Preview
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF OSWEGO
. .
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING,
Plaintiff designates OSWEGO as the place of
Plaintiff, trialsitus of the real property
vs.
SUMMONS
TINA E. SKILLEN; KENNETH J. SKILLEN;
UNITED STATES OF AMERICA - INTERNAL Subject Property:
REVENUE SERVICE; ST JOSEPHS HOSPITAL 90 WEST SCHUYLER STREET
HEALTH CENTER; CACH, LLC; SYNCHRONY OSWEGO, NY 13126
BANK F/K/A GE CAPITAL RETAIL BANK;
PODIATRY SERVICES OF CENTRAL NEW
YORK, P.C. A/K/A PODIATRY SERVICES OF
CNY PC,
#1" #12,"
"JOHN DOE through "JOHN DOE the
lasttwelve names being fictitiousand unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, ifany,
having or claiming an interest in or lienupon the
premises, described in the complaint,
Defendants.
. .
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of
your answer, or, ifthe complaiñt is not served with this summons, to serve a notice of appearance on the
Plaintiff'sAttorney within 20 days afterthe service of this summons, exclusive of the day of service (or
within 30 days after the service is complete ifthis summons is not personally delivered to you within the
State of New York) in the event the United States of America is made a party defendant, the time to
answer for the said United States of America shall not expire until (60) days after service of the
Summons; and in case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the complaint.
20-047297 - Drafter: JenniferGalczynski
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FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this surr:zs and cesplaint by serving a copy of the answer on the
attorney for the rñ6rtgage ca-_pa=_y who filed this f6recl6sure pr6cêêdiñg 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 pc.diag for further information on how
to answer the srms:2s and protect your property.
Sending a payment to the mortgage cespsñy will not stop the forêclGsüre 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.
Dated: July 9, 2021
Robertson, Anse tz, hneid, Crane & Partners, PLLC
Attorney for P intiff
BY:
[ ] SARA BORISKIN, ESQ.
[X] ANTHONY CELLUCCI, ESQ.
[ ] LUCE PIERRE-RUSSON, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
20-047297 - Drafter: JenniferGalczynski
jg
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FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
AFFIDAVIT PURSUANT TO
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE THE COVID-19
SERVICING, EMERGENCY EVICTION
AND FORECLOSURE
Plaintiff, PREVENTION ACT OF 2020
vs. Index No.
TINA E. SKILLEN; KENNETH J.SKILLEN; UNITED Property Address:
STATES OF AMERICA - INTERNAL REVENUE 90 WEST SCHUYLER STREET
SERVICE; ST JOSEPHS HOSPITAL HEALTH OSWEGO, NY 13126
CENTER; CACH, LLC; SYNCHRONY BANK F/K/A
GE CAPITAL RETAIL BANK; PODIATRY SERVICES
OF CENTRAL NEW YORK, P.C. A/K/A PODIATRY
SERVICES OF CNY PC,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
persons or corporations, ifany, having or claiming an
interest in or lien upon the premises, described in the
complaint,
Defendants.
__________
STATE OF ARIZONA )
)
COUNTY OF MARICOPA ) ss:
JAIMIE INMAN , being duly sworn, deposes and says:
..
1. I am a/an Foreclosure Specialist of NewRez LLC d/b/a Shellpoint Mortgage Servicing
("Shellpoint") and have personal knowledge of the facts stated herein.
2. In the regular performance of my job functions, I have access to and am familiar with the
business records relating to the servicing of the mortgage loan at issue in this action. Shellpoint keeps
certain business records pertaining to acts, transactions, occurrences, and events regarding and
pertaining to the mortgage loan accounts Shellpoint services. Those business records are made and
maintained in the regular course of Shellpoint's business and include data compilations, imaged
20-047297 -
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FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
docünieiits related to payment and expeñdinires on loans, as well as collateral loan documents such
as mortgages, notes, name documents, and other records. Records of such acts, transactions,
occurrences, and events are made at or near the time by, or from information transmitted by, a person
with knowledge. To the extent that the business records of the loan in this matter were created by a
prior servicer, those records have been verified for accuracy and incorporated into Shellpoint's
business records in the regular course of Shellpoint's regularly coñducted business activity.
3. Neither Shellpoint nor any agent of Shellpoint, has received an executed Hardship
Declaration from any borrower or mortgagor.
Subscribed and sworn to under the penalty of perjury this 20th day of JULY , 2021.
NewRez LLC d/b/a Shellpoint Mortgage Servicing
Name AIMIE INMAN
Title: FORECLOSURE SPECIALIST
TO BE COMPLETED IF EXECUTING OUTSIDE OF NEW YORK STATE
STATE OF ARIZONA )
)
COUNTY OF MARICOPA ) ss:
On the 20th day of JULY in the year 2021 before me by means of [dphysical
presence or [ ] online notarization, the undersigned, a Notary Public inand for said State, personally
appeared JAIMIE INMA , as FCL SPECIALIST of NewRez LLC d/b/a
Shellpoint Mortgage Servicing. e she is personally known to e or proved to me on thebasis of
satisfactory evidêñce to be the individual(s) whose name(s) is (are) ubscribed to the within
instrument and acknowledged to me that she/they executed the same in s er/their capacity(ies),
and that b er/their signature(s) on the instrument, the individual(s) or the person upon behalf of
which the individual(s) acted, executed the instrument.
Notary Public .,
Public Name: Qx5 CHMASH
Notary s}
Notary Public Arizona
MaricopaCounty
cam n 92
My commission expires: O A0,Q
20-047297 -
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FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING, AFFIDAVIT OF SERVICE
Plaintiff, Index No.
vs.
Property Address:
90 WEST SCHUYLER STREET
TINA E. SKILLEN; KENNETH J. SKILLEN; UNITED OSWEGO, NY 13126
STATES OF AMERICA - INTERNAL REVENUE
SERVICE; ST JOSEPHS HOSPITAL HEALTH
CENTER; CACH, LLC; SYNCHRONY BANK F/K/A
GE CAPITAL RETAIL BANK; PODIATRY SERVICES
OF CENTRAL NEW YORK, P.C. A/K/A PODIATRY
SERVICES OF CNY PC,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to plaintiff,the
persons or parties intended being the tenants, occupants,
persons or corporations, if any, having or claiming an
interest in or lien upon the premises, described in the
complaint,
Defendants.
STATE OF FLORIDA ) ss.
COUNTY OF PALM BEACH )
I,Kenisha Williams, being duly sworn, deposes and says: I am not a party to thisaction,
am over 18 years of age and reside in Palm Beach County, Florida.
On 3 /5paII served a copy of the Mortgagor's Declaration of COVID-19
Related Hardship with Cover Letter on:
TINA E. SKILLEN
KENNETH J. SKILLEN
19Ll$-
Via firstclass mail and by certified mail # 2D10 CiOL{() CCQ 1 ý 99 Z.
TINA E. SKILLEN
90 WEST SCHUYLER STREET
OSWEGO, NY 13126
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FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
Via firstclass mail and by certified mail #907-OCLoM0G001 Lt79Z VBS7_
KENNETH J. SKILLEN
90 WEST SCHUYLER STREET
OSWEGO, NY 13126
By depositing a true copy of same enclosed in a post-paid, properly addressed wrapper, in an
office-official depository under the exclusive care and custody of UPS overnight mail service,
within the state of Florida.
Sworn before me on: 3 15,
a )
( ate)
Public . IOMBERLYLEW S
Notary
MY COMMISSION# GG
150792
EXPIRES:November 14, 2021
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FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
MAIL®
CERTIFIED
tlSKIN, LLC
hants Concourse, Suite #310
r,New York 11590
I I
7020 Ob40 0001 4792 7845
SENDER: COMPLETE THIS SECTION
E Complete items A. Signature
1, 2, and3.
E Print
your name and address on thereverse O Agent
X O Addressee
so thatwe can returnthe cardto you.
E Attach this of the B. Received by (Printed Name) C. Date of Delivery
cardto theback mailpiece,
or on thefrontif spacepermits.
^aa-m" O Yes
D. is delivery address different from item 1?
If YES, enter delivery address below:
O No
TINA E. SKILLEN
90 WEST SCHUYLER STREET
OSWEGO, NY 13126
3. Service Type O PriorityMallExpress@
O AdultSignature d RegisteredMail™
O AdultSignatureRestrictedDelivery MailRestricted
O Registered
O certifiedMail® Delivery
9590 9402 5543 9249 7177 34 O ReturnReceiptfor
O certifiedMailRestrictedDelivery
O collecton Delivery Merchandise
U collecton DeliveryRestrictedDelivery O
na re n rrnon™
2. Article Number (Transferfrom service label)
7020 Ob40 0001 4792 7 8 4 5 O InsuredMailRestrictedDeliveryRestrictedDelivery
(over$500)
PS Form 3811, July2015 PSN 7530-02-000-9053 Domestic Return Receipt
7 of 50
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
RISKIN, LLC
Concourse, Suite #310
:hants
New York 11590
y,
Ob 4 0 0001 4792 7852
7 O2 O
SENDER: COMPLETE THIS SECTION
a Complete items and 3. A. Signature
1,2,
u your and reverse Agent
Print name address on the X
so thatwe can returnthe cardto you, O Addressee
E B. Received by (Printed Name) C. Date of Delivery
Attach thiscardto theback of themailpiece,
or on the front
if spacepermits.
1 a..uan add-" '^' O Yes
D. Is delivery address different from item 1?
If YES, enter delivery address below:
O No
KENNETH J. SKILLEN
90 WEST SCHUYLER STREET
OSWEGO, NY 13126
..............
3. Service Type O PriorityMallExpress®
RestdctedDelivery Restricted
IEasi
11111111111111111111111Il|l11111111111||111111
9590 9402 5543 9249 7177 27 O ce H dM estdatedDeUvery O
etrumad
ation™
9. Article Number ITransfer from service label) O of on eliveryRestrictedDelivery O SgnatureCon
7O2O 0640 0001 4792 7852 OnsuredMaii RestrictedDeliveryRestrictedDelivery
._..._.(over$500)
PS Form 3811, July2015 PSN 7530-02-000-9053 Domestic Return Receipt
8 of 50
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
1A5
ROBERTSON.ANSCHUT2,5CHNEID,
CRANE & PARTN ERS, Pl.LC
L A W O F F I C E S
Esquire*
Sara Z. Boriskin, Esquire James Robertson,
Partner, New York Office 900 Merchants Concourse, Esquire**
Managing Everett Anschutz,
Westbur Y 11590 Esquire**
John T. Crane,
Phone: 516.280.7675
* Deceased
Fax: 516-280-7674
**Not Admitted in
to Practice New
WWW.raslegalgroup.com
York
July 15, 2021
TINA E. SKILLEN
90 WEST SCHUYLER STREET
OSWEGO, NY 13126
RE: Property Address: 90 WEST SCHUYLER STREET, OSWEGO, NY 13126
Our File # 20-047297
Dear Tina E. Skillen:
Enclosed herewith please find a Mortgagor's Declaration of COVID Related
Hardship. The completed declaration may be returned to your mortgage loan servicer
using the below contact information:
Shellpoint Mortgage Servicing
P.O. Box 740039 Cincinnati, OH 45274-0039
Phone Number: 866-825-2174 Fax: 866-467-1187
Mon - Thurs: 8:00AM-10:00PM Fri: 8:00AM-10:00PM
Email: Lossmitigation@shelloointmte.com
Sincerely,
Robertson, Anschutz, Schneid, Crane & Partners, LLC
Encl:
9 of 50
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
of Ne
e
* *
®# Court S
NOTICE TO MORTGAGOR:
If you have lost income or had increased costs during the COVID-19 pandemic,
and you sign and deliver this hardship declaration form to your mortgage lender or
other foreclosing party, you cannot be foreclosed on until at least August 31, 2021.
If your mortgage lender or other foreclosing party provided you with this form, the
mortgage lender or other foreclosing party must also provide you with a mailing
address and e-mail address to which you can return this form. If you are already in
foreclosure proceedings, you may return this form to the court. You should keep a
copy or picture of the signed form for your records. You will still owe any unpaid
mortgage payments and lawful fees to your lender. You should also keep careful
track of what you have paid and any amount you still owe.
MORTGAGOR'S DECLARATION OF
COVID-19-RELATED HARDSHIP
I am the mortgagor of the property at (address of dwelling unit):
Including my primary residence, I own, whether directly or indirectly, ten or
fewer residential dwelling units. I am experiencing financial hardship, and I am
unable to pay my mortgage in full because of one or more of the following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing essential
work or related to health impacts during the COVID-19 pandemic.
3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or
sick family member during the COVID-19 pañdeniic have negatively affected
my ability or the ability of someone in my household to obtain meaningful
employment or earn income or increased my necessary out-of-pocket expenses.
10 of 50
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
4. Moving expenses and difficulty I have securing alternative housing make it a
hardship for me to relocate to another residence during the COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negatively affected
my ability to obtain meaningful employment or earn income or have significantly
reduced my household income or significantly increased my expenses.
6. One or more of my tenants has defaulted on a significant amount of their rent
payments since March 1, 2020.
To the extent I have lost household income or had increased expenses, any public
assistance, including unemployment insurance, pandemic unemployment assistance,
disability insurance, or paid family leave, that I have received since the start of the
COVID-19 pandemic does not fully make up for my loss of household income or
increased expenses.
I understand that I must comply with all other lawful terms under my mortgage
agreement. I further understand that lawful fees, penalties or interest for not having paid
my mortgage in full as required by my mortgage agreement may still be charged or
collected and may result in a monetary judgment against me. I also understand that my
mortgage lender or other foreclosing party may pursue a foreclosure action against me
on or after August 31, 2021, if I do not fully repay any missed or partial payments and
lawful fees.
Signed:
Printed name:
Date signed:
NOTICE: You are signing and submitting this form under penalty of law. That
means it is against the law to make a statement on this form that you know is
false.
11 of 50
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
1A5
ROBERTSON.ANSCHUT2,5CHNEID,
CRANE & PARTN ERS, Fl.LC
L A W O F F I C E S
Esquire*
Sara Z. Boriskin, Esquire James Robertson,
Partner, New York Office 900 Merchants Concourse, Esquire**
Managing Everett Anschutz,
Westbur Y 11590 Esquire**
John T. Crane,
Phone: 516.280.7675
* Deceased
Fax: 516-280-7674
**Not Admitted in
to Practice New
WWW.raslegalgroup.com
York
July 15, 2021
KENNETH J. SKILLEN
90 WEST SCHUYLER STREET
OSWEGO, NY 13126
RE: Property Address: 90 WEST SCHUYLER STREET, OSWEGO, NY 13126
Our File # 20-047297
Dear Kenneth J. Skillen:
Enclosed herewith please find a Mortgagor's Declaration of COVID Related
Hardship. The completed declaration may be returned to your mortgage loan servicer
using the below contact information:
Shellpoint Mortgage Servicing
P.O. Box 740039 Cincinnati, OH 45274-0039
Phone Number: 866-825-2174 Fax: 866-467-1187
Mon - Thurs: 8:00AM-10:00PM Fri: 8:00AM-10:00PM
Email: Lossmitigation@shelloointmtsz.com
Sincerely,
Robertson, Anschutz, Schneid, Crane & Partners, LLC
Encl:
12 of 50
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
of Ne
e
* *
®# Court S
NOTICE TO MORTGAGOR:
If you have lost income or had increased costs during the COVID-19 pandemic,
and you sign and deliver this hardship declaration form to your mortgage lender or
other foreclosing party, you cannot be foreclosed on until at least August 31, 2021.
If your mortgage lender or other foreclosing party provided you with this form, the
mortgage lender or other foreclosing party must also provide you with a mailing
address and e-mail address to which you can return this form. If you are already in
foreclosure proceedings, you may return this form to the court. You should keep a
copy or picture of the signed form for your records. You will still owe any unpaid
mortgage payments and lawful fees to your lender. You should also keep careful
track of what you have paid and any amount you still owe.
MORTGAGOR'S DECLARATION OF
COVID-19-RELATED HARDSHIP
I am the mortgagor of the property at (address of dwelling unit):
Including my primary residence, I own, whether directly or indirectly, ten or
fewer residential dwelling units. I am experiencing financial hardship, and I am
unable to pay my mortgage in full because of one or more of the following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing essential
work or related to health impacts during the COVID-19 pandemic.
3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or
sick family member during the COVID-19 pañdeniic have negatively affected
my ability or the ability of someone in my household to obtain meaningful
employment or earn income or increased my necessary out-of-pocket expenses.
13 of 50
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
4. Moving expenses and difficulty I have securing altemative housing make it a
hardship for me to relocate to another residence during the COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negatively affected
my ability to obtain meaningful employment or earn income or have significantly
reduced my household income or significantly increased my expenses.
6. One or more of my tenants has defaulted on a significant amount of their rent
payments since March 1, 2020.
To the extent I have lost household income or had increased expenses, any public
assistance, including unemployment insurance, pandemic unemployment assistance,
disability insurance, or paid family leave, that I have received since the start of the
COVID-19 pandemic does not fully make up for my loss of household income or
increased expenses.
I understand that I must comply with all other lawful terms under my mortgage
agreement. I further understand that lawful fees, penalties or interest for not having
paid my mortgage in full as required by my mortgage agreement may still be charged
or collected and may result in a monetary judgment against me. I also understand that
my mortgage lender or other foreclosing party may pursue a foreclosure action against
me on or after August 31, 2021, ifI do not fully repay any missed or partial payments
and lawful fees.
Signed:
Printed name:
Date signed:
NOTICE: You are signing and submitting this form under penalty of law. That
means it is against the law to make a statement on this form that you know is
false.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE
Preview
FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF OSWEGO . . NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff designates OSWEGO as the place of Plaintiff, trialsitus of the real property vs. SUMMONS TINA E. SKILLEN; KENNETH J. SKILLEN; UNITED STATES OF AMERICA - INTERNAL Subject Property: REVENUE SERVICE; ST JOSEPHS HOSPITAL 90 WEST SCHUYLER STREET HEALTH CENTER; CACH, LLC; SYNCHRONY OSWEGO, NY 13126 BANK F/K/A GE CAPITAL RETAIL BANK; PODIATRY SERVICES OF CENTRAL NEW YORK, P.C. A/K/A PODIATRY SERVICES OF CNY PC, #1" #12," "JOHN DOE through "JOHN DOE the lasttwelve names being fictitiousand unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lienupon the premises, described in the complaint, Defendants. . . To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or, ifthe complaiñt is not served with this summons, to serve a notice of appearance on the Plaintiff'sAttorney within 20 days afterthe service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. 20-047297 - Drafter: JenniferGalczynski jg 1 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this surr:zs and cesplaint by serving a copy of the answer on the attorney for the rñ6rtgage ca-_pa=_y who filed this f6recl6sure pr6cêêdiñg 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 pc.diag for further information on how to answer the srms:2s and protect your property. Sending a payment to the mortgage cespsñy will not stop the forêclGsüre 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. Dated: July 9, 2021 Robertson, Anse tz, hneid, Crane & Partners, PLLC Attorney for P intiff BY: [ ] SARA BORISKIN, ESQ. [X] ANTHONY CELLUCCI, ESQ. [ ] LUCE PIERRE-RUSSON, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 20-047297 - Drafter: JenniferGalczynski jg 2 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO AFFIDAVIT PURSUANT TO NEWREZ LLC D/B/A SHELLPOINT MORTGAGE THE COVID-19 SERVICING, EMERGENCY EVICTION AND FORECLOSURE Plaintiff, PREVENTION ACT OF 2020 vs. Index No. TINA E. SKILLEN; KENNETH J.SKILLEN; UNITED Property Address: STATES OF AMERICA - INTERNAL REVENUE 90 WEST SCHUYLER STREET SERVICE; ST JOSEPHS HOSPITAL HEALTH OSWEGO, NY 13126 CENTER; CACH, LLC; SYNCHRONY BANK F/K/A GE CAPITAL RETAIL BANK; PODIATRY SERVICES OF CENTRAL NEW YORK, P.C. A/K/A PODIATRY SERVICES OF CNY PC, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. __________ STATE OF ARIZONA ) ) COUNTY OF MARICOPA ) ss: JAIMIE INMAN , being duly sworn, deposes and says: .. 1. I am a/an Foreclosure Specialist of NewRez LLC d/b/a Shellpoint Mortgage Servicing ("Shellpoint") and have personal knowledge of the facts stated herein. 2. In the regular performance of my job functions, I have access to and am familiar with the business records relating to the servicing of the mortgage loan at issue in this action. Shellpoint keeps certain business records pertaining to acts, transactions, occurrences, and events regarding and pertaining to the mortgage loan accounts Shellpoint services. Those business records are made and maintained in the regular course of Shellpoint's business and include data compilations, imaged 20-047297 - jg 3 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 docünieiits related to payment and expeñdinires on loans, as well as collateral loan documents such as mortgages, notes, name documents, and other records. Records of such acts, transactions, occurrences, and events are made at or near the time by, or from information transmitted by, a person with knowledge. To the extent that the business records of the loan in this matter were created by a prior servicer, those records have been verified for accuracy and incorporated into Shellpoint's business records in the regular course of Shellpoint's regularly coñducted business activity. 3. Neither Shellpoint nor any agent of Shellpoint, has received an executed Hardship Declaration from any borrower or mortgagor. Subscribed and sworn to under the penalty of perjury this 20th day of JULY , 2021. NewRez LLC d/b/a Shellpoint Mortgage Servicing Name AIMIE INMAN Title: FORECLOSURE SPECIALIST TO BE COMPLETED IF EXECUTING OUTSIDE OF NEW YORK STATE STATE OF ARIZONA ) ) COUNTY OF MARICOPA ) ss: On the 20th day of JULY in the year 2021 before me by means of [dphysical presence or [ ] online notarization, the undersigned, a Notary Public inand for said State, personally appeared JAIMIE INMA , as FCL SPECIALIST of NewRez LLC d/b/a Shellpoint Mortgage Servicing. e she is personally known to e or proved to me on thebasis of satisfactory evidêñce to be the individual(s) whose name(s) is (are) ubscribed to the within instrument and acknowledged to me that she/they executed the same in s er/their capacity(ies), and that b er/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public ., Public Name: Qx5 CHMASH Notary s} Notary Public Arizona MaricopaCounty cam n 92 My commission expires: O A0,Q 20-047297 - jg 4 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, AFFIDAVIT OF SERVICE Plaintiff, Index No. vs. Property Address: 90 WEST SCHUYLER STREET TINA E. SKILLEN; KENNETH J. SKILLEN; UNITED OSWEGO, NY 13126 STATES OF AMERICA - INTERNAL REVENUE SERVICE; ST JOSEPHS HOSPITAL HEALTH CENTER; CACH, LLC; SYNCHRONY BANK F/K/A GE CAPITAL RETAIL BANK; PODIATRY SERVICES OF CENTRAL NEW YORK, P.C. A/K/A PODIATRY SERVICES OF CNY PC, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff,the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) I,Kenisha Williams, being duly sworn, deposes and says: I am not a party to thisaction, am over 18 years of age and reside in Palm Beach County, Florida. On 3 /5paII served a copy of the Mortgagor's Declaration of COVID-19 Related Hardship with Cover Letter on: TINA E. SKILLEN KENNETH J. SKILLEN 19Ll$- Via firstclass mail and by certified mail # 2D10 CiOL{() CCQ 1 ý 99 Z. TINA E. SKILLEN 90 WEST SCHUYLER STREET OSWEGO, NY 13126 5 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 Via firstclass mail and by certified mail #907-OCLoM0G001 Lt79Z VBS7_ KENNETH J. SKILLEN 90 WEST SCHUYLER STREET OSWEGO, NY 13126 By depositing a true copy of same enclosed in a post-paid, properly addressed wrapper, in an office-official depository under the exclusive care and custody of UPS overnight mail service, within the state of Florida. Sworn before me on: 3 15, a ) ( ate) Public . IOMBERLYLEW S Notary MY COMMISSION# GG 150792 EXPIRES:November 14, 2021 6 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 MAIL® CERTIFIED tlSKIN, LLC hants Concourse, Suite #310 r,New York 11590 I I 7020 Ob40 0001 4792 7845 SENDER: COMPLETE THIS SECTION E Complete items A. Signature 1, 2, and3. E Print your name and address on thereverse O Agent X O Addressee so thatwe can returnthe cardto you. E Attach this of the B. Received by (Printed Name) C. Date of Delivery cardto theback mailpiece, or on thefrontif spacepermits. ^aa-m" O Yes D. is delivery address different from item 1? If YES, enter delivery address below: O No TINA E. SKILLEN 90 WEST SCHUYLER STREET OSWEGO, NY 13126 3. Service Type O PriorityMallExpress@ O AdultSignature d RegisteredMail™ O AdultSignatureRestrictedDelivery MailRestricted O Registered O certifiedMail® Delivery 9590 9402 5543 9249 7177 34 O ReturnReceiptfor O certifiedMailRestrictedDelivery O collecton Delivery Merchandise U collecton DeliveryRestrictedDelivery O na re n rrnon™ 2. Article Number (Transferfrom service label) 7020 Ob40 0001 4792 7 8 4 5 O InsuredMailRestrictedDeliveryRestrictedDelivery (over$500) PS Form 3811, July2015 PSN 7530-02-000-9053 Domestic Return Receipt 7 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 RISKIN, LLC Concourse, Suite #310 :hants New York 11590 y, Ob 4 0 0001 4792 7852 7 O2 O SENDER: COMPLETE THIS SECTION a Complete items and 3. A. Signature 1,2, u your and reverse Agent Print name address on the X so thatwe can returnthe cardto you, O Addressee E B. Received by (Printed Name) C. Date of Delivery Attach thiscardto theback of themailpiece, or on the front if spacepermits. 1 a..uan add-" '^' O Yes D. Is delivery address different from item 1? If YES, enter delivery address below: O No KENNETH J. SKILLEN 90 WEST SCHUYLER STREET OSWEGO, NY 13126 .............. 3. Service Type O PriorityMallExpress® RestdctedDelivery Restricted IEasi 11111111111111111111111Il|l11111111111||111111 9590 9402 5543 9249 7177 27 O ce H dM estdatedDeUvery O etrumad ation™ 9. Article Number ITransfer from service label) O of on eliveryRestrictedDelivery O SgnatureCon 7O2O 0640 0001 4792 7852 OnsuredMaii RestrictedDeliveryRestrictedDelivery ._..._.(over$500) PS Form 3811, July2015 PSN 7530-02-000-9053 Domestic Return Receipt 8 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 1A5 ROBERTSON.ANSCHUT2,5CHNEID, CRANE & PARTN ERS, Pl.LC L A W O F F I C E S Esquire* Sara Z. Boriskin, Esquire James Robertson, Partner, New York Office 900 Merchants Concourse, Esquire** Managing Everett Anschutz, Westbur Y 11590 Esquire** John T. Crane, Phone: 516.280.7675 * Deceased Fax: 516-280-7674 **Not Admitted in to Practice New WWW.raslegalgroup.com York July 15, 2021 TINA E. SKILLEN 90 WEST SCHUYLER STREET OSWEGO, NY 13126 RE: Property Address: 90 WEST SCHUYLER STREET, OSWEGO, NY 13126 Our File # 20-047297 Dear Tina E. Skillen: Enclosed herewith please find a Mortgagor's Declaration of COVID Related Hardship. The completed declaration may be returned to your mortgage loan servicer using the below contact information: Shellpoint Mortgage Servicing P.O. Box 740039 Cincinnati, OH 45274-0039 Phone Number: 866-825-2174 Fax: 866-467-1187 Mon - Thurs: 8:00AM-10:00PM Fri: 8:00AM-10:00PM Email: Lossmitigation@shelloointmte.com Sincerely, Robertson, Anschutz, Schneid, Crane & Partners, LLC Encl: 9 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 of Ne e * * ®# Court S NOTICE TO MORTGAGOR: If you have lost income or had increased costs during the COVID-19 pandemic, and you sign and deliver this hardship declaration form to your mortgage lender or other foreclosing party, you cannot be foreclosed on until at least August 31, 2021. If your mortgage lender or other foreclosing party provided you with this form, the mortgage lender or other foreclosing party must also provide you with a mailing address and e-mail address to which you can return this form. If you are already in foreclosure proceedings, you may return this form to the court. You should keep a copy or picture of the signed form for your records. You will still owe any unpaid mortgage payments and lawful fees to your lender. You should also keep careful track of what you have paid and any amount you still owe. MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP I am the mortgagor of the property at (address of dwelling unit): Including my primary residence, I own, whether directly or indirectly, ten or fewer residential dwelling units. I am experiencing financial hardship, and I am unable to pay my mortgage in full because of one or more of the following: 1. Significant loss of household income during the COVID-19 pandemic. 2. Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic. 3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pañdeniic have negatively affected my ability or the ability of someone in my household to obtain meaningful employment or earn income or increased my necessary out-of-pocket expenses. 10 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 4. Moving expenses and difficulty I have securing alternative housing make it a hardship for me to relocate to another residence during the COVID-19 pandemic. 5. Other circumstances related to the COVID-19 pandemic have negatively affected my ability to obtain meaningful employment or earn income or have significantly reduced my household income or significantly increased my expenses. 6. One or more of my tenants has defaulted on a significant amount of their rent payments since March 1, 2020. To the extent I have lost household income or had increased expenses, any public assistance, including unemployment insurance, pandemic unemployment assistance, disability insurance, or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of household income or increased expenses. I understand that I must comply with all other lawful terms under my mortgage agreement. I further understand that lawful fees, penalties or interest for not having paid my mortgage in full as required by my mortgage agreement may still be charged or collected and may result in a monetary judgment against me. I also understand that my mortgage lender or other foreclosing party may pursue a foreclosure action against me on or after August 31, 2021, if I do not fully repay any missed or partial payments and lawful fees. Signed: Printed name: Date signed: NOTICE: You are signing and submitting this form under penalty of law. That means it is against the law to make a statement on this form that you know is false. 11 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 1A5 ROBERTSON.ANSCHUT2,5CHNEID, CRANE & PARTN ERS, Fl.LC L A W O F F I C E S Esquire* Sara Z. Boriskin, Esquire James Robertson, Partner, New York Office 900 Merchants Concourse, Esquire** Managing Everett Anschutz, Westbur Y 11590 Esquire** John T. Crane, Phone: 516.280.7675 * Deceased Fax: 516-280-7674 **Not Admitted in to Practice New WWW.raslegalgroup.com York July 15, 2021 KENNETH J. SKILLEN 90 WEST SCHUYLER STREET OSWEGO, NY 13126 RE: Property Address: 90 WEST SCHUYLER STREET, OSWEGO, NY 13126 Our File # 20-047297 Dear Kenneth J. Skillen: Enclosed herewith please find a Mortgagor's Declaration of COVID Related Hardship. The completed declaration may be returned to your mortgage loan servicer using the below contact information: Shellpoint Mortgage Servicing P.O. Box 740039 Cincinnati, OH 45274-0039 Phone Number: 866-825-2174 Fax: 866-467-1187 Mon - Thurs: 8:00AM-10:00PM Fri: 8:00AM-10:00PM Email: Lossmitigation@shelloointmtsz.com Sincerely, Robertson, Anschutz, Schneid, Crane & Partners, LLC Encl: 12 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 of Ne e * * ®# Court S NOTICE TO MORTGAGOR: If you have lost income or had increased costs during the COVID-19 pandemic, and you sign and deliver this hardship declaration form to your mortgage lender or other foreclosing party, you cannot be foreclosed on until at least August 31, 2021. If your mortgage lender or other foreclosing party provided you with this form, the mortgage lender or other foreclosing party must also provide you with a mailing address and e-mail address to which you can return this form. If you are already in foreclosure proceedings, you may return this form to the court. You should keep a copy or picture of the signed form for your records. You will still owe any unpaid mortgage payments and lawful fees to your lender. You should also keep careful track of what you have paid and any amount you still owe. MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP I am the mortgagor of the property at (address of dwelling unit): Including my primary residence, I own, whether directly or indirectly, ten or fewer residential dwelling units. I am experiencing financial hardship, and I am unable to pay my mortgage in full because of one or more of the following: 1. Significant loss of household income during the COVID-19 pandemic. 2. Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic. 3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pañdeniic have negatively affected my ability or the ability of someone in my household to obtain meaningful employment or earn income or increased my necessary out-of-pocket expenses. 13 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 4. Moving expenses and difficulty I have securing altemative housing make it a hardship for me to relocate to another residence during the COVID-19 pandemic. 5. Other circumstances related to the COVID-19 pandemic have negatively affected my ability to obtain meaningful employment or earn income or have significantly reduced my household income or significantly increased my expenses. 6. One or more of my tenants has defaulted on a significant amount of their rent payments since March 1, 2020. To the extent I have lost household income or had increased expenses, any public assistance, including unemployment insurance, pandemic unemployment assistance, disability insurance, or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of household income or increased expenses. I understand that I must comply with all other lawful terms under my mortgage agreement. I further understand that lawful fees, penalties or interest for not having paid my mortgage in full as required by my mortgage agreement may still be charged or collected and may result in a monetary judgment against me. I also understand that my mortgage lender or other foreclosing party may pursue a foreclosure action against me on or after August 31, 2021, ifI do not fully repay any missed or partial payments and lawful fees. Signed: Printed name: Date signed: NOTICE: You are signing and submitting this form under penalty of law. That means it is against the law to make a statement on this form that you know is false. 14 of 50 FILED: OSWEGO COUNTY CLERK 07/26/2021 09:17 AM INDEX NO. EFC-2021-1111 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2021 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE