Preview
FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF NASSAU
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DEUTSCHE BANK NATIONAL TRUST INDEX NO.:
COMPANY, AS TRUSTEE FOR SOUNDVIEW DATE FILED:
HOME LOAN TRUST 2006-OPT5, ASSET-
BACKED CERTIFICATES, SERIES 2006-OPT5, SUMMONS
Plaintiff, Plaintiff designates Nassau County as the
Place of Trial
-against-
Designation of Venue is based upon
CYNTHIA ORMSBY A/K/A CYNTHIA V. the situs of the Subject Property
ORMSBY;
CAPITAL ONE BANK (USA) NA; Subject Property:
MIDLAND FUNDING OF DELAWARE LLC; 600 Hill Street
MIDLAND FUNDING LLC; Uniondale, New York 11553
WORLD WIDE SECURITY SYSTEMS;
FIA CARD SERVICES NA;
“JOHN DOE #1” through “JOHN DOE #12,” the
last twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
Subject Property described in the Complaint,
Defendants.
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TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
Summons is not personally delivered to you within the State of New York) in the event the
United States of America is made a party defendant, the time to answer for the said United States
of America shall not expire until sixty (60) days after service of the Summons; and in case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the Complaint.
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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 the 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 the mortgage company will not stop the foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-OPT5,
ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5) AND FILING THE ANSWER
WITH THE COURT.
McCABE, WEISBERG & CONWAY, LLC
Dated: August 17, 2023 By:
Melville, NY MELISSA S. DICERBO, ESQ.
Attorneys for Plaintiff
One Huntington Quadrangle, Suite 4N25
Melville, NY 11747
(631) 812-4084
(855) 845-2584 facsimile
File # 23-300928
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TO:
Cynthia Ormsby a/k/a Cynthia V. Ormsby
600 Hill Street
Uniondale, New York 11553
Capital One Bank (USA) NA
4851 Cox Road
Glen Allen, Virginia 23060
Midland Funding of Delaware LLC
Secretary of State
Midland Funding of Delaware LLC
8875 Aero Drive
San Diego, California 92123
Midland Funding LLC
Secretary of State
Midland Funding LLC
8875 Aero Drive
San Diego, California 92123
World Wide Security Systems
One Commercial Avenue
Garden City, New York 11530
FIA Card Services NA
655 Papermill Road
Newark, New Jersey 19711
"JOHN DOE NO. 1" through "JOHN DOE NO. 12"
600 Hill Street
Uniondale, New York 11553
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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DEUTSCHE BANK NATIONAL TRUST INDEX NO.:
COMPANY, AS TRUSTEE FOR SOUNDVIEW DATE FILED:
HOME LOAN TRUST 2006-OPT5, ASSET-
BACKED CERTIFICATES, SERIES 2006-OPT5, COMPLAINT
Plaintiff,
-against-
CYNTHIA ORMSBY A/K/A CYNTHIA V.
ORMSBY;
CAPITAL ONE BANK (USA) NA;
MIDLAND FUNDING OF DELAWARE LLC;
MIDLAND FUNDING LLC;
WORLD WIDE SECURITY SYSTEMS;
FIA CARD SERVICES NA;
“JOHN DOE #1” through “JOHN DOE #12,” the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
Subject Property described in the Complaint,
Defendants.
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The Complaint of the above-referenced Plaintiff, by its attorneys, McCabe, Weisberg &
Conway, LLC, complains and alleges upon information and belief as follows:
NATURE OF THIS ACTION
1. This action is brought and pursuant to Article 13 of the Real Property and
Proceedings Law for foreclosure of the mortgage dated March 22, 2006 and recorded on June 15,
2006, at Liber M30615 Page 577 in the Public Records of the County of Nassau, State of New
York (hereinafter referred to as the “Subject Mortgage”). The Mortgage Tax was duly paid.
2. The premises which forms the subject of this action is fully described in Schedule
“A” attached hereto.
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PARTIES
3. At all times hereinafter mentioned, Plaintiff was and remains, organized and
existing under the laws of the United States of America or of the State of its formation.
4. Upon information and belief, Defendant(s) Cynthia Ormsby, at all relevant times,
maintain a residence within the State of New York and are the mortgagors pursuant to the
Subject Mortgage. The description and interest of the above-referenced Defendant(s) is more
fully set forth in Exhibit “B”, respectively. See RPAPL §§§ 1311, 1312, and 1313.
5. Upon information and belief, the remaining Defendant(s), if any and not further
set forth hereinbelow, as identified in Schedule “C”, are named solely for the reasons set forth in
Schedule “C”. See RPAPL §§§ 1311, 1312, and 1313.
6. Defendants “JOHN DOE #1” through “JOHN DOE #12” are additional persons
or parties intended being the tenants, occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313.
RELEVANT FACTS
7. On or about March 22, 2006, Cynthia Ormsby, duly executed, acknowledged, and
delivered a note (hereinafter referred to as the “Subject Note”) wherein and whereby Cynthia
Ormsby promised to repay the sum of $414,000.00 in monthly payments interest, taxes,
assessments, leasehold payments or ground rents (if any), together with hazard and mortgage
insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is a copy of the Subject
Note.
8. Plaintiff is the owner and holder of the subject mortgage and note or has been
delegated the authority to institute a mortgage foreclosure action by the owner and holder of the
subject mortgage and note.
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9. Plaintiff, directly or through an agent maintains physical possession of the
original Note, which Note is secured by the below Subject Mortgage. The Subject Note is made
either payable to Plaintiff or is duly indorsed in blank and was delivered to Plaintiff and/or such
party having delegated authority to Plaintiff, prior to the commencement of the instant action.
10. On or about March 22, 2006, as collateral and to secure the repayment of the sum
represented by the Subject Note, Cynthia Ormsby, duly executed, acknowledged and delivered
the Subject Mortgage which was recorded in the Office of the County Clerk of Nassau County
on June 15, 2006 in Liber M30615 Page 577.
11. The Subject Mortgage secures the real property commonly known as 600 Hill
Street, Uniondale, New York 11553 and designated as Section 36 Block 154 Lot 630-633,
together with all fixtures, appurtenances, and articles of personal property annexed thereto,
installed therein, or used in connection with the in addition to all right, title, and interest of the
Defendants in and to the land lying in the streets and roads in front of adjoining said Subject
Property. Annexed hereto as Schedule “A” is a copy of the legal description.
12. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of
Mortgage, thereby memorializing delivery of the Subject Mortgage as referenced hereinabove.
13. Said loan was modified by Loan Modification Agreement dated or effective
January 1, 2011, creating a new mortgage amount of $483,235.63.
14. Said loan was modified by Loan Modification Agreement dated or effective
January 6, 2014, creating a new mortgage amount of $271,700.00.
15. Said loan was modified by Loan Modification Agreement dated or effective
September 19, 2014, creating a new mortgage amount of $278,736.36 and a balloon payment in
the amount of $117,059.19.
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16. Said loan was modified by Loan Modification Agreement dated or effective
January 1, 2016, creating a new mortgage amount of $294,970.61 and a balloon payment in the
amount of $210,082.29.
17. Said loan was modified by Loan Modification Agreement dated or effective
October 18, 2016, creating a new mortgage amount of $310,755.44.
18. Said loan was modified by Loan Modification Agreement dated or effective
November 9, 2017, creating a new mortgage amount of $320,237.16 and a balloon payment in
the amount of $201,954.74.
19. Said loan was modified by Loan Modification Agreement dated or effective April
26, 2019, creating a new mortgage amount of $334,416.96 and a balloon payment in the amount
of $222,954.57.
20. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or
having been delegated the requisite authority to commence a mortgage foreclosure action by the
owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges
upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
21. That Plaintiff repeats and realleges each and every allegation contained in
paragraphs “1” through paragraphs “20” above with the same force and effect as if set forth at
length herein.
22. That Cynthia Ormsby defaulted on their obligation having failed to comply with
the conditions of the Subject Note by withholding the payment amount that became due on May
1, 2022, and plaintiff is entitled to enforce its security interest against Cynthia Ormsby pursuant
to the terms of the Subject Mortgage. As of August 17, 2023, said default has not been cured.
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There is now an unpaid principal balance of $314,738.15 and deferred balance of $44,124.68,
plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with
hazard and mortgage insurance, if applicable, due and owing to Plaintiff.
23. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to
the extent required by the underlying loan documents, however, Defendant(s) continued default
remains uncured.
24. That Plaintiff has complied with those provisions of Real Property and
Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require.
25. That by reason of the aforementioned default(s), Plaintiff hereby declares the
balance of the principal indebtedness to be immediately due and owing.
26. That based upon the foregoing, there is now due and owing from the Borrower to
the Plaintiff, the principal sum of $358,862.83 plus interest thereon from April 1, 2022, in
addition to those accumulated late charges and those recoverable monies advanced by Plaintiff
and/or Plaintiff’s predecessor-in-interest on behalf of Cynthia Ormsby together with all costs,
including but not limited to, attorneys’ fees, disbursements, and further allowances provided
pursuant to the underlying loan documents and applicable law in bringing any action to protect
the Mortgagee’s interest in the Subject Property.
27. That Plaintiff shall not be deemed to have waived, altered, released or changed
the election hereinbefore made by reason of the payment after the date of the commencement of
this action, of any or all of the defaults mentioned herein; and such election shall continue and
remain effective until the costs and disbursements of this action, and any and all future defaults
under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are
fully paid.
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28. That to protect its security afforded by the Subject Note and Mortgage, it may be
necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which
are, or may become liens on the Subject Property, and any other charges for the protection of the
Subject Property, and Plaintiff hereby demands that any amounts which may be so expended
shall be added to the amount of the principal sum secured by said note and mortgage, together
with interest from the time of any such payment, and that the same be paid to the Plaintiff from
the proceeds of the foreclosure sale herein.
29. That Plaintiff further alleges that all Defendant(s), including those not specifically
identified as executors of the underlying loan documents, have or may claim to have, some
interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any,
is subject and subordinate to the lien of the mortgage being foreclosed herein.
30. That the sale of the Subject Property and title thereto are subject to the state of
facts an accurate survey will show; all covenants, restrictions, easements, agreements and
reservations, if any, of record, and to any and all violations thereof; any and all building and
zoning regulations, restrictions and ordinances of the municipality in which said premises are
situated, and to any violations of the same, including, but not limited to, reapportionment of lot
lines, and vault charges, if any; any and all orders or requirements issued by any governmental
body having jurisdiction against or affecting said premises and any violation of the same; the
physical condition of any building or structure on the premises as of the date of closing
hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of any
defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials
in the premises including, but not limited to, flammable explosives, radioactive materials,
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hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other
conditions as set forth in the terms of sale more particularly to be announced at the sale.
31. That Plaintiff has complied with all of the provisions of section five hundred
ninety-five-a of the banking law and any rules and regulations promulgated thereunder,
section six-l or six-m of the banking law, for loans governed by those provisions, and sections
thirteen hundred four and thirteen hundred six of RPAPL Article 13.
32. That a prior action under index number 6869/2016 has been commenced at law or
otherwise for recovery of the sum or any part thereof secured by the mortgage instrument(s)
referenced herein (“Prior Action”). Said Prior Action has been discontinued.
WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of
Plaintiff and as against Defendants as follows:
I. On its First Cause of Action:
a) The Defendants and each of them, and all persons claiming under them, or any of
them subsequent to the commencement of this action and the filing of the Notice
of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien
and equity of redemption in the Subject Property;
b) Said Subject Property be sold subject to the state of facts an accurate survey will
show; all covenants, restrictions, easements, agreements and reservations, if any,
of record, and to any and all violations thereof; any and all building and zoning
regulations, restrictions and ordinances of the municipality in which said premises
are situated, and to any violations of the same, including, but not limited to,
reapportionment of lot lines, and vault charges, if any; any and all orders or
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requirements issued by any governmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of
any building or structure on the premises as of the date of closing hereunder;
rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of
any defendants pursuant to CPLR § 317, CPLR § 2003 and CPLR § 5015, if any;
any and all Hazardous Materials in the premises including, but not limited to,
flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set
forth in the terms of sale more particularly to be announced at the sale.
c) Said Subject Property may be decreed to be sold in one parcel according to law
subject to the various items set forth in allegations of the complaint herein;
d) The monies arising from the sale may be brought into court;
e) Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums
expended by plaintiff prior to and during the pendency of this action, and for
thirty days after any sale demanded herein for taxes, water rates, sewer rents,
assessments, insurance premiums and other necessary and essential charges or
expenses in connection therewith to protect the mortgage lien, plus any sums
expended for the protection or preservation of the property covered by said
mortgage and note, and the amount secured thereby, with interest thereon from
the time of such payment and the costs and expenses of this action including
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reasonable attorneys’ fees so far as the amount of such monies properly applicable
thereto will pay the same;
f) Awarding the relief requested in the additional causes of action stated in the
complaint, if any;
g) Plaintiff shall have such other and further relief or both, in the Subject Property as
shall be just and equitable.
McCABE, WEISBERG & CONWAY, LLC
Dated: August 17, 2023 By:
Melville, NY MELISSA S. DICERBO, ESQ.
Attorneys for Plaintiff
One Huntington Quadrangle, Suite 4N25
Melville, NY 11747
(631) 812-4084
(855) 845-2584 facsimile
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SCHEDULE A
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INDEX NO.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW
HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-
OPT5,
PLAINTIFF,
-AGAINST-
CYNTHIA ORMSBY A/K/A CYNTHIA V. ORMSBY;
CAPITAL ONE BANK (USA) NA;
MIDLAND FUNDING OF DELAWARE LLC;
MIDLAND FUNDING LLC;
WORLD WIDE SECURITY SYSTEMS;
FIA CARD SERVICES NA;
“JOHN DOE #1” through “JOHN DOE #12,” the last twelve names being
fictitious and unknown to plaintiff, the persons or parties intended being
the tenants, occupants, persons or corporations, if any, having or claiming
an interest in or lien upon the Subject Property described in the Complaint,
DEFENDANTS.
SUMMONS & COMPLAINT
McCABE, WEISBERG & CONWAY, LLC
Attorneys for PLAINTIFF
One Huntington Quadrangle, Suite 4N25
Melville, NY 11747
(631) 812-4084
(855) 845-2584 facsimile
==========================================
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NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE
New York State Law requires that we provide you this
notice about the foreclosure process
WE, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES,
SERIES 2006-OPT5, ARE THE FORECLOSING PARTY AND ARE LOCATED AT C/O
PHH MORTGAGE CORPORATION, 1661 WORTHINGTON ROAD, SUITE 100, WEST
PALM BEACH, FLORIDA 33409. WE CAN BE REACHED AT (800) 746-2936.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the
lease requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be entitled
to remain in occupancy for the remainder of your lease term. If you do not have
a lease, you will be entitled to remain in your home until ninety days after any
person or entity who acquires title to the property provides you with a notice as
required by section 1305 of the Real Property Actions and Proceedings Law. The
notice shall provide information regarding the name and address of the new
owner and your rights to remain in your home. These rights are in addition to
any others you may have if you are a subsidized tenant under federal, state or
local law or if you are a tenant subject to rent control, rent stabilization or a
federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE
PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND
LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING
FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-
CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF
PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE.
EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT
ORDER AND AFTER A FULL HEARING IN COURT.
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If you need further information, please call the New York State Department of
Financial Services’ toll-free helpline at 1-800-269-0990 or visit the Department's
website at http://www.dfs.ny.gov.
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FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF NASSAU ----------------------------------------------------------------X DEUTSCHE BANK NATIONAL TRUST INDEX NO.: COMPANY, AS TRUSTEE FOR SOUNDVIEW DATE FILED: HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5, SUMMONS Plaintiff, Plaintiff designates Nassau County as the Place of Trial -against- Designation of Venue is based upon CYNTHIA ORMSBY A/K/A CYNTHIA V. the situs of the Subject Property ORMSBY; CAPITAL ONE BANK (USA) NA; Subject Property: MIDLAND FUNDING OF DELAWARE LLC; 600 Hill Street MIDLAND FUNDING LLC; Uniondale, New York 11553 WORLD WIDE SECURITY SYSTEMS; FIA CARD SERVICES NA; “JOHN DOE #1” through “JOHN DOE #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. ----------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 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 the 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 the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5) AND FILING THE ANSWER WITH THE COURT. McCABE, WEISBERG & CONWAY, LLC Dated: August 17, 2023 By: Melville, NY MELISSA S. DICERBO, ESQ. Attorneys for Plaintiff One Huntington Quadrangle, Suite 4N25 Melville, NY 11747 (631) 812-4084 (855) 845-2584 facsimile File # 23-300928 2 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 TO: Cynthia Ormsby a/k/a Cynthia V. Ormsby 600 Hill Street Uniondale, New York 11553 Capital One Bank (USA) NA 4851 Cox Road Glen Allen, Virginia 23060 Midland Funding of Delaware LLC Secretary of State Midland Funding of Delaware LLC 8875 Aero Drive San Diego, California 92123 Midland Funding LLC Secretary of State Midland Funding LLC 8875 Aero Drive San Diego, California 92123 World Wide Security Systems One Commercial Avenue Garden City, New York 11530 FIA Card Services NA 655 Papermill Road Newark, New Jersey 19711 "JOHN DOE NO. 1" through "JOHN DOE NO. 12" 600 Hill Street Uniondale, New York 11553 3 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------X DEUTSCHE BANK NATIONAL TRUST INDEX NO.: COMPANY, AS TRUSTEE FOR SOUNDVIEW DATE FILED: HOME LOAN TRUST 2006-OPT5, ASSET- BACKED CERTIFICATES, SERIES 2006-OPT5, COMPLAINT Plaintiff, -against- CYNTHIA ORMSBY A/K/A CYNTHIA V. ORMSBY; CAPITAL ONE BANK (USA) NA; MIDLAND FUNDING OF DELAWARE LLC; MIDLAND FUNDING LLC; WORLD WIDE SECURITY SYSTEMS; FIA CARD SERVICES NA; “JOHN DOE #1” through “JOHN DOE #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. ----------------------------------------------------------------X The Complaint of the above-referenced Plaintiff, by its attorneys, McCabe, Weisberg & Conway, LLC, complains and alleges upon information and belief as follows: NATURE OF THIS ACTION 1. This action is brought and pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the mortgage dated March 22, 2006 and recorded on June 15, 2006, at Liber M30615 Page 577 in the Public Records of the County of Nassau, State of New York (hereinafter referred to as the “Subject Mortgage”). The Mortgage Tax was duly paid. 2. The premises which forms the subject of this action is fully described in Schedule “A” attached hereto. 4 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4. Upon information and belief, Defendant(s) Cynthia Ormsby, at all relevant times, maintain a residence within the State of New York and are the mortgagors pursuant to the Subject Mortgage. The description and interest of the above-referenced Defendant(s) is more fully set forth in Exhibit “B”, respectively. See RPAPL §§§ 1311, 1312, and 1313. 5. Upon information and belief, the remaining Defendant(s), if any and not further set forth hereinbelow, as identified in Schedule “C”, are named solely for the reasons set forth in Schedule “C”. See RPAPL §§§ 1311, 1312, and 1313. 6. Defendants “JOHN DOE #1” through “JOHN DOE #12” are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313. RELEVANT FACTS 7. On or about March 22, 2006, Cynthia Ormsby, duly executed, acknowledged, and delivered a note (hereinafter referred to as the “Subject Note”) wherein and whereby Cynthia Ormsby promised to repay the sum of $414,000.00 in monthly payments interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is a copy of the Subject Note. 8. Plaintiff is the owner and holder of the subject mortgage and note or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. 5 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 9. Plaintiff, directly or through an agent maintains physical possession of the original Note, which Note is secured by the below Subject Mortgage. The Subject Note is made either payable to Plaintiff or is duly indorsed in blank and was delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 10. On or about March 22, 2006, as collateral and to secure the repayment of the sum represented by the Subject Note, Cynthia Ormsby, duly executed, acknowledged and delivered the Subject Mortgage which was recorded in the Office of the County Clerk of Nassau County on June 15, 2006 in Liber M30615 Page 577. 11. The Subject Mortgage secures the real property commonly known as 600 Hill Street, Uniondale, New York 11553 and designated as Section 36 Block 154 Lot 630-633, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of adjoining said Subject Property. Annexed hereto as Schedule “A” is a copy of the legal description. 12. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of Mortgage, thereby memorializing delivery of the Subject Mortgage as referenced hereinabove. 13. Said loan was modified by Loan Modification Agreement dated or effective January 1, 2011, creating a new mortgage amount of $483,235.63. 14. Said loan was modified by Loan Modification Agreement dated or effective January 6, 2014, creating a new mortgage amount of $271,700.00. 15. Said loan was modified by Loan Modification Agreement dated or effective September 19, 2014, creating a new mortgage amount of $278,736.36 and a balloon payment in the amount of $117,059.19. 6 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 16. Said loan was modified by Loan Modification Agreement dated or effective January 1, 2016, creating a new mortgage amount of $294,970.61 and a balloon payment in the amount of $210,082.29. 17. Said loan was modified by Loan Modification Agreement dated or effective October 18, 2016, creating a new mortgage amount of $310,755.44. 18. Said loan was modified by Loan Modification Agreement dated or effective November 9, 2017, creating a new mortgage amount of $320,237.16 and a balloon payment in the amount of $201,954.74. 19. Said loan was modified by Loan Modification Agreement dated or effective April 26, 2019, creating a new mortgage amount of $334,416.96 and a balloon payment in the amount of $222,954.57. 20. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commence a mortgage foreclosure action by the owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 21. That Plaintiff repeats and realleges each and every allegation contained in paragraphs “1” through paragraphs “20” above with the same force and effect as if set forth at length herein. 22. That Cynthia Ormsby defaulted on their obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on May 1, 2022, and plaintiff is entitled to enforce its security interest against Cynthia Ormsby pursuant to the terms of the Subject Mortgage. As of August 17, 2023, said default has not been cured. 7 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 There is now an unpaid principal balance of $314,738.15 and deferred balance of $44,124.68, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff. 23. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to the extent required by the underlying loan documents, however, Defendant(s) continued default remains uncured. 24. That Plaintiff has complied with those provisions of Real Property and Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require. 25. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 26. That based upon the foregoing, there is now due and owing from the Borrower to the Plaintiff, the principal sum of $358,862.83 plus interest thereon from April 1, 2022, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff’s predecessor-in-interest on behalf of Cynthia Ormsby together with all costs, including but not limited to, attorneys’ fees, disbursements, and further allowances provided pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee’s interest in the Subject Property. 27. That Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are fully paid. 8 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 28. That to protect its security afforded by the Subject Note and Mortgage, it may be necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the Subject Property, and any other charges for the protection of the Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the Plaintiff from the proceeds of the foreclosure sale herein. 29. That Plaintiff further alleges that all Defendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 30. That the sale of the Subject Property and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, 9 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. 31. That Plaintiff has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated thereunder, section six-l or six-m of the banking law, for loans governed by those provisions, and sections thirteen hundred four and thirteen hundred six of RPAPL Article 13. 32. That a prior action under index number 6869/2016 has been commenced at law or otherwise for recovery of the sum or any part thereof secured by the mortgage instrument(s) referenced herein (“Prior Action”). Said Prior Action has been discontinued. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff and as against Defendants as follows: I. On its First Cause of Action: a) The Defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the Subject Property; b) Said Subject Property be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or 10 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR § 317, CPLR § 2003 and CPLR § 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. c) Said Subject Property may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; d) The monies arising from the sale may be brought into court; e) Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the costs and expenses of this action including 11 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 reasonable attorneys’ fees so far as the amount of such monies properly applicable thereto will pay the same; f) Awarding the relief requested in the additional causes of action stated in the complaint, if any; g) Plaintiff shall have such other and further relief or both, in the Subject Property as shall be just and equitable. McCABE, WEISBERG & CONWAY, LLC Dated: August 17, 2023 By: Melville, NY MELISSA S. DICERBO, ESQ. Attorneys for Plaintiff One Huntington Quadrangle, Suite 4N25 Melville, NY 11747 (631) 812-4084 (855) 845-2584 facsimile 12 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 SCHEDULE A 13 of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`aLLaL`364345837>9;893@>9J8A3FD34583a;489B874:>;3>@34583B>C4589=D3B:A83>@3I:==3M498843H:4534583B>C4586B489=D3B:A83>@31A6J3M49884b3 3 WcLLaL`3GIYLKY3M>C453dS3A8E988B3Q]3J:;C48B3Y6B436=>;E34583B>C4589=D3B:A83>@3I:==3M49884?3efgSR3@884b3 3 GIYLKY3M>C453Sf3A8E988B3T]3J:;C48B3h8B4?3SRR3@884b3 3 GIYLKY3L>9453dS3A8E988B3Q]3J:;C48B3h8B43SS]gdP3@88434>34583B>C4586B489=D3B:A83>@31A6J3M49884b3 3 GIYLKY3L>9453]T3A8E988B3QR3J:;C48B3Y6B436=>;E34583B>C4586B489=D3B:A83>@31A6J3M49884?3STRgde3@88434>345837>9;8934583<>:;43>93<=6783>@ _Y`aLLaL`g3 3 G583:J<9>X8J8;4B345898>;3F8:;E3O;>H;36B3PRR3I:==3M49884?3c;:>;A6=8?3L8H3N>9O3[3SS]]Qg3 +., .i-3 a43:B3>C93<>=:7D34>34D<834583=8E6=3A8B79:<4:>;38j674=D36B3:436<<869B3>;34583J>B439878;4=D3@:=8A3A88Ag3h83A>3;>434D<83=8E6=3A8B79:<4:>;B3@9>J36;D3>45893 A>7CJ8;4kBl?38X8;3:@345>B83A>7CJ8;4B3H8983987>9A8A36@48934583987>9A:;E3A6483>@34583J>B439878;4=D3@:=8A3A88Ag3a43:B34583B>=8398B<>;B:F:=:4D3>@34583987:<:8;43>@3 45:B3B8697534>3A8489J:;834583677C967D3>@34583=8E6=3A8B79:<4:>;36;A34>3A87:A83:@363;8H3BC9X8D3H>C=A3;88A34>3F837>;AC748A3:;3>9A8934>37>J83C<3H:45363;8H3 =8E6=3A8B79:<4:>;g3h83A>3;>436=4893>937986483;8H3=8E6=3A8B79:<4:>;B3 m9><894D3M869753W8<>943 kW8@^3 l3 m6E83f3>@3f 14 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 INDEX NO.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006- OPT5, PLAINTIFF, -AGAINST- CYNTHIA ORMSBY A/K/A CYNTHIA V. ORMSBY; CAPITAL ONE BANK (USA) NA; MIDLAND FUNDING OF DELAWARE LLC; MIDLAND FUNDING LLC; WORLD WIDE SECURITY SYSTEMS; FIA CARD SERVICES NA; “JOHN DOE #1” through “JOHN DOE #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, DEFENDANTS. SUMMONS & COMPLAINT McCABE, WEISBERG & CONWAY, LLC Attorneys for PLAINTIFF One Huntington Quadrangle, Suite 4N25 Melville, NY 11747 (631) 812-4084 (855) 845-2584 facsimile ========================================== 15 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE New York State Law requires that we provide you this notice about the foreclosure process WE, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-OPT5, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT5, ARE THE FORECLOSING PARTY AND ARE LOCATED AT C/O PHH MORTGAGE CORPORATION, 1661 WORTHINGTON ROAD, SUITE 100, WEST PALM BEACH, FLORIDA 33409. WE CAN BE REACHED AT (800) 746-2936. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT- CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. 16 of 17 FILED: NASSAU COUNTY CLERK 09/05/2023 02:41 PM INDEX NO. 614316/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/05/2023 If you need further information, please call the New York State Department of Financial Services’ toll-free helpline at 1-800-269-0990 or visit the Department's website at http://www.dfs.ny.gov. 17 of 17