Preview
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
Exhibit H
{5318969: }
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
SUPREME COURT OF THB STATE OF NEW YORK
COUNTY OF SUFFOLK
AFFIDAVIT IN SUPPORT OF
WELLS FARGO BANK, N.A., SUCCBSSOR BY MOTION FOR SUMMARY
MERGER TO WACHOVIA MORTGAGE, FSB JUDGMENT
FORMERLY KNOWN AS WORLD SAVINGS BANK,
FSB, Index No.: 032512/2013
Plaintiff,
v.
GAIL S. KOURBAGE, UNITED STATES OF AMERICA-
DEPARTMENT OF TREASURY-INTERNAL REVENUE
SERVICE, AMERICAN EXPRESS BANK, FSB,
RICHARD KOURBAGE,
Defendants.
STATE OF SOUTH CAROLINA )
COUNTY OF YORK ) ss.:
Minwayelet Alem being duly sworn deposes and says:
1. I am Vice President Loan Documentation of Wells Fargo Bank, N.A. (hereinafter "Wells
Fargo"), and as such am authorized to execute this affidavit and to make the representations contained
herein.
2, In the regular performance of my job functions, I am authorized and trained to access Wells
Fargo's business records for servicing inortgage loans. In connection with making this affidavit, I have
acquired personal knowledge of the matters stated herein by examining Wells Fargo's business records.
3, I have personal knowledge of Wells Fargo's record keeping practices and procedures including
but not limited to creation, maintenance, storage, and retrieval of its business records. Wells Fargo's
records include data compilations, electronically imaged documents, and other computerized and paper
records, which are made at or near the time of the transaction, by persons with knowledge of the
transaction who have a business duty to make such records.
4. It is Wells Fargo's standard practice in its mortgage servicing business to make and rely on these
records, and store them in the ordinary course of its regularly conducted business activity.
5. Gail S. Kourbage executed a Promissory Note dated June 1, 2006 in the amount of $740,000.00.
As security for the payment of the Promissory Note, Gail S. Kourbage executed and delivered a
Mortgage in the amount of $740,000.00.
103648-2
001-NY-V12
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
6. Wells Fargo Bank, N.A. is in possession of the Promissory Note. Wells Fargo Bank, N.A. is
successor by merger to the original payee of the Promissory Note. I confirm that Wells Fargo Bank,
N.A. had possession of the Promissory Note on 06/08/2006, I confirm that Wells Fargo Baniq N.A. had
possession of the Promissory Note on or before December 10, 2013, the date that this action was
commenced.
7. To secure the Promissory Note, Gail S. Kourbage ("Mortgagor") executed and delivered a
Mortgage on June 5, 2006 and recorded in the Office of the Clerk of the County of Suffolk on June 19,
2006 in Liber M00021319 of Mortgages at page 848 ("Mortgage").
8. There is a default under the terms and conditions of the Promissory Note and Mortgage because
the March 30, 2009 payment has not been made. To date, the default has not been cured.
9. I hereby certify and affirm that, in accordance with Wells Fargo's standard business practice and
procedure and in compliance with RPAPL § 1304, a 90 Day Notice and a current list of at least five (5)
housing counseling agencies serving the county where the property is located from the most recent
listing available from the Department of Financial Services were mailed to Gail S. Kourbage by
certified and first class mail , in envelopes separate from any other notice to the last known address of
the borrower at 74 Bay Ave, Halesite, NY 11743, and to 74 Bay Ave, Huntington, NY 11743 which is
the residence that is the subject of the Mortgage. The 90 Day Notices were mailed on July 29, 2013. A
copy of the 90 Day Notice and records from the United States Postal Service is attached demonstrating
the mailing are attached to this application.
10. I hereby certify and affirm that within three business days of mailing the 90 Day Notice, Wells
Fargo electronically filed the notice with the Superintendent of Financial Services on July 29, 2013 as
required by RPAPL §1306(2) and confirmation number NYS3337395 was issued. A copy of Proof of
Statement issued the New York State Department of Financial Services Pre-
Filing by 90-Day
Foreclosure Filings website is attached to this application,
11. I hereby certify and affirm that in accordance Wells Fargo's standard business practice and
procedure and the provisions of the Mortgage, a Notice of Default dated July 26, 2013 was mailed by
first class mail to Gail S Kourbage at 74 Bay Ave, Halesite, NY 11743, the notice address provided to
Wells Fargo by the mortgagor. The default stated in said notice was not cured. A copy of the Notice of
Default is attached to this application.
12. Based on the default, Plaintiff elected to commence a foreclosure to recover the entire unpaid
principal balance together with interest and disbursements, including reasonable attorney fees and
costs, allowable under the terms of the Promissory Note and Mortgage.
103648-2
001-NY-V12
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
The total amount due the Plaintiff on said Note through 04/12/2022 is $1,560,971.04 which breaks
down as follows:
Principal $792,865.24
Interest
From 03/16/2009 to 12/13/2015 @ 4.08% $275,913.75
From 12/14/2015 to 01/24/2016 @ 4.05% $3,217.23
From 01/25/2016 to 02/21/2016 @ 4.01% $2,114.46
From 02/22/2016 to 03/20/2016 @ 3.99% $2,096.52
From 03/21/2016 to 04/17/2016 @ 3.94% $2,062.88
From 04/18/2016 to 05/15/2016 @ 3.9% $2,034.54
From 05/16/2016 to 06/26/2016 @ 3.87% $3,014.40
From 06/27/2016 to 07/24/2016 @ 3.84% $1,985,02
From 07/25/2016 to 09/18/2016 @ 3.81% $3,917,75
From 09/19/2016 to 11/13/2016 @ 3.8% $3,878.91
From 11/14/2016 to 02/19/2017 @ 3.79% $6,701.05
From 02/20/2017 to 06/25/2017 @ 3.78% $8,462.41
From 06/26/2017 to 11/26/2017 @ 3.77% $10,117.45
From 11/27/2017 to 02/18/2018 @ 3.78% $5,441.13
From 02/19/2018 to 03/18/2018 @ 3.77% $1,794.39
From 03/19/2018 to 04/15/2018 @ 3.79% $1,796.56
From 04/16/2018 to 05/13/2018 @ 3.8% $1,793.94
From 05/14/2018 to 06/24/2018 @ 3.83% $2,698.25
From 06/25/2018 to 07/22/2018 @ 3.89% $1,817.61
From 07/23/2018 to 08/19/2018 @ 3.94% $1,833.42
Froni 08/20/2018 to 09/16/2018 @ 4% $1,853.71
From 09/17/2018 to 10/14/2018 @ 4.09% $1,887.69
From 10/15/2018 to 11/25/2018 @ 4.16% $2,865,49
From 11/26/2018 to 12/23/2018 @ 4.25% $1,941.84
From 12/24/2018 to 01/20/2019 @ 4.34% $1,975.07
From 01/21/2019 to 02/17/2019 @ 4.45% $2,017.15
From 02/18/2019 to 03/17/2019 @ 4.6% $2,077.06
From 03/18/2019 to 04/14/2019 @ 4.79% $2,154.67
From 04/15/2019 to 05/26/2019 @ 4.94% $3,317.99
From 05/27/2019 to 06/23/2019 @ 5.05% $2,251.06
From 06/24/2019 to 07/21/2019 @ 5.14% $2,282.08
From 07/22/2019 to 08/18/2019 @ 5.19% $2,294.88
From 08/19/2019 to 09/15/2019 @ 5.21% $2,294.33
From 09/16/2019 to 10/13/2019 @ 5.23% $2,293.70
From 10/14/2019 to 11/24/2019 @ 5.22% $3,416.25
From 11/25/2019 to 12/22/2019 @ 5.2% $2,256.94
From 12/23/2019 to 01/19/2020 @ 5.18% $2,238.75
From 01/20/2020 to 02/16/2020 @ 5.13% $2,207.62
From 02/17/2020 to 03/15/2020 @ 5,04% $2,159.42
103648-2
001-NY-V12
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
From 03/16/2020 to 04/26/2020 @ 4.93% $3,150.62
From 04/27/2020 to 05/24/2020 @ 4.81% $2,037.49
From 05/25/2020 to 06/21/2020 @ 4.66% $1,964.55
From 06/22/2020 to 07/19/2020 @ 4.56% $1,912.35
From 07/20/2020 to 08/16/2020 @ 4.48% $1,868.55
From 08/17/2020 to 09/13/2020 @ 4.41% $1,829.12
From 09/14/2020 to 10/25/2020 @ 4.31% $2,662.41
From 10/26/2020 to 11/22/2020 @ 4.19% $1,712.98
From 11/23/2020 to 12/20/2020 @ 4.05% $1,645.85
From 12/21/2020 to 01/17/2021 @ 3.91% $1,579.19
From 01/18/2021 to 02/14/2021 @ 3.81% $1,529.11
From 02/15/2021 to 03/14/2021 @ 3.74% $1,491.37
From 03/15/2021 to 04/25/2021 @ 3.72% $2,206.89
From 04/26/2021 to 05/23/2021 @ 3.71% $1,455.16
From 05/24/2021 to 06/20/2021 @ 3.7% $1,441.49
From 06/21/2021 to 07/18/2021 @ 3.69% $1,429.07
From 07/19/2021 to 09/26/2021 @ 3.68% $3,527.34
From 09/27/2021 to 12/19/2021 @ 3.67% $4,153.78
From 12/20/2021 to 02/13/2022 @ 3.66% $2,720.49
From 02/14/2022 to 03/13/2022 @ 3.65% $1,344.14
From 03/14/2022 to 04/12/2022 @ 3.64% $1,379.54
Pre-acceleration Late Charges $5,801.10
Hazard Insurance Disbursements $137,331.00
Tax Disbursements $196,064.84
Property Inspections/Preservation $0.00
PMI\MIP Insurance $0.00
Other (specify charges/fees) $0.00
Escrew Balance Credit $0.00
Credits to Borrower ($610.00)
Total $1,560,971.04
Per diem interest in the amount of $47.36 will accrue on the principal from 04/12/2022 and thereafter
in accordance with the Note.
13. Plaintiff may advance additional monies for the payment of taxes, insurance, and/or the
maintenance of the premises in order to protect its security interest.
14. A Payment History is attached.
15. The Defendant received and executed a Tath-in-Lending Statement, dated June 05, 2006. A
copy of the Truth-in-Lending Statement is attached.
16. The Defendant received and executed a HUD-1 Settlement Statement, dated hine 05, 2006. A
copy of the HUD-1 Settlement Statement is attached.
103648-2
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FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
17. The Defendant received and executed a Loan Application, dated June 05, 2006. A copy of the
Loan Application is attached,
18. The Defendant received and executed a Good Faith Estimate dated June 05, 2006. A copy of
the Good Faith Estimate is attached.
19. To date, Wells Fargo's records show that the loan remains in default.
Minwuyelet Al m
Vice President Loan Documentation
Wells Fargo Bank, N.A.
05/03/2022
State of South Carolina )
County of York )
3'd
Sworn and subscribed before me on this day of May, 2022, by Minwuyelet Alem, Vice President
Loan Documentation, Wells Fargo Bank, N.A.
uJ (1 KNRYSTAL DAWN MUARAY
ota Pub ic for South Carolina NOTARY PUBLIC
8OUTH CAROLINA
04-27-31
Commission Expires D4 21 (N MY COMMISSION EXPIRES
UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT
(Use in Addition to a Jurat if the Document is Executed Outside of New York State)
STATE OF South Carolina )
COUNTY OF York ) SS.:
3rd
On the day of May in the year 2022 before me, the undersigned, personally appeared
Minwayelet Alem, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is(are) subscribed to the within instrument and aclmowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instmment, the individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument, and that such individual made such appearance before the undersigned in Fo1t Mill, South
DAWN MUARAY otty Pub
KHRYSTAL
NOTARY PUBLIC My commission expires: $4 27 )
SOUTH CAROLINA
MY COMMISSION EXPIRES 04-27-31
103648-2
001-NY-V12
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
Exhibit A
{5318969: }
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
0860
1572
606O
1685
Receipt
7107
7/29/2013 Number:
Mail
11743
K0URBAGE
Mail
Certified NY
AVE SENT:
HALESITE
#: Certified
S BAY
LOAN
GAIL DATE
74
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
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FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
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FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
EARGO RORTGAGE
Loan Number: Date of Notice:07/26/2013
YOU COULD LOSE YOUR HOME.
PLEASE READ THE FOLLOWING NOTICE CAREFULLY.
GAIL S KOURBAGE
74 BAY AVE
HALESITE NY 11743 31208
As of 07/26/2013 your home loan is 1581 days in default. Under New York
State Law, we are required to send you this notice to inform you that you are
at risk of your home. You can cure this default the payment
losing by making
of $329115.09 dollars 08/25/2013.
by
If you are financial you should know that there are
experiencing difficulty,
several options available to you that you your home, Attached
may help keep
to this notice is a list of government approved agencies in
housing counseling
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consider contacting one of these agencies immediately. These agencies
specialize in helping homeowners who are financial difficulty.
facing Housing
counselors can help you assess your financial condition and work with us to
explore the possibility of your loan, an easier payment
modifying establishing
plan for you, or even working out a period of loan forbearance. If you wish,
you may also contact us directly at 800-282-3451 and ask to discuss possible
options.
While we cannot assure that a mutually agreeable resolution is possible, we
encourage you to take immediate steps to try to achieve a resolution The
longer you wait, the fewer options you have.
may
If this matter is not resolved within 90 days from the date this notice was
mailed, we may commence legal action against you (or sooner if you cease to
live in the dwelling as your primary residence.) If you need further
information, please call the New York State Department of Financial Services
toll-free helpline at 1-877-BANK-NYS (1-877-226-5697) or visit the
Departmenf s website at http://www.dfs.ny.gov.
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
NYSBD List of Approved Housing Counselors
Housing Agency Address Phone
American Debt Resources 248C Larkfield Road 1-800-498-0766
East Northport, NY 1.1731
Central Islip Civic Council 68 Wheeler Road 631-348-0669 ext: 13
Central Islip, NY 11722
CHHAYA 37-43 77th Street 718-478-3848
2nd Floor
Jackson Heights, NY 11372
Community Development 2100 Middle Country Road 631-471-1215 ext: 158
Corporation of Long island Suite 300
Centereach, NY 11720
Economic Opportunity 475 East Main St 631-289-2124
Council of Suffolk, Inc. Suite 206
Patchogue, NY 11772
FILED: SUFFOLK COUNTY CLERK 02/28/2023 10:58 AM INDEX NO. 032512/2013
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2023
Loan Number: Date of Notice:07/26/2013
YOU COULD LOSE YOUR HOME.
PLEASE READ THE FOLLOWING NOTICE CAREFULLY.
GAIL S KOURBAGE
74 BAY AVE
HN,ESITE NY 11743 31208
As of 07/26/2013 your home loan is 1581 days in default Under New York
State Law, we are required to send you this notice to info1m you that you are
at risk of your horne. You can care this default the payment
losing by making
of $329115.09 dollars by 08/25/2013.
If you are experiencing financial difficulty, you should know that there are
several options available to you that you your home. Attached
may help keep
to this notice is a list of govemment approved housing agencies in
counseling
your area which provide free or low-cost counseling. You should
very
consider one of these agencies immediately. These agencies
contacting
specialize in helping homeowners who are facing financial difficulty. Housing
counselors can help you assess your financial condition and work with us to
explore the possibility of modifying your loan, an easier payment
establishing
plan for you, or even out a period of loan forbearance. If you
working wish,
you may also contact us directly at 800,282-3451 and ask to discuss possible
options.
While we catnot assure that a mutually agreeable resolution is possible, we
encourage you to take immediate steps to to achieve a resolution. The
try
longer you wait, the fewer options you have.
may
If this matter is not resolved within 90 days fiom the date this notice was
mailed, we may commence legal action against you (or sooner if you cease to
live in the dwelling as your If you need further
primary residence.)
inforrnation, please call the New York State Department of Financial Services
toll-free helpline at 1-877-BANK-NYS or visit the
(1-877-226-5697)
Department's website at http#www-dfs.ny.gov.
FILED: SUFFOLK COUNTY CLERK 0