Preview
FILED: JEFFERSON COUNTY CLERK 02/03/2023 03:03 PM INDEX NO. EF2022-00002555
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/03/2023
Exhibit “H”
FILED: JEFFERSON COUNTY CLERK 02/03/2023
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NYSCEF DOC. NO. 35
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF JEFFERSON
Freedom Mortgage Corporation Index #:
Filed:
Plaintiff,
SUMMONS
-against-
Plaintiff designates Jefferson
Jason G. Smith, Secretary of Housing and Urban Development, County as the place of trial.
New York State Department of Taxation and Finance, Venue is based upon the
American Builders & Contractors Supply Co., Inc., Kara E. County in which the
Smith, United States of America - Internal Revenue Service, mortgaged premises is
Watertown Savings Bank, Timothy S. Garner and "JOHN DOE situated.
#1" through "JOHN DOE #10", the last ten names being
fictitious and unknown to the plaintiff, the person or parties
intended being the persons or parties, if any, having or claiming
an interest in or lien upon the mortgaged premises described in
the Complaint,
Defendants.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons,
exclusive of the day of service; or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York; or within sixty (60) days if it is the
United States of America. In case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the Complaint.
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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.
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.
Dated: Bay Shore, New York FRENKEL, LAMBERT, WEISS,
September 15, 2022 WEISMAN & GORDON, LLP
BY: Deana Cheli
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-096462-F00
TO:
Jason G. Smith
5845 100th Avenue E,
Parrish, FL 34219
Jason G. Smith
629 Gotham Street,
Watertown, NY 13601
Secretary of Housing and Urban Development
New York State Department of Taxation and Finance
W.A. Harriman State Campus Bldg. 9
Albany, NY 12227
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American Builders & Contractors Supply Co., Inc.
13 Production Way
Avenel, NJ 07001
Kara E. Smith
629 Gotham Street
Watertown, NY 13601
United States of America - Internal Revenue Service
271 Cadman Plaza East
Brooklyn, NY 11201
Watertown Savings Bank
111 Clinton Street
Watertown, NY 13601
Timothy S. Garner
c/o Tenaha Sparacino, Esq.
120 Washington Street, Suite 400
Watertown, NY 13601
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF JEFFERSON
Freedom Mortgage Corporation
Plaintiff,
COMPLAINT
-against-
Jason G. Smith, Secretary of Housing and Urban Development,
New York State Department of Taxation and Finance,
American Builders & Contractors Supply Co., Inc., Kara E.
Smith, United States of America - Internal Revenue Service,
Watertown Savings Bank, Timothy S. Garner
and "JOHN DOE #1" through "JOHN DOE #10", the last ten
names being fictitious and unknown to the plaintiff, the person
or parties intended being the persons or parties, if any, having or
claiming an interest in or lien upon the mortgaged premises
described in the Complaint,
Defendants.
The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,
complaining of the defendants herein allege, upon information and belief, as follows:
AS A FIRST CAUSE OF ACTION
1. That the plaintiff, Freedom Mortgage Corporation, at all times hereinafter mentioned was and
still is a Domestic Corporation authorized to do business in the State of New York.
2. On or about January 12, 2018, JASON G. SMITH executed and delivered to Residential
Mortgage Services, Inc. a note dated January 12, 2018 whereby JASON G. SMITH promised to pay
the principal sum of $177,721.00.
3. On or about January 12, 2018, JASON G. SMITH executed and delivered to Mortgage
Electronic Registration Systems, Inc., as mortgagee, as nominee for Residential Mortgage Services,
Inc., its successors and assigns a mortgage (hereinafter "mortgage") in the principal sum of
$177,721.00, with interest, mortgaging the premises known as 629 Gotham Street, Watertown, NY
13601 (hereinafter "premises") as collateral security for the note. The mortgaged premises is more
fully described in EXHIBIT "A" annexed hereto.
4. The mortgage was duly recorded in the Office of the Clerk of the County of Jefferson on
January 18, 2018 in Instrument No. 2018-00000903, and the recording tax was duly paid.
5. That plaintiff is in possession of the original note with a proper endorsement and/or allonge
and is therefore, the holder of both the note and mortgage, which passes as incident to the note.
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6. Pursuant to the note, JASON G. SMITH, promised to make consecutive monthly payments
of principal and interest each month, in accordance with the terms of the note, commencing March
01, 2018 and on the first day of each succeeding month up to and including February 01, 2048 when
the entire principal amount and accrued interest shall be due and payable.
7. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee
can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold
payments or ground rents (if any), hazard insurance and mortgage insurance.
8. The mortgage further provides that in case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage
could declare the entire indebtedness secured by the mortgage immediately due and payable, and the
holder of the mortgage is empowered to sell the mortgaged premises according to law.
9. Jason G. Smith failed to comply with the terms, covenants and conditions of said note and
mortgage by failing and omitting to pay, to the plaintiff, payments due on December 01, 2021 and
said default has continued for a period in excess of fifteen (15) days.
10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect
to declare the entire principal balance to be due and owing.
11. That there is now due and owing to the plaintiff under said note and mortgage the principal
sum of $165,893.42 with interest thereon from November 01, 2021, plus late charges if applicable
pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and
any other charges due and owing pursuant to the terms of the note and mortgage.
12. Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of payment after the date of commencement of this action of any or all
of the defaults mentioned herein, and such election shall continue and remain effective.
13. In order to protect its security, the plaintiff may be compelled, during the pendency of this
action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges
and sewer rents which are or may become liens on the mortgaged premises, and other charges which
may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum
or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's
claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged
premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds
of the sale of the mortgaged premises.
14. Upon information and belief all the defendants herein have or claim to have some interest
in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has
accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to
plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set
forth in "Schedule A" that is attached to this complaint.
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15. No prior action has been brought to recover part of the mortgage debt.
16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and
regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable or unless exempt
from doing so.
17. Upon information and belief, plaintiff has complied with the provisions of Real Property
Actions and Proceedings Law §1304 and §1306 unless exempt from doing so.
18. That the plaintiff is now the owner and holder of the said note and mortgage securing the
same or has been delegated the authority to institute a mortgage foreclosure action by the owner and
holder of the subject mortgage and note or is the holder of the note and mortgage and has been
delegated the authority to institute a mortgage foreclosure action by the owner of the note and
mortgage.
19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has
been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or
delegation of authority by the owner of the subject note and mortgage.
20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises
consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure
provide for the parcels to be sold as one parcel.
21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts
that an inspection of the premises would disclose, any state of facts an accurate survey would show,
and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and
any violation thereof, any equity of redemption of the United States of America to redeem the
premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights
of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances
of the city, town or village in which said mortgaged premises lies and any violations thereof.
22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either
by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be
merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted
to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s)
or proceeding(s), including, without limitation, any surplus money proceedings.
AS AND FOR A SECOND CAUSE OF ACTION
23. The plaintiff repeats and realleges each and every allegation contained in paragraphs
designated 1 through 22.
24. The mortgage provides that in the event of default, the plaintiff may recover all costs,
including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any
action to protect its interest in the premises, including foreclosure of the mortgage.
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WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows:
a) That the defendants and all persons claiming under them or any of them, subsequent
to the commencement of this action and to the filing of the Notice of Pendency of this action, may
be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged
premises;
b) That the mortgaged premises be sold in one parcel according to law subject to any
state of facts an accurate survey would show, any covenants, easements, encroachments, reservations,
and restrictions, violations and agreements of record, zoning regulations and ordinances of the city,
town, or village; wherein the premises is located, any state of facts a physical inspection will disclose,
rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens
and mortgages of record and any and all rights of the United States of America to redeem the subject
premises;
c) That the premises be sold in accordance with Title 28, Section 2410 of the United
State Code preserving all rights of redemption, if any, of the United States of America;
d) That the monies received from the sale be brought into Court and that plaintiff be paid
the amount adjudged to be due it with interest thereon to the time of such payment, together with late
charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer
rents, insurance premiums, sums expended for the protection or preservation of the property, together
with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this
action and any other necessary expenses to protect the lien of the mortgage to the extent that the
amount of such monies applicable thereto will pay the same;
e) That this Court, if requested, appoint a receiver of the rents and profits of said
premises, during the pendency of this action with the usual powers and duties;
f) That the defendant(s) obligated under the note be adjudged to pay any deficiency
which may remain after applying all of such monies as aforesaid in accordance with the law and
provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy
petition or that said defendant(s) obligated under the note have been relieved of responsibility for any
such deficiency.
g) That in the event plaintiff possesses any other lien(s) against said mortgaged premises
either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall
not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be
permitted to enforce said other lien(s) and/or seek determination or priority thereof in any
independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings;
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h) That plaintiff have such other and further relief in the mortgaged premises as may be
just and equitable.
Dated: Bay Shore, New York
September 15, 2022
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
By:
Deana Cheli
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-096462-F00
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EXHIBIT A
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LEGAL DESCRIPTION
The Property which is located at 629 Gotham Street, Watertown, New York 13601.
This Property is in Jefferson County. It has the following legal description:
All that tract or parcel of land situate in the City of Watertown , County of Jefferson and State of New York and is described
as follows:
Beginning at a point in the easterly street margin of Gotham Street, said point is situate N. 28° 40' W. along the easterly
street margin of Gotham Street a distance of 127.5 feet from the intersection of the easterly street margin of Gotham Street
and the northerly street margin of Flower Avenue East; thence N. 28° 40' W. along the easterly street margin of Gotham
Street a distance of 63.0 feet to a point; thence N. 74° 50' E. passing through an iron pipe found at 2.1 feet and continuing a
total distance of 116.4 feet to an iron pipe found; thence S 82° 57' E. a distance of 226.0 feet to an iron pipe found; thence
S. 6° 24' W. a distance of 48.2 feet to an iron pipe found; thence N. 83° 43' W. a distance of 135.1 feet to an iron pipe
found; thence No. 9° 59' W. a distance of 19.0 feet to an iron pipe found; thence S. 75° 03' W. passing through an iron pipe
found at 167.7 feet and continuing a total distance of 169.2 feet to the point of beginning.
Being the same property as conveyed from Troy M. Fleming to Jason G. Smith as set forth in Deed Instrument
#2018-00000902 dated 01/12/2018, recorded 01/18/2018, Jefferson County, New York.
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Schedule A
Party Name Description
JASON G. SMITH Obligor/Mortgagor/Owner
SECRETARY OF HOUSING and Holder of a subordinate mortgage on the subject
URBAN DEVELOPMENT premises. Said mortgage recorded February 4,
2021, in Instrument No. 2021-00001820.
NEW YORK STATE DEPARTMENT OF Holder of Judgment(s) against the property being
TAXATION and FINANCE foreclosed herein. Said lien is more particularly
described in Exhibit "B" annexed hereto.
AMERICAN BUILDERS & Judgment Creditor
CONTRACTORS SUPPLY CO., INC.
KARA E. SMITH Judgment Creditor
UNITED STATES OF AMERICA - Holder of Judgment(s) against the property being
INTERNAL REVENUE SERVICE foreclosed herein. Said lien is more particularly
described in Exhibit "B" annexed hereto.
WATERTOWN SAVINGS BANK Possible Judgment Creditor
TIMOTHY S. GARNER Possible Judgment Creditor
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EXHIBIT B
NYSCEF DOC. NO. 35
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New M State Department of
Th×ation and Finance
Civil Enforcement-CO-ATC
W A Harriman Campus
Albany NY 12227-0001
ud ment
Commissioner of Taxation and Finance
against
Judgment . Warrant ID:
JASONG SMITH Debtor
25683 BECKWITH RD E-046138582-W001-3
EVANS MILt.S. NY 13637-3309 Last Known
Address County of Judgment:
JEFFERSON
Anticle of Tax Law:
22/30
The people of the state of New York to: T LEWIS
an officer or employee of the Department of Taxation and Finance: Whereas. a tax has been found due to the
Commissioner of Taxation and Finance of the state of New York imposed by the above noted Article of Tax
Law from the debtor named, the nature and amount of which, together with the interest and penalties thereon,
are as follows:
Assessment Period Assessment
ID Ending Tax Penalty Interest Total
L-046162160-6 12/31/13 $ 101.00 $ 125.00 0 48.01 $ 274.01
L-046142183-6 12/ 31/14· 692.00 318.18 211.27 1 ,221.45
L-046138582-2 12/31/15 5,389.00 1,912.99 1,096.54 8,398.S3
2018-00008182
06112/2018 01:5220 PM
1 Pages
.- . .... , . . WARRANT
Gizelle J Meeks, JeRersonCounty Clerk ClarkAF
I I
Total amount due & e 9,e93.99
And whereas, said tax, interest and penalties now remain wholly unpaid;
Now therefore, we command you to file a copy of this warrant within five days after its receipt by you in the
office of the clerk of the county named above, for entry by him in the judgment docket, pursuant to the provisions
of the Tax Law.
And we further command you, that you satisfy said claim of saiçI Commissioner of Taxation and Finance for said
tax with penalties and interest out of the real and personal property in said county belonging to said debtor and
the debts due to him at the time when said copy of this warrant is so docketed in the office of the clerk of such
county or at any time thereafter; and that only the property in which said debtor who is not deceased has an
interest or the debts owed to him shall be levied upon or sold hereunder; and return this warrant and pay the
money collected, to the Commissioner of Taxation and Finance of the state of New York.
Levy and callect iotal amount due shown above plus accrued interest and any additional penalties provided by law.
Current interest rate 7.50 % per year on $ 9,893.99 from JUNE 05, 2018.
The interest rate may vary according to the Tax Law.
Warrant received at 9 o'clock A.M. on JUNE 06, 2018.
for the Commissioner
DTF-977 (7/95) Deputy Tax Cornmissioner of Taxation and Finance
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F.C.A. 4-14 09/1999
§ 439, 460, Ait.5-B
At a term of the Family Court of the
State of New York, held in and for
the County of Jefferson, at Jefferson
County Court Complex, 163 Arsenal
Street, Watertown, NY 13601, on
June 30, 2022
PRESENT: Erica L. Cohen, Support Magistrate
In the Matter of a Support Proceeding File #: 19024
Docket#: F-03172-18/22F
Kara E Smith,
DOB: , CSMS #: BY36713RI
629 Gotham Street
Watertown, NY 13601, ORDER
Petitioner, ENTRY MONEY
- against - JUDGMENT
Jason G 202240013o12
Smith,
077232022 0320·50 PM
DOB:
2 Pages
5845 1 Ave E JUDGMENT
FL
Parrish, 34219, | ow.au.a.. aeva-, emuny cK curw
'
Respondent.
NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN
INCARCERATION FOR CRIMINAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO
OBEY THIS ORDER MAY RESULT IN SUSPENSION OF YOUR DRIVER'S LICENSE,
STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND OCCUPATIONAL LICENSES
AND RECREATIONAL AND SPORTINO LICENSES AND PERMITS; AND IMPOSITION OF
REAL OR PERSONAL PROPERTY LIENS.
An application having been made by Kara E Smith for an order directing the entry of
judgment in the sum of $2,845.84, that being the amount of tuition expense arrears having accrued
because of non-payment by Jason G Smith of sums directed to be paid by an order dated July 17,
2017, of Jefferson County Supreme Court together with costs and disbursements and Jason G
100*
Smith's last known address is 5845 Ave E, Parrish, FL 34219.
The matter having duly come on to be heard before this court;
NOW, after examination and inquiry into the facts and circumstances of the case and after
earing the proofs and testimony offered in relation thereto; and the defaulting party not having
showngood cause for failure to make application for relief from thejudgment or order directing such
payment prior to accrual of such arrears; it is therefore
ORDERED that the judgment be entered in favor of Kara E Smith, 629 Gotham.Street,
Watertown, NY 13601, against Jason G Smith in the amount of $2,845.84; and it is further
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Docket No: F-03172-18/22F
4-14
ORDERED that a certified copy of said judgment may be filed in the county clerts office
in accordance with Section 460 of the Family Court Act.
SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH
THIS COURT WITHIN30 DAYS OF THE DATE THE ORDER WAS RECEIVED
IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER WAS RECEIVED
BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER.
Dated: July 1, 2022 ENTER
ORDER ENhERED
JUL 0, 2022
Erica L Cohen, Support Magistrate
JEFFERSoN COUNTY
FABa.Y COURT
Check applicable box:
O Order mailed on [specify
O Order received
date(s) and to whom mailed]: 04-rf5-1'2.
in court on [specify deto(s) and to whom givent
) Snent SthRhe.A
CC: Jefferson County Support Collection Unit
Vincent John Finocchio Jr., Esq.
Lisa Sapino Cuomo, Esq.
Kara E Smith, 629 Gotlan Street, Watertown, NY 13601
1000'
Jason O Smith, 5845 Avenue E, Parrish, FL 34219
COUNTYFAMILYCM C TEN
This is to artfhr that I have compared the doregoingcopy alth
the origirial thereof ated in this ofitse and that the agnie is a
true copy thereof. and of the suhodeof such driginal.
IN W 55 W . ! ha"e hereunto '
hand and a ed the I of this-Couri
day of
uty Clerk
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F.CA 4-1409/1999
§ 439, 460, Art.5-B
.
At a term ofthe Family Court of the
State of New York, held in and for
the County of Jefferson, at Jefferson
Court Complex, 163 Arsenal
Preview
FILED: JEFFERSON COUNTY CLERK 02/03/2023 03:03 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/03/2023 Exhibit “H” FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF JEFFERSON Freedom Mortgage Corporation Index #: Filed: Plaintiff, SUMMONS -against- Plaintiff designates Jefferson Jason G. Smith, Secretary of Housing and Urban Development, County as the place of trial. New York State Department of Taxation and Finance, Venue is based upon the American Builders & Contractors Supply Co., Inc., Kara E. County in which the Smith, United States of America - Internal Revenue Service, mortgaged premises is Watertown Savings Bank, Timothy S. Garner and "JOHN DOE situated. #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service; or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty (60) days if it is the United States of America. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 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. 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. Dated: Bay Shore, New York FRENKEL, LAMBERT, WEISS, September 15, 2022 WEISMAN & GORDON, LLP BY: Deana Cheli Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-096462-F00 TO: Jason G. Smith 5845 100th Avenue E, Parrish, FL 34219 Jason G. Smith 629 Gotham Street, Watertown, NY 13601 Secretary of Housing and Urban Development New York State Department of Taxation and Finance W.A. Harriman State Campus Bldg. 9 Albany, NY 12227 2 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 American Builders & Contractors Supply Co., Inc. 13 Production Way Avenel, NJ 07001 Kara E. Smith 629 Gotham Street Watertown, NY 13601 United States of America - Internal Revenue Service 271 Cadman Plaza East Brooklyn, NY 11201 Watertown Savings Bank 111 Clinton Street Watertown, NY 13601 Timothy S. Garner c/o Tenaha Sparacino, Esq. 120 Washington Street, Suite 400 Watertown, NY 13601 3 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF JEFFERSON Freedom Mortgage Corporation Plaintiff, COMPLAINT -against- Jason G. Smith, Secretary of Housing and Urban Development, New York State Department of Taxation and Finance, American Builders & Contractors Supply Co., Inc., Kara E. Smith, United States of America - Internal Revenue Service, Watertown Savings Bank, Timothy S. Garner and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, complaining of the defendants herein allege, upon information and belief, as follows: AS A FIRST CAUSE OF ACTION 1. That the plaintiff, Freedom Mortgage Corporation, at all times hereinafter mentioned was and still is a Domestic Corporation authorized to do business in the State of New York. 2. On or about January 12, 2018, JASON G. SMITH executed and delivered to Residential Mortgage Services, Inc. a note dated January 12, 2018 whereby JASON G. SMITH promised to pay the principal sum of $177,721.00. 3. On or about January 12, 2018, JASON G. SMITH executed and delivered to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Residential Mortgage Services, Inc., its successors and assigns a mortgage (hereinafter "mortgage") in the principal sum of $177,721.00, with interest, mortgaging the premises known as 629 Gotham Street, Watertown, NY 13601 (hereinafter "premises") as collateral security for the note. The mortgaged premises is more fully described in EXHIBIT "A" annexed hereto. 4. The mortgage was duly recorded in the Office of the Clerk of the County of Jefferson on January 18, 2018 in Instrument No. 2018-00000903, and the recording tax was duly paid. 5. That plaintiff is in possession of the original note with a proper endorsement and/or allonge and is therefore, the holder of both the note and mortgage, which passes as incident to the note. 4 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 6. Pursuant to the note, JASON G. SMITH, promised to make consecutive monthly payments of principal and interest each month, in accordance with the terms of the note, commencing March 01, 2018 and on the first day of each succeeding month up to and including February 01, 2048 when the entire principal amount and accrued interest shall be due and payable. 7. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 8. The mortgage further provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage could declare the entire indebtedness secured by the mortgage immediately due and payable, and the holder of the mortgage is empowered to sell the mortgaged premises according to law. 9. Jason G. Smith failed to comply with the terms, covenants and conditions of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on December 01, 2021 and said default has continued for a period in excess of fifteen (15) days. 10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 11. That there is now due and owing to the plaintiff under said note and mortgage the principal sum of $165,893.42 with interest thereon from November 01, 2021, plus late charges if applicable pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and any other charges due and owing pursuant to the terms of the note and mortgage. 12. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of payment after the date of commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 13. In order to protect its security, the plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 14. Upon information and belief all the defendants herein have or claim to have some interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set forth in "Schedule A" that is attached to this complaint. 5 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 15. No prior action has been brought to recover part of the mortgage debt. 16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable or unless exempt from doing so. 17. Upon information and belief, plaintiff has complied with the provisions of Real Property Actions and Proceedings Law §1304 and §1306 unless exempt from doing so. 18. That the plaintiff is now the owner and holder of the said note and mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note or is the holder of the note and mortgage and has been delegated the authority to institute a mortgage foreclosure action by the owner of the note and mortgage. 19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or delegation of authority by the owner of the subject note and mortgage. 20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and any violations thereof. 22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. AS AND FOR A SECOND CAUSE OF ACTION 23. The plaintiff repeats and realleges each and every allegation contained in paragraphs designated 1 through 22. 24. The mortgage provides that in the event of default, the plaintiff may recover all costs, including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises, including foreclosure of the mortgage. 6 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows: a) That the defendants and all persons claiming under them or any of them, subsequent to the commencement of this action and to the filing of the Notice of Pendency of this action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; b) That the mortgaged premises be sold in one parcel according to law subject to any state of facts an accurate survey would show, any covenants, easements, encroachments, reservations, and restrictions, violations and agreements of record, zoning regulations and ordinances of the city, town, or village; wherein the premises is located, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record and any and all rights of the United States of America to redeem the subject premises; c) That the premises be sold in accordance with Title 28, Section 2410 of the United State Code preserving all rights of redemption, if any, of the United States of America; d) That the monies received from the sale be brought into Court and that plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums, sums expended for the protection or preservation of the property, together with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this action and any other necessary expenses to protect the lien of the mortgage to the extent that the amount of such monies applicable thereto will pay the same; e) That this Court, if requested, appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; f) That the defendant(s) obligated under the note be adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in accordance with the law and provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy petition or that said defendant(s) obligated under the note have been relieved of responsibility for any such deficiency. g) That in the event plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; 7 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 h) That plaintiff have such other and further relief in the mortgaged premises as may be just and equitable. Dated: Bay Shore, New York September 15, 2022 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP By: Deana Cheli Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-096462-F00 8 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 07:14 PM 03:03 INDEX NO. EF2022-00002555 EXHIBIT A NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 LEGAL DESCRIPTION The Property which is located at 629 Gotham Street, Watertown, New York 13601. This Property is in Jefferson County. It has the following legal description: All that tract or parcel of land situate in the City of Watertown , County of Jefferson and State of New York and is described as follows: Beginning at a point in the easterly street margin of Gotham Street, said point is situate N. 28° 40' W. along the easterly street margin of Gotham Street a distance of 127.5 feet from the intersection of the easterly street margin of Gotham Street and the northerly street margin of Flower Avenue East; thence N. 28° 40' W. along the easterly street margin of Gotham Street a distance of 63.0 feet to a point; thence N. 74° 50' E. passing through an iron pipe found at 2.1 feet and continuing a total distance of 116.4 feet to an iron pipe found; thence S 82° 57' E. a distance of 226.0 feet to an iron pipe found; thence S. 6° 24' W. a distance of 48.2 feet to an iron pipe found; thence N. 83° 43' W. a distance of 135.1 feet to an iron pipe found; thence No. 9° 59' W. a distance of 19.0 feet to an iron pipe found; thence S. 75° 03' W. passing through an iron pipe found at 167.7 feet and continuing a total distance of 169.2 feet to the point of beginning. Being the same property as conveyed from Troy M. Fleming to Jason G. Smith as set forth in Deed Instrument #2018-00000902 dated 01/12/2018, recorded 01/18/2018, Jefferson County, New York. 9 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 Schedule A Party Name Description JASON G. SMITH Obligor/Mortgagor/Owner SECRETARY OF HOUSING and Holder of a subordinate mortgage on the subject URBAN DEVELOPMENT premises. Said mortgage recorded February 4, 2021, in Instrument No. 2021-00001820. NEW YORK STATE DEPARTMENT OF Holder of Judgment(s) against the property being TAXATION and FINANCE foreclosed herein. Said lien is more particularly described in Exhibit "B" annexed hereto. AMERICAN BUILDERS & Judgment Creditor CONTRACTORS SUPPLY CO., INC. KARA E. SMITH Judgment Creditor UNITED STATES OF AMERICA - Holder of Judgment(s) against the property being INTERNAL REVENUE SERVICE foreclosed herein. Said lien is more particularly described in Exhibit "B" annexed hereto. WATERTOWN SAVINGS BANK Possible Judgment Creditor TIMOTHY S. GARNER Possible Judgment Creditor 10 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 EXHIBIT B NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 New M State Department of Th×ation and Finance Civil Enforcement-CO-ATC W A Harriman Campus Albany NY 12227-0001 ud ment Commissioner of Taxation and Finance against Judgment . Warrant ID: JASONG SMITH Debtor 25683 BECKWITH RD E-046138582-W001-3 EVANS MILt.S. NY 13637-3309 Last Known Address County of Judgment: JEFFERSON Anticle of Tax Law: 22/30 The people of the state of New York to: T LEWIS an officer or employee of the Department of Taxation and Finance: Whereas. a tax has been found due to the Commissioner of Taxation and Finance of the state of New York imposed by the above noted Article of Tax Law from the debtor named, the nature and amount of which, together with the interest and penalties thereon, are as follows: Assessment Period Assessment ID Ending Tax Penalty Interest Total L-046162160-6 12/31/13 $ 101.00 $ 125.00 0 48.01 $ 274.01 L-046142183-6 12/ 31/14· 692.00 318.18 211.27 1 ,221.45 L-046138582-2 12/31/15 5,389.00 1,912.99 1,096.54 8,398.S3 2018-00008182 06112/2018 01:5220 PM 1 Pages .- . .... , . . WARRANT Gizelle J Meeks, JeRersonCounty Clerk ClarkAF I I Total amount due & e 9,e93.99 And whereas, said tax, interest and penalties now remain wholly unpaid; Now therefore, we command you to file a copy of this warrant within five days after its receipt by you in the office of the clerk of the county named above, for entry by him in the judgment docket, pursuant to the provisions of the Tax Law. And we further command you, that you satisfy said claim of saiçI Commissioner of Taxation and Finance for said tax with penalties and interest out of the real and personal property in said county belonging to said debtor and the debts due to him at the time when said copy of this warrant is so docketed in the office of the clerk of such county or at any time thereafter; and that only the property in which said debtor who is not deceased has an interest or the debts owed to him shall be levied upon or sold hereunder; and return this warrant and pay the money collected, to the Commissioner of Taxation and Finance of the state of New York. Levy and callect iotal amount due shown above plus accrued interest and any additional penalties provided by law. Current interest rate 7.50 % per year on $ 9,893.99 from JUNE 05, 2018. The interest rate may vary according to the Tax Law. Warrant received at 9 o'clock A.M. on JUNE 06, 2018. for the Commissioner DTF-977 (7/95) Deputy Tax Cornmissioner of Taxation and Finance 11 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 F.C.A. 4-14 09/1999 § 439, 460, Ait.5-B At a term of the Family Court of the State of New York, held in and for the County of Jefferson, at Jefferson County Court Complex, 163 Arsenal Street, Watertown, NY 13601, on June 30, 2022 PRESENT: Erica L. Cohen, Support Magistrate In the Matter of a Support Proceeding File #: 19024 Docket#: F-03172-18/22F Kara E Smith, DOB: , CSMS #: BY36713RI 629 Gotham Street Watertown, NY 13601, ORDER Petitioner, ENTRY MONEY - against - JUDGMENT Jason G 202240013o12 Smith, 077232022 0320·50 PM DOB: 2 Pages 5845 1 Ave E JUDGMENT FL Parrish, 34219, | ow.au.a.. aeva-, emuny cK curw ' Respondent. NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIMINAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPENSION OF YOUR DRIVER'S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTINO LICENSES AND PERMITS; AND IMPOSITION OF REAL OR PERSONAL PROPERTY LIENS. An application having been made by Kara E Smith for an order directing the entry of judgment in the sum of $2,845.84, that being the amount of tuition expense arrears having accrued because of non-payment by Jason G Smith of sums directed to be paid by an order dated July 17, 2017, of Jefferson County Supreme Court together with costs and disbursements and Jason G 100* Smith's last known address is 5845 Ave E, Parrish, FL 34219. The matter having duly come on to be heard before this court; NOW, after examination and inquiry into the facts and circumstances of the case and after earing the proofs and testimony offered in relation thereto; and the defaulting party not having showngood cause for failure to make application for relief from thejudgment or order directing such payment prior to accrual of such arrears; it is therefore ORDERED that the judgment be entered in favor of Kara E Smith, 629 Gotham.Street, Watertown, NY 13601, against Jason G Smith in the amount of $2,845.84; and it is further 12 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 Page: 2 of 2 Docket No: F-03172-18/22F 4-14 ORDERED that a certified copy of said judgment may be filed in the county clerts office in accordance with Section 460 of the Family Court Act. SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN30 DAYS OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER. Dated: July 1, 2022 ENTER ORDER ENhERED JUL 0, 2022 Erica L Cohen, Support Magistrate JEFFERSoN COUNTY FABa.Y COURT Check applicable box: O Order mailed on [specify O Order received date(s) and to whom mailed]: 04-rf5-1'2. in court on [specify deto(s) and to whom givent ) Snent SthRhe.A CC: Jefferson County Support Collection Unit Vincent John Finocchio Jr., Esq. Lisa Sapino Cuomo, Esq. Kara E Smith, 629 Gotlan Street, Watertown, NY 13601 1000' Jason O Smith, 5845 Avenue E, Parrish, FL 34219 COUNTYFAMILYCM C TEN This is to artfhr that I have compared the doregoingcopy alth the origirial thereof ated in this ofitse and that the agnie is a true copy thereof. and of the suhodeof such driginal. IN W 55 W . ! ha"e hereunto ' hand and a ed the I of this-Couri day of uty Clerk 13 of 19 FILED: JEFFERSON COUNTY CLERK 02/03/2023 09/21/2022 03:03 07:14 PM INDEX NO. EF2022-00002555 NYSCEF DOC. NO. 35 1 RECEIVED NYSCEF: 02/03/2023 09/21/2022 F.CA 4-1409/1999 § 439, 460, Art.5-B . At a term ofthe Family Court of the State of New York, held in and for the County of Jefferson, at Jefferson Court Complex, 163 Arsenal