Preview
FILED: NASSAU COUNTY CLERK 03/19/2021 03:05 PM INDEX NO. 617042/2019
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/19/2021
EXHIBIT G
12/09/2019 03:05
FILED: NASSAU COUNTY CLERK 03/19/2021 09:25 PM
AM INDEX NO. 617042/2019
1
NYSCEF DOC. NO. 26 12/09/2019
RECEIVED NYSCEF: 03/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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HSBC BANK USA, NATIONAL ASSOCIATION, AS
TRUSTEE FOR DEUTSCHE ALT-B SECURITIES INC.
MORTGAGE LOAN MORTGAGE PASS-
TRUST,
THROUGH CERTIFICATES SERIES 2006-AB4
Dated Filed:
Plaintiff, SUMMONS
Plaintiff designates
-against- Queens County
Premises Address:
1880 Longfellow Ave.
CACH LLC, East Meadow, NY 11554
Defendants.
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TO EACH OF 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 plaintiffs attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this
summons is not personally delivered to you within the State of New York. 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: December 4, 2019 By:
New Rochelle, New York Matthew mith, Esq.
McCabe, Weisberg & Conway, P.C.
145 Huguenot Street, Suite 499
New Rochelle, New York 10801
914.636.8900
914.636.8901 (fax)
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NYSCEF DOC. NO. 26 12/09/2019
RECEIVED NYSCEF: 03/19/2021
To:
CACH LLC
4340 South Monaco
Denver, CO 80237
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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HSBC BANK USA, NATIONAL ASSOCIATION, AS
TRUSTEE FOR DEUTSCHE ALT-B SECURITIES INC.
MORTGAGE LOAN MORTGAGE PASS-
TRUST,
THROUGH CERTIFICATES SERIES 2006-AB4
Index No.:
Dated Filed:
Plaintiff, COMPLAINT
against Plaintiff designates
Queens County
Premises Address:
1880 Longfellow Ave.
East Meadow, NY 11554
CACH LLC,
Defendant.
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Plaintiff by its attorney, MCCABE, WEISBERG & CONWAY, P.C. complaining of the
Defendants respectfully alleges, upon information and belief as follows:
1. At all times hereinafter mentioned, the Plaintiff is a corporation that is duly organized
and existing under and by virtue of the laws of the United States of America, having an office at
60 Wall St, New York, NY 10005.
2. Upon information and belief, Defendant CACH LLC is a business which exists
Under the laws of the United States of America, and has an office at 4340 South Monaco,
Denver, CO 80237.
3. Plaintiff is the owner in fee simple and entitled to possession of premises known in
Suffolk County Tax Id: Section: 50 Block: 441 Lot: 1, commonly known as and by the street
address 1880 Longfellow Ave., East Meadow, New York 11554 (hereinafter "Subject
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"A"
Property"). A description of the Subject Property is contained in the annexed Schedule
4. This action is bought pursuant to Real Property Actions and Proceedings Law §1352
[NYCLS] to foreclose a right, or rights, of redemption in and to the Subject Property.
5. Defendant is the owners and holders of a judgment/lien against the Subject Property.
Exhibit A.
6. Prior to the commencement of this action, Plaintiff was the owner and holder of a
note and a mortgage executed, acknowledged and delivered from MILDRED SCHMITTERER
and LANE PORTH (hereinafter, "Borrowers") to Plaintiff dated June 22, 2006 and recorded in
the NASSAU County Clerk's Office on September 13, 2006 in Liber: M 30972 at Page: 269.
7. Borrowers defaulted on the terms of the note and mortgage and Plaintiff elected to
commence a foreclosure action under index number 19126/2009. Exhibit B.
8. A Judgment of Foreclosure and Sale was granted on April 20, 2017 and a public sale
of said premises was held on August 8, 2017. Exhibit C.
9. The Subject Property was struck down to the Plaintiff and the Terms of Sale were
executed and delivered by and between Plaintiff and referee, Bruce Farquharson, Esq. Exhibit
D.
10. CACH LLC interest or lien in the Subject Property is subordinate to the lien of
the mortgage under which the foreclosure sale was held.
11. Notwithstanding, said defendant's were not made a party to the foreclosure
action and the premises was not offered for sale subject to the chain of said defendants.
12. Plaintiff purchased the premises in good faith, relying on the regularity and
sufficiency of the proceedings.
13. The failure to name CACH LLC in the foreclosure action was omission was an
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oversight or accidental, and was not due to fraud or willful neglect of the Plaintiff. Furthermore,
the Defendants were not prejudiced by the omission.
14. That amount due an owing the mortgagee in the foreclosure action pursuant to
Judgment of Foreclosure and Sale was approximately $812,410.06, plus advances, fees, costs,
and interest, no part of which has been paid except as it was paid by the proceeds of said sale,
under which the plaintiff herein claims.
15. Except as hereinabove stated no other action has been brought to recover said sums or
any party thereof.
16. A judgment will not affect a person or persons not in being or ascertained at the
commencement of this action, who by any contingency contained in a devise or grant or
otherwise, could afterward become entitled to a beneficial estate or interest in the property
involved. Every person in being who would have been entitled to such estate or interest if such
event had happened immediately before the commencement of the action is named as a party
thereto.
17. No personal claim is made against any defendants right of redemption and to the
effect that the defendants and every person or entity claiming under them barred from all claims
to an estate or interest in the Subject Property superior to the Plaintiff's mortgage.
18. No personal claim is made against the Defendant herein unless they shall assert a
claim adverse to the claim of the Plaintiff as set forth herein.
19. No other action has been brought to recover the said debt secured by the note and
mortgage except as hereinbefore alleged.
WHEREFORE, Plaintiff demands judgment as follows:
(a) That the rights, if any, of the Defendant in the premises subject hereto be fixed and
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determined;
(b) That the Defendant and all persons claiming under them be barred and forever
foreclosed of and from all right, title, interest, claim, lien, and equity of redemption in and to said
mortgaged premises, and each and every part thereof, unless said Defendant redeem said
premises and pay the mortgage debt with interest and costs to the Plaintiff within a period to be
fixed by the Court, in which event the subject mortgage shall be assigned to said Defendant;
(c) That the value of any and all improvements and repairs to the property made, together
with all taxes, assessments, water payments, condominium assessments, insurance premiums and
attorneys'
fees paid by the Plaintiff shall be added in computing the amount necessary to redeem
the premises as if same were a part of the mortgage debt;
(d) That upon the failure of said Defendant to redeem said premises, then said Defendant
and all persons claiming under them shall be precluded from redeeming and shall be forever
barred from claiming any right title or interest in said property;
(e) That Plaintiff be adjudged the sole and lawful owner of the aforementioned premises
free of any and all claims of Defendant; and
(f) For such other and further relief as this Court may deem just and proper.
Dated: December 4, 2019 By
New Rochelle, New York Matthe Smith, Esq.
McCabe, Weisberg, and Conway, P.C.
145 Huguenot Street, Suite 499
New Rochelle, New York 10801
914.636.8900
914.636.8901 (fax)
6 of 10
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F: LED: NASSAU COUNTY
NASSAU COUNTY CLERK
CLERK 03/19/2021
12/0972019 03:05
09:25 PM
AM)
INDEX
INDEX NO. 617042/2019
NO. 617042/2019
NYSCEF DOC.
NY3CEF DOC. NO. 26
NO. 1 RECEIVED
RECEIVED NYSCEF: 03/19/2021
NYSCEF: 12/09/2019
TRANSCRIPT 0F JUDGMENT Index Number CV-028895-12/NA
TRADE 0R
JUDGMENT DEBTOR & ADDRESS JUDGMENT CREDITOR & ADDRESS
PROFESSION
(1) Lane Porth Unknown I(1) CACH LLC
1880 Longfellow Ave, East
Meadow, NY 11554 4340 SOUTH MONACO, DENVER, 00 80237-3485
JUDGMENT DOCKETED Attomey for Judgment Creditor REMARKS: DÃd manner of
JUDGMENT RENDERED AMOUNT
Name & Address change of Status and Judgment
Date Date 02/05/2013
Damages $1,242.86 Daniels Norelli Scully & Cecere
Hr. & Min, Nassau
County Costs $200.00 Old Country Road, Suite LL5,
Index No. Court Nassau County Cade Place, NY 11514-
Other Fees $23.91
District Court-1st
District Total $1,466.77
Hr. & Min. 02:53 PM
EXECUTION
SATISFIED
RETURNED
UNSATISFIED WHEN HOW & TO WHAT EXTENT
State of New York I, the undersigned judge|clerk of Nassau County District Court -1st District held at 99 Main Street, Hempstead, NY
11550, do hereby certify that the above is a correct transcription from the docket of the above judgment. I further
County of Nassau
certify that defendants, and/or debtors have been summoned, proof of which is filed with the above referenced court.
Nassau County District Court - 1s1 In testimony whereof, I have hereunto set
my name and afhed my official seal on this date: March 04, 2013
District
0 -----.----..
Sandra Lee, Clerk Civil Term
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D Page 1 of 1
O
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FILED:
FILED: NASSAU COUNTY
NASSAU COUNTY CLERK
CLERK 03/19/2021
12/09/2019 03:05
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AMI
INDEX
INDEX NO. 617042/2019
NO. 6170 42 /2019
NYSCEF DOC.
NYSCEF DOC. NO. 26
NO. 1 RECEIVED
RECEIVED NYSCEF: 03/19/2021
NYSCEF: 12/09/2019
TRÃNSCRiFi OF JUDGMENT Index Number CV-022141-13/NA
TRADEOR
JUDGMENTDEBTOR& ADDRESS JUDGMENTCREDITOR& ADDRESS
PROFESSION
(1) Lane Porth Unknown (1) CACHLLC
1880 Lonpellow Ave, East Meadow, New York 11554 4340 S MONACO2ND FLR,DENVER,Colorado80237-3485
JUDGMENTDOCKETED JUDGMENTRENDERED AMOUNT Attomey for JudgmentCreditor REMARKS:Dateand mannerof
Name& Address changeof Statusand Judgment
Date Date 12/02/2013 $2,81383 DanielsNorelhScully & Cecere
Damages
PC
Hr. & M1n. County Nassau
Costs $200.00 1 Old
Country Road,Suite LLS,
IndexNo Court Nassau County
Other Fees $23.91
DistrictCourt - ist
District Total $3,037.74
Hr. & Min 09:15AM
EXECUTION SATISFIED
RETURNED
UNSATlSFIED WHEN H0W & TO WHAT EXTENT
Stateof New York I, the undersignedjudge/clerkof NassauCounty DistnctCourt-1st Districtheld at 99 Main Street,Hempstead,NY
11550,do herebycerbfy that the aboveis a correcttranscriptionfrom the docketof the abovejudgment.I further
Countyomassau
certify that defendants,and/ordebtorshave been symmonsd, proofof whichis filed with the abovereferencedcourt.
date·
NassauCounty DistrictCourt-1st In testimonywhereof, I havehereuntoset my nameand affixed my offical seal on this December17, 2013
District
d
Sandra Lee, Chrk CMI Term
o
Page 1 of 1
0.
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FILED: NASSAU COUNTY
NASSAU COUNTY CLERK
CLERK 03/19/2021
12/0972019 03:05
09:25 PM
AM)
INDEX
INDEX NO. 617042/2019
NO. 617042/2019
NYSCEF DOC.
NYSCEF DOC. NO. 26
NO. 1 RECEIVED
RECEIVED NYSCEF: 03/19/2021
NYSCEF: 12/09/2019
TRANSCRIPT0F jüDGMENT Index Number CV-012713-13/NA
TRADEOR
JUDGMENTDEBTOR& ADDRESS JUDGMENTCREDITOR& ADDRESS
PROFESSION
'R'
(1) Lane Perth Unknown (1) Camps Us NewYork LLC
188DLonpellow Ave, East Meadow, NY 11554 17B E Old CountryRd Ste 306, Hicksvile, NY 11801
JUDGMENTDOCKETED JUDGMENTRENDERED AMOUNT A#omey b Mgment Cre M REMS. Dateand mannerof
Name& Address changeof StatusandJudgment
Date Date 08/14/2014
Damages $2,43184 Weinstein,Kaplan& CohenPC
1325 FranklinAve Ste 210,
Hr & Min County Nassau
Costs $105.00 GardenCity, NY 11530·
Index No. Court NassauCounty
DistrictCourt-1st
District Total $2,560.68
Hr & Min 03 58 PM
EXECUTION SATISFIED
RETURNED
UNSATISFIED WHEN HOW& TO WHAT EXTENT
. .... .
State of NewYork I, the undersignedjudgelclerkof NassauCounty Distnct Court-1st Distnctheld at 99 Main Street,Hempstead,NY
11550, do herebycertify thatthe aboveis a correcttranscripbonImm the docketof the abovejudgment I further
County of Nassau
certify that defeñdañts,and/ordebtorshave been summoned,proof of wNch is filed with the abovereferencedcourt
Nassau County DistnctCourt - 1st In testimonywhereof, Ihave hereuntoset my name and affixed my officialseal on this date:August 14, 2014
DIstnct
N
O Sandra Lee, ClerkCivil Term
N
o
Page 1 of 1
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NYSCEF DOC. NO. 26 12/09/2019
RECEIVED NYSCEF: 03/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_____________________________________________________-------------X
HSBC BANK USA, NATIONAL ASSOCIATION, AS
TRUSTEE FOR DEUTSCHE ALT-B SECURITIES INC.
MORTGAGE LOAN MORTGAGE PASS-
TRUST,
THROUGH CERTIFICATES SERIES 2006-AB4
Plaintiff, Index No.:
Dated Filed:
-against-
CACH LLC,
Defendant.
_________________________________________________________------------X
SUMMONS AND COMPLAINT
McCabe, Weisberg & Conway, P.C.
145 Huguenot Street, Suite 499
New Rochelle, New York 10801
914.636.8900
914.636.8901 (fax)
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AM INDEX NO. 617042/2019
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NYSCEF DOC. NO. 26 12/10/2019
RECEIVED NYSCEF: 03/19/2021
EXHIBIT A
FILED:
FILED : NASSAU COUNTY
NASSAU COUNTY CLERK
CLERK 03/19/2021
12/10/2019 03:05
09: 2 4 PM
AM|
INDEX
INDEX NO. 617042/2019
NO. 617042/2019
NYSCEF DOC.
NYSCEF DOC. NO. 26
NO. 2 RECEIVED
RECEIVED NYSCEF: 03/19/2021
NYSCEF: 12/10/2019
TRANSCRIPTOFJUDGMENT Index Number CV-028895-12/NA
TRADEOR
JUDGMENTDEBTOR& ADDRESS JUDGMENTCREDITOR&ADDRESS
pgogg33
(1) Lane Porth Unknown I(1) CACHLLC
1880Lonpellow Ave, East Meadow, NY 11554 :4340 SOUTHMONACO,DENVER,CO 80237-3485
JUDGMENTDOCKETED JUDGMENTRENDERED AMOUNT Ahmey fowgment Cdor REM Dak and mannerof
Name& Address changeof Statusand Judgment
Date Date 02/05/2013
Damages $1,242.86 DanielsNorelliScully & Cecere
Hr. & Min. Nassau
County Costs $200.00 Old CountryRoad, Suite LL5,
hidex No. ! Court NassauCounty Cade Place, NY 11514-
Other Fees $23.91
DistrictCourt-1st
District Total $1,466J7
Hr. & Min. 02:53PM
_....--
EXECUTION
SATISFIED
RETURNED
UNSATlSFIED & TO WHATEXTENT
State of NewYork -
1,the undersgnedjudgelderk of NassauCounty DistrictCourt 1st Districtheldat 99 MainStreet,Hempstead,NY
11550,do herebycertify that theaboveis a correctkndphn from the docket ofthe abovejudgment I further
County of Nassau
certify that defendants, and/ordebtorshave been summoned,proof of which is liled withthe abovereferencedcourt.
Nassau County DistrictCourt - 1st In testimonywhereof, Ihave hereurto set my nameand affixed my officialsealon this date:March04, 2013
District
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N
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Sandra Lee, Clerk CivilTerm
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FILED:
FILED: NASSAU COUNTY
NASSAU COUNTY CLERK
CLERK 03/19/2021
12/10/2019 03:05
09:24 PM
AM)
INDEX
INDEX NO. 617042/2019
NO. 617042/2019
NYSCEF DOC.
NYSCEF DOC. NO. 26
NO. 2 RECEIVED
RECEIVED NYSCEF: 03/19/2021
NYSCEF: 12/10/2019
,
TRANSCRIPT0FJUDGMENT IndexNumber CV-022141-13/NA
TRADEOR
JUDGMENTDEBTOR& ADDRESS PROFESSION
JUDGMENTCREDITOR
&ADDRESS
(1)LanePorth Unknown (1)CACHLLC
1880LongfellowAve,EastMeadow,NewYork11554 Colorado80237-3485
14340SMONACO2NDFLR,DENVER,