Preview
FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-----------__-___---__-------------------___---------X
NATIONSTAR MORTGAGE LLC D/B/A MR. SUMMONS
COOPER
Plaintiff,
vs
INDEX #:
WESTCHESTER COUNTY CLERK, LEAH D.
CLINTON, BARBARA A. DESOUZA, JOHN ORIGINAL FILED WITH THE
P. DESOUZA, CLERK ON:
MORTGAGED PREMISES:
Defendant(s). 19 Lincoln Terrace
Yonkers, NY 10701
------------------------------------------------------X
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled 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
forthe relief demanded in the Complaint.
Westchester County is designated as the place of the trial.The basis of venue is the location of
the mortgaged premises.
DATED: 6/14/22 /s/Austin R. Caster
Austin R. Caster, Esq.
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-----------------------------------------------X
NATIONSTAR MORTGAGE LLC D/B/A MR. COMPLAINT
COOPER
Plaintiff,
vs
INDEX #:
WESTCHESTER COUNTY CLERK, LEAH D.
CLINTON, BARBARA A. DESOUZA, JOHN MORTGAGED PREMISES:
P. DESOUZA, 19 Lincoln Terrace
Yonkers, NY 10701
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, Nationstar Mortgage LLC d/b/a Mr. Cooper is a limited liability company
organized and existing under the laws of the State of Delaware and the owner and holder of the
subject note and mortgage or has been delegated authority to institute this action by the owner
and holder of the subject note and mortgage.
2. On November 1, 2006, Paul Shivers and Yvonne Shivers ("Prior Owners") executed
and delivered a note whereby they promised to pay the sum of $400,000.00 plus interest on the
unpaid amount due.
3. As security for the payment of the note the Borrowers duly executed and delivered a
mortgage in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Flagstar
Bank, FSB in the amount of $400,000.00, which was recorded January 18, 2007 as Control
Number 463530720 ("First Mortgage"). A copy of the First Mortgage is attached hereto as
Schedule A.
4. On August 23, 2011, the Borrowers executed a second mortgage in favor of
Mortgage Electronic Registration Systems, Inc. as nominee for Nationstar Mortgage LLC in the
amount of $15,304.37 ("Second Mortgage"). The Second Mortgage was recorded on October 4,
2011 as Control Number 512633197. A copy of the Second Mortgage is attached hereto as
Schedule B.
5. Also on August 23, 2011, the Borrowers executed a consolidation, extension and
modification agreement in favor of Mortgage Electronic Registration Systems, Inc. as nominee
for Nationstar Mortgage LLC ("CEMA"), which consolidated the First and Second Mortgages
into a single lien in the amount of $395,550.00. The CEMA was recorded on October 17, 2011
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as Control Number 512783364. The CEMA created a gap in the assignment chain as the First
Mortgage was not assigned from Mortgage Electronic Registration Systems, Inc. as nominee for
Flagstar Bank, FSB to Mortgage Electronic Registration Systems, Inc. as nominee for Nationstar
Mortgage LLC. A copy of the CEMA is attached hereto as Schedule C.
6. On September 15, 2011, upon information and belief due to mistake an erroneous
satisfaction was executed by Mortgage Electronic Registration Systems, Inc. as nominee for
Flagstar Bank, FSB to release only the First Mortgage ("Erroneous Satisfaction"). The First
Mortgage was not in fact satisfied at the time but instead consolidated with the Second Mortgage
into the CEMA. The Erroneous Satisfaction was recorded September 20, 2011 at Control
Number 512583325. A copy of the Erroneous Satisfaction is attached hereto as Schedule D.
7. On October 20, 2014 an assignment of mortgage was executed transferring the
CEMA from Mortgage Electronic Registration Systems, Inc. as nominee for Nationstar
Mortgage LLC to Nationstar Mortgage LLC ("First Assignment"). The First Assignment was
recorded on October 28, 2014 at Control Number 542933054. A copy of the First Assignment is
attached hereto as Schedule E.
8. On February 24, 2015, a Loan Modification Agreement was executed in favor of
Nationstar Mortgage LLC ("Loan Modification"). The Loan Modification was recorded October
21, 2015 at Control Number 552933497. A copy of the Loan Modification is attached hereto as
Schedule F.
9. On August 7, 2018 a gap assignment of mortgage was executed to correct the gap in
the mortgage chain between Mortgage Electronic Registration Systems, Inc. as nominee for
Flagstar Bank, FSB and Mortgage Electronic Registration Systems, Inc. as nominee for
Nationstar Mortgage LLC ("Gap Assignment"). The Gap Assignment was recorded on August
10, 2018 at Control Number 582223195. A copy of the Gap Assignment is attached hereto as
Schedule G.
10. Full payment was received in satisfaction of the CEMA.
11. That due to the Erroneous Satisfaction of only the First Mortgage, the Westchester
County Clerk will not accept a satisfaction of mortgage to release the CEMA. Plaintiff attempted
to record a Corrective Discharge of Mortgage, however, itwas rejected for recording by the
Westchester County Clerk. Copies of the Corrective Satisfaction and Rejection Notice are
attached hereto as Schedule H.
12. On October 17, 2019, the Subject Property was transferred from the Prior Owners to
Yonkers Properties, LLC via a deed recorded October 30, 2019 at Control Number 592763095
("Yonkers Deed"). A copy of the Yonkers Deed is attached hereto as Schedule I.
13. On October 20, 2021 the Subject Property was transferred from Yonkers Properties
LLC to Leah D. Clinton, Barbara A. DeSouza, and John P. Desouza via a deed recorded October
22, 2021 at Control Number 612743529 ("Clinton Deed"). A copy of the Clinton Deed is
attached hereto as Schedule J.
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14. The Subject Property isknown as 19 Lincoln Terrace, Yonkers, NY 10701. The tax
map designation is SBL: 2. - 2150 - 22. The property is more fully described in Schedule K
attached to this complaint.
15. This action is brought pursuant to RPL 329 to expunge the Erroneous Satisfaction
recorded September 20, 2011 at Control Number 512583325 and have the First Mortgage
recorded January 18, 2007 as Control Number 463530720, the Second Mortgage recorded on
October 4, 2011 as Control Number 512633197, the CEMA recorded on October 17, 2011 as
Control Number 512783364, and the Loan Modification recorded October 21, 2015 at Control
Number 552933497 canceled of record.
16. A judgment will not affect a person or persons not in being or ascertained at the
commencement of this action, who by any contingency contained in a devise or grant or
otherwise, could afterward become entitled to a beneficial estate or interest in the property
involved.
17. No personal claim is made, in this action against any Defendant other that a
Defendant who shall assert a claim adverse to the claim of Plaintiff set forth in this Complaint.
18. The reason for naming the Defendants is set forth in Schedule L.
WHEREFORE, PLAINTIFF DEMANDS:
a. Judgment expunging the Erroneous Satisfaction recorded September 20, 2011 at
Control Number 512583325;
b. Judgment canceling the First Mortgage recorded January 18, 2007 as Control
Number 463530720, the Second Mortgage recorded on October 4, 2011 as
Control Number 512633197, the CEMA recorded on October 17, 2011 as Control
Number 512783364, and the Loan Modification recorded October 21, 2015 at
Control Number 552933497 from the record;
c. Judgment directing the Westchester County Clerk to record a certified copy of the
Judgment in the land records to reflect the expungement of the Erroneous
Satisfaction recorded September 20, 2011 at Control Number 512583325 and the
cancelation of the First Mortgage recorded January 18, 2007 as Control Number
463530720, the Second Mortgage recorded on October 4, 2011 as Control
Number 512633197, the CEMA recorded on October 17, 2011 as Control
Number 512783364, and the Loan Modification recorded October 21, 2015 at
Control Number 552933497;
d. That the Court award Plaintiff additional relief that is just,equitable and proper.
___/s/Austin R. Caster
Austin R. Caster, Esq.
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
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Schedule A - First Mortgage
5 of 117
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Instrument Type
R
WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE
(THIS PAGE FORMS PART OF THE INSTRUMENT)
*** ***
DO NOT REMOVE
SEA "
THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT: MTG - MORTGAGE
FEE PAGES: 13 TOTAL PAGES: 13
RECORDING FEES MORTGAGE TAXES
STATUTORY CHARGE $6.00 MORTGAGE DATE 11/1/2006
RECORDING CHARGE $39.00 MORTGAGE AMOUNT $400,000.00
RECORD MGT. FUND $19.00 EXEMPT Yes
RP 5217 $0.00
TP-584 $0.00 COUNTY TAX $1,000.00
YONKERS TAX $2,000.00
CROSS REFERENCE $0.00
BASIC $2,000.00
MISCELLANEOUS $0.00
ADDITIONAL $1,170.00
TOTAL FEES PAID $64.00
MTA $1,000.00
SPECIAL $0.00
TRANSFER TAXES
TOTAL PAID $7,170.00
CONSIDERATION $0.00
TAX PAID $0.00 SERIAL NUMBER: CX49128
TRANSFER TAX # DWELLING: 1-2 Family
RECORDING DATE: 1/18/2007 THE PROPERTY IS SITUATED IN
TIME: 14:44:00 WESTCHESTER COUNTY, NEW YORK IN THE:
CITY OF YONKERS
WITNESS MY HAND AND OFFICIAL SEAL
Record & Return to:
TIMOTHY C. ]DONI
WESTCHESTER COUNTY CLERK FLAGSTAR BANK FSB
5151 CORPORATE DR
TROY, NY 48098
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A r Recording Return To:
n.assTaR maxx
5151 CORPORATEDRIVE
TRoE ,MI 48098
FINAL DOCUMENTS , tAIL STOP W-530w3
V1 WBCD LOAN # . .
[spaceAboveThis UheFor RecordingData]
MORTGAGE
WOI%DSUSED O IN THIS DOCUMENT
50VsMBER 1, 2006 , tdgether with all Riders
(A) "Geourity This document, which is dated
will
to this document, called the "Security Instrument
"Borrower." AND 2V018t8 SSXVERS, Busband and Wife ,
(B) PAUL 5HIVERS
whose addressis 19 INCOLN TERRACE·, EoBKERS, N2 1o701,
"Borrower" "l" "
sometimeswill be and sometimes simply or "me
"MERS" Ino. that is acting solely as/
MERSis a separate corporation
Is M Registration
Electronic Systems,
(C) MERSis organized underthelawsof Delaware,
andmineeforLanderand andassigns.
Lander'ssuccessors andexisling
MI 48501-2026,tel.
(é88)679-MERS. FOR
and has an address number
nd telephone of P.O.Box 2026, Flint,
THIS MORTGAGE, MERS ISTHE MORTGAGEE OF RECORD.
PURPOSES OF RECORDING
"Londer." PLRdSTAR BANK, PSB,
(D)
"Lender."
. will be called
underthe lawsof .uszTED sTATES oF AMERICA.
or which
association
Lender is a corporatioÆ exists
5,151CORPORATEDR, TROf , MI 48098-2639.
Lender's address is
"Note." The
"Note." will be cated the
WOVEMBER1, N0/100*******************************
2006,
(E) Thenote nod by Borrower and dated
Lander FOiJR HUNDREDTit0USAND AND
Note shows that I owet****************************6************ $400,000.00
**************** Dollars (U.S. )
promised to PeriodicPaymentsand
this debtin to pay
and
plus Interest otheramountsthatmaybe Ihave
payable. pay
DECEMBER1,
the debt in full by 2036. . Property." will be called the
"Property."The described
thatis belowInthe section titled "Description of the
(F) psoperty
"Property."
andlatecharges
"Loan evidenced by theNote,
means thedebt any prepaymentcha'rges
plusinterest,
(G) "Loan."The plusInterest
due under the Note, apd all sums due under this Security Instrument
Secured."Theamounts titled "Borrower's Transfer to Lander of Rights in the
thesection
describedbelowin
(H)"Sume Secured."
Property" sometimes
vill be called the "Sums "RIders." The.
by Borrower will be called
All Riders attached to this Security Instrument that are signed
"Riders."
(1) to' applicablej:
followinRiders are be signedby Borrower [check box as OSecond Home Rider
AdjustableR te Rider QCondominium Rider -
¤Planned Unit DevelopmentRider ¤Other(s) [speoitý]
Balloon Riderj
1-4 Family Rider OBiweekly Payment Rider
y.A.Rider
" stateand localstatutes, ordinances
regulations, and
"AppilcableLaw applicable
All controlling tederal,
(J) wellasallappli judicial
able final, non-appealable,
rules
administrative d orders have
(that the of
effect law)as
Law."
"Appitcable
opinions will be calle Assessments." and other charges that
All dues, fees, assessments
clationDues,Fees,and
(K) "Community condominium homeowners
association, or
association similar
are Imposed on B or the by
Property a Assessments." '
organization will be "Community Dues, Fees, and
Association
Ferm3o331/o1 Initiale u
annieMae/FraddleMaouNIFoRMINsTRuMENT
New YoRK-slpgleFamBy.4, otos
oneneocaumenna.1na.
e 1ses-sooe Page 1 of 10
7 of 117
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. .
1
I
..
* vi wac6 z;oAN #
(L)3DoctronIoFunds Transfer any transfer of money, other!than by chec
" "Electronic Funds Transfer"means ,
. electronic telephonic computer,
instryment, or
or simliar paper which
instrument, is through
initiated an terminal,
orauthorize
a institution
financial todebit
orcredit an account. Some common
.
magnetictape so as to prder, instruct,
(where e card such as an asset or debit card is used
examples of an Electronic Funds Transfer are point-of-sale transfers and
autom
at a merchant), ted teller machine by telephone, wire transfers,
transfers initiated
(or ATM) transactions,
automatedclearinghousetransfers.
(M)"Eacrow
Items." in Section a will be called "Escrow Items.":
TI½oseItems that are described
Proceeda." Proceeds" means settlemen!, award of damages,
"Miscellaneous any compensation,
(N) "Miscellaneous as andpaidunder the coveragedescribed
orproceeds Proceeds
Insurance
paid byany third party (other than definedin,
damage ordestruction
of,theProperty; Condemnation
(ii) or other taking of all or any part of the
inSection5)for(i) to,
or (iv) misrÆpresentations of, or
or sale to avoid Condemnation;
In IIeu of Condemnation
(ill) conveyen'ce
Property;
value
omissions as to, the and/or of
condition theProperty.
AtakingoftheProperty
byany gov.orImental
authority by
"Condemnation." .
eminent domainIs knoym as
Insurance." Insurance"
means Insurance protecting enonpayment
Lander against t of, or
"Mortgage
(0) "Mortgage
default on, the Loan.
Payment." amount due for (i) principal and Interest under,the Note, and (11)any
The regularly scheduled Payment"
(P) "Periodio
amounts under Sectiori 3 will be called "Periodic §2é01 et and its
"RESPA." "RESPf" means the Settlement
Real Estate ProceduresAct (12 U.S.C. seq.)
(0) as might be amended time to time, or any
from;
X
Regulation
regulatio,n, (24C.F.R.Part3500), they
implementing In this Security
matter. As tised
additional
or successorlegislation that govems
or regulation the same subject
"RESPA" refers to all requirements that
restrictions areimposed inregardto a related
"Ibderally
Instrument, and Ioan" under RESPA.
loan" even if the Loan does not qualify as a "federally related mortgage
mortgage
BORROWER'S TRAN FER TO LENDER OF RIGHTS IN THE PROPERTY
MERS (solely as nominee for I.snder and Lander's successors in interest)
grant and
I mortgage, nvey the Property to
This means that, by signing this Security
rest subject to the terms of this Security Instrument
and its successors
In
that
rights
those are and also thoserights thatApplicable
stated In this SecurityInstrument
Iam
Instrument, givingLender
Iam I.ender from
Lender these rights to protect
landers
Law gives to v)hoholdmortgages on property,
real giving
ght
possible losses that m If
result I to:
fall
limited to, all.renewals, extensions
owe Londpr as stated in the Note including, butnot
(A) Pay alithe amounts that I
bf the Note;
and modifloations
' under this Security Instrument to prbtect the value of the
st, any amounts that Lender spends
(B) Pay, with inte
Property and Lend's rights in the Property; and
under this Security Instrument and the Note.
ther promises and agreements
(C) Keep all of my if
the rights granted by me in this Security Instrument, but,
and agreethatMERS holds
onlylegal to
title
I understand Lander's successors,and assigns) has the
w)th
lawor custom,MERS (asnomineeforLanderand
necessary to comply . .
right: toforeclose andisell the Property; and
but
Including, notlimited the
to, right
(A) to exercise any or all of those rights, this Security
and canceling
of lander but not limited
including, to, releasing
any adti.·on required
(B) to take
Instrument
DESCRIPTION OF ThtE PROPERTY
in Interest) rights in the Property dèscribed
for Lender and Lender's successors
in (A)
I give MERS (solely ashominee
through(G)below:
located at19 Lincoln Terrace , YONKERS,
(A) The Property which is isrreetltcity, Townor village]
New Yorlt10701.
.
lZlpCode]
westchester . . County. It has the follov Ing leg al description:
. " This Property is in
ATTACHED HERETO AND MADE A PART itBREoF
LEGAL DESCItXP 20B
( .
.
(A) of thissection;
insubse4tion
Propertydescribed
. (B) Allbuildings other improvements thatare located on the
and,
ottler in subsection (A) of this section, These
that Ihave as ownerof the Property described
.
(C)Allrights
in property Property;"
and appurtenancesattached to the :
rights are Imown as "easements described
that
rights haveinthelandwhichIlesInthestreets or roads in front of, or next to, the Property
(D) All
in subsection
(A) this section;
(A)!and (B) of this section;
the Property described in subsectiors
,are now orin thefuturewillboon
(E) All fixtures subsections through ofthis acquire in the firture;
tha(I
section
described in (B) (E)
(F) All of the rights and property
and
subsections
to of or additions to the Property described in (P) of this section and all
(B) through
(G) All replaceme of the Property Ibad In subsections
Insurance Proces for loss or damage to, and an MiscellaneousProceeds
(A)though of
(F) issection.
Form30331/01 Ini 4m1a ·"
Preview
FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------__-___---__-------------------___---------X NATIONSTAR MORTGAGE LLC D/B/A MR. SUMMONS COOPER Plaintiff, vs INDEX #: WESTCHESTER COUNTY CLERK, LEAH D. CLINTON, BARBARA A. DESOUZA, JOHN ORIGINAL FILED WITH THE P. DESOUZA, CLERK ON: MORTGAGED PREMISES: Defendant(s). 19 Lincoln Terrace Yonkers, NY 10701 ------------------------------------------------------X TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled 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 forthe relief demanded in the Complaint. Westchester County is designated as the place of the trial.The basis of venue is the location of the mortgaged premises. DATED: 6/14/22 /s/Austin R. Caster Austin R. Caster, Esq. Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 1 of 117 FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------------------------------------------X NATIONSTAR MORTGAGE LLC D/B/A MR. COMPLAINT COOPER Plaintiff, vs INDEX #: WESTCHESTER COUNTY CLERK, LEAH D. CLINTON, BARBARA A. DESOUZA, JOHN MORTGAGED PREMISES: P. DESOUZA, 19 Lincoln Terrace Yonkers, NY 10701 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, Nationstar Mortgage LLC d/b/a Mr. Cooper is a limited liability company organized and existing under the laws of the State of Delaware and the owner and holder of the subject note and mortgage or has been delegated authority to institute this action by the owner and holder of the subject note and mortgage. 2. On November 1, 2006, Paul Shivers and Yvonne Shivers ("Prior Owners") executed and delivered a note whereby they promised to pay the sum of $400,000.00 plus interest on the unpaid amount due. 3. As security for the payment of the note the Borrowers duly executed and delivered a mortgage in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Flagstar Bank, FSB in the amount of $400,000.00, which was recorded January 18, 2007 as Control Number 463530720 ("First Mortgage"). A copy of the First Mortgage is attached hereto as Schedule A. 4. On August 23, 2011, the Borrowers executed a second mortgage in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Nationstar Mortgage LLC in the amount of $15,304.37 ("Second Mortgage"). The Second Mortgage was recorded on October 4, 2011 as Control Number 512633197. A copy of the Second Mortgage is attached hereto as Schedule B. 5. Also on August 23, 2011, the Borrowers executed a consolidation, extension and modification agreement in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Nationstar Mortgage LLC ("CEMA"), which consolidated the First and Second Mortgages into a single lien in the amount of $395,550.00. The CEMA was recorded on October 17, 2011 2 of 117 FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 as Control Number 512783364. The CEMA created a gap in the assignment chain as the First Mortgage was not assigned from Mortgage Electronic Registration Systems, Inc. as nominee for Flagstar Bank, FSB to Mortgage Electronic Registration Systems, Inc. as nominee for Nationstar Mortgage LLC. A copy of the CEMA is attached hereto as Schedule C. 6. On September 15, 2011, upon information and belief due to mistake an erroneous satisfaction was executed by Mortgage Electronic Registration Systems, Inc. as nominee for Flagstar Bank, FSB to release only the First Mortgage ("Erroneous Satisfaction"). The First Mortgage was not in fact satisfied at the time but instead consolidated with the Second Mortgage into the CEMA. The Erroneous Satisfaction was recorded September 20, 2011 at Control Number 512583325. A copy of the Erroneous Satisfaction is attached hereto as Schedule D. 7. On October 20, 2014 an assignment of mortgage was executed transferring the CEMA from Mortgage Electronic Registration Systems, Inc. as nominee for Nationstar Mortgage LLC to Nationstar Mortgage LLC ("First Assignment"). The First Assignment was recorded on October 28, 2014 at Control Number 542933054. A copy of the First Assignment is attached hereto as Schedule E. 8. On February 24, 2015, a Loan Modification Agreement was executed in favor of Nationstar Mortgage LLC ("Loan Modification"). The Loan Modification was recorded October 21, 2015 at Control Number 552933497. A copy of the Loan Modification is attached hereto as Schedule F. 9. On August 7, 2018 a gap assignment of mortgage was executed to correct the gap in the mortgage chain between Mortgage Electronic Registration Systems, Inc. as nominee for Flagstar Bank, FSB and Mortgage Electronic Registration Systems, Inc. as nominee for Nationstar Mortgage LLC ("Gap Assignment"). The Gap Assignment was recorded on August 10, 2018 at Control Number 582223195. A copy of the Gap Assignment is attached hereto as Schedule G. 10. Full payment was received in satisfaction of the CEMA. 11. That due to the Erroneous Satisfaction of only the First Mortgage, the Westchester County Clerk will not accept a satisfaction of mortgage to release the CEMA. Plaintiff attempted to record a Corrective Discharge of Mortgage, however, itwas rejected for recording by the Westchester County Clerk. Copies of the Corrective Satisfaction and Rejection Notice are attached hereto as Schedule H. 12. On October 17, 2019, the Subject Property was transferred from the Prior Owners to Yonkers Properties, LLC via a deed recorded October 30, 2019 at Control Number 592763095 ("Yonkers Deed"). A copy of the Yonkers Deed is attached hereto as Schedule I. 13. On October 20, 2021 the Subject Property was transferred from Yonkers Properties LLC to Leah D. Clinton, Barbara A. DeSouza, and John P. Desouza via a deed recorded October 22, 2021 at Control Number 612743529 ("Clinton Deed"). A copy of the Clinton Deed is attached hereto as Schedule J. 3 of 117 FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 14. The Subject Property isknown as 19 Lincoln Terrace, Yonkers, NY 10701. The tax map designation is SBL: 2. - 2150 - 22. The property is more fully described in Schedule K attached to this complaint. 15. This action is brought pursuant to RPL 329 to expunge the Erroneous Satisfaction recorded September 20, 2011 at Control Number 512583325 and have the First Mortgage recorded January 18, 2007 as Control Number 463530720, the Second Mortgage recorded on October 4, 2011 as Control Number 512633197, the CEMA recorded on October 17, 2011 as Control Number 512783364, and the Loan Modification recorded October 21, 2015 at Control Number 552933497 canceled of record. 16. A judgment will not affect a person or persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved. 17. No personal claim is made, in this action against any Defendant other that a Defendant who shall assert a claim adverse to the claim of Plaintiff set forth in this Complaint. 18. The reason for naming the Defendants is set forth in Schedule L. WHEREFORE, PLAINTIFF DEMANDS: a. Judgment expunging the Erroneous Satisfaction recorded September 20, 2011 at Control Number 512583325; b. Judgment canceling the First Mortgage recorded January 18, 2007 as Control Number 463530720, the Second Mortgage recorded on October 4, 2011 as Control Number 512633197, the CEMA recorded on October 17, 2011 as Control Number 512783364, and the Loan Modification recorded October 21, 2015 at Control Number 552933497 from the record; c. Judgment directing the Westchester County Clerk to record a certified copy of the Judgment in the land records to reflect the expungement of the Erroneous Satisfaction recorded September 20, 2011 at Control Number 512583325 and the cancelation of the First Mortgage recorded January 18, 2007 as Control Number 463530720, the Second Mortgage recorded on October 4, 2011 as Control Number 512633197, the CEMA recorded on October 17, 2011 as Control Number 512783364, and the Loan Modification recorded October 21, 2015 at Control Number 552933497; d. That the Court award Plaintiff additional relief that is just,equitable and proper. ___/s/Austin R. Caster Austin R. Caster, Esq. Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 4 of 117 FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 Schedule A - First Mortgage 5 of 117 FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 Instrument Type R WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE (THIS PAGE FORMS PART OF THE INSTRUMENT) *** *** DO NOT REMOVE SEA " THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT: MTG - MORTGAGE FEE PAGES: 13 TOTAL PAGES: 13 RECORDING FEES MORTGAGE TAXES STATUTORY CHARGE $6.00 MORTGAGE DATE 11/1/2006 RECORDING CHARGE $39.00 MORTGAGE AMOUNT $400,000.00 RECORD MGT. FUND $19.00 EXEMPT Yes RP 5217 $0.00 TP-584 $0.00 COUNTY TAX $1,000.00 YONKERS TAX $2,000.00 CROSS REFERENCE $0.00 BASIC $2,000.00 MISCELLANEOUS $0.00 ADDITIONAL $1,170.00 TOTAL FEES PAID $64.00 MTA $1,000.00 SPECIAL $0.00 TRANSFER TAXES TOTAL PAID $7,170.00 CONSIDERATION $0.00 TAX PAID $0.00 SERIAL NUMBER: CX49128 TRANSFER TAX # DWELLING: 1-2 Family RECORDING DATE: 1/18/2007 THE PROPERTY IS SITUATED IN TIME: 14:44:00 WESTCHESTER COUNTY, NEW YORK IN THE: CITY OF YONKERS WITNESS MY HAND AND OFFICIAL SEAL Record & Return to: TIMOTHY C. ]DONI WESTCHESTER COUNTY CLERK FLAGSTAR BANK FSB 5151 CORPORATE DR TROY, NY 48098 6 of 117 FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 A r Recording Return To: n.assTaR maxx 5151 CORPORATEDRIVE TRoE ,MI 48098 FINAL DOCUMENTS , tAIL STOP W-530w3 V1 WBCD LOAN # . . [spaceAboveThis UheFor RecordingData] MORTGAGE WOI%DSUSED O IN THIS DOCUMENT 50VsMBER 1, 2006 , tdgether with all Riders (A) "Geourity This document, which is dated will to this document, called the "Security Instrument "Borrower." AND 2V018t8 SSXVERS, Busband and Wife , (B) PAUL 5HIVERS whose addressis 19 INCOLN TERRACE·, EoBKERS, N2 1o701, "Borrower" "l" " sometimeswill be and sometimes simply or "me "MERS" Ino. that is acting solely as/ MERSis a separate corporation Is M Registration Electronic Systems, (C) MERSis organized underthelawsof Delaware, andmineeforLanderand andassigns. Lander'ssuccessors andexisling MI 48501-2026,tel. (é88)679-MERS. FOR and has an address number nd telephone of P.O.Box 2026, Flint, THIS MORTGAGE, MERS ISTHE MORTGAGEE OF RECORD. PURPOSES OF RECORDING "Londer." PLRdSTAR BANK, PSB, (D) "Lender." . will be called underthe lawsof .uszTED sTATES oF AMERICA. or which association Lender is a corporatioÆ exists 5,151CORPORATEDR, TROf , MI 48098-2639. Lender's address is "Note." The "Note." will be cated the WOVEMBER1, N0/100******************************* 2006, (E) Thenote nod by Borrower and dated Lander FOiJR HUNDREDTit0USAND AND Note shows that I owet****************************6************ $400,000.00 **************** Dollars (U.S. ) promised to PeriodicPaymentsand this debtin to pay and plus Interest otheramountsthatmaybe Ihave payable. pay DECEMBER1, the debt in full by 2036. . Property." will be called the "Property."The described thatis belowInthe section titled "Description of the (F) psoperty "Property." andlatecharges "Loan evidenced by theNote, means thedebt any prepaymentcha'rges plusinterest, (G) "Loan."The plusInterest due under the Note, apd all sums due under this Security Instrument Secured."Theamounts titled "Borrower's Transfer to Lander of Rights in the thesection describedbelowin (H)"Sume Secured." Property" sometimes vill be called the "Sums "RIders." The. by Borrower will be called All Riders attached to this Security Instrument that are signed "Riders." (1) to' applicablej: followinRiders are be signedby Borrower [check box as OSecond Home Rider AdjustableR te Rider QCondominium Rider - ¤Planned Unit DevelopmentRider ¤Other(s) [speoitý] Balloon Riderj 1-4 Family Rider OBiweekly Payment Rider y.A.Rider " stateand localstatutes, ordinances regulations, and "AppilcableLaw applicable All controlling tederal, (J) wellasallappli judicial able final, non-appealable, rules administrative d orders have (that the of effect law)as Law." "Appitcable opinions will be calle Assessments." and other charges that All dues, fees, assessments clationDues,Fees,and (K) "Community condominium homeowners association, or association similar are Imposed on B or the by Property a Assessments." ' organization will be "Community Dues, Fees, and Association Ferm3o331/o1 Initiale u annieMae/FraddleMaouNIFoRMINsTRuMENT New YoRK-slpgleFamBy.4, otos oneneocaumenna.1na. e 1ses-sooe Page 1 of 10 7 of 117 FILED: WESTCHESTER COUNTY CLERK 01/27/2023 09:50 AM INDEX NO. 56048/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/27/2023 . . 1 I .. * vi wac6 z;oAN # (L)3DoctronIoFunds Transfer any transfer of money, other!than by chec " "Electronic Funds Transfer"means , . electronic telephonic computer, instryment, or or simliar paper which instrument, is through initiated an terminal, orauthorize a institution financial todebit orcredit an account. Some common . magnetictape so as to prder, instruct, (where e card such as an asset or debit card is used examples of an Electronic Funds Transfer are point-of-sale transfers and autom at a merchant), ted teller machine by telephone, wire transfers, transfers initiated (or ATM) transactions, automatedclearinghousetransfers. (M)"Eacrow Items." in Section a will be called "Escrow Items.": TI½oseItems that are described Proceeda." Proceeds" means settlemen!, award of damages, "Miscellaneous any compensation, (N) "Miscellaneous as andpaidunder the coveragedescribed orproceeds Proceeds Insurance paid byany third party (other than definedin, damage ordestruction of,theProperty; Condemnation (ii) or other taking of all or any part of the inSection5)for(i) to, or (iv) misrÆpresentations of, or or sale to avoid Condemnation; In IIeu of Condemnation (ill) conveyen'ce Property; value omissions as to, the and/or of condition theProperty. AtakingoftheProperty byany gov.orImental authority by "Condemnation." . eminent domainIs knoym as Insurance." Insurance" means Insurance protecting enonpayment Lander against t of, or "Mortgage (0) "Mortgage default on, the Loan. Payment." amount due for (i) principal and Interest under,the Note, and (11)any The regularly scheduled Payment" (P) "Periodio amounts under Sectiori 3 will be called "Periodic §2é01 et and its "RESPA." "RESPf" means the Settlement Real Estate ProceduresAct (12 U.S.C. seq.) (0) as might be amended time to time, or any from; X Regulation regulatio,n, (24C.F.R.Part3500), they implementing In this Security matter. As tised additional or successorlegislation that govems or regulation the same subject "RESPA" refers to all requirements that restrictions areimposed inregardto a related "Ibderally Instrument, and Ioan" under RESPA. loan" even if the Loan does not qualify as a "federally related mortgage mortgage BORROWER'S TRAN FER TO LENDER OF RIGHTS IN THE PROPERTY MERS (solely as nominee for I.snder and Lander's successors in interest) grant and I mortgage, nvey the Property to This means that, by signing this Security rest subject to the terms of this Security Instrument and its successors In that rights those are and also thoserights thatApplicable stated In this SecurityInstrument Iam Instrument, givingLender Iam I.ender from Lender these rights to protect landers Law gives to v)hoholdmortgages on property, real giving ght possible losses that m If result I to: fall limited to, all.renewals, extensions owe Londpr as stated in the Note including, butnot (A) Pay alithe amounts that I bf the Note; and modifloations ' under this Security Instrument to prbtect the value of the st, any amounts that Lender spends (B) Pay, with inte Property and Lend's rights in the Property; and under this Security Instrument and the Note. ther promises and agreements (C) Keep all of my if the rights granted by me in this Security Instrument, but, and agreethatMERS holds onlylegal to title I understand Lander's successors,and assigns) has the w)th lawor custom,MERS (asnomineeforLanderand necessary to comply . . right: toforeclose andisell the Property; and but Including, notlimited the to, right (A) to exercise any or all of those rights, this Security and canceling of lander but not limited including, to, releasing any adti.·on required (B) to take Instrument DESCRIPTION OF ThtE PROPERTY in Interest) rights in the Property dèscribed for Lender and Lender's successors in (A) I give MERS (solely ashominee through(G)below: located at19 Lincoln Terrace , YONKERS, (A) The Property which is isrreetltcity, Townor village] New Yorlt10701. . lZlpCode] westchester . . County. It has the follov Ing leg al description: . " This Property is in ATTACHED HERETO AND MADE A PART itBREoF LEGAL DESCItXP 20B ( . . (A) of thissection; insubse4tion Propertydescribed . (B) Allbuildings other improvements thatare located on the and, ottler in subsection (A) of this section, These that Ihave as ownerof the Property described . (C)Allrights in property Property;" and appurtenancesattached to the : rights are Imown as "easements described that rights haveinthelandwhichIlesInthestreets or roads in front of, or next to, the Property (D) All in subsection (A) this section; (A)!and (B) of this section; the Property described in subsectiors ,are now orin thefuturewillboon (E) All fixtures subsections through ofthis acquire in the firture; tha(I section described in (B) (E) (F) All of the rights and property and subsections to of or additions to the Property described in (P) of this section and all (B) through (G) All replaceme of the Property Ibad In subsections Insurance Proces for loss or damage to, and an MiscellaneousProceeds (A)though of (F) issection. Form30331/01 Ini 4m1a ·"