Preview
FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ESSEX
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ROCKET MORTGAGE, LLC F/K/A CERTIFICATE OF MERIT
QUICKEN LOANS, LLC F/K/A QUICKEN PURSUANT TO CPLR 3012-B
LOANS INC.
Plaintiff,
vs
INDEX #:
CYNTHIA MAY CORCORAN AS
EXECUTOR AND AS DEVISEE TO THE MORTGAGED PREMISES:
ESTATE OF STEVEN LADUE, NEW YORK 43 Edward St
STATE DEPARTMENT OF TAXATION AND Saranac Lake, NY 12983
FINANCE, UNKNOWN HEIRS OF DANIEL J
REYOME IF LIVING, AND IF HE/SHE BE
DEAD, ANY AND ALL PERSONS
UNKNOWN TO PLAINTIFF, CLAIMING, OR
WHO MAY CLAIM TO HAVE AN INTEREST
IN, OR GENERAL OR SPECIFIC LIEN UPON
THE REAL PROPERTY DESCRIBED IN THIS
ACTION; SUCH UNKNOWN PERSONS
BEING HEREIN GENERALLY DESCRIBED
AND INTENDED TO BE INCLUDED IN
WIFE, WIDOW, HUSBAND, WIDOWER,
HEIRS AT LAW, NEXT OF KIN,
DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES,
LEGATEES, CREDITORS, TRUSTEES,
COMMITTEES, LIENORS, AND ASSIGNEES
OF SUCH DECEASED, ANY AND ALL
PERSONS DERIVING INTEREST IN OR
LIEN UPON, OR TITLE TO SAID REAL
PROPERTY BY, THROUGH OR UNDER
THEM, OR EITHER OF THEM, AND THEIR
RESPECTIVE WIVES, WIDOWS,
HUSBANDS, WIDOWERS, HEIRS AT LAW,
NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS,
DEVISEES, LEGATEES, CREDITORS,
TRUSTEES, COMMITTEES, LIENORS, AND
ASSIGNS, ALL OF WHOM AND WHOSE
NAMES, EXCEPT AS STATED, ARE
UNKNOWN TO PLAINTIFF, PEOPLE OF
THE STATE OF NEW YORK, UNITED
STATES OF AMERICA ON BEHALF OF THE
IRS, INHERITANCE ADVANCED LLC
JOHN DOE (Those unknown tenants, occupants,
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persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
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1. I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with the law firm
of Gross Polowy LLC, attorney for Plaintiff in this action.
2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and
Proceedings Law §1304.
3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security
agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if
any), and all other instruments of indebtedness including any modification, extension, and consolidation.
Pertinent documents reviewed are attached hereto as Exhibit A.
4. I have consulted about the facts of this case with the following representatives of Plaintiff:
Name Title
Melanie Czartoryski Loss Mitigation Officer
5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is
a reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforce
rights under these documents.
6. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22
NYCRR Part 130.
Dated: September 28, 2023
Jonathan Jacobs .
Jonathan W Jacobs, Esq.
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CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
Exhibit A
In support of the foregoing Certificate of Merit, attached hereto are:
_x_ Note
_x_ Mortgage
_x_ Assignment
___ CEMA/Loan Modification
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NOTE
January 21. 2014 Saranac Lake
[Date] [city] [state]
43 Edward St
Saranac Lake. NY 12983
[Property Address]
1. BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S. s 82, 500.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is Qul Cken Loans Inc.
.
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Leader may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
Holder."
entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 4. 875 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the lSt day of each month beginning on March 1. 2014 . I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If, on February 1. 2044 , Istill owe amounts under this Note, I will pay those amounts in full on that date,
Date."
which is called the "Maturity
I will make my monthly payments at P.O. Box 6577 , Carol Stream. IL 60197
or at a different place ifrequired by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 436.60 .
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment."
When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment
as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under
However, this Note.
the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
W KlumerFinancialServices go1o 3
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5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted (a) any such loan charge
limits, then:
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of F1 fteen calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2.000%of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
Holder may send ine a written notice telling me that if I do not pay the overdue amount by a
If I am in default, the Note
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.
(D) No Wolver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required
me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
attorneys'
expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless law requires a different
applicable method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, is fully and personally
each person obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against cach person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Disbonor.
"Presentment" Dishonor"
means the right to require the Note Holder to demand payment of amounts due. "Notice of means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
NEWYORKFlXEDRATENOTE-SingleFamily"FanrlieMaefFgeddie INSTRUMENT
MacUNIFORM Forrn32331/01
Financial
c tersK1uwer Services of3
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19. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any
part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written
permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without
Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall
not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Leader requires immediate payment in full under this Section 18, Lender will give me a notice which
states this requirement. The notice will give me at least 30 days to make the required The 30-day period
payment.
will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument.
If I do not make the required payment during that period, Leader may act to enforce its rights under this Security
Instrument without giving me any further notice or demand for payment.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
01/21I2014 (Seal) (Seal)
iteven Ladue -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only)
¡ Refer to the attached Signamre Addendum for additional parties and signatures.
Loan origination organization QUicken Loans Inc .
NMLS ID 3030
Loan originator Jef frey Darish
NMLS ID 775374
NEWYORKFlXEDRATENOTE- SingiaFamily-FanrdeMaefFedd Form3233101
W tersKlumerFinancialServk:es of3
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023
ESSEX COUNTY-STATE OF NEW YORK
JOSEPH A. PROVONCHA, COUNTY CLERK
7659COURT ST, PO BOX 247, ELIZABETHTOWN, NY 12932
COUNTY CLERK'S RECORDING PAGE
***THIS PAGE IS PARY OF THE DOCUMENT -DO NOYDETACH***
Recording:
Cover Page 5.00
Recording Fee 130.00
Additional Names 0.50
Affidavit 5.00
Cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4. 75
BOOK/PAGE: 2256 / 129
INSTRUMENT #: 2014-405
sub Total : 160.50
Receipt#: 2014121447
- Nortgage Tax ---
cierk: PM
Rec Date: 02/03/2014 01:49:00 PM Basic 412.50
Doc Grp: M special 206.25
Descrip: MORTGAGE Additional 181.25
Num Pgs: 23 Local 206.25
Rec'd Frm: INDECOMM HOLDINGS INC
Sub Total : 1006.25
Party1: LADUE STEVEN
Party2 : QUICKEN LOANS INC
Town: NORTH ELBA Total : 1166.75
**** NOT BILL ****
NOTICE: THIS 15 A
ASSIGNED
***** *****
Mortgage Tax
02/06/2023
INSTR #: 2023-460 ΰ2 m 1 o
ASSIGNED TO: Mtg Amt: 82500.00
ROCKET MORTGAGE LLC AKA
Basic 412.50
QUICKEN LOANS LLC special 206.25
Additional 181.25
Local 206.25
Total : 1006.25
I hereby certify that the within and foregoing
was recorded in the Essex County Clerk's
Office
Record and Return To: a
Joseph A.Provoucha
INDECOMM GLOBAL SERVICES Essex County Clerk
2925 COUNTRY DR SUITE 201
ST PAUL MN 55117-9969
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R rn To: .
Do ment anagement
Qui e Loans Inc.
1050 oodward Ave
De o t. MI 48226-1906
Prepared By: THIS PROPERTY,IS IMPROVED OR WILL
Dalisa Brown BE SY A 1 OR 2 FAMILY DWELLING
1050 Woodward Ave
Detroit. MI 48226-1906
(313)373-0000 . .
When Recorded Retum To:
indecomm Global Sand s . .. .. . .
2925 Country Drive
St Paul, MN 55117
Words Used Often In This Document
(A) "SecurityInstrument."Thisdocument, whichisdated January 21, 2014 , together with
Instrument."
all Riders to this document, will be called the "Security
"Borrower."
(B) Steven Ladue. a single man
whose address is 43 Edward St . Saranac Lake, NY 12983
"Borrower" "I" "me."
sornetimes will be called and sometimes sirnply or
"MERS" that is
(C) is Mongage Electronic Registration Systems, Inc. MERS is a separate corporation
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is organized and
existing under the laws of Delaware, with a mailing address of P.O. Box 2026, Flint, MI
48501-2026, a street address of 1901 E Voorhees Street, Suite C, Danville, IL 61834 and tciephone
number of (888) 679-MERS. FOR PURPOSES OF RECORDING THIS MORTGAGE, MERS IS
THE MORTGAGEE OF RECORD.
- · Block: Lot: Unit:
amily#ennie
MaeFNPddiS
MacUNIFORM WITHMERS
INSTRUMENT Form3023if05
alSerAces Page at
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(D) "Lender "QUi Cken LOanS InC .
"Lender."
will be called Leader is a corporation or association which exists under the laws of
the State of Michigan . Lender's address is
1050 Woodward Ave, Detroit, MI 48226-1906
"Note."
(E) The note signed by Borrower and dated January 21. 2014 ,willbecalled
"Note." Two
the The Note shows that I owe Leader Eighty Thousand Five Hundred
and 00/100
Dollars (U.S.s82,500.00 )piusinterestandotheramountathat
may be payable. I bave mised to pay this debt in Periodic Payments and to pay the debt in full by
February 1, 20 .
"Property."
(F) The property that is described below in the section titled "Description of the Property,"
"Property."
will be called the
"Loan." "Loan"
(0) The means the debt evidenced by the Note, plus interest, any prepayment charges
and late charges due under the Note, and all sums due under this Security Instrument, plus interest.
"SumsSecured."
(H) Šhe amounts described below in the section titled "Borrower's Transfer to
Property" Secured."
Leader of Rights in the sometimes will be called the "Sums
"Riders."
(1) All Riders attached to this Security Instrument that are signed by Borrower will be called
"
"Riders The following Riders are to be signed by Borrower [check box as applicable]:
Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) [specify]
Legal Attached
"ApplicableLaw."
(J) All controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable
Law."
final, non-appealable, judicial opinions will be called "Applicable
(K) "Community AssociationDues, Fees, and Assessments."Allducs, fees,assessmentsand
other charges that we imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization will be called "Community Association Dues, Fees,
Assessments."
and
" Transfer"
(L) "ElectronicFundsTransfer "Electronic Funds means any transfer of money, other
than by check, draft, or similar paper instrument, which is initiated through an clectronic terminal,
telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial
institution to debit cr credit an account. Some common examples of an Electronic Funds Transfer are
point-of-sale transfers (where a card such as an asset or debit card is used at a merchant), automated
tellermachine (or ATM) transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
ORK4ingleFamityfannieMan/FreeleMacUNIFORM WITHMERS
INSTRUMENT Form30 0
Klamper
Walters Financial
Services Zof2
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Items." Items."
(M) "Escrow Those items that are described in Section 3 will be called "Escrow
Proceeds"
(N) "MiscellaneousProceeds.""Miscellaneous means any compensation, settlement, award
of damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined in, and
paid under the coverage described in Section 5) for: (i) damage to, or destruction of, the Property;
(ii) Condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of
Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property. A taking of the Property by any governmental authority by
eminent domain is known as "Condemnation."
Insurance" Lender against the
(0) "Mortgage Insurance.""Mortgage means insurance protecting
nonpayment of, or default on, the Loan.
"PeriodicPayment."
(P) The regularly scheduled amount due for (i) principal and interest under the
Payment."
Note, and (s) any amounts under Section 3 will bc called "Periodic
"RESPA." "RESPA"
(Q) means the Real Estate Settlement Pmcedures Act (12 U.S.C. Section 2601 et
seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be
amended from time to time, or any additional or successor legislation or regulation that governs the
"RESPA"
same subject matter. As used in this Security Instrument, refers to all requirements and
loan"
restrictions that are imposed in regard to a "federally related mortgage even if the Loan does
not qualify as a "federally related mortgage loan" under RESPA.
Borrowers Transfer To Lander Of Rights In The Property
I mortgage, grant and convey the Property to MERS (solely as nominee for Leader and Lender's
successors in interest) and its successors in interest subject to the terms of this Security Instrument. This
means that, by signing this Security Instrument, I am giving Leader those rights that are stated in this
Security Instmment and also those rights that Applicable Law gives to lenders who hold mortgages on real
property. I am giving Leader these rights to protect Leader from possible losses that might result if I thil
to:
(A) Pay all the amounts that I owe Leader as stated in the Note including, but not limited to, all renewals,
extensions and modifications of the Note;
(B) Pay, with interest, any amounts that Leader spends under this Security Instrument to protect the value
of the Property and Lender's rights in the Property; and
(C) Keep all of my other promises and agreements under this Security Instrument and the Note.
I understand and agree that MERS holds only legal title to the rights granted by me in this Security
Instmment, but, if necessary to comply with law or custom, MERS (as nominee for Leader and Leader's
successors and assigns) has the right:
(A) to exercise any or all of those rights, including, but not limited to, the right to foreclose and sell the
Property; and
(B) to take any action required of Leader including, but not limited to, releasing and canceling this
Security Instrument.
oFlK-Bingle
FamilpFanale
Mao/Feddie Fenn30331st
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Description Of The Property
I give MERS (solely as nominee for Leader and Leader's successors in interest) rights in the Property
described in (A) through (G) below:
(A) The Property which is located at 43 Edward St
{Street]
Saranac Lake Ichy, rows er vinagel New York 12983 [zipcoa.J.
This Property is in Essex County. It bas the following
legal description:
"A"
SEE EXHIBIT ATTACHED HERETO AND MADE A PART HERE0F.
SUBJECT TO COVENANTS OF RECORD.
The wi thin described premises are or are to be improved by 1 or 2
family residence or
dwelling only.
Property Type : Single Fami ly
(B) All buildings and other improvements described in subsection (A) of
that are located on the Property
this section;
(C) All rights in other property that I have as owner of the Property described in subsection (A) of this
Property;"
section. These rights are known as "easements and appurtenances attached to the
(D) All rights that I have in the Iand which Lies in the streets or roads in front of, or next to, the Property
described in subsection (A) of this section;
(E) AU fixtures that arc now or in the future will be on the Property described in subsections (A) and (B)
of this section;
(F) All of the rights and property described in subsections (B) through (E) of this section that I acquire in
the future; and
(G) All replacements of or additions to the Property described in subsections (B) through (F) of this
section and all Insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of the
Property described in subsections (A) through (F) of this section.
Borrowers Right To Mortgage The Property And Borrower's Obligation To Defend
Ownership of The Property
I promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the
Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for
those which are of public record.
. .... .....
NSW ingleFarnl5fanpleMaWFfeddle
M IF 40331
woltmaKrumer
Rnancialservices P e4of21
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I give a general warranty of title to Lender. This means that I will be fully responsible for any losses which
Lcnder suffers becausc someone other than myself has some of the rights in the Propetty which I promise
that I have. I promise that I will defend my ownership of the Property against any claitus of such rights.
Plain Language Security Instrument
This Security Instrument contains promises and agreements that are used in real property security
instruments all over the country. It also contains other pr
Preview
FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ESSEX ----------------------------------------------------------------X ROCKET MORTGAGE, LLC F/K/A CERTIFICATE OF MERIT QUICKEN LOANS, LLC F/K/A QUICKEN PURSUANT TO CPLR 3012-B LOANS INC. Plaintiff, vs INDEX #: CYNTHIA MAY CORCORAN AS EXECUTOR AND AS DEVISEE TO THE MORTGAGED PREMISES: ESTATE OF STEVEN LADUE, NEW YORK 43 Edward St STATE DEPARTMENT OF TAXATION AND Saranac Lake, NY 12983 FINANCE, UNKNOWN HEIRS OF DANIEL J REYOME IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF, PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA ON BEHALF OF THE IRS, INHERITANCE ADVANCED LLC JOHN DOE (Those unknown tenants, occupants, 1 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X 1. I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with the law firm of Gross Polowy LLC, attorney for Plaintiff in this action. 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law §1304. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all other instruments of indebtedness including any modification, extension, and consolidation. Pertinent documents reviewed are attached hereto as Exhibit A. 4. I have consulted about the facts of this case with the following representatives of Plaintiff: Name Title Melanie Czartoryski Loss Mitigation Officer 5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is a reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforce rights under these documents. 6. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: September 28, 2023 Jonathan Jacobs . Jonathan W Jacobs, Esq. 2 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b Exhibit A In support of the foregoing Certificate of Merit, attached hereto are: _x_ Note _x_ Mortgage _x_ Assignment ___ CEMA/Loan Modification 3 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 NOTE January 21. 2014 Saranac Lake [Date] [city] [state] 43 Edward St Saranac Lake. NY 12983 [Property Address] 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. s 82, 500.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Qul Cken Loans Inc. . I will make all payments under this Note in the form of cash, check or money order. I understand that the Leader may transfer this Note. The Lender or anyone who takes this Note by transfer and who is Holder." entitled to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 4. 875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the lSt day of each month beginning on March 1. 2014 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on February 1. 2044 , Istill owe amounts under this Note, I will pay those amounts in full on that date, Date." which is called the "Maturity I will make my monthly payments at P.O. Box 6577 , Carol Stream. IL 60197 or at a different place ifrequired by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 436.60 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under However, this Note. the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. W KlumerFinancialServices go1o 3 4 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted (a) any such loan charge limits, then: shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of F1 fteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2.000%of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default Holder may send ine a written notice telling me that if I do not pay the overdue amount by a If I am in default, the Note certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Wolver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those attorneys' expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless law requires a different applicable method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, is fully and personally each person obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against cach person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Disbonor. "Presentment" Dishonor" means the right to require the Note Holder to demand payment of amounts due. "Notice of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. NEWYORKFlXEDRATENOTE-SingleFamily"FanrlieMaefFgeddie INSTRUMENT MacUNIFORM Forrn32331/01 Financial c tersK1uwer Services of3 5 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 19. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Leader requires immediate payment in full under this Section 18, Lender will give me a notice which states this requirement. The notice will give me at least 30 days to make the required The 30-day period payment. will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Leader may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 01/21I2014 (Seal) (Seal) iteven Ladue -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only) ¡ Refer to the attached Signamre Addendum for additional parties and signatures. Loan origination organization QUicken Loans Inc . NMLS ID 3030 Loan originator Jef frey Darish NMLS ID 775374 NEWYORKFlXEDRATENOTE- SingiaFamily-FanrdeMaefFedd Form3233101 W tersKlumerFinancialServk:es of3 6 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 ESSEX COUNTY-STATE OF NEW YORK JOSEPH A. PROVONCHA, COUNTY CLERK 7659COURT ST, PO BOX 247, ELIZABETHTOWN, NY 12932 COUNTY CLERK'S RECORDING PAGE ***THIS PAGE IS PARY OF THE DOCUMENT -DO NOYDETACH*** Recording: Cover Page 5.00 Recording Fee 130.00 Additional Names 0.50 Affidavit 5.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4. 75 BOOK/PAGE: 2256 / 129 INSTRUMENT #: 2014-405 sub Total : 160.50 Receipt#: 2014121447 - Nortgage Tax --- cierk: PM Rec Date: 02/03/2014 01:49:00 PM Basic 412.50 Doc Grp: M special 206.25 Descrip: MORTGAGE Additional 181.25 Num Pgs: 23 Local 206.25 Rec'd Frm: INDECOMM HOLDINGS INC Sub Total : 1006.25 Party1: LADUE STEVEN Party2 : QUICKEN LOANS INC Town: NORTH ELBA Total : 1166.75 **** NOT BILL **** NOTICE: THIS 15 A ASSIGNED ***** ***** Mortgage Tax 02/06/2023 INSTR #: 2023-460 ΰ2 m 1 o ASSIGNED TO: Mtg Amt: 82500.00 ROCKET MORTGAGE LLC AKA Basic 412.50 QUICKEN LOANS LLC special 206.25 Additional 181.25 Local 206.25 Total : 1006.25 I hereby certify that the within and foregoing was recorded in the Essex County Clerk's Office Record and Return To: a Joseph A.Provoucha INDECOMM GLOBAL SERVICES Essex County Clerk 2925 COUNTRY DR SUITE 201 ST PAUL MN 55117-9969 7 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 R rn To: . Do ment anagement Qui e Loans Inc. 1050 oodward Ave De o t. MI 48226-1906 Prepared By: THIS PROPERTY,IS IMPROVED OR WILL Dalisa Brown BE SY A 1 OR 2 FAMILY DWELLING 1050 Woodward Ave Detroit. MI 48226-1906 (313)373-0000 . . When Recorded Retum To: indecomm Global Sand s . .. .. . . 2925 Country Drive St Paul, MN 55117 Words Used Often In This Document (A) "SecurityInstrument."Thisdocument, whichisdated January 21, 2014 , together with Instrument." all Riders to this document, will be called the "Security "Borrower." (B) Steven Ladue. a single man whose address is 43 Edward St . Saranac Lake, NY 12983 "Borrower" "I" "me." sornetimes will be called and sometimes sirnply or "MERS" that is (C) is Mongage Electronic Registration Systems, Inc. MERS is a separate corporation acting solely as a nominee for Lender and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, with a mailing address of P.O. Box 2026, Flint, MI 48501-2026, a street address of 1901 E Voorhees Street, Suite C, Danville, IL 61834 and tciephone number of (888) 679-MERS. FOR PURPOSES OF RECORDING THIS MORTGAGE, MERS IS THE MORTGAGEE OF RECORD. - · Block: Lot: Unit: amily#ennie MaeFNPddiS MacUNIFORM WITHMERS INSTRUMENT Form3023if05 alSerAces Page at 8 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 (D) "Lender "QUi Cken LOanS InC . "Lender." will be called Leader is a corporation or association which exists under the laws of the State of Michigan . Lender's address is 1050 Woodward Ave, Detroit, MI 48226-1906 "Note." (E) The note signed by Borrower and dated January 21. 2014 ,willbecalled "Note." Two the The Note shows that I owe Leader Eighty Thousand Five Hundred and 00/100 Dollars (U.S.s82,500.00 )piusinterestandotheramountathat may be payable. I bave mised to pay this debt in Periodic Payments and to pay the debt in full by February 1, 20 . "Property." (F) The property that is described below in the section titled "Description of the Property," "Property." will be called the "Loan." "Loan" (0) The means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. "SumsSecured." (H) Šhe amounts described below in the section titled "Borrower's Transfer to Property" Secured." Leader of Rights in the sometimes will be called the "Sums "Riders." (1) All Riders attached to this Security Instrument that are signed by Borrower will be called " "Riders The following Riders are to be signed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] Legal Attached "ApplicableLaw." (J) All controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable Law." final, non-appealable, judicial opinions will be called "Applicable (K) "Community AssociationDues, Fees, and Assessments."Allducs, fees,assessmentsand other charges that we imposed on Borrower or the Property by a condominium association, homeowners association or similar organization will be called "Community Association Dues, Fees, Assessments." and " Transfer" (L) "ElectronicFundsTransfer "Electronic Funds means any transfer of money, other than by check, draft, or similar paper instrument, which is initiated through an clectronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit cr credit an account. Some common examples of an Electronic Funds Transfer are point-of-sale transfers (where a card such as an asset or debit card is used at a merchant), automated tellermachine (or ATM) transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. ORK4ingleFamityfannieMan/FreeleMacUNIFORM WITHMERS INSTRUMENT Form30 0 Klamper Walters Financial Services Zof2 9 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 Items." Items." (M) "Escrow Those items that are described in Section 3 will be called "Escrow Proceeds" (N) "MiscellaneousProceeds.""Miscellaneous means any compensation, settlement, award of damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined in, and paid under the coverage described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) Condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of Condemnation or sale to avoid Condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. A taking of the Property by any governmental authority by eminent domain is known as "Condemnation." Insurance" Lender against the (0) "Mortgage Insurance.""Mortgage means insurance protecting nonpayment of, or default on, the Loan. "PeriodicPayment." (P) The regularly scheduled amount due for (i) principal and interest under the Payment." Note, and (s) any amounts under Section 3 will bc called "Periodic "RESPA." "RESPA" (Q) means the Real Estate Settlement Pmcedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the "RESPA" same subject matter. As used in this Security Instrument, refers to all requirements and loan" restrictions that are imposed in regard to a "federally related mortgage even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. Borrowers Transfer To Lander Of Rights In The Property I mortgage, grant and convey the Property to MERS (solely as nominee for Leader and Lender's successors in interest) and its successors in interest subject to the terms of this Security Instrument. This means that, by signing this Security Instrument, I am giving Leader those rights that are stated in this Security Instmment and also those rights that Applicable Law gives to lenders who hold mortgages on real property. I am giving Leader these rights to protect Leader from possible losses that might result if I thil to: (A) Pay all the amounts that I owe Leader as stated in the Note including, but not limited to, all renewals, extensions and modifications of the Note; (B) Pay, with interest, any amounts that Leader spends under this Security Instrument to protect the value of the Property and Lender's rights in the Property; and (C) Keep all of my other promises and agreements under this Security Instrument and the Note. I understand and agree that MERS holds only legal title to the rights granted by me in this Security Instmment, but, if necessary to comply with law or custom, MERS (as nominee for Leader and Leader's successors and assigns) has the right: (A) to exercise any or all of those rights, including, but not limited to, the right to foreclose and sell the Property; and (B) to take any action required of Leader including, but not limited to, releasing and canceling this Security Instrument. oFlK-Bingle FamilpFanale Mao/Feddie Fenn30331st 10 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 Description Of The Property I give MERS (solely as nominee for Leader and Leader's successors in interest) rights in the Property described in (A) through (G) below: (A) The Property which is located at 43 Edward St {Street] Saranac Lake Ichy, rows er vinagel New York 12983 [zipcoa.J. This Property is in Essex County. It bas the following legal description: "A" SEE EXHIBIT ATTACHED HERETO AND MADE A PART HERE0F. SUBJECT TO COVENANTS OF RECORD. The wi thin described premises are or are to be improved by 1 or 2 family residence or dwelling only. Property Type : Single Fami ly (B) All buildings and other improvements described in subsection (A) of that are located on the Property this section; (C) All rights in other property that I have as owner of the Property described in subsection (A) of this Property;" section. These rights are known as "easements and appurtenances attached to the (D) All rights that I have in the Iand which Lies in the streets or roads in front of, or next to, the Property described in subsection (A) of this section; (E) AU fixtures that arc now or in the future will be on the Property described in subsections (A) and (B) of this section; (F) All of the rights and property described in subsections (B) through (E) of this section that I acquire in the future; and (G) All replacements of or additions to the Property described in subsections (B) through (F) of this section and all Insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of the Property described in subsections (A) through (F) of this section. Borrowers Right To Mortgage The Property And Borrower's Obligation To Defend Ownership of The Property I promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for those which are of public record. . .... ..... NSW ingleFarnl5fanpleMaWFfeddle M IF 40331 woltmaKrumer Rnancialservices P e4of21 11 of 31 FILED: ESSEX COUNTY CLERK 09/29/2023 02:19 PM INDEX NO. CV23-0468 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/29/2023 I give a general warranty of title to Lender. This means that I will be fully responsible for any losses which Lcnder suffers becausc someone other than myself has some of the rights in the Propetty which I promise that I have. I promise that I will defend my ownership of the Property against any claitus of such rights. Plain Language Security Instrument This Security Instrument contains promises and agreements that are used in real property security instruments all over the country. It also contains other pr