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  • Reverse Mortgage Funding Llc v. Helen J Bell, United States Of America, Secretary Of Housing And Urban Real Property - Mortgage Foreclosure - Residential document preview
  • Reverse Mortgage Funding Llc v. Helen J Bell, United States Of America, Secretary Of Housing And Urban Real Property - Mortgage Foreclosure - Residential document preview
  • Reverse Mortgage Funding Llc v. Helen J Bell, United States Of America, Secretary Of Housing And Urban Real Property - Mortgage Foreclosure - Residential document preview
  • Reverse Mortgage Funding Llc v. Helen J Bell, United States Of America, Secretary Of Housing And Urban Real Property - Mortgage Foreclosure - Residential document preview
  • Reverse Mortgage Funding Llc v. Helen J Bell, United States Of America, Secretary Of Housing And Urban Real Property - Mortgage Foreclosure - Residential document preview
  • Reverse Mortgage Funding Llc v. Helen J Bell, United States Of America, Secretary Of Housing And Urban Real Property - Mortgage Foreclosure - Residential document preview
  • Reverse Mortgage Funding Llc v. Helen J Bell, United States Of America, Secretary Of Housing And Urban Real Property - Mortgage Foreclosure - Residential document preview
  • Reverse Mortgage Funding Llc v. Helen J Bell, United States Of America, Secretary Of Housing And Urban Real Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 EXHIBIT L FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA PLAINTIFF'S REVERSE MORTGAGE FUNDING LLC, AFFIDAVIT OF MERIT AND AMOUNTS DUE Plaintiff, Index No. EK12017001667 -against- Property Addmss: HELEN J. BELL AKA HELEN J. MARSH: UNITED 113 HOWARD STREET STATES OF AMERICA ACTING ON BEHALF OF NY 14063 FREDONIA, THE SECRETARY OF HOUSING AND URBAN #1" DEVELOPMENT; "JOHN DOE through "JOHN #10," DOE said names being fictitiousand unknown to plaintig intended to be possible tenants or occupants of the premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises, Defendants. STATE OF TEXAS ) ) ss.: COUNTY OF Travis ) Caryn Edwards BEFORE ME this day personally appeared (Af lant),who, firstbeing duly sworn deposes on personal knowledge and says: 1. I am an Assistnut Settery for Compu-Link d/b/a Corporation, Celink as Attorney-In Fact for REVERSE MORTGAGE FUNDING LLC ("Celink"), the mortgage" servicer of the "reverse loan for Plaintiff. As such, I am authorized to make this certification. . 2. In the regular performance of my job functions, I am familiar with business records maintained by Celink, for the purpose of servicing mortgage loans. These records (which include data compilations, electronically imaged documents, and other records) are made El11|lg1111511115A11 A EllglligglilllAllgAIR1Ill EllililllMERRENA 20-003015 -KoR FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 near the time of the transaction or occurrence by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are created and maintained in the ordinary course of business activity conducted regularly by Celink. It isthe regular practice of Celink to make these records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by personally examining these business records. "Borrower" 3. HELEN J. BELL, executed a note ("Note") and a Loan Agreement (the"Loan Agreement"), both dated October 10, 2013, in favor of M&T BANK setting forth the terms and conditions of the reverse mortgage loan. The Note and Loan Agreement are secured by a reverse mortgage ("Mortgage") dated October 10, 2013 executed by HELEN J. BELL, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR M&T BANK. The Loan Agreement, together with the Note and Mortgage are collectively Documents." referred to hereinafter as the "Loan A copy of the Loan Documents are annexed hereto as Exhibit "A". 4. The Mortgage was recorded on October 22, 2013 at Instrument MT2013005081, in the Office of the Clerk of the County of Chautauqua, State of New York. The Mortgage was assigned to Plaintiff by an Assignment of Mortgage dated January 29, 2016 and recorded on February 3, 2016 in Instrument MT2016001286. A copy of the Assignment of Mortgage is annexed hereto as Exhibit "B". 5. Plaintiff is the holder of the aforesaid note prior to the commencement of this action and Plaintiff continues to hold the original Note, given by HELEN J. BELL to secure a mortgage up to a maximum principal amount of $150,000.00 against real property commonly known as 113 HOWARD STREET, FREDONIA, NY 14063. 20-003015 - KoR FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 6. There is,in fact, a default under the terms and conditions of the Loan Documents. Borrower failed to perform an obligation under the terms of the loan by failing to maintain taxes and/or insurance on the subject property. The Secretary of Housing and Urban Development approved thisoccurrence as grounds for acceleration of the debt on or about June 20, 2017. The default has not been cured. 7. I am personally familiar with Celink's standard mailing practices and procedures. Pursuant to Celink's standard mailing practices, notices of default are posted, addressed, and delivered to the exclusive care of the United States Postal Service in a postage paid, properly addressed envelope on the date of the notice. Celink does not upload copies of it'snotices of default into it's imaging system until they are mailed. A printout of Celink's electronic record confrming the mailing and a copy of the notice of default are attached hereto as Exhibit "C". Based upon Celink's standard mailing practices, as well as, my review of the notice of default, I can confirm that the notice of default dated June 27, 2017 and attached hereto were sent to HELEN J.BELL at 113 HOWARD STREET, FREDONIA, NY 14063 by certified mail on that date. 8. Plaintiffwas not required to send a 90-day notice because the loan is secured by a reverse mortgage and thisaction was commenced prior to May 12, 2018. 9. I have examined the records of Celink, concerning the Loan Documents and Ifind from said records that there is due to the Plaintiff in this cause the sum as set forth on the Schedule annexed hereto, together with interestto grow due thereon. 10. In a reverse mortgage, allamounts advanced are added to the loan balance per the terms of the Loan Documents. As such, the loan balance continues to grow even ifthe borrower never takes cash advances after the loan closes, or halts taking cash advances. This is due to 20-003015 - KoR FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 compounding interest,mortgage insurance premiums, fees and advances that are added to the loan balance each month. 11. At the time the action was commenced, the amount due was $95,261,93. 12. As a resultof the default, the amount due upon the Note and Mortgage, as shown by Celink's business records, a true and correct copy of which are attached hereto as Exhibit "D", as of November 3, 2022, is asfollows: Principal Balance $70,177.23 Accrued Interest to November 3, 2022 $26,389.88 Mortgage Insurance Premiums (MIP) $12,189.49 Service Fees $0.00 Taxes $19,000.89 Insurance $0.00 Appraisals $760.00 Inspections $1,040.00 [Remainder of Page Intentionally Blank] 20-003015 - KoR FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 TOTAL $129,557.49 Subscribed 20___. and sworn to under the penalty of perjury this _ day of NOV O4 2012 , Compu-Link Corporation, d/b/a Celink as Attorney-In Fact for SE MO GAGE FUNDING LLC Date: NOV O4 2022 Caryn Edwards Name: Title: TO BE COMPLETED IF EXECUTING OUTSIDE OF NEW YORK STATE STATE OF TEXAS ) ) ss.: COUNTY OF TRAVIS ) On the of NOV 6 4 203 in the year before the a day me, undersigned, Public in and for said State, appeared Caryn Edwards Notary personally personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the . individual(s) acted, executed the instrument. Public SUE BENITE2 Notary 4 A 1 . # 2 9 1s __ _NotaryPublic, State of Texas Comm. Expires10-14-2025 NoteryID 133391667 commission expires 0CT 14 2025 My 20-003015- KoR FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 ADdUSTABLE RATENOTE (HOMEEQUITYCONVERSION) OFNY STATE Delabor 10,2013 Pit0PERTY ADDRESS 113 hwmestreet Freclonia, NY14053 Chamanga COUNTY 1. DESINfrlONs *]Iormwe1* mxanx cash passan m0mendof isNonL"Leader sigpdug manus M&YEpukund[asugsggsess 444 "Semmry" assicia meses ofHoming theScemlary andUrban Develognosis orMsorla aughmhadsprassawives. PROMISE10 2. BORROWER'S DiTEREST PAYt Insegurn Ibramenets toheadvanced byLeader sptoanumiman principal amount ofOnelitmdred PtftyThessand sadnasso B.1he911L semeste.os),to erhr she benent ersenomer mater theiernsataname conversion equigy Loan Agreement dmed (A 2M3CLom Outsber Banawer Ap"creeng"L gumabes topqytoabe arder ofI.emier a principalequal annam mthesonatanLamAdanets made under dreLoan Apeemen wthhaeresL AAannxres edvanced plusinterent, byLendar. 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MANMER OFPAYMENY (A)Tiane Bommer paysil"=dh- shall andmeerned princip"l set4derupon inscrest steelpr ofarunice byLanderrequiting fimmedieseInra.aspresided payment 7atdisNess inemasseti (B)Phee Paymem liemada shnG agOma Fbnatala 1lhFiner, PIsah lW 14203 ButAdo, oranysuch other p1mee asLender may designage bymoticeto Inwritlag IIersewer. (cp a-me-aof*wasw have shnu Barrower mpemenul linulkyarpaymem ordicdebtLeadershnE calbrsc dedebt onlyIbrough sale ofne esvored Propony Ine==== bytheSacmby if CPmpanyl h "Mynag bNege mdiesecremy. 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ThetasmsusewiBnmrbemore SunAvegercentage pets(5386) Ngher ortower man intereungestated sefaitlet it Parapupb 2ofthisNoge. Famme 8½Fnea.he. es FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/06/2022 _y_ Theinterest Menthly: rate ellinever kicrease above 12A23%. ofChongts (E)Notice Leader watgive mailce toBanour change orumy inic.The intheimpcg( nonce mius arhast25days begiven hmform z newinterest t etE bEL ralp Red 180s1 setferth 0)Ahe date oftheantice, (iii)theoklinterest (ii)theCharge Date. sale. {ly)thenewinteggss andmeinge (s)dieCurscar agic, Index itwas (v4themethod published. ofcalculanks theaditisted haerest and ane,(vil)anyother imibunstion wideh may lay1ar leresping lethne. Itemtigie (F)EHHtheDate sIClemps Amew esW"¹"8 indegest rage inaccordnece wish Paragraphs and5(D)ofmisNotewillbecoine 5(C) etractive enthe Chmign enker UsML theChisge Dme alian occing less 25days afterlander has given Gareupdred motice. 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IMMEDIATB PAYMENT INFULL W DesRIorsela Leader stayNd|mira immullala paymAUE agonial Inlb5orall===11""pilnerpal end InteNst ll (0 ABommer dies and thepaperty bnea theprfacipal