Preview
FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023
"I"
EXHIBIT
FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023
IN THE SUPREME COURT OF SUFFOLK COUNTY, NEW YORK
FEDERAL NATIONAL MORTGAGE ASSOCIATION INDEX # 15989/2009
("FANNIE MAE"), A CORPORATION ORGANIZED
AND EXISTING UNDER THE LAWS OF THE UNITED Property Address:
STATES OF AMERICA, 84 HAYNES AVENUE
WEST ISL1P, NY 11795
Plaintiff,
-against-
FRANK AMATO, MATTHEW AMATO, CAPITAL ONE
BANK, CITIBANK, N.A., and JOSEPH TARANTELLO,
Defendants.
STATE OF @egon.
) ss.:
Mngton
. COUNTY )
AFFIDAVIT
Jacob Shue
, being first duly sworn on oath, deposes and states as follows:
L I h Document Management Spedalist
subservicer for FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"), A
CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED
STATES OF AMERICA. In that capacity, I am authonized to execute this affidavit on behalfof Seterus,
Inc. The statements made in this Affidavit are based on my personal knowledge.
2. For convenience, the following party or parties who executed the Note (as defined
are referred to herein as "Borrower": Frank Amato.
below)
DocumenWanagemendpdah
3. In my capacity as 4 I have access to Setems,
Inc.'s business records, including the business records for and relating to the Borrower's loan. I
make this Affidavit based upon my review of those records relating to the Borrower's loan and from
47 CF1Aflidovit of Debt - NY
FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023
my own personal knowledge of how they are kept and maintained. The loan records for the
Borrower are maintained by Seterus, Inc. in the course of its regularly conducted business activities
4. Borrower executed a Note dated September 7, 2006, for $350,000.00, secured by
a Mortgage on a property located at 84 HAYNES AVENUE, WEST ISLIP, NY 11795. The
Mortgage was recorded on October 11, 2006 in Liber 21398, Page 177, in the Suffolk County
Clerk's Office, State of New York. The Mortgage was assigned to CitiMortgage, Inc., as
memorialized by an Assignment of Mortgage, executed on April 28, 2009, which was recorded
in the Office of the County Clerk of Suffolk County on May 21, 2009 in Liber 21818, Page 711.
The Mortgage was further assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION,
as memorialized by an Assignment of Mortgage, executed on February 12, 2014. FANNIE MAE
has the right to foreclose based upon the following:
A. Seteros, Inc. is the servicer ofthe loan andis authorized to act on behalfoftheholder ofthe
Note, FANNIE MAE.
5. The Borrower has defaulted on his\her payment under the terms of the Note and
Mortgage. The Borrower's default on the Note and Mortgage has not been cured, and the loan
balance has been accelerated making the entire balance due and owing pursuant to the tenns of the
loan documents.
6. I confirm that the notice of default was sent to the Borrower.
7. My review of records maintained by CitiMortgage, Inc. reveals that a ninety (90)
day pre-foreclosure notice was NOT required as the action was commenced prior to January 14,
"high-cost," "subprime," "non-traditional."
2010, and the subject loan is not designated as or A
of the filed page of the Summons and Complaint are annexed hereto as Exhibit B.
copy
(7 CRAmdavittirrtebt- NY 2
FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023
8. As a result of the Borrower's default, the Borrower owes, as of December 30,
2016, the following itemized sums of money, exclusive of fees and costs:
Principal Balance $340,712.71
Interest Due from 12/01/08 through
12/30/16 at 6.875% $189,253.08
Pre-Acceleration Late Charges $91.96
Escrow
-Real Estate Taxes and Hazard Insurance $107,745.43
Broker's Price Opinion/Appraisals $84.00
Property Preservation $0.00
Property Inspections . . fl j!58.59.
Miscellaneous Charges/Credits as
Follows:
Suspense Balance
(-$266.10)
TOTAL $63&,S79.58
BY
Date:
Seterus, Inc., as authorized subservicer for Federal
National Mortgage Association ("Fannie Mae"), a
corporation organized and existing under the laws
of the United States of America
STATE OF
COUNTY OF Washington . SS:
*(or insert District of Columbia, Territory, Possession or Foreign Country)
On the Ó day of #Ó. . in the year 20 , before me the undersigned,
personally appeared
acob,ShNe
nemnnally
kn-own.to.me.,or proved to me on the
oen 4Zn so.m.wy 3
FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023
basis of satisfactory evidence, to be thp.Jodividual(s) whose is (are) subscribed to the within
name(s)
Instrument and acknowled ed to me thatfþë) (she) (they)
executed the same in i (her) (their) capacity(ies), and that by (hi[ (her) (their) signature(s) on the
instrument, the individual(s) or the person upon behalf of which t e acted, executed the
Individual(s)
instrupient, and that such individual(s) made such appearance before the undersigned in the
(11B. B Beaverthn , Gregon (add the city or political
sûbdivigfon and the state or count y or other place the acknowledgment was taken).
OFFICIALSEAL
.b JEANNETTE L CAO
NOTARY PUBLIC -OREGON
Notary Public cOMMISSION NO.477207B
, uv COMMISSIONEXPIRESMARCUBP017
47CF1AnidavitorDebi- NY
NY - Amduv4
(A.1Consiio)- 2015
(221
DEX-23-lt
NY20151221 26539
Preview
FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023 "I" EXHIBIT FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023 IN THE SUPREME COURT OF SUFFOLK COUNTY, NEW YORK FEDERAL NATIONAL MORTGAGE ASSOCIATION INDEX # 15989/2009 ("FANNIE MAE"), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED Property Address: STATES OF AMERICA, 84 HAYNES AVENUE WEST ISL1P, NY 11795 Plaintiff, -against- FRANK AMATO, MATTHEW AMATO, CAPITAL ONE BANK, CITIBANK, N.A., and JOSEPH TARANTELLO, Defendants. STATE OF @egon. ) ss.: Mngton . COUNTY ) AFFIDAVIT Jacob Shue , being first duly sworn on oath, deposes and states as follows: L I h Document Management Spedalist subservicer for FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA. In that capacity, I am authonized to execute this affidavit on behalfof Seterus, Inc. The statements made in this Affidavit are based on my personal knowledge. 2. For convenience, the following party or parties who executed the Note (as defined are referred to herein as "Borrower": Frank Amato. below) DocumenWanagemendpdah 3. In my capacity as 4 I have access to Setems, Inc.'s business records, including the business records for and relating to the Borrower's loan. I make this Affidavit based upon my review of those records relating to the Borrower's loan and from 47 CF1Aflidovit of Debt - NY FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023 my own personal knowledge of how they are kept and maintained. The loan records for the Borrower are maintained by Seterus, Inc. in the course of its regularly conducted business activities 4. Borrower executed a Note dated September 7, 2006, for $350,000.00, secured by a Mortgage on a property located at 84 HAYNES AVENUE, WEST ISLIP, NY 11795. The Mortgage was recorded on October 11, 2006 in Liber 21398, Page 177, in the Suffolk County Clerk's Office, State of New York. The Mortgage was assigned to CitiMortgage, Inc., as memorialized by an Assignment of Mortgage, executed on April 28, 2009, which was recorded in the Office of the County Clerk of Suffolk County on May 21, 2009 in Liber 21818, Page 711. The Mortgage was further assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION, as memorialized by an Assignment of Mortgage, executed on February 12, 2014. FANNIE MAE has the right to foreclose based upon the following: A. Seteros, Inc. is the servicer ofthe loan andis authorized to act on behalfoftheholder ofthe Note, FANNIE MAE. 5. The Borrower has defaulted on his\her payment under the terms of the Note and Mortgage. The Borrower's default on the Note and Mortgage has not been cured, and the loan balance has been accelerated making the entire balance due and owing pursuant to the tenns of the loan documents. 6. I confirm that the notice of default was sent to the Borrower. 7. My review of records maintained by CitiMortgage, Inc. reveals that a ninety (90) day pre-foreclosure notice was NOT required as the action was commenced prior to January 14, "high-cost," "subprime," "non-traditional." 2010, and the subject loan is not designated as or A of the filed page of the Summons and Complaint are annexed hereto as Exhibit B. copy (7 CRAmdavittirrtebt- NY 2 FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023 8. As a result of the Borrower's default, the Borrower owes, as of December 30, 2016, the following itemized sums of money, exclusive of fees and costs: Principal Balance $340,712.71 Interest Due from 12/01/08 through 12/30/16 at 6.875% $189,253.08 Pre-Acceleration Late Charges $91.96 Escrow -Real Estate Taxes and Hazard Insurance $107,745.43 Broker's Price Opinion/Appraisals $84.00 Property Preservation $0.00 Property Inspections . . fl j!58.59. Miscellaneous Charges/Credits as Follows: Suspense Balance (-$266.10) TOTAL $63&,S79.58 BY Date: Seterus, Inc., as authorized subservicer for Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America STATE OF COUNTY OF Washington . SS: *(or insert District of Columbia, Territory, Possession or Foreign Country) On the Ó day of #Ó. . in the year 20 , before me the undersigned, personally appeared acob,ShNe nemnnally kn-own.to.me.,or proved to me on the oen 4Zn so.m.wy 3 FILED: SUFFOLK COUNTY CLERK 05/23/2023 06:48 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/23/2023 basis of satisfactory evidence, to be thp.Jodividual(s) whose is (are) subscribed to the within name(s) Instrument and acknowled ed to me thatfþë) (she) (they) executed the same in i (her) (their) capacity(ies), and that by (hi[ (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which t e acted, executed the Individual(s) instrupient, and that such individual(s) made such appearance before the undersigned in the (11B. B Beaverthn , Gregon (add the city or political sûbdivigfon and the state or count y or other place the acknowledgment was taken). OFFICIALSEAL .b JEANNETTE L CAO NOTARY PUBLIC -OREGON Notary Public cOMMISSION NO.477207B , uv COMMISSIONEXPIRESMARCUBP017 47CF1AnidavitorDebi- NY NY - Amduv4 (A.1Consiio)- 2015 (221 DEX-23-lt NY20151221 26539