Preview
FILED:
FILED : WESTCHESTER COUNTY
WESTCHESTER COUNTY CLERK
CLERK 02/13/2023
07/07/2015 01:56
04:00 PM INDEX
INDEX NO.
NO. 58675/2021
61855/2015
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 36
1 RECEIVED
RECEIVED NYSCEF: 02/13/2023
NYSCEF: 07/07/2015
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF WESTCHESTER
________________________________________________________________Ç
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS Index No.
TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, Date Filed:
SERIES 2004-OPTl, ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2004-OPT1 SUMMONS
Plaintiff. Plaintiff
designates
-against- Westchester
County
MARK BARASCH as the place of
ELLEN BARASCH trial based on
BANCO POPULAR NORTH AMERICA the location of
UNITED STATES OF AMERICA INTERNAL REVENUE the mortgaged
SERVICE premises in this
NYS TAX COMMISSION action.
#1" #10,"
"JOHN DOE to "JOHN DOE the last 10 names being
fictitious and unknown to plaintiff, the persons or parties intended Plaintiffs place
being the persons or parties, if any, having or claiming an interest of business is
in or lien upon the mortgaged premises described in the complaint, c/o Ocwen Loan
Servicing, LLC 1661
Defendants. Worthington Road,
Suite 100, West Palm
----------------------------------------------------------------X Beach, Florida 33409.
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 plaintiffs 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); 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: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 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
ANDPROTECTYOURPROPERTY.
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: New Rochelle, New York
July 7, 2015
McCABE, WEISB G & CONWAY, P.C.
By: /(
DONNA AKINRELE, ESQ.
Attorneys for Plaintiff
145 Huguenot Street, Suite 210
New Rochelle, New York 10801
(914) 636-8900
(914) 636-6901 facsimile
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
TO:
Ellen Barasch
39 Major Lockwood
Pound Ridge, New York 10576
Mark Barasch
39 Major Lockwood
Pound Ridge, New York 10576
NYS Tax Commission
United States of America Internal Revenue Service
Banco Popular North America
1" 10"
"JOHN DOE NO. through "JOHN DOE NO.
39 Major Lockwood
Pound Ridge, New York 10576
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
HELP FOR HOMEOWNERS IN FORECLOSURE
NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS
NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT
CAREFULLY.
SUMMONS AND COMPLAINT
YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO
RESPOND TO THE SUMMONS AND COMPLAINT IN THIS
FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE
READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD
IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL
AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF.
SOURCES OF INFORMATION AND ASSISTANCE
AThe State encourages you to become informed about your options in
foreclosure. In addition to assistance from an or legal aid
seeking attorney
office, there are government agencies and non-profit organizations that you
may contact for information about possible to work
options, including trying
with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by
the New York State Department of Financial Services at 1-877-266-5697 or
visit the Department's website at www.dfs.ny.gov.
FORECLOSURE RESCUE SCAMS
Be careful of people who approach you with "save"
offers to your home.
There are individuals who watch for notices of foreclosure actions in order to
unfairly profit from a homeowner's distress. You should be careful
extremely
about any such promises and any suggestions that you them a fee or sign
pay
over your deed. State law requires anyone such services for profit to
offering
enter into a contract which fully describes the services will perform and
they
fees they will charge, and which prohibits them from from
taking any money
you until have completed all such promised services.
they
§1303 Notice
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF WESTCHESTER
________________________________________________________________Ç
WELLS FARGO BANK, NATIONAL Index No.
ASSOCIATION, AS TRUSTEE FOR CITIGROUP Date Filed:
MORTGAGE LOAN TRUST, SERIES 2004-OPTl,
ASSET BACKED PASS-THROUGH COMPLAINT
CERTIFICATES, SERIES 2004-OPT1
Plaintiff
-against-
MARK BARASCH
ELLEN BARASCH
BANCO POPULAR NORTH AMERICA
UNITED STATES OF AMERICA INTERNAL
REVENUE SERVICE
NYS TAX COMMISSION
#1" #10,"
"JOHN DOE to "JOHN DOE the last 10
names being fictitious and unknown to plaintiff, the
persons 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.
________________________________________________________________Ç
Plaintiff, by its attorneys, McCabe, Weisberg & Conway, P.C., complains and alleges,
upon information and belief, as follows:
FIRST. Plaintiff is, and at all times relevant herein is a National Association
organized under the laws of the United States of America with its place of business at c/o Ocwen
Loan Servicing, LLC 1661 Worthington Road, Suite 100, West Palm Beach, Florida 33409.
SECOND. On or about the following date, the following named obligor, for the
purpose of evidencing an indebtedness in the following amount and interest, duly executed,
acknowledged and delivered to the following named obligee the following instrument, a copy of
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
''A"
which is hereto annexed and marked Exhibit with the same force and effect as if set forth at
length herein:
INSTRUMENT: Note
DATE: June 11, 2004
OBLIGOR: Ellen Barasch and Mark Barasch
OBLIGEE: H&R Block Mortgage Corporation
AMOUNT: $725,000.00 (said loan was modified to $728,411.33 by loan modification
agreement effective as of December 1, 2008. See Exhibit B.)
THIRD. For the purpose of securing payment for the said indebtedness, as more
fully set forth in said instrument, the said obligors, as mortgagors, on or about said date executed,
acknowledged and delivered to said obligee, as mortgagee, a certain mortgage, a copy of which
''B"
is hereto annexed and marked Exhibit with the same force and effect as if set forth at length
herein, wherein and whereby said obligors, as mortgagors, mortgaged to said obligee, as
mortgagee, certain real property, which mortgaged premises are more particularly described in
said mortgage.
FOURTH. Said mortgage was duly recorded as follows in the office for the
recording of mortgages in the county in which said mortgaged premises were then and are now
situated, and the recording data (and section, block and lot indexing) is as follows:
RECORDED IN OFFICE OF: County Clerk of Westchester
DATE OF RECORDING: October 20, 2004
CONTROL NUMBER 442380392
SECTION BLOCK LOT IN WHICH INDEXED: SECTION 21 BLOCK 9816 LOT 93
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
FIFTH. The mortgaged premises are commonly known as 39 Major Lockwood
Lane, Pound Ridge, New York 10576, County of Westchester and State of New York (the
"Premises"), and is more fully described in the legal description attached hereto.
SIXTH. Any applicable recording tax was duly paid at the time of recording said
last mentioned mortgage.
SEVENTH. Ocwen Loan Servicing, LLC located at 1661 Worthington Road,
Suite 100, West Palm Beach, Florida 33409 services the home loan on said premises. Ellen
Barasch and Mark Barasch executed a promissory note secured by a mortgage or deed of trust
("The Note"). Ocwen Loan Servicing, LLC intends to cause a foreclosure action to be
commenced on the mortgaged property. The foreclosure will be conducted in the name of: Wells
Fargo National as Trustee for Mortgage Loan Series 2004-
Bank, Association, Citigroup Trust,
OPTl, Asset Backed Pass-Through Certificates, Series 2004-OPT1 ("Note Holder"). Wells
Fargo National as Trustee for Mortgage Loan Series 2004-
Bank, Association, Citigroup Trust,
OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1 is the holder of the
promissory note at issue in this proceeding. In addition, Wells Fargo Bank, National
Association, as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed
Pass-Through Certificates, Series 2004-OPT1 is the owner of the mortgage at issue in this
proceeding. Prior to the filing of the complaint, Wells Fargo Bank, National Association, as
Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through
Certificates, Series 2004-OPT1 or Wells Fargo Bank, National Association, as Trustee for
Citigroup Mortgage Loan Trust, Series 2004-OPTl, Asset Backed Pass-Through Certificates,
Series 2004-OPTl's agent was in possession and control of the original note. The subject
mortgage was recorded on October 20, 2004 in Official Records Control number 442380392 of
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
the Public Records of Westchester County, New York. Plaintiff is the holder of the note.
Plaintiff has the right to foreclose the subject mortgage and security instrument. Said Note was
indorsed by blank indorsement and delivered to Plaintiff prior to commencement of this action.
Plaintiffintends to cause a foreclosure action against the following mortgages:
(1) Mortgage dated January 31, 2003 in the principal amount of $520,000.00 executed by
defendants Mark Barasch and Ellen Barasch to Option One Mortgage Corporation and recorded
in the office of the Clerk of Westchester County on May 27, 2003 in Control Number
431350249. Said mortgage was assigned from Option One Mortgage Corporation, a Corporation
to H&R Block Mortgage Corporation by Assignment of Mortgage dated June 30, 2009 and
recorded in the office of the Clerk of Westchester on October 14, 2009 in Control number
492710356.
(2) Mortgage dated June 11, 2004 in the principal amount of $211,197.42 executed by
defendants Mark Barasch and Ellen Barasch to H&R Block Mortgage Corporation and recorded
in the office of the Clerk of Westchester County on October 20, 2004 in Control Number
442380380.
Said mortgages (1) and (2) were consolidated, extended, and modified to form a single
lien in the amount of $725,000.00 by Consolidation Extension and Modification Agreement
dated June 11, 2004 executed by defendants Ellen Barasch and Mark Barasch to H&R Block
Mortgage Corporation, a Massachusetts Corporation and recorded in the office of the Clerk of
Westchester County on October 20, 2004 in Control number 442380392. Said loan was modified
to a principal amount of $728,411.33 by loan modification agreement effective December 1,
2008 to be recorded in the Office ofthe County Clerk of Westchester.
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
Said mortgage was assigned from H&R Block Mortgage Corporation to Option One
Mortgage Corporation by Assignment of Mortgage dated June 30, 2009 recorded on October 14,
2009 in Control number 492710363 in the Office of the County Clerk of Westchester
County.Consolidation Extension and Modification Agreement and mortgages were assigned
from Option One Mortgage Corporation to Wells Fargo Bank, N.A., as trustee for Citigroup
Mortgage Loan Trust, Series 2004-OPTl, Asset backed Pass-Through Certificates, Plaintiff, by
Assignment of Mortgage dated June 30, 2009 recorded on October 14, 2009 in Control number
492710366 in the Office of the County Clerk of Westchester County.
EIGHTH. The defendant(s) have failed to comply with the terms and provisions
of said mortgage and said instrument secured by the mortgage, by failing to pay principal and
interest and/or taxes, insurance premiums, escrows and/or other charges commencing with the
April 1, 2009 payment, as more fully set forth below.
NINTH. More than fifteen (15) days have elapsed since the first of said defaults
occurred, and by reason thereof, Plaintiff has elected and hereby elects to declare immediately
due and payable the entire unpaid balance of principal, together with monies advanced for taxes,
insurance, property maintenance, as well as the costs, allowances and reasonable attorney fees to
the extent permitted by the mortgage.
TENTH. The following amounts are now due and owing on said mortgage and
the said instrument secured by the mortgage, no part of which has been paid although duly
demanded:
ENTIRE PRINCIPAL BALANCE: $728,411.33
INTEREST THEREON FROM: March 1, 2009
AT THE RATE AS SET FORTH BY THE LOAN MODIFICATION
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
ELEVENTH. In order to protect its security interest, Plaintiff, or its agents, has
paid or may be compelled to pay during the pendency of this action, taxes, assessments, water
rates, insurance premiums, and other charges affecting the Premises. Plaintiff requests that any
sums it or its agent has paid, together with interest, be included in the sum due as provided for
and secured by the mortgage being foreclosed herein.
TWELFTH. Each of the above-named defendants has or claims to have or may
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, and is subject and subordinate to, the lien of
said mortgage.
Pursuant to the provisions of CPLR 5203(a)(2) and/or RPAPL 1311, said
judgment is subject and subordinate to plaintiffs mortgage. NYS Tax Commission, United States
of America Internal Revenue Service and Banco Popular North America, are made a party to this
Defendants'
action solely for purposes indicated above and for no other reason. Each lien or
interest is described with specificity in Exhibit C herein.
The United States of America is named as a necessary party defendant by virtue
of multiple Federal Tax Liens arising under the Internal Revenue Laws against Ellen Barasch
and Mark Barasch in the amounts of $20,063.57 recorded on November 2, 2012 in Book Number
52305, Page Number 3117 as well as; $19,839.99 recorded on November 2, 2012 in Control
Number 523053117.
THIRTEENTH. Plaintiff has complied with all of the provisions of Banking
Law, Section 595-a [NYCLS], Section 6-1, Section 6-m, RPAPL§ 1304, RPAPL§ 1306, UCC
§9-611. Exhibit D.
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023
F OURTEENTH. John Doe No. 1 to John Doe No. 10 are fictitious and
unknown to Plaintiff. They are named as defendants to designate any and all persons or parties,
if any, having or claiming an interest in or lien upon the mortgaged Premises. They may be
judgment creditors or may have, or claim to have a subordinate mortgage, all of which are
subordinate to the interest of the Plaintiff herein.
FIF TEENTH. No other action or proceeding has been commenced or
maintained or
Preview
FILED: FILED : WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK CLERK 02/13/2023 07/07/2015 01:56 04:00 PM INDEX INDEX NO. NO. 58675/2021 61855/2015 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 36 1 RECEIVED RECEIVED NYSCEF: 02/13/2023 NYSCEF: 07/07/2015 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF WESTCHESTER ________________________________________________________________Ç WELLS FARGO BANK, NATIONAL ASSOCIATION, AS Index No. TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, Date Filed: SERIES 2004-OPTl, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-OPT1 SUMMONS Plaintiff. Plaintiff designates -against- Westchester County MARK BARASCH as the place of ELLEN BARASCH trial based on BANCO POPULAR NORTH AMERICA the location of UNITED STATES OF AMERICA INTERNAL REVENUE the mortgaged SERVICE premises in this NYS TAX COMMISSION action. #1" #10," "JOHN DOE to "JOHN DOE the last 10 names being fictitious and unknown to plaintiff, the persons or parties intended Plaintiffs place being the persons or parties, if any, having or claiming an interest of business is in or lien upon the mortgaged premises described in the complaint, c/o Ocwen Loan Servicing, LLC 1661 Defendants. Worthington Road, Suite 100, West Palm ----------------------------------------------------------------X Beach, Florida 33409. 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 plaintiffs 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); 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: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 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 ANDPROTECTYOURPROPERTY. 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: New Rochelle, New York July 7, 2015 McCABE, WEISB G & CONWAY, P.C. By: /( DONNA AKINRELE, ESQ. Attorneys for Plaintiff 145 Huguenot Street, Suite 210 New Rochelle, New York 10801 (914) 636-8900 (914) 636-6901 facsimile FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 TO: Ellen Barasch 39 Major Lockwood Pound Ridge, New York 10576 Mark Barasch 39 Major Lockwood Pound Ridge, New York 10576 NYS Tax Commission United States of America Internal Revenue Service Banco Popular North America 1" 10" "JOHN DOE NO. through "JOHN DOE NO. 39 Major Lockwood Pound Ridge, New York 10576 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE AThe State encourages you to become informed about your options in foreclosure. In addition to assistance from an or legal aid seeking attorney office, there are government agencies and non-profit organizations that you may contact for information about possible to work options, including trying with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at 1-877-266-5697 or visit the Department's website at www.dfs.ny.gov. FORECLOSURE RESCUE SCAMS Be careful of people who approach you with "save" offers to your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be careful extremely about any such promises and any suggestions that you them a fee or sign pay over your deed. State law requires anyone such services for profit to offering enter into a contract which fully describes the services will perform and they fees they will charge, and which prohibits them from from taking any money you until have completed all such promised services. they §1303 Notice FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF WESTCHESTER ________________________________________________________________Ç WELLS FARGO BANK, NATIONAL Index No. ASSOCIATION, AS TRUSTEE FOR CITIGROUP Date Filed: MORTGAGE LOAN TRUST, SERIES 2004-OPTl, ASSET BACKED PASS-THROUGH COMPLAINT CERTIFICATES, SERIES 2004-OPT1 Plaintiff -against- MARK BARASCH ELLEN BARASCH BANCO POPULAR NORTH AMERICA UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE NYS TAX COMMISSION #1" #10," "JOHN DOE to "JOHN DOE the last 10 names being fictitious and unknown to plaintiff, the persons 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. ________________________________________________________________Ç Plaintiff, by its attorneys, McCabe, Weisberg & Conway, P.C., complains and alleges, upon information and belief, as follows: FIRST. Plaintiff is, and at all times relevant herein is a National Association organized under the laws of the United States of America with its place of business at c/o Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100, West Palm Beach, Florida 33409. SECOND. On or about the following date, the following named obligor, for the purpose of evidencing an indebtedness in the following amount and interest, duly executed, acknowledged and delivered to the following named obligee the following instrument, a copy of FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 ''A" which is hereto annexed and marked Exhibit with the same force and effect as if set forth at length herein: INSTRUMENT: Note DATE: June 11, 2004 OBLIGOR: Ellen Barasch and Mark Barasch OBLIGEE: H&R Block Mortgage Corporation AMOUNT: $725,000.00 (said loan was modified to $728,411.33 by loan modification agreement effective as of December 1, 2008. See Exhibit B.) THIRD. For the purpose of securing payment for the said indebtedness, as more fully set forth in said instrument, the said obligors, as mortgagors, on or about said date executed, acknowledged and delivered to said obligee, as mortgagee, a certain mortgage, a copy of which ''B" is hereto annexed and marked Exhibit with the same force and effect as if set forth at length herein, wherein and whereby said obligors, as mortgagors, mortgaged to said obligee, as mortgagee, certain real property, which mortgaged premises are more particularly described in said mortgage. FOURTH. Said mortgage was duly recorded as follows in the office for the recording of mortgages in the county in which said mortgaged premises were then and are now situated, and the recording data (and section, block and lot indexing) is as follows: RECORDED IN OFFICE OF: County Clerk of Westchester DATE OF RECORDING: October 20, 2004 CONTROL NUMBER 442380392 SECTION BLOCK LOT IN WHICH INDEXED: SECTION 21 BLOCK 9816 LOT 93 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 FIFTH. The mortgaged premises are commonly known as 39 Major Lockwood Lane, Pound Ridge, New York 10576, County of Westchester and State of New York (the "Premises"), and is more fully described in the legal description attached hereto. SIXTH. Any applicable recording tax was duly paid at the time of recording said last mentioned mortgage. SEVENTH. Ocwen Loan Servicing, LLC located at 1661 Worthington Road, Suite 100, West Palm Beach, Florida 33409 services the home loan on said premises. Ellen Barasch and Mark Barasch executed a promissory note secured by a mortgage or deed of trust ("The Note"). Ocwen Loan Servicing, LLC intends to cause a foreclosure action to be commenced on the mortgaged property. The foreclosure will be conducted in the name of: Wells Fargo National as Trustee for Mortgage Loan Series 2004- Bank, Association, Citigroup Trust, OPTl, Asset Backed Pass-Through Certificates, Series 2004-OPT1 ("Note Holder"). Wells Fargo National as Trustee for Mortgage Loan Series 2004- Bank, Association, Citigroup Trust, OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1 is the holder of the promissory note at issue in this proceeding. In addition, Wells Fargo Bank, National Association, as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1 is the owner of the mortgage at issue in this proceeding. Prior to the filing of the complaint, Wells Fargo Bank, National Association, as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through Certificates, Series 2004-OPT1 or Wells Fargo Bank, National Association, as Trustee for Citigroup Mortgage Loan Trust, Series 2004-OPTl, Asset Backed Pass-Through Certificates, Series 2004-OPTl's agent was in possession and control of the original note. The subject mortgage was recorded on October 20, 2004 in Official Records Control number 442380392 of FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 the Public Records of Westchester County, New York. Plaintiff is the holder of the note. Plaintiff has the right to foreclose the subject mortgage and security instrument. Said Note was indorsed by blank indorsement and delivered to Plaintiff prior to commencement of this action. Plaintiffintends to cause a foreclosure action against the following mortgages: (1) Mortgage dated January 31, 2003 in the principal amount of $520,000.00 executed by defendants Mark Barasch and Ellen Barasch to Option One Mortgage Corporation and recorded in the office of the Clerk of Westchester County on May 27, 2003 in Control Number 431350249. Said mortgage was assigned from Option One Mortgage Corporation, a Corporation to H&R Block Mortgage Corporation by Assignment of Mortgage dated June 30, 2009 and recorded in the office of the Clerk of Westchester on October 14, 2009 in Control number 492710356. (2) Mortgage dated June 11, 2004 in the principal amount of $211,197.42 executed by defendants Mark Barasch and Ellen Barasch to H&R Block Mortgage Corporation and recorded in the office of the Clerk of Westchester County on October 20, 2004 in Control Number 442380380. Said mortgages (1) and (2) were consolidated, extended, and modified to form a single lien in the amount of $725,000.00 by Consolidation Extension and Modification Agreement dated June 11, 2004 executed by defendants Ellen Barasch and Mark Barasch to H&R Block Mortgage Corporation, a Massachusetts Corporation and recorded in the office of the Clerk of Westchester County on October 20, 2004 in Control number 442380392. Said loan was modified to a principal amount of $728,411.33 by loan modification agreement effective December 1, 2008 to be recorded in the Office ofthe County Clerk of Westchester. FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 Said mortgage was assigned from H&R Block Mortgage Corporation to Option One Mortgage Corporation by Assignment of Mortgage dated June 30, 2009 recorded on October 14, 2009 in Control number 492710363 in the Office of the County Clerk of Westchester County.Consolidation Extension and Modification Agreement and mortgages were assigned from Option One Mortgage Corporation to Wells Fargo Bank, N.A., as trustee for Citigroup Mortgage Loan Trust, Series 2004-OPTl, Asset backed Pass-Through Certificates, Plaintiff, by Assignment of Mortgage dated June 30, 2009 recorded on October 14, 2009 in Control number 492710366 in the Office of the County Clerk of Westchester County. EIGHTH. The defendant(s) have failed to comply with the terms and provisions of said mortgage and said instrument secured by the mortgage, by failing to pay principal and interest and/or taxes, insurance premiums, escrows and/or other charges commencing with the April 1, 2009 payment, as more fully set forth below. NINTH. More than fifteen (15) days have elapsed since the first of said defaults occurred, and by reason thereof, Plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance of principal, together with monies advanced for taxes, insurance, property maintenance, as well as the costs, allowances and reasonable attorney fees to the extent permitted by the mortgage. TENTH. The following amounts are now due and owing on said mortgage and the said instrument secured by the mortgage, no part of which has been paid although duly demanded: ENTIRE PRINCIPAL BALANCE: $728,411.33 INTEREST THEREON FROM: March 1, 2009 AT THE RATE AS SET FORTH BY THE LOAN MODIFICATION FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 ELEVENTH. In order to protect its security interest, Plaintiff, or its agents, has paid or may be compelled to pay during the pendency of this action, taxes, assessments, water rates, insurance premiums, and other charges affecting the Premises. Plaintiff requests that any sums it or its agent has paid, together with interest, be included in the sum due as provided for and secured by the mortgage being foreclosed herein. TWELFTH. Each of the above-named defendants has or claims to have or may 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, and is subject and subordinate to, the lien of said mortgage. Pursuant to the provisions of CPLR 5203(a)(2) and/or RPAPL 1311, said judgment is subject and subordinate to plaintiffs mortgage. NYS Tax Commission, United States of America Internal Revenue Service and Banco Popular North America, are made a party to this Defendants' action solely for purposes indicated above and for no other reason. Each lien or interest is described with specificity in Exhibit C herein. The United States of America is named as a necessary party defendant by virtue of multiple Federal Tax Liens arising under the Internal Revenue Laws against Ellen Barasch and Mark Barasch in the amounts of $20,063.57 recorded on November 2, 2012 in Book Number 52305, Page Number 3117 as well as; $19,839.99 recorded on November 2, 2012 in Control Number 523053117. THIRTEENTH. Plaintiff has complied with all of the provisions of Banking Law, Section 595-a [NYCLS], Section 6-1, Section 6-m, RPAPL§ 1304, RPAPL§ 1306, UCC §9-611. Exhibit D. FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/13/2023 F OURTEENTH. John Doe No. 1 to John Doe No. 10 are fictitious and unknown to Plaintiff. They are named as defendants to designate any and all persons or parties, if any, having or claiming an interest in or lien upon the mortgaged Premises. They may be judgment creditors or may have, or claim to have a subordinate mortgage, all of which are subordinate to the interest of the Plaintiff herein. FIF TEENTH. No other action or proceeding has been commenced or maintained or