Preview
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021
EXHIBIT H
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021
September 11, 2020
AMY L WOODEN
CHRISTOPHER S WOODEN
55 W LAKE RD
BRANCHPORT, NY 14418
PLEASE READ THIS NOTICE CAREFULLY. TAKE ACTION TO AVOID THE LOSS OF YOUR PROPERTY.
NOTICE OF DEFAULT - RIGHT TO CURE
Account Number:
Property Address: 55 W LAKE RD
BRANCHPORT, NY 14418
Dear Customer(s):
The mortgage loan on your property is in default as a result of your failure to make payments as required by the Note
and Deed of Trust or Mortgage (Security Instrument). We have previously sent you letters and communications
regarding this default in an attempt to resolve this matter. This letter provides information about the default and what
rights you have to cure the default. Select Portfolio Servicing, Inc. (SPS) services your mortgage loan and has been
instructed on behalf of the holder of the promissory note to pursue remedies under the Security Instrument unless you
take action to cure the default before the Cure Date shown below. The Noteholder on your Loan is U.S. Bank National
Association, as indenture trustee, for the holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7
(c/o Select Portfolio Servicing, Inc., PO Box 65250 Salt Lake City, UT 84165-0250).
This letter provides notice of the following:
The Default
You have failed to make payments under the Note and Security Instrument as shown below. This letter is a formal
demand for payment.
Action Required to Cure the Default
To cure this default, you must pay the Amount Required to Cure together with payments which may subsequently
become due, on or before the Cure Date listed below.
Amount Required to Cure the Default
As of the date of this letter, the total amount due and required to cure the default on your loan is $16,326.05 (Amount
Required to Cure) as itemized below:
LR062 2207 00231536000214010200
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021
Itemization of Amount Required to Cure
Cure Date: October 14, 2020
Payment due for February 1, 2018 $15,955.87
Total amount due includes Escrow Payments (Taxes/Insurance) of $93.60
Accrued Late Charges $17.68
Advances made on Customer’s behalf $352.50
Escrow advance balance (Deficit) $0.00
Total Amount Outstanding $16,326.05
Unapplied balance $0.00
AMOUNT REQUIRED AS OF September 11, 2020 TO CURE THE DEFAULT $16,326.05
Additional payments may become due between the date of this letter and the Cure Date. If you wish to cure the
default after those payments become due, they should be added to the Amount Required to Cure. You have thirty (30)
days from the date of this notice to pay the Amount Required to Cure. This Cure Date is October 14, 2020. Fees and
other charges may continue to be assessed to your account after the date of this letter pursuant to the terms of the
Security Instrument. In addition, there may be other fees, escrow advances or corporate advances that SPS paid on
your behalf or advanced to your account not itemized in this letter. While these amounts are not required to cure the
payment default, you still owe these amounts. To obtain the amount required to bring the loan current, please contact
SPS at our toll free number 800-635-9698.
SPS is not waiving its right to demand that you pay these amounts at a later date. SPS reserves the right to accept
one or more payments for less than the Amount Required to Cure, and such acceptance shall not be deemed a waiver
of any of its rights under the Security Instrument. This means, for example, if you send us a payment for less than the
Amount Required to Cure, we can apply this payment to the amount due and owing, and because the payment did not
cure the default, continue the process towards foreclosure. Please be advised that our acceptance of any such partial
payment does not prejudice our right to refuse such payment or partial payment in the future.
Possible Consequences of Default
Failure to cure the default on or before October 14, 2020 may result in acceleration of the sums secured by the
Security Instrument and sale of the property, unless a loss mitigation alternative to foreclosure has been started. In
other words, SPS may initiate foreclosure and require immediate payment in full of the entire outstanding unpaid
amount on the account. If that happens, you may lose your home. A foreclosure will result in the involuntary loss of the
property via sale to the lender or another person may acquire the property by means of foreclosure and sale, and you
may be evicted. Once foreclosure is initiated, additional amounts for legal fees and costs may be incurred. These
sums can be significant. They may be added to amounts secured by the Security Instrument, and they may be
required to be paid, to the extent permitted by law, if you wish to reinstate or satisfy the loan after foreclosure is
initiated.
You have the right to reinstate after acceleration. If you meet the conditions to reinstate, as provided in the Security
Instrument, you may reinstate even after foreclosure has been initiated but prior to sale. This means that once you
have met the conditions, the enforcement of the Security Instrument will be stopped and your Note and Security
Instrument will remain, as if demand for payment in full had not been made. You will have this right at any time before
the earliest of: (a) five days before sale of the property under any power of sale granted by the Security Instrument; (b)
another period as applicable law might specify for the termination of your right to have enforcement of the loan
stopped; or (c) a judgment has been entered enforcing your Security Instrument. SPS requires that you pay
reinstatement amounts in certified funds. Certified funds include a bank wire, cashier’s bank check, attorney trust
account check, title or escrow company check, or Western Union Quick Collect. Please contact SPS at 800-635-9698
for instructions on submitting these funds. If you reinstate, the Security Instrument shall remain fully effective as if no
foreclosure action had started.
LR062 2207
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021
Payment Options
Please provide payments to the following address:
Sent via US Mail to: Sent via overnight courier to:
Select Portfolio Servicing, Inc. Select Portfolio Servicing, Inc.
PO Box 65450 Salt Lake City, UT 84165-0450 Attn: Remittance Processing
3217 S. Decker Lake Dr., Salt Lake City, UT 84119
Payments may be submitted in the following forms:
(a) Personal check (if foreclosure has not been initiated)
(b) Money order
(c) Bank wire (electronic funds transfer). Please contact SPS for the information necessary to complete a bank
wire.
(d) Certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency.
(e) Western Union Quick Collect. Reference the loan number above and deliver to Code City: Oswald, Code
State: UT.
In some circumstances, you may be able to submit a payment through EZ Pay by calling 800-258-8602 or visiting our
website at www.spservicing.com. Please remember that EZ Pay payments clear quickly, and you must have the
funds in your checking account on the day you ask us to process a payment. We will obtain your consent prior to
initiating payment and will advise you of any fee for this service which may be up to $15.00.
You Have Options to Avoid Foreclosure!
SPS is committed to home retention and offers many customer assistance programs designed to help customers
avoid foreclosure. These programs are offered at no cost to our customers and are designed to help preserve home
ownership or prevent foreclosure through structured repayment plans, special payment arrangements, modifications,
short settlements, and deed-in-lieu options, if you are eligible. If you would like to learn more about these programs,
you should immediately contact an SPS representative at our toll-free number, 800-635-9698, or visit our website at
www.spservicing.com. Our representatives are available by phone Monday through Thursday between the hours of 8
a.m. and 11 p.m., Friday from 8 a.m. to 9 p.m., and Saturday from 8 a.m. to 2 p.m., Eastern Time.
If we can reach an agreement to resolve your default, we will not proceed with and/or commence foreclosure,
as long as you comply with the agreement and make required payments.
Counseling
HUD approved home ownership counseling may be available to you. You should call 800-569-4287 or TDD
800-877-8339, or go to HUD’s website at www.hud.gov to find the HUD-approved housing counseling agency nearest
you. You may be eligible for assistance from the Homeownership Preservation Foundation, which may be reached at
the Homeowner’s HOPE™ Hotline at 888-995-HOPE™ (888-995-4673) or at their website, www.995hope.org, or you
may seek help from another non-profit foreclosure avoidance agency.
Servicemembers Civil Relief Act (SCRA)
SPS is committed to home ownership assistance for active servicemembers and veterans of the United States
military. You may be entitled to certain protections under the federal Servicemembers Civil Relief Act (50 U.S.C. 3901
et seq.) regarding your interest rate and the risk of foreclosure ifyou are a servicemember or a dependent of a
servicemember. Counseling for covered servicemembers is available at agencies such as Military OneSource
(800-342-9647 or www.militaryonesource.mil) and Armed Forces Legal Assistance (http://legalassistance.law.af.mil).
Note: your state may have more expansive eligibility criteria than below. Please contact us as soon as possible if you
have any questions or believe you may be eligible.
LR062 2207 00231536000214020200
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021
Eligible service may include, but is not limited to:
• Regular members of the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard), or
• Reserve and National Guard personnel who have been activated and are on Federal active duty, or
• National Guard personnel under a call or order to active duty for more than 30 consecutive days under section
502(f) of title32, United States Code, for purposes of responding to a national emergency declared by the
President and supported by Federal funds, or
• Active service members of the commissioned corps of the Public Health Service and the National Oceanic and
Atmospheric Administration, or
• Certain United States citizens serving with the armed forces of a nation with which the United States is allied in
the prosecution of a war or military action.
Please send written notice of military service as soon as possible to:
Select Portfolio Servicing, Inc.
PO Box 65250 Salt Lake City, UT 84165-0250
If you have questions regarding eligibility and application requirements, please call us at 800-258-8602.
Your Rights
If you wish to dispute your delinquency or Amount Required to Cure the Default, you may do so by providing a
written dispute to SPS at the following address:
Select Portfolio Servicing, Inc.
PO Box 65277 Salt Lake City, UT 84165-0277
You may call SPS at our toll free number 800-258-8602 to discuss your dispute. However, to protect your
rights under federal law, you will need to provide written notice to SPS if you believe that your dispute is
unresolved.
You have the right in any lawsuit for foreclosure and sale to argue that you did keep your promises and
agreements under the Note and Security Instrument, and to present any other defenses that you may have.
You have options to avoid foreclosure. THE TIME TO ACT IS NOW. Please call us at 800-635-9698.
Sincerely,
Select Portfolio Servicing, Inc.
Esta carta contiene información importante concerniente a sus derechos. Por favor, traduzca esta carta.
Nuestros representantes bilingües están a su disposición para contestar cualquier pregunta. Llamenos al
numero 800-831-0118 y seleccione/marque la opción 2.
This communication from a debt collector is an attempt to collect a debt and any information obtained will be
used for that purpose.
New York City - Collection Agency License # 1170514
LR062 2207
Preview
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021 EXHIBIT H FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021 September 11, 2020 AMY L WOODEN CHRISTOPHER S WOODEN 55 W LAKE RD BRANCHPORT, NY 14418 PLEASE READ THIS NOTICE CAREFULLY. TAKE ACTION TO AVOID THE LOSS OF YOUR PROPERTY. NOTICE OF DEFAULT - RIGHT TO CURE Account Number: Property Address: 55 W LAKE RD BRANCHPORT, NY 14418 Dear Customer(s): The mortgage loan on your property is in default as a result of your failure to make payments as required by the Note and Deed of Trust or Mortgage (Security Instrument). We have previously sent you letters and communications regarding this default in an attempt to resolve this matter. This letter provides information about the default and what rights you have to cure the default. Select Portfolio Servicing, Inc. (SPS) services your mortgage loan and has been instructed on behalf of the holder of the promissory note to pursue remedies under the Security Instrument unless you take action to cure the default before the Cure Date shown below. The Noteholder on your Loan is U.S. Bank National Association, as indenture trustee, for the holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 (c/o Select Portfolio Servicing, Inc., PO Box 65250 Salt Lake City, UT 84165-0250). This letter provides notice of the following: The Default You have failed to make payments under the Note and Security Instrument as shown below. This letter is a formal demand for payment. Action Required to Cure the Default To cure this default, you must pay the Amount Required to Cure together with payments which may subsequently become due, on or before the Cure Date listed below. Amount Required to Cure the Default As of the date of this letter, the total amount due and required to cure the default on your loan is $16,326.05 (Amount Required to Cure) as itemized below: LR062 2207 00231536000214010200 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021 Itemization of Amount Required to Cure Cure Date: October 14, 2020 Payment due for February 1, 2018 $15,955.87 Total amount due includes Escrow Payments (Taxes/Insurance) of $93.60 Accrued Late Charges $17.68 Advances made on Customer’s behalf $352.50 Escrow advance balance (Deficit) $0.00 Total Amount Outstanding $16,326.05 Unapplied balance $0.00 AMOUNT REQUIRED AS OF September 11, 2020 TO CURE THE DEFAULT $16,326.05 Additional payments may become due between the date of this letter and the Cure Date. If you wish to cure the default after those payments become due, they should be added to the Amount Required to Cure. You have thirty (30) days from the date of this notice to pay the Amount Required to Cure. This Cure Date is October 14, 2020. Fees and other charges may continue to be assessed to your account after the date of this letter pursuant to the terms of the Security Instrument. In addition, there may be other fees, escrow advances or corporate advances that SPS paid on your behalf or advanced to your account not itemized in this letter. While these amounts are not required to cure the payment default, you still owe these amounts. To obtain the amount required to bring the loan current, please contact SPS at our toll free number 800-635-9698. SPS is not waiving its right to demand that you pay these amounts at a later date. SPS reserves the right to accept one or more payments for less than the Amount Required to Cure, and such acceptance shall not be deemed a waiver of any of its rights under the Security Instrument. This means, for example, if you send us a payment for less than the Amount Required to Cure, we can apply this payment to the amount due and owing, and because the payment did not cure the default, continue the process towards foreclosure. Please be advised that our acceptance of any such partial payment does not prejudice our right to refuse such payment or partial payment in the future. Possible Consequences of Default Failure to cure the default on or before October 14, 2020 may result in acceleration of the sums secured by the Security Instrument and sale of the property, unless a loss mitigation alternative to foreclosure has been started. In other words, SPS may initiate foreclosure and require immediate payment in full of the entire outstanding unpaid amount on the account. If that happens, you may lose your home. A foreclosure will result in the involuntary loss of the property via sale to the lender or another person may acquire the property by means of foreclosure and sale, and you may be evicted. Once foreclosure is initiated, additional amounts for legal fees and costs may be incurred. These sums can be significant. They may be added to amounts secured by the Security Instrument, and they may be required to be paid, to the extent permitted by law, if you wish to reinstate or satisfy the loan after foreclosure is initiated. You have the right to reinstate after acceleration. If you meet the conditions to reinstate, as provided in the Security Instrument, you may reinstate even after foreclosure has been initiated but prior to sale. This means that once you have met the conditions, the enforcement of the Security Instrument will be stopped and your Note and Security Instrument will remain, as if demand for payment in full had not been made. You will have this right at any time before the earliest of: (a) five days before sale of the property under any power of sale granted by the Security Instrument; (b) another period as applicable law might specify for the termination of your right to have enforcement of the loan stopped; or (c) a judgment has been entered enforcing your Security Instrument. SPS requires that you pay reinstatement amounts in certified funds. Certified funds include a bank wire, cashier’s bank check, attorney trust account check, title or escrow company check, or Western Union Quick Collect. Please contact SPS at 800-635-9698 for instructions on submitting these funds. If you reinstate, the Security Instrument shall remain fully effective as if no foreclosure action had started. LR062 2207 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021 Payment Options Please provide payments to the following address: Sent via US Mail to: Sent via overnight courier to: Select Portfolio Servicing, Inc. Select Portfolio Servicing, Inc. PO Box 65450 Salt Lake City, UT 84165-0450 Attn: Remittance Processing 3217 S. Decker Lake Dr., Salt Lake City, UT 84119 Payments may be submitted in the following forms: (a) Personal check (if foreclosure has not been initiated) (b) Money order (c) Bank wire (electronic funds transfer). Please contact SPS for the information necessary to complete a bank wire. (d) Certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. (e) Western Union Quick Collect. Reference the loan number above and deliver to Code City: Oswald, Code State: UT. In some circumstances, you may be able to submit a payment through EZ Pay by calling 800-258-8602 or visiting our website at www.spservicing.com. Please remember that EZ Pay payments clear quickly, and you must have the funds in your checking account on the day you ask us to process a payment. We will obtain your consent prior to initiating payment and will advise you of any fee for this service which may be up to $15.00. You Have Options to Avoid Foreclosure! SPS is committed to home retention and offers many customer assistance programs designed to help customers avoid foreclosure. These programs are offered at no cost to our customers and are designed to help preserve home ownership or prevent foreclosure through structured repayment plans, special payment arrangements, modifications, short settlements, and deed-in-lieu options, if you are eligible. If you would like to learn more about these programs, you should immediately contact an SPS representative at our toll-free number, 800-635-9698, or visit our website at www.spservicing.com. Our representatives are available by phone Monday through Thursday between the hours of 8 a.m. and 11 p.m., Friday from 8 a.m. to 9 p.m., and Saturday from 8 a.m. to 2 p.m., Eastern Time. If we can reach an agreement to resolve your default, we will not proceed with and/or commence foreclosure, as long as you comply with the agreement and make required payments. Counseling HUD approved home ownership counseling may be available to you. You should call 800-569-4287 or TDD 800-877-8339, or go to HUD’s website at www.hud.gov to find the HUD-approved housing counseling agency nearest you. You may be eligible for assistance from the Homeownership Preservation Foundation, which may be reached at the Homeowner’s HOPE™ Hotline at 888-995-HOPE™ (888-995-4673) or at their website, www.995hope.org, or you may seek help from another non-profit foreclosure avoidance agency. Servicemembers Civil Relief Act (SCRA) SPS is committed to home ownership assistance for active servicemembers and veterans of the United States military. You may be entitled to certain protections under the federal Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) regarding your interest rate and the risk of foreclosure ifyou are a servicemember or a dependent of a servicemember. Counseling for covered servicemembers is available at agencies such as Military OneSource (800-342-9647 or www.militaryonesource.mil) and Armed Forces Legal Assistance (http://legalassistance.law.af.mil). Note: your state may have more expansive eligibility criteria than below. Please contact us as soon as possible if you have any questions or believe you may be eligible. LR062 2207 00231536000214020200 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/08/2021 Eligible service may include, but is not limited to: • Regular members of the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard), or • Reserve and National Guard personnel who have been activated and are on Federal active duty, or • National Guard personnel under a call or order to active duty for more than 30 consecutive days under section 502(f) of title32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds, or • Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration, or • Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. Please send written notice of military service as soon as possible to: Select Portfolio Servicing, Inc. PO Box 65250 Salt Lake City, UT 84165-0250 If you have questions regarding eligibility and application requirements, please call us at 800-258-8602. Your Rights If you wish to dispute your delinquency or Amount Required to Cure the Default, you may do so by providing a written dispute to SPS at the following address: Select Portfolio Servicing, Inc. PO Box 65277 Salt Lake City, UT 84165-0277 You may call SPS at our toll free number 800-258-8602 to discuss your dispute. However, to protect your rights under federal law, you will need to provide written notice to SPS if you believe that your dispute is unresolved. You have the right in any lawsuit for foreclosure and sale to argue that you did keep your promises and agreements under the Note and Security Instrument, and to present any other defenses that you may have. You have options to avoid foreclosure. THE TIME TO ACT IS NOW. Please call us at 800-635-9698. Sincerely, Select Portfolio Servicing, Inc. Esta carta contiene información importante concerniente a sus derechos. Por favor, traduzca esta carta. Nuestros representantes bilingües están a su disposición para contestar cualquier pregunta. Llamenos al numero 800-831-0118 y seleccione/marque la opción 2. This communication from a debt collector is an attempt to collect a debt and any information obtained will be used for that purpose. New York City - Collection Agency License # 1170514 LR062 2207