Preview
FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____---------------------___________________Ç
SANTINO TOMAINO, individually and
As the Administrator of the Estate of Janet Tomaino INDEX #:
Plaintiff, Plaintiff designates Suffolk
County as the place of trial
-against- The Basis of the venue is
Plaintiff's Place of Residence
Plaintiff resides at :
80 Newton Blvd
HSBC BANK USA, NATIONAL ASSOCIATION, Lake Ronkonkoma, NY
AS TRUSTEE
FOR NOMURA HOME EQUITY LOAN, INC.,
ASSET- BACKED SERIES 2006-FM2L
CERTIFICATES,
SUMMONS WITH
NOTICE AND
COMPLAINT
_______________------____________---______x
To the above named Defendant
YOU ARE HEREBY SUMMONED to service notice of appearance, on
the Plaintiff or Plaintiff's attorney within 20 days after the service of this
summons exclusive of the day of service(or within 30 days after 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, Judgment will be taken against
you by default for the relief demanded in the notice set forth below.
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Dated: March 17, 2023
Lake Ronkonkoma, New York
Santiffo omaino
Plaintiff Pro Se
80 Newton Boulevard
Lake Ronkonkoma, New York 11779
NOTICE:
The nature of this action is for Damages for Fraud
The relief sought is: A money judgment in amount of $15,000,000.00 or in an
amount to be determined by the Court; counsel fees costs and disbursements of
this action and punitive damages as may be determined by the court.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
___________________________________________Ç
SANTINO TOMAINO, individually and
As the Administrator of the Estate of Janet Tomaino
Plaintiff
-against- Verified Complaint
Index #:
HSBC BANK USA, NATIONAL ASSOCIATION,
AS TRUSTEE
FOR NOMURA HOME EQUITY LOAN, INC.,
ASSET- BACKED SERIES 2006-FM2L
CERTIFICATES,
Defendants.
__________________________________________Ç
The Plaintiff, Santino Tomaino hereby states and alleges as follows;
1. The Plaintiff is presently domiciled and resides at 80 Newton Boulevard, Lake
Ronkonkoma, New York.
2. That the Plaintiff is a disabled senior citizen.
3. Janet Tomaino was the wife of Santino Tomaino.
4. That upon all times herein mentioned and upon information and belief the
Defendant HSBC BANK USA, NATIONAL ASSOCIATION is a lending
institution permitted to conduct business in the State of NewYork with a
headquarters located at 1452 Fifth Avenue, New York 10018.
Plaintiff Statement of Facts
5. That on or about May 18, 2006, Santino Tomaino & Janet Tomaino executed
a mortgage and note with Fremont Investment and Loan in the amount of
$300,000.00. The note was secured with a mortgage on the Plaintiff's
principal residence located at 80 Newton Boulevard, Lake Ronkonkoma, New
York 11779.
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5. Sometime thereafter the exact date being unknown said note and mortgage
were upon information and belief assigned to the Defendant HSBC BANK
USA, NATIONAL ASSOCIATION.
6. That the monthly payments under the note were $992.27.
7. That on or about July 4, 2009, Janet Tomaino was diagnosed with Stage 4
colon cancer that had metastasized throughout her body.
8. That on or about September 14, 2012, the Defendant HSBC BANK USA,
NATIONAL ASSOCIATION in this case filed a complaint with the Court
commencing a foreclosure action in the Suffolk County Supreme Court.
9. According to the complaint I and my wife failed to pay the monthly
installment amounts due beginning on or about July 1, 2010 on the note that
they were assigned from Fremont Investment and Loan.
10. That on or about October 1, 2010 that there were no arrears. Plaintiff made a
payment on October 1, 2010 of $992.27
11. The Plaintiff failed to make a payment of $992.27 due for the month of
November 1, 2010 and then again the payment due December 1, 2010.
12. That on or about January 19, 2011 Plaintiff made a payment of $992.27.
13. Thereafter monthly installments were not made by the Plaintiff due and
owing on February 1, 2011; March 1, 2011; April l 2011; May 1, 2011 and
June 1, 2011. At such point in time there were seven monthly installments
missed by the Plaintiff.
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14. That on or about. July 17, 2011 the Plaintiff made a monthly installment of
payment was made in the amount of $992.27, which was accepted by the
lender.
15. That on or about August 23, 2011 Plaintiff made a monthly installment
payment of $992.27, which was also accepted by the lender.
16. That on or about, September 27, 2011 Plaintiff made a monthly installment
payment in the amount of $992.27, which was accepted by the lender. Upon
information and belief this was deemed a forbearance payment.
17. On or about October 26, 2011 the Plaintiff made a monthly installment
payment in the amount of $992.27, which was accepted by the lender.
18. That on on or about December 06, 2011 Plaintiff made a monthly installment
payment in the amount of $992.27, which was accepted by the lenden
19. That on or about December 23, 2011 Plaintiff made a monthly installment
payment in the amount of $992.27 to the lender but such payment was
refused.
20. That Plaintiff made no payments between January 1, 2012 and May 1, 2012.
21. That on or about June 20, 2012 Plaintiff made a monthly installment payment
of $992.27 to the lenden Such payment was refused.
22. That on or about July 1, 2012 Plaintiff made a payment in the amount of
$1,000.00 to the lender. Such payment was refused by the lendet
23. That on or about October 13, 2012 the Plaintiff made a payment in the amount
of $992.27 to the lender. Such payment was refused by the lender
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24. That the Plaintiff commenced the foreclosure action referred to hereinabove
on or about September 14, 2012 in the Suffolk County Supreme Court, with
Index Number 28606/2012.
25. That on or about October 20, 2012 Janet Tomaino died.
26. That Plaintiff made no payment on November 1, 2012.
27. That on or about December 1, 2012 Plaintiff offered $40,000.00 to settle the
account. The funds of which were the benefits of $30,000.00 on an insurance
policy for Janet Tomaino and $10,000.00 cash.
28. The monthly payment of $992.27 included not only principal and interest but
one twelfth of homeowner's insurance premium and real property taxes for the
premises. That with the lender could not be owed more than $18,000.00 at
that time and the Plaintiff offered $40,000.00.
29. That on or about January 10, 2014 a foreclosure conference was held in the
Fifth District Court of Suffolk County for the Supreme Court Foreclosure
hereinabove mentioned. That at such conference Plaintiff made an offer to
resolve arrears claimed by the Defendant with an offer of $50,000 to
$60,000.00 but the attorneys that were at the conference said they could not
accept an offer at that time.
30. That on or about February 2, 2015, Plaintiff filed a Chapter 7 Bankruptcy in
the Bankruptcy Court in the Eastern District of New York. That during such
proceedings there were enough funds to pay all creditors including the
Defendant but the Defendant refused payment in those proceeding.
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31. That sometime in 2015 Plaintiff made another offer of $65,000.00 toward the
arrears on the alleged underlying mortgage and the Defendant and/or
representatives of the Defendant refused.
32. That sometime in 2016, Plaintiff made an offer of $95,000.00 toward the
arrears on the alleged underlying mortgage and the Defendant and/or
representatives of the Defendant refused. That when requested the Defendant
not again confirm what the exact arrears were.
33. That sometime in 2017 Plaintiff offered a settlement amount of
$130,000.00 toward the arrears on the alleged underlying mortgage and the
Defendant and/or representatives of the Defendant refused.
34. That in or about sometime in 2017 as stated in paragraph 15, the Defendant
and/or their representative Ocwen Loan Servicing, LLC said they would send
me papers to complete but I never received them. That upon information and
belief such papers were a loan modification application.
35. That on or about September 9, 2018, a foreclosure judgment was entered by
the Suffolk County Supreme Court action previously mentioned herein and a
sale was noticed for December 17, 2018
36. That in or about March 2019 Plaintiff Santino Tomaino was diagnosed with
cancer.
37. That on or about October 21, 2020 Plaintiff offered a settlement amount of
$100,000.00 toward the arrears on the alleged underlying mortgage and the
Defendant and/or representatives of the Defendant refused in the amount of
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$100,000.00 for failure of proof of funds. That Plaintiff offered proof of funds
Defendant and/or Defendant's representative did not accept the form of proof-
to wit money orders..
38. That on or about February 17, 2022 Plaintiff resubmitted a settlement amount
of $100,000.00 toward the arrears on the alleged underlying mortgage and the
Defendant and/or representatives of the Defendant but no response was
received.
39. That sometime in thereafter Plaintiff offered a settlement amount of
$145,000.00 toward the arrears on the alleged underlying mortgage and the
Defendant and/or representatives of the Defendant. That Plaintiff was advised
that an appraisal of the premises would have to be conducted.
40. That on or about December 2022 the Plaintiff Santino Tomaino that the
cancer previously in remission was diagnosed again with cancer with a tumor
being discovered due to the stress he was under.
41. That sometime thereafter Plaintiff offered a settlement amount of
$150,000.00 toward the arrears on the alleged underlying mortgage and the
Defendant and/or representatives of the Defendant. 6-f tA 6cÊ
42. That Plaintiff was advised that a foreclosure had been scheduled for on or
about March 2, 2023 and that such offer could not be considered.
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AS AND FOR A FIRST CAUSE OF ACTION
43. The Plaintiff repeats, realleges and reasserts each and every statement and
allegations set forth herein in paragraphs 1 to 42 as if fully stated herein.
44. That the Plaintiff qualifies for the modification of his mortgage either
through the Home Affordable Loan Modification Program("HAMP") program
or any other internal modification program that may be available but the
Defendant failed to take steps to assist Plaintiff with a modification.
45. That as stated hereinbove at length Plaintiff informed the Defendant of his
financial hardship and then of the death of his wife but nevertheless as alleged
herein above on or about December 1, 2012, Plaintiff offered to settle this
matter and that he had $40,000.00 at a time when the arrears were at a
manageable amount.
46. That thereafter Plaintiff continued in good faith to negotiate with the
Defendant or Defendant's representatives in order to save his home.
47. The Defendant never cooperated in good faith with the Plaintiff
48. That the Defendant was required under Federal and New York State Law and
policies to resolve this matter in good faith they rather chose to litigate and
take the property from the Plaintiff. Defendant had no intention to resolve
this.
49. That as a result of those actions of the Defendant the Plaintiff has been
damaged in the sum of $15,000,000.00
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AS AND FOR A SECOND CAUSE OF ACTION
50. The Plaintiff repeats, realleges and reasserts each and statement and
every
allegations set forth herein in paragraphs 1 to 49 as if fully stated herein.
51. The Defendant fraudulently, during the periods mentioned hereinabove
discussed and negotiated with the Plaintiff misleading him to believe that the
loan could be modified.
52. Plaintiff relied on the misleading conduct of the Defendant to his detriment in
that he relied on the Defendant's bad conduct to fail to file an answer in the
referenced foreclosure action in the Suffolk County Supreme Court Index #:
28606-2012.
53. That as a result my residence faced a foreclosure sale and the loss of my
primary residence.
54. That due to the fraudulently and misleading conduct of the Defendant, the
Plaintiff suffered damages to be determined by the court but in no event to be
in an amount less than $15,000,000.00.
WHEREFORE, plaintiff demands judgment on the First Cause of Action in
the sum of $15,000,000.00; Judgment on the Second Cause of action in the amount of
$15,000,000.00 or in such amount to be determined by the Court, together with statutory
interest, the fees, costs and disbursements of this action, attorney fees and for such other
and further relief as the Court deems just and proper, including punitive damages.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023
Dated: March 17, 2023
Lake Ronkonkoma, New York
Santino Tomaino
Plaintiff Pro Se
80 Newton Boulevard
Lake Ronkonkoma, New York 11779
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VERIFICATION
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
Santino Tomaino, being duly sworn deposes and says that (s)he is the Plaintiff in
the foregoing complaint and has heard an read said complaint and that the
contents of said complaint are true to the knowledge of the deponent, except to
those matters therein stated to be alleged on information and belief, and as to
those matters deponent believes the same to be true.
Santino Tomaino
Sworn to before me this 11th day of
March, 2023
EDWARDPESAPANE
- New York
Notary Public State of
NO. 01PE49 13582
No ublic Qualified in Suffolk County
Nov 2, 2025
My Commission Expires
.. ..
- - .. - - .. .. - - - -
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Preview
FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____---------------------___________________Ç SANTINO TOMAINO, individually and As the Administrator of the Estate of Janet Tomaino INDEX #: Plaintiff, Plaintiff designates Suffolk County as the place of trial -against- The Basis of the venue is Plaintiff's Place of Residence Plaintiff resides at : 80 Newton Blvd HSBC BANK USA, NATIONAL ASSOCIATION, Lake Ronkonkoma, NY AS TRUSTEE FOR NOMURA HOME EQUITY LOAN, INC., ASSET- BACKED SERIES 2006-FM2L CERTIFICATES, SUMMONS WITH NOTICE AND COMPLAINT _______________------____________---______x To the above named Defendant YOU ARE HEREBY SUMMONED to service notice of appearance, on the Plaintiff or Plaintiff's attorney within 20 days after the service of this summons exclusive of the day of service(or within 30 days after 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, Judgment will be taken against you by default for the relief demanded in the notice set forth below. 1 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 Dated: March 17, 2023 Lake Ronkonkoma, New York Santiffo omaino Plaintiff Pro Se 80 Newton Boulevard Lake Ronkonkoma, New York 11779 NOTICE: The nature of this action is for Damages for Fraud The relief sought is: A money judgment in amount of $15,000,000.00 or in an amount to be determined by the Court; counsel fees costs and disbursements of this action and punitive damages as may be determined by the court. 2 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ___________________________________________Ç SANTINO TOMAINO, individually and As the Administrator of the Estate of Janet Tomaino Plaintiff -against- Verified Complaint Index #: HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR NOMURA HOME EQUITY LOAN, INC., ASSET- BACKED SERIES 2006-FM2L CERTIFICATES, Defendants. __________________________________________Ç The Plaintiff, Santino Tomaino hereby states and alleges as follows; 1. The Plaintiff is presently domiciled and resides at 80 Newton Boulevard, Lake Ronkonkoma, New York. 2. That the Plaintiff is a disabled senior citizen. 3. Janet Tomaino was the wife of Santino Tomaino. 4. That upon all times herein mentioned and upon information and belief the Defendant HSBC BANK USA, NATIONAL ASSOCIATION is a lending institution permitted to conduct business in the State of NewYork with a headquarters located at 1452 Fifth Avenue, New York 10018. Plaintiff Statement of Facts 5. That on or about May 18, 2006, Santino Tomaino & Janet Tomaino executed a mortgage and note with Fremont Investment and Loan in the amount of $300,000.00. The note was secured with a mortgage on the Plaintiff's principal residence located at 80 Newton Boulevard, Lake Ronkonkoma, New York 11779. 3 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 5. Sometime thereafter the exact date being unknown said note and mortgage were upon information and belief assigned to the Defendant HSBC BANK USA, NATIONAL ASSOCIATION. 6. That the monthly payments under the note were $992.27. 7. That on or about July 4, 2009, Janet Tomaino was diagnosed with Stage 4 colon cancer that had metastasized throughout her body. 8. That on or about September 14, 2012, the Defendant HSBC BANK USA, NATIONAL ASSOCIATION in this case filed a complaint with the Court commencing a foreclosure action in the Suffolk County Supreme Court. 9. According to the complaint I and my wife failed to pay the monthly installment amounts due beginning on or about July 1, 2010 on the note that they were assigned from Fremont Investment and Loan. 10. That on or about October 1, 2010 that there were no arrears. Plaintiff made a payment on October 1, 2010 of $992.27 11. The Plaintiff failed to make a payment of $992.27 due for the month of November 1, 2010 and then again the payment due December 1, 2010. 12. That on or about January 19, 2011 Plaintiff made a payment of $992.27. 13. Thereafter monthly installments were not made by the Plaintiff due and owing on February 1, 2011; March 1, 2011; April l 2011; May 1, 2011 and June 1, 2011. At such point in time there were seven monthly installments missed by the Plaintiff. 4 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 14. That on or about. July 17, 2011 the Plaintiff made a monthly installment of payment was made in the amount of $992.27, which was accepted by the lender. 15. That on or about August 23, 2011 Plaintiff made a monthly installment payment of $992.27, which was also accepted by the lender. 16. That on or about, September 27, 2011 Plaintiff made a monthly installment payment in the amount of $992.27, which was accepted by the lender. Upon information and belief this was deemed a forbearance payment. 17. On or about October 26, 2011 the Plaintiff made a monthly installment payment in the amount of $992.27, which was accepted by the lender. 18. That on on or about December 06, 2011 Plaintiff made a monthly installment payment in the amount of $992.27, which was accepted by the lenden 19. That on or about December 23, 2011 Plaintiff made a monthly installment payment in the amount of $992.27 to the lender but such payment was refused. 20. That Plaintiff made no payments between January 1, 2012 and May 1, 2012. 21. That on or about June 20, 2012 Plaintiff made a monthly installment payment of $992.27 to the lenden Such payment was refused. 22. That on or about July 1, 2012 Plaintiff made a payment in the amount of $1,000.00 to the lender. Such payment was refused by the lendet 23. That on or about October 13, 2012 the Plaintiff made a payment in the amount of $992.27 to the lender. Such payment was refused by the lender 5 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 24. That the Plaintiff commenced the foreclosure action referred to hereinabove on or about September 14, 2012 in the Suffolk County Supreme Court, with Index Number 28606/2012. 25. That on or about October 20, 2012 Janet Tomaino died. 26. That Plaintiff made no payment on November 1, 2012. 27. That on or about December 1, 2012 Plaintiff offered $40,000.00 to settle the account. The funds of which were the benefits of $30,000.00 on an insurance policy for Janet Tomaino and $10,000.00 cash. 28. The monthly payment of $992.27 included not only principal and interest but one twelfth of homeowner's insurance premium and real property taxes for the premises. That with the lender could not be owed more than $18,000.00 at that time and the Plaintiff offered $40,000.00. 29. That on or about January 10, 2014 a foreclosure conference was held in the Fifth District Court of Suffolk County for the Supreme Court Foreclosure hereinabove mentioned. That at such conference Plaintiff made an offer to resolve arrears claimed by the Defendant with an offer of $50,000 to $60,000.00 but the attorneys that were at the conference said they could not accept an offer at that time. 30. That on or about February 2, 2015, Plaintiff filed a Chapter 7 Bankruptcy in the Bankruptcy Court in the Eastern District of New York. That during such proceedings there were enough funds to pay all creditors including the Defendant but the Defendant refused payment in those proceeding. 6 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 31. That sometime in 2015 Plaintiff made another offer of $65,000.00 toward the arrears on the alleged underlying mortgage and the Defendant and/or representatives of the Defendant refused. 32. That sometime in 2016, Plaintiff made an offer of $95,000.00 toward the arrears on the alleged underlying mortgage and the Defendant and/or representatives of the Defendant refused. That when requested the Defendant not again confirm what the exact arrears were. 33. That sometime in 2017 Plaintiff offered a settlement amount of $130,000.00 toward the arrears on the alleged underlying mortgage and the Defendant and/or representatives of the Defendant refused. 34. That in or about sometime in 2017 as stated in paragraph 15, the Defendant and/or their representative Ocwen Loan Servicing, LLC said they would send me papers to complete but I never received them. That upon information and belief such papers were a loan modification application. 35. That on or about September 9, 2018, a foreclosure judgment was entered by the Suffolk County Supreme Court action previously mentioned herein and a sale was noticed for December 17, 2018 36. That in or about March 2019 Plaintiff Santino Tomaino was diagnosed with cancer. 37. That on or about October 21, 2020 Plaintiff offered a settlement amount of $100,000.00 toward the arrears on the alleged underlying mortgage and the Defendant and/or representatives of the Defendant refused in the amount of 7 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 $100,000.00 for failure of proof of funds. That Plaintiff offered proof of funds Defendant and/or Defendant's representative did not accept the form of proof- to wit money orders.. 38. That on or about February 17, 2022 Plaintiff resubmitted a settlement amount of $100,000.00 toward the arrears on the alleged underlying mortgage and the Defendant and/or representatives of the Defendant but no response was received. 39. That sometime in thereafter Plaintiff offered a settlement amount of $145,000.00 toward the arrears on the alleged underlying mortgage and the Defendant and/or representatives of the Defendant. That Plaintiff was advised that an appraisal of the premises would have to be conducted. 40. That on or about December 2022 the Plaintiff Santino Tomaino that the cancer previously in remission was diagnosed again with cancer with a tumor being discovered due to the stress he was under. 41. That sometime thereafter Plaintiff offered a settlement amount of $150,000.00 toward the arrears on the alleged underlying mortgage and the Defendant and/or representatives of the Defendant. 6-f tA 6cÊ 42. That Plaintiff was advised that a foreclosure had been scheduled for on or about March 2, 2023 and that such offer could not be considered. 8 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 AS AND FOR A FIRST CAUSE OF ACTION 43. The Plaintiff repeats, realleges and reasserts each and every statement and allegations set forth herein in paragraphs 1 to 42 as if fully stated herein. 44. That the Plaintiff qualifies for the modification of his mortgage either through the Home Affordable Loan Modification Program("HAMP") program or any other internal modification program that may be available but the Defendant failed to take steps to assist Plaintiff with a modification. 45. That as stated hereinbove at length Plaintiff informed the Defendant of his financial hardship and then of the death of his wife but nevertheless as alleged herein above on or about December 1, 2012, Plaintiff offered to settle this matter and that he had $40,000.00 at a time when the arrears were at a manageable amount. 46. That thereafter Plaintiff continued in good faith to negotiate with the Defendant or Defendant's representatives in order to save his home. 47. The Defendant never cooperated in good faith with the Plaintiff 48. That the Defendant was required under Federal and New York State Law and policies to resolve this matter in good faith they rather chose to litigate and take the property from the Plaintiff. Defendant had no intention to resolve this. 49. That as a result of those actions of the Defendant the Plaintiff has been damaged in the sum of $15,000,000.00 9 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 AS AND FOR A SECOND CAUSE OF ACTION 50. The Plaintiff repeats, realleges and reasserts each and statement and every allegations set forth herein in paragraphs 1 to 49 as if fully stated herein. 51. The Defendant fraudulently, during the periods mentioned hereinabove discussed and negotiated with the Plaintiff misleading him to believe that the loan could be modified. 52. Plaintiff relied on the misleading conduct of the Defendant to his detriment in that he relied on the Defendant's bad conduct to fail to file an answer in the referenced foreclosure action in the Suffolk County Supreme Court Index #: 28606-2012. 53. That as a result my residence faced a foreclosure sale and the loss of my primary residence. 54. That due to the fraudulently and misleading conduct of the Defendant, the Plaintiff suffered damages to be determined by the court but in no event to be in an amount less than $15,000,000.00. WHEREFORE, plaintiff demands judgment on the First Cause of Action in the sum of $15,000,000.00; Judgment on the Second Cause of action in the amount of $15,000,000.00 or in such amount to be determined by the Court, together with statutory interest, the fees, costs and disbursements of this action, attorney fees and for such other and further relief as the Court deems just and proper, including punitive damages. 10 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 Dated: March 17, 2023 Lake Ronkonkoma, New York Santino Tomaino Plaintiff Pro Se 80 Newton Boulevard Lake Ronkonkoma, New York 11779 11 of 12 FILED: SUFFOLK COUNTY CLERK 03/17/2023 11:46 AM INDEX NO. 606769/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023 VERIFICATION STATE OF NEW YORK) ) COUNTY OF SUFFOLK) Santino Tomaino, being duly sworn deposes and says that (s)he is the Plaintiff in the foregoing complaint and has heard an read said complaint and that the contents of said complaint are true to the knowledge of the deponent, except to those matters therein stated to be alleged on information and belief, and as to those matters deponent believes the same to be true. Santino Tomaino Sworn to before me this 11th day of March, 2023 EDWARDPESAPANE - New York Notary Public State of NO. 01PE49 13582 No ublic Qualified in Suffolk County Nov 2, 2025 My Commission Expires .. .. - - .. - - .. .. - - - - 12 of 12