Preview
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
EXHIBIT A
FILED:
E'ILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 03/10/2023 12:13 PM INDEX
INDEX NO.
NO. 506027/2014
506027/2014
07/01/2014|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 313
1 RECEIVED
RECEIVED NYSCEF: 03/10/2023
NYSCEF: 07/01/2014
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
SUCCESSOR IN INTEREST BY PURCHASE FROM THE
FEDERAL DEPOSIT INSURANCE CORPORATION AS
RECEIVER OF WASHINGTON MUTUAL BANK F/K/A
WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN
INTEREST TO NORTH AMERICAN MORTGAGE COMPANY,
Plaintiff,
-vs- SUMMONS
PETER K. MCKENZIE; SHERREL FARNSWORTH
A/K/A SHERREL A. FARNSWORTH; JPMORGAN
CHASE BANK, N.A.; RAB PERFORMANCE
RECOVERIES, LLC; AMERICAN EXPRESS BANK
FSB; CAPITAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD;
NYC DEPARTMENT OF FINANCE-PARKING
VIOLATIONS BUREAU;
DOE" DOE"
"JOHN AND "JANE said Index No.
names being fictitious, it being the intention of
Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
Mortgaged Premises:
240 GREENE AVENUE
BROOKLYN NY 11238
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the
service of this Summons, exclusive of the day of service, or within thirty (30) days after service
of the same is complete where service is made in any manner other than by personal delivery
within the State. The United States of America, if designated as a defendant in this action, may
answer or appear within sixty (60) days of service. Your failure to appear or to answer will result
in a judgment against you by default for the relief demanded in the Complaint. In the event that a
deficiency balance remains from the sale proceeds, a judgment may be entered against you,
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be
just and equitable.
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 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 and protect your property,
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.
KINGS County is designated as the place of trial. he basis of venue is the location of
the mortgaged premises.
Dated: June 2014 ( /
M rk K. Broy s sq.
FEIN, SU & CRANE, LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585) 232-7400
CHNYC995
Block: 1966
Lot: 18
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
NATURE AND OBJECT OF ACTION
The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in
the Comity of KINGS, State of New York as more particularly described in the Complaint herein.
TO THE DEFENDANT, except PETER K. MCKENZIE and SHERREL
FARNSWORTH A/K/ASHERREL A. FARNSWORTH, the plaintiff makes no personal
claim against you in this action.
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
NOTICE OF RIGHTS
YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A
DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
UNLESS YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF
WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT HEREOF, WE WILL ASSUME
THAT THE DEBT IS VALID.
SHOULD YOU DISPUTE THIS DEBT AND NOTIFY US IN WRITING OF THE DISPUTE
WITHIN THIRTY (30) DAYS, WE WILL PROVDE YOU WITH VERIFICATION OF THE
OBLIGATION.
UPON YOUR WRITTEN REQUEST WITHIN THE AFOREMENTIONED THIRTY (30) DAY
PERIOD, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR IF DIFFERENT THAN THE CURRENT CREDITOR.
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
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 suminons and complaint carefully. You should immediate>y
contact an attorney or your local legal aid office to obtain advice on how to
.protect yourself.
Sources of Information and Assistance
The State encourages you to become·informed about your options in
foreclosure. In addition to seeking assistance from an attorney or·legal aid
office, there are government agencies and non-profit organizations that you
may contact for information about possible options, including trying.to work
with your lender during this process.
To locate'an entity near you, you may call the toll free helpline
maintained the New York State Departmentof Financial Services at 1-800-
by
269-0990 or visit the Department's website at wwwedfs.ny.gov.
Foreclosure liescue Seams
"save"
Be careful of people who approach you with offers to your home.
There are individuals who watch for notices of foreolesuresetionsin omder to
unfairly
profit from a homeowner's distress. YouShauld be esteemely careful
about any such pmmises and any suggestions thut yon pay them a fee or sign
over your deed. State law requires anyone offering such services for profit to
enter into a contract which fully describes the services they will perform and
fees they will charge, and thich prohibits them from taking any money from .
you until they have completed.allsuch promised services.
Section 1303 Notice 53013
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
SUCCESSOR IN INTEREST BY PURCHASE FROM THE
FEDERAL DEPOSIT INSURANCE CORPORATION AS
RECEIVER OF WASHINGTON MUTUAL BANK F/K/A
WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN
INTEREST TO NORTH AMERICAN MORTGAGE COMPANY,
Plaintiff,
-vs- COMPLAINT
PETER K. MCKENZIE; SHERREL FARNSWORTH
A/K/A SHERREL A. FARNSWORTH; JPMORGAN
CHASE BANK, N.A.; RAB PERFORMANCE
RECOVERIES, LLC; AMERICAN EXPRESS BANK
FSB; CAPITAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD;
NYC DEPARTMENT OF FINANCE-PARKING
VIOLATIONS BUREAU;
DOE" DOE"
"JOHN AND "JANE said Index No.
names being fictitious, it being the intention of
Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
The plaintiffherein, by FE1N, SUCH & CRANE, LLP, its attorneys, complains of the
defendants above named, and for its cause of action, alleges:
FIRST: The plaintiff is a national association, duly licensed, organized and existing
pursuant to the laws of the United States of America, doing business in the State of New York.
SECOND: Upon information and belief, at all times hereinafter mentioned, the
A"
defendant(s) reside or conduct business at the address set forth in "Schedule annexed hereto
(any that are corporations being organized and existing under the laws of the State set forth
therein), and are made defendants in this action in the capacities and for the reasons alleged
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
therein.
THIRD: That the United States of America, the People of the State ofNew York, the
State Tax Commission of the State ofNew York, the Industrial Commissioner of the State of
New York, and all other agencies or instrumentalities of the Federal, State or local govenunent,
however designated, if named as defendants, are made parties solely by reason of the facts set
B."
forth in the annexed "Schedule
FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor
and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a
certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
and assigns, jointly and severally, in the amount of said sum, as more fully described in the
C,"
annexed "Schedule said schedule being a copy of the bond(s) or note(s), or accurate reference
to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of
repayment of said sum and rights of the plaintiff.
FIFTH: Plaintiff is the holder of the Note referenced in paragraph FOURTH and entitled
to enforce the Note. The Note was payable to Plaintiff or indorsed (specifically or in blank) and
negotiated to Plaintiff. A copy of the Note with the indorsement(s) and/or allonge(s) is annexed
hereto as Schedule "C".
SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was
D,"
executed as annexed hereto in "Schedule acknowledged and delivered to the stated
Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors
bargained, granted and sold to the mortgagee named therein, its successors and assigns, the
premises more particularly described therein (hereinafter, the "Mortgaged Premises") under
certain conditions with rights, duties and privileges between the parties as described therein.
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
SEVENTH: The Mortgage is currently held by Plaintiff. As such, Plaintiff is current
beneficiary of the Mortgage securing the Note, the originals of which are in Plaintiffs possession
and control, and Plaintiff is otherwise entitled to enforce the subject Mortgage and Note pursuant
to law.
EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due
thereon was duly paid in the County Clerk's Office at the place and time that appears therein.
NINTH: That Plaintiff has complied with all applicable provisions of the RPAPL
Section 1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m if
applicable, in securing the aforementioned indebtedness and at all times thereafter. In accordance
with RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago but
within the last 12 months. The 90 day notice was sent at least 90 days before the commencement
of this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type,
contained the statutorily dictated language and the addresses and phone numbers of at least five
US Department of Housing and Urban Development approved housing counseling agencies in
the region where the borrower resides and was mailed by registered or certified mail and first
class mail to the last known address of the borrower. Plaintiff has fully and completely complied
with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306
filing requirements in that the filing with the superintendent was completed within three (3)
business days of the mailing.
TENTH: That the defendant(s), PETER K. MCKENZIE and SHERREL
FARNSWORTH A/K/A SHERREL A. FARNSWORTH, have failed to comply with the
conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes,
assessments, water rates, insurance premiunis, escrow and/or other charges, all as more fully
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
described in "Schedule E".
ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the
mortgage(s) as more than thirty (30) days have elapsed since the date of default.
E"
TWELFTH: That "Schedule sets forth the principal balance due and the date and rate
from which interest accrued and is owing from the defendant(s) default.
THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in
"Schedule or may be compelled to pay the of this local assess-
E", during pendency action, taxes,
ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,
and hereby requests that any sums paid by it for said purposes, with interest thereon, be added to
the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the
Mortgaged Premises.
FOURTEENTH: That the defendants herein have or claim to have some interest in, or
lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued
subsequent to the lien of the plaintiffs mortgage(s).
FIFTEENTH: That the plaintiff is now the true and lawful holder of the said
bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there
have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or
mortgage(s) except for Index No.3888/09, which was dismissed, and no such proceedings are
cunently pending.
SIXTEENTH:- "E"
That Schedules "A", "B", "C", "D", and "F", be incorporated and
made part of the Complaint with the same force and effect as if they were completely and fully
set forth wherever reference is made to them herein.
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NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released
or changed its election herein by reason of any payment after the commencement of this action of
any or all of the defaults mentioned herein and such election shall continue to be effective.
EIGHTEENTH: As a result of a scrivenor's error, the property description (Legal
Description) in the mortgage recorded on July 6, 2001, in Liber 5209, Page 0873, is erroneous in
that it has numerous errors throughout the property description (Legal Description). The correct
property description (Legal Description) which corresponds to the block and lot number set forth
in the mortgage is set out in Schedule "F". It is requested that the proper and accurate legal
"F"
description as contained in Schedule be substituted nunc pro tunc for the erroneous property
description (Legal Description) in the mortgage recorded on July 6, 2001, in Liber 5209, Page
0873. Attached hereto as Schedule "F", please find the proposed substituted mortgage premise
legal description.
WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it
for principal, interest, costs and reasonable attorneys', fees if provided for in the bond(s), note(s)
or mortgage(s), and that the defendants, and any persons claiming by, through or under them
subsequent to the commencement of this action, and every other person or corporation whose
right, title, conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded
subsequent to the plaintiffs interest, be forever barred and foreclosed of all right, claim, lien,
interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises,
or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts
due for principal, interest, costs, allowances and disbursements, together with any monies
advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s),
note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s)
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NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023
out of the proceeds from the sale thereof, with interest thereon from the respective dates of
attorneys'
payment thereof, costs and expenses of this action and reasonable fees, if provided for
in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said
payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this
Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged
Premises with the usual powers and duties associated therewith; that the defendants whom
executed the Note and were not otherwise released or discharged by bankruptcy be adjudged to
pay any remaining deficiency; and that the property description as set forth in Schedule "F",
attached hereto be substituted Nune Pro Tunc for the description contained in the mortgage and
that said. description be determined by the court to be the true and correct description of the
property to be foreclosed; and for such other and further relief as the Court may deem just and
equitable. The plaintiff hereby reserves its right to share in surplus monies from the sale by
virtue of its position as a judgment or other lien creditor, excluding the mortgage(s) foreclosed
Preview
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 EXHIBIT A FILED: E'ILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 03/10/2023 12:13 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 07/01/2014| NYSCEF NYSCEF DOC. DOC. NO. NO. 313 1 RECEIVED RECEIVED NYSCEF: 03/10/2023 NYSCEF: 07/01/2014 STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, -vs- SUMMONS PETER K. MCKENZIE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN CHASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN EXPRESS BANK FSB; CAPITAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF FINANCE-PARKING VIOLATIONS BUREAU; DOE" DOE" "JOHN AND "JANE said Index No. names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. Mortgaged Premises: 240 GREENE AVENUE BROOKLYN NY 11238 TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service. Your failure to appear or to answer will result in a judgment against you by default for the relief demanded in the Complaint. In the event that a deficiency balance remains from the sale proceeds, a judgment may be entered against you, FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable. 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 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 and protect your property, 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. KINGS County is designated as the place of trial. he basis of venue is the location of the mortgaged premises. Dated: June 2014 ( / M rk K. Broy s sq. FEIN, SU & CRANE, LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585) 232-7400 CHNYC995 Block: 1966 Lot: 18 FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 NATURE AND OBJECT OF ACTION The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in the Comity of KINGS, State of New York as more particularly described in the Complaint herein. TO THE DEFENDANT, except PETER K. MCKENZIE and SHERREL FARNSWORTH A/K/ASHERREL A. FARNSWORTH, the plaintiff makes no personal claim against you in this action. FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 NOTICE OF RIGHTS YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT HEREOF, WE WILL ASSUME THAT THE DEBT IS VALID. SHOULD YOU DISPUTE THIS DEBT AND NOTIFY US IN WRITING OF THE DISPUTE WITHIN THIRTY (30) DAYS, WE WILL PROVDE YOU WITH VERIFICATION OF THE OBLIGATION. UPON YOUR WRITTEN REQUEST WITHIN THE AFOREMENTIONED THIRTY (30) DAY PERIOD, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT THAN THE CURRENT CREDITOR. FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 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 suminons and complaint carefully. You should immediate>y contact an attorney or your local legal aid office to obtain advice on how to .protect yourself. Sources of Information and Assistance The State encourages you to become·informed about your options in foreclosure. In addition to seeking assistance from an attorney or·legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying.to work with your lender during this process. To locate'an entity near you, you may call the toll free helpline maintained the New York State Departmentof Financial Services at 1-800- by 269-0990 or visit the Department's website at wwwedfs.ny.gov. Foreclosure liescue Seams "save" Be careful of people who approach you with offers to your home. There are individuals who watch for notices of foreolesuresetionsin omder to unfairly profit from a homeowner's distress. YouShauld be esteemely careful about any such pmmises and any suggestions thut yon pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and thich prohibits them from taking any money from . you until they have completed.allsuch promised services. Section 1303 Notice 53013 FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, -vs- COMPLAINT PETER K. MCKENZIE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN CHASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN EXPRESS BANK FSB; CAPITAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF FINANCE-PARKING VIOLATIONS BUREAU; DOE" DOE" "JOHN AND "JANE said Index No. names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. The plaintiffherein, by FE1N, SUCH & CRANE, LLP, its attorneys, complains of the defendants above named, and for its cause of action, alleges: FIRST: The plaintiff is a national association, duly licensed, organized and existing pursuant to the laws of the United States of America, doing business in the State of New York. SECOND: Upon information and belief, at all times hereinafter mentioned, the A" defendant(s) reside or conduct business at the address set forth in "Schedule annexed hereto (any that are corporations being organized and existing under the laws of the State set forth therein), and are made defendants in this action in the capacities and for the reasons alleged FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 therein. THIRD: That the United States of America, the People of the State ofNew York, the State Tax Commission of the State ofNew York, the Industrial Commissioner of the State of New York, and all other agencies or instrumentalities of the Federal, State or local govenunent, however designated, if named as defendants, are made parties solely by reason of the facts set B." forth in the annexed "Schedule FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators and assigns, jointly and severally, in the amount of said sum, as more fully described in the C," annexed "Schedule said schedule being a copy of the bond(s) or note(s), or accurate reference to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of repayment of said sum and rights of the plaintiff. FIFTH: Plaintiff is the holder of the Note referenced in paragraph FOURTH and entitled to enforce the Note. The Note was payable to Plaintiff or indorsed (specifically or in blank) and negotiated to Plaintiff. A copy of the Note with the indorsement(s) and/or allonge(s) is annexed hereto as Schedule "C". SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was D," executed as annexed hereto in "Schedule acknowledged and delivered to the stated Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors bargained, granted and sold to the mortgagee named therein, its successors and assigns, the premises more particularly described therein (hereinafter, the "Mortgaged Premises") under certain conditions with rights, duties and privileges between the parties as described therein. FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 SEVENTH: The Mortgage is currently held by Plaintiff. As such, Plaintiff is current beneficiary of the Mortgage securing the Note, the originals of which are in Plaintiffs possession and control, and Plaintiff is otherwise entitled to enforce the subject Mortgage and Note pursuant to law. EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due thereon was duly paid in the County Clerk's Office at the place and time that appears therein. NINTH: That Plaintiff has complied with all applicable provisions of the RPAPL Section 1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m if applicable, in securing the aforementioned indebtedness and at all times thereafter. In accordance with RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago but within the last 12 months. The 90 day notice was sent at least 90 days before the commencement of this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type, contained the statutorily dictated language and the addresses and phone numbers of at least five US Department of Housing and Urban Development approved housing counseling agencies in the region where the borrower resides and was mailed by registered or certified mail and first class mail to the last known address of the borrower. Plaintiff has fully and completely complied with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306 filing requirements in that the filing with the superintendent was completed within three (3) business days of the mailing. TENTH: That the defendant(s), PETER K. MCKENZIE and SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH, have failed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiunis, escrow and/or other charges, all as more fully FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 described in "Schedule E". ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the mortgage(s) as more than thirty (30) days have elapsed since the date of default. E" TWELFTH: That "Schedule sets forth the principal balance due and the date and rate from which interest accrued and is owing from the defendant(s) default. THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in "Schedule or may be compelled to pay the of this local assess- E", during pendency action, taxes, ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises, and hereby requests that any sums paid by it for said purposes, with interest thereon, be added to the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the Mortgaged Premises. FOURTEENTH: That the defendants herein have or claim to have some interest in, or lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued subsequent to the lien of the plaintiffs mortgage(s). FIFTEENTH: That the plaintiff is now the true and lawful holder of the said bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s) except for Index No.3888/09, which was dismissed, and no such proceedings are cunently pending. SIXTEENTH:- "E" That Schedules "A", "B", "C", "D", and "F", be incorporated and made part of the Complaint with the same force and effect as if they were completely and fully set forth wherever reference is made to them herein. FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released or changed its election herein by reason of any payment after the commencement of this action of any or all of the defaults mentioned herein and such election shall continue to be effective. EIGHTEENTH: As a result of a scrivenor's error, the property description (Legal Description) in the mortgage recorded on July 6, 2001, in Liber 5209, Page 0873, is erroneous in that it has numerous errors throughout the property description (Legal Description). The correct property description (Legal Description) which corresponds to the block and lot number set forth in the mortgage is set out in Schedule "F". It is requested that the proper and accurate legal "F" description as contained in Schedule be substituted nunc pro tunc for the erroneous property description (Legal Description) in the mortgage recorded on July 6, 2001, in Liber 5209, Page 0873. Attached hereto as Schedule "F", please find the proposed substituted mortgage premise legal description. WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it for principal, interest, costs and reasonable attorneys', fees if provided for in the bond(s), note(s) or mortgage(s), and that the defendants, and any persons claiming by, through or under them subsequent to the commencement of this action, and every other person or corporation whose right, title, conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded subsequent to the plaintiffs interest, be forever barred and foreclosed of all right, claim, lien, interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises, or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts due for principal, interest, costs, allowances and disbursements, together with any monies advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s), note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s) FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 03/10/2023 out of the proceeds from the sale thereof, with interest thereon from the respective dates of attorneys' payment thereof, costs and expenses of this action and reasonable fees, if provided for in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged Premises with the usual powers and duties associated therewith; that the defendants whom executed the Note and were not otherwise released or discharged by bankruptcy be adjudged to pay any remaining deficiency; and that the property description as set forth in Schedule "F", attached hereto be substituted Nune Pro Tunc for the description contained in the mortgage and that said. description be determined by the court to be the true and correct description of the property to be foreclosed; and for such other and further relief as the Court may deem just and equitable. The plaintiff hereby reserves its right to share in surplus monies from the sale by virtue of its position as a judgment or other lien creditor, excluding the mortgage(s) foreclosed