Preview
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
EXHIBIT E
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
S
STATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS
X
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
3451 Hammond Avenue
Waterloo, IA 50704-5400
Plaintiff,
SUMMON S
/85-79 If’
vs.
ORIGINAL FILED WITH THE
JAMES FREDERICK, CAPITAL ONE BANK (USA) CLERK ON
NA, CRIMINAL COURT OF THE CITY OF NEW
YORK. IMPAC FUNDING CORPORATION, NEW INDEX NO.:
YORK CITY ENVIRONMENTAL CONTROL BOARD,
NEW YORK CITY PARKING VIOLATIONS MORTGAGED PREMISES:
BUREAU, NEW YORK CITY TRANSIT 639 HENDRIX STREET
ADJUDICATION BUREAU, NEW YORK STATE BROOKLYN, NY 11207
DEPARTMENT OF TAXATION AND FINANCE,
PEOPLE OF THE STATE OF NEW YORK, SBL #:
BLOCK 4075 LOT 44
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.)
Defendant(s).
x
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve
a copy of your Answer 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 completion of service where service is made in any
other maimer than by personal delivery within the State. The United States of America, if designated as a
Defendant in this action, may answer or appear within sixty (60) days of service hereof In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded inthe Complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons 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.
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NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
Speak to an attorney or o to the court where your case is pendina for
further information on how to answer the summons and protect your
property.
Sending a payment to your mort2a2e company will not stop this
foreclosure 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.
Kings County is designated as the place of trial. The basis of venue is the location of the mortgaged
premises foreclosed herein.
DATED: August ,2011
By: _____________________________
Kelly L. Harknett, Esq.
Steven J. Baum, P.C.
Attorneys for Plaintiff
220 Northpointe Parkway Suite G
Amherst, NY 14228
Tel.: 716-204-2400
The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting
to collect a debt. Any information obtained by them will be used for that purpose.
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS
x
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
3451 Hammond Avenue
Waterloo, IA 50704-5400
Plainti f1
VS. COMPLAINT
JAMES FREDERICK, CAPITAL ONE BANK (USA) INIJEX N0:
NA, CRIMINAL COURT OF THE CITY OF NEW
YORK, IMPAC FUNDING CORPORATION, NEW MORTGAGED PREMISES:
YORK CITY ENVIRONMENTAL CONTROL BOARD, 639 HENDRIX STREET
NEW YORK CITY PARKING VIOLATIONS BROOKLYN, NY 11207
BUREAU, NEW YORK CITY TRANSIT
ADJUDICATION BUREAU, NEW YORK STATE SBL #:
DEPARTMENT OF TAXATION AND FINANCE, BLOCK 4075 LOT 44
PEOPLE OF THE STATE OF NEW YORK,
JO}{N 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.)
Defendant(s).
x
The Plaintiff by its attorneys, Steven L Baum, P.C., for its complaint against the Defendant(s) alleges
upon information and belief as follows:
FIRST: Plaintiff is a national banking association duly organized and existing under and by virtue of the
laws of the United States of America, and having its principal place of business in Los Angeles, CA, the holder of
the note and mortgage being foreclosed herein.
SECOND: On or about the 31st day of January, 2006, JAMES FREDERICK duly executed and
delivered a note whereby JAMES FREDERICK promised to pay the sum of $455,200.00 with interest on the
unpaid balance of the debt.
THIRD: That as security for the payment of said note JAMES FREDERICK duly executed and
delivered a mortgage in the amount of $455,200.00 which mortgage was recorded as follows and mortgage tax
paid thereon:
Recording Date: February 24, 2006
Instrument Number: 2006000107327
County (or City Register of): City of New York
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NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
The mortgage was subsequently assigned to IMPAC FUNDING CORPORATION by assignment and
further assigned to 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-I.
FOURTH: The mortgaged premises are commonly known as 639 HENDRIX STREET, BROOKLYN,
NY 11207 and more fully described in “Schedule A” attached to this complaint. The tax map designation is
known as all or part of SBL: BLOCK 4075 LOT 44.
FIFTH: That the Defendant(s) JAMES FREDERICK so named, has/have failed to comply with the
conditions of the mortgage and note by failing to pay principal and interest andlor taxes, assessments, water rates,
insurance premiums, escrow and/or other charges that came due and payable on the 1stday of December, 2007 as
more fully set forth below. Accordingly, Plaintiff elects to call due the entire amount secured by the mortgage.
SIXTH: There is now due and owing on said mortgage the following amounts:
Principal balance: $455,200.00
Interest Rate: 7.125%
Date interest accrues from: November 1, 2007
Together with late charges, monies advanced for taxes, insurance, maintenance of premises and the costs,
allowances and reasonable attorney’s fees if permitted by the mortgage.
SEVENTH: In order to protect its security interest the Plaintiff or its agent has paid or may be
compelled to pay during the pendency of this action, taxes, assessments, water rates, insurance premiums and
other charges affecting the mortgaged premises. Plaintiff requests that any sums itor its agent has paid, together
with interest, be included in the sum otherwise due as provided for and secured by the mortgage.
EIGHTH: Upon information and belief all 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
the lien of Plaintiffs mortgage, or has been paid or equitably subordinated to Plaintiffs mortgage, or has been
duly subordinated thereto, or is adverse to that of Plaintiff. The reason for naming said defendants is set forth in
“Schedule B” that isattached to this complaint.
NINTH: The reason for naming any governmental agency or instrumentalities of the Federal, State or
local government (however designated), is set forth in“Schedule C” that is attached to this complaint.
TENTH: Upon information and belief the defendant(s) “John Doe” are occupants of the premises being
foreclosed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest
against the premises.
ELEVENTH: If applicable, the mortgage originated in compliance with Banking Law Sections 595-a
and 6-I or 6-m and at the time of commencement of this action, the Plaintiff has complied with all of the
provisions of Section 595-a of the Banking law and any rules and regulations promulgated thereunder, Section 6-1
and 6-m of the Banking Law, and Sections 1304 and 1306 of the Real Property Actions and Proceedings Law.
TWELFTH: Plaintiff requests that inthe event this action proceeds to judgment of foreclosure and sale,
said premises be sold subject to: any state of facts an inspection of the premises would disclose or an accurate
survey of the premises would show; covenants, restrictions, easements and public utility agreements of record, if
any; building and zoning ordinances and possible violations of the same; any rights of tenants or persons in
possession of the premises; any equity of redemption of the United States of America to redeem the premises
within 120 days; prior mortgages and liens, if any. If the mortgage secures more than one parcel, Plaintiff
requests the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary
to satisfy the indebtedness.
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NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
THIRTEENTH: There are no other actions or pending proceedings at law to collect or enforce the note
and mortgage.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT:
1. Adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, late charges,
expenses of sale, allowances and disbursements, reasonable attorney’s fees if provided for in the
mortgage and any monies advanced and paid which are secured by the mortgage.
2. That the defendants and all persons claiming by, through or under them and every other person or
entity whose right, title,conveyance or encumbrance is subsequent to or subsequently recorded,
or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of
and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises.
3. That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts
due as aforesaid, be decreed to be sold according to law subject to the provisions of paragraph
“TWELFTH” of this complaint.
4. That out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts due on
said note and mortgage, plus those items referenced in paragraph I, above, together with any
sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of
the respective payments, so far as the amount of such money properly applicable thereto will pay
the same.
5. That either or any of the parties to this action may become a purchaser upon such sale.
6. That this court, if requested, forthwith appoint a receiver of the rents and profits of said premises
with the usual powers and duties.
7. That the defendants referred to in paragraph “FIFTH” of this complaint and any original or
subsequent obligors so named in this action, may be adjudged to pay any deficiency that may
remain after applying all of said monies so applicable thereto, unless the debt has been listed and
discharged in a bankruptcy petition, or unless the Plaintiff is unable to produce a copy of the note,
in which case no deficiency judgment will be sought.
8. In the event Plaintiff possesses any other liens against the premises, they shall not be merged with
the same. Plaintiff specifically reserves its right to share in any surplus monies arising from the
sale of the subject premises by virtue of its position as a judgment or other lien creditor,
excluding the mortgage being foreclosed herein.
9. That the Plaintiff may have such other and further relief as may be just, equitable and proper.
By:_______
Kelly L. Harknett, Esq.
Steven J. Baum, P.C.
Attorneys for Plaintiff
220 Northpointe Parkway Suite G
Amherst, NY 14228
Tel.: 716-204-2400
The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting
to collect a debt. Any information obtained by them will be used for that purpose.
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
Search Number: 2011-27114
Legal Description
All that certain plot, piece or parcelof land, with the buildings and improvements thereon erected, situate, lying
and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as
follows:
BEGINNING at a point on the Easterly side of Hendrix Street, distant 40 feet Northerly from the Northeasterly
corner of Livonia Avenue and 1-lendrix Street;
RUNNING THENCE Easterly parallel with Livonia Avenue and part of the way through a party wall, 100 feet;
THENCE Northerly parallel with Hendrix Street, 20 feet;
THENCE Westerly again parallel with Livonia Avenue and part of the way through another party wall, 100 feet
to the Easterly side of Hendrix Street;
THENCE Southerly along said Easterly side of Hendrix Street, 20 feet to the point or place of BEGINNING.
639 HENDRIX STREET BROOKLYN, NY 11207
Block 4075, Lot 44
SCHEDULE A
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
Schedule B -
Defendants
JAMES FREDERICK Record owner and original mortgagor.
IMPAC FUNI)ING CORPORATION Holder of a mortgage.
CAPITAL ONE BANK (USA) NA Holder ofjudgment(s).
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.
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NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
Schedule C -
Defendants
NEW YORK CITY ENVIRONMENTAL Holder of possible judgments against James
CONTROL BOARD Frederick, see attached.
NEW YORK CITY PARKING Holder of possible judgments against James
VIOLATIONS BUREAU Frederick.
NEW YORK CITY TRANSIT Holder of possible judgments against James
ADJUDICATION BUREAU Frederick, judgments cannot be certified since
docket books are missing.
PEOPLE OF THE STATE OF NEW Named as a party Defendant because of any unpaid
YORK Franchise Taxes due for Living Spring Ventures, Inc.
Named as a party Defendant because of any unpaid
Franchise Taxes due for Autumn Equities, LLC.
NEW YORK STATE DEPARTMENT OF Holder of a warrant against James Frederick, 722A
TAXATION AND F1ISIANCE Logan St, BK, NY 11208, filed the 30th day of
January, 2002 in the Office of the Kings County
Clerk, Control #001791539-01, in the amount of $1,004.00.
Holder of a warrant against James Frederick, 714
Logan Street,Brooklyn, NY 11208, filed the 4th
day of March, 2008 in the Office of the Kings County
Clerk, Control #002450722-01, in the amount of $1,720.50.
Holder of a warrant against James Frederick, 714
Logan Street, Brooklyn, NY 11208, filed the 10th
day of March, 2009 in the Office of the Kings County
Clerk, Control #002585754-01, in the amount of384.00.
CRIMINAT COURT OF THE CITY OF Holder ofajudgment against James Frederick,
NEW YORK 1352 Herkimer Str, Brooklyn, docketed the 7th day
of September, 2005 in the Office of the Kings County
Clerk, Index #002447443001, in the amount of $60.00.
Holder of a judgment against James Frederick, 121-
29 133rd St,SO Ozone Park QNS, 11420, docketed
the 2nd day of July, 2008 in the Office of the
Kings County Clerk, Index #001453610001, in the
amount of $10.00.
Holder of ajudgment against James T Frederick,
606 East 239 Str, Bronx, docketed the 26th day of
January, 2010 in the Office of the Kings County
Clerk, Index #003618696001, in the amount of $200.00.
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2011—271J4AB
-
2011—27114AB Page 4/8
Creditor Info:
CAPITAL ONE BANK (USA)NA
4851 COX RD
GLEN ALLEN VA 23060-
Attorney:
MALEN & ASSOCIATES, PC
123 FROST ST STE 203
WESTBURY NY 11590—
Amount: $2,317.64
Block: 01371 Lot: 00070 Control No. 002636811—01
Book Type ——
Lis Pendens —
Docket No: Index if 18836/09
Judgment Type: FORECLOSE MORTGAGE Effective Date: 07/27/2009
urt: Suprem Expiration Date: 07/27/2012
Disposition: Yes—03/22/201
Docket Date:07/27/2009
Date Received: 03/24/2010
Debtor Info:
FREDERICK, JAMES T
Creditor Info:
M & T BANK C/O
1800 MARINE MIDLAND PL.
ROCHESTER NY
Amount: $0.00
END RETURNS
*****************************************************************
PVB —
(Parking Violations Bureau —
Ending Date 04/26/li)
Search Parameters— Last:Frederick FirstJam
END RETURNS
(Environmental Control Board (Fire and Building) — Ending Date 04/30/11)
Search Parameters— Last:Frederick First:Jam
FREDERICK JAMES
639 HENDRIX STREET
BROOKLYN, NY 11207
ECB Violation No. : 159337283 Date—04/09
Ant: $300.00
—
FREDERICK JAMES
639 HENDRIX STREET
BROOKLYN, NY 11207
ECB Violation No. : 173435332 Date—04/11
Ant: $25.00
END RETURNS
418 Wednesday May 25, 2011
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE UNDER TUE POOLING AND
SERVICING AGREEMENT RELATING TO IMPAC
SECURED ASSETS CORP., MORTGAGE
PASS-ThROUGH CERTIFICATES, SERIES 2006-1
3451 Hammond Avenue
Waterloo, IA 50704-5400
Plaintiff,
vs.
JAMES FREDERICK, et al.
Defendants.
x
SUMMONS AND COMPLAINT
x
STEVEN J. BAUM, P.C.
Attorneys for Plaintiff
220 Northpointe Parkway Suite G
Amherst, NY 14228
Tel.: 716-204-2400
iw —
‘n’r’”’ -
INDEX NO.
- -
r. r(
520498/2021 3
,,
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
STATE OF NEW YORK COUNTY OF SS
________ C Certrficahori The undersigned attorney certifies that the within
Initia by Attorney has been compared by the undersigned with the original and found to be a true and coiiplete copy,
C The undersigned, an attorney admittedto practice
in the courtsof New York State shows: that deponent is
Initial
rO5n
the attorney(s) of record for
in the within action; that deponent has read the foregoing
except as to the matters
and knows the contents thereof; that the same is true to deponent’s own knowledge,
to
therein stated be allegedon information
and and
belief, thatas tothosematters deponent believes it to be true.
Deponent further says that the reason this verification is made by deponent and not by
The grounds of deponent’s beliefas to allmattersnot stated upon deponent’s knowledge are as follows:
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Dated:
STATE OF NEW YORK, COUNTY OF SB.:
o Individual being duly sworn deposes and says that
Initial Verification I am the in this action; that I have read the foregoing
and know the contents thereof; that the same is true
to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to
those matters I believe it to be true.
_________ E] Corporate being duly sworn deposes and says that he/she is the
Initial Verification
the corporation named in the within entitled action; that he/she has read the foregoing
and knows the contents thereof; and that the same is true
except as to the matters therein stated to be alleged upon information and belief, and
to his/her own knowledge,
as to those matters he/she believes it to be true.
Deponent further says that the reason this verification is made by deponent and not by
is because the said
is a corporation and the grounds of deponent’s belief as to all matters in the said
not stated upon his/her own knowledge, are investigations which deponent has caused to be made concerning the
subject matter of this and information acquired by deponent in the
course of his/her duties as an officer of said
corporation and from the books and papers of said corporation.
Sworn to before me this
dayof .20
STATE OF NEW YORK, COUNTY OF 88.: AFFIDAVIT OF PERSONAL SERVICE
being duty sworn, deposes and says, that deponent is not a party to the action,
is over 18 years of age and resides at
Thatonthe dayof 20 ,atapprox. M.atNo.
deponent served the within
upon the
herein by detivenng a true copy thereof to him/her personally
Deponent knew the person so served to be the person mentionedand
desciibed as follows:
o Mate C White Skin C Black Hair C 14-20 Yrs. C Under 5’ C Under 100 lbs.
O Female C BlackSkjn C BrownHair C WhiteHair C 21-35Yrs. C 50”-5’3” C 100-i3Olbs.
C YeNow Skin C Blond Hair C Balding C 36-50 3 5:4 -58” C 131-160 lbs.
C Brown Skin C GrayHair C 51-65Yra C 5’9”-6’0’ C 161-200Ibs.
C Red Skin C Red Hair C Over 65 Yrs. C Over 6’ C Over 200 lbs.
Other identifying features:
MILITARY I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capaSERVtCE
The source of my informaLi
Defendant wore ordinay ciWilan clothes and not mibtecy uniform.
city whatever and received a negative reply.
above
lion and the grounds of my belief are the conversations and observationsnarrated.
Upon Information and behef I aver that the defendant Is not in the mvitary service of New York State or of the United States as that temi is
defined in either the State or in the Federal statutes,
Sworntobeforemethis dayof 20
S!gnawre of Server
C DAVID F. wliuAMsoN CO., iwc., BUFFALO. NEW YORK
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NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022
Sd
r State of NewYork SUPREME Court County of ICINGS
I
DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE Index No.
UNDER THE POOLING AND SERVICING AGREEMENT RELATING
TO IMPAC SECURED ASSETS CORP.. MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-1
II JAMES FREDERICK,
VS.
et
Plaintiff,
al.
Year
I
I Defendant(s).
•I
:4
A ttorney for
Plaintiff fax 716-204-4600
Office, Post Office Address and Telephone NOT FOR SERVICE
I
220 NORTI-IPOINTE PARKWAY, SUITE G
AMHERST, NY 14228
716-204-2400
Personal Service of the within and of the notice (if any)
hereon endorsed, is admitted this day of 20
I
,
I1
Attorney(s) for
Sir—Please take notice NOTICE OF ENTRY
that an of which the within is a copy, was duly granted in the
within entitled action on the day of ,20 , and duly entered in the office of the Clerk
oftheCountyof onthe dayof ,20
I To STEVEN J. BAUM, P.C.
1I Attorney(s) for
Sir:.-Please take notice
Attorney for
NOTICE OF SETTLEMENT
that an order
11-j
of which the within is a true copy will be presented for settlement to the Hon.
one of the judges of the within named Court, at
on-the day of .20
To STEVEN J. BAUM, P.C.
Attorney(s) for Attorneyfor
I•1
STATE OF NEW YORK, SS.: AFFIDAVIT OF SERVICE BY MAIL
being duly sworn, deposes and says; deponent is not a party to the action,
is over 18 years of age and resides at
On 20
I
upon
attorney(s) for cj *iiton at
Ii 3143 the address, designated by said attorney(s) for that purpose by depositing a
true copy of same enclosed in a post-paid properly addressed wrapper, in—a post office—official depository under the exclusive care and custody
of the United States Postal Service within the State of New Volt
Sworn to before me, this day of 20
,
I Notary Public, Commissioner of Deeds
Preview
FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 EXHIBIT E FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 S STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS X 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 3451 Hammond Avenue Waterloo, IA 50704-5400 Plaintiff, SUMMON S /85-79 If’ vs. ORIGINAL FILED WITH THE JAMES FREDERICK, CAPITAL ONE BANK (USA) CLERK ON NA, CRIMINAL COURT OF THE CITY OF NEW YORK. IMPAC FUNDING CORPORATION, NEW INDEX NO.: YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATIONS MORTGAGED PREMISES: BUREAU, NEW YORK CITY TRANSIT 639 HENDRIX STREET ADJUDICATION BUREAU, NEW YORK STATE BROOKLYN, NY 11207 DEPARTMENT OF TAXATION AND FINANCE, PEOPLE OF THE STATE OF NEW YORK, SBL #: BLOCK 4075 LOT 44 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.) Defendant(s). x TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve a copy of your Answer 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 completion of service where service is made in any other maimer than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded inthe Complaint. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons 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. FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 Speak to an attorney or o to the court where your case is pendina for further information on how to answer the summons and protect your property. Sending a payment to your mort2a2e company will not stop this foreclosure 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. Kings County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. DATED: August ,2011 By: _____________________________ Kelly L. Harknett, Esq. Steven J. Baum, P.C. Attorneys for Plaintiff 220 Northpointe Parkway Suite G Amherst, NY 14228 Tel.: 716-204-2400 The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS x 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 3451 Hammond Avenue Waterloo, IA 50704-5400 Plainti f1 VS. COMPLAINT JAMES FREDERICK, CAPITAL ONE BANK (USA) INIJEX N0: NA, CRIMINAL COURT OF THE CITY OF NEW YORK, IMPAC FUNDING CORPORATION, NEW MORTGAGED PREMISES: YORK CITY ENVIRONMENTAL CONTROL BOARD, 639 HENDRIX STREET NEW YORK CITY PARKING VIOLATIONS BROOKLYN, NY 11207 BUREAU, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, NEW YORK STATE SBL #: DEPARTMENT OF TAXATION AND FINANCE, BLOCK 4075 LOT 44 PEOPLE OF THE STATE OF NEW YORK, JO}{N 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.) Defendant(s). x The Plaintiff by its attorneys, Steven L Baum, P.C., for its complaint against the Defendant(s) alleges upon information and belief as follows: FIRST: Plaintiff is a national banking association duly organized and existing under and by virtue of the laws of the United States of America, and having its principal place of business in Los Angeles, CA, the holder of the note and mortgage being foreclosed herein. SECOND: On or about the 31st day of January, 2006, JAMES FREDERICK duly executed and delivered a note whereby JAMES FREDERICK promised to pay the sum of $455,200.00 with interest on the unpaid balance of the debt. THIRD: That as security for the payment of said note JAMES FREDERICK duly executed and delivered a mortgage in the amount of $455,200.00 which mortgage was recorded as follows and mortgage tax paid thereon: Recording Date: February 24, 2006 Instrument Number: 2006000107327 County (or City Register of): City of New York FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 The mortgage was subsequently assigned to IMPAC FUNDING CORPORATION by assignment and further assigned to 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-I. FOURTH: The mortgaged premises are commonly known as 639 HENDRIX STREET, BROOKLYN, NY 11207 and more fully described in “Schedule A” attached to this complaint. The tax map designation is known as all or part of SBL: BLOCK 4075 LOT 44. FIFTH: That the Defendant(s) JAMES FREDERICK so named, has/have failed to comply with the conditions of the mortgage and note by failing to pay principal and interest andlor taxes, assessments, water rates, insurance premiums, escrow and/or other charges that came due and payable on the 1stday of December, 2007 as more fully set forth below. Accordingly, Plaintiff elects to call due the entire amount secured by the mortgage. SIXTH: There is now due and owing on said mortgage the following amounts: Principal balance: $455,200.00 Interest Rate: 7.125% Date interest accrues from: November 1, 2007 Together with late charges, monies advanced for taxes, insurance, maintenance of premises and the costs, allowances and reasonable attorney’s fees if permitted by the mortgage. SEVENTH: In order to protect its security interest the Plaintiff or its agent has paid or may be compelled to pay during the pendency of this action, taxes, assessments, water rates, insurance premiums and other charges affecting the mortgaged premises. Plaintiff requests that any sums itor its agent has paid, together with interest, be included in the sum otherwise due as provided for and secured by the mortgage. EIGHTH: Upon information and belief all 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 the lien of Plaintiffs mortgage, or has been paid or equitably subordinated to Plaintiffs mortgage, or has been duly subordinated thereto, or is adverse to that of Plaintiff. The reason for naming said defendants is set forth in “Schedule B” that isattached to this complaint. NINTH: The reason for naming any governmental agency or instrumentalities of the Federal, State or local government (however designated), is set forth in“Schedule C” that is attached to this complaint. TENTH: Upon information and belief the defendant(s) “John Doe” are occupants of the premises being foreclosed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest against the premises. ELEVENTH: If applicable, the mortgage originated in compliance with Banking Law Sections 595-a and 6-I or 6-m and at the time of commencement of this action, the Plaintiff has complied with all of the provisions of Section 595-a of the Banking law and any rules and regulations promulgated thereunder, Section 6-1 and 6-m of the Banking Law, and Sections 1304 and 1306 of the Real Property Actions and Proceedings Law. TWELFTH: Plaintiff requests that inthe event this action proceeds to judgment of foreclosure and sale, said premises be sold subject to: any state of facts an inspection of the premises would disclose or an accurate survey of the premises would show; covenants, restrictions, easements and public utility agreements of record, if any; building and zoning ordinances and possible violations of the same; any rights of tenants or persons in possession of the premises; any equity of redemption of the United States of America to redeem the premises within 120 days; prior mortgages and liens, if any. If the mortgage secures more than one parcel, Plaintiff requests the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary to satisfy the indebtedness. FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 THIRTEENTH: There are no other actions or pending proceedings at law to collect or enforce the note and mortgage. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT: 1. Adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney’s fees if provided for in the mortgage and any monies advanced and paid which are secured by the mortgage. 2. That the defendants and all persons claiming by, through or under them and every other person or entity whose right, title,conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises. 3. That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts due as aforesaid, be decreed to be sold according to law subject to the provisions of paragraph “TWELFTH” of this complaint. 4. That out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts due on said note and mortgage, plus those items referenced in paragraph I, above, together with any sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of the respective payments, so far as the amount of such money properly applicable thereto will pay the same. 5. That either or any of the parties to this action may become a purchaser upon such sale. 6. That this court, if requested, forthwith appoint a receiver of the rents and profits of said premises with the usual powers and duties. 7. That the defendants referred to in paragraph “FIFTH” of this complaint and any original or subsequent obligors so named in this action, may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy petition, or unless the Plaintiff is unable to produce a copy of the note, in which case no deficiency judgment will be sought. 8. In the event Plaintiff possesses any other liens against the premises, they shall not be merged with the same. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of the subject premises by virtue of its position as a judgment or other lien creditor, excluding the mortgage being foreclosed herein. 9. That the Plaintiff may have such other and further relief as may be just, equitable and proper. By:_______ Kelly L. Harknett, Esq. Steven J. Baum, P.C. Attorneys for Plaintiff 220 Northpointe Parkway Suite G Amherst, NY 14228 Tel.: 716-204-2400 The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 Search Number: 2011-27114 Legal Description All that certain plot, piece or parcelof land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly side of Hendrix Street, distant 40 feet Northerly from the Northeasterly corner of Livonia Avenue and 1-lendrix Street; RUNNING THENCE Easterly parallel with Livonia Avenue and part of the way through a party wall, 100 feet; THENCE Northerly parallel with Hendrix Street, 20 feet; THENCE Westerly again parallel with Livonia Avenue and part of the way through another party wall, 100 feet to the Easterly side of Hendrix Street; THENCE Southerly along said Easterly side of Hendrix Street, 20 feet to the point or place of BEGINNING. 639 HENDRIX STREET BROOKLYN, NY 11207 Block 4075, Lot 44 SCHEDULE A FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 Schedule B - Defendants JAMES FREDERICK Record owner and original mortgagor. IMPAC FUNI)ING CORPORATION Holder of a mortgage. CAPITAL ONE BANK (USA) NA Holder ofjudgment(s). 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. FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 Schedule C - Defendants NEW YORK CITY ENVIRONMENTAL Holder of possible judgments against James CONTROL BOARD Frederick, see attached. NEW YORK CITY PARKING Holder of possible judgments against James VIOLATIONS BUREAU Frederick. NEW YORK CITY TRANSIT Holder of possible judgments against James ADJUDICATION BUREAU Frederick, judgments cannot be certified since docket books are missing. PEOPLE OF THE STATE OF NEW Named as a party Defendant because of any unpaid YORK Franchise Taxes due for Living Spring Ventures, Inc. Named as a party Defendant because of any unpaid Franchise Taxes due for Autumn Equities, LLC. NEW YORK STATE DEPARTMENT OF Holder of a warrant against James Frederick, 722A TAXATION AND F1ISIANCE Logan St, BK, NY 11208, filed the 30th day of January, 2002 in the Office of the Kings County Clerk, Control #001791539-01, in the amount of $1,004.00. Holder of a warrant against James Frederick, 714 Logan Street,Brooklyn, NY 11208, filed the 4th day of March, 2008 in the Office of the Kings County Clerk, Control #002450722-01, in the amount of $1,720.50. Holder of a warrant against James Frederick, 714 Logan Street, Brooklyn, NY 11208, filed the 10th day of March, 2009 in the Office of the Kings County Clerk, Control #002585754-01, in the amount of384.00. CRIMINAT COURT OF THE CITY OF Holder ofajudgment against James Frederick, NEW YORK 1352 Herkimer Str, Brooklyn, docketed the 7th day of September, 2005 in the Office of the Kings County Clerk, Index #002447443001, in the amount of $60.00. Holder of a judgment against James Frederick, 121- 29 133rd St,SO Ozone Park QNS, 11420, docketed the 2nd day of July, 2008 in the Office of the Kings County Clerk, Index #001453610001, in the amount of $10.00. Holder of ajudgment against James T Frederick, 606 East 239 Str, Bronx, docketed the 26th day of January, 2010 in the Office of the Kings County Clerk, Index #003618696001, in the amount of $200.00. FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 2011—271J4AB - 2011—27114AB Page 4/8 Creditor Info: CAPITAL ONE BANK (USA)NA 4851 COX RD GLEN ALLEN VA 23060- Attorney: MALEN & ASSOCIATES, PC 123 FROST ST STE 203 WESTBURY NY 11590— Amount: $2,317.64 Block: 01371 Lot: 00070 Control No. 002636811—01 Book Type —— Lis Pendens — Docket No: Index if 18836/09 Judgment Type: FORECLOSE MORTGAGE Effective Date: 07/27/2009 urt: Suprem Expiration Date: 07/27/2012 Disposition: Yes—03/22/201 Docket Date:07/27/2009 Date Received: 03/24/2010 Debtor Info: FREDERICK, JAMES T Creditor Info: M & T BANK C/O 1800 MARINE MIDLAND PL. ROCHESTER NY Amount: $0.00 END RETURNS ***************************************************************** PVB — (Parking Violations Bureau — Ending Date 04/26/li) Search Parameters— Last:Frederick FirstJam END RETURNS (Environmental Control Board (Fire and Building) — Ending Date 04/30/11) Search Parameters— Last:Frederick First:Jam FREDERICK JAMES 639 HENDRIX STREET BROOKLYN, NY 11207 ECB Violation No. : 159337283 Date—04/09 Ant: $300.00 — FREDERICK JAMES 639 HENDRIX STREET BROOKLYN, NY 11207 ECB Violation No. : 173435332 Date—04/11 Ant: $25.00 END RETURNS 418 Wednesday May 25, 2011 FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER TUE POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE PASS-ThROUGH CERTIFICATES, SERIES 2006-1 3451 Hammond Avenue Waterloo, IA 50704-5400 Plaintiff, vs. JAMES FREDERICK, et al. Defendants. x SUMMONS AND COMPLAINT x STEVEN J. BAUM, P.C. Attorneys for Plaintiff 220 Northpointe Parkway Suite G Amherst, NY 14228 Tel.: 716-204-2400 iw — ‘n’r’”’ - INDEX NO. - - r. r( 520498/2021 3 ,, FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 STATE OF NEW YORK COUNTY OF SS ________ C Certrficahori The undersigned attorney certifies that the within Initia by Attorney has been compared by the undersigned with the original and found to be a true and coiiplete copy, C The undersigned, an attorney admittedto practice in the courtsof New York State shows: that deponent is Initial rO5n the attorney(s) of record for in the within action; that deponent has read the foregoing except as to the matters and knows the contents thereof; that the same is true to deponent’s own knowledge, to therein stated be allegedon information and and belief, thatas tothosematters deponent believes it to be true. Deponent further says that the reason this verification is made by deponent and not by The grounds of deponent’s beliefas to allmattersnot stated upon deponent’s knowledge are as follows: The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: STATE OF NEW YORK, COUNTY OF SB.: o Individual being duly sworn deposes and says that Initial Verification I am the in this action; that I have read the foregoing and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. _________ E] Corporate being duly sworn deposes and says that he/she is the Initial Verification the corporation named in the within entitled action; that he/she has read the foregoing and knows the contents thereof; and that the same is true except as to the matters therein stated to be alleged upon information and belief, and to his/her own knowledge, as to those matters he/she believes it to be true. Deponent further says that the reason this verification is made by deponent and not by is because the said is a corporation and the grounds of deponent’s belief as to all matters in the said not stated upon his/her own knowledge, are investigations which deponent has caused to be made concerning the subject matter of this and information acquired by deponent in the course of his/her duties as an officer of said corporation and from the books and papers of said corporation. Sworn to before me this dayof .20 STATE OF NEW YORK, COUNTY OF 88.: AFFIDAVIT OF PERSONAL SERVICE being duty sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at Thatonthe dayof 20 ,atapprox. M.atNo. deponent served the within upon the herein by detivenng a true copy thereof to him/her personally Deponent knew the person so served to be the person mentionedand desciibed as follows: o Mate C White Skin C Black Hair C 14-20 Yrs. C Under 5’ C Under 100 lbs. O Female C BlackSkjn C BrownHair C WhiteHair C 21-35Yrs. C 50”-5’3” C 100-i3Olbs. C YeNow Skin C Blond Hair C Balding C 36-50 3 5:4 -58” C 131-160 lbs. C Brown Skin C GrayHair C 51-65Yra C 5’9”-6’0’ C 161-200Ibs. C Red Skin C Red Hair C Over 65 Yrs. C Over 6’ C Over 200 lbs. Other identifying features: MILITARY I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capaSERVtCE The source of my informaLi Defendant wore ordinay ciWilan clothes and not mibtecy uniform. city whatever and received a negative reply. above lion and the grounds of my belief are the conversations and observationsnarrated. Upon Information and behef I aver that the defendant Is not in the mvitary service of New York State or of the United States as that temi is defined in either the State or in the Federal statutes, Sworntobeforemethis dayof 20 S!gnawre of Server C DAVID F. wliuAMsoN CO., iwc., BUFFALO. NEW YORK FILED: KINGS COUNTY CLERK 08/23/2022 05:55 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/23/2022 Sd r State of NewYork SUPREME Court County of ICINGS I DEUTSCHE BANK NATIONAL TRUST COMPANY. AS TRUSTEE Index No. UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP.. MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-1 II JAMES FREDERICK, VS. et Plaintiff, al. Year I I Defendant(s). •I :4 A ttorney for Plaintiff fax 716-204-4600 Office, Post Office Address and Telephone NOT FOR SERVICE I 220 NORTI-IPOINTE PARKWAY, SUITE G AMHERST, NY 14228 716-204-2400 Personal Service of the within and of the notice (if any) hereon endorsed, is admitted this day of 20 I , I1 Attorney(s) for Sir—Please take notice NOTICE OF ENTRY that an of which the within is a copy, was duly granted in the within entitled action on the day of ,20 , and duly entered in the office of the Clerk oftheCountyof onthe dayof ,20 I To STEVEN J. BAUM, P.C. 1I Attorney(s) for Sir:.-Please take notice Attorney for NOTICE OF SETTLEMENT that an order 11-j of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on-the day of .20 To STEVEN J. BAUM, P.C. Attorney(s) for Attorneyfor I•1 STATE OF NEW YORK, SS.: AFFIDAVIT OF SERVICE BY MAIL being duly sworn, deposes and says; deponent is not a party to the action, is over 18 years of age and resides at On 20 I upon attorney(s) for cj *iiton at Ii 3143 the address, designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a post-paid properly addressed wrapper, in—a post office—official depository under the exclusive care and custody of the United States Postal Service within the State of New Volt Sworn to before me, this day of 20 , I Notary Public, Commissioner of Deeds