Preview
FILED: GENESEE COUNTY CLERK 03/30/2023 01:54 PM INDEX NO. E69938
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/30/2023
"K"
EXHIBIT
FILED: GENESEE COUNTY CLERK 03/30/2023 01:54 PM INDEX NO. E69938
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/30/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF GENESEE
._____________. ..............................____..........__......................................._..
Fann Credit East, ACA Index No. E69938
Plaintiff
PLAINTIFF'S AFFIDAVIT OF
v. MERIT & AMOUNT DUE
David A. Ficarella, Trustee of the David A. Ficarella
Living Trust dated November 28, 2005
David A. Ficarella
Kate Ficarella
Capital One Bank (USA), NA
First National Bank of Omaha- A of First
Subsidiary
National Bank of Nebraska, Inc.
and "John Doe", said name being fictitious and intended
to include any and all parties having an interest in the
mortgaged premises and not otherwise identified above
Defendants.
__.-_._........................................__......___....._............__........_..._............__......................................._.
STATE OF NEW YORK )
COUNTY OF STEUBEN ) ss.:
Patrick Coates, being duly sworn, deposes and says:
1. I make this Affidavit in further support of Plaintiff, Farm Credit East, ACA
("Plaintiff"
or "Farm Credit"), Motion for Default Judgment and Order of Reference (the
"M.otion/Application").
2. In my position as a Branch Office Manager for Plaintiff, I am responsible for
managing all aspects of default related services in connection with residential and commercial
mortgages.
3. I am personally familiar with the record-keeping practices and procedures of Farm
Credit.
FILED: GENESEE COUNTY CLERK 03/30/2023 01:54 PM INDEX NO. E69938
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/30/2023
4. In the regular course of my job functions, I am familiar with business records
maintained by Farm Credit in connection with the servicing of mortgage loans, and I have personal
knowledge concerning the preparation, maintenance and retrieval of business records maintained
in Farm Credit's record keeping systems. These records (which include data compilations,
electronically imaged documents, and others) are: (a) made at or near the time of the occurrence
of the matters set forth by, or from information provided by, persons with knowledge of the activity
and transactions reflected in such records; and (b) kept as a regular practice and in the ordinary
course of business conducted by Farm Credit. It is the regular practice of Farm Credit to make
such records. In connection with making this Affidavit, I have reviewed and relied on Farm
Credit's business records concerning the Loan to Defendants David A. Ficarella, Trustee of the
David A. Ficarella Living Trust dated November 28, 2005, David A. Ficarella, and Kate Ficarella
("Defendants").
5. I have reviewed the Sum.mons and Complaint dated June 9, 2022, and hereby verify
the truth of the allegations contained therein; that the same is true to deponent's own knowledge,
except as to the matter therein stated to be alleged upon information and belief and as to those
matters deponent believes it to be true.
6. The mortgage which is the subject of this foreclosure action is not a "high cost
loan" "
home loan", "subprime home or "non-traditional home loan as defined by Section 1304
of Real Property Actions and Proceedings Law and Section 6-1 and 6-m of the Banking Law.
7. Upon information and belief, the entire sum of $170,250.80, plus fees and costs, is
now due and owing to the Plaintiff under the Notes and Mortgage.
8. That no payment or payments in reduction of or on account of said principal sum,
interest, late charges, taxes, insurance, or property preservation advanced and paid to Plaintiff since
2
FILED: GENESEE COUNTY CLERK 03/30/2023 01:54 PM INDEX NO. E69938
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/30/2023
the commencement of this action; that no payment has been received on the Mortgage since the
payment of the installment of principal and interest set-forth below; that the amounts shown to be
due as set forth below are justly due and owing under the terms and conditions of the Notes and
Mortgage aforesaid.
Unpaid principal of note and mortgage $131,199.04
Interest through 01/30/2023 at the rate of 13.25% per $ 39,051.76
annum
Total owing as of January 30, 2023 $120,250.3D
9. The Defendants defaulted by failing to pay the installment of principal and interest
due for April 1, 2019, and interest is due from December 1, 2019.
10. The premises consists of a single family dwelling, and cannot be sold in parcels.
The interests of all the parties would be bes't served by a sale of the mortgaged premises in one
parcel.
Farm Credit East, ACA
Patrick Coates
Branch Office Manager
STATE OF NEW YORK )
COUNTY OF STEUBEN ) ss.:
On the day of March, in the year 2023, before me, the undersigned, personally
appeared, Patrick Coates, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged
to me that she executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public
Notary rue c sm sà Aw York
Na. 01FA5ÆS4
Qualiñad in Al:egen' CCumty .
Commiss;On Expires Sepidmber 22,bEf
3
Preview
FILED: GENESEE COUNTY CLERK 03/30/2023 01:54 PM INDEX NO. E69938 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/30/2023 "K" EXHIBIT FILED: GENESEE COUNTY CLERK 03/30/2023 01:54 PM INDEX NO. E69938 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/30/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF GENESEE ._____________. ..............................____..........__......................................._.. Fann Credit East, ACA Index No. E69938 Plaintiff PLAINTIFF'S AFFIDAVIT OF v. MERIT & AMOUNT DUE David A. Ficarella, Trustee of the David A. Ficarella Living Trust dated November 28, 2005 David A. Ficarella Kate Ficarella Capital One Bank (USA), NA First National Bank of Omaha- A of First Subsidiary National Bank of Nebraska, Inc. and "John Doe", said name being fictitious and intended to include any and all parties having an interest in the mortgaged premises and not otherwise identified above Defendants. __.-_._........................................__......___....._............__........_..._............__......................................._. STATE OF NEW YORK ) COUNTY OF STEUBEN ) ss.: Patrick Coates, being duly sworn, deposes and says: 1. I make this Affidavit in further support of Plaintiff, Farm Credit East, ACA ("Plaintiff" or "Farm Credit"), Motion for Default Judgment and Order of Reference (the "M.otion/Application"). 2. In my position as a Branch Office Manager for Plaintiff, I am responsible for managing all aspects of default related services in connection with residential and commercial mortgages. 3. I am personally familiar with the record-keeping practices and procedures of Farm Credit. FILED: GENESEE COUNTY CLERK 03/30/2023 01:54 PM INDEX NO. E69938 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/30/2023 4. In the regular course of my job functions, I am familiar with business records maintained by Farm Credit in connection with the servicing of mortgage loans, and I have personal knowledge concerning the preparation, maintenance and retrieval of business records maintained in Farm Credit's record keeping systems. These records (which include data compilations, electronically imaged documents, and others) are: (a) made at or near the time of the occurrence of the matters set forth by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records; and (b) kept as a regular practice and in the ordinary course of business conducted by Farm Credit. It is the regular practice of Farm Credit to make such records. In connection with making this Affidavit, I have reviewed and relied on Farm Credit's business records concerning the Loan to Defendants David A. Ficarella, Trustee of the David A. Ficarella Living Trust dated November 28, 2005, David A. Ficarella, and Kate Ficarella ("Defendants"). 5. I have reviewed the Sum.mons and Complaint dated June 9, 2022, and hereby verify the truth of the allegations contained therein; that the same is true to deponent's own knowledge, except as to the matter therein stated to be alleged upon information and belief and as to those matters deponent believes it to be true. 6. The mortgage which is the subject of this foreclosure action is not a "high cost loan" " home loan", "subprime home or "non-traditional home loan as defined by Section 1304 of Real Property Actions and Proceedings Law and Section 6-1 and 6-m of the Banking Law. 7. Upon information and belief, the entire sum of $170,250.80, plus fees and costs, is now due and owing to the Plaintiff under the Notes and Mortgage. 8. That no payment or payments in reduction of or on account of said principal sum, interest, late charges, taxes, insurance, or property preservation advanced and paid to Plaintiff since 2 FILED: GENESEE COUNTY CLERK 03/30/2023 01:54 PM INDEX NO. E69938 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/30/2023 the commencement of this action; that no payment has been received on the Mortgage since the payment of the installment of principal and interest set-forth below; that the amounts shown to be due as set forth below are justly due and owing under the terms and conditions of the Notes and Mortgage aforesaid. Unpaid principal of note and mortgage $131,199.04 Interest through 01/30/2023 at the rate of 13.25% per $ 39,051.76 annum Total owing as of January 30, 2023 $120,250.3D 9. The Defendants defaulted by failing to pay the installment of principal and interest due for April 1, 2019, and interest is due from December 1, 2019. 10. The premises consists of a single family dwelling, and cannot be sold in parcels. The interests of all the parties would be bes't served by a sale of the mortgaged premises in one parcel. Farm Credit East, ACA Patrick Coates Branch Office Manager STATE OF NEW YORK ) COUNTY OF STEUBEN ) ss.: On the day of March, in the year 2023, before me, the undersigned, personally appeared, Patrick Coates, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Notary rue c sm sà Aw York Na. 01FA5ÆS4 Qualiñad in Al:egen' CCumty . Commiss;On Expires Sepidmber 22,bEf 3