York; that he is fullyacquainted with the laws of the FILED: KINGS COUNTY CLERK 07/13/2022 08/23/2022 04:50 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 62 71 RECEIVED NYSCEF: 07/13/2022 08/23/2022 State of Florida pertaining to the acknowledgment or proof of deeds or real property to be recorded therein; that the foregoing acknowledgment by Shana Golding named in the foregoing instrument taken before , a notary public (or other officer) was taken in the manner prescribed by such laws of the State of Florida, being the state inwhich itwas taken; and thatit duly conforms with such laws and is inallrespects valid and effective in such state. Witness my signature this 1% day of r  b , 2022. Attorney-at-Law for the State of MR155% kord r). Member of Florida Bar Bar Number: