On July 06, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
Nationstar Mortgage Llc D B A Champion Mortgage Company,
and
Drew Doe,
Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,,
Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown
Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,,
Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin, Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff,
Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin,
Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff,
New York State Department Of Taxation And Finance,
Secretary Of Housing And Urban Development,
United States Of America,
Us Trust Company Of New York Corp. As Trustee Under The Pooling And Servicing Agreement Dated As Of 4 1 85 N K A Us Trust Corp.,
for Foreclosure (residential mortgage)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
IFILED : QUEENS COUNTY CLERK 07 /06 /2015 03 : 18 PM1 INDEX NO. 707021/201$
NYSCEF DOC. NO. 1 RECEIVED NYSCEF. 07/06/2015
SUPREME COURT OF THE STATE OFNEW YORK INDEX NO.
COUNTY OF QUEENS
NATIONSTAR MORTGAGE LLC D/B/A CHAMP[ON
MORTGAGE COMPANY,
Date of Filing: 07/06/2015
PlaintitTdesignates QUEENS as the place of
Plaintiff, trial situs of the real property
vs.
SUMMONS
THE ESTATE OF WAVENEY HARTE; SECRETARY
OF HOUSING AND URBAN DEVELOPMENT;
UNITED STATES OF AMERICA; NEW YORK
STATE DEPARTMENT OF TAXATION AND
FINANCE; US TRUST COMPANY OF NEW YORK
CORP. AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF 4/l/85
N/K/A US TRUST CORP.,
"JOHN DOE #l" through "JOHN DOE #12," the last
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
having or
occupants, personsar corporations, ifany,
claiming an interest in or lien upon the premises,
described in the complaint,
Defendants.
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your ansper, or, if the complaint is not served with this suntmons, to serve a notice of appearanceon the
20 days after the service of this summons, exclusive of the day of service (or
within
Plaintiff's Attorney
the
within 30 days after the service is complete if this summons is not personally delivered to you within
State of New
York) is made a party defendant, the time to
in the event the United States of America
answer forthe said United America
States of shallnot expire
until(60)days after the
service of
be taken against you by default
Summons; and in case of your failure to appear or ariswer, judgment will
for the relief demanded in the complaint.
MIIH||i|""
||||:|;;illill
IIIIIIIIIIE!!!I!! iiiniliiiiill
IIIIII!!!!!!!!!!!|IllilllllHill
15-021547-jg Drafter:JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
Ifyou do not respondto this
summons and wüipidiidby servinga copy ofthe answeron the
attorneyfor the mortgage
company who filed.this
foredosure against you and filing
proceeding the
answer with a default
the court, judgmen± may be entered and you can lose your
home.
or go to the court where your case is pending for
Speak to an attorney furtherinformatior.
on how
to answer the -....-...
and protect your
property.
not stop the f=dc=e
Sending a payment to the mortgage company will 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: JUL c2 2015
RAS Boriskin,
LLC
Attorney for Plaintiff
BY: 3 Å
] ANTHONŸ UE LOCC1, ESQ.
ISA SOAVE, ESQ.
[ ] SARA BORISKIN, ESQ.
[ ] THOMAS 2EGARELL1, ESQ.
900 Merchants Concourse, Suite LL-5
Westbury, NY11590
(516) 280-7675
15-021547- jg Drafter:JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
SUPREMECOURTOFTHESTATEOFNEW YORK
cOUNTY OF QUEENS 707021/2015
INDEX NO.
NATIONSTAR MORŸdAGE LLC D/B/ACHAMPION
Date of Filing: 07/0E
MORTGAGE COMPANY,
COMPLAINT
PlaintifY,
vs.
THE ESTATE OF WAVENEY HARTE; SECRETARY
OF HOUSING AND URBAN DEVELOPMENT;
UNITED STATES OF.AMERICA; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE; US
TRUST COMPANY OF NEW YORK CORP. AS
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF 4/l/85
N/K/A US TRUST
CORP.,
"JOHN DOE #l" through "JOHN DOE #12," the last
twelve names being fictitious
and unknown to
the personsor parties intended being the
plaintiff,
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
The cornplaint of the above-named plaintiff, LLC, its attorneys, alleges upon
by RAS Boriskin,
infannation
and beliefas follows:
AS AND FOR A FIRST CAUSE OF ACTION
l. is organized under the laws of the United States of America or its stateof fonnation.
Plaintiff
2. HARTE duly executed and delivered a note whereby
On January 26, 2012, WAVENEY
WAVENEY HARTE promised to pay the sum of 5562,500.00 plus interest as set forth in said note.
3. Plaintiff, laws in an attempt to
directly or through an agent has complied with all -pp!ipabb
establish ownership and/or possessionof the subject note and the right to foredosure of same. Plaintiff
has possessionand control of said note, which note is secured by the mortgage identified below, and the
To the extent that that the original note
said note is either made payable to Plaintiff or is duly indorsed.
11111111)i!!!!!!!!E;iiEiD1111111Hll Ild!!!!!!!!!!!!!!llslillillilliillilliiilliill
Illiiillii|!!!!%ieidlN
I S-021547- jg Draner:JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
or interim assignments of mortgage are lost or inia alia'uic, Plaintiff
has the right to foreclose the subject
note and mortgage pursuant to New York
law.
4. That to secure the payment of the sum --p
=re by said note, WAVENEYHARTE, duly
executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly
paid:
Recording Date: June 27, 2012
County:QUEENS
CRFN 2012000253960
Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the
of the complaint.
filing
5 Said mortgage secured the real property known as 139-16 230TH PLACE, LAURELTON,
NEW
Y ORK I14L1 and by Block
13185, Lot 45 together with all fixtures and articles.of personal property
annexed to, installed in, or used in connection with the :::crtg::ged premises, all as is more fully set forth
A copy of the legal description is set forth on Schedule A annexed
in said modgage.
6. is the owner and holder of said note and mortgage or has beendelegated the authority to
Plaintiff
institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
7. WAVENEY HARTE also executed and delivered to plaintiff
a Home Equity Conversion Loan
Agreement, which required plaintiff
to pay the sums secured by the mortgage to the borrower monthly
Said agr-ement provides that the
one sum at the time the loan doeuments were executed.
instead ofin
loan is due upon the borrower's death.
8, Plaintiff precedent contained in the mortgage, if any, including
has complied with all cond‰n:
but not limited to, sending a notice to cure default to the mortgagors as set forth in the mortgage.
9. declares the full amount payable under the note and mortgage to be now due, pursuant to
Plaintiff
Paragraph9 of the subject mortgage, which states:
Grounds for Acceleration
of Debt.
(a) Due and Payable.Lender may require immed!±te payment in full of
all sumssecured by this Security ktreet
if:
(1) A Borrower dies and the Property is not the principa1residence
I5-02t S47-jg Draficr: JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
of at least one surviving Borrower; or
(ii) All of a Borrower's title in the Property (or his or her beneficial
interest In a trust owning all or part of the Property) is sold or otherwise
tr::=ferred
and no other Borrower retains (a) title to the Property in fee
simple, (b) a leasehold under a lease for not less than 99 years which is
renewable or a leasehaving a remaining period of nót lessthan 50 years
beyond the date of the 100th birthday of the youngest Borrower, or (c) a
hife estatein the Property (or a beneficial interest in a trust with s'uchan
interest in the Property).
(b) Due and Payable with
Secretary Approval.
Lender may require
immediate payment-in full of all sums secured by this Security Instmment, upon
approval by an authorized representativeof the Secretary, if:
(1) The Property ceasesto be the principal residenceofa
Borrower
for reasorisother than death and the Property is not the principal
residence of at teastone other Borrower; or
(ii) For a period of longer than twelve (12) consecutive months, a
Borrower fails to physically occupy the Property becauseof physical or
mental i]]ness and the Property is not the principal residenceof at least
one other Borrower; or
(iii) An obligation of the Borrower under the Security |s:¤nst
is
not performed.
10. WAVENEY HARTE died on January 19, 2015.
11. Defendants have failed to comply with the terms and provisions of the said mortgage and said
instrüscat
secured by said mortgage, by failing and omitting to pay the balance due and owing upon the
mortgagor's death.
12. The default has continued beyond the app!ieb!e
grace period set forth in the mortgage, and by
has elected and hereby elects to declare immediate!y due and payable the entire
reasonthereof, plaintiff
unpaid balance of principal.
13. As of April
30, 2015 there is due and owing to the plaintiff,
the total sum of $295,l51.72.
shall not be deemedto have waived, altered, releasedor changedthe election
14. That plaintiff
hercir.bcfore made by reasonof the payment after the date of the commencement of this action, of any or
an of the defaults mentioned herein; and such election shall continue and remain effective until the costs
and disbursements of this action, and.any and all future defaults under the aforesaid bond or note and
action are fully
mortgage, and occurring prior to the disec;2nusece ofthis paid.
15-021547- jg Drafter:JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
15, That to protect its security afforded by said bond or note and mortgage, it may be necessary for
.- the plaintiff
to pay taxes, assessmentsand water rates which are, or may become liens on the Inortgaged
prem ises, and any other charges for the protection of the premises, and plaintiff
hereby demands that any
amounts which may be so expended shaft be added to the amountof
the principal sum secured by said
bond or note and mortgage, together with interest from the time of any such payment, and that the same
be paid to the plaintiff
from the proceeds of the foreclosure safe herein.
16. That the plaintiff
alleges that no other proceedings have been had for the recovery of the
ntortgage indebtednessor if any such action is pending, a final judgment was not rendered in favor of
Plaintiff and such action is intended to be discontinued.
further alleges that all the deferidards have, or may claim to have, some interest in,
I7. That plaintiff
or lien upon the ;ncrigaged premises, or some part thereof, which interest or lien, if any, is subject and
subordinate to the Henof the mortgage being foreclosed.
I8.The description of cach of the named party defendants interest is set out on Schedule ' B" annexed.
19. The interest or lien of eachof the named party defendants, if any, is set forth in Schedule "C"
annexed.
20. The terms of said mortgage provide that defendants shall be liable to plaintiff
for reasonable
attorneys' fees
incurred by plaintiff security interest in the premises.
to protect or enforce plaintiffs
21. That the sale of the mangaged premises and title thereto are subject to the state of facts an
show; all covenants, restrictions, easements,agreementsand reservations, if any, of
accurate survey will
restrictions and
record, anc|to any and all violations thereof; any and all building and zoning ag;±±=,
in which said premises are situated, and to any violations of the same,
ordinances of the municipality
of lot lines, and vault charges, if any; any and all orders or
including, but not limited to, re:;;:±::r=±
against or affecting said premisesand
mayiramcMs issued by any governmental body having jurisdiction
any violation of the same; the physical condition of any building or structure on the premises as of the
date of closing hereunder; rights of tenants in pc3scssian, if any; prior mc-tpges
and judgments, if any,
rights of any defendants
now liens of record; right of Redemption of United States of America, if any;
pursuant to CPLR Section 3 17, CPLR Section2003 and CPLR Section 5015, if any; any and all·
15-D21547.jg Orafter:JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
Hazardous Materials in the premises including, but not lintited to, flamntable explosives, radioactive
materials, hazerdens wastes, asbestosor any material comWng
asbestos,and toxic substances; and other
conditions as set forth in the terms of sale more particularly
to be announced at the sale.
AS AND FOR A SECOND CAUSE OF ACTION
22.Plaintiff
repeatsand re-ailegeseach and every allegation in paragraphs I through 2 I.
23. This action is brought pursuant to Article
15 of the New York State Real Property Actions and
Proceedings Law to bar defendant US TRUST COMPANY
OF NEW YORK CORP. AS TRUSTEE
UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/85N/K/A US TRUST
CORP. ("US TRUST COMPANY OF NEW YORK CORP."), from any right, title, or interest in and to
NEW YORK
the premises located at 139-16 230TH PLACE, LAURELTON, 1I413 known as Block
13l85, Lot 45.
24, Plaintiff
is the holder of the subject note and mortgage referenced in pegmphs
2 and 4 above.
25.Upon review of a forectosure search it was determined that the following
defendant has an
interest or claim in the real property which cannot be ednguished
in the fuccc|ume
action: US TRUST
COMPANY OF NEW YORK CORP.
26. US TRUST COMPANY OF NEW YORK CORP. is named a party defendant by virtue of the
fact that it holds a prior mortgage which is adverse to Plaintiff's
interest and which remains open of
record as follows:
Dated: August 14, 1973
Recording Date: August 24, 1973
Reel 696 at Page IOl4
County of QUEENS
In the Amount of $32,500.00
and belief, all of the defendank are known, and none of them are infants,
27. Upon information
mentally retarded, mentally ill or alcohol abusers.
28. Upon information and belief, there are no persons not in being or ascertainedat the
commencement of this action who by any cGadngency contained in a devise or otherwise, could
l5-021547 - jg . Drafter:JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
afterward become entitled to a beneficial estateor interest in the property involved in this action, and any
judgment rendered herein will
not and may not affect any such person not in being or not ascertainedat
the time of the commencement of the action.
29. The senior mortgage of Defendant US TRUST COMPANY
OF NEW YORK CORP., appearsto
be prior and adverse to.the mortgage being foreclosed and is subject to be declared invaHd and
extinguished pursuant to Article
15oftheReal Property Actions and Proceedings Law.
hereby requeststhat the Judgment of Foreclosure and Saie state the following:
30. Plaintiff
ORDERED, AD UDGED and DECREED that the mortgage which appearsto be prior and adverse to the
mortgage being foreclosed, namely the senior mortgage of Defendant US TRUST COMPANY
OF NEW
YORK CORP. is hereby declared invalid and extinguished pursuant to RPAPL Article
1S; and it is further
ORDERED, A DJUDGED and DECREED that Defendant US TRUST COMPANY OF NEW YORK
CORP. and all persons or entities claiming by, through or under them, be and are herc.byforever barred
in and to said mongagat
and foreclosed of and from all right, claim, lien, interest or equity of n;deiiig;üa
premises; and it is further
ORDERED, A DJUDGED AND DECREED, that the record be reformed to reflect that the prior
mortgage of befendent US TRUST COMPANYOF NEW YORK CORP. is invalid and ex;;iii;hed.
AS AND FOR A THIRD CAUSE OF ACTION
3 l. repeatsand re-alleges the allegations contained in Paragraph 1 through 30 as though
Plaintiff
set forth herein.
fully
32. Upon !:±::::!--
and belief, more than 90 days have passedsince the US TRUST COMPANY
. OF NEW YORK CORP., loan was satisned.
33. The public record renects that a certificate of discharge or satisfaction of mortgage was not
presentedto the County Clerk within ninety (90) days of satisfyi
the mortgage.
is entitled to $1,500.00 per defendant, per non-satisñed prior mortgage as to
34. Therefore, Plaintiff
US fRUST COMPANY OF NEW YORK CORP. for their failure and delay in recording a discharge or
satisfaction of mortgage.
15-021547-jg Drafter:JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
WHEREFORE, plaintiff
demandsjudgment against the defendants as follows:
On its first cause of action,
A. The defendants and each of them, and all persons claiming under them, or any of them
subsequentto the commencement of this action and the filing
of the Notice of Pendencythereof,
may be barred and foreclosed of all right, title, claim, tien and equity of -edempdor. in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey will
show; all covenants, restrictions, easements,e¼reementsand reservations, if any, of record, and
to any and all violations thereof; any and all building and zoning regulations, restrictions and
ordinances of the municipality
in which said premises are situated, and to any violations of the
of lot lines, and vault charges, ifany;
same, including, but not limited to, re:;;±cment any
and all orders or requirements issued by any governmental body havingjurisdiction
against or
building or
affecting said premises and any violation of the same; the physical condition ofany
structure on the premises as of the date of closing hereunder; rights of tenants in possession, if
right of Redemption of United
now liens ofrecord;
any; prior mortgages and judgments, ifany,
rights of any defendants pursuant to CPLR Section 317, CPLR Section
Statesof America, if any;
2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including,
but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestosor any
material containing asbestos,and toxic substances; and other conditions as set forth in the terms
I
of sale more particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law stibject to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
E. may be paid the amount due on said note and mortgage as alleged herein,
Plaintiff
together with interest to the time of such payment, together with the sums expended by plaintiff
prior to and during the pendency of this action, and for thirty days after any sale.demandedhereli
for taxes, waterrates, sewer rents, assessments,insurance premiums and other necessaryand
essential chargesor expensesin connection therewith to protect the mortgage lien, plus any sums
expended for the mtectica
or preservation of the property covered by said mortgage and note,
and the amount securedthereby, with interest thereon from the time of such payment and the
attorneys' fees so far as the amount of
costs and expensesof this action including reasonable
such monies properly applicabic thereto will
pay the same;
15-021547-jg Drafter:JenniferGafczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018
F. . The plaintiff
be decreedto be the owner of any and all personal property used in
connection with the said mortgaged premises;
G. awarding the relief requestedin the additional causesof action stated in the complaint, if
any;
On its second cause of action,
that Defendant US TRUST COMPANY OF NEW YORK CORP. AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/85
N/K/A US TRUST
CORP.'s interest in the mortgaged premises, and all personsor entities claiming by, through or
OF NEW
under them, be declared invalid and extinguished, and that US TRUST COMPANY
YORK CORP. AS TRU$TEE UNDER THE POOLING AND SERVICING AGREEMENT
DATED AS OF 4/l/85N/K/AUS TRUST CORP. and all persons or entities claiming by through
or under them, be barred and foreclosed of and from all right, claim, lien, interest or equity of
redemption in and to said mortgaged premises and that the plaintitT be granted reformation of the
record to reflect said prior mortgages being extinguished; and
On its third cause of action,
plaintiff
demandsjudgment in the amount ofSl,500.00
per defendant, per non-satisfied prior
mortgage against Defendant US TRUST COMPANY
OF NEW YORK CORP. AS TRUSTEE
UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/8$N/K/A US
TRUST CORP. pursuant to RPL 275; and that plaintiff
have such other and further reliefor
both,
in the premises as shall bejust and equitable
RAS floriskin,
LLC
Attornefor Plaintiff
BY
[ ] ANTHONÝ CELLUCC), ESQ.
WISA SOAVE, ESQ.
[ ] SARA DOR[SKIN, ESQ.
[ ] THOMAS ZEGARELLI, ESQ.
900 Merchants Concourse, Suite LL-5
Westbury, NYl 1590
(5 l6) 280-7675
15-021547- jg Drafter:JenniferGalczynski
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 88 RECEIVEDINDEX NYSCEF:
NO. 707021/2015
09/07/2018
FILED : QUEENS COUNTY CLERK 11/18/2016 04:46 PN)
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/15/2016
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 707021/2015
COUNTY OF QUEENS
NATIONSTAR MORTGAGE LLC D/B/A CHAMPION
MORTGAGE COMPANY,
Plaintiff designates QUEENS as the place of
Plaintiff, trialsitus of the realproperty
vs.
SUPPLEMENTAL SUMMONS
HELENA HARTE, AS HEIR AND DISTRIBUTEE TO
THE ESTATE OF WAVENEY HARTE, any and all persons Mortgaged Premises:
unknown to plaintiff, c!eming, or who may claim to have an 139-16 230TH PLACE LAURELTON, NY
interest in,or general or specific lien upon the real property 11413
described in this action; such unknown persons being herein
generally described and intended to be included in the Block: 13185 Lot: 45
following designation, namely: the wife, widow, husband,
widower, heirs at law, next of kin, descendants, executors,
administrator
Preview
FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 IFILED : QUEENS COUNTY CLERK 07 /06 /2015 03 : 18 PM1 INDEX NO. 707021/201$ NYSCEF DOC. NO. 1 RECEIVED NYSCEF. 07/06/2015 SUPREME COURT OF THE STATE OFNEW YORK INDEX NO. COUNTY OF QUEENS NATIONSTAR MORTGAGE LLC D/B/A CHAMP[ON MORTGAGE COMPANY, Date of Filing: 07/06/2015 PlaintitTdesignates QUEENS as the place of Plaintiff, trial situs of the real property vs. SUMMONS THE ESTATE OF WAVENEY HARTE; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNITED STATES OF AMERICA; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; US TRUST COMPANY OF NEW YORK CORP. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/85 N/K/A US TRUST CORP., "JOHN DOE #l" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, having or occupants, personsar corporations, ifany, claiming an interest in or lien upon the premises, described in the complaint, Defendants. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your ansper, or, if the complaint is not served with this suntmons, to serve a notice of appearanceon the 20 days after the service of this summons, exclusive of the day of service (or within Plaintiff's Attorney the within 30 days after the service is complete if this summons is not personally delivered to you within State of New York) is made a party defendant, the time to in the event the United States of America answer forthe said United America States of shallnot expire until(60)days after the service of be taken against you by default Summons; and in case of your failure to appear or ariswer, judgment will for the relief demanded in the complaint. MIIH||i|"" ||||:|;;illill IIIIIIIIIIE!!!I!! iiiniliiiiill IIIIII!!!!!!!!!!!|IllilllllHill 15-021547-jg Drafter:JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME Ifyou do not respondto this summons and wüipidiidby servinga copy ofthe answeron the attorneyfor the mortgage company who filed.this foredosure against you and filing proceeding the answer with a default the court, judgmen± may be entered and you can lose your home. or go to the court where your case is pending for Speak to an attorney furtherinformatior. on how to answer the -....-... and protect your property. not stop the f=dc=e Sending a payment to the mortgage company will 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: JUL c2 2015 RAS Boriskin, LLC Attorney for Plaintiff BY: 3 Å ] ANTHONŸ UE LOCC1, ESQ. ISA SOAVE, ESQ. [ ] SARA BORISKIN, ESQ. [ ] THOMAS 2EGARELL1, ESQ. 900 Merchants Concourse, Suite LL-5 Westbury, NY11590 (516) 280-7675 15-021547- jg Drafter:JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 SUPREMECOURTOFTHESTATEOFNEW YORK cOUNTY OF QUEENS 707021/2015 INDEX NO. NATIONSTAR MORŸdAGE LLC D/B/ACHAMPION Date of Filing: 07/0E MORTGAGE COMPANY, COMPLAINT PlaintifY, vs. THE ESTATE OF WAVENEY HARTE; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNITED STATES OF.AMERICA; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; US TRUST COMPANY OF NEW YORK CORP. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/85 N/K/A US TRUST CORP., "JOHN DOE #l" through "JOHN DOE #12," the last twelve names being fictitious and unknown to the personsor parties intended being the plaintiff, tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. The cornplaint of the above-named plaintiff, LLC, its attorneys, alleges upon by RAS Boriskin, infannation and beliefas follows: AS AND FOR A FIRST CAUSE OF ACTION l. is organized under the laws of the United States of America or its stateof fonnation. Plaintiff 2. HARTE duly executed and delivered a note whereby On January 26, 2012, WAVENEY WAVENEY HARTE promised to pay the sum of 5562,500.00 plus interest as set forth in said note. 3. Plaintiff, laws in an attempt to directly or through an agent has complied with all -pp!ipabb establish ownership and/or possessionof the subject note and the right to foredosure of same. Plaintiff has possessionand control of said note, which note is secured by the mortgage identified below, and the To the extent that that the original note said note is either made payable to Plaintiff or is duly indorsed. 11111111)i!!!!!!!!E;iiEiD1111111Hll Ild!!!!!!!!!!!!!!llslillillilliillilliiilliill Illiiillii|!!!!%ieidlN I S-021547- jg Draner:JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 or interim assignments of mortgage are lost or inia alia'uic, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 4. That to secure the payment of the sum --p =re by said note, WAVENEYHARTE, duly executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid: Recording Date: June 27, 2012 County:QUEENS CRFN 2012000253960 Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the of the complaint. filing 5 Said mortgage secured the real property known as 139-16 230TH PLACE, LAURELTON, NEW Y ORK I14L1 and by Block 13185, Lot 45 together with all fixtures and articles.of personal property annexed to, installed in, or used in connection with the :::crtg::ged premises, all as is more fully set forth A copy of the legal description is set forth on Schedule A annexed in said modgage. 6. is the owner and holder of said note and mortgage or has beendelegated the authority to Plaintiff institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 7. WAVENEY HARTE also executed and delivered to plaintiff a Home Equity Conversion Loan Agreement, which required plaintiff to pay the sums secured by the mortgage to the borrower monthly Said agr-ement provides that the one sum at the time the loan doeuments were executed. instead ofin loan is due upon the borrower's death. 8, Plaintiff precedent contained in the mortgage, if any, including has complied with all cond‰n: but not limited to, sending a notice to cure default to the mortgagors as set forth in the mortgage. 9. declares the full amount payable under the note and mortgage to be now due, pursuant to Plaintiff Paragraph9 of the subject mortgage, which states: Grounds for Acceleration of Debt. (a) Due and Payable.Lender may require immed!±te payment in full of all sumssecured by this Security ktreet if: (1) A Borrower dies and the Property is not the principa1residence I5-02t S47-jg Draficr: JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest In a trust owning all or part of the Property) is sold or otherwise tr::=ferred and no other Borrower retains (a) title to the Property in fee simple, (b) a leasehold under a lease for not less than 99 years which is renewable or a leasehaving a remaining period of nót lessthan 50 years beyond the date of the 100th birthday of the youngest Borrower, or (c) a hife estatein the Property (or a beneficial interest in a trust with s'uchan interest in the Property). (b) Due and Payable with Secretary Approval. Lender may require immediate payment-in full of all sums secured by this Security Instmment, upon approval by an authorized representativeof the Secretary, if: (1) The Property ceasesto be the principal residenceofa Borrower for reasorisother than death and the Property is not the principal residence of at teastone other Borrower; or (ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to physically occupy the Property becauseof physical or mental i]]ness and the Property is not the principal residenceof at least one other Borrower; or (iii) An obligation of the Borrower under the Security |s:¤nst is not performed. 10. WAVENEY HARTE died on January 19, 2015. 11. Defendants have failed to comply with the terms and provisions of the said mortgage and said instrüscat secured by said mortgage, by failing and omitting to pay the balance due and owing upon the mortgagor's death. 12. The default has continued beyond the app!ieb!e grace period set forth in the mortgage, and by has elected and hereby elects to declare immediate!y due and payable the entire reasonthereof, plaintiff unpaid balance of principal. 13. As of April 30, 2015 there is due and owing to the plaintiff, the total sum of $295,l51.72. shall not be deemedto have waived, altered, releasedor changedthe election 14. That plaintiff hercir.bcfore made by reasonof the payment after the date of the commencement of this action, of any or an of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and.any and all future defaults under the aforesaid bond or note and action are fully mortgage, and occurring prior to the disec;2nusece ofthis paid. 15-021547- jg Drafter:JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 15, That to protect its security afforded by said bond or note and mortgage, it may be necessary for .- the plaintiff to pay taxes, assessmentsand water rates which are, or may become liens on the Inortgaged prem ises, and any other charges for the protection of the premises, and plaintiff hereby demands that any amounts which may be so expended shaft be added to the amountof the principal sum secured by said bond or note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure safe herein. 16. That the plaintiff alleges that no other proceedings have been had for the recovery of the ntortgage indebtednessor if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. further alleges that all the deferidards have, or may claim to have, some interest in, I7. That plaintiff or lien upon the ;ncrigaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the Henof the mortgage being foreclosed. I8.The description of cach of the named party defendants interest is set out on Schedule ' B" annexed. 19. The interest or lien of eachof the named party defendants, if any, is set forth in Schedule "C" annexed. 20. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable attorneys' fees incurred by plaintiff security interest in the premises. to protect or enforce plaintiffs 21. That the sale of the mangaged premises and title thereto are subject to the state of facts an show; all covenants, restrictions, easements,agreementsand reservations, if any, of accurate survey will restrictions and record, anc|to any and all violations thereof; any and all building and zoning ag;±±=, in which said premises are situated, and to any violations of the same, ordinances of the municipality of lot lines, and vault charges, if any; any and all orders or including, but not limited to, re:;;:±::r=± against or affecting said premisesand mayiramcMs issued by any governmental body having jurisdiction any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in pc3scssian, if any; prior mc-tpges and judgments, if any, rights of any defendants now liens of record; right of Redemption of United States of America, if any; pursuant to CPLR Section 3 17, CPLR Section2003 and CPLR Section 5015, if any; any and all· 15-D21547.jg Orafter:JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 Hazardous Materials in the premises including, but not lintited to, flamntable explosives, radioactive materials, hazerdens wastes, asbestosor any material comWng asbestos,and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. AS AND FOR A SECOND CAUSE OF ACTION 22.Plaintiff repeatsand re-ailegeseach and every allegation in paragraphs I through 2 I. 23. This action is brought pursuant to Article 15 of the New York State Real Property Actions and Proceedings Law to bar defendant US TRUST COMPANY OF NEW YORK CORP. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/85N/K/A US TRUST CORP. ("US TRUST COMPANY OF NEW YORK CORP."), from any right, title, or interest in and to NEW YORK the premises located at 139-16 230TH PLACE, LAURELTON, 1I413 known as Block 13l85, Lot 45. 24, Plaintiff is the holder of the subject note and mortgage referenced in pegmphs 2 and 4 above. 25.Upon review of a forectosure search it was determined that the following defendant has an interest or claim in the real property which cannot be ednguished in the fuccc|ume action: US TRUST COMPANY OF NEW YORK CORP. 26. US TRUST COMPANY OF NEW YORK CORP. is named a party defendant by virtue of the fact that it holds a prior mortgage which is adverse to Plaintiff's interest and which remains open of record as follows: Dated: August 14, 1973 Recording Date: August 24, 1973 Reel 696 at Page IOl4 County of QUEENS In the Amount of $32,500.00 and belief, all of the defendank are known, and none of them are infants, 27. Upon information mentally retarded, mentally ill or alcohol abusers. 28. Upon information and belief, there are no persons not in being or ascertainedat the commencement of this action who by any cGadngency contained in a devise or otherwise, could l5-021547 - jg . Drafter:JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 afterward become entitled to a beneficial estateor interest in the property involved in this action, and any judgment rendered herein will not and may not affect any such person not in being or not ascertainedat the time of the commencement of the action. 29. The senior mortgage of Defendant US TRUST COMPANY OF NEW YORK CORP., appearsto be prior and adverse to.the mortgage being foreclosed and is subject to be declared invaHd and extinguished pursuant to Article 15oftheReal Property Actions and Proceedings Law. hereby requeststhat the Judgment of Foreclosure and Saie state the following: 30. Plaintiff ORDERED, AD UDGED and DECREED that the mortgage which appearsto be prior and adverse to the mortgage being foreclosed, namely the senior mortgage of Defendant US TRUST COMPANY OF NEW YORK CORP. is hereby declared invalid and extinguished pursuant to RPAPL Article 1S; and it is further ORDERED, A DJUDGED and DECREED that Defendant US TRUST COMPANY OF NEW YORK CORP. and all persons or entities claiming by, through or under them, be and are herc.byforever barred in and to said mongagat and foreclosed of and from all right, claim, lien, interest or equity of n;deiiig;üa premises; and it is further ORDERED, A DJUDGED AND DECREED, that the record be reformed to reflect that the prior mortgage of befendent US TRUST COMPANYOF NEW YORK CORP. is invalid and ex;;iii;hed. AS AND FOR A THIRD CAUSE OF ACTION 3 l. repeatsand re-alleges the allegations contained in Paragraph 1 through 30 as though Plaintiff set forth herein. fully 32. Upon !:±::::!-- and belief, more than 90 days have passedsince the US TRUST COMPANY . OF NEW YORK CORP., loan was satisned. 33. The public record renects that a certificate of discharge or satisfaction of mortgage was not presentedto the County Clerk within ninety (90) days of satisfyi the mortgage. is entitled to $1,500.00 per defendant, per non-satisñed prior mortgage as to 34. Therefore, Plaintiff US fRUST COMPANY OF NEW YORK CORP. for their failure and delay in recording a discharge or satisfaction of mortgage. 15-021547-jg Drafter:JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 WHEREFORE, plaintiff demandsjudgment against the defendants as follows: On its first cause of action, A. The defendants and each of them, and all persons claiming under them, or any of them subsequentto the commencement of this action and the filing of the Notice of Pendencythereof, may be barred and foreclosed of all right, title, claim, tien and equity of -edempdor. in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements,e¼reementsand reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the of lot lines, and vault charges, ifany; same, including, but not limited to, re:;;±cment any and all orders or requirements issued by any governmental body havingjurisdiction against or building or affecting said premises and any violation of the same; the physical condition ofany structure on the premises as of the date of closing hereunder; rights of tenants in possession, if right of Redemption of United now liens ofrecord; any; prior mortgages and judgments, ifany, rights of any defendants pursuant to CPLR Section 317, CPLR Section Statesof America, if any; 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestosor any material containing asbestos,and toxic substances; and other conditions as set forth in the terms I of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law stibject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; E. may be paid the amount due on said note and mortgage as alleged herein, Plaintiff together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale.demandedhereli for taxes, waterrates, sewer rents, assessments,insurance premiums and other necessaryand essential chargesor expensesin connection therewith to protect the mortgage lien, plus any sums expended for the mtectica or preservation of the property covered by said mortgage and note, and the amount securedthereby, with interest thereon from the time of such payment and the attorneys' fees so far as the amount of costs and expensesof this action including reasonable such monies properly applicabic thereto will pay the same; 15-021547-jg Drafter:JenniferGafczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 09/07/2018 F. . The plaintiff be decreedto be the owner of any and all personal property used in connection with the said mortgaged premises; G. awarding the relief requestedin the additional causesof action stated in the complaint, if any; On its second cause of action, that Defendant US TRUST COMPANY OF NEW YORK CORP. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/85 N/K/A US TRUST CORP.'s interest in the mortgaged premises, and all personsor entities claiming by, through or OF NEW under them, be declared invalid and extinguished, and that US TRUST COMPANY YORK CORP. AS TRU$TEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/85N/K/AUS TRUST CORP. and all persons or entities claiming by through or under them, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises and that the plaintitT be granted reformation of the record to reflect said prior mortgages being extinguished; and On its third cause of action, plaintiff demandsjudgment in the amount ofSl,500.00 per defendant, per non-satisfied prior mortgage against Defendant US TRUST COMPANY OF NEW YORK CORP. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/l/8$N/K/A US TRUST CORP. pursuant to RPL 275; and that plaintiff have such other and further reliefor both, in the premises as shall bejust and equitable RAS floriskin, LLC Attornefor Plaintiff BY [ ] ANTHONÝ CELLUCC), ESQ. WISA SOAVE, ESQ. [ ] SARA DOR[SKIN, ESQ. [ ] THOMAS ZEGARELLI, ESQ. 900 Merchants Concourse, Suite LL-5 Westbury, NYl 1590 (5 l6) 280-7675 15-021547- jg Drafter:JenniferGalczynski FILED: QUEENS COUNTY CLERK 09/07/2018 03:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 88 RECEIVEDINDEX NYSCEF: NO. 707021/2015 09/07/2018 FILED : QUEENS COUNTY CLERK 11/18/2016 04:46 PN) NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 11/15/2016 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 707021/2015 COUNTY OF QUEENS NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, Plaintiff designates QUEENS as the place of Plaintiff, trialsitus of the realproperty vs. SUPPLEMENTAL SUMMONS HELENA HARTE, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF WAVENEY HARTE, any and all persons Mortgaged Premises: unknown to plaintiff, c!eming, or who may claim to have an 139-16 230TH PLACE LAURELTON, NY interest in,or general or specific lien upon the real property 11413 described in this action; such unknown persons being herein generally described and intended to be included in the Block: 13185 Lot: 45 following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrator