Preview
(FILED: SUFFOLK COUNTY CLERK 0471872016 09:26 AM
INDEX NO. 606017/2016
NYSCEF DOC. NO. 1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
INDENTURE TRUSTEE FOR AMERICAN HOME
MORTGAGE INVESTMENT TRUST 2005-1,
Plaintiff (s),
-against-
SCOTT soucy, DIANA J SOUCY,
(SOUTH DAKOTA) N.A.,
CITIBANK
“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 premises, described in
the complaint,
RECEIVED NYSCEF: 04/18/2016
INDEX NO.:
Date Filed:
SUMMONS
Plaintiff designates
SUFFOLK County as the
place of trial
Premises:
57 WOODY LANE, OAKDALE,
NY 11769
Venue is based upon
County in which the
premises are situated
Defendant (s) .
ee ee ee eee eee eee ee eH
To the above named Defendant(s):
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 attorneys 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 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.
1 of 12YOU 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 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service
is complete if this summons is not personally delivered to you within
the State of New York); 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.
Dated: Armonk, New York
March 8, 2016
LEOPOLD & ASSOCIATES, PLLC
BY: GAKIA E
Attorneys f¢
80 Business ¥ Drive
Suite 110
Armonk, NY 10504
914-219-5787
2 of 12Help 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
summons and complaint carefully. You should immediately 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 by the
New York State Department of Financial Services at 1-800-269-0990 or visit the
Department's website at http://www.dfs.ny.gov.
Foreclosure rescue scams
Be careful of peéple who approach you with offers to "save" your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit
from a home owner's distress. You should be extremely careful about any such
promises and any suggestions that you 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 which
prohibits them from taking any money from you until they have completed all such
promised services.
3 of 12SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-- - - x
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDEX NO.:
INDENTURE TRUSTEE FOR AMERICAN HOME Date Filed:
MORTGAGE INVESTMENT TRUST 2005-1,
Plaintiffi(s),
-against-~- COMPLAINT FOR
FORECLOSURE OF A
MORTGAGE
SCOTT SOUCY, DIANA J soucy, CITIBANK
(SOUTH DAKOTA) N.A.,
"JOHN DOE .#i" 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 premises, described in
the complaint,
Defendant (s) .
wee ee eee ee
Plaintiff(s) by its/their attorneys Leopold & Associates, PLLC,
hereby allege(s) upon information and belief:
1. On or about February 22, 2005, defendants SCOTT SOUCY AND
DIANA J sSouUCY borrowed the sum of $333,700.00 from AMERICAN HOME
MORTGAGE ACCEPTANCE INC, by a certain note dated the same date,
whereunder said loan was repayable as follows: The sum of $2,081.85 on
April 1, 2005, and a like sum of exact amount each and every month
thereafter until March 1, 2035. Said monthly payments are to be
applied first to the payment of interest at the rate calculated in
accordance with the provisions of the note, and the balance of said
monthly payments to be applied in reduction of principal. Interest
4 of 12shall continue at the above rate or the default rate, if applicable,
pending satisfaction of the above indebtedness.
2. Said note provided, among other things, that in the event of
default by the makers of the note, SCOTT SOUCY AND DIANA J soucy, in
the payment of any of the above described payments, the entire balance
hereunder shall be immediately due and payable.
3. In order to collaterally secure the aforesaid obligation,
defendants SCOTT SOUCY AND DIANA J SOUCY, on the same day, duly
executed, acknowledged and delivered to the plaintiff or plaintiff's
assignor a mortgage, “whereby said defendants mortgaged the following
veal property with the appurtenances thereto, described in the
mortgage as follows: See Schedule A - "Legal Description" annexed
hereto and made a part hereof. Said premises being known as and by 57
WOODY LANE, OAKDALE, NY 11769. TOGETHER with all right, title and
interest of the defendants in and to the land lying in the streets and
roads in front of and adjoining said premises.
4. Said mortgage provided for the following:
a) In case of foreclosure sale said premises or so much
thereof as may be affected by this mortgage, may be sold in one
parcel.
b) That the mortgagor will pay all taxes, assessments,
sewer rents or water rates and in default thereof, the mortgagee may
pay the same.
c) In any lawsuit for foreclosure and sale lender will
have the right to collect all costs and disbursements and additional
5 of 12allowances allowed by applicable law and will have the right to add
all reasonable attorneys’ fees to the amount borrower owes lender
which fees shall become part of the Sums Secured.
da) That the whole of said principal sum and interest
shall become due at the option of the mortgagee after default in the
payment of any installment of principal or of interest.
5. The subject mortgage was recorded on March 15, 2005, in
Official Records Bock M00020999 at Page 596, of the Public Records of
SUFFOLK County, New York. The aforementioned Note and Mortgage were
thereafter modified.
6. The subject mortgage was ultimately assigned by written
agreement therefore to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1
AKA DEUTSCHE BANK NATIONAL TRUST COMPANY, FORMALLY KNOWN AS BANKERS
TRUST COMPANY OF CALIFORNIA, NA, AS INDENTURE TRUSTEE FOR AMERICAN
HOME MORTGAGE INVESTMENT TRUST 2005-1 by assignment of mortgage
executed on June 3,2013.
7. Plaintiff is the owner and holder of the promissory note and
mortgage at issue in this proceeding.
8. Prior to the filing the complaint, Plaintiff or Plaintiff’s
agent was in possession and control of the original promissory note
and mortgage.
9. Defendants SCOTT SOUCY AND DIANA J sSoUCY owns the equity of
vedemption herein foreclosed and are joined as necessary party
defendants to foreclose all right, title, interest and equity of
6 of 12redemption in the mortgaged premises, and will be liable for any
deficiency judgment as may be directed by this Court (Unless said
defendants have received a discharge from the United States Bankruptcy
Court).
10. Plaintiff verily believes that during the pendency of this
action, in order to protect the security of the within mortgage, it
may be compelled to make advances to prior mortgagees, if any, for
installments of principal and interest, taxes, assessments, water
rates, and/or fire insurance premiums that are or may become due under
said prior mortgage or to the receiver of taxes, or to the fire
imsurance company, which advances are to be included in the balance
due to plaintiff, plus interest, as provided for in the within
mortgage foreclosed and deemed further secured thereby.
11. SCOTT SOUCY AND DIANA J soucY has defaulted under the note
for $333,700.00 owing to plaintiff and no payment thereof has been
made to plaintiff from said SCOTT SOUCY AND DIANA J SOUCY despite
demand, by having failed to make monthly payments on April 1, 2015 to
date. By virtue thereof, plaintiff has heretofore elected and by
these presents hereby elects to accelerate the entire unpaid principal
balance of $257,574.42 and Deferred principal balance of $107,162.00
to be immediately due and payable under the modified mortgage herein
foreclosed, plus interest at the rate calculated in accordance with
the provisions of the note from March 1, 2015, together with unpaid
late charges in the amount of $44.82 that have accrued prior to this
action as of October 21, 2015. Presently there is no partial payment
7 of 12held in suspense. Plaintiff is also entitled to recover escrow
advances made to protect plaintiff's mortgage and a reasonable amount
for attorneys' fees to be determined by the Court.
12. Plaintiff is still the owner and holder of the mortgage
herein foreclosed and of the note secured thereby.
13. Plaintiff is a Trustee for American Home Mortgage Investment
Trust 2005-1 and the holder of the note and mortgage sought to be
foreclosed herein.
14. That a prior action was commenced but has been discontinued.
15. That each and all of the defendants herein have or claim to
have some interest in, or lien upon the said mortgaged premises or
some part thereof, which interest or lien, if any, has accrued
subsequently to the lien of the said mortgage, and is subject and
subordinate thereto.
16. That any municipal agency named as a defendant herein is
named solely for the purpose of providing notice to said agency and
extinguishing any interest held by said agency by virtue of a lien of
the said agency.
17. That plaintiff shall not be deemed to have waived, altered,
released or changed the election hereinbefore made by reason of any
payment after the date of commencement of this action.
18. If applicable; the 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-1 or
8 of 12six-m of the Banking Law, and sections thirteen hundred and four and
thirteen hundred and six of the RPAPL.
19. The mortgage complies with the underwriting standards in
Banking Law Section 6-m, as well as the pre-foreclosure notice
requirements and the plaintiff has complied with the requirements of
RPAPL 1304 and 1306 regarding the sending and filing of pre-
foreclosure information with the Banking Department.
WHEREFORE, the plaintiff demands judgment that the
defendants herein and all persons claiming under them or any or either
of them subsequent to the commencement of this action may be forever
barred and foreclosed of all right, claim, lien and equity of
redemption in the said mortgaged premises; that the said premises may
be decreed to be sold according to law. in "as is" physical order and
condition, subject to any covenants, easements, restrictions and
reservations of record; any violations of record; any state of facts
an accurate survey may show; any zoning regulations or amendments
thereto; rights of tenants or persons in possession of the subject
premises; any prior mortgage liens of record; any prior lien of
record; and any advances or arrears thereunder; any equity of
redemption of the UNITED STATES OF AMERICA to redeem the premises
within 120 days from date of sale; that this Court forthwith appoint a
veceiver of the rents and profits of said premises, during the
pendency of this action with the usual powers and duties; that monies
arising from the sale may be brought into court; that plaintiff may be
paid the amount due on said note and mortgage with interest to the
9 of 12time of such payment, attorney's fees, as set forth in the mortgage,
the costs of this action and the expenses of said sale so far as the
amount of such monies properly applicable thereto will pay the same;
and that defendants SCOTT SOUCY AND DIANA J SOUCY may be adjudged to
pay the whole residue, or so much thereof as the Court may determine
to be just and equitable, of the debt remaining unsatisfied after the
sale of the mortgaged premises and the application of the proceeds
pursuant to the provisions contained in such judgment, the amount
thereof to be determined by the Court as provided in Section 1371 of
the Real Property Actions and Proceedings Law (Unless said defendants
have received a discharge from the United States Bankruptcy Court) .
Dated: Armonk, New York
March 8, 2016
LEOPOLD & ASSOCIATES, PLLC
Attorneys foz
80 Business Drive
Suite 110
Armonk, NY 10504
914-219-5787
10 of 12CONSUMER NOTICE PURSUANT TO 15 U.S.C. SECTION 1692 (G)
Unless you notify this office within thirty (30) days after receiving
this notice that you dispute the validity of this debt, or any portion
thereof, this office will assume this debt to be valid. If you notify
this office within thirty (30) days from the receipt of this notice
that you dispute the debt, or any portion thereof, this office will
obtain verification of the debt or obtain a copy of a judgment and a
copy of such judgment or verification will be mailed to you by this
office. If you request within thirty (30) days after receipt of this
notice, this office will provide to you the name and address of the
original creditor for the specified debt, if different from the
current creditor. If you send a notice seeking any of the above
information within thirty (30) days from the receipt of this notice,
we will stop our collection efforts until we mail the requested
information.
Name of the creditor: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1
Amount of the debt: $257,574.42
11 of 12Schedule A Description
Tite Number PA11808S. Page 4
ALL that certain plat, piece or parcel of land situate lying and being in the town of
Islip, County of Suffolk and State of New York, known and designated as Lot No.
85 on a cartain map entitled, “Map of Oakdale Green, Section 1, situate in the
Town of Islip, Suffolk County, N.Y., B.J. Bolender, Land Surveyor, Owner,
Oakdale Green, Inc., East Islip, N.Y." filed in the Office of the Suffolk County
Clerk on 12/14/55 as Map No. 2497, bounded and described as follows:
BEGINNING at a point on the northerly side of Woody Lane, distant 119.01 feet
westerly from the extreme westerly end of the arc of a curve connecting the
northerly side of Woody Lane and the westerly side of Sycamore Avenue;
RUNNING THENCE North 59 degrees 22 minutes 40 seconds west and along
the northerly side of Woody Lane, a distance of 100 fest;
THENCE North 30 degrees 37 minutes 20 seconds east, a distance of 200.42
feet to Map of Oakdale Estates;
THENCE South 59 degrees 22 minutes 40 seconds east and along Map of
Oakdale Estates, a distance of 100 feet,
THENCE South 30 degrees 37 minutes 20 seconds west, a distance of 200.42
+ feet to the northerly side of Woody Lane, at the point or place of BEGINNING.
“THIS MORTGAGE ENCUMBERS —
REAL PROPERTY IMPROVED BY
AONE OR TWO FAMILY DWELLING
12 of 12
Preview
(FILED: SUFFOLK COUNTY CLERK 0471872016 09:26 AM INDEX NO. 606017/2016 NYSCEF DOC. NO. 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1, Plaintiff (s), -against- SCOTT soucy, DIANA J SOUCY, (SOUTH DAKOTA) N.A., CITIBANK “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 premises, described in the complaint, RECEIVED NYSCEF: 04/18/2016 INDEX NO.: Date Filed: SUMMONS Plaintiff designates SUFFOLK County as the place of trial Premises: 57 WOODY LANE, OAKDALE, NY 11769 Venue is based upon County in which the premises are situated Defendant (s) . ee ee ee eee eee eee ee eH To the above named Defendant(s): 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 attorneys 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 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. 1 of 12YOU 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 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); 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. Dated: Armonk, New York March 8, 2016 LEOPOLD & ASSOCIATES, PLLC BY: GAKIA E Attorneys f¢ 80 Business ¥ Drive Suite 110 Armonk, NY 10504 914-219-5787 2 of 12Help 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 summons and complaint carefully. You should immediately 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 by the New York State Department of Financial Services at 1-800-269-0990 or visit the Department's website at http://www.dfs.ny.gov. Foreclosure rescue scams Be careful of peéple who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a home owner's distress. You should be extremely careful about any such promises and any suggestions that you 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 which prohibits them from taking any money from you until they have completed all such promised services. 3 of 12SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -- - - x DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDEX NO.: INDENTURE TRUSTEE FOR AMERICAN HOME Date Filed: MORTGAGE INVESTMENT TRUST 2005-1, Plaintiffi(s), -against-~- COMPLAINT FOR FORECLOSURE OF A MORTGAGE SCOTT SOUCY, DIANA J soucy, CITIBANK (SOUTH DAKOTA) N.A., "JOHN DOE .#i" 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 premises, described in the complaint, Defendant (s) . wee ee eee ee Plaintiff(s) by its/their attorneys Leopold & Associates, PLLC, hereby allege(s) upon information and belief: 1. On or about February 22, 2005, defendants SCOTT SOUCY AND DIANA J sSouUCY borrowed the sum of $333,700.00 from AMERICAN HOME MORTGAGE ACCEPTANCE INC, by a certain note dated the same date, whereunder said loan was repayable as follows: The sum of $2,081.85 on April 1, 2005, and a like sum of exact amount each and every month thereafter until March 1, 2035. Said monthly payments are to be applied first to the payment of interest at the rate calculated in accordance with the provisions of the note, and the balance of said monthly payments to be applied in reduction of principal. Interest 4 of 12shall continue at the above rate or the default rate, if applicable, pending satisfaction of the above indebtedness. 2. Said note provided, among other things, that in the event of default by the makers of the note, SCOTT SOUCY AND DIANA J soucy, in the payment of any of the above described payments, the entire balance hereunder shall be immediately due and payable. 3. In order to collaterally secure the aforesaid obligation, defendants SCOTT SOUCY AND DIANA J SOUCY, on the same day, duly executed, acknowledged and delivered to the plaintiff or plaintiff's assignor a mortgage, “whereby said defendants mortgaged the following veal property with the appurtenances thereto, described in the mortgage as follows: See Schedule A - "Legal Description" annexed hereto and made a part hereof. Said premises being known as and by 57 WOODY LANE, OAKDALE, NY 11769. TOGETHER with all right, title and interest of the defendants in and to the land lying in the streets and roads in front of and adjoining said premises. 4. Said mortgage provided for the following: a) In case of foreclosure sale said premises or so much thereof as may be affected by this mortgage, may be sold in one parcel. b) That the mortgagor will pay all taxes, assessments, sewer rents or water rates and in default thereof, the mortgagee may pay the same. c) In any lawsuit for foreclosure and sale lender will have the right to collect all costs and disbursements and additional 5 of 12allowances allowed by applicable law and will have the right to add all reasonable attorneys’ fees to the amount borrower owes lender which fees shall become part of the Sums Secured. da) That the whole of said principal sum and interest shall become due at the option of the mortgagee after default in the payment of any installment of principal or of interest. 5. The subject mortgage was recorded on March 15, 2005, in Official Records Bock M00020999 at Page 596, of the Public Records of SUFFOLK County, New York. The aforementioned Note and Mortgage were thereafter modified. 6. The subject mortgage was ultimately assigned by written agreement therefore to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1 AKA DEUTSCHE BANK NATIONAL TRUST COMPANY, FORMALLY KNOWN AS BANKERS TRUST COMPANY OF CALIFORNIA, NA, AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1 by assignment of mortgage executed on June 3,2013. 7. Plaintiff is the owner and holder of the promissory note and mortgage at issue in this proceeding. 8. Prior to the filing the complaint, Plaintiff or Plaintiff’s agent was in possession and control of the original promissory note and mortgage. 9. Defendants SCOTT SOUCY AND DIANA J sSoUCY owns the equity of vedemption herein foreclosed and are joined as necessary party defendants to foreclose all right, title, interest and equity of 6 of 12redemption in the mortgaged premises, and will be liable for any deficiency judgment as may be directed by this Court (Unless said defendants have received a discharge from the United States Bankruptcy Court). 10. Plaintiff verily believes that during the pendency of this action, in order to protect the security of the within mortgage, it may be compelled to make advances to prior mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the fire imsurance company, which advances are to be included in the balance due to plaintiff, plus interest, as provided for in the within mortgage foreclosed and deemed further secured thereby. 11. SCOTT SOUCY AND DIANA J soucY has defaulted under the note for $333,700.00 owing to plaintiff and no payment thereof has been made to plaintiff from said SCOTT SOUCY AND DIANA J SOUCY despite demand, by having failed to make monthly payments on April 1, 2015 to date. By virtue thereof, plaintiff has heretofore elected and by these presents hereby elects to accelerate the entire unpaid principal balance of $257,574.42 and Deferred principal balance of $107,162.00 to be immediately due and payable under the modified mortgage herein foreclosed, plus interest at the rate calculated in accordance with the provisions of the note from March 1, 2015, together with unpaid late charges in the amount of $44.82 that have accrued prior to this action as of October 21, 2015. Presently there is no partial payment 7 of 12held in suspense. Plaintiff is also entitled to recover escrow advances made to protect plaintiff's mortgage and a reasonable amount for attorneys' fees to be determined by the Court. 12. Plaintiff is still the owner and holder of the mortgage herein foreclosed and of the note secured thereby. 13. Plaintiff is a Trustee for American Home Mortgage Investment Trust 2005-1 and the holder of the note and mortgage sought to be foreclosed herein. 14. That a prior action was commenced but has been discontinued. 15. That each and all of the defendants herein have or claim to have some interest in, or lien upon the said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequently to the lien of the said mortgage, and is subject and subordinate thereto. 16. That any municipal agency named as a defendant herein is named solely for the purpose of providing notice to said agency and extinguishing any interest held by said agency by virtue of a lien of the said agency. 17. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of any payment after the date of commencement of this action. 18. If applicable; the 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-1 or 8 of 12six-m of the Banking Law, and sections thirteen hundred and four and thirteen hundred and six of the RPAPL. 19. The mortgage complies with the underwriting standards in Banking Law Section 6-m, as well as the pre-foreclosure notice requirements and the plaintiff has complied with the requirements of RPAPL 1304 and 1306 regarding the sending and filing of pre- foreclosure information with the Banking Department. WHEREFORE, the plaintiff demands judgment that the defendants herein and all persons claiming under them or any or either of them subsequent to the commencement of this action may be forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged premises; that the said premises may be decreed to be sold according to law. in "as is" physical order and condition, subject to any covenants, easements, restrictions and reservations of record; any violations of record; any state of facts an accurate survey may show; any zoning regulations or amendments thereto; rights of tenants or persons in possession of the subject premises; any prior mortgage liens of record; any prior lien of record; and any advances or arrears thereunder; any equity of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from date of sale; that this Court forthwith appoint a veceiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; that monies arising from the sale may be brought into court; that plaintiff may be paid the amount due on said note and mortgage with interest to the 9 of 12time of such payment, attorney's fees, as set forth in the mortgage, the costs of this action and the expenses of said sale so far as the amount of such monies properly applicable thereto will pay the same; and that defendants SCOTT SOUCY AND DIANA J SOUCY may be adjudged to pay the whole residue, or so much thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied after the sale of the mortgaged premises and the application of the proceeds pursuant to the provisions contained in such judgment, the amount thereof to be determined by the Court as provided in Section 1371 of the Real Property Actions and Proceedings Law (Unless said defendants have received a discharge from the United States Bankruptcy Court) . Dated: Armonk, New York March 8, 2016 LEOPOLD & ASSOCIATES, PLLC Attorneys foz 80 Business Drive Suite 110 Armonk, NY 10504 914-219-5787 10 of 12CONSUMER NOTICE PURSUANT TO 15 U.S.C. SECTION 1692 (G) Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume this debt to be valid. If you notify this office within thirty (30) days from the receipt of this notice that you dispute the debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and a copy of such judgment or verification will be mailed to you by this office. If you request within thirty (30) days after receipt of this notice, this office will provide to you the name and address of the original creditor for the specified debt, if different from the current creditor. If you send a notice seeking any of the above information within thirty (30) days from the receipt of this notice, we will stop our collection efforts until we mail the requested information. Name of the creditor: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-1 Amount of the debt: $257,574.42 11 of 12Schedule A Description Tite Number PA11808S. Page 4 ALL that certain plat, piece or parcel of land situate lying and being in the town of Islip, County of Suffolk and State of New York, known and designated as Lot No. 85 on a cartain map entitled, “Map of Oakdale Green, Section 1, situate in the Town of Islip, Suffolk County, N.Y., B.J. Bolender, Land Surveyor, Owner, Oakdale Green, Inc., East Islip, N.Y." filed in the Office of the Suffolk County Clerk on 12/14/55 as Map No. 2497, bounded and described as follows: BEGINNING at a point on the northerly side of Woody Lane, distant 119.01 feet westerly from the extreme westerly end of the arc of a curve connecting the northerly side of Woody Lane and the westerly side of Sycamore Avenue; RUNNING THENCE North 59 degrees 22 minutes 40 seconds west and along the northerly side of Woody Lane, a distance of 100 fest; THENCE North 30 degrees 37 minutes 20 seconds east, a distance of 200.42 feet to Map of Oakdale Estates; THENCE South 59 degrees 22 minutes 40 seconds east and along Map of Oakdale Estates, a distance of 100 feet, THENCE South 30 degrees 37 minutes 20 seconds west, a distance of 200.42 + feet to the northerly side of Woody Lane, at the point or place of BEGINNING. “THIS MORTGAGE ENCUMBERS — REAL PROPERTY IMPROVED BY AONE OR TWO FAMILY DWELLING 12 of 12