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  • Hsbc Bank Usa, National Association As Trustee For DEUTSCHE ALT-B SECURITIES INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB4 v. Cach Llc, Camps R Us New York Llc Special Proceedings - Other (REal property actions law) document preview
  • Hsbc Bank Usa, National Association As Trustee For DEUTSCHE ALT-B SECURITIES INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB4 v. Cach Llc, Camps R Us New York Llc Special Proceedings - Other (REal property actions law) document preview
  • Hsbc Bank Usa, National Association As Trustee For DEUTSCHE ALT-B SECURITIES INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB4 v. Cach Llc, Camps R Us New York Llc Special Proceedings - Other (REal property actions law) document preview
  • Hsbc Bank Usa, National Association As Trustee For DEUTSCHE ALT-B SECURITIES INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB4 v. Cach Llc, Camps R Us New York Llc Special Proceedings - Other (REal property actions law) document preview
  • Hsbc Bank Usa, National Association As Trustee For DEUTSCHE ALT-B SECURITIES INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB4 v. Cach Llc, Camps R Us New York Llc Special Proceedings - Other (REal property actions law) document preview
  • Hsbc Bank Usa, National Association As Trustee For DEUTSCHE ALT-B SECURITIES INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB4 v. Cach Llc, Camps R Us New York Llc Special Proceedings - Other (REal property actions law) document preview
  • Hsbc Bank Usa, National Association As Trustee For DEUTSCHE ALT-B SECURITIES INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB4 v. Cach Llc, Camps R Us New York Llc Special Proceedings - Other (REal property actions law) document preview
  • Hsbc Bank Usa, National Association As Trustee For DEUTSCHE ALT-B SECURITIES INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB4 v. Cach Llc, Camps R Us New York Llc Special Proceedings - Other (REal property actions law) document preview
						
                                

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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 ---------------------------------------------------------------------X 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. ---------------------------------------------------------------------X 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) 1 of 10 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 To: CACH LLC 4340 South Monaco Denver, CO 80237 2 of 10 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 ------------------------------ ------------------------------X 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. --------------------------------------------------------------------X 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 3 of 10 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 "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 4 of 10 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 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 5 of 10 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 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 FILED: 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 _ _ _ D Page 1 of 1 O 7 of 10 FILED: FILED: NASSAU COUNTY NASSAU COUNTY CLERK CLERK 03/19/2021 12/09/2019 03:05 09:25 PM 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. 8 of 10 FILED: 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 0. 9 of 10 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 _____________________________________________________-------------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) 10 of 10 12/10/2019 03:05 FILED: NASSAU COUNTY CLERK 03/19/2021 09:24 PM AM INDEX NO. 617042/2019 2 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 O N ------ Sandra Lee, Clerk CivilTerm - -- 0. Page 1 of 1 O 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,