Preview
FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022
SUPREME COURT OF THE STATE OF NEW YORK:
COlJNTY OF ULSTER
. . --....__- ___.-..
____._____....____.-.-____-...
____....x
HSBC BANK USA, N,A., AS TRUSTEE ON INDEX No.: 18 -3762
BEHALF OF ACE SECURITIES CORP. HOME DATE FILED: 10/30/2018
EQUITY LOAN TRUST AND FOR THE
REGISTERED HOLDERS OF ACE SECURITIES
CORP. HOME EQUITY LOAN TRUST, SERIES CERTIFICATE OF MERIT
2007-WM2, ASSET BACKED PASS-THROUGH PURSUANT TO CPLR 3012-b
CERTIFICATES
Plaintiff Mortgaged Premises Address:
11 Cooks Lane
-against- New York 12525
Gardiner,
HEATHER E. KILPATRICK
PAUL J. PREUSS
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS NOMINEE POR
WMC MORTGAGE CORP.
#1" #12,"
"JOHN DOE through "JOIIN DOE the
lasttwelve names being fictitiousand unknown to
plaintiff,tbc persons or partiesintended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest inor lien upon the
Subject Property described in the Complaint.
Defendants.
--__ --..______________________..___________..______________Ç
1. Iam an attorney atlaw duly licensed to practice in the State ofNew York, and am
affiliated the law firm of McCabe, Weisberg & Conway, LLC, attorney for HSBC
plaintiff, Bank
USA, N.A., asTrustee on behalf of ACE Securities Corp. Home Equity Loan Trust and forthe
registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-WM2, Asset
Backed Pass-Through Certificates,in thisaction.
2. This residential foreclosure action involves a home loan, as such term isdefined in
Real Property Actions and Proceedings Law § 1304.
3. Ihave reviewed the facts of thiscase and reviewed pertinent docurnents, including the
mortgage, security agreement and note or bond underlying the mortgage executed by defendant,
allinstruments of assignment (ifany), and allother instruments ofindebtedness including any
modification, extension, and consolidation.
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4. I have consulted about the fact of thiscase with the following representatives of
plaintiff:
Name Title
RICHARD WORK CONTRACT MANAGEMENT
COORDINATOR
5. Upon this review and consultation, to the best of my knowledge, information and
belief, I certifythat there isa reasonable basis for the commencement of thisaction, and that
plaintiff iscreditor entitled to enforce rights under these documents.
6. Listed in Exhibit A and attached hereto are copies of the following documents not
otherwise included as attachments to the summons and complaint: the mortgage, security
agreement and note or bond underlying the mortgage executed by the defendant; allinstruments
of assignment (ifany); and any other instrument of indebtedness, iñcluding any modification,
extension, and consolidation. (Check box ifn_o documents areattached in Exhibit A: B.)
7. Listed in ERhibit B and attached hereto are supplemental affidavits attestingthat
certain documents as described in paragraph 5 supra are lost,whether by destruction, theft,or
otherwise. (Check box ifno documents are attached in Exhibit B: 2.)
8. I am aware of my obligations under New York Rules of Professional Conduct (22
NYCRR Part 1200) and 22 NYCRR Part 130.
Dated: October 29, 2018
Melville, New York
McCABE, WEISBERG & CONWAY, LLC
IJEOMA NDUKA, ESQ.
Attorneys forPlaintiff
145 Huguenot Street, Suite 210
New Rochelle, NY 10801
914-636-8900
914-636-8901 facsimile
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SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF ULSTER
______________________--------------------Ç
HSBC BANK USA, N.A., AS TRUSTEE ON
BEHALF OF ACE SECURITIES CORP, HOME Index No: 18-3762
EQUITY LOAN TRUST AND FOR THE
REGISTERED HOLDERS OF ACE SECURITIES
CORP. HOME EQUITY LOAN TRUST, SERIES
2007-WM2, ASSET BACKED PASS-THROUGH
CERTIFICATES
Plaintiff.
-against- ATTORNEY STATEMENT
HEATHER E. KILPATRICK
PAUL J. PREUSS
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS NOMINEE FOR
WMC MORTGAGE CORP.
#1" #12,"
"JOHN DOE to "JOHN DOE the last 12
names being fictitious and unknown to plaintiff,the
persons or parties intended being the persons or
parties, ifany, having or claiming an interest in or
lien upon the Subject Property described in the
Complaint,
Defendants.
__---....___________..___________________--..________Ç
José O. Hasbún, Esq., pursuant to CPLR 2106 and under the penalties of perjury, affirms:
1. I am an attorney duly licensed to practice law in the stateofNew York and associated with
McCabe, Weisberg & Conway, LLC, attorneys for Plaintiff,HSBC Bank USA, N.A., as Trustee on
behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE
Securities Corp. Home Equity Loan Trust, Series 2007-WM2, Asset Backed Pass-Through
Certificates, (hereinafter referred to as "HSBC Bank"). I make this statement based upon my review
of the file maintained by this office in support of HSBC Bank's Application, on itsforeclosure
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Complaint, for default judgment against the Defendants and for the appointment of a referee to
compute the amount due Plaintiff.
2. The action was commenced to foreclose a mortgage on certain real property known as 11
Cooks Lane, Gardiner, NY 12525 (the "Premises").
PROCEDURAL HISTORY
3. Based on the facts as set forth in the Complaint, and the annexed affidavit of Guirlene
Dolcine sworn to on June 28, 2019 (the"Dolcine Affidavit"), on or about November 15, 2006, the
Borrowers, Heather E. Kilpatrick ("Defendants"), executed and delivered to Mortgage Electronic
Registration Systems, Inc., as nominee for WMC Mortgage Corp a Note (the "Note"), whereby the
Defendants agreed to pay to Mortgage Electronic Registration Systems, Inc., as nominee forWMC
Mortgage Corp or its transferees the sum of $232,000.00 with interest thereon, installments of
principal and interestto be paid pursuant to the terms ofthe Note in substantially equal payments on
"A"
the same date of each month until maturity (S_e_e Exhibit and Dolcine Affidavit ¶ 2).
4. As a collateralsecurity for the payment of the Note, the Borrowers; Heather E. Kilpatrick and
Paul J. Preuss, executed, acknowledged, and delivered to Mortgage Electronic Registration Systems,
Inc., as nominee for WMC Mortgage Corp a Mortgage dated November 15, 2006 in the principal
"
amount of $232,000.00 (the Mortgage"), which was recorded with the County Clerk of Ulster on
November 17, 2006 in Book M 8067, Page 191 for Section 100.2 Block 3, Lot 13 and the mortgage
"B"
recording tax was duly paid (See Exhibit and Dolcine Affidavit ¶ 6).
5. The subject Note was transferred via indorsement in blank (See Exhibit "A."). The effectof
bearer"
the indorsement isto make the note "payable to pursuant to NY CLS UCC Section 1-201(5).
When an instrument is indorsed in blank (and thus payable to bearer) itmay be negotiated by
transfer of possession alone. NY CLS UCC Section 3-204 3-202(1). UCC Section 9-
(2), Moreover,
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203(g) explicitly provides that the assignment of interest of the selleror other grantor of a security
interestin the note automatically transfers a corresponding interest in the mortgage to the assignee.
The relevant provision states, "The attachment of a security interest in a right to payment or
performance secured by a security interest or other lien on personal or real property is also
lien."
attachment of a security interest in the securityinstrument, mortgage or other Under the rulein
UCC Section 9-203(g), if the holder of the note in question demonstrated that ithad an attached
security interestin the note, the holder of the note in question would also have a security interestin
the mortgage securing the note even in the absence of a separate assignment of the mortgage. In the
present case, the subject Note is indorsed in blank (See Exhibit "A."). Plaintiff has been in
continuous possession of the Note (and Mortgage) since the commencement of the action (See
Dolcine Affidavit ¶ 5). An Assignment of Mortgage dated August 8, 2017, transferring the mortgage
from Mortgage Electronic Registration Systems, Inc. solely as nominee forWMC Mortgage Corp to
HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and
for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-WM2,
Asset Backed Pass-Through Certificates was recorded on August 30, 2017 in Instrument Number
2017-0012666 in the Office of the County Clerk of Ulster County. (See Exhibit "C."). Accordingly,
Plaintiff is entitledto enforce the terms of the Note.
6. The Defendants failed to comply with the terms of the Note and the Mortgage by omitting
and failing to make monthly payments of the principal and interest due fi·om February 1, 2017
through date. (See Guirlene Dolcine Affidavit¶ 7) .
7. By virtue of the aforementioned default, Plaintiff sent a 30-Day Notice of Default on March
"D"
22, 2017 in accordance with the terms of the Mortgage (See Exhibit and Dolcine Affidavit ¶ 8).
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8. Plaintiff also sent a 90-Day Notice to Defendants pursuant to and in compliance with RPAPL
"E"
1304 on April 16, 2018 (See Exhibit and Dolcine Affidavit ¶ 9). As a result of the continued
default, after compliance with notice requirements of default under the terms of the Mortgage and
Note and pursuant to RPAPL I304, and inaccordance with itsrights under tbe Mortgage and Note,
Plaintiff has elected to exercise its option to demand immediate payment in full of the amount
outstanding under the Mortgage and Note and has notifiedthe Defendants of itsdecision to demand
immediate payment in full.
9. On or about October 30, 2018, the Summons and Complaint with respect to thisaction were
duly filed in the Office of the Clerk of Ulster County (See Exhibit "F."). On or about October 30,
2018, the Notice of Pendency with respect to this action was duly filedin the Office of the Clerk of
Ulster County. As can be seen from the copy attached hereto, the Summons was prepared in
compliance with the requirements of RPAPL Section 1320. An exact photocopy of said Summons is
attached hereto, evidencing that the Summons contained the required notice in boldface and inthe
form required by statute.
10. Service upon allDefendants has been accomplished in compliance with CPLR 308, CPLR
311, BCL 306, BCL 307, and 28 USC 2410 (See Exhibit "G.").
1 1.Counsel for Plaintiff provided the process server the Summons and Complaint, printed on
white paper, together with the Notice required by RPAPL § 1303(a) (See Exhibit "H."), printed on
colored paper, different from the color of the paper on which the Complaint was printed. As can be
"G,"
seen from the affidavit of service attached hereto as Exhibit the process server effected service
upon the mortgagors with a compliant copy of the notification required pursuant to RPAPL § 1303.
An exact photocopy of said Notice is attached hereto, evidencing that the titleof the Notice isin
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bold, 20-point font, the text of the Notice isin bold, 14-point font, itwas on itsown page, and itwas
served with the Summons and Complaint.
12. Counsel for Plaintiff provided the process server the Summons and Complaint, printed on
white paper, together with the Notice required by RPAPL § 1303(b) (See Exhibit "I."),printed on
"G,"
white paper, As can be seen from the affidavitof service attached hereto as Exhibit the process
server effected service upon the tenant(s) with a compliant copy of thenotification required pursuant
to RPAPL § 1303. An exact photocopy of said Notice isattached hereto, evidencing that thetitleof
the Notice isin bold, 20-point font, the textof the Notice isin bold, 14-point font, itwas on itsown
page, and itwas served with the Summons and Complaint.
13. The mortgagors were served with additional notice of the Summons in compliance with
"G."
CPLR 3215(g)(3). The Affidavit of Service by mail is attached hereto as part of Exhibit
14. Plaintiffhas complied with the requirements of CPLR 3408 and on April 24, 2019 received
an order releasing this matter from the settlement conference part (See Exhibit "J.").
15. Upon information and belief, none ofthe Defendants in thisaction are infants,incompetents
or absentees. None of the Defendants in default are in themilitary service as defined by the Military
Soldiers' Sailors'
Law and the and Civil Relief Act (See Exhibit "K.").
16. A copy of the previously filed attorney affirmation required by the Office of Court
Administration's directive issued October 2010 is attached as Exhibit "L".
17. None of the Defendants have answered the Complaint or moved with respect thereto and the
time in which to answer or move with respect thereto has expired.
18. All Defendants who have not appeared are entitled to notice of this application.
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PLAINTIFF IS ENTITLED TO THE RELIEF REQUESTED HEREIN
19. Plaintiff is entitled to the appointment of a referee pursuant to RPAPL Section 1321 to
determine the amount now due and owing to Plaintiff and whether the premises should be sold as 1
parcel or broken up inmultiple parcels.
20. Additionally, Plaintiff requests: that the name of the defendant listed in the caption as
#1,"
"JOHN DOE be amended to read Jessica Schamberg , the name of the defendant listedin the
#2,"
caption as "JOHN DOE be amended to read Loren Schamberg , and that the names of
#3" #12"
defendant(s) "JOHN DOE through "JOHN DOE be severed and stricken from the caption
herein and that the action be discontinued as tothem, allofthe foregoing without prejudice to any of
the proceedings heretofore had herein or to be had herein, and the caption should read as follows:
[Remainder of this page leftblank intentionally]
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SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF ULSTER
____________________________________.._________Ç
HSBC BANK USA, N.A., AS TRUSTEE ON
BEHALF OF ACE SECURITIES CORP. HOME INDEX NO: 18-3762
EQUITY LOAN TRUST AND FOR THE
REGISTERED HOLDERS OF ACE
SECURITIES CORP. HOME EQUITY LOAN
TRUST, SERIES 2007-WM2, ASSET BACKED
PASS-THROUGH CERTIFICATES, MORTGAGED PREMISES:
11 COOKS LANE
GARDINER, NY 12525
Plaintiff,
SBL #: 100.2 - 3 -13
-against-
HEATHER E. KILPATRICK,
PAUL J.PREUSS,
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS NOMINEE FOR
WMC MORTGAGE CORP.,
JESSICA SCHAMBERG ,
LOREN SCHAMBERG ,
Defendants.
_________..______..-------------________ ___.-_Ç
21. No previous application has been made for the reliefrequested in the annexed Order.
|Remainder of this page leftblank intentionallyl
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CONCLUSION
22. For allof the foregaing reasons, thisCourt should enter the annexed Order granting a default
judgment against the Defendant(s), and appointing a referee to compute the amount due to HSBC
Bank on its mortgage foreclosure Complaint.
Dated: July 5, 2019
New Rochelle, NY
I hereby certifypursuant to 22 NYCRR § 130-1.1-a
that, to the best of my Imowledge, information and
belief, formed after an inquiry reasonable under the
circumstances, the presentation of the papers listed
below or the contentions therein are not frivolous as
defined in 22 NYCRR § 130-1.1(c):
McCABE, BERG & CONWAY, LLC
By:
JOSÉ O. 1ASBÚN, ESQ.
Attor eys for Plaintiff
145 Huguenot Street, Suite 210
New Rochelle, NY 10801
914-636-8900
914-636-8901 facsimile
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SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF ULSTER
_______________.._____________-----------------........---x
HSBC BANK USA, N.A., AS TRUSTEE ON
BEHALF OF ACE SECURITIES CORP. HOME Index No: 18-3762
EQUITY LOAN TRUST AND FOR THE
REGISTERED HOLDERS OF ACE
SECURITIES CORP. HOME EQUITY LOAN REFEREE'S OATH
TRUST; SERIES 2007-WM2, ASSET BACKED
PASS-THROUGH CERTIFICATES MORTGAGED PREMISES:
11 COOKS LANE
Plaintiff GARDINER, NY 12525
-against-
HEATHER E. KILPATRICK,
PAUL J. PREUSS,
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS NOMINEE FOR
WMC MORTGAOE CORP.,
JESSICA SCHAMBERG ,
LOREN SCHAMBERG ,
Defendants.
___________..------------____________..---------------X
I, Dana Blackmon, Esq., the Referee, appointed by an Order of this Court, granted on
September 10, 2019 to ascertain and compute the amount due to plaintiff for principal, interest and
other charges due upon the Note and Mortgage upon which thisaction was brought, and to examine
and report whether the Mortgaged premises can be sold in parcels, do solemnly swear that I will
faithfully and fairly determine the questions so referred to me, and make ajust and true report hereon
according to the best of my understanding and as the said Order requires.
. apa Blackmoh, Ósq.,
ÉFEREE
S.worn to before me this
of 00)o629-
day , 20
NOTARY PUBLIC
KATH! E F N MURPHY
Notary Pubha, State ofNew Yo:k
)ÒD.i•l0CI f) Ulster
County
Commission ExpironJanuary 31, 20
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SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF ULSTER
________________________----------------..---X
HSBC BANK USA, N.A., AS TRUSTEE ON
BEHALF OF ACE SECURITIES CORP. HOME Index No: 18-3762
EQUITY LOAN TRUST AND FOR THE
REGISTERED HOLDERS OF ACE SECURITIES
CORP. HOME EQUITY LOAN TRUST, SERIES REFEREE'S REPORT OF AMOUNT
2007-WM2, ASSET BACKED PASS-THROUGH DUE
CERTIFICATES
MORTGAGED PREMISES:
Plaintiff 11 COOKS LANE
GARDINER, NY 12525
-against-
HEATHER E. KILPATRICK,
PAUL J. PREUSS,
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS NOMINEE FOR
WMC MORTGAGE CORP.,
JESSICA SCHAMBERG ,
LOREN SCHAMBERG ,
Defendants.
______________------_________-------------Ç
TO THE SUPREME COURT:
In pursuance of an order of this Court granted September 10, 2019 (the "Order"), whereby
I,Dana Blackmon, Esq., was appointed as Referee to compute and ascertain the amount due
plaintiff, HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity
Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust,
Series 2007-WM2, Asset Backed Pass-Through Certificates (Hereinafter "Plaintiff "),upon the
Note and Mortgage on which this action was brought, and to examine and report whether the
Mortgaged premises can be sold in parcels;
I,Dana Blackmon, Esq., the Referee named in the Order, DO REPORT that before
proceeding to hear the testimony, I was first duly sworn to determine faithfully and fairly the
questions referred to me, and to make a just and true report thereon, according to the best of my
understanding. I received evidence in the form of a duly sworn affidavit, executed by Guirlene
Dolcine, a Contract Management Coordinator for PHH Mortgage Corporation, servicer for
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HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust
and for the registered holders of ACE Securities Corp. Home Loan Series 2007-
Equity Trust,
WM2, Asset Backed Pass-Through Certificates and the documentary evidence listed in Schedule
B attached hereto.
I have computed and ascertained the amount due upon the said Note and Mortgage, and I
find, and accordingly report, that there is due to the plaintiff on the said Note and Mortgage, as of
June 26, 2019, the total sum of $274,019.44, which includes interest through and including June
26, 2019, and all other total advances, costs and expenses, all as more fully set forth in
Schedule A attached hereto.
Plaintiff is entitled to recover any additional monies advanced for taxes, prior to the
closing of titleof the referee's sale in this action.
In addition, I have determined that Plaintiff is entitled to recover accrued interest per
diem, as well as itsadvances, costs, and expenses through to date of closing of titleof the
referee's sale in this action.
In addition, I have determined that Plaintiff is entitled to recover itslegal expenses,
attorneys'
including fees, with respect to Defendant's default on the Mortgage and this foreclosure
action. The amount of said legal expenses to be recovered by Plaintiff is to be set by the Court
upon the application by Plaintiff for entry of final judgment of foreclosure and sale.
I have made inquiry as to the advisability ofPlaintiff selling the Mortgaged premises in
parcels and fmd that the Mortgaged premises should be sold in one parcel.
Dated: \9 bSTo P , New York,
(OM of 00)p3[/L
brE
y ,20D
Dana Blaçkfhon,f§q.
RÈFEftEE
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SCHEDULE A
Unpaid Principal Balance $225,694.84
Interest to and including 6/26/19 $47,908.60
Property Inspections: $331.00
Property Valuation Fee/BPO: $85.00
TOTAL DUE $274,019.44
INTEREST BREAKDOWN
From January 1, 2017
To June 26, 2019 @ 7.875%
Total interest $47,908.60
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SCHEDULE B
LIST OF DOCUMENTARY EVIDENCE SUBMr“TED
TO REFEREE BY PLAINTIFF
1. Copy of Order Appointing Referee to Compute.
2. Affidavit of Amount Due of Guirlene Dolcine and annexed exhibit: copies of Mortgage and
Note.
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At an _of the Supreme Court of the State
of New York, held in and for the County of
Ulster at the Courthouse thereof, Supreme
Court Building, 285 Wal treet, Kingston,
on th day of g/ >
HON. RICHARD MOTT
P R E S E N'I
THE
JUSTICE OF SUPREME COURT
HSBC BANK USA, N.A., AS TRUSTEE ON
BEHALF OF ACE SECURITIES CORP. HOME Index No: 18-3762
EQUITY LOAN TRUST AND FOR THE
REGISTERED HOLDERS OF ACE SECURITIES
CORP. HOME EQUITY LOAN TRUST, SERIES
2007-WM2, ASSET BACKED PASS-THROUGH
CERTIFICATES
Plaintiff.
-against- ORDER OF REFERENCE
HEATHER E. KILPATRICK
PAUL J.PREUSS
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., SOLELY AS NOMINEE FOR
WMC MORTGAGE CORP.
#1" #12,"
"JOHN DOE to "JOHN DOE the last 12
names being fictitious and unknown to plaintiff,the
persons or parties intended being the persons or
parties, ifany, having or claiming an interest in or
lien upon the Subject Property described in the
Complaint,
Defendants.
_____. ____..-------------..----------------X
UPON the Summons and Complaint herein, and proof that allthe defendants have been duly
served with said Summons, or have voluntarily appeared in thisaction; and upon the Affidavits of
Service heretofore filed, and upon the Notice of Appearance, ifany, hereto annexed and heretofore
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filedherein, from allof which itappears that none of the defendants answered, moved or appeared
with respect to the Complaint, although the time for them to do so has expired and has not been
extended by court order or otherwise; and itfurther appearing that defendants captioned as "JOHN
#3'" #12"
DOE through "JOHN DOE were not served with copies of the Summons and Complaint
and arenot necessary parties defendant, so that none of the defendants are entitledto notice hereof;
and that none of the defendants are infants, incompetents or absentees, or in the military; and that
since the filing of the Lis Pendens, the Complaint herein has not been amended so as to make new
parties to the action or so as to embrace real property other than that described in the original
Complaint or so as to extend Plaintiffs claim against the premises;
AND upon the affinnation of José O. Hasbún, Esq., an associate of the firm of McCabe,
Weisberg & Conway, LLC, attorneys for the Plaintiff,dated July 5, 2019 showing what proceedings
have heretofore been had herein, and setting forth the requisite facts entitlingPlaintiff to the within
relief; and upon allproceedings heretofore had herein, and allthe papers filedherein;
NOW, upon motion of McCabe, Weisberg & Conway, LLC attorneys for Plaintiff,itis
ORDERED, that this motion is granted; and itis further
ORDERED: that this action be and the same is hereby referred to ,
( > 22 , as Referee to ascertain and compute the amount due to the
Plaintiff herein for principal,interest, and other disbursements advanced as provided for inthe note
and mortgage upon which this action was brought, to examine and report whether or not the
mortgaged premises can be sold in parcels, and that the Referee complete his/her report with all
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convenient speed date and that, except for good cause shown, that Plaintiffshall mo te forjudgment
no later than 60 days of the date of the Referee's report; and itis further
ORDERED, that upon submission ofthe Referee's Report, Plaintiff shallp y $ to
the Referee as compensation for his/her s
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FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 SUPREME COURT OF THE STATE OF NEW YORK: COlJNTY OF ULSTER . . --....__- ___.-.. ____._____....____.-.-____-... ____....x HSBC BANK USA, N,A., AS TRUSTEE ON INDEX No.: 18 -3762 BEHALF OF ACE SECURITIES CORP. HOME DATE FILED: 10/30/2018 EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES CERTIFICATE OF MERIT 2007-WM2, ASSET BACKED PASS-THROUGH PURSUANT TO CPLR 3012-b CERTIFICATES Plaintiff Mortgaged Premises Address: 11 Cooks Lane -against- New York 12525 Gardiner, HEATHER E. KILPATRICK PAUL J. PREUSS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE POR WMC MORTGAGE CORP. #1" #12," "JOHN DOE through "JOIIN DOE the lasttwelve names being fictitiousand unknown to plaintiff,tbc persons or partiesintended being the tenants, occupants, persons or corporations, if any, having or claiming an interest inor lien upon the Subject Property described in the Complaint. Defendants. --__ --..______________________..___________..______________Ç 1. Iam an attorney atlaw duly licensed to practice in the State ofNew York, and am affiliated the law firm of McCabe, Weisberg & Conway, LLC, attorney for HSBC plaintiff, Bank USA, N.A., asTrustee on behalf of ACE Securities Corp. Home Equity Loan Trust and forthe registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-WM2, Asset Backed Pass-Through Certificates,in thisaction. 2. This residential foreclosure action involves a home loan, as such term isdefined in Real Property Actions and Proceedings Law § 1304. 3. Ihave reviewed the facts of thiscase and reviewed pertinent docurnents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, allinstruments of assignment (ifany), and allother instruments ofindebtedness including any modification, extension, and consolidation. FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 4. I have consulted about the fact of thiscase with the following representatives of plaintiff: Name Title RICHARD WORK CONTRACT MANAGEMENT COORDINATOR 5. Upon this review and consultation, to the best of my knowledge, information and belief, I certifythat there isa reasonable basis for the commencement of thisaction, and that plaintiff iscreditor entitled to enforce rights under these documents. 6. Listed in Exhibit A and attached hereto are copies of the following documents not otherwise included as attachments to the summons and complaint: the mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; allinstruments of assignment (ifany); and any other instrument of indebtedness, iñcluding any modification, extension, and consolidation. (Check box ifn_o documents areattached in Exhibit A: B.) 7. Listed in ERhibit B and attached hereto are supplemental affidavits attestingthat certain documents as described in paragraph 5 supra are lost,whether by destruction, theft,or otherwise. (Check box ifno documents are attached in Exhibit B: 2.) 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: October 29, 2018 Melville, New York McCABE, WEISBERG & CONWAY, LLC IJEOMA NDUKA, ESQ. Attorneys forPlaintiff 145 Huguenot Street, Suite 210 New Rochelle, NY 10801 914-636-8900 914-636-8901 facsimile FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF ULSTER ______________________--------------------Ç HSBC BANK USA, N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP, HOME Index No: 18-3762 EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2007-WM2, ASSET BACKED PASS-THROUGH CERTIFICATES Plaintiff. -against- ATTORNEY STATEMENT HEATHER E. KILPATRICK PAUL J. PREUSS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR WMC MORTGAGE CORP. #1" #12," "JOHN DOE to "JOHN DOE the last 12 names being fictitious and unknown to plaintiff,the persons or parties intended being the persons or parties, ifany, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. __---....___________..___________________--..________Ç José O. Hasbún, Esq., pursuant to CPLR 2106 and under the penalties of perjury, affirms: 1. I am an attorney duly licensed to practice law in the stateofNew York and associated with McCabe, Weisberg & Conway, LLC, attorneys for Plaintiff,HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-WM2, Asset Backed Pass-Through Certificates, (hereinafter referred to as "HSBC Bank"). I make this statement based upon my review of the file maintained by this office in support of HSBC Bank's Application, on itsforeclosure FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 Complaint, for default judgment against the Defendants and for the appointment of a referee to compute the amount due Plaintiff. 2. The action was commenced to foreclose a mortgage on certain real property known as 11 Cooks Lane, Gardiner, NY 12525 (the "Premises"). PROCEDURAL HISTORY 3. Based on the facts as set forth in the Complaint, and the annexed affidavit of Guirlene Dolcine sworn to on June 28, 2019 (the"Dolcine Affidavit"), on or about November 15, 2006, the Borrowers, Heather E. Kilpatrick ("Defendants"), executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp a Note (the "Note"), whereby the Defendants agreed to pay to Mortgage Electronic Registration Systems, Inc., as nominee forWMC Mortgage Corp or its transferees the sum of $232,000.00 with interest thereon, installments of principal and interestto be paid pursuant to the terms ofthe Note in substantially equal payments on "A" the same date of each month until maturity (S_e_e Exhibit and Dolcine Affidavit ¶ 2). 4. As a collateralsecurity for the payment of the Note, the Borrowers; Heather E. Kilpatrick and Paul J. Preuss, executed, acknowledged, and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp a Mortgage dated November 15, 2006 in the principal " amount of $232,000.00 (the Mortgage"), which was recorded with the County Clerk of Ulster on November 17, 2006 in Book M 8067, Page 191 for Section 100.2 Block 3, Lot 13 and the mortgage "B" recording tax was duly paid (See Exhibit and Dolcine Affidavit ¶ 6). 5. The subject Note was transferred via indorsement in blank (See Exhibit "A."). The effectof bearer" the indorsement isto make the note "payable to pursuant to NY CLS UCC Section 1-201(5). When an instrument is indorsed in blank (and thus payable to bearer) itmay be negotiated by transfer of possession alone. NY CLS UCC Section 3-204 3-202(1). UCC Section 9- (2), Moreover, FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 203(g) explicitly provides that the assignment of interest of the selleror other grantor of a security interestin the note automatically transfers a corresponding interest in the mortgage to the assignee. The relevant provision states, "The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also lien." attachment of a security interest in the securityinstrument, mortgage or other Under the rulein UCC Section 9-203(g), if the holder of the note in question demonstrated that ithad an attached security interestin the note, the holder of the note in question would also have a security interestin the mortgage securing the note even in the absence of a separate assignment of the mortgage. In the present case, the subject Note is indorsed in blank (See Exhibit "A."). Plaintiff has been in continuous possession of the Note (and Mortgage) since the commencement of the action (See Dolcine Affidavit ¶ 5). An Assignment of Mortgage dated August 8, 2017, transferring the mortgage from Mortgage Electronic Registration Systems, Inc. solely as nominee forWMC Mortgage Corp to HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-WM2, Asset Backed Pass-Through Certificates was recorded on August 30, 2017 in Instrument Number 2017-0012666 in the Office of the County Clerk of Ulster County. (See Exhibit "C."). Accordingly, Plaintiff is entitledto enforce the terms of the Note. 6. The Defendants failed to comply with the terms of the Note and the Mortgage by omitting and failing to make monthly payments of the principal and interest due fi·om February 1, 2017 through date. (See Guirlene Dolcine Affidavit¶ 7) . 7. By virtue of the aforementioned default, Plaintiff sent a 30-Day Notice of Default on March "D" 22, 2017 in accordance with the terms of the Mortgage (See Exhibit and Dolcine Affidavit ¶ 8). FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 8. Plaintiff also sent a 90-Day Notice to Defendants pursuant to and in compliance with RPAPL "E" 1304 on April 16, 2018 (See Exhibit and Dolcine Affidavit ¶ 9). As a result of the continued default, after compliance with notice requirements of default under the terms of the Mortgage and Note and pursuant to RPAPL I304, and inaccordance with itsrights under tbe Mortgage and Note, Plaintiff has elected to exercise its option to demand immediate payment in full of the amount outstanding under the Mortgage and Note and has notifiedthe Defendants of itsdecision to demand immediate payment in full. 9. On or about October 30, 2018, the Summons and Complaint with respect to thisaction were duly filed in the Office of the Clerk of Ulster County (See Exhibit "F."). On or about October 30, 2018, the Notice of Pendency with respect to this action was duly filedin the Office of the Clerk of Ulster County. As can be seen from the copy attached hereto, the Summons was prepared in compliance with the requirements of RPAPL Section 1320. An exact photocopy of said Summons is attached hereto, evidencing that the Summons contained the required notice in boldface and inthe form required by statute. 10. Service upon allDefendants has been accomplished in compliance with CPLR 308, CPLR 311, BCL 306, BCL 307, and 28 USC 2410 (See Exhibit "G."). 1 1.Counsel for Plaintiff provided the process server the Summons and Complaint, printed on white paper, together with the Notice required by RPAPL § 1303(a) (See Exhibit "H."), printed on colored paper, different from the color of the paper on which the Complaint was printed. As can be "G," seen from the affidavit of service attached hereto as Exhibit the process server effected service upon the mortgagors with a compliant copy of the notification required pursuant to RPAPL § 1303. An exact photocopy of said Notice is attached hereto, evidencing that the titleof the Notice isin FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 bold, 20-point font, the text of the Notice isin bold, 14-point font, itwas on itsown page, and itwas served with the Summons and Complaint. 12. Counsel for Plaintiff provided the process server the Summons and Complaint, printed on white paper, together with the Notice required by RPAPL § 1303(b) (See Exhibit "I."),printed on "G," white paper, As can be seen from the affidavitof service attached hereto as Exhibit the process server effected service upon the tenant(s) with a compliant copy of thenotification required pursuant to RPAPL § 1303. An exact photocopy of said Notice isattached hereto, evidencing that thetitleof the Notice isin bold, 20-point font, the textof the Notice isin bold, 14-point font, itwas on itsown page, and itwas served with the Summons and Complaint. 13. The mortgagors were served with additional notice of the Summons in compliance with "G." CPLR 3215(g)(3). The Affidavit of Service by mail is attached hereto as part of Exhibit 14. Plaintiffhas complied with the requirements of CPLR 3408 and on April 24, 2019 received an order releasing this matter from the settlement conference part (See Exhibit "J."). 15. Upon information and belief, none ofthe Defendants in thisaction are infants,incompetents or absentees. None of the Defendants in default are in themilitary service as defined by the Military Soldiers' Sailors' Law and the and Civil Relief Act (See Exhibit "K."). 16. A copy of the previously filed attorney affirmation required by the Office of Court Administration's directive issued October 2010 is attached as Exhibit "L". 17. None of the Defendants have answered the Complaint or moved with respect thereto and the time in which to answer or move with respect thereto has expired. 18. All Defendants who have not appeared are entitled to notice of this application. [Remainder of this page left blank intentionally] FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 PLAINTIFF IS ENTITLED TO THE RELIEF REQUESTED HEREIN 19. Plaintiff is entitled to the appointment of a referee pursuant to RPAPL Section 1321 to determine the amount now due and owing to Plaintiff and whether the premises should be sold as 1 parcel or broken up inmultiple parcels. 20. Additionally, Plaintiff requests: that the name of the defendant listed in the caption as #1," "JOHN DOE be amended to read Jessica Schamberg , the name of the defendant listedin the #2," caption as "JOHN DOE be amended to read Loren Schamberg , and that the names of #3" #12" defendant(s) "JOHN DOE through "JOHN DOE be severed and stricken from the caption herein and that the action be discontinued as tothem, allofthe foregoing without prejudice to any of the proceedings heretofore had herein or to be had herein, and the caption should read as follows: [Remainder of this page leftblank intentionally] FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF ULSTER ____________________________________.._________Ç HSBC BANK USA, N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME INDEX NO: 18-3762 EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2007-WM2, ASSET BACKED PASS-THROUGH CERTIFICATES, MORTGAGED PREMISES: 11 COOKS LANE GARDINER, NY 12525 Plaintiff, SBL #: 100.2 - 3 -13 -against- HEATHER E. KILPATRICK, PAUL J.PREUSS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR WMC MORTGAGE CORP., JESSICA SCHAMBERG , LOREN SCHAMBERG , Defendants. _________..______..-------------________ ___.-_Ç 21. No previous application has been made for the reliefrequested in the annexed Order. |Remainder of this page leftblank intentionallyl FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 CONCLUSION 22. For allof the foregaing reasons, thisCourt should enter the annexed Order granting a default judgment against the Defendant(s), and appointing a referee to compute the amount due to HSBC Bank on its mortgage foreclosure Complaint. Dated: July 5, 2019 New Rochelle, NY I hereby certifypursuant to 22 NYCRR § 130-1.1-a that, to the best of my Imowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the papers listed below or the contentions therein are not frivolous as defined in 22 NYCRR § 130-1.1(c): McCABE, BERG & CONWAY, LLC By: JOSÉ O. 1ASBÚN, ESQ. Attor eys for Plaintiff 145 Huguenot Street, Suite 210 New Rochelle, NY 10801 914-636-8900 914-636-8901 facsimile FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF ULSTER _______________.._____________-----------------........---x HSBC BANK USA, N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME Index No: 18-3762 EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN REFEREE'S OATH TRUST; SERIES 2007-WM2, ASSET BACKED PASS-THROUGH CERTIFICATES MORTGAGED PREMISES: 11 COOKS LANE Plaintiff GARDINER, NY 12525 -against- HEATHER E. KILPATRICK, PAUL J. PREUSS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR WMC MORTGAOE CORP., JESSICA SCHAMBERG , LOREN SCHAMBERG , Defendants. ___________..------------____________..---------------X I, Dana Blackmon, Esq., the Referee, appointed by an Order of this Court, granted on September 10, 2019 to ascertain and compute the amount due to plaintiff for principal, interest and other charges due upon the Note and Mortgage upon which thisaction was brought, and to examine and report whether the Mortgaged premises can be sold in parcels, do solemnly swear that I will faithfully and fairly determine the questions so referred to me, and make ajust and true report hereon according to the best of my understanding and as the said Order requires. . apa Blackmoh, Ósq., ÉFEREE S.worn to before me this of 00)o629- day , 20 NOTARY PUBLIC KATH! E F N MURPHY Notary Pubha, State ofNew Yo:k )ÒD.i•l0CI f) Ulster County Commission ExpironJanuary 31, 20 FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF ULSTER ________________________----------------..---X HSBC BANK USA, N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME Index No: 18-3762 EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES REFEREE'S REPORT OF AMOUNT 2007-WM2, ASSET BACKED PASS-THROUGH DUE CERTIFICATES MORTGAGED PREMISES: Plaintiff 11 COOKS LANE GARDINER, NY 12525 -against- HEATHER E. KILPATRICK, PAUL J. PREUSS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR WMC MORTGAGE CORP., JESSICA SCHAMBERG , LOREN SCHAMBERG , Defendants. ______________------_________-------------Ç TO THE SUPREME COURT: In pursuance of an order of this Court granted September 10, 2019 (the "Order"), whereby I,Dana Blackmon, Esq., was appointed as Referee to compute and ascertain the amount due plaintiff, HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-WM2, Asset Backed Pass-Through Certificates (Hereinafter "Plaintiff "),upon the Note and Mortgage on which this action was brought, and to examine and report whether the Mortgaged premises can be sold in parcels; I,Dana Blackmon, Esq., the Referee named in the Order, DO REPORT that before proceeding to hear the testimony, I was first duly sworn to determine faithfully and fairly the questions referred to me, and to make a just and true report thereon, according to the best of my understanding. I received evidence in the form of a duly sworn affidavit, executed by Guirlene Dolcine, a Contract Management Coordinator for PHH Mortgage Corporation, servicer for FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Loan Series 2007- Equity Trust, WM2, Asset Backed Pass-Through Certificates and the documentary evidence listed in Schedule B attached hereto. I have computed and ascertained the amount due upon the said Note and Mortgage, and I find, and accordingly report, that there is due to the plaintiff on the said Note and Mortgage, as of June 26, 2019, the total sum of $274,019.44, which includes interest through and including June 26, 2019, and all other total advances, costs and expenses, all as more fully set forth in Schedule A attached hereto. Plaintiff is entitled to recover any additional monies advanced for taxes, prior to the closing of titleof the referee's sale in this action. In addition, I have determined that Plaintiff is entitled to recover accrued interest per diem, as well as itsadvances, costs, and expenses through to date of closing of titleof the referee's sale in this action. In addition, I have determined that Plaintiff is entitled to recover itslegal expenses, attorneys' including fees, with respect to Defendant's default on the Mortgage and this foreclosure action. The amount of said legal expenses to be recovered by Plaintiff is to be set by the Court upon the application by Plaintiff for entry of final judgment of foreclosure and sale. I have made inquiry as to the advisability ofPlaintiff selling the Mortgaged premises in parcels and fmd that the Mortgaged premises should be sold in one parcel. Dated: \9 bSTo P , New York, (OM of 00)p3[/L brE y ,20D Dana Blaçkfhon,f§q. RÈFEftEE FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 SCHEDULE A Unpaid Principal Balance $225,694.84 Interest to and including 6/26/19 $47,908.60 Property Inspections: $331.00 Property Valuation Fee/BPO: $85.00 TOTAL DUE $274,019.44 INTEREST BREAKDOWN From January 1, 2017 To June 26, 2019 @ 7.875% Total interest $47,908.60 FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 SCHEDULE B LIST OF DOCUMENTARY EVIDENCE SUBMr“TED TO REFEREE BY PLAINTIFF 1. Copy of Order Appointing Referee to Compute. 2. Affidavit of Amount Due of Guirlene Dolcine and annexed exhibit: copies of Mortgage and Note. FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 At an _of the Supreme Court of the State of New York, held in and for the County of Ulster at the Courthouse thereof, Supreme Court Building, 285 Wal treet, Kingston, on th day of g/ > HON. RICHARD MOTT P R E S E N'I THE JUSTICE OF SUPREME COURT HSBC BANK USA, N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME Index No: 18-3762 EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2007-WM2, ASSET BACKED PASS-THROUGH CERTIFICATES Plaintiff. -against- ORDER OF REFERENCE HEATHER E. KILPATRICK PAUL J.PREUSS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR WMC MORTGAGE CORP. #1" #12," "JOHN DOE to "JOHN DOE the last 12 names being fictitious and unknown to plaintiff,the persons or parties intended being the persons or parties, ifany, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. _____. ____..-------------..----------------X UPON the Summons and Complaint herein, and proof that allthe defendants have been duly served with said Summons, or have voluntarily appeared in thisaction; and upon the Affidavits of Service heretofore filed, and upon the Notice of Appearance, ifany, hereto annexed and heretofore FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 filedherein, from allof which itappears that none of the defendants answered, moved or appeared with respect to the Complaint, although the time for them to do so has expired and has not been extended by court order or otherwise; and itfurther appearing that defendants captioned as "JOHN #3'" #12" DOE through "JOHN DOE were not served with copies of the Summons and Complaint and arenot necessary parties defendant, so that none of the defendants are entitledto notice hereof; and that none of the defendants are infants, incompetents or absentees, or in the military; and that since the filing of the Lis Pendens, the Complaint herein has not been amended so as to make new parties to the action or so as to embrace real property other than that described in the original Complaint or so as to extend Plaintiffs claim against the premises; AND upon the affinnation of José O. Hasbún, Esq., an associate of the firm of McCabe, Weisberg & Conway, LLC, attorneys for the Plaintiff,dated July 5, 2019 showing what proceedings have heretofore been had herein, and setting forth the requisite facts entitlingPlaintiff to the within relief; and upon allproceedings heretofore had herein, and allthe papers filedherein; NOW, upon motion of McCabe, Weisberg & Conway, LLC attorneys for Plaintiff,itis ORDERED, that this motion is granted; and itis further ORDERED: that this action be and the same is hereby referred to , ( > 22 , as Referee to ascertain and compute the amount due to the Plaintiff herein for principal,interest, and other disbursements advanced as provided for inthe note and mortgage upon which this action was brought, to examine and report whether or not the mortgaged premises can be sold in parcels, and that the Referee complete his/her report with all FILED: ULSTER COUNTY CLERK 12/23/2022 11:59 AM INDEX NO. EF2018-3762 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/23/2022 convenient speed date and that, except for good cause shown, that Plaintiffshall mo te forjudgment no later than 60 days of the date of the Referee's report; and itis further ORDERED, that upon submission ofthe Referee's Report, Plaintiff shallp y $ to the Referee as compensation for his/her s