Preview
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
EXHIBIT E
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
SU. REME COU OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CITIMORTGAGE, INC., Index No.
Date Filed:
Plaintiff,
SUMMONS
-against-
Plaintiff designates
EDUARDO CASTRO, PAOLA CASTRO AND MARLON Nassau as the
Doe" Doe" County
CASTRO and "John and/or "Jane # 1-10 inclusive, place of trial based on the
the last ten names being fictitious and unknown to plaintiff, the
location of the mortgaged
persons or parties intended being the tenants, occupants, persons
in this action.
or corporations, if any, having or claiming an interest in or lien
upon the premises described in the complaint,
Defendants. JUL31
. .
CAU
CO COUNTy
beE
We are attempting to collect a debt, and any information obtained will
anrnme.
R E C E I P T MED to answer the complaint in this action and to serve a
Printed: July 31, 201A @ 12 40 3
NAsSAU COUNTY
MAUREEN O'CONNELL .int is not served with this summons, to serve a notice of
COUNTY CLERK
265533 within days after the service of this summons,
3 Oper:RGE001 twenty (20)
## I
14--007455 ithin thirty (30) days after the service is complete if this
CRt
---- ._ 201A
12:39:26p
T-
DESCRIPTION > you within the State ofNew York) or within (60) days after
1
CITIMORTGAGE INC
2 CASTRO,
EDUARDO ted States of America; and in case ofyour failure to appear or
DORECLOSURE
ept of SUMMONSSCOMPLAINT
Education
RAA E UC9AT
st you by default for the relief demanded in the complaint.
14
County Fee . 75
State 25 , 00
Fee-Index
FORECLOSURE 165.00
190.00
Total fees
m Total charges
CHECK PM 55710
- 1 -
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CITIMORTGAGE, INC., Index No.
Date Filed:
Plaintiff,
SUMMONS
-against-
Plaintiff designates
EDUARDO CASTRO, PAOLA CASTRO AND MARLON
Nassau County as the
Doe" " Doe"
CASTRO and "John and/or Jane # 1-10 inclusive, place of trial based on the
the last ten names being fictitious and unknown to plaintiff, the
location of the mortgaged
persons or parties intended being the tenants, occupants, persons
premises in this action.
or corporations, if any, having or claiming an interest in or lien
upon the premises described in the complaint,
Defendants.
We are attempting to collect a debt, and any information obtained will be used for that
purpose.
To the above-named defendants:
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 plaintiff s attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York) or within (60) days after
service of this summons if it is the United States of America; 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.
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
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.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
This is an action to foreclose a mortgage lien on the premises described herein.
The object of the above captioned action is to foreclose a Mortgage to secure $368,191.00
and interest, recorded in the Office of the County Clerk of Nassau County on October 11, 2007 in
Liber 32407, Page 393, covering premises known as 26 ARCHER ROAD, WEST HEMPSTEAD,
COUNTY OF NASSAU, STATE OF NEW YORK (Section 34 Block 316 Lot 169).
The relief sought in the within action is a final judgment directing the sale of the premises
described above. The Plaintiff also seeks a deficiency judgment against the Defendants, EDUARDO
CASTRO, PAOLA CASTRO AND MARLON CASTRO, for any debt secured by said Mortgage
which is not satisfied by the proceeds of the sale of said premises, unless discharged in bankruptcy.
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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
Dated: Rego P irk, New York
2014
SWEENEY, GA , , REIC & BOLZ, LLP
David A. Ga o, Esq.
Attorneys for Plaintiff
95-25 Queens Boulevard, 11th Floor
Rego Park, New York 11374
(718) 459-2634
TO: EDUARDO CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
PAOLA CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
MARLON CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CITIMORTGAGE, INC., Index No.
Plaintiff, VERIFIED
-against- COMPLAINT
EDUARDO CASTRO, PAOLA CASTRO AND MARLON Mortgage
Doe" Doe"
CASTRO and "John and/or "Jane # 1-10 inclusive, Foreclosure
the last ten 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.
Plaintiff CITIMORTGAGE, INC., (hereinafter referred to as "CMI"), by its attorneys,
Sweeney, Gallo, Reich & Bolz, LLP, complains and alleges, upon information and belief, as follows:
1. This is an action to foreclose a mortgage lien on the premises described herein.
2. The plaintiff is the mortgagee and the holder of the subject note and mortgage and if
not the owner, has been delegated the authority to institute a mortgage foreclosure action by the
owner and holder of the subject note and mortgage. Foreclosing party or creditor ("Noteholder"),
directly or through an agent, has possession of the promissory note. The promissory note is either
made payable to the Foreclosing Party or has been duly indorsed.
3. Where applicable, the plaintiff has complied with all of the provisions of the Banking
Law § 595-a and rules and regulations promulgated thereunder, Banking Law § 6-1 or 6-m as
applicable to the subject loan, and RPAPL § 1304, as amended.
4. The plaintiff, assignee or mortgage loan servicer, has timely complied with the
provisions of RPAPL § 1306.
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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
5. Plaintiff is, and at all times relevant herein was, a corporation authorized to conduct
business in the State of New York, with its principal place of business c/o CITIMORTGAGE, INC.,
located at 1000 TECHNOLOGY DRIVE, O'FALLON, MISSOURI.
6. The premises, which are the subject of this action, are situated at 26 ARCHER
ROAD, WESTHEMPSTEAD, COUNTY OF NASSAU, STATE OF NEW YORK (the "Premises").
7. EDUARDO CASTRO is named as Defendant because he is the purported owner of
record of the Premises and is obligor on a certain note secured by a mortgage on the Premises. Upon
information and belief, said defendant's last known residence is at the Premises.
8. PAOLA CASTRO is named as Defendant because she is the purported owner of
record of the Premises and is obligor on a certain note secured by a mortgage on the Premises. Upon
information and belief, said defendant's last known residence is at the Premises.
9. MARLON CASTRO is named as Defendant because he is the purported owner of
record of the Premises and is obligor on a certain note secured by a mortgage on the Premises. Upon
information and belief, said defendant's last known residence is at the Premises.
Doe" Doe"
10. "John and/or "Jane # 1-10 inclusive, are fictitious and unknown to
plaintiff. They are named as defendants to designate any and all tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon the Premises.
11. The following are made party defendants herein solely because they may have or
claim to have a lien affecting the Premises:
N/A
The above liens are subject and subordinate to the lien of the Plaintiff s mortgage. (See, copy of
Mortgage/Judgment Schedules attached hereto and made part hereof.)
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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
12. On or about October 2, 2007, defendants EDUARDO CASTRO, PAOLA CASTRO
AND MARLON CASTRO, ("Defendants") executed and delivered to CitiMortgage, Inc. a Note (the
"Note"), whereby the Defendants agreed to pay to CitiMortgage, Inc. or its transferees the sum of
$368,191.00, plus increases in principal, if any, with interest thereon, installments of principal and
interest to be paid monthly, in substantially equal payments on the same date of each month until
maturity, all as provided in the Note.
13. As collateral security for the payment ofthe Note, defendants EDUARDO CASTRO,
PAOLA CASTRO AND MARLON CASTRO executed, acknowledged, and delivered to Mortgage
Electronic Registration Systems Inc. (MERS) as nominee for CitiMortgage a mortgage dated
October 2, 2007, in the principal amount of $368,191.00 (the "Mortgage"), which was recorded in
the Office of the County Clerk of Nassau County on October 11, 2007 in Liber 32407, Page 393, and
the mortgage recording tax was duly paid.
14. The Premises encumbered by said Mortgage, with all appurtenances thereto, is
bounded and fully described in Schedule A annexed hereto and made part hereof.
15. The Note provides, inter alia, for the payment of late charges in case of default of any
installment which has become due and remained unpaid in excess of 15 days and further provides,
inter alia, for the payment of all costs and expenses, including attorney's fees in the event the Note is
referred to an attorney for collection.
16. The Mortgage obligates the Defendants, inter alia, to pay, on a monthly basis, to
plaintiff, at plaintiff s option, an amount equal to 1/12 of the annual taxes, assessments, ground rents,
and hazard and mortgage insurance premiums to become due in connection with the Premises
pursuant to the Mortgage.
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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
17. The Mortgage provides, inter alia, for the payment of late charges in case of default of
any installment which has become due and remained unpaid in excess of 15 days.
18. The Mortgage provides, inter alia, that in the event of a default in the payment of any
principal or interest that might become due thereon, plaintiff may declare the entire indebtedness
secured by the Mortgage immediately due and payable and commence an action to foreclose the
Defendants'
rights in the Premises and sell them pursuant to applicable law.
19. The Note and Mortgage obligates the Defendants, inter alia, to pay plaintiff s
reasonable attorney's fees in the event of a default and in any action to foreclose the Mortgage.
20. The Defendants defaulted under the terms of the Note and Mortgage by omitting and
failing to make monthly payments of principal and interest due from February 1, 2010 through date.
21. As a result of the foregoing and in accordance with its rights under the Note and
Mortgage, plaintiff has elected to exercise its option to demand immediate payment in full of the
amounts outstanding under the Note and Mortgage and has notified the Defendants of its decision to
demand immediate payment in full.
Defendants'
22. As a result of the failure to pay the obligation under the Note and
Mortgage, there is now due and owing to plaintiff on the principal of the Mortgage the sum of
$358,924.67 together with accrued interest from January 1, 2010 at the present rate of 6.500% as
stated in the Note and Mortgage, and such other payments as are set forth in the Note and Mortgage.
23. In order to protect its security, 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 payment, shall be added to the plaintiff s
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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
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.
24. The Mortgage provides that, in the case of foreclosure, the mortgaged premises may
be sold in one parcel.
25. The mortgaged premises under foreclosure herein is to be sold subject to any state of
facts an accurate survey would show; and to covenants, restrictions, reservations, easements and
agreements of record, if any, and any violations thereof; and to building restrictions and zoning
ordinances of the town or municipality in which said mortgaged premises are situated, if any, and
any violations thereof; and to conditional bills of sale, security agreements and financing statements
filed in connection with said mortgaged premises, if any, but only to the extent that any of the
foregoing are not barred or foreclosed by this action; and to existing tenancies, if any, except such
tenants who are parties defendants to this action; and to all unpaid real estate taxes, assessments,
water charges and sewer rents, which are liens upon the premises but are not due or payable as of the
time of the sale. In addition, the purchaser of the mortgaged premises at the foreclosure sale shall be
required to pay all applicable local and state transfer taxes, deed stamps or other taxes due in
connection with the transfer of the mortgaged premises.
26. The plaintiff shall not be deemed to have waived, altered, released or changed the
election hereinbefore made by reason of the payment, after the date of the commencement of this
action, of any or all of the defaults mentioned herein; and such election shall continue and remain
effective until the costs and disbursements of this action, and all present and future defaults under the
Note and Mortgage and occurring prior to the discontinuance of this action are fully paid.
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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023
27. In the event the plaintiff possesses any other liens against the mortgaged premises
either by way of a junior mortgage or otherwise, the plaintiff requests that such other liens shall not
be merged into the cause of action set forth in this complaint, but that the plaintiff shall be permitted
to enforce said other liens and seek determination of the priority thereof in any independent action or
proceeding including without limitation any surplus money proceeding.
28. No prior action or proceeding has been commenced or is now pending to enforce the
terms of the Mortgage, or any part thereof.
WHEREFORE, plaintiff demands judgment against the defendants as follows:
A. That each and all of the defendants in this action, and any and all persons claiming by,
through and under any of them, subsequent to the commencement of this action and the filing of the
notice of pendency of this action, may be forever barred and foreclosed of any and all right, title and
interest, claim, lien and equity of redemption in the mortgage Premises;
B. That the Court direct that the Premises can be sold according to law, in one parcel or
otherwise as equity may require;
C. That the monies arising from the sale of the Premises may be brought into Court or
paid to the plaintiff in accordance with RPAPL§ 1354.
D. That the monies due to plaintiff on the Mortgage may be adjudged and computed;
E. That plaintiff may be paid the amount adjudged to be due on the Mortgage with
interest at the time of such payment, together with any monies advanced and paid pursuant to any
term or provision of the Mortgage so as to protect the lien of the Mortgage, and together with taxes,
insurance premiums and all other charges and liens paid thereon with interest upon said amount from
the date of the respective
Preview
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 EXHIBIT E FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 SU. REME COU OF THE STATE OF NEW YORK COUNTY OF NASSAU CITIMORTGAGE, INC., Index No. Date Filed: Plaintiff, SUMMONS -against- Plaintiff designates EDUARDO CASTRO, PAOLA CASTRO AND MARLON Nassau as the Doe" Doe" County CASTRO and "John and/or "Jane # 1-10 inclusive, place of trial based on the the last ten names being fictitious and unknown to plaintiff, the location of the mortgaged persons or parties intended being the tenants, occupants, persons in this action. or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. JUL31 . . CAU CO COUNTy beE We are attempting to collect a debt, and any information obtained will anrnme. R E C E I P T MED to answer the complaint in this action and to serve a Printed: July 31, 201A @ 12 40 3 NAsSAU COUNTY MAUREEN O'CONNELL .int is not served with this summons, to serve a notice of COUNTY CLERK 265533 within days after the service of this summons, 3 Oper:RGE001 twenty (20) ## I 14--007455 ithin thirty (30) days after the service is complete if this CRt ---- ._ 201A 12:39:26p T- DESCRIPTION > you within the State ofNew York) or within (60) days after 1 CITIMORTGAGE INC 2 CASTRO, EDUARDO ted States of America; and in case ofyour failure to appear or DORECLOSURE ept of SUMMONSSCOMPLAINT Education RAA E UC9AT st you by default for the relief demanded in the complaint. 14 County Fee . 75 State 25 , 00 Fee-Index FORECLOSURE 165.00 190.00 Total fees m Total charges CHECK PM 55710 - 1 - FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CITIMORTGAGE, INC., Index No. Date Filed: Plaintiff, SUMMONS -against- Plaintiff designates EDUARDO CASTRO, PAOLA CASTRO AND MARLON Nassau County as the Doe" " Doe" CASTRO and "John and/or Jane # 1-10 inclusive, place of trial based on the the last ten names being fictitious and unknown to plaintiff, the location of the mortgaged persons or parties intended being the tenants, occupants, persons premises in this action. or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. We are attempting to collect a debt, and any information obtained will be used for that purpose. To the above-named defendants: 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 plaintiff s attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York) or within (60) days after service of this summons if it is the United States of America; 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. FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 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. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT This is an action to foreclose a mortgage lien on the premises described herein. The object of the above captioned action is to foreclose a Mortgage to secure $368,191.00 and interest, recorded in the Office of the County Clerk of Nassau County on October 11, 2007 in Liber 32407, Page 393, covering premises known as 26 ARCHER ROAD, WEST HEMPSTEAD, COUNTY OF NASSAU, STATE OF NEW YORK (Section 34 Block 316 Lot 169). The relief sought in the within action is a final judgment directing the sale of the premises described above. The Plaintiff also seeks a deficiency judgment against the Defendants, EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO, for any debt secured by said Mortgage which is not satisfied by the proceeds of the sale of said premises, unless discharged in bankruptcy. - 2 - FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 Dated: Rego P irk, New York 2014 SWEENEY, GA , , REIC & BOLZ, LLP David A. Ga o, Esq. Attorneys for Plaintiff 95-25 Queens Boulevard, 11th Floor Rego Park, New York 11374 (718) 459-2634 TO: EDUARDO CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 PAOLA CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 MARLON CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 - 3 - FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CITIMORTGAGE, INC., Index No. Plaintiff, VERIFIED -against- COMPLAINT EDUARDO CASTRO, PAOLA CASTRO AND MARLON Mortgage Doe" Doe" CASTRO and "John and/or "Jane # 1-10 inclusive, Foreclosure the last ten 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. Plaintiff CITIMORTGAGE, INC., (hereinafter referred to as "CMI"), by its attorneys, Sweeney, Gallo, Reich & Bolz, LLP, complains and alleges, upon information and belief, as follows: 1. This is an action to foreclose a mortgage lien on the premises described herein. 2. The plaintiff is the mortgagee and the holder of the subject note and mortgage and if not the owner, has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject note and mortgage. Foreclosing party or creditor ("Noteholder"), directly or through an agent, has possession of the promissory note. The promissory note is either made payable to the Foreclosing Party or has been duly indorsed. 3. Where applicable, the plaintiff has complied with all of the provisions of the Banking Law § 595-a and rules and regulations promulgated thereunder, Banking Law § 6-1 or 6-m as applicable to the subject loan, and RPAPL § 1304, as amended. 4. The plaintiff, assignee or mortgage loan servicer, has timely complied with the provisions of RPAPL § 1306. - 1 - FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 5. Plaintiff is, and at all times relevant herein was, a corporation authorized to conduct business in the State of New York, with its principal place of business c/o CITIMORTGAGE, INC., located at 1000 TECHNOLOGY DRIVE, O'FALLON, MISSOURI. 6. The premises, which are the subject of this action, are situated at 26 ARCHER ROAD, WESTHEMPSTEAD, COUNTY OF NASSAU, STATE OF NEW YORK (the "Premises"). 7. EDUARDO CASTRO is named as Defendant because he is the purported owner of record of the Premises and is obligor on a certain note secured by a mortgage on the Premises. Upon information and belief, said defendant's last known residence is at the Premises. 8. PAOLA CASTRO is named as Defendant because she is the purported owner of record of the Premises and is obligor on a certain note secured by a mortgage on the Premises. Upon information and belief, said defendant's last known residence is at the Premises. 9. MARLON CASTRO is named as Defendant because he is the purported owner of record of the Premises and is obligor on a certain note secured by a mortgage on the Premises. Upon information and belief, said defendant's last known residence is at the Premises. Doe" Doe" 10. "John and/or "Jane # 1-10 inclusive, are fictitious and unknown to plaintiff. They are named as defendants to designate any and all tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Premises. 11. The following are made party defendants herein solely because they may have or claim to have a lien affecting the Premises: N/A The above liens are subject and subordinate to the lien of the Plaintiff s mortgage. (See, copy of Mortgage/Judgment Schedules attached hereto and made part hereof.) - 2 - FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 12. On or about October 2, 2007, defendants EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO, ("Defendants") executed and delivered to CitiMortgage, Inc. a Note (the "Note"), whereby the Defendants agreed to pay to CitiMortgage, Inc. or its transferees the sum of $368,191.00, plus increases in principal, if any, with interest thereon, installments of principal and interest to be paid monthly, in substantially equal payments on the same date of each month until maturity, all as provided in the Note. 13. As collateral security for the payment ofthe Note, defendants EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO executed, acknowledged, and delivered to Mortgage Electronic Registration Systems Inc. (MERS) as nominee for CitiMortgage a mortgage dated October 2, 2007, in the principal amount of $368,191.00 (the "Mortgage"), which was recorded in the Office of the County Clerk of Nassau County on October 11, 2007 in Liber 32407, Page 393, and the mortgage recording tax was duly paid. 14. The Premises encumbered by said Mortgage, with all appurtenances thereto, is bounded and fully described in Schedule A annexed hereto and made part hereof. 15. The Note provides, inter alia, for the payment of late charges in case of default of any installment which has become due and remained unpaid in excess of 15 days and further provides, inter alia, for the payment of all costs and expenses, including attorney's fees in the event the Note is referred to an attorney for collection. 16. The Mortgage obligates the Defendants, inter alia, to pay, on a monthly basis, to plaintiff, at plaintiff s option, an amount equal to 1/12 of the annual taxes, assessments, ground rents, and hazard and mortgage insurance premiums to become due in connection with the Premises pursuant to the Mortgage. - 3 - FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 17. The Mortgage provides, inter alia, for the payment of late charges in case of default of any installment which has become due and remained unpaid in excess of 15 days. 18. The Mortgage provides, inter alia, that in the event of a default in the payment of any principal or interest that might become due thereon, plaintiff may declare the entire indebtedness secured by the Mortgage immediately due and payable and commence an action to foreclose the Defendants' rights in the Premises and sell them pursuant to applicable law. 19. The Note and Mortgage obligates the Defendants, inter alia, to pay plaintiff s reasonable attorney's fees in the event of a default and in any action to foreclose the Mortgage. 20. The Defendants defaulted under the terms of the Note and Mortgage by omitting and failing to make monthly payments of principal and interest due from February 1, 2010 through date. 21. As a result of the foregoing and in accordance with its rights under the Note and Mortgage, plaintiff has elected to exercise its option to demand immediate payment in full of the amounts outstanding under the Note and Mortgage and has notified the Defendants of its decision to demand immediate payment in full. Defendants' 22. As a result of the failure to pay the obligation under the Note and Mortgage, there is now due and owing to plaintiff on the principal of the Mortgage the sum of $358,924.67 together with accrued interest from January 1, 2010 at the present rate of 6.500% as stated in the Note and Mortgage, and such other payments as are set forth in the Note and Mortgage. 23. In order to protect its security, 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 payment, shall be added to the plaintiff s - 4 - FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 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. 24. The Mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. 25. The mortgaged premises under foreclosure herein is to be sold subject to any state of facts an accurate survey would show; and to covenants, restrictions, reservations, easements and agreements of record, if any, and any violations thereof; and to building restrictions and zoning ordinances of the town or municipality in which said mortgaged premises are situated, if any, and any violations thereof; and to conditional bills of sale, security agreements and financing statements filed in connection with said mortgaged premises, if any, but only to the extent that any of the foregoing are not barred or foreclosed by this action; and to existing tenancies, if any, except such tenants who are parties defendants to this action; and to all unpaid real estate taxes, assessments, water charges and sewer rents, which are liens upon the premises but are not due or payable as of the time of the sale. In addition, the purchaser of the mortgaged premises at the foreclosure sale shall be required to pay all applicable local and state transfer taxes, deed stamps or other taxes due in connection with the transfer of the mortgaged premises. 26. The plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid. - 5 - FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/13/2023 27. In the event the plaintiff possesses any other liens against the mortgaged premises either by way of a junior mortgage or otherwise, the plaintiff requests that such other liens shall not be merged into the cause of action set forth in this complaint, but that the plaintiff shall be permitted to enforce said other liens and seek determination of the priority thereof in any independent action or proceeding including without limitation any surplus money proceeding. 28. No prior action or proceeding has been commenced or is now pending to enforce the terms of the Mortgage, or any part thereof. WHEREFORE, plaintiff demands judgment against the defendants as follows: A. That each and all of the defendants in this action, and any and all persons claiming by, through and under any of them, subsequent to the commencement of this action and the filing of the notice of pendency of this action, may be forever barred and foreclosed of any and all right, title and interest, claim, lien and equity of redemption in the mortgage Premises; B. That the Court direct that the Premises can be sold according to law, in one parcel or otherwise as equity may require; C. That the monies arising from the sale of the Premises may be brought into Court or paid to the plaintiff in accordance with RPAPL§ 1354. D. That the monies due to plaintiff on the Mortgage may be adjudged and computed; E. That plaintiff may be paid the amount adjudged to be due on the Mortgage with interest at the time of such payment, together with any monies advanced and paid pursuant to any term or provision of the Mortgage so as to protect the lien of the Mortgage, and together with taxes, insurance premiums and all other charges and liens paid thereon with interest upon said amount from the date of the respective