Preview
FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF QUEENS
PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR
BY MERGER TO NATIONAL CITY BANK,
Plaintiff,
-vs- SUMMONS
ROGER LEE; BANK OF AMERICA, N.A.; NEW
YORK COMMUNITY BANK; VICTORY STATE
BANK; VICTORY-FIEDLER APARTMENTS, LLC ;
DOE" "
"JOHN AND "JANE DOE said Index No.
names being fictitious, itbeing the intention of
Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
Mortgaged Premises:
15720 27th Avenue, Flushing, NY 11354
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the
service of this Summons, exclusive of the day of service, or within thirty (30) days after service
of the same is complete where service is made in any manner other than by personal delivery
within the State. The United States of America, if designated as a defendant in this action, may
answer or appear within sixty (60) days of service. Your failure to appear or to answer will
result in a judgment against you by default for the relief demanded in the Complaint. In the
event that a deficiency balance remains from the sale proceeds, a judgment may be entered
against you, unless the Defendant obtained a bankruptcy discharge and such other or further
relief as may be just and equitable.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the
answer on the attorney for the mortgage company who filed this foreclosure
proceeding against you and filing the answer with court, a default judgment may be
entered and you can lose your home.
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Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOED BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING
THE ANSWER WITH THE COURT.
QUEENS County is designated as the place of trial. The basis of venue is the location of
the mortgaged premises.
g-
DATED: December Ê, 2022 /&.-
Mark K royles, Es .
FEIN, UCH & C E, LP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
PNNYC015
BLOCK: 4868
LOT: 14
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FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023
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NATURE AND OBJECT OF ACTION
The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in
the County of QUEENS, State of New York as more particularly described in the Complaint
herein.
TO THE DEFENDANT, except ROGER LEE, the plaintiff makes no personal claim
against you in this action.
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Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure action, you may lose your home.
Please read the summons and complaint carefully. You should immediately
contact an attorney or your local legal aid office to obtain advice on how to
protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agencies and non-profit organizations that you
may contact for information about possible options, including trying to work
with your lender during this process.
To locate an entity near you, you may call the toll free helpline
maintained the New York State Department of Financial Services at 1-800-
by
342-3736 or visit the Department's website at www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS
TIME. You have the right to stay in your home during the foreclosure
process. You are not required to leave your home unless and until your
property is sold at auction pursuant to a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE
REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property
taxes in accordance with state and local law.
Foreclosure Rescue Scams
"save"
Be careful of people who approach you with offers to your home.
These are individuals who watch for notices of foreclosure actions in order to
unfairly profit from a homeowner's distress. You should be extremely careful
about any such promises and any suggestions that you pay them a fee or sign
over your deed. State law requires anyone offering such services for profit to
enter into a contract which fully describes the services they will perform and
fees they will charge, and which prohibits them from taking any money from
you until they have completed all such promised services.
§ 1303 Notice 122016
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STATE OF NEW YORK
SUPREME COURT COUNTY OF QUEENS
PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR
BY MERGER TO NATIONAL CITY BANK,
Plaintiff,
-vs- COMPLAINT
ROGER LEE; BANK OF AMERICA, N.A.; NEW
YORK COMMUNITY BANK; VICTORY STATE
BANK; VICTORY-FIEDLER APARTMENTS, LLC ;
DOE" "
"JOHN AND "JANE DOE said names being Index No.
fictitious, itbeing the intention of Plaintiff
to designate any and all occupants of premises
being foreclosed herein,
Defendants.
The plaintiff herein, by FEIN, SUCH & CRANE, LLP, itsattorneys, complains of the
defendants above named, and for its cause of action, alleges:
FIRST: The plaintiff, is a national association, duly licensed, organized and existing
pursuant to the laws of the United States of America, doing business in the State of New York.
SECOND: Upon information and belief, at alltimes hereinafter mentioned, the
A"
defendant(s) reside or conduct business at the address set forth in "Schedule annexed hereto
(any that are corporations being organized and existing under the laws of the State set forth
therein), and are made defendants in this action in the capacities and for the reasons alleged
therein.
THIRD: That the United States of America, the People of the State of New York, the
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York, and allother agencies or instrumentalities of the Federal, State or local government,
however designated, if named as defendants, are made parties solely by reason of the facts set
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B."
forth in the annexed "Schedule
FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor
and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a
certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
and assigns, jointly and severally, in the amount of said sum, as more fully described in the
C,"
annexed "Schedule said schedule being a copy of the bond(s) or note(s), or accurate
reference to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the
terms of repayment of said sum and rights of the plaintiff.
FIFTH: Plaintiff is in possession of the Note referenced in paragraph FOURTH prior to
the commencement of this action and is entitled to enforce the Note.
SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was
D,"
executed as annexed hereto in "Schedule acknowledged and delivered to the stated
Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors
bargained, granted and sold to the mortgagee named therein, its successors and assigns, the
premises more particularly described therein (hereinafter, the "Mortgaged Premises") under
certain conditions with rights, duties and privileges between the parties as described therein.
SEVENTH: The Mortgage is currently held by Plaintiff. Copies are attached in
Schedule "D". As such, Plaintiff is current beneficiary of the Mortgage securing the Note, the
originals of which are in Plaintiffs possession and control, and Plaintiff is otherwise entitled to
enforce the subject Mortgage and Note pursuant to law.
EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due
thereon was duly paid in the County Clerk's Office at the place and time that appears therein.
NINTH: That Plaintiff has complied with all applicable provisions of the Laws 2020 ch.
6 of 29
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381, Real Property Actions and Proceedings Law and Banking Law, including but not limited to
Banking Law §595-a, 6-1, 6-m, and 9-x, and RPAPL § 1304 and 1306, where applicable and
where the following information applies:
(1) The 90-day notice was sent at least 90 days before the commencement of this
foreclosure action. Further, the notice under RPAPL Section 1304 was in 14 point type,
contained the statutorily dictated language and the addresses and phone numbers of at least five
US Department of Housing and Urban Development approved housing counseling agencies in
the region where the borrower resides and was mailed by registered or certified mail and first
class mail to the last known address of the borrower and to the property address, if different.
Plaintiff has fully and completely complied with the RPAPL Section 1304. Further, Plaintiff has
complied fully with RPAPL Section 1306 filing requirements in that the filing with the
superintendent was completed within three (3) business days of the mailing.
(2) Compliance with Banking Law 9-x is not required because (1) the mortgage being
loan"
foreclosed herein does not meet the definition of "home under RPAPL § 1304, as required
by Banking Law § 9-x(b)(i). Banking law § 9-x does not apply because (a) the borrower is not a
natural person; and/or (b) the mortgage debt was not incurred primarily for personal, family or
household purposes, but rather, is a commercial loan; and/or (c) the property is not occupied by
the borrower as his/her principal dwelling; and/or (2) the mortgagor failed to demonstrate
financial hardship as a result of COVID-19 during the covered period (Banking Law 9-x(b)(ii));
institution"
and/or (3) Plaintiff is not a "regulated as defined under the law. Banking Law 9-x(c).
TENTH: That the defendant(s), have failed to comply with the conditions of the
mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes, assessments,
water rates, insurance premiums, escrow and/or other charges, all as more fully described in
7 of 29
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"Schedule E".
ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the
mortgage(s) as more than thirty (30) days have elapsed since the date of default.
E"
TWELFTH: That "Schedule sets forth the principal balance due and default date and
rate at which interest accrued from the defendant(s) default.
THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in
"Schedule or be compelled to the of this local assess-
E", may pay during pendency action, taxes,
ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,
and hereby requests that any sums paid by itfor said purposes, with interest thereon, be added to
the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on
the Mortgaged Premises.
FOURTEENTH: That the defendants herein have or claim to have some interest in, or
lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued
subsequent to the lien of the plaintiffs mortgage(s).
FIFTEENTH: That the plaintiff is now the true and lawful holder of the said
bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there
have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or
mortgage(s) and no such proceedings are currently pending, or are in the process of being
discontinued without prejudice.
SIXTEENTH: That Schedules "A", "B", "C", "D", and "E", be incorporated and made
part of the Complaint with the same force and effect as if they were completely and fully set
forth wherever reference is made to them herein.
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SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released
or changed itselection herein by reason of any payment after the commencement of this action
of any or all of the defaults mentioned herein and such election shall continue to be effective.
WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it
for principal, interest, costs and reasonable attorneys fees ifprovided for in the bond(s), note(s)
or mortgage(s), and that the defendants, and any persons claiming by, through or under them
subsequent to the commencement of this action, and every other person or corporation whose
right, title,conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded
subsequent to the plaintiffs interest, be forever barred and foreclosed of allright, claim, lien,
interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises,
or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts
due for principal, interest, costs, allowances and disbursements, together with any monies
advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s),
note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s)
out of the proceeds from the sale thereof, with interest thereon from the respective dates of
attorneys'
payment thereof, costs and expenses of this action and reasonable fees, ifprovided for
in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said
payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this
Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged
Premises with the usual powers and duties associated therewith; that the defendants whom
executed the Note and were not otherwise released or discharged by bankruptcy be adjudged to
pay any remaining deficiency; and such other or further relief as may be just and equitable,
unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be
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just and equitable. The plaintiff hereby reserves itsright to share in surplus monies from the sale
by virtue of its position as a judgment or other lien creditor, excluding the mortgage(s)
foreclosed herein.
DATED: December , 2022 g A
M1|Ír . Broyles, E .
F ,SUCH RA ,LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
PNNYC015
10 of 29
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"A" -
SCHEDULE DEFENDANTS
DEFENDANTS CAPACITY
ROGER LEE Owner of record and original obligor under the
27d'
15720 Avenue note/bond secured by the Mortgage recorded on
Flushing, NY 11354 CRFN 2007000153489 inthe Office of the City
Register of the City of New York on June 23, 2007.
BANK OF AMERICA, N.A. Subordinate mortgagee by virtue of a Mortgage
recorded on March 23, 2007 in the Office of the
City Register of the City of New York in CRFN
2007000153488, which mortgage was confirmed
subordinate by a Subordination Agreement
recorded on March 19, 2012, in theOffice of the
City Register of the City of New York in CRFN
2012000109276.
Subordinate mortgagee by virtue of a Mortgage
recorded on March 19, 2012 in the Office of the
City Register of the City of New York in CRFN
2012000109274.
NEW YORK COMMUNITY BANK Subordinate judgment by virtue of a Judgment for
$228,408.61 against Roger R. Lee, Index No. 1 1-
013709, entered on September 5, 2012.
VICTORY STATE BANK Subordinate judgment by virtue of a Judgment for
$284,882.89 against Roger R. Lee, Index No.
100159/12, entered on January 17, 2013.
VICTORY-FIEDLER APARTMENTS, LLC Subordinate judgment by virtue of a Judgment
against Roger R. Lee, Index No. 102290/12,
entered on August 16, 2021.
JOHN DOE and JANE DOE Said names being fictitious, itbeing the intention of
Plaintiff to designate any and all occupants of
premises being foreclosed herein.
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"B"
SCHEDULE
NONE
12 of 29
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"C"
SCHEDULE
13 of 29
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EQUITY RESERVE"" AGREEMENT - NATIONAL HOME EQUITY
e (Notto beUsedfor LinesSecured
by a T
Date: 3/06 /2007 AconuntNu
Lineof Credit(Line)withNationalCity Bank(Bank)undagreethatthe followmgmaterialterms
areopeningan EquityReserve
You, theundersigned,
will applytoyourLine
andconditions
lineof creditwhichyou mayuseto obtaincashadvances
YourLmeis anopen-end
Lineof Credit fromtimeto timefor a periodof 10
(Advances)
(DrawPeriod) If you continueto meetBank'sthencurrentcreditundcollateralvaluecriteria,at Bank's
years(9 years10monthsin Connecticut)
discretion,Bulikwill eitherextendtheDrawPeriodfor oneor moreadditional
DrnwPeriods
or Bankmayrefmance
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Linesof Credit If yourDrawPeriodis notrenewed
offeredby Bankfor EquityReserve or theLinerefinanced, halances
you mayrepayanyoutstanding
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Preview
FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF QUEENS PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY BANK, Plaintiff, -vs- SUMMONS ROGER LEE; BANK OF AMERICA, N.A.; NEW YORK COMMUNITY BANK; VICTORY STATE BANK; VICTORY-FIEDLER APARTMENTS, LLC ; DOE" " "JOHN AND "JANE DOE said Index No. names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. Mortgaged Premises: 15720 27th Avenue, Flushing, NY 11354 TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service. Your failure to appear or to answer will result in a judgment against you by default for the relief demanded in the Complaint. In the event that a deficiency balance remains from the sale proceeds, a judgment may be entered against you, unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with court, a default judgment may be entered and you can lose your home. 1 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOED BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. QUEENS County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. g- DATED: December Ê, 2022 /&.- Mark K royles, Es . FEIN, UCH & C E, LP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 PNNYC015 BLOCK: 4868 LOT: 14 2 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 NATURE AND OBJECT OF ACTION The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in the County of QUEENS, State of New York as more particularly described in the Complaint herein. TO THE DEFENDANT, except ROGER LEE, the plaintiff makes no personal claim against you in this action. 3 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll free helpline maintained the New York State Department of Financial Services at 1-800- by 342-3736 or visit the Department's website at www.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure Rescue Scams "save" Be careful of people who approach you with offers to your home. These are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. § 1303 Notice 122016 4 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF QUEENS PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY BANK, Plaintiff, -vs- COMPLAINT ROGER LEE; BANK OF AMERICA, N.A.; NEW YORK COMMUNITY BANK; VICTORY STATE BANK; VICTORY-FIEDLER APARTMENTS, LLC ; DOE" " "JOHN AND "JANE DOE said names being Index No. fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. The plaintiff herein, by FEIN, SUCH & CRANE, LLP, itsattorneys, complains of the defendants above named, and for its cause of action, alleges: FIRST: The plaintiff, is a national association, duly licensed, organized and existing pursuant to the laws of the United States of America, doing business in the State of New York. SECOND: Upon information and belief, at alltimes hereinafter mentioned, the A" defendant(s) reside or conduct business at the address set forth in "Schedule annexed hereto (any that are corporations being organized and existing under the laws of the State set forth therein), and are made defendants in this action in the capacities and for the reasons alleged therein. THIRD: That the United States of America, the People of the State of New York, the State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York, and allother agencies or instrumentalities of the Federal, State or local government, however designated, if named as defendants, are made parties solely by reason of the facts set 5 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 B." forth in the annexed "Schedule FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators and assigns, jointly and severally, in the amount of said sum, as more fully described in the C," annexed "Schedule said schedule being a copy of the bond(s) or note(s), or accurate reference to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of repayment of said sum and rights of the plaintiff. FIFTH: Plaintiff is in possession of the Note referenced in paragraph FOURTH prior to the commencement of this action and is entitled to enforce the Note. SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was D," executed as annexed hereto in "Schedule acknowledged and delivered to the stated Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors bargained, granted and sold to the mortgagee named therein, its successors and assigns, the premises more particularly described therein (hereinafter, the "Mortgaged Premises") under certain conditions with rights, duties and privileges between the parties as described therein. SEVENTH: The Mortgage is currently held by Plaintiff. Copies are attached in Schedule "D". As such, Plaintiff is current beneficiary of the Mortgage securing the Note, the originals of which are in Plaintiffs possession and control, and Plaintiff is otherwise entitled to enforce the subject Mortgage and Note pursuant to law. EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due thereon was duly paid in the County Clerk's Office at the place and time that appears therein. NINTH: That Plaintiff has complied with all applicable provisions of the Laws 2020 ch. 6 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 381, Real Property Actions and Proceedings Law and Banking Law, including but not limited to Banking Law §595-a, 6-1, 6-m, and 9-x, and RPAPL § 1304 and 1306, where applicable and where the following information applies: (1) The 90-day notice was sent at least 90 days before the commencement of this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14 point type, contained the statutorily dictated language and the addresses and phone numbers of at least five US Department of Housing and Urban Development approved housing counseling agencies in the region where the borrower resides and was mailed by registered or certified mail and first class mail to the last known address of the borrower and to the property address, if different. Plaintiff has fully and completely complied with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306 filing requirements in that the filing with the superintendent was completed within three (3) business days of the mailing. (2) Compliance with Banking Law 9-x is not required because (1) the mortgage being loan" foreclosed herein does not meet the definition of "home under RPAPL § 1304, as required by Banking Law § 9-x(b)(i). Banking law § 9-x does not apply because (a) the borrower is not a natural person; and/or (b) the mortgage debt was not incurred primarily for personal, family or household purposes, but rather, is a commercial loan; and/or (c) the property is not occupied by the borrower as his/her principal dwelling; and/or (2) the mortgagor failed to demonstrate financial hardship as a result of COVID-19 during the covered period (Banking Law 9-x(b)(ii)); institution" and/or (3) Plaintiff is not a "regulated as defined under the law. Banking Law 9-x(c). TENTH: That the defendant(s), have failed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully described in 7 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 "Schedule E". ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the mortgage(s) as more than thirty (30) days have elapsed since the date of default. E" TWELFTH: That "Schedule sets forth the principal balance due and default date and rate at which interest accrued from the defendant(s) default. THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in "Schedule or be compelled to the of this local assess- E", may pay during pendency action, taxes, ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises, and hereby requests that any sums paid by itfor said purposes, with interest thereon, be added to the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the Mortgaged Premises. FOURTEENTH: That the defendants herein have or claim to have some interest in, or lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued subsequent to the lien of the plaintiffs mortgage(s). FIFTEENTH: That the plaintiff is now the true and lawful holder of the said bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s) and no such proceedings are currently pending, or are in the process of being discontinued without prejudice. SIXTEENTH: That Schedules "A", "B", "C", "D", and "E", be incorporated and made part of the Complaint with the same force and effect as if they were completely and fully set forth wherever reference is made to them herein. 8 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released or changed itselection herein by reason of any payment after the commencement of this action of any or all of the defaults mentioned herein and such election shall continue to be effective. WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it for principal, interest, costs and reasonable attorneys fees ifprovided for in the bond(s), note(s) or mortgage(s), and that the defendants, and any persons claiming by, through or under them subsequent to the commencement of this action, and every other person or corporation whose right, title,conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded subsequent to the plaintiffs interest, be forever barred and foreclosed of allright, claim, lien, interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises, or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts due for principal, interest, costs, allowances and disbursements, together with any monies advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s), note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s) out of the proceeds from the sale thereof, with interest thereon from the respective dates of attorneys' payment thereof, costs and expenses of this action and reasonable fees, ifprovided for in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged Premises with the usual powers and duties associated therewith; that the defendants whom executed the Note and were not otherwise released or discharged by bankruptcy be adjudged to pay any remaining deficiency; and such other or further relief as may be just and equitable, unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be 9 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 just and equitable. The plaintiff hereby reserves itsright to share in surplus monies from the sale by virtue of its position as a judgment or other lien creditor, excluding the mortgage(s) foreclosed herein. DATED: December , 2022 g A M1|Ír . Broyles, E . F ,SUCH RA ,LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 PNNYC015 10 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 "A" - SCHEDULE DEFENDANTS DEFENDANTS CAPACITY ROGER LEE Owner of record and original obligor under the 27d' 15720 Avenue note/bond secured by the Mortgage recorded on Flushing, NY 11354 CRFN 2007000153489 inthe Office of the City Register of the City of New York on June 23, 2007. BANK OF AMERICA, N.A. Subordinate mortgagee by virtue of a Mortgage recorded on March 23, 2007 in the Office of the City Register of the City of New York in CRFN 2007000153488, which mortgage was confirmed subordinate by a Subordination Agreement recorded on March 19, 2012, in theOffice of the City Register of the City of New York in CRFN 2012000109276. Subordinate mortgagee by virtue of a Mortgage recorded on March 19, 2012 in the Office of the City Register of the City of New York in CRFN 2012000109274. NEW YORK COMMUNITY BANK Subordinate judgment by virtue of a Judgment for $228,408.61 against Roger R. Lee, Index No. 1 1- 013709, entered on September 5, 2012. VICTORY STATE BANK Subordinate judgment by virtue of a Judgment for $284,882.89 against Roger R. Lee, Index No. 100159/12, entered on January 17, 2013. VICTORY-FIEDLER APARTMENTS, LLC Subordinate judgment by virtue of a Judgment against Roger R. Lee, Index No. 102290/12, entered on August 16, 2021. JOHN DOE and JANE DOE Said names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein. 11 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 "B" SCHEDULE NONE 12 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 "C" SCHEDULE 13 of 29 FILED: QUEENS COUNTY CLERK 01/27/2023 04:14 PM INDEX NO. 702009/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 EQUITY RESERVE"" AGREEMENT - NATIONAL HOME EQUITY e (Notto beUsedfor LinesSecured by a T Date: 3/06 /2007 AconuntNu Lineof Credit(Line)withNationalCity Bank(Bank)undagreethatthe followmgmaterialterms areopeningan EquityReserve You, theundersigned, will applytoyourLine andconditions lineof creditwhichyou mayuseto obtaincashadvances YourLmeis anopen-end Lineof Credit fromtimeto timefor a periodof 10 (Advances) (DrawPeriod) If you continueto meetBank'sthencurrentcreditundcollateralvaluecriteria,at Bank's years(9 years10monthsin Connecticut) discretion,Bulikwill eitherextendtheDrawPeriodfor oneor moreadditional DrnwPeriods or Bankmayrefmance yourLineonthetermsthenheing Linesof Credit If yourDrawPeriodis notrenewed offeredby Bankfor EquityReserve or theLinerefinanced, halances you mayrepayanyoutstanding sectionbelow PeriodasprovidedinthePayment duringtheRepayment 88, 000 , 0 O Themitialamountof yourLineis $ (CreditLine) You havetheoptionanytimeduringtheDrawPenodof this lo ercalcFixedRateLocksof all or partof yourLineata lixedrateandfor a Gxedpayment.TheFixedRateLock (FRL)halanceincludes Agreement fee Anyumountyou repayontheLmeand/oronanFRLwill beagamavailable theFRLadvance to youontheLineuntiltheendof theDrawPeriod Bankmayreducetheamountof yourCreditLineundercertainconditions described in thisAgreement. AdvmicesYoumayobtamAdvances checksandspecialFRLchecks(eacha Check)suppliedby Bank,by underyourLineby issuingEquityReserve Customer contactmg Serviceor by way of anyotherBankapproved plan Bankwill chargeyourChecksdirectlyagainstyour Line You maymake for anAdvanceonyourLineto payoff any FRLat anylime hy contacting arrangements Customer Serviceut theaddress or phonenumberon your Bankwhenyou statementYoushouldnotify needmoreChecksTheminimum FRLAdvancet hatyoucanreceive anFRLCheckis using $5,000. FRLCheckAdvances havea 20-yearRepayment will automalically Term You maycontactCustomer Servicealtera FRLCheckpoststo yourLineto change theRepayment termslistedin theFixedRateLockAdvances Termlo oneof theotheravailable changed sectionbelow,however,FRLAdvances Termwill besubjectto linancecharges toanotherRepayment attheannualpercentage ratein effectthedaythenewPRLRepayment Termis appliedby ServiceFRLAdvances Customer fortermsotherthan20yearsmayalsobeobtained Serviceinsteadof by Check FRLChecks Customer by conIacting for lessthan$5,000will hepostedasa LineAdvanceYoushouldalsonolify Bankimmediately if yourChecksarelostor stolen (Please seethe"Stop Orders' Payment will listChecksthathaveheenpaid,buttheactualpaidCheekswill notbereturliedto you sectionof thisAgreement)Yourstatement copiesof paidChecksfromtheBank,anda copyingfeemaybecharged Youmayrequesl NewYorkandTexasandin otherstateswheresuchaccess Bankwill issueyoua Cardor Cardsfor usewiththeLineexceptin Connecticut, is limited ThewordCardcanmeanoneor morecreditcardsor Automated TellerMachine(ATM)cards.Youauthorize Bankto issueyoua Cardfor usewiththe goodsor servicesfrommerchants Linc Youmaypurchasc whohonortheCard You mayobtainAdvances fromBankor anyotherfinancialinstitution You may alsoobtainAdvances thathonorstheCard by usinga Personal Identification Number(PIN) for telephone bankmgor on-hnëbankmg AdvancesBankwill chargeall Advances toyourLinc cIselo uscyour Cardor PIN andyou wantto stopsuchuse,you mustlet Bankknowin writing If youallowsomeone You mustnotify Bank if yourCardsor PlNarelostor stolen,or youhelievethatsomepersonmaybeusingyourCard(s)or PINwithoutpertnissionYouwill not immediately useyourLineafternotifyingBankorioss,theRor unnuthorized Youwilt notbeheldliablefor anyunauthorized useof yourCard(s)or PlN useof the C1irdor PINafteryouhavenotifiedBankof thelossor thenhy phoneat l-800-533-6596 or in writingatNationalCily CardServices, P O Box4092, Michigan49003 (Otherwise Kalamazoo, you maybeliable,butnotfor morethun$50.) Bankmayterminate theuseof yourCard,PINor Checksif you loseyourCard,PINor Checkstwotiniesor morein a twelve-month period BankmayalsoIcrminatetheuseof yourCurdor PIN if yournew balance yourCredilLineby 2%or if youareoverlimitfor morethanonebillingcycle exceeds Bankwill havenoobligationto honoranyAdvanceby anymeansif theresultingnewbahti1ce of yourLinewouldoxceedyourCreditLine;or alterIhe DrawPeriodends;or mIkeeveniof termination or suspension of yourCreditLineundertheconditions described in thisAgrocment, anduponBank's requcalyouwill returnChecksand/orCards, Your Line maynot be usedfor luternetlottery,hellmgor gunih)ingtransactions or for uny illegal transactions Chilrgesfromforeignmerchnnis andimancialinstitutions maybemadein a foreigncurrencyBankwill bill you inU 5 Dollarsbasedontheexchange raiconthedayBankseltlesthetransaction, In thecaseof VISAAccoumstheexchange plusanyspecialcurrencyexchange charges, rateapphedlo cach suchIransaction isa rateselected hy Visafroma rangeof ratesevailable in wholesale currencymarkets for theapplicable centralproecssmg date,which rulemayvaryfromtherateVisaitselfreceives, or thegovernment-mandated ratein effectfor theapplicable dateIn addiiion,Bank ecutralprocessing will chargen foreigntransaction feeof I %of theconverted of thespecialcharges amount.Because andpossible differences in exchange ruleshelween thetimeBankscitlesandthetimeyouinlliatedIhetransaction, Ihetotalchargefora foreigntransaction maybegreaterthanthecashadvance or purchase al thetimeit wasmade Pinance Chargefor LineundFixedRnteLockAdvances