Preview
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
-- ------------------------------------------------------X
U.S. BANK NATIONAL ASSOCIATION, AS Index No.
INDENTURE TRUSTEE, FOR THE HOLDERS OF
THE CIM TRUST 2017-7, MORTGAGE-BACKED SUMMONS AND NOTICE
NOTES, SERIES 2017-7,
Mortgaged Premises:
Plaintiff 55 West Lake Road Bpt
-against- New York 14418
Branchport,
aka
AMY L. SHERMAN AKA AMY L. WOODEN; 55 West Lake Road
CHRISTOPHER S. WOODEN AKA CHRISTOPHE Branchport, New York 14418
WOODEN; STERLING JEWELERS INC. DBA KAY
DOE" DOE"
OUTLET; "JOHN and "JANE said names Section: 83.57
being fictitious, itbeing the intention of Plaintiff to Block: 1
designate any and alloccupants of premises being Lot: 30
foreclosed herein,
Defendants
----------------------------------------X
Mortgaged Premises: 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road,
Branchport, New York 14418
To The Above Named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to
serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days of the service of this
Summons, exclusive of the day of service, or within thirty (30) days after service of the same is
complete where service is made in any manner other 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. If you fail to appear or to answer within the aforementioned time frame,
judgment will be taken against you by default for the relief demanded in the Complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
THE OBJECTIVE of the above captioned action is to foreclose on a Mortgage to secure
$93,447.76 and interest, recorded in the Yates County Clerk's Office on August 14, 2008 in Book 736,
Page 325, Instrument Number 2008-00002902, covering the premises known as 55 West Lake Road
Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New York 14418.
The relief sought herein is a finaljudgment directing sale of the premises described above to
satisfy the debt secured by the mortgage described above.
Plaintiff designates Yates County as the place of trial. Venue is based upon the County in which
the mortgaged premises is located.
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NOTICE
YOUARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this sun..2:c..a and complaint by serving a copy of the answer on the
attorney for the mortgage c:rpany who filed this foreclosure prüccid;-g against you and filing
the answer with the court, a default judgn:cnt 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 answer the surrens and protect your property.
Scuding a payment to your mortgage cêñ1p2ñy will not stop this foreclüsure 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.
Dated: June 8, 2021
New York, New York
Ralph L. Vartolo, sq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
T: (212) 471-5100
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
------------------------------------------------------X
U.S. BANK NATIONAL ASSOCIATION, AS Index No.
INDENTURE TRUSTEE, FOR THE HOLDERS OF
THE CIM TRUST 2017-7, MORTGAGE-BACKED VERIFIED COMPLAINT
NOTES, SERIES 2017-7,
Mortgaged Premises:
Plaintiff 55 West Lake Road Bpt
-against- New York 14418
Branchport,
aka
AMY L. SHERMAN AKA AMY L. WOODEN; 55 West Lake Road
CHRISTOPHER S. WOODEN AKA CHRISTOPHE Branchport, New York 14418
WOODEN; STERLING JEWELERS INC. DBA KAY
DOE" DOE"
OUTLET; "JOHN and "JANE said names Section: 83.57
being fictitious, itbeing the intention of Plaintiff to Block: 1
designate any and alloccupants of premises being Lot: 30
foreclosed herein,
Defendants
---------------------------------------X
The Plaintiff herein, by its attorneys FRIEDMAN VARTOLO LLP complains of the
defendants above named herein and, upon information and belief, alleges as follows:
1. Plaintiff, U.S. Bank National Association, as Indenture Trustee, for the Holders of the
CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 (hereinafter "Plaintiff"), at all times
hereinafter mentioned was and stillis a duly organized association with offices at c/o Select Portfolio
Servicing, Inc., 3217 South Decker Lake Drive, Salt Lake City, Utah 84119.
2. The object of the instant action is to foreclose a Mortgage securing the premises known
as 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New
York 14418 (hereiñafter "Mortgaged Premises"). The Mortgaged Premises is more fully described in
"A"
Schedule annexed hereto.
3. On February 25, 2008, Amy L. Wooden and Christopher S. Wooden (hereinafter
"Borrowers") being indebted to Household Finance Realty Corporation of New York, in the sum of
$93,447.76, executed a Note to secure that sum with a fixed interest rate of 10.070% per annum,
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payable in successive monthly installments of $1,008.20 on the twenty-fifth day of each month
commencing March 25, 2008 and the final payment to be made February 25, 2023 (hereinafter
"Note"). A true and correct copy of the Note is attached hereto as Exhibit A.
4. To secure payment of the obligation described in paragraph three (3), Amy L. Shermañ
aka Amy L. Wooden (hereinafter "Mortgagor") executed to Household Finance Realty Corporation of
New York a mortgage of even date with said Note, and thereby mortgaged the Mortgaged Premises as
collateral security for the Note. Said mortgage was recorded in the County Clerk's Office of Yates on
August 14, 2008 in Book 736, on Page 325, Instrument Number 2008-00002902 (hereinafter
"Mortgage"). A true and correct copy of the Mortgage is attached hereto as Exhibit B.
5. Thereafter, the Mortgage was assigned as provided for below:
ASSIGNMENT OF MORTGAGE:
Assignor: Household Finance Realty Corporation of New York
Assignee: LSF9 Master Participation Trust
Dated: June 22, 2016
Recorded: June 27, 2016
Liber Book: 368 Page: 26 Instrument No.: 2016-00001662
A copy of the aforementioned assignment of Mortgage is attached hereto as Exhibit C.
6. On or about April 2, 2016, Borrowers and Caliber Home Loans, Inc obo LSF9 Master
Participation Trust amended and supplemented the Mortgage by execution of a loan modification
agreement, which capitalized all arrears to form a total unpaid principal balance of $75,707.07
(hereinafter "Loan Modification Agreement"). The Loan Modification Agreement amended the interest
rate of the Mortgage such that interest would accrue at 8.000% per annum on the interest-
$66,290.14,
bearing principal, from May 1, 2016 until the reduction period end date, May 1, 2021, at which time
interest would revert back to the rate as set forth in the Note. Furthermore, $9,416.93, the deferred
principal balance, would become due and owing on the maturity date, February 25, 2023. A copy of the
Loan Modification Agreement is attached hereto as Exhibit D.
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7. Thereafter, the Mortgage was assigned as provided for below:
ASSIGNMENT OF MORTGAGE:
Assignor: LSF9 Master Participation Trust
Assignee: Citibank, N.A. as Trustee for CMLTI Asset Trust
Dated: June 15, 2017
Recorded: August 2, 2017
Liber Book: 381 Page: 36 Instrumeñt No.: 2017-00001990
ASSIGNMENT OF MORTGAGE:
Assignor: Citibank, N.A., as Trustee for CMLTI Asset Trust
Assignee: Chimera Funding TRS LLC
Dated: October 25, 2017
Recorded: November 21, 2017
Liber Book: 384 Page: 45 Instrument No.: 2017-00003083
ASSIGNMENT OF MORTGAGE:
Assignor: Chimera Funding TRS LLC
Assignee: U.S. Bank National as Indenture for the holders of the CIM Trust 2017-
Association, Trustee,
7, Mortgage-Backed Notes Series 2017-7
Dated: January 22, 2021
Recorded: February 1, 2021
Instrument No.: 2021-3801
Copies of the aforementioned assignments of Mortgage are attached hereto as Exhibit E.
8. Plaintiff or its custodian/agent is in possession of the original Note with a proper
endorsement and/or allonge firmly affixed to the original Note and is therefore, the holder of both the
Note and Mortgage, which passes incident to the Note.
9. Plaintiff has complied with all of the applicable provisions of RPAPL §1304, if required,
and, if applicable, the Emergency Eviction and Foreclosure Prevention Act of 2020, The
Administrative Order 341/20, New York Banking Law 9-X, Banking Law §§ 595-a and 6-1 and 6-m.
10. Notices were sent to the Borrowers specifically pursuant to RPAPL §1304 on July 30,
2018 (hereinafter "90-Day Notices"). Said 90-Day Notices have not expired and were sent to the
Borrowers at least 90-days prior to the commencement of the instant action. The 90-Day Notices were
in 14-point type, contained the statutorily dictated language of RPAPL §1304 and the address and
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phone numbers of at least five US Department of Housing and Urban Development approved housing
counseling agencies in the region where the Borrowers reside and was mailed by registered or certified
mail and first-class mail to the Mortgaged Premises and last known address of the Borrowers, if
different. True and correct copies of the 90-Day Notices are attached hereto as Exhibit F.
11. That the Plaintiff has complied fully with the RPAPL §1306 filing requirement, if
required, by filing with the superintendent of banks within three (3) business days of date the 90-Day
Notices were mailed. True and correct copies of the proofs of filing are attached hereto as Exhibit G.
12. That the Mortgage provides that in the case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the Mortgage, the holder of the Mortgage could
declare the entire indebtedness secured by the Mortgage immediately due and payable, and that the
holder of the Mortgage is empowered to sell the Mortgaged Premises.
13. That the Mortgagor defaulted on the Mortgage on February 1, 2018 and since that date
has failed to comply with the conditions of the Mortgage by failing to pay portions of principal, interest
or taxes, assessments, water rates, insurance premiums, escrow and/or other charges.
14. That pursuant to paragraph 9 of the Mortgage, in the case of default in the payment of
any principal or interest or any other terms, covenants or conditions of the Mortgage, the holder of the
Mortgage could declare the entire indebtedness secured by the Mortgage immediately due and payable,
and that the holder of the Mortgage is empowered to sell the Mortgaged Premises according to law. As
Mortgagor has failed to pay monthly installments prior to or on the due date, Plaintiff elects herein to
accelerate the Mortgage and call due the entire amount secured by said Mortgage.
15. That in order to protect its security, the Plaintiff has paid, or may be compelled to pay
during the pendency of this action, local taxes, assessments, water rates, insurance premiums and other
charges assessed to the Mortgaged Premises.
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16. That, pursuant to the Mortgage, the Mortgagor promised to pay, in addition to principal
and interest, all the additional charges mentioned in the preceding paragraph, and Plaintiff hereby
requests that any sums paid by Plaintiff for such purposes, with interest thereon, be added to the sum
otherwise due and be deemed secured by the Mortgage and be adjudged to be a valid lien on the
Mortgaged Premises.
17. That there is now due and owing to the Plaintiff under said Note and Mortgage the
principal sum of $66,290.14, as well as, a deferred balance of $9,864.23, with interest thereon from
January 1, 2018, plus late charges and advances made by the Plaintiff on behalf of the Mortgagor and
other named defendants and any other charges due and owing pursuant to the terms of the Note and
Mortgage.
18. Pursuant to paragraph Late Charge of the Note, in the event any installment shall
become overdue for a period in excess of 15 days, a late charge on the overdue sum may be charged for
the purpose of defraying the expense in handling such delinquent payment.
19. Plaintiff has complied with all conditions precedent, required by the Mortgage, prior to
the commencement of this action.
20. Pursuant to the terms of the Mortgage, a notice of default was mailed to the Borrowers
on September 11, 2020 via certified mail and first class mail to the last known address of the
Borrowers, which was the Mortgaged Premises (hereinafter "Notice of Default"). True and correct
copies of the Notice of Default is attached hereto as Exhibit H.
21. That defendant, Amy L. Sherman aka Amy L. Wooden, is a named party Defendant to
this action because she is the mortgagor, prior record owner, and original obligor under the Note
secured by the Mortgage, which was assigned as provided for hereinabove.
22. That defendant, Christopher S. Wooden aka Christophe Wooden, is a named party
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Defendant to this action because he is the record owner and original obligor under the Note secured by
the Mortgage, which was assigned as provided for hereinabove.
23. That defendant, Sterling Jewelers Inc. DBA Kay Outlet, is a named party defendant to
this action because it is a subordinate lienor by virtue of a judgment in the Yates County Supreme
Court for $3,169.86, against Christophe Wooden, 55 West Lake Road, Branchport, New York 14418,
recorded on March 7, 2016 in Index No. 2015-0232. The attorney of record for the above referenced
subordinate lienor is: Sharinn & Lipshie, P.C..
Doe"
24. That defendants "John and "Jane Doe", are named party defendants, said names
being fictitious, itbeing the intention of Plaintiff to designate any and all occupants, tenants, persons or
corporations, if any, having or claiming an interest in or lien upon the Mortgaged Premises being
foreclosed herein.
25. That each of the above named defendants have or claim to have some interest in, or lien
upon, the Mortgaged Premises or some part thereof, which interest or lien, ifany, accrued subsequent
to the lien of the Plaintiff's Mortgage and is subject and subordinate thereto.
26. That the Plaintiff is now the sole, true and lawful holder of the record of the said Note
and is the mortgagee of record or has been delegated the authority to institute a mortgage foreclosure
action by the owner and holder of the subject Note and Mortgage.
27. There have been no prior proceedings, at law or otherwise, to collect or enforce the
aforementioned default under the Note or Mortgage and no such proceedings are currently pending.
28. The Plaintiff shall not be deemed to have waived, altered, released or changed its
election herein by reason of any payment after the commencement of this action of any or all of the
defaults mentioned herein and such election shall continue to be effective.
29. That the Mortgage provides that, in the case of foreclosure, the Mortgaged Premises may
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be sold in one parcel and that if the Mortgaged Premises consist of more than one parcel, Plaintiff
respectfully requests that the Judgment of Foreclosure and Sale provide for the parcels to be sold as
one parcel.
30. The sale of the Mortgaged Premises under foreclosure herein is subject to any state of
facts that an inspection of the Mortgaged Premises would disclose, any state of facts an accurate survey
would show, and to covenants, restrictions and easements, if any, of record affecting said Mortgaged
Premises and any violation thereof, any equity of redemption of the United States to redeem the
Mortgaged Premises within 120 days from the date of sale, prior mortgages and liens of record, if any,
any rights of tenants or persons in possession of the subject Mortgaged Premises, and to zoning
regulations and ordinances of the city,town, or village in which said Mortgaged Premises lies and any
violations thereof.
31. In the event that the Plaintiff possess any other lien(s) against the Mortgaged Premises
either by way of judgment, junior mortgage or otherwise, Plaintiff requests that such other lien(s) not
be merged in Plaintiff's cause(s) of action set forth herein, but that Plaintiff shall be permitted to
enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or
proceeding(s), including, without limitation, any surplus money proceedings.
WHEREFORE, Plaintiff demands judgment:
(a) adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs,
advancements and reasonable attorney's fees, if fees were provided for in the said Mortgage;
(b) that the defendants and all persons claiming by, through and under them, or either or any of
them, subsequent to the commencement of this action and every other person or corporation whose
right, titleconveyance or encumbrance is subsequent to or subsequently recorded, may be barred and
forever foreclosed of all right, claim, lien or interest, or equity of redemption in and to said Mortgaged
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Premises;
(c) that the said Mortgaged Premises, or such part thereof as may be necessary to raise the
amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold according to
law;
(d) that out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts
then due on said Note and Mortgage as herein set forth, with interest upon said amounts from the dates
of the respective payments and advances thereof, the costs and expenses of this action, additional
allowance, if any, and reasonable attorney's fees, ifand as provided for in the Mortgage, rider or other
agreement, so far as the amount of such money is properly applicable thereto will pay the same;
(e) that any of the parties to this action may become a purchaser upon such sale;
(f) that should the Mortgaged Premises be sold by foreclosure sale and the proceeds of said sale
be insufficient to pay the total debt due plaintiff, the Borrowers named hereinabove, unless discharged
in bankruptcy, may be adjudged to pay the amount of the deficiency;
(g) that the United States of America shall have the right of redemption, if applicable;
(h) that the Plaintiff may have such other or further relief, or both, in the Mortgaged Premises as
may be just and equitable.
Dated: June 8, 2021
New York, New York
Ralph L. Vartolo,¥sq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
T: (212) 471-5100
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VERIFICATION
Ralph L. Vartolo, Esq., an attorney admitted to practice in the courts of New York State, hereby
affirms under penalty of perjury that:
I am a partner of the firm of FRIEDMAN VARTOLO LLP the attorneys of record for the
Plaintiff in the within action.
I have read the foregoing complaint and know the contents thereof; the same is true to my own
knowledge except as tothe matters therein stated to be alleged on information and belief, and as to
those matters I believe itto be true.
The grounds of my beliefs as to all matters not stated on my own knowledge are books and
records in my possession, conversations with officers or employees of Plaintiff or its agents, and the
public record.
Dated: June 8, 2021
New York, New York
Ralph L. Vartolo, sq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
T: (212) 471-5100
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li]
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
ALL THAT TRACT OR PARCEL OF LAND, situateat3437 New York State Route 54A in theHamlet of Branchport,
Town of Jerusalem,County of Yates and Stateof New York bounded and desenbed as follows:
Beginning at anironpm set on theeast sideofNew York StateRoute 54A (Main Street),sand pinbeing the following
courses and distances from the existingcenterlineintersectionof New York StateRoute 54A (Main Street)and New York
05°49'12" 85°52'00"
StateRoute 54A (where the same tums east);N W. 298.02 feet and S W 43.81 feet;thence from the
85°52'00"
truepoint and place of be¼nning; N E along lands now or formerly Mary P. Pearse(L. 386, Pg. 980) 330.00
04°08'00"
feetto an ironpin set;thence S E along lands now or formerly Lake Keuka Conservation Club, Inc.(L. 283, Pg.
85°52'00"
132 & 135) 91.00 feetto an ironpin set;thence S W, along landsnow or formerly Audrey Mitchell (L.455, Pg.
04°08'00"
886), 330.00 feetto an ironpin set;thence N W, along the eastIme of New York StateRoute 54A (Main Street)
91.00 feetto thepoint and place of bepnning. Compnsing an areaof 0.609 acres allas more accurately shown on a map
Thompson"
of survey entitled"Plan ofLand tobe Conveyed by Rosemary completed by Dwight I.Lafler,LS on June
20th, 2005 labeled as Frle#699-05 and which map isintended to be filede-n1+-ously herewith.
Subjectto highway and utihtyeasements of record.
Being the same premises conveyed to thisgrantor by deed from BrianZerges dated February 10th,2004 and recorded in
theYates County Clerk'sOffice inLiber 498 of Deeds at Page75.
Prennses: 55 West Lake Road Bpt,Branchport, NY 14418
aka 55 West Lake Road, Branchport, NY 14418
Tax Parcel ID No.: Section:83.57 Block: 1 Iot: 30
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
---------------- ----------------------------X
U.S. BANK NATIONAL ASSOCIATION, AS Index No.
INDENTURE TRUSTEE, FOR THE HOLDERS OF
THE CIM TRUST 2017-7, MORTGAGE-BACKED AFFIDAVIT PURSUANT TO
NOTES, SERIES 2017-7, THE COVID-19
EMERGENCY EVICTION
Plaintiff AND FORECLOSURE
-against- PREVENTION ACT OF 2020
AMY L. SHERMAN AKA AMY L. WOODEN; Mortgaged Premises:
CHRISTOPHER S. WOODEN AKA CHRISTOPHE 55 West Lake Road Bpt
WOODEN; STERLING JEWELERS INC. DBA KAY Branchport, New York, 14418
DOE" DOE"
OUTLET; "JOHN and "JANE said names aka
being fictitious, itbeing the intention of plaintiff to 55 West Lake Road
designate any and alloccupants of premises being Branchport, New York, 14418
foreclosed herein,
Section: 83.57
Defendants Block: 1
Lot: 30
----------------------------------- ----------X
STATE OF UTAH )
) ss.
COUNTY OF SALT LAKE )
1. Iam an officer of Select Portfolio Servicing, Inc. ("SPS") acting as attorney-in-fact for U.S. Bank
National Association, as indenture trustee, for the holders of the CIM Trust 2017-7, Mortgage-Backed
Notes, Series 2017-7, the Plaintiff herein. SPS is the servicer of the subject mortgage and in such
capacity performs mortgage loan services with respect to the mortgage on the Plaintiff's behalf. As an
officer of SPS I am authorized to make this affidavit on behalf of the Plaintiff.
2. As a mortgage servicer, SPS collects payments from borrowers and maintains up-to-date electronic
records concerning the loans itservices in itselectronic record-keeping system. I have access to SPS's
business records, including the business records for and relating to the subject loan. I make this
affidavit based upon my review of those records relating to the Borrowers's loan and from my own
personal knowledge of how the records are kept and maintained. The loan records are rñaiñtained by
SPS in the course of itsregularly conducted business activities and are made at or near the time of the
event, by or from information transmitted by a person with personal knowledge. Itis the regular
practice to keep such records in the ordinary course of a regularly conducted business activity.
3. To the extent that the business records of the loan in this matter were created by a prior servicer, the
prior servicer's records for the loan were incorporated and boarded into SPS's systems, such that the
prior servicer's records concerning the loan are now part of SPS's business records. SPS conducts
quality control and verification of the information received from the prior servicer as part of the
boarding process to ensure the accuracy of the boarded records. Itis the regular practice of SPS to
servicers'
incorporate prior records into SPS's business records, and SPS routinely relies upon the
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NY007.J001
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accuracy of those boarded records in providing itsloan servicing functions. These prior servicer
records are integrated and relied upon by SPS as part of SPS's business records.
4. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and procedures.
SPS's standard mailing practices are designed to ensure that items are properly addressed and mailed.
Pursuant to SPS's standard mailing practices, ninety (90) day pre-foreclosure notices are posted,
addressed, and delivered to the care of the United States Postal Service in a postage paid, properly
addressed envelope on thedate of the notice. SPS does not upload copies of its pre-
ninety (90) day
foreclosure notices to its system until have been mailed. These pre-
imaging they ninety (90) day
foreclosure notices are attached hereto as Exhibit "A". The certified barcode included at thetop of the
cover page that is included with the notice indicates that the notice was sent via certified mail while the
absence of such barcode indicates that the notice was sent via firstclass mail. Based upon SPS's
standard mailing practices, as well as my review of the ninety (90) day pre-foreclosure notices, I can
confirm that the ninety (90) day pre-foreclosure notices dated July 30, 2018 and attached hereto were
sent to the following parties by certified and firstclass mail on that date: Christopher S. Wooden and
Amy L. Wooden at 55 West Lake Road, Branchport, NY 14418.
5. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and procedures.
SPS's standard mailing practices are designed to ensure that items are properly addressed and mailed.
Pursuant to SPS's standard mailing practices, hardship declaration are posted, addressed, and delivered
to the care of the United States Postal Service in a postage paid, properly addressed envelope on the
date of the notice. SPS does not upload copies of itshardship declaration to itsimaging system until
they have been mailed. The hardship declaration is attached hereto as Exhibit "B". The certified barcode
included at the top of the cover page that is included with the notice indicates that the notice was sent
via certified mail while the absence of such barcode indicates that the notice was sent via first class
mail. Based upon SPS's standard mailing practices, as well as my review of the hardship declaration, I
can confirm that the hardship declaration dated February 26, 2021 and attached hereto were sent to the
following parties by certified and first class mail on that date: Christopher S. Wooden and Amy L.
Wooden at 55 West Lake Road, Branchport, NY 14418.
6. An executed Hardship Declaration has not been received by the Plaintiff or Sele
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FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES -- ------------------------------------------------------X U.S. BANK NATIONAL ASSOCIATION, AS Index No. INDENTURE TRUSTEE, FOR THE HOLDERS OF THE CIM TRUST 2017-7, MORTGAGE-BACKED SUMMONS AND NOTICE NOTES, SERIES 2017-7, Mortgaged Premises: Plaintiff 55 West Lake Road Bpt -against- New York 14418 Branchport, aka AMY L. SHERMAN AKA AMY L. WOODEN; 55 West Lake Road CHRISTOPHER S. WOODEN AKA CHRISTOPHE Branchport, New York 14418 WOODEN; STERLING JEWELERS INC. DBA KAY DOE" DOE" OUTLET; "JOHN and "JANE said names Section: 83.57 being fictitious, itbeing the intention of Plaintiff to Block: 1 designate any and alloccupants of premises being Lot: 30 foreclosed herein, Defendants ----------------------------------------X Mortgaged Premises: 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New York 14418 To The Above Named Defendant(s): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other 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. If you fail to appear or to answer within the aforementioned time frame, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECTIVE of the above captioned action is to foreclose on a Mortgage to secure $93,447.76 and interest, recorded in the Yates County Clerk's Office on August 14, 2008 in Book 736, Page 325, Instrument Number 2008-00002902, covering the premises known as 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New York 14418. The relief sought herein is a finaljudgment directing sale of the premises described above to satisfy the debt secured by the mortgage described above. Plaintiff designates Yates County as the place of trial. Venue is based upon the County in which the mortgaged premises is located. Firm FileNo. 203165-1 1 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 NOTICE YOUARE IN DANGER OF LOSING YOUR HOME If you do not respond to this sun..2:c..a and complaint by serving a copy of the answer on the attorney for the mortgage c:rpany who filed this foreclosure prüccid;-g against you and filing the answer with the court, a default judgn:cnt 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 answer the surrens and protect your property. Scuding a payment to your mortgage cêñ1p2ñy will not stop this foreclüsure 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. Dated: June 8, 2021 New York, New York Ralph L. Vartolo, sq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 T: (212) 471-5100 Firm FileNo. 203165-1 2 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES ------------------------------------------------------X U.S. BANK NATIONAL ASSOCIATION, AS Index No. INDENTURE TRUSTEE, FOR THE HOLDERS OF THE CIM TRUST 2017-7, MORTGAGE-BACKED VERIFIED COMPLAINT NOTES, SERIES 2017-7, Mortgaged Premises: Plaintiff 55 West Lake Road Bpt -against- New York 14418 Branchport, aka AMY L. SHERMAN AKA AMY L. WOODEN; 55 West Lake Road CHRISTOPHER S. WOODEN AKA CHRISTOPHE Branchport, New York 14418 WOODEN; STERLING JEWELERS INC. DBA KAY DOE" DOE" OUTLET; "JOHN and "JANE said names Section: 83.57 being fictitious, itbeing the intention of Plaintiff to Block: 1 designate any and alloccupants of premises being Lot: 30 foreclosed herein, Defendants ---------------------------------------X The Plaintiff herein, by its attorneys FRIEDMAN VARTOLO LLP complains of the defendants above named herein and, upon information and belief, alleges as follows: 1. Plaintiff, U.S. Bank National Association, as Indenture Trustee, for the Holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 (hereinafter "Plaintiff"), at all times hereinafter mentioned was and stillis a duly organized association with offices at c/o Select Portfolio Servicing, Inc., 3217 South Decker Lake Drive, Salt Lake City, Utah 84119. 2. The object of the instant action is to foreclose a Mortgage securing the premises known as 55 West Lake Road Bpt, Branchport, New York 14418 aka 55 West Lake Road, Branchport, New York 14418 (hereiñafter "Mortgaged Premises"). The Mortgaged Premises is more fully described in "A" Schedule annexed hereto. 3. On February 25, 2008, Amy L. Wooden and Christopher S. Wooden (hereinafter "Borrowers") being indebted to Household Finance Realty Corporation of New York, in the sum of $93,447.76, executed a Note to secure that sum with a fixed interest rate of 10.070% per annum, Firm FileNo. 203165-1 3 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 payable in successive monthly installments of $1,008.20 on the twenty-fifth day of each month commencing March 25, 2008 and the final payment to be made February 25, 2023 (hereinafter "Note"). A true and correct copy of the Note is attached hereto as Exhibit A. 4. To secure payment of the obligation described in paragraph three (3), Amy L. Shermañ aka Amy L. Wooden (hereinafter "Mortgagor") executed to Household Finance Realty Corporation of New York a mortgage of even date with said Note, and thereby mortgaged the Mortgaged Premises as collateral security for the Note. Said mortgage was recorded in the County Clerk's Office of Yates on August 14, 2008 in Book 736, on Page 325, Instrument Number 2008-00002902 (hereinafter "Mortgage"). A true and correct copy of the Mortgage is attached hereto as Exhibit B. 5. Thereafter, the Mortgage was assigned as provided for below: ASSIGNMENT OF MORTGAGE: Assignor: Household Finance Realty Corporation of New York Assignee: LSF9 Master Participation Trust Dated: June 22, 2016 Recorded: June 27, 2016 Liber Book: 368 Page: 26 Instrument No.: 2016-00001662 A copy of the aforementioned assignment of Mortgage is attached hereto as Exhibit C. 6. On or about April 2, 2016, Borrowers and Caliber Home Loans, Inc obo LSF9 Master Participation Trust amended and supplemented the Mortgage by execution of a loan modification agreement, which capitalized all arrears to form a total unpaid principal balance of $75,707.07 (hereinafter "Loan Modification Agreement"). The Loan Modification Agreement amended the interest rate of the Mortgage such that interest would accrue at 8.000% per annum on the interest- $66,290.14, bearing principal, from May 1, 2016 until the reduction period end date, May 1, 2021, at which time interest would revert back to the rate as set forth in the Note. Furthermore, $9,416.93, the deferred principal balance, would become due and owing on the maturity date, February 25, 2023. A copy of the Loan Modification Agreement is attached hereto as Exhibit D. Firm FileNo. 203165-1 4 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 7. Thereafter, the Mortgage was assigned as provided for below: ASSIGNMENT OF MORTGAGE: Assignor: LSF9 Master Participation Trust Assignee: Citibank, N.A. as Trustee for CMLTI Asset Trust Dated: June 15, 2017 Recorded: August 2, 2017 Liber Book: 381 Page: 36 Instrumeñt No.: 2017-00001990 ASSIGNMENT OF MORTGAGE: Assignor: Citibank, N.A., as Trustee for CMLTI Asset Trust Assignee: Chimera Funding TRS LLC Dated: October 25, 2017 Recorded: November 21, 2017 Liber Book: 384 Page: 45 Instrument No.: 2017-00003083 ASSIGNMENT OF MORTGAGE: Assignor: Chimera Funding TRS LLC Assignee: U.S. Bank National as Indenture for the holders of the CIM Trust 2017- Association, Trustee, 7, Mortgage-Backed Notes Series 2017-7 Dated: January 22, 2021 Recorded: February 1, 2021 Instrument No.: 2021-3801 Copies of the aforementioned assignments of Mortgage are attached hereto as Exhibit E. 8. Plaintiff or its custodian/agent is in possession of the original Note with a proper endorsement and/or allonge firmly affixed to the original Note and is therefore, the holder of both the Note and Mortgage, which passes incident to the Note. 9. Plaintiff has complied with all of the applicable provisions of RPAPL §1304, if required, and, if applicable, the Emergency Eviction and Foreclosure Prevention Act of 2020, The Administrative Order 341/20, New York Banking Law 9-X, Banking Law §§ 595-a and 6-1 and 6-m. 10. Notices were sent to the Borrowers specifically pursuant to RPAPL §1304 on July 30, 2018 (hereinafter "90-Day Notices"). Said 90-Day Notices have not expired and were sent to the Borrowers at least 90-days prior to the commencement of the instant action. The 90-Day Notices were in 14-point type, contained the statutorily dictated language of RPAPL §1304 and the address and Firm FileNo. 203165-1 5 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 phone numbers of at least five US Department of Housing and Urban Development approved housing counseling agencies in the region where the Borrowers reside and was mailed by registered or certified mail and first-class mail to the Mortgaged Premises and last known address of the Borrowers, if different. True and correct copies of the 90-Day Notices are attached hereto as Exhibit F. 11. That the Plaintiff has complied fully with the RPAPL §1306 filing requirement, if required, by filing with the superintendent of banks within three (3) business days of date the 90-Day Notices were mailed. True and correct copies of the proofs of filing are attached hereto as Exhibit G. 12. That the Mortgage provides that in the case of default in the payment of any principal or interest or any other terms, covenants or conditions of the Mortgage, the holder of the Mortgage could declare the entire indebtedness secured by the Mortgage immediately due and payable, and that the holder of the Mortgage is empowered to sell the Mortgaged Premises. 13. That the Mortgagor defaulted on the Mortgage on February 1, 2018 and since that date has failed to comply with the conditions of the Mortgage by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges. 14. That pursuant to paragraph 9 of the Mortgage, in the case of default in the payment of any principal or interest or any other terms, covenants or conditions of the Mortgage, the holder of the Mortgage could declare the entire indebtedness secured by the Mortgage immediately due and payable, and that the holder of the Mortgage is empowered to sell the Mortgaged Premises according to law. As Mortgagor has failed to pay monthly installments prior to or on the due date, Plaintiff elects herein to accelerate the Mortgage and call due the entire amount secured by said Mortgage. 15. That in order to protect its security, the Plaintiff has paid, or may be compelled to pay during the pendency of this action, local taxes, assessments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises. Firm FileNo. 203165-1 6 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 16. That, pursuant to the Mortgage, the Mortgagor promised to pay, in addition to principal and interest, all the additional charges mentioned in the preceding paragraph, and Plaintiff hereby requests that any sums paid by Plaintiff for such purposes, with interest thereon, be added to the sum otherwise due and be deemed secured by the Mortgage and be adjudged to be a valid lien on the Mortgaged Premises. 17. That there is now due and owing to the Plaintiff under said Note and Mortgage the principal sum of $66,290.14, as well as, a deferred balance of $9,864.23, with interest thereon from January 1, 2018, plus late charges and advances made by the Plaintiff on behalf of the Mortgagor and other named defendants and any other charges due and owing pursuant to the terms of the Note and Mortgage. 18. Pursuant to paragraph Late Charge of the Note, in the event any installment shall become overdue for a period in excess of 15 days, a late charge on the overdue sum may be charged for the purpose of defraying the expense in handling such delinquent payment. 19. Plaintiff has complied with all conditions precedent, required by the Mortgage, prior to the commencement of this action. 20. Pursuant to the terms of the Mortgage, a notice of default was mailed to the Borrowers on September 11, 2020 via certified mail and first class mail to the last known address of the Borrowers, which was the Mortgaged Premises (hereinafter "Notice of Default"). True and correct copies of the Notice of Default is attached hereto as Exhibit H. 21. That defendant, Amy L. Sherman aka Amy L. Wooden, is a named party Defendant to this action because she is the mortgagor, prior record owner, and original obligor under the Note secured by the Mortgage, which was assigned as provided for hereinabove. 22. That defendant, Christopher S. Wooden aka Christophe Wooden, is a named party Firm FileNo. 203165-1 7 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 Defendant to this action because he is the record owner and original obligor under the Note secured by the Mortgage, which was assigned as provided for hereinabove. 23. That defendant, Sterling Jewelers Inc. DBA Kay Outlet, is a named party defendant to this action because it is a subordinate lienor by virtue of a judgment in the Yates County Supreme Court for $3,169.86, against Christophe Wooden, 55 West Lake Road, Branchport, New York 14418, recorded on March 7, 2016 in Index No. 2015-0232. The attorney of record for the above referenced subordinate lienor is: Sharinn & Lipshie, P.C.. Doe" 24. That defendants "John and "Jane Doe", are named party defendants, said names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the Mortgaged Premises being foreclosed herein. 25. That each of the above named defendants have or claim to have some interest in, or lien upon, the Mortgaged Premises or some part thereof, which interest or lien, ifany, accrued subsequent to the lien of the Plaintiff's Mortgage and is subject and subordinate thereto. 26. That the Plaintiff is now the sole, true and lawful holder of the record of the said Note and is the mortgagee of record or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject Note and Mortgage. 27. There have been no prior proceedings, at law or otherwise, to collect or enforce the aforementioned default under the Note or Mortgage and no such proceedings are currently pending. 28. The Plaintiff shall not be deemed to have waived, altered, released or changed its election herein by reason of any payment after the commencement of this action of any or all of the defaults mentioned herein and such election shall continue to be effective. 29. That the Mortgage provides that, in the case of foreclosure, the Mortgaged Premises may Firm FileNo. 203165-1 8 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 be sold in one parcel and that if the Mortgaged Premises consist of more than one parcel, Plaintiff respectfully requests that the Judgment of Foreclosure and Sale provide for the parcels to be sold as one parcel. 30. The sale of the Mortgaged Premises under foreclosure herein is subject to any state of facts that an inspection of the Mortgaged Premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said Mortgaged Premises and any violation thereof, any equity of redemption of the United States to redeem the Mortgaged Premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject Mortgaged Premises, and to zoning regulations and ordinances of the city,town, or village in which said Mortgaged Premises lies and any violations thereof. 31. In the event that the Plaintiff possess any other lien(s) against the Mortgaged Premises either by way of judgment, junior mortgage or otherwise, Plaintiff requests that such other lien(s) not be merged in Plaintiff's cause(s) of action set forth herein, but that Plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. WHEREFORE, Plaintiff demands judgment: (a) adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, advancements and reasonable attorney's fees, if fees were provided for in the said Mortgage; (b) that the defendants and all persons claiming by, through and under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, titleconveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien or interest, or equity of redemption in and to said Mortgaged Firm FileNo. 203165-1 9 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 Premises; (c) that the said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; (d) that out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts then due on said Note and Mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, ifand as provided for in the Mortgage, rider or other agreement, so far as the amount of such money is properly applicable thereto will pay the same; (e) that any of the parties to this action may become a purchaser upon such sale; (f) that should the Mortgaged Premises be sold by foreclosure sale and the proceeds of said sale be insufficient to pay the total debt due plaintiff, the Borrowers named hereinabove, unless discharged in bankruptcy, may be adjudged to pay the amount of the deficiency; (g) that the United States of America shall have the right of redemption, if applicable; (h) that the Plaintiff may have such other or further relief, or both, in the Mortgaged Premises as may be just and equitable. Dated: June 8, 2021 New York, New York Ralph L. Vartolo,¥sq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 T: (212) 471-5100 Firm FileNo. 203165-1 10 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 VERIFICATION Ralph L. Vartolo, Esq., an attorney admitted to practice in the courts of New York State, hereby affirms under penalty of perjury that: I am a partner of the firm of FRIEDMAN VARTOLO LLP the attorneys of record for the Plaintiff in the within action. I have read the foregoing complaint and know the contents thereof; the same is true to my own knowledge except as tothe matters therein stated to be alleged on information and belief, and as to those matters I believe itto be true. The grounds of my beliefs as to all matters not stated on my own knowledge are books and records in my possession, conversations with officers or employees of Plaintiff or its agents, and the public record. Dated: June 8, 2021 New York, New York Ralph L. Vartolo, sq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 T: (212) 471-5100 Firm FileNo. 203165-1 11 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 li] SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL THAT TRACT OR PARCEL OF LAND, situateat3437 New York State Route 54A in theHamlet of Branchport, Town of Jerusalem,County of Yates and Stateof New York bounded and desenbed as follows: Beginning at anironpm set on theeast sideofNew York StateRoute 54A (Main Street),sand pinbeing the following courses and distances from the existingcenterlineintersectionof New York StateRoute 54A (Main Street)and New York 05°49'12" 85°52'00" StateRoute 54A (where the same tums east);N W. 298.02 feet and S W 43.81 feet;thence from the 85°52'00" truepoint and place of be¼nning; N E along lands now or formerly Mary P. Pearse(L. 386, Pg. 980) 330.00 04°08'00" feetto an ironpin set;thence S E along lands now or formerly Lake Keuka Conservation Club, Inc.(L. 283, Pg. 85°52'00" 132 & 135) 91.00 feetto an ironpin set;thence S W, along landsnow or formerly Audrey Mitchell (L.455, Pg. 04°08'00" 886), 330.00 feetto an ironpin set;thence N W, along the eastIme of New York StateRoute 54A (Main Street) 91.00 feetto thepoint and place of bepnning. Compnsing an areaof 0.609 acres allas more accurately shown on a map Thompson" of survey entitled"Plan ofLand tobe Conveyed by Rosemary completed by Dwight I.Lafler,LS on June 20th, 2005 labeled as Frle#699-05 and which map isintended to be filede-n1+-ously herewith. Subjectto highway and utihtyeasements of record. Being the same premises conveyed to thisgrantor by deed from BrianZerges dated February 10th,2004 and recorded in theYates County Clerk'sOffice inLiber 498 of Deeds at Page75. Prennses: 55 West Lake Road Bpt,Branchport, NY 14418 aka 55 West Lake Road, Branchport, NY 14418 Tax Parcel ID No.: Section:83.57 Block: 1 Iot: 30 Firm FileNo. 203165-1 12 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES ---------------- ----------------------------X U.S. BANK NATIONAL ASSOCIATION, AS Index No. INDENTURE TRUSTEE, FOR THE HOLDERS OF THE CIM TRUST 2017-7, MORTGAGE-BACKED AFFIDAVIT PURSUANT TO NOTES, SERIES 2017-7, THE COVID-19 EMERGENCY EVICTION Plaintiff AND FORECLOSURE -against- PREVENTION ACT OF 2020 AMY L. SHERMAN AKA AMY L. WOODEN; Mortgaged Premises: CHRISTOPHER S. WOODEN AKA CHRISTOPHE 55 West Lake Road Bpt WOODEN; STERLING JEWELERS INC. DBA KAY Branchport, New York, 14418 DOE" DOE" OUTLET; "JOHN and "JANE said names aka being fictitious, itbeing the intention of plaintiff to 55 West Lake Road designate any and alloccupants of premises being Branchport, New York, 14418 foreclosed herein, Section: 83.57 Defendants Block: 1 Lot: 30 ----------------------------------- ----------X STATE OF UTAH ) ) ss. COUNTY OF SALT LAKE ) 1. Iam an officer of Select Portfolio Servicing, Inc. ("SPS") acting as attorney-in-fact for U.S. Bank National Association, as indenture trustee, for the holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7, the Plaintiff herein. SPS is the servicer of the subject mortgage and in such capacity performs mortgage loan services with respect to the mortgage on the Plaintiff's behalf. As an officer of SPS I am authorized to make this affidavit on behalf of the Plaintiff. 2. As a mortgage servicer, SPS collects payments from borrowers and maintains up-to-date electronic records concerning the loans itservices in itselectronic record-keeping system. I have access to SPS's business records, including the business records for and relating to the subject loan. I make this affidavit based upon my review of those records relating to the Borrowers's loan and from my own personal knowledge of how the records are kept and maintained. The loan records are rñaiñtained by SPS in the course of itsregularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with personal knowledge. Itis the regular practice to keep such records in the ordinary course of a regularly conducted business activity. 3. To the extent that the business records of the loan in this matter were created by a prior servicer, the prior servicer's records for the loan were incorporated and boarded into SPS's systems, such that the prior servicer's records concerning the loan are now part of SPS's business records. SPS conducts quality control and verification of the information received from the prior servicer as part of the boarding process to ensure the accuracy of the boarded records. Itis the regular practice of SPS to servicers' incorporate prior records into SPS's business records, and SPS routinely relies upon the Firm File No. 203165-2 NY007.J001 13 of 209 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2021 accuracy of those boarded records in providing itsloan servicing functions. These prior servicer records are integrated and relied upon by SPS as part of SPS's business records. 4. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and procedures. SPS's standard mailing practices are designed to ensure that items are properly addressed and mailed. Pursuant to SPS's standard mailing practices, ninety (90) day pre-foreclosure notices are posted, addressed, and delivered to the care of the United States Postal Service in a postage paid, properly addressed envelope on thedate of the notice. SPS does not upload copies of its pre- ninety (90) day foreclosure notices to its system until have been mailed. These pre- imaging they ninety (90) day foreclosure notices are attached hereto as Exhibit "A". The certified barcode included at thetop of the cover page that is included with the notice indicates that the notice was sent via certified mail while the absence of such barcode indicates that the notice was sent via firstclass mail. Based upon SPS's standard mailing practices, as well as my review of the ninety (90) day pre-foreclosure notices, I can confirm that the ninety (90) day pre-foreclosure notices dated July 30, 2018 and attached hereto were sent to the following parties by certified and firstclass mail on that date: Christopher S. Wooden and Amy L. Wooden at 55 West Lake Road, Branchport, NY 14418. 5. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and procedures. SPS's standard mailing practices are designed to ensure that items are properly addressed and mailed. Pursuant to SPS's standard mailing practices, hardship declaration are posted, addressed, and delivered to the care of the United States Postal Service in a postage paid, properly addressed envelope on the date of the notice. SPS does not upload copies of itshardship declaration to itsimaging system until they have been mailed. The hardship declaration is attached hereto as Exhibit "B". The certified barcode included at the top of the cover page that is included with the notice indicates that the notice was sent via certified mail while the absence of such barcode indicates that the notice was sent via first class mail. Based upon SPS's standard mailing practices, as well as my review of the hardship declaration, I can confirm that the hardship declaration dated February 26, 2021 and attached hereto were sent to the following parties by certified and first class mail on that date: Christopher S. Wooden and Amy L. Wooden at 55 West Lake Road, Branchport, NY 14418. 6. An executed Hardship Declaration has not been received by the Plaintiff or Sele