Preview
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
EXHIBIT I
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CITIMORTGAGE, INC., Index No. 7455/2014
Plaintiff, REFEREE'S OATH
-against-
EDUARDO CASTRO, PAOLA CASTRO, MARLON
CASTRO,
Defendants.
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, Avrohom Gefen, Esq., the Referee, appointed by an Order of this Court dated January 27,
2016, and entered in the above entitled action, to ascertain and compute the amount due to plaintiff
for principal, interest and other charges due upon the note and mortgage upon which this action was
brought, and to examine and report whether the mortgaged premises can be sold in parcels, do
solemnly swear that I will faithfully and fairly determine the questions so referred to me, and make a
just and true report hereon according to the best of my understanding and as the said Order requires.
Avrohom Gefen,
REFEREE
ry Sign tufe
ated /7 of 2016
MICHAEL D. HUMPHREY
NOTARY PUBLIC-STATE OF NEW YORK
No. 02HU607216B
Quollfled In Suffolk County
My Commission Expires August 26, 2018
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CITIMORTGAGE, INC., Index No. 7455/2014
Plaintiff, REFEREE'S REPORT
OF AMOUNT DUE
-against-
EDUARDO CASTRO, PAOLA CASTRO, MARLON
CASTRO,
Defendants.
TO THE SUPREME COURT:
In pursuance of an order of this Court entered in the above-entitled action on or about January
27, 2016 (the "Order"), whereby I, Avrohom Gefen, Esq., was appointed as Referee to compute and
ascertain the amount due plaintiff (hereinafter referred to as "CITIMORTGAGE"), upon the note and
mortgage on which this action was brought, and to examine and report whether the mortgaged
premises can be sold in parcels;
Avrohom Gefen, Esq., the Referee named in the Order, DO REPORT that before proceeding
to hear the testimony, I was first duly sworn to determine faithfully and fairly the questions referred
to me, and to make a just and true report thereon, according to the best of my understanding. I
received evidence in the form of a duly sworn affidavit, executed by Elizabeth Holland, a Vice
President - Document for plaintiff.
Control,
I have computed and ascertained the amount due plaintiff upon the subject note and
mortgage, and I find, and accordingly report, that there is due to the plaintiff on the said note and
mortgage, as of April 23, 2016, the total sum of $582,286.27, which amount includes interest until
April 23, 2016, and other loan charges and disbursements including but not limited to late charges
until acceleration of the mortgage, advances for real estate taxes and/or insurance, all as more fully
set forth in Schedule A attached hereto.
Plaintiff has advanced monies for taxes on the mortgaged premises as said taxes hecame due
and owing. Plaintiff is entitled to recover those monies advanced for taxes, which are reflected on
Schedule A as an escrow deficiency. Plaintiff is also entitled to recover any additional monies
advanced for taxes, prior to the closing of title of the referee's sale in this action.
In addition, I have determined that plaintiff is entitled to recover accrued interest per diem, as
well as its advances, costs, and expenses through April 23, 2016 to date of closing of title of the
referee's sale in this action.
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
I have made inquiry as to the advisability of selling the mortgaged premises in parcels and
find that the mortgaged premises should be sold in one parcel.
Dated: Lake New York,
1
Success,
day of August, 2016
Avrohom Gefen, Esq.,
REFEREE
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
SCHEDULE A
REFEREE'S COMPUTATION SCHEDULE
Principal Balance $358,924.67
Interest Due from January 1, 2010 through
April 23, 2016 at 6.5% $147,219.70
Pre-Acceleration Late Charges $93.08
Total Escrow $74,995.32
Broker's Price Opinion/Appraisals $500.00
Property Inspections $553.50
TOTAL $582,286.27
Dated: August Ê, 2016
Avrohom Gefen, Esq.,
REFEREE
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
SCHEDULE B
Documentary evidence submitted to Referee by Plaintiff:
Affidavit of Elizabeth Holland, for Plaintiff.
Copy of the Order of Reference
Copies of the Note, Mortgage and Assignment of Mortgage
Copy of the Summons and Complaint and Notice of Pendency
.
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
IN THE SUPREME COURT OF NASSAU COUNTY, NEW YORK
CITIMORTGAGE, INC, INDEX # 7455/2014
Plaintiff, Property Address:
26 ARCHER ROAD, WEST
-against-
HEMPSTEAD, NY 11552
EDUARDO CASTRO, PAOLA CASTRO AND
MARLON CASTRO,
Defendants.
STATE OF Kentucky )
) ss.:
Boone COUNTY )
AFFIDAVIT
Elizabeth Holland, being first duly sworn on oath, deposes and states as follows:
I am employed as a Vice President - Document As a Vice
L by CitiMortgage, Inc., Control.
President - Document job duties include the
Control, my review, research,
completion and execution of affidavits and other documents required by outside
counsel in connection with foreclosure and bankruptcy proceedings on behalf of
CitiMortgage, Inc. and its servicing clients. I have received training in the operation
of the servicing systems and the legal documents used by CitiMortgage, Inc. to
service loans for its own account and on behalf of other investors. In that capacity, I am
authorized to execute this affidavit on behalf of CitiMortgage, Inc. The statements made in
this Affidavit are based on my personal knowledge.
47 CFI AfYidavit of Debt-NY 1
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
1 For convenience, the following party or parties listed on the Note (as defined in Paragraph 4
below) are referred herein as "Borrower": Eduardo Castro, Paola Castro and Marlon
Castro.
1 In the regular performance of my job functions, I am familiar with business records
maintained by CitiMortgage, Inc. for the purpose of servicing mortgage loans and I have
personal knowledge of the operation of, and the circumstances surrounding the
preparation, maintenance, distribution, and retrieval of records in, CitiMortgage, Inc.'s
record keeping systems. These records (which include data compilations, electronic
imaged documents, and others) are made at or near the time by, or from information
provided by, persons with knowledge of the activity and transactions reflected in such
records, and are kept in the ordinary course of business activity conducted regularly by
CitiMortgage, Inc. It is the regular practice of CitiMortgage, Inc.'s mortgage servicing
business to make these records. CitiMortgage, Inc. has made and maintained such
business records with respect to the Defendant's loan which is the subject of the
captioned proceeding (the "Subject Loan"). In connection with making this Affidavit, I
have acquired personal knowledge of the matters stated herein by examining these
business records to the extent they relate to the Subject Loan.
4. The business records of CitiMortgage, Inc. include a Note (the "Note") bearing the name
of the Borrower, dated October 2, 2007, in the principal amount of $368,191.00, secured
by a Mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee
for CitiMortgage, Inc., (the "Mortgage") encumbering the property located at 26 Archer
Road, West Hempstead, New York 11552 and evidencing and securing the Subject
Loan. The Mortgage was recorded October 11, 2007 in Liber 32407, Page 393, in the
ofDebt- NY
47CF1Af davit 2
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
Nassau County Clerk's Office, State of New York. The Mortgage was assigned by
Mortgage Electronic Registration Systems Inc. (MERS) as nominee for CitiMortgage,
Inc. to CitiMortgage, Inc., as memorialized by an Assignment of Mortgage, executed
on June 29, 2010, which was recorded on July 6, 2010 in Liber 34955, Page 800, in
the Nassau County Clerk's Office, State of New York.
1 Based on my personal knowledge of the facts, as well as my review of the Note, the
Mortgage and other loan documents and related business records kept in the ordinary
course of the regularly conducted business activity, the original Note has been in the
custody of CitiMortgage, Inc. in its present condition since October 24, 2007. Prior to
the commencement of the foreclosure action, CitiMortgage, Inc. has been in exclusive
possession of the original Note, endorsed to blank, and has not tmnsferred same to any
other person or entity. A copy of the Note are attached to this Affidavit.
CitiMortgage, Inc., has the right to foreclose based on the following:
CitiMortgage, Inc., is in possession of the original Note endorsed in blank, and is the
current mortgagee under the Mortgage.
1 The Borrower has defaulted under the terms of the Note and Mortgage by failing to
tender payment for the monthly installment due for February 1, 2010. The Borrower's
default on the Note and Mortgage has not been cured, and the loan balance has been
accelerated making the entire balance due and owing pursuant to the terms of the loan
documents
& I confirm that the notice of default was sent to the Borrower by first class mail on
April 14, 2010. A copy of the notice of default, as mailed to the Borrower(s),
is annexed hereto as Exhibit D.
47CF1AfTidavg
ofDeb-NY 3
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
1 I confinn that Borrower was sent a ninety (90) day pre-foreclosure notice on December
20, 2013 by certified mail and first class mail in an envelope separate from any other
notice. The registration numbers for the ninety (90) day pre-foreclosure notices are 9207
1901 0808 9003 9355 81, 9207 1901 0808 9003 9355 43, and 9207 1901 0808 9003
9323 13. A copy of the ninety (90) day pre-foreclosure notices, as mailed to the
Borrower(s), are annexed hereto as Exhibit D.
10, As a result of the Borrower's default, the Borrower owes, as of April 23, 201 6,
the following itemized sums of money, exclusive of fees and costs:
Principal Balance $358,924.67
Interest Due from 01/01/2010 through $147,219.70
04/23/2016 at 6.5%
Pre-Acceleration Late Charges $93.08
Escrow
Escrow Deficiency-Real Estate
Taxes Paid in 2010 $3,975.33
Escrow Deficiency-Real Estate
Taxes Paid in 2011 $9,270.43
Escrow Deficiency-Real Estate
Taxes Paid in 2012 $9,643.52
Escrow Deficiency-Real Estate
Taxes Paid in 2013 $9,991.51
Escrow Deficiency-Real Estate
Taxes Paid in 2014 $11,205.32
Escrow Deficiency-Real Estate
Taxes Paid in 2015 $12,533.78
Escrow Deficiency-Real Estate
Taxes Paid in 2016 $1,762.56
47CFlAftdavitorDebt- NY
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
Hazard Insurance
$11,312.00
Mortgage Insurance Premium/
Private Mortgage Insurance
$5,300.87
Credits
$0.00
Total Escrow $74,995.32
Broker's Price Opinion/Appraisals $500.00
Property Preservation $0.00
Previous Banlauptcy Fees/Costs $0.00
Property Inspections $553.50
Suspense $0.00
Miscellaneous Charges/Credits as Follows: $0.00
ofDebt- NY
47CPIAGidevit 5
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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/13/2023
TOTAL $582,286.27
BY:
AFFL aheth Holland
Date:
Subsc sworn before me day of o . 20 by F//?n , 4
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Notary Publi and for the
State of
County o DEB A
Signature N C0468750
Notary
State at Large, Kentucky
% Commission Empiresjune 18.2016
STATE OF )
COUNTY OF
On the 7 day of a / in the year me, the undersigned, a Notary
Public in and for said State, personal appeared / : w , personally known to
me or proved to me on the basis of satisfactory evidence to be whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she/they executed same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s)
or the person upon behalf of which the individual(s) acted, es the instrument, and that such
indi dual made such appearance before the undersigned in ps ,
Signature: /fffjr.Â--
Notary
Personally Known R
Produced Identification .4 /,
DEBRA HANCOCK
Type of Identification Produced: ary
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Commission Expres june 18.
Notary Public
47CF1AllidavhofDebt- NY