Preview
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021
Exhibit L
Affidavit of Merit and Amount Due
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
THE BANK OF NEW YORK MELLON FKA AFFIDAVIT OF MERIT AND
THE BANK OF NEW YORK, AS TRUSTEE AMOUNTS DUE
FOR THE CERTIFICATEHOLDERS OF
CWALT, INC., ALTERNATIVE LOAN
TRUST MORTGAGE PASS-
2004-30CB,
THROUGH SERIES 2004-
CERTIFICATES,
30CB
Plaintiff
vs
INDEX #: SU-2017-004634
DUANE D. KINNON, ET AL.,
MORTGAGED PREMISES:
4243 SANDBAR LANE
Defendant(s) LIVERPOOL, NY 13090
- 2 - 13.2
__
SBL #: 58.1
___... ----------X
STATE OF )
COUNTY OF Montgo >ss
ery
Brian Nwabara
, being duly sworn, depose and say as follows:
Document Coordinator
1. I am the of Bayview Loan Servicing, LLC, as Attorney-in-Fact for
The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders
of CWALT, Inc., Alternative Loan Trust 2004-30CB, Mortgage Pass-Through Certificates,
Series 2004-30CB, the Plaintiff herein, and as such, am fully familiar with the facts and
circumstances hereinafter set forth based upon a review and examination of the books and
records maintained by Plaintiff in the regular course of business. It is Plaintiff's regular course of
business to keep and maintain such records.
2. This affidavit is submitted in support of Plaintiff's current pleading and additional
requested relief as set forth herein.
3. The above-entitled action is brought to foreclose a mortgage held by the Plaintiff on
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021
premises commonly known as 4243 Sandbar Lane, Liverpool, NY 13090.
4. On or about November 12, 2004, Defendants Duane D. Kinnon executed and delivered a
Note to Commonfund Mortgage Corp, for $141,600.00, with interest on the unpaid balance due
therefor to be computed at 5.875% percent annum or sub other rate as provided for in said Note.
A copy of the Note is attached hereto.
5. The plaintiff (or the plaintiff's agent on behalf of the plaintiff) has possession of the
original note that is the subject matter of this cause of action and therefore has an enforceable
interest that allows the plaintiff (or the plaintiff's agent on behalf of the plaintiff) the right to
foreclose.
6. The Note provided for repayment in monthly installments commencing January 01, 2005
and continuing thereafter on the same date of each subsequent month until the Note was paid,
along with pro-rated monthly escrow payments as more fully provided therein. Final payment, if
not sooner paid, was due on December 01, 2034.
7. As collateral security for the payment of such indebtedness, Defendant also executed and
delivered to Commonfund Mortgage Corp a Mortgage dated November 12, 2004 and recorded in
the County of Onondaga on November 12, 2004 in Book 14201, Page 897 in the Office of the
Onondaga County Clerk. The aforesaid instruments were assigned to The Bank of New York
Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc.,
Alternative Loan Trust 2004-30CB, Mortgage Pass-Through Certificates, Series 2004-30CB, by
instrument dated March 3, 2014 and recorded on March 10, 2014 in Book 17442, Page 939 in
the Office of the Onondaga County Clerk.
8. Copies of the Mortgage and applicable assignments, if any, are attached hereto.
9. Defendants breached said obligation by failing to tender the installment which became
due and payable on May 01, 2016 and by failing to tender subsequent installments. The
outstand ing payments were duly demanded by mailing a demand letter to the Defendants on May
22, 2017, as required by the aforesaid instruments. Said demand letter was in full compliance
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021
with the terms of the aforesaid instruments in form and the time prescribed to cure the default
has expired. By reason of the aforesaid default, Plaintiff elected to accelerate the mortgage debt
and declared all sums secured thereby due and payable. A copy of the demand letter is attached
hereto.
10. There is presently due and owing to Plaintiff the sum of:
Unpaid Principal Balance $108,272.85
Interest $12,714.89
from April 1, 2016 to March 30, 2018 @ 5.875%
Pre-acceleration Late Charges $184.25
Hazard Insurance Disbursements $1,089.00
Tax Disbursements $12,830.59
PMI/MIP $0.00
Property Inspections/Preservation $498.65
BPO $0.00
NSF $20.00
Escrow Balance Credit $0.00
Credits to Borrower ($431.25)
Total $135,178.98
11. Where applicable, this loan has been reviewed for possible loan modification pursuant to
federal legislation.
12. Plaintiff has sent the required 90 day Notice of Intent to Foreclose by registered, certified
mail and by first class mail by depositing same in an official depository under the exclusive
control of the United States Postal Service.
13. I have reviewed the description of the property, and have determined that the mortgaged
premises consist of a single parcel with a Residential building, and in accordance with the
mortgage should be sold as one parcel.
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021
14. I have read the foregoing complaint and know the contents thereof; the same is true to my
knowledge except as to those matters alleged upon information and belief and as to those matters
I believe it said to be true.
WHEREFORE, it is respectfully requested that the relief set forth in the motion be
granted in its entirety, together with such other and further relief his court may deem just
and proper.
A lant's ame:
flan Nwabara
Affiant's Title:
Document Coordinator
Sworn to before me this day
64IWA40NWEALTH OF PENNSYLVANIA
Of Ñb , 2018.
NOTARIALSEAL
Public
Lynds Suehler. Notary
Upper DublinTwp.. Montgomery County
CommissIon Expires Dec. 27. 2020
My
BBKPENN$YLVANIAASSOCIATIONOFNOTARIES
ota Public Lynda BueNer
UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT
(Outside of New York State)
STATE OF Pennsylvania 3
COUNTY OF )ss:
Montgomery
On the of in the year 20\ before the
day me, undersigned,
persona y appeared n W wahra , personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose names is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), that by his/her/their signature(s) on the instrument, 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 the HD(5 M feans F\ (Insert the city
or political subdivision and the state or country or other place the acknowledgment was taken).
ture a ffice of individual taking acknowledgment)
GPS mimber: 17.0 n4' COMMONWEALTH OF PENNSYLVANIA
Lynda Buehler NOTARIAL SEAL
Lynda Buehler, Notary Public
Upper Dublin Twp.,
Montgomery County
My Commission Expires Dec.27.2020
MEMBER,PE.NNSYLVAMAASSOCIATIONOFNÔTARIES
Preview
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021 Exhibit L Affidavit of Merit and Amount Due FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA THE BANK OF NEW YORK MELLON FKA AFFIDAVIT OF MERIT AND THE BANK OF NEW YORK, AS TRUSTEE AMOUNTS DUE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST MORTGAGE PASS- 2004-30CB, THROUGH SERIES 2004- CERTIFICATES, 30CB Plaintiff vs INDEX #: SU-2017-004634 DUANE D. KINNON, ET AL., MORTGAGED PREMISES: 4243 SANDBAR LANE Defendant(s) LIVERPOOL, NY 13090 - 2 - 13.2 __ SBL #: 58.1 ___... ----------X STATE OF ) COUNTY OF Montgo >ss ery Brian Nwabara , being duly sworn, depose and say as follows: Document Coordinator 1. I am the of Bayview Loan Servicing, LLC, as Attorney-in-Fact for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2004-30CB, Mortgage Pass-Through Certificates, Series 2004-30CB, the Plaintiff herein, and as such, am fully familiar with the facts and circumstances hereinafter set forth based upon a review and examination of the books and records maintained by Plaintiff in the regular course of business. It is Plaintiff's regular course of business to keep and maintain such records. 2. This affidavit is submitted in support of Plaintiff's current pleading and additional requested relief as set forth herein. 3. The above-entitled action is brought to foreclose a mortgage held by the Plaintiff on FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021 premises commonly known as 4243 Sandbar Lane, Liverpool, NY 13090. 4. On or about November 12, 2004, Defendants Duane D. Kinnon executed and delivered a Note to Commonfund Mortgage Corp, for $141,600.00, with interest on the unpaid balance due therefor to be computed at 5.875% percent annum or sub other rate as provided for in said Note. A copy of the Note is attached hereto. 5. The plaintiff (or the plaintiff's agent on behalf of the plaintiff) has possession of the original note that is the subject matter of this cause of action and therefore has an enforceable interest that allows the plaintiff (or the plaintiff's agent on behalf of the plaintiff) the right to foreclose. 6. The Note provided for repayment in monthly installments commencing January 01, 2005 and continuing thereafter on the same date of each subsequent month until the Note was paid, along with pro-rated monthly escrow payments as more fully provided therein. Final payment, if not sooner paid, was due on December 01, 2034. 7. As collateral security for the payment of such indebtedness, Defendant also executed and delivered to Commonfund Mortgage Corp a Mortgage dated November 12, 2004 and recorded in the County of Onondaga on November 12, 2004 in Book 14201, Page 897 in the Office of the Onondaga County Clerk. The aforesaid instruments were assigned to The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2004-30CB, Mortgage Pass-Through Certificates, Series 2004-30CB, by instrument dated March 3, 2014 and recorded on March 10, 2014 in Book 17442, Page 939 in the Office of the Onondaga County Clerk. 8. Copies of the Mortgage and applicable assignments, if any, are attached hereto. 9. Defendants breached said obligation by failing to tender the installment which became due and payable on May 01, 2016 and by failing to tender subsequent installments. The outstand ing payments were duly demanded by mailing a demand letter to the Defendants on May 22, 2017, as required by the aforesaid instruments. Said demand letter was in full compliance FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021 with the terms of the aforesaid instruments in form and the time prescribed to cure the default has expired. By reason of the aforesaid default, Plaintiff elected to accelerate the mortgage debt and declared all sums secured thereby due and payable. A copy of the demand letter is attached hereto. 10. There is presently due and owing to Plaintiff the sum of: Unpaid Principal Balance $108,272.85 Interest $12,714.89 from April 1, 2016 to March 30, 2018 @ 5.875% Pre-acceleration Late Charges $184.25 Hazard Insurance Disbursements $1,089.00 Tax Disbursements $12,830.59 PMI/MIP $0.00 Property Inspections/Preservation $498.65 BPO $0.00 NSF $20.00 Escrow Balance Credit $0.00 Credits to Borrower ($431.25) Total $135,178.98 11. Where applicable, this loan has been reviewed for possible loan modification pursuant to federal legislation. 12. Plaintiff has sent the required 90 day Notice of Intent to Foreclose by registered, certified mail and by first class mail by depositing same in an official depository under the exclusive control of the United States Postal Service. 13. I have reviewed the description of the property, and have determined that the mortgaged premises consist of a single parcel with a Residential building, and in accordance with the mortgage should be sold as one parcel. FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/04/2021 14. I have read the foregoing complaint and know the contents thereof; the same is true to my knowledge except as to those matters alleged upon information and belief and as to those matters I believe it said to be true. WHEREFORE, it is respectfully requested that the relief set forth in the motion be granted in its entirety, together with such other and further relief his court may deem just and proper. A lant's ame: flan Nwabara Affiant's Title: Document Coordinator Sworn to before me this day 64IWA40NWEALTH OF PENNSYLVANIA Of Ñb , 2018. NOTARIALSEAL Public Lynds Suehler. Notary Upper DublinTwp.. Montgomery County CommissIon Expires Dec. 27. 2020 My BBKPENN$YLVANIAASSOCIATIONOFNOTARIES ota Public Lynda BueNer UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT (Outside of New York State) STATE OF Pennsylvania 3 COUNTY OF )ss: Montgomery On the of in the year 20\ before the day me, undersigned, persona y appeared n W wahra , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, 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 the HD(5 M feans F\ (Insert the city or political subdivision and the state or country or other place the acknowledgment was taken). ture a ffice of individual taking acknowledgment) GPS mimber: 17.0 n4' COMMONWEALTH OF PENNSYLVANIA Lynda Buehler NOTARIAL SEAL Lynda Buehler, Notary Public Upper Dublin Twp., Montgomery County My Commission Expires Dec.27.2020 MEMBER,PE.NNSYLVAMAASSOCIATIONOFNÔTARIES