Motion for Order to Post in Mclp Asset Company, Inc. v. Joseph Giannini, Jeanette M Giannini, Brooke & Brady Llp, John Doe| Trellis.Law

On January 27, 2023 a Complaint,Petition was filed involving a dispute between Mclp Asset Company, Inc., and Brooke & Brady Llp, Jeanette M Giannini, John Doe, Joseph Giannini, for Real Property - Mortgage Foreclosure - Residential in the District Court of Dutchess County.

Preview
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
----------------------------------------------------------------X
MCLP ASSET COMPANY, INC. SUMMONS

Plaintiff,
vs
MORTGAGED PREMISES:
JOSEPH GIANNINI, JEANETTE M. 15 MARKET STREET
GIANNINI, BROOKE & BRADY LLP WAPPINGERS FALLS, NY 12590

JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)

Defendant(s).
----------------------------------------------------------------X

TO THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and
to serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days after the service of
this Summons, exclusive of the day of service, or within thirty (30) days after completion of service
where service is made in any other manner 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 hereof. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the Complaint.

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 the court, a
default judgment may be entered and you can lose your home.

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.

1 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

Sending a payment to your mortgage company will not stop this
foreclosure action.

YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON
THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY)
AND FILING THE ANSWER WITH THE COURT.

Dutchess County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.

DATED: December 13, 2022

/s/ Ashley M Pascuzzi
Ashley M Pascuzzi, Esq.
Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel.: (716) 204-1700

2 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
----------------------------------------------------------------X
MCLP ASSET COMPANY, INC. COMPLAINT

Plaintiff,
vs
MORTGAGED PREMISES:
JOSEPH GIANNINI, JEANETTE M. 15 MARKET STREET
GIANNINI, BROOKE & BRADY LLP WAPPINGERS FALLS, NY 12590

Defendant(s).
----------------------------------------------------------------X

The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s)
alleges upon information and belief as follows:

1. Plaintiff, MCLP ASSET COMPANY, INC. is incorporated under the laws of the
State of New York and the owner and holder of the subject note and mortgage or has been
delegated authority to institute this mortgage foreclosure action by the owner and holder of the
subject note and mortgage and has the right to foreclose. Attached here as Schedule A is a copy
of the original note.

2. On or about October 18, 2002, Joseph Giannini executed and delivered a note
whereby Joseph Giannini promised to pay the sum of $191,920.00 plus interest on the unpaid
amount due. The terms of the note were further modified.

3. As security for the payment of the note Joseph Giannini and Jeanette M. Giannini
duly executed and delivered a mortgage, in the amount of $191,920.00 which was recorded as
follows.

Recording Date: October 29, 2002
Instrument Number 01 2002 20309
Office of the Dutchess County Clerk

The mortgage was subsequently assigned to Wilmington Savings Fund Society, FSB,
doing Business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT
2015-13ATT.

3 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

Said Mortgage was subsequently modified by a Loan Modification Agreement executed
by Joseph Giannini and Jeanette M. Giannini on June 20, 2016 and recorded September 1, 2016
in Instrument Number 01-2016-5447 in the Office of the Dutchess County Clerk.

The mortgage was subsequently assigned to Wilmington Savings Fund Society, FSB,
d/b/a Christiana Trust, not in its individual capacity but solely in its capacity as Certificate
Trustee for NNPL Trust Series 2012-1.

4. The mortgaged property is known as 15 MARKET STREET, WAPPINGERS
FALLS, NY 12590. The tax map designation is Section 5956 Block 12 Lot 945586. Plaintiff is
foreclosing the land, buildings, and other improvements located on the property. The property is
more fully described in Schedule B attached to this complaint.

5. Joseph Giannini and Jeanette M. Giannini failed to comply with the conditions of the
note and mortgage by not making the payment that was due on March 1, 2022 and subsequent
payments.

6. There is now due and owing on the note and mortgage the following amounts:

Principal Balance: $210,403.69
Interest Rate: 6.75%
Date Interest Accrues from: February 1, 2022
There is now further due and owing on said mortgage the following deferred amount:

Deferred Balance: $55,284.55
Interest Rate: 0%

Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing,
inspections, posting of notices, maintenance and preservation of the property.

7. In order to protect the value of the property and its rights in the property, the Plaintiff
may have to pay additional taxes, assessments, water charges, insurance premiums and other
charges and the costs, allowances, expenses of sale, and reasonable attorney's fees for the
foreclosure. Plaintiff requests that any amount it pays, together with interest, be included in the
total amount due.

8. The defendant(s) may have an interest encumbering the property, which is either
subordinate to Plaintiff's mortgage, or paid in full, equitably subordinated, or adverse to
Plaintiff's mortgage. The interest of each defendant is set forth in "Schedule C" of this complaint.

9. The interest or lien of the United States of America, the State, City or local
government entity is set forth in "Schedule D" of this complaint.

10. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and
Proceedings Law and with all provisions of section 595-a of the Banking Law and any rules or
regulations promulgated there under, and, if applicable, sections 6-l or 6-m of the Banking law.

4 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

11. No separate pending action was brought to recover any part of the mortgage debt or
if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of
the Plaintiff to discontinue it.

WHEREFORE, PLAINTIFF DEMANDS:

a. Judgment accelerating the maturity of the debt and determining the amount due
Plaintiff for principal, interest, late charges, taxes, assessments, insurance,
maintenance and preservation of the property and other similar charges, together
with costs, allowances, expenses of sale, reasonable attorney's fees, all with
interest, pursuant to the terms of the Note and Mortgage.
b. That the property be sold at auction to the highest bidder in accordance with the
referee's terms of sale.
c. That the interest of the defendant(s) and all persons claiming by or through them
be foreclosed and their title, right, claim, lien, interest or equity of redemption to
the property be forever extinguished.
d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal,
interest, late charges, taxes, assessments, insurance, securing, inspections, posting
of notices, maintenance and preservation of the property, and other similar
charges, together with court costs, allowances, expenses of sale, and reasonable
attorney's fees, all with interest.
e. That the property be sold in as is condition and subject to the facts an inspection
or accurate survey of the property would disclose, covenants, restrictions,
easements and public utility agreements of record, building and zoning ordinances
and violations, and the equity of redemption of the United States of America.
f. That Plaintiff may purchase the property at the sale.
g. That a receiver be appointed for the property, if requested by Plaintiff.
h. That a deficiency judgment against Joseph Giannini and Jeanette M. Giannini, to
the extent allowable by law, for the amount that remains due after distribution of
the sale proceeds, unless the debt was discharged in a bankruptcy or is otherwise
uncollectable, be granted if requested by Plaintiff.
i. That if the Plaintiff possesses other liens against the property, they not merge with
the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be
allowed to share in any surplus proceeds resulting from the sale.
j. That the Court award Plaintiff additional relief that is just, equitable and proper.

DATED: December 13, 2022

/s/ Ashley M Pascuzzi
Ashley M Pascuzzi, Esq.
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221

5 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

Schedule A

Attached here as Schedule A is a copy of the original note. If applicable, certain non-public
personal information has been redacted from the attached document.

6 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

NOTE

OCTOBER 18, 2002 WAPPINGERS FALLS NEW YORK
[6atel [City] [Statel

15 MAREET STREET, WAPPINGERS FALLS, NY '12590 '.

DUPLICATE

1. BORROWER'S PROMISE TO PAY
ORIGINAL
In return for a loanthat [ have received, I promise to U.S. $ *****191, 920.00 (thisamount iscalled "Principal"),
pay
plus interest,to theorder of the Lender. The lander is WELLS FARGO HOME MORTGAGE, INC.

I will make allpayments under thisNote in thefonn of cash, check or money order.
I understand thatthe Lender may transfer thisNote. The Lender or anyone who takes this Note by trans'ferand who is
Holder."
entitled to receivepayments under thisNote is calledthe "Note '.

2. INTEREST
Interestwill be charged on unpaid principal untilthe fullamount of Principal has been paid. I willpay interestat a yearly
rateof 6.375 %.
The interestrate requiredby this Section 2 is therate I willpay both before and after any default described in Section 6(B)
of thisNote.

3. PAYMENTS
(A) Time and Place of Payments
I willpay principal and interestby making a payment every month.
Iwill make my payment on the FIRST of each month beginning on DECEMBER 01, 2002 .I will
monthly day
make these payments every month untilI have paid allof the principaland interestand any other charges described below that I

may owe under this Note. Each monthly payment willbe applied as of itsscheduled due date and willbe applied to interest
before Principal. If,on NOVEMBER 01, 2032 , owe
[ still amounts under this Note, I willpay those amounts in fullon
Date."
that date,which iscalled the "Maturity
I willmake my payments atWHLLS FARGO HOME MORTGAGE, INC. , P.O. BOX 10304, DES
monthly
MOINES, IA 503060304 or ata differentplace ifrequired by the Note Holder.

(B) Amount of Monthly Payments
My monthly payment will be in theamount of U.S. $ ********1,197.33.

4. BORROWER'S RIGHT TO PREPAY
Ihave theright to make payments of Principal at any time before they are due. A payment of Principal only isknown as a
"Prepayment."
When I make a Prepayment, I will tellthe Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment ifI have not made allthe monthly payments due under the Note.
Imay make a fullPrepayment or partialPrepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid intereston the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If Imake a partialPrepayment, there willbe no changes inthe due date or in the amount of my
monthly payment unlessthe.Note Holder agrees inwriting to those changes.

NEW YORK FlXED RATE NOTE-Single Family-FannieMae/Freddle Mac UNIFORM INSTRUMENT

"5NINY) tooost Form 3233 1/01
VMPMORTGAGE FORMS- (800)521-7291

Page1 of 3 Initials: .

7 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

5. LOAN CHARGES
Ifa law, which applies to thisloan and which setsmaximum loan charges, isfinally interpretedso thatthe interest or other
loan charges collected or to be collectedin connection with thisloan exceed the permitted limits, then:(a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a directpayment to me. Ifa refund reduces Principal,the reduction will be treated
Prepayment.
as a partial

6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
Ifthe Note Holder has not received the fullamount of payment by the end of 15 calendar days
any monthly
after the date itisdue, I will a latecharge to the Note Holder. The amount of the charge will be 2.000 % of
pay
my overdue payment of principal and interest.I will pay this latecharge promptly but only once on each latepayment.

(B) Default
IfI do not pay the fullamount of each monthly payment on the date itis due, I willbe in default.

(C) Notice of Default
If Iam in default,the Note Holder may send me a written notice telling me that ifI do not pay the overdue amount by a
certain date, the Note Holder may require me topay immediately the full amount of Principal which has not been paid and all
the interestthat I owe on that amount. That date must be at least30 days after the dateon which the notice ismailed to me or
delivered by other means.

(D) No Waiver By Note Holder
Even if,at a time when I am in default, the Note Holder does not require me to pay immediately in fullas described
above, theNote Holder willstillhave theright to do so ifI am in default at a later
time.

(E) Payment of Note Holder's Costs and Expenses
Ifthe Note Holder has required me to pay immediately in fullas described above, the Note Holder willhave the right to
be paid back by me for allof itscosts and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
attorneys'
expenses include, forexample, reasonable fees.

7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note willbe given by
delivering itor by mailing itby firstclassmail tome at the Property Address above or at a differentaddress ifI give the Note
Holder a noticeof my different address.
Any notice thatmust be given to the Note Holder under this Note will be given by delivering itor by mailing itby first
class mail to the Note Holder at the address stated in Section 3(A) above or at a differentaddress ifI am given a notice of that
different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs this Note, each person is fullyand personally obligated to keep allof the promises made in
thisNote, including the promise to pay the fullamount owed. Any person who is aguarantor, surety or endorser of thisNote is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of thisNote, isalso obligated to keep allof the promises made inthis Note. The Note Holder may enforce itsrights
under thisNote against each person individually or againstallof us together. This means thatany one of us may be required to

pay all ofthe amounts owed under thisNote.

9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" Dishonor"
means the right to require the Note Holder to demand payment of amounts due. "Notice of means the
right to requirethe Note Holder to give notice to other persons that amounts due have not been paid.

Form 3p2 1/01
-5N{NY) ND05) Page2 of 3 initials

8 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variationsin some jurisdictions. In addition to the protections given to the
Note Holder under thisNote, a Mortgage, Deedtof Trust, or Security Deed (the "Security Instrument"), dated the same date as
thisNote, protects the Note Holder from possible losses which might resultifI do not keep the promises which Imake inthis
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of allamounts I owe under thisNote. Some of those conditions are described as follows:
Lender may require immediate payment in fullof allSums Secured by thisSecurity Instrument if allor

any partof the Property, or ifany rightin the Property, issold or transferred without Lender's prior written
permission. If Borrower is not a natural person and a beneficial interestin Borrower is sold or transferred
Lender's prior written Lender require in full. this·
without permission, alsomay immediate payment However,
option shallnot be exercised by Lender ifsuch exercise isprohibited by Applicable Law.
IfLender requires immediate payment in fullunder thisSection 18,Lender will give me a notice which
statesthis requirement. The notice will give me at least30 days to make the required payment. The 30-day
period will begin on the date the notice is given to me in themanner required by Section 15 of this Security
Instrument. If Ido not make the required payment during thatperiod, Lender may act to enforce itsrights
under thisSecurity Instrument without giving me any further noticeor demand for payment.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.

JO PH ÓIANNINI -Borrower -Borrower

-Borrower -Borrower

(Seal) (Seal)
-Barrower -Borrower

(Seal) (Seal)
-Borrower -Barrower

[Sign Original OnlyJ
WITHOUT RECOURSE
PAY TO THE ORDER OF

WEL FARGO HOME MORTGAGE, INC.

Joan ills
Vice President

5N(NY) tooam Page3 of a Form 3233 1/o1

9 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

Schedule B – Legal Description

ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Town of Wappinger, County of Dutchess and State of
New York, being bounded and described as follows:

BEGINNING at a point on the Easterly line of the NY Central and Hudson River Railroad (now
the MTA Railroad), marking the Northwesterly corner of the herein described parcel and the
Southwesterly corner of the lands of Joseph P. and Hazel B. Van Tassel (Liber 1279 Cp 621);

RUNNING THENCE Southwesterly along the Easterly line of the railroad property, South 43
degrees 00 minutes 00 seconds West 150.20 feet to a point marking the Southwesterly corner of
the herein described parcel and the Northwesterly corner of the lands of William R. and Marie U.
Weyant (Liber 752 Cp 159);

THENCE Easterly along the division line between the lands of Weyant and the herein described
parcel, South 66 degrees 45 minutes 00 seconds East, 215.80 feet to a point on the Westerly line
of Market Street, marking the Southeasterly corner of the herein described parcel and the
Northeasterly corner of the lands of Weyant;

THENCE Northerly along the Westerly line of Market Street, North 24 degrees 30 minutes 00
seconds East, 139.00 feet to an iron pipe found set marking the Northeasterly corner of the herein
described parcel and the Southeasterly corner of the lands of Van Tassel;

THENCE Westerly along the division line between the lands of Van Tassel and the herein
described parcel, North 65 degrees 55 minutes 58 seconds West, 168.09 feet to the point or place
of BEGINNING.

10 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

Schedule C – Defendants

Joseph Giannini Borrower

Jeanette M. Giannini Borrower

Brooke & Brady LLP Holder of a judgment(s)

11 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

Schedule D – Defendants

NONE

12 of 13
FILED: DUTCHESS COUNTY CLERK 01/27/2023 11:09 AM INDEX NO. 2023-50334
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
----------------------------------------------------------------X
MCLP ASSET COMPANY, INC.

Plaintiff,

vs.

JOSEPH GIANNINI AND JEANETTE M.
GIANNINI, et al.

Defendants.
----------------------------------------------------------------X

SUMMONS AND COMPLAINT

----------------------------------------------------------------X

GROSS POLOWY, LLC
Attorney for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221

13 of 13

Case Info

Judge

Lisa E Rubenstein Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

January 27, 2023

Case Filing Date

January 27, 2023

County

Parties

BROOKE & BRADY LLP Defendant
GAZZO, NICOLE CAROL Attorney for the Plaintiff
GOLDBERG, BRIAN DAVID Attorney for the Plaintiff
Jeanette M Giannini Defendant
John Doe Defendant
Joseph Giannini Defendant
JUREK, AMBER AUGUSTINE Attorney for the Plaintiff
MCLP ASSET COMPANY, INC. Plaintiff
PASCUZZI, ASHLEY MARIE Attorney for the Plaintiff
POLOWY, AMY E. Attorney for the Plaintiff
ROSS ROSENBERG Attorney

For full print and download access, please subscribe at https://www.trellis.law/.

Complaint,Petition: Mclp Asset Company, Inc. v. Joseph Giannini, Jeanette M Giannini, Brooke & Brady Llp, John Doe

Preview

Related Topics

Case Info

Parties