Preview
FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
- - - - - - - - - - - - - - - - - - - - - x
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO. :
SERVICING, Date Filed:
Plaintiff (s) , SUMMONS
-against-
Plaintiff designates
RYAN ANDERSON, ROBERT PACKER HOSPITAL, TIOGA County as the
place of trial
DOE #1" through " Venue upon
"JOHN "JOHN DOE #12, the is based
last twelve names being fictitious and County in which the
unknown to Plaintif f , the persons or premises are situated
parties intended being the tenants,
occupants, persons or corporations, if Premises:
any, having or claiming an interest in or 539 FULTON STREET
lien upon the premises, described in the WAVERLY, NY 14892
complaint,
Defendant (s) .
To Tss ABova-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of
youranswer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the
Plaintiff's Attorney within twenty (20) days after the service of this Summons, exclusive of the day of
service (or within thirty (30) days after the service is complete if this Summons is not personally delivered
to you within the State of New York) in the event the United States of America is made a party Defendant,
the time to answer for the said United States of America shall not expire until sixty (60) days after service
of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the Complaint.
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer on the
attorney for the mortgage company who filed this foreclosure proceeding against you and filing the
answer with the court, a default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for further information on
how to answer the summons and protect your property.
Sending a payment to the mortgage company will not stop the foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY
FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE
COURT.
Dated: October 2, 2023
Armonk, New York
LEOPOLD & ASSOCIATES, C
BY: Andrey ‚ Reznik, Esq.
Attorneys for Plaintiff
80 Business Park Drive, Suite 110
Armonk, NY 10504
914 -219-5787
To:
Ryan Anderson
539 Fulton Street
Waverly, NY 14892
Robert Packer Hospital
1 Guthrie Square
Sayre , PA 18840
Occupant
539 Fulton Street
Waverly, NY 14892
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Help 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.eov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have
the right to stay in your home during the foreclosure process. You are not required to
leave your home unless and until your property is sold at auction pursuant to a
judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED
TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with
state and local law.
Foreclosure rescue scams
"save"
Be careful of people who approach you with offers to your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit from
a homeowner'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 16
FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO.:
SERVICING, Date Filed:
Plaintiff (s), COMPLAINT
-against-
RYAN ANDERSON, ROBERT PACKER HOSPITAL,
#1" #12,"
"JOHN DOE through "JOHN DOE 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).
The Complaint of the above-referenced Plaintiff, by its attorneys,
Leopold & Associates, PLLC, complains and alleges upon information and
belief as follows:
NATUREOFTHIS ACTION
1. This action is brought and pursuant to Article 13 of the Real
Property Actions and Proceedings Law (RPAPL) for foreclosure of the
mortgage and note described below.
2. The premises (hereinafter referred to as "Subject Property")
which forms the subject of this action is fully described in Schedule
"A"
attached hereto.
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PARTIES
3. At all times hereinafter mentioned, Plaintiff was and remains,
organized and existing under the laws of the United States of America or
of the State of its formation.
4. Upon information and belief, Defendant RYAN ANDERSON is the
mortgagor pursuant to the Subject Mortgage.
5. At all relevant times, mortgagor maintains a residence within
the State of New York. The description and interest of the above-
referenced Defendant(s) is more fully set forth in Schedule "B". See
RPAPL §§ 1311, 1312, and 1313.
6. Upon information and belief, the remaining Defendant(s), if
any and not further set forth herein below, are identified and named for
the reasons set forth in Schedule "B". See RPAPL §§§ 1311, 1312, and
1313.
#1" #12"
7. Defendants "JOHN DOE through "JOHN DOE are additional
persons or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon the
Subject Property. See RPAPL §§§ 1311, 1312, and 1313.
RELEVANTFACTS
8. On or about July 6, 2021, RYAN ANDERSON duly executed,
acknowledged, and delivered a note (hereinafter referred to as the
"Subject Note"), wherein and whereby RYAN ANDERSON promised to repay the
sum of $112,530.00 in monthly payments plus interest, taxes, assessments,
leasehold payments or ground rents (if any), together with hazard and
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mortgage insurance as more fully set forth therein. Annexed hereto as
"A" Subject
Exhibit is a copy of the Note.
9. On or about July 6 , 2021, as collateral and to secure the
repayment of the sum represented by the Subject Note, RYAN ANDERSON,
duly executed, acknowledged and delivered to the Plaintiff or Plaintiff's
assignor a mortgage in the same amount which was recorded on November 3,
2021, in Instrument 2021-00005405 in the public records of Tioga County,
New York (hereinafter referred to as the "Subject Mortgage"), and the
mortgage tax was duly paid.
10. Plaintiff, directly or through an agent maintains physical
and/or constructive possession of the Subject Note, which Note is secured
by the Subject Mortgage, and the Subject Note is made either payable to
Plaintiff or is duly indorsed having been delivered to Plaintiff and/or
such party having delegated authority to Plaintiff, prior to the
commencement of the instant action.
11. The Subject Mortgage secures the real property commonly known
as 539 FULTON STREET, WAVERLY, NY 14892 and by Section: 166.15, Block:
1, Lot: 33, together with all fixtures, appurtenances, and articles of
personal property annexed thereto, installed therein, or used in
connection with the Subject Property in addition to all right, title,
and interest of the Defendants in and to the land lying in the streets
and roads in front of and adjoining said Subject Property. Annexed hereto
Schedule "A"
as is a copy of the legal description.
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12. Thereafter, the Subject Mortgage was transferred to Plaintiff
via an Assignment of Mortgage , thereby memorializing delivery of the
Subj ect Note as referenced hereinabove.
13 . Now, as the owner and/or holder of the Subject Note and
Subject Mortgage, or having been delegated the requisite authority to
commence a mortgage foreclosure action by the owner and/or holder of the
Subject Note and Subject Mortgage, Plaintiff further complains and
alleges upon information and belief as follows:
ASANDFORAFIRSTCAUSEOFACTION
14. That Plaintif f repeats and realleges each and every allegation
"1" "13"
contained in paragraphs through paragraphs above with the same
force and effect as if set forth at length herein.
15. That RYAN ANDERSON defaulted on his obligation having failed
to comply with the conditions of the Subject Note by withholding the
payment amount that became due on June 1, 2023, and plaintiff is entitled
to enforce its security interest pursuant to the terms of the Subject
Mortgage. As of October 2, 2023, said default has not been cured. There
is now the amount of $108,963.64, plus interest, taxes, assessments,
leasehold payments or ground rents (if any), together with hazard and
mortgage insurance, if applicable, due and owing to Plaintif f .
16. That upon information and belief , Plaintif f has duly notif ied
the Mortgagor(s) to the extent required by the underlying loan documents,
however, Defendant(s) continued default remains uncured.
17. That Plaintif f has complied with those provisions of RPAPL §§
1304 and 1306 to the extent the instant circumstances require.
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18. That by reason of the aforementioned default(s), Plaintiff
hereby declares the balance of the principal indebtedness to be
immediately due and owing.
19. That based upon the foregoing, there is now due and owing from
the Borrower to the Plaintiff, the principal sum of $108,963.64 plus
interest thereon from May 1, 2023, in addition to those accumulated late
charges and those recoverable monies advanced by Plaintiff and/or
Plaintiff's predecessor-in-interest on behalf of RYAN ANDERSON together
attorneys'
with all costs, including but not limited to, fees,
disbursements, and further allowances provided pursuant to the
underlying loan documents and applicable law in bringing any action to
protect the Mortgagee's interest in the Subject Property.
20. That Plaintiff shall not be deemed to have waived, altered,
released or changed the election hereinbefore made by reason of the
payment after the date of the commencement of this action, of any or all
of the defaults mentioned herein; and such election shall continue and
remain effective until the costs and disbursements of this action, and
any and all future defaults under the Subject Note and Subject Mortgage,
and occurring prior to the discontinuance of this action are fully paid.
21. That to protect its security afforded by the Subject Note and
Subject Mortgage, it may be necessary for the Plaintiff to pay taxes,
assessments, water rates and insurance premiums which are, or may become
liens on the Subject Property, and any other charges for the protection
of the Subject Property, and Plaintiff hereby demands that any amounts
which may be so expended shall be added to the amount of the principal
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sum secured by said Subject Note and Subject Mortgage, together with
interest from the time of any such payment, and that the same be paid to
the Plaintiff from the proceeds of the foreclosure sale herein.
22. That Plaintiff further alleges that all Defendant(s),
including those not specifically identified as executors of the
underlying loan documents, have or may claim to have, some interest in,
or lien upon the Subject Property, or some part thereof, which interest
or lien, if any, is subject and subordinate to the lien of the mortgage
being foreclosed herein.
23. That the sale of the Subject Property and title thereto are
subject to the
Preview
FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA - - - - - - - - - - - - - - - - - - - - - x NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO. : SERVICING, Date Filed: Plaintiff (s) , SUMMONS -against- Plaintiff designates RYAN ANDERSON, ROBERT PACKER HOSPITAL, TIOGA County as the place of trial DOE #1" through " Venue upon "JOHN "JOHN DOE #12, the is based last twelve names being fictitious and County in which the unknown to Plaintif f , the persons or premises are situated parties intended being the tenants, occupants, persons or corporations, if Premises: any, having or claiming an interest in or 539 FULTON STREET lien upon the premises, described in the WAVERLY, NY 14892 complaint, Defendant (s) . To Tss ABova-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of youranswer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party Defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 16 FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: October 2, 2023 Armonk, New York LEOPOLD & ASSOCIATES, C BY: Andrey ‚ Reznik, Esq. Attorneys for Plaintiff 80 Business Park Drive, Suite 110 Armonk, NY 10504 914 -219-5787 To: Ryan Anderson 539 Fulton Street Waverly, NY 14892 Robert Packer Hospital 1 Guthrie Square Sayre , PA 18840 Occupant 539 Fulton Street Waverly, NY 14892 2 of 16 FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 Help 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.eov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure rescue scams "save" Be careful of people who approach you with offers to your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner'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 16 FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO.: SERVICING, Date Filed: Plaintiff (s), COMPLAINT -against- RYAN ANDERSON, ROBERT PACKER HOSPITAL, #1" #12," "JOHN DOE through "JOHN DOE 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). The Complaint of the above-referenced Plaintiff, by its attorneys, Leopold & Associates, PLLC, complains and alleges upon information and belief as follows: NATUREOFTHIS ACTION 1. This action is brought and pursuant to Article 13 of the Real Property Actions and Proceedings Law (RPAPL) for foreclosure of the mortgage and note described below. 2. The premises (hereinafter referred to as "Subject Property") which forms the subject of this action is fully described in Schedule "A" attached hereto. 4 of 16 FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4. Upon information and belief, Defendant RYAN ANDERSON is the mortgagor pursuant to the Subject Mortgage. 5. At all relevant times, mortgagor maintains a residence within the State of New York. The description and interest of the above- referenced Defendant(s) is more fully set forth in Schedule "B". See RPAPL §§ 1311, 1312, and 1313. 6. Upon information and belief, the remaining Defendant(s), if any and not further set forth herein below, are identified and named for the reasons set forth in Schedule "B". See RPAPL §§§ 1311, 1312, and 1313. #1" #12" 7. Defendants "JOHN DOE through "JOHN DOE are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313. RELEVANTFACTS 8. On or about July 6, 2021, RYAN ANDERSON duly executed, acknowledged, and delivered a note (hereinafter referred to as the "Subject Note"), wherein and whereby RYAN ANDERSON promised to repay the sum of $112,530.00 in monthly payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and 5 of 16 FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 mortgage insurance as more fully set forth therein. Annexed hereto as "A" Subject Exhibit is a copy of the Note. 9. On or about July 6 , 2021, as collateral and to secure the repayment of the sum represented by the Subject Note, RYAN ANDERSON, duly executed, acknowledged and delivered to the Plaintiff or Plaintiff's assignor a mortgage in the same amount which was recorded on November 3, 2021, in Instrument 2021-00005405 in the public records of Tioga County, New York (hereinafter referred to as the "Subject Mortgage"), and the mortgage tax was duly paid. 10. Plaintiff, directly or through an agent maintains physical and/or constructive possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 11. The Subject Mortgage secures the real property commonly known as 539 FULTON STREET, WAVERLY, NY 14892 and by Section: 166.15, Block: 1, Lot: 33, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the Subject Property in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of and adjoining said Subject Property. Annexed hereto Schedule "A" as is a copy of the legal description. 6 of 16 FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 12. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of Mortgage , thereby memorializing delivery of the Subj ect Note as referenced hereinabove. 13 . Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commence a mortgage foreclosure action by the owner and/or holder of the Subject Note and Subject Mortgage, Plaintiff further complains and alleges upon information and belief as follows: ASANDFORAFIRSTCAUSEOFACTION 14. That Plaintif f repeats and realleges each and every allegation "1" "13" contained in paragraphs through paragraphs above with the same force and effect as if set forth at length herein. 15. That RYAN ANDERSON defaulted on his obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on June 1, 2023, and plaintiff is entitled to enforce its security interest pursuant to the terms of the Subject Mortgage. As of October 2, 2023, said default has not been cured. There is now the amount of $108,963.64, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintif f . 16. That upon information and belief , Plaintif f has duly notif ied the Mortgagor(s) to the extent required by the underlying loan documents, however, Defendant(s) continued default remains uncured. 17. That Plaintif f has complied with those provisions of RPAPL §§ 1304 and 1306 to the extent the instant circumstances require. 7 of 16 FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 18. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 19. That based upon the foregoing, there is now due and owing from the Borrower to the Plaintiff, the principal sum of $108,963.64 plus interest thereon from May 1, 2023, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff's predecessor-in-interest on behalf of RYAN ANDERSON together attorneys' with all costs, including but not limited to, fees, disbursements, and further allowances provided pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee's interest in the Subject Property. 20. That Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the Subject Note and Subject Mortgage, and occurring prior to the discontinuance of this action are fully paid. 21. That to protect its security afforded by the Subject Note and Subject Mortgage, it may be necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the Subject Property, and any other charges for the protection of the Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal 8 of 16 FILED: TIOGA COUNTY CLERK 10/11/2023 01:27 PM INDEX NO. 2023-00063200 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/11/2023 sum secured by said Subject Note and Subject Mortgage, together with interest from the time of any such payment, and that the same be paid to the Plaintiff from the proceeds of the foreclosure sale herein. 22. That Plaintiff further alleges that all Defendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 23. That the sale of the Subject Property and title thereto are subject to the