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  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/13/2023 EXHIBIT H FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ) CITIMORTGAGE, INC., ) ) INDEX NO. 007455/2014 Plaintiff, ) ) AFFIDAVIT IN SUPPORT -against- ) OF MOTION FOR ) SUMMARY JUDGMENT EDUARDO CASTRO, PAOLA CASTRO AND Doe" MARLON CASTRO, and "John and/or "Jane ) Property Address: Doe" # 1-10 inclusive, the last ten names being ) 26 Archer Road fictitious and unknown to plaintiff, the persons or 11552- ) West Hempstead, NY parties intended being the tenants, occupants, persons 1730 or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. STATE OF KENTUCKY ) )SS. BOONE COUNTY ) Vikki Sunderhaus, being first duly sworn on oath, deposes and states as follows: 1. I am employed as a Vice President - Document Control of (VPDC) CitiMortgage, Inc., Plaintiff. 2. I am authorized to execute this Affidavit and to make the representations contained herein on behalf of CitiMortgage, Inc. The statements made in this Affidavit are based on my personal knowledge and review of CitiMortgage, Inc.'s business records, as described in Paragraph 4 of this Affidavit. 3. For convenience, the following party or parties are referred to herein as "Borrowers": EDUARDO CASTRO, PAOLA CASTRO and MARLON CASTRO. 1 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/13/2023 4. In as a Vice President - Document Control I have access to my capacity (VPDC), CitiMortgage, Inc.'s business records, including the business records for and relating to the Borrowers' loan. I make this Affidavit based upon my review of those records relating to the Borrowers' loan and from my own personal knowledge of how they are kept and maintained. The loan records for the Borrowers are maintained by CitiMortgage, Inc. in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. It is the regular practice to keep such records in the ordinary course of a regularly conducted business activity. 5. Borrowers, EDUARDO CASTRO, PAOLA CASTRO and MARLON CASTRO executed a Note (the "Note") dated October 2, 2007, for $368,191.00 secured by a mortgage (the "Mortgage") executed by EDUARDO CASTRO, PAOLA CASTRO and MARLON CASTRO encumbering the property located at 26 ARCHER ROAD, WEST HEMPSTEAD, COUNTY OF NASSAU, STATE OF NEW YORK 11552-1730 (the "Premises"). The Mortgage was recorded on October 11, 2007 in Liber M 32407, Page 393 in the Office of the Nassau County Clerk, State of New York. The Mortgage was assigned to CitiMortgage, Inc. as memorialized by an Assignment of Mortgage dated June 29, 2010 and recorded on July 6, 2010 in Liber M 34955, Page 800 in the Office of the Nassau County Clerk, State of New York. True and correct copies of the Note, Mortgage and Assignment of Mortgage are annexed hereto as Exhibit A. 6. The Note bears an endorsement in blank from CitiMortgage, Inc. and the Note has not been transferred, sold or assigned. See a true and correct copy of the Note annexed hereto as Exhibit A. 7. CitiMortgage, Inc. has the right to foreclose based on the following: At the date of commencement of this action: 2 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/13/2023 CitiMortgage, Inc. was the holder of the Note. /A CitiMortgage, Inc. had possession of the Note and is enforcing the Note as transferee in possession. A CitiMortgage, Inc. had the right to possess the Note but was unable to locate the Note in its files; therefore, CitiMortgage, Inc. is enforcing the Note using a lost note affidavit. 8. CitiMortgage, Inc. continues to hold the original Note which can be made available for review upon order of the court. 9. The Borrowem defaulted under the terms of the Note and Mortgage by failing to Borrowers' tender payment for the monthly installment due for February 1, 2010. The default 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. Borrowers' Borrowers' 10. As a result of the default, the unpaid principal balance as of January 14, 2015 is $358,924.67. 11. A demand for payment of the mortgage arream was made by correspondence dated April 14, 2010. The notice demanded payment by May 15, 2010 (or the next business day if May 15, 2010, was a Saturday, Sunday or Federal Holiday), which was at least 30 days after the date in Borrowers' which the notice was mailed to the Borrowers by first class mail at the last known address. A true and correct copy of the demand letter is annexed hereto as Exhibit B. 12. My review of the records of CitiMortgage, Inc. shows that CitiMortgage, Inc. did not receive a dispute of the arrears demanded within thirty (30) days of its issuance. 13. My review of records maintained by CitiMortgage, Inc., reveals that a ninety (90) daypre-foreclosure notice ("90 Day Notice") was sent to EDUARDO CASTRO on December 20, 2013, to the address of the property, at 26 Archer Road, W Hempstead, New York 11552-1730, and 3 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/13/2023 to the Borrower's last known address which is also, 26 Archer Road, W Hempstead, New York 11552-1730, by certified and first class mail. True and correct copies of the 90 Day Notices are annexed hereto as Exhibit B. 14. My review of records maintained by CitiMortgage, Inc., reveals that a ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to MARLON CASTRO on December 20, 2013, to the address of the property, at 26 Archer Road, W Hempstead, New York 11552-1730, and to the Borrower's last known address which is also, 26 Archer Road, W Hempstead, New York 11552-1730, by certified and first class mail. True and correct copies of the 90 Day Notices are annexed hereto as Exhibit B. 15. My review of records maintained by CitiMortgage, Inc., reveals that a ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to PAOLA CASTRO on December 20, 2013, to the address of the property, at 26 Archer Road, W Hempstead, New York 11552-1730, and to the Borrower's last known address which is also, 26 Archer Road, W Hempstead, New York 11552-1730, by certified and first class mail. True and correct copies of the 90 Day Notices are annexed hereto as Exhibit B. 16. The title of the 90 Day Notice is typed in at least fourteen (14) point font. The text following the title of the 90 Day Notice is typed in at least fourteen (14) point font. 17. After the 90 Day Notice was mailed, it was recorded in a Correspondence Log. This log shows that the 90 Day Notice was sent to the Borrowers on December 20, 2013 by certified mail and on December 20, 2013 by first class regular mail. A true and correct copy of the Correspondence Log is attached hereto as Exhibit B. 18. It is CitiMortgage, Inc.'s standard business procedure regarding all Notices to the Borrowers, to enter the mailing information of such Notices in a Correspondence Log 4 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/13/2023 contemporaneously with the mailing of said Notices. As a result, the information found in CitiMortgage, Inc.'s Correspondence Log is maintained in its computer records as a business record. 19. In accordance with the practice and procedure of CitiMortgage, Inc. in the regular course of business to enter the date that the 90 Day Notices were served on the Borrower(s), the Correspondence Log shows that the entry in the log was made contemporaneously with both the making of the 90 Day Notice and the mailing of said 90 Day Notice. As aforesaid, the information shown in the Correspondence Log is made and maintained by CitiMortgage, Inc. in the regular course of business. 20. CitiMortgage, Inc. respectfully requests that the Court accept the Correspondence Log as evidence of the act or acts establishing that the 90 day Notices were duly served on the Borrowers. 21. All notices were mailed to the property address or last known residence provided to the Plaintiff by the Borrowers. Upon information and belief, the Borrowers are known to be residents of the property in foreclosure. Where applicable, this loan has been reviewed for possible loan modification pursuant to Federal legislation. 22. The plaintiff, assignee or mortgage loan servicer has timely filed with the Superintendent of the New York State Banking Department the name, address, last known telephone number of the Borrowers and the amount claimed as due and owing on the mortgage. A copy of the Proof of Filing Statement is annexed hereto as Exhibit B. 23. I have reviewed the summons and complaint and affidavit of service of same as provided by Plaintiffs counsel, the defendants received copies of the summons and complaint from the process server who executed the affidavits of service. The Court is respectfully referred to 5 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/13/2023 copies of the filed summons and complaint and affidavits of service annexed hereto respectively as Exhibits C and D. 24. I have checked the records of CitiMortgage, Inc., which are kept in the regular course of business, and confirm that the default date and amount stated in the Complaint to be due and owing to the Plaintiff are correct. The Borrowers EDUARDO CASTRO, PAOLA CASTRO and MARLON CASTRO defaulted under the terms of the Note and Mortgage by failing to tender payment for the monthly installment due for February 1, 2010. There is due and owing a principal balance of $358,924.67, plus interest at the rate of 6.5000% from January 1, 2010. All payments Borrowers' made were properly applied to account. A true and correct copy of the payment history is annexed hereto as Exhibit G. This payment history is a business record of CitiMortgage, Inc. and is kept in the ordinary course of business in accordance with the business practices stated above. It is CitiMortgage, Inc.'s normal business practice that when a payment is received the person who has personal knowledge of the receipt to record its receipt and amount into CitiMortgage, Inc.'s business records, and to update the payment history accordingly. 25. In conjunction with this loan, the Borrowers were provided with pertinent mortgage closing documents, including the Good Faith Estimate-RESPA, Initial Escrow Account Disclosure Statement, Truth in Lending Disclosure, Loan Application, and HUD-1 Uniform Settlement Statement, which clearly set forth the financial charges and interest rate for the loan. These documents were signed by the Borrowers EDUARDO CASTRO, PAOLA CASTRO and MARLON CASTRO on or before October 2, 2007. True and correct copies of the loan origination documents are annexed hereto as Exhibit H. 26. In their loan application for the aforesaid mortgage, the Borrowers, EDUARDO CASTRO, PAOLA CASTRO and MARLON CASTRO stated that their gross monthly income 6 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/13/2023 was $4,790.58. Pursuant to the Note for the subject mortgage, the monthly payment was $2,327.22. See, a true and correct copy of the loan application annexed hereto as Exhibit H. 27. My review of records indicate that the Borrowers were previously denied for loss mitigation in accordance with FHA guidelines. Further, the Borrowers are seeking the non-retention option of a short sale, but a complete application has not been received. AFFIANT Name: Vikki Sunderhaus - Date: 4I6 Subscribed and sworn before me this day of Sp ylyy , 201_1 Notary Public in an for the State of \dJtf\ L} Q MINEAR CYNTHIA County of ID No. 472487 Notary Public, Notary Signature (h f\ t K nt k x\y S at at STATE OF )C ) ) ss. COUNTY OF GOT ) On the day of CJ'\UGT in the year 20j5before me, the undersigned, a Notary Public in and for said State, personally appeared S\JMET uR , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whos name(s) is (are) subscribed to the within instrument and acknowledged to me that he ey executed same in hi e their capacity(ies), and that by his eftheir signature(s) on the instrument, the individual(s) or the person upon behal of which e individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in \Oft(\C£ \ 3 Personally Known OR Produced Identification Type of Identification Produced: pl CYNTHIA 1/A \ ff fiA, . Notary Public, MINEAR ID No. 472487 No Public State at Large, Kentuc My Commission Expires August 9, 016 7