Preview
FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/11/2023
Exhibit 1
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
Gulf Harbour Investments Corporation, SUMMONS
Plaintiff, INDEX NO.:
vs. MORTGAGED PREMISES:
Avi Foox; RAB Performance Recoveries LLC; 58 Darcey Avenue
American Express Centurion Bank; Unifund CCR Staten Island, New York 10314
Partners; John Doe #1 through #6, and Jane Doe
#1 through #6, the last twelve names being Block: 2086 Lot: 29
fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an
interest in or lien upon the premises being
foreclosed herein,
Defendants.
THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and
to serve a copy of your Answer 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 completion of service
where service is made in any other manner than by personal delivery within the State. The United
States of America, if designated as a Defendant in this action, may answer or appear within sixty (60)
days of service hereof. In case of your failure to appear or answer, judgment will be taken against you
by default for the relief demanded in the Complaint.
Richmond County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
Date: May 24, 2021
By: _____________________________
Christina A. Incorvaia, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff
Gulf Harbour Investments Corporation
File No. 9462-6100
9462-6100
1 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
Special Summons Requirement Pursuant to RPAPL §1320
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 your mortgage company will not stop this
foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON
THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY)
AND FILING THE ANSWER WITH THE COURT.
9462-6100
2 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
9462-6100
3 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DÍAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICIÓN
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACÍON.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
O
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
9462-6100
4 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
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 1-877-BANK-NYS (1-877-226-
5697) or visit the department’s website at: http://www.dfs.ny.gov
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
Be careful of people who approach you with offers to “save” your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit
from a 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.
9462-6100
5 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
NOTICE TO TENANTS OF BUILDINGS IN
FORECLOSURE
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
We, Gulf Harbour Investments Corporation, are the foreclosing party and are
located c/o our servicer, Specialized Loan Servicing LLC, at 6200 S. Quebec Street,
Greenwood Village, CO 80111. We can be reached at 1-800-306-6062.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the lease
requires payment of rent that at the time it was entered into was not substantially
less than the fair market rent for the property, you may be entitled to remain in
your home until 90 days after any person or entity who acquires title to the
property provides you with a notice as required by section 1305 of the Real
Property Actions and Proceedings Law. The notice shall provide information
regarding the name and address of the new owner and your rights to remain in
your home. These rights are in addition to any others you may have if you are a
subsidized tenant under federal, state or local law or if you are a tenant subject to
rent control, rent stabilization or a federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS
ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO
EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED
BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN
RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO
BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE
BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY
OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND
AFTER A FULL HEARING IN COURT.
If you need further information, please call the New York State Department of
Financial Services toll-free helpline at 1-877-BANK-NYS (1-877-226-5697) or visit
the Department's website at http://www.dfs.ny.gov.
9462-6100
6 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
Gulf Harbour Investments Corporation, COMPLAINT FOR MORTGAGE
FORECLOSURE
Plaintiff,
INDEX NO.:
vs.
MORTGAGED PREMISES:
Avi Foox; RAB Performance Recoveries LLC;
American Express Centurion Bank; Unifund CCR
58 Darcey Avenue
Partners; John Doe #1 through #6, and Jane Doe
Staten Island, New York 10314
#1 through #6, the last twelve names being
fictitious, it being the intention of Plaintiff to
Block: 2086 Lot: 29
designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an
interest in or lien upon the premises being
foreclosed herein,
Defendants.
Plaintiff, Gulf Harbour Investments Corporation (“Plaintiff”), by its Counsel, McCalla Raymer
Leibert Pierce, LLC, and for its Complaint against the above named Defendants, alleges as follows:
1. Plaintiff, a corporation, having an address c/o its servicer, Specialized Loan Servicing LLC,
6200 S. Quebec Street, Greenwood Village, CO 80111, is the owner and holder of the note and
mortgage to be foreclosed in this action, or has been delegated the authority to institute a mortgage
foreclosure action by the owner and holder of the subject note and mortgage. Plaintiff is duly licensed
and/or organized under the laws of the United States of America or a state therein.
2. Plaintiff has the right to foreclose. The originals of the subject mortgage and note are in the
foreclosing entity's “possession and control” or that of the custodian.
3. On or about September 21, 2005, Defendant Avi Foox executed and delivered to E-Loan, Inc. a
certain note (the “Note”) whereby he bound himself in the amount of $81,000.00, together with accrued
interest on the unpaid principal balance and such other amounts until paid, pursuant to the terms of the
Note. The Note bears an initial interest rate of 8.125%. A copy of the Note is attached hereto as Exhibit
9462-6100
7 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
“A”.
4. To secure payment of the Note, Defendant Avi Foox granted a mortgage (the “Mortgage”)
against the property owned by him located at 58 Darcey Avenue, Staten Island, New York 10314 (the
“Mortgaged Premises”) to Mortgage Electronic Registration Systems, Inc., as nominee for E-Loan,
Inc., its successors and assigns, in the amount of $81,000.00 on September 21, 2005. The Mortgage
was recorded in the Richmond County Clerk's Office on December 21, 2005 as Land Document No.
93407 at which time the mortgage recording tax was duly paid. A copy of the Mortgage is attached
hereto as Exhibit “B”.
5. The Mortgage has been assigned as follows:
(a) From Mortgage Electronic Registration Systems, Inc., as nominee for E-Loan, Inc., its
successors and assigns, to E*Trade Bank by Assignment of Mortgage dated July 20, 2011 and
recorded in the Richmond Clerk's Office on August 1, 2011 as Land Document No. 389841. A copy
of the Assignment of Mortgage is attached hereto as Exhibit “B”.
(b) From E*Trade Bank to Gulf Harbour Investments Corporation by Assignment of Mortgage
dated February 28, 2019 and recorded in the Richmond Clerk's Office on March 20, 2019 as Land
Document No. 733300. A copy of the Assignment of Mortgage is attached hereto as Exhibit “B”.
6. The tax map designation of the Mortgaged Premises is known as or part of Block: 2086 Lot: 29.
The full legal description of the Mortgaged Premises is attached hereto as Exhibit “C”.
7. The Defendant referenced in paragraphs 3 and 4 above has failed to comply with the terms of the
Note and/or Mortgage by failing to pay the monthly payment amount due for May 31, 2015 and each
subsequent payment that has come due thereafter, together with any other amounts for taxes,
assessments, water rates, escrow, insurance premiums and/or any other charges that have come due and
are payable under the terms of the Note and Mortgage since the date of default set forth above.
9462-6100
8 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
8. The requisite contractual notice, if applicable, was sent by Plaintiff's servicer in accordance with
the terms of the Mortgage notifying the borrower of the default, advising of the actions necessary to
cure said default, the date by which to cure being at least thirty (30) days from the date of said notice,
and advising of the borrower’s right to present a defense to the lawsuit. Despite the written demands,
the default has not been cured. As a result, Plaintiff hereby elects and demands that the entire principal
sum due on the Note, along with all unpaid interest, advances, fees and costs are accelerated and are
now due and payable.
9. As of the date of default, the principal balance due and owing pursuant to the terms of the Note
and/or Mortgage is $53,572.23, together with accrued interest, taxes, assessments, water rates,
maintenance, late fees, insurance premiums, escrow advances, reasonable attorneys' fees, and any other
charges that are validly due and owing pursuant to the terms of the Note and/or Mortgage, to be
calculated and established at the time Plaintiff applies for Judgment of Foreclosure or Sale.
10. In order to protect its security, Plaintiff (directly and/or through its servicer or agent) has made
advances, or may be obligated during the pendency of this action to make advances, for the payment of
taxes, insurance premiums and other necessary charges affecting the Mortgaged Premises. Any such
sums advanced under the terms of the Note, together with interest (to the extent allowed), are to be
added to the sum otherwise due on and be deemed secured by the Mortgage.
11. All Defendants herein may have, or claim to have, some interest in, or lien upon the Mortgaged
Premises or some part thereof, which interest or lien, if any, has accrued subsequent and/or subject to
the lien of Plaintiff's Mortgage.
12. The Defendants identified more fully in Exhibit “D” are made parties solely for the reasons set
forth in said Exhibit.
13. Defendants, John Doe #1 through 6 and Jane Doe #1 through 6, are unknown occupants, if any
exist, of the Mortgaged Premises being foreclosed or may be any persons or entities of any kind
9462-6100
9 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
otherwise claiming a lien or interest in or against the Mortgaged Premises.
14. Plaintiff has complied with the applicable provisions of RPAPL §1304 and the Banking Law,
specifically §§595-a, 6-1 and/or 6-m if applicable, in that the requisite notice was sent by its servicer, in
at least fourteen point type, and containing a current list of at least five housing counseling agencies
serving the county where the property is located from the most recent listing available from department
of financial services to the borrowers by registered or certified mail and also by first class mail to the
last known address of the borrowers and to the residence that is the subject of the Mortgage. Further,
Plaintiff has complied with the applicable provisions of RPAPL §1306 in that the notice required by
RPAPL §1304, if necessary, was filed with the superintendent of banks within three business days of
mailing. If applicable, copies of the registration(s) are attached hereto as Exhibit “E”.
15. Plaintiff has complied with the provisions of the Banking Law § 9-x, if applicable.
16. In the event this action proceeds to a judgment in foreclosure and sale of the Mortgaged
Premises, Plaintiff requests that the Mortgaged Premises be sold subject to any statement of facts an
inspection of the Mortgaged Premises would disclose or an accurate survey would show; covenants,
restrictions, easements and public utility agreements of record, if any; building and zoning ordinances
and possible violations of same; any rights of tenants or persons in possession of the Mortgaged
Premises; any equity/right of redemption of the United States of America within 120 days of the sale;
and, any prior mortgages and liens.
17. If the Mortgage secures more than one property, Plaintiff requests the judgment in foreclosure
provide for the sale of the properties in a particular order to the extent necessary to satisfy the amounts
due as determined by this Court.
18. Pursuant to the terms of the Mortgage, Plaintiff is entitled to recover attorneys' fees and costs
incurred in connection with this action.
9462-6100
10 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
19. All Exhibits attached hereto are expressly incorporated and made part of the Complaint with the
same force and effect as if they were set forth herein.
20. There are no other pending proceedings to enforce the referenced Note and Mortgage. To the
extent there are any prior proceedings, it is the intention of the Plaintiff that any such action be
discontinued and the instant action be the only pending action.
WHEREFORE, Plaintiff, Gulf Harbour Investments Corporation, demands judgment:
1. Adjudging and decreeing that any advances Plaintiff or its servicer or agent made or will make
pursuant to the terms of the Note and/or Mortgage for the payment of taxes, insurance premiums and
other necessary charges affecting the Mortgaged Premises, together with interest (to the extent
allowed), are valid liens against the Mortgaged Premises.
2. Fixing the amounts due the Plaintiff for all amounts due under the Note and/or Mortgage,
including, but not limited to principal, interest, costs, late charges, expenses of sale, allowances and
disbursements, reasonable attorney's fees (to the extent allowed under the Note and/or Mortgage) and
all other monies advanced and paid which are secured by the Mortgage;
3. That the Defendants and all parties claiming by, through or under them and every other person
or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or
whose lien is being challenged by being a Defendant in this action, be barred and foreclosed of and
from all right, claim, lien, interest or equity of redemption in and to said Mortgaged Premises;
4. That said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts
due herein, be decreed to be sold according to law subject to any statement of facts an inspection of the
Mortgaged Premises would disclose or an accurate survey of the Mortgaged Premises would show; as
further discussed in the Complaint above;
5. That out of the monies arising from the sale of the Mortgaged Premises, the Plaintiff may be
paid the amounts due on the Note and Mortgage, plus all other amounts provided for and allowed under
9462-6100
11 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
the judgment, including attorneys' fees and costs to be incurred in connection with this action, together
with any sums expended as aforesaid, with interest as allowed by law upon any advances from the
dates of the respective advance payments, to the extent allowed;
6. That any Defendants referenced in paragraph 3 of this Complaint (and any original or
subsequent obligors so named in this action) may be adjudged to pay any deficiency that may remain
after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in
a bankruptcy proceeding with respect to said Defendant;
7. That either or any of the parties to this action may become a purchaser upon such sale;
8. That this Court, if requested, forthwith appoint a receiver of rents and profits of said Mortgaged
Premises with the usual powers and duties;
9. In the event Plaintiff possesses any other liens against the Mortgaged Premises, they shall not be
merged with the same/instant matter. Plaintiff specifically reserves its right to share in any surplus
monies arising from the sale of the Mortgaged Premises by virtue of its position as a judgment or other
lien creditor, excluding the mortgage being foreclosed herein.
10. That the plaintiff be granted such other and further relief as may be just, equitable and proper.
Date: May 24, 2021 By: _____________________________
Christina A. Incorvaia, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff
Gulf Harbour Investments Corporation
File No. 9462-6100
9462-6100
12 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
VALIDATION OF DEBT
PURSUANT TO 15 U.S.C. 1692G
(The Fair Debt Collection Practices Act)
1. The letter to which this Validation of Debt is attached relates to a debt owed to Gulf Harbour
Investments Corporation which is serviced by Specialized Loan Servicing LLC. The amount
due on the debt as of February 8, 2021 is $81,131.89. This amount does not include any
payments or advances made, or expenses incurred, after that date.
2. Unless the consumer disputes the validity of the debt, or any portion of the debt, within thirty
(30) days after receiving this notice, the law firm of McCalla Raymer Leibert Pierce, LLC will
assume the debt to be valid.
3. If the consumer notifies McCalla Raymer Leibert Pierce, LLC within the thirty (30) day period
that the debt or any portion of the debt is disputed, McCalla Raymer Leibert Pierce, LLC will
obtain verification of the debt and mail a copy of the verification to the consumer.
4. Upon the consumer's written request within the thirty (30) day period, McCalla Raymer Leibert
Pierce, LLC will provide the consumer with the name and address of the original creditor, if
different from the current creditor.
5. Disputes, notifications and requests pursuant to this Validation of Debt should reference
McCalla Raymer Leibert Pierce, LLC's file number, which is 9462-6100, and be mailed as
follows:
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Attn: Fair Debt Clerk
To the extent McCalla Raymer Leibert Pierce, LLC is deemed a “debt collector” under federal law, this is an attempt to
collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or have received a
bankruptcy discharge, this letter is for information purposes only and is not intended to be an attempt to collect a debt or
an act to collect, assess or recover any portion of the debt from you personally.
Assert and protect your rights as a member of the Armed Forces of the United States. If you or your spouse is serving on
active military duty, including active military duty as a member of the New York National Guard or the National Guard
of another state, or as a member of a reserve component of the Armed Forces of the United States, please send written
notice of the active duty military service to the sender of this notice immediately.
9462-6100
13 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
Gulf Harbour Investments Corporation,
Plaintiff,
vs. AFFIRMATION REGARDING
Avi Foox, et al. HARDSHIP DECLARATION
Defendants,
Christina A. Incorvaia, Esq., an attorney duly admitted to practice before the Courts of the State of
New York, hereby affirms pursuant to CPLR 2106 and under penalty of perjury that the following is
true:
1. I am an Attorney at McCalla Raymer Leibert Pierce, LLC, attorneys for Plaintiff,
Gulf Harbour Investments Corporation.
2. On March 23, 2021, this firm caused a true and complete copy of a Notice to Mortgagor
and Mortgagor’s Declaration of COVID-19 Related Hardship, in English and the
translations provided by the New York State Unified Court System, dated March 23,
2021 to be mailed via first class mail to the following mortgagor:
Avi Foox.
3. To date, neither this firm nor the foreclosing party has received a hardship declaration from
the mortgagor.
Dated: May 24, 2021 _______________________________________
Christina A. Incorvaia, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Attorneys for Plaintiff
File No. 9462-6100
14 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
EXHIBIT A
15 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
MIN:
SEPTEMBER 21, 2005 Pleasanton, CALIFORNIA
[ Date ] [ City ] [ State ]
58 Darcey Ave, Staten Island, NY 10314
[ Property Addre ss ]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $81, 000. 00 (this amount will be called
"principal"), plus interest, to the order of the Lender. The Lender is E-LOAN, INC. , A DELAWARE CORPORATION.
IunderstandthattheLender maytransferthis Note. TheLender or anyone who takes this Noteby transfer and who is entitled to receive
Holder."
payments under this Note will be called the "Note
2. INTEREST
I will pay interest at a yearly rate of 8. 125%.
Interest will be charged on unpaid principal until the full amount of priñcipal has been paid.
3. PAYMENTS
I will pay principal and interest by making payments each month of U.S. $77 9. 94 .
I will make my,payments on the 1ST day of each month beginning on NOVEMBER 1, 2005 . 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. If, on OCTOBER 1 , 2020 , I still owe amounts under this Note, I will pay all those
amounts, in full, on that date.
I will make my monthly payments at
6230 STONERIDGE MALL ROAD
PLEASANTON, CA 94588
or at a different place if required by the Note Holder.
4. 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 of my monthly payments by the end of 15 caléñdar days
afterthe date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2 . 000% ofmy overdue
payment, but not less than U.S. N/A and not more than
pay this late
U.S. $15. 60 . I will
charge only once on any late payment.
(B) Notice from Note Holder
If I do not pay the full amount of each monthly payment on time, the Note Holder may send me a written notice telling me that
if I do not pay the overdue amount by a certain date I will be in default. That date must be at least 10 days after the date on which
the notice is mailed to me or, if it is not mailed, 10 days after the date on which it is delivered to me.
(C) Default
If I do not pay the overdue amount by the date stated in the notice described in (B) above, I will be in default. If I am in default,
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.
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.
(D) 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 for all of its costs and expenses to the extent not prohibited law. Those expenses include, for example, ren Ne
by applicabic
attorneys'
fees.
5. THIS NOTE SECURED BY A MORTGAGE
In addition to the protections given to the Note Holder under this Note, a Mortgage, dated
SEPTEMBER 21, 2005 , protects theNote Holder from possible losses whichmight result ifI donot keep the promises
which I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment
in full of all amounts that I owe under this Note.
6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE
I have the right to make paymeñts 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 willtell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid
prepayment." prepayment."
principal is known as a "full A prepayment of only part of the unpaid principal is known as a "partial
Imaymakea fullprepayment or a partialprepayment withoutpaying any penalty. The Note Holder willuse allofmyprcpayments
to reduce the amount of principa1that I owe under this Note. If I make a partial prepaynient, there will be no delays in the due dates
or changes in the amoüñts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make
a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the pr ayment
Initial s :
NEW YORK - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT 09-21-20 13 : 14
FORM 3933 Page 1 of 2 NY 1500NT NYVl500N 707
16 of 43
FILED: RICHMOND COUNTY CLERK 09/11/2023
05/25/2021 09:01
08:56 PM
AM INDEX NO. 135020/2021
NYSCEF DOC. NO. 58
1 RECEIVED NYSCEF: 09/11/2023
05/25/2021
LOAN # :
on the same day that one of my mGñthly payments is due. The Note Holder may also require that the amount of my partial p1ogay,uom
be equal to the amount of principal that would have been part of my next one or more monthly payinents.
7. B ORROWER'S WA1VERS
I waive my rights to require the NoteHolderto do certain things. are: (A) to demand payrnest of
Those things due (known
as "prescñtmcra"); (B) to give notice that areGüñts due have not been paid (known as "notice of dishonor"); (C) to obtain an official
certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees
to
Preview
FILED: RICHMOND COUNTY CLERK 09/11/2023 09:01 PM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/11/2023 Exhibit 1 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND Gulf Harbour Investments Corporation, SUMMONS Plaintiff, INDEX NO.: vs. MORTGAGED PREMISES: Avi Foox; RAB Performance Recoveries LLC; 58 Darcey Avenue American Express Centurion Bank; Unifund CCR Staten Island, New York 10314 Partners; John Doe #1 through #6, and Jane Doe #1 through #6, the last twelve names being Block: 2086 Lot: 29 fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve a copy of your Answer 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 completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Richmond County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. Date: May 24, 2021 By: _____________________________ Christina A. Incorvaia, Esq. McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Fax: 347-286-7414 Attorneys for Plaintiff Gulf Harbour Investments Corporation File No. 9462-6100 9462-6100 1 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 Special Summons Requirement Pursuant to RPAPL §1320 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 your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. 9462-6100 2 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 9462-6100 3 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DÍAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETICIÓN POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMACÍON. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml O https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 9462-6100 4 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 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 1-877-BANK-NYS (1-877-226- 5697) or visit the department’s website at: http://www.dfs.ny.gov 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 Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a 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. 9462-6100 5 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. We, Gulf Harbour Investments Corporation, are the foreclosing party and are located c/o our servicer, Specialized Loan Servicing LLC, at 6200 S. Quebec Street, Greenwood Village, CO 80111. We can be reached at 1-800-306-6062. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in your home until 90 days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Department of Financial Services toll-free helpline at 1-877-BANK-NYS (1-877-226-5697) or visit the Department's website at http://www.dfs.ny.gov. 9462-6100 6 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND Gulf Harbour Investments Corporation, COMPLAINT FOR MORTGAGE FORECLOSURE Plaintiff, INDEX NO.: vs. MORTGAGED PREMISES: Avi Foox; RAB Performance Recoveries LLC; American Express Centurion Bank; Unifund CCR 58 Darcey Avenue Partners; John Doe #1 through #6, and Jane Doe Staten Island, New York 10314 #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to Block: 2086 Lot: 29 designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. Plaintiff, Gulf Harbour Investments Corporation (“Plaintiff”), by its Counsel, McCalla Raymer Leibert Pierce, LLC, and for its Complaint against the above named Defendants, alleges as follows: 1. Plaintiff, a corporation, having an address c/o its servicer, Specialized Loan Servicing LLC, 6200 S. Quebec Street, Greenwood Village, CO 80111, is the owner and holder of the note and mortgage to be foreclosed in this action, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject note and mortgage. Plaintiff is duly licensed and/or organized under the laws of the United States of America or a state therein. 2. Plaintiff has the right to foreclose. The originals of the subject mortgage and note are in the foreclosing entity's “possession and control” or that of the custodian. 3. On or about September 21, 2005, Defendant Avi Foox executed and delivered to E-Loan, Inc. a certain note (the “Note”) whereby he bound himself in the amount of $81,000.00, together with accrued interest on the unpaid principal balance and such other amounts until paid, pursuant to the terms of the Note. The Note bears an initial interest rate of 8.125%. A copy of the Note is attached hereto as Exhibit 9462-6100 7 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 “A”. 4. To secure payment of the Note, Defendant Avi Foox granted a mortgage (the “Mortgage”) against the property owned by him located at 58 Darcey Avenue, Staten Island, New York 10314 (the “Mortgaged Premises”) to Mortgage Electronic Registration Systems, Inc., as nominee for E-Loan, Inc., its successors and assigns, in the amount of $81,000.00 on September 21, 2005. The Mortgage was recorded in the Richmond County Clerk's Office on December 21, 2005 as Land Document No. 93407 at which time the mortgage recording tax was duly paid. A copy of the Mortgage is attached hereto as Exhibit “B”. 5. The Mortgage has been assigned as follows: (a) From Mortgage Electronic Registration Systems, Inc., as nominee for E-Loan, Inc., its successors and assigns, to E*Trade Bank by Assignment of Mortgage dated July 20, 2011 and recorded in the Richmond Clerk's Office on August 1, 2011 as Land Document No. 389841. A copy of the Assignment of Mortgage is attached hereto as Exhibit “B”. (b) From E*Trade Bank to Gulf Harbour Investments Corporation by Assignment of Mortgage dated February 28, 2019 and recorded in the Richmond Clerk's Office on March 20, 2019 as Land Document No. 733300. A copy of the Assignment of Mortgage is attached hereto as Exhibit “B”. 6. The tax map designation of the Mortgaged Premises is known as or part of Block: 2086 Lot: 29. The full legal description of the Mortgaged Premises is attached hereto as Exhibit “C”. 7. The Defendant referenced in paragraphs 3 and 4 above has failed to comply with the terms of the Note and/or Mortgage by failing to pay the monthly payment amount due for May 31, 2015 and each subsequent payment that has come due thereafter, together with any other amounts for taxes, assessments, water rates, escrow, insurance premiums and/or any other charges that have come due and are payable under the terms of the Note and Mortgage since the date of default set forth above. 9462-6100 8 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 8. The requisite contractual notice, if applicable, was sent by Plaintiff's servicer in accordance with the terms of the Mortgage notifying the borrower of the default, advising of the actions necessary to cure said default, the date by which to cure being at least thirty (30) days from the date of said notice, and advising of the borrower’s right to present a defense to the lawsuit. Despite the written demands, the default has not been cured. As a result, Plaintiff hereby elects and demands that the entire principal sum due on the Note, along with all unpaid interest, advances, fees and costs are accelerated and are now due and payable. 9. As of the date of default, the principal balance due and owing pursuant to the terms of the Note and/or Mortgage is $53,572.23, together with accrued interest, taxes, assessments, water rates, maintenance, late fees, insurance premiums, escrow advances, reasonable attorneys' fees, and any other charges that are validly due and owing pursuant to the terms of the Note and/or Mortgage, to be calculated and established at the time Plaintiff applies for Judgment of Foreclosure or Sale. 10. In order to protect its security, Plaintiff (directly and/or through its servicer or agent) has made advances, or may be obligated during the pendency of this action to make advances, for the payment of taxes, insurance premiums and other necessary charges affecting the Mortgaged Premises. Any such sums advanced under the terms of the Note, together with interest (to the extent allowed), are to be added to the sum otherwise due on and be deemed secured by the Mortgage. 11. All Defendants herein may have, or claim to have, some interest in, or lien upon the Mortgaged Premises or some part thereof, which interest or lien, if any, has accrued subsequent and/or subject to the lien of Plaintiff's Mortgage. 12. The Defendants identified more fully in Exhibit “D” are made parties solely for the reasons set forth in said Exhibit. 13. Defendants, John Doe #1 through 6 and Jane Doe #1 through 6, are unknown occupants, if any exist, of the Mortgaged Premises being foreclosed or may be any persons or entities of any kind 9462-6100 9 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 otherwise claiming a lien or interest in or against the Mortgaged Premises. 14. Plaintiff has complied with the applicable provisions of RPAPL §1304 and the Banking Law, specifically §§595-a, 6-1 and/or 6-m if applicable, in that the requisite notice was sent by its servicer, in at least fourteen point type, and containing a current list of at least five housing counseling agencies serving the county where the property is located from the most recent listing available from department of financial services to the borrowers by registered or certified mail and also by first class mail to the last known address of the borrowers and to the residence that is the subject of the Mortgage. Further, Plaintiff has complied with the applicable provisions of RPAPL §1306 in that the notice required by RPAPL §1304, if necessary, was filed with the superintendent of banks within three business days of mailing. If applicable, copies of the registration(s) are attached hereto as Exhibit “E”. 15. Plaintiff has complied with the provisions of the Banking Law § 9-x, if applicable. 16. In the event this action proceeds to a judgment in foreclosure and sale of the Mortgaged Premises, Plaintiff requests that the Mortgaged Premises be sold subject to any statement of facts an inspection of the Mortgaged Premises would disclose or an accurate survey would show; covenants, restrictions, easements and public utility agreements of record, if any; building and zoning ordinances and possible violations of same; any rights of tenants or persons in possession of the Mortgaged Premises; any equity/right of redemption of the United States of America within 120 days of the sale; and, any prior mortgages and liens. 17. If the Mortgage secures more than one property, Plaintiff requests the judgment in foreclosure provide for the sale of the properties in a particular order to the extent necessary to satisfy the amounts due as determined by this Court. 18. Pursuant to the terms of the Mortgage, Plaintiff is entitled to recover attorneys' fees and costs incurred in connection with this action. 9462-6100 10 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 19. All Exhibits attached hereto are expressly incorporated and made part of the Complaint with the same force and effect as if they were set forth herein. 20. There are no other pending proceedings to enforce the referenced Note and Mortgage. To the extent there are any prior proceedings, it is the intention of the Plaintiff that any such action be discontinued and the instant action be the only pending action. WHEREFORE, Plaintiff, Gulf Harbour Investments Corporation, demands judgment: 1. Adjudging and decreeing that any advances Plaintiff or its servicer or agent made or will make pursuant to the terms of the Note and/or Mortgage for the payment of taxes, insurance premiums and other necessary charges affecting the Mortgaged Premises, together with interest (to the extent allowed), are valid liens against the Mortgaged Premises. 2. Fixing the amounts due the Plaintiff for all amounts due under the Note and/or Mortgage, including, but not limited to principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney's fees (to the extent allowed under the Note and/or Mortgage) and all other monies advanced and paid which are secured by the Mortgage; 3. That the Defendants and all parties claiming by, through or under them and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a Defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said Mortgaged Premises; 4. That said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts due herein, be decreed to be sold according to law subject to any statement of facts an inspection of the Mortgaged Premises would disclose or an accurate survey of the Mortgaged Premises would show; as further discussed in the Complaint above; 5. That out of the monies arising from the sale of the Mortgaged Premises, the Plaintiff may be paid the amounts due on the Note and Mortgage, plus all other amounts provided for and allowed under 9462-6100 11 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 the judgment, including attorneys' fees and costs to be incurred in connection with this action, together with any sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of the respective advance payments, to the extent allowed; 6. That any Defendants referenced in paragraph 3 of this Complaint (and any original or subsequent obligors so named in this action) may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy proceeding with respect to said Defendant; 7. That either or any of the parties to this action may become a purchaser upon such sale; 8. That this Court, if requested, forthwith appoint a receiver of rents and profits of said Mortgaged Premises with the usual powers and duties; 9. In the event Plaintiff possesses any other liens against the Mortgaged Premises, they shall not be merged with the same/instant matter. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of the Mortgaged Premises by virtue of its position as a judgment or other lien creditor, excluding the mortgage being foreclosed herein. 10. That the plaintiff be granted such other and further relief as may be just, equitable and proper. Date: May 24, 2021 By: _____________________________ Christina A. Incorvaia, Esq. McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Fax: 347-286-7414 Attorneys for Plaintiff Gulf Harbour Investments Corporation File No. 9462-6100 9462-6100 12 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 VALIDATION OF DEBT PURSUANT TO 15 U.S.C. 1692G (The Fair Debt Collection Practices Act) 1. The letter to which this Validation of Debt is attached relates to a debt owed to Gulf Harbour Investments Corporation which is serviced by Specialized Loan Servicing LLC. The amount due on the debt as of February 8, 2021 is $81,131.89. This amount does not include any payments or advances made, or expenses incurred, after that date. 2. Unless the consumer disputes the validity of the debt, or any portion of the debt, within thirty (30) days after receiving this notice, the law firm of McCalla Raymer Leibert Pierce, LLC will assume the debt to be valid. 3. If the consumer notifies McCalla Raymer Leibert Pierce, LLC within the thirty (30) day period that the debt or any portion of the debt is disputed, McCalla Raymer Leibert Pierce, LLC will obtain verification of the debt and mail a copy of the verification to the consumer. 4. Upon the consumer's written request within the thirty (30) day period, McCalla Raymer Leibert Pierce, LLC will provide the consumer with the name and address of the original creditor, if different from the current creditor. 5. Disputes, notifications and requests pursuant to this Validation of Debt should reference McCalla Raymer Leibert Pierce, LLC's file number, which is 9462-6100, and be mailed as follows: McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Attn: Fair Debt Clerk To the extent McCalla Raymer Leibert Pierce, LLC is deemed a “debt collector” under federal law, this is an attempt to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or have received a bankruptcy discharge, this letter is for information purposes only and is not intended to be an attempt to collect a debt or an act to collect, assess or recover any portion of the debt from you personally. Assert and protect your rights as a member of the Armed Forces of the United States. If you or your spouse is serving on active military duty, including active military duty as a member of the New York National Guard or the National Guard of another state, or as a member of a reserve component of the Armed Forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately. 9462-6100 13 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND Gulf Harbour Investments Corporation, Plaintiff, vs. AFFIRMATION REGARDING Avi Foox, et al. HARDSHIP DECLARATION Defendants, Christina A. Incorvaia, Esq., an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms pursuant to CPLR 2106 and under penalty of perjury that the following is true: 1. I am an Attorney at McCalla Raymer Leibert Pierce, LLC, attorneys for Plaintiff, Gulf Harbour Investments Corporation. 2. On March 23, 2021, this firm caused a true and complete copy of a Notice to Mortgagor and Mortgagor’s Declaration of COVID-19 Related Hardship, in English and the translations provided by the New York State Unified Court System, dated March 23, 2021 to be mailed via first class mail to the following mortgagor: Avi Foox. 3. To date, neither this firm nor the foreclosing party has received a hardship declaration from the mortgagor. Dated: May 24, 2021 _______________________________________ Christina A. Incorvaia, Esq. McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Attorneys for Plaintiff File No. 9462-6100 14 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 EXHIBIT A 15 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 MIN: SEPTEMBER 21, 2005 Pleasanton, CALIFORNIA [ Date ] [ City ] [ State ] 58 Darcey Ave, Staten Island, NY 10314 [ Property Addre ss ] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $81, 000. 00 (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is E-LOAN, INC. , A DELAWARE CORPORATION. IunderstandthattheLender maytransferthis Note. TheLender or anyone who takes this Noteby transfer and who is entitled to receive Holder." payments under this Note will be called the "Note 2. INTEREST I will pay interest at a yearly rate of 8. 125%. Interest will be charged on unpaid principal until the full amount of priñcipal has been paid. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S. $77 9. 94 . I will make my,payments on the 1ST day of each month beginning on NOVEMBER 1, 2005 . 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. If, on OCTOBER 1 , 2020 , I still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly payments at 6230 STONERIDGE MALL ROAD PLEASANTON, CA 94588 or at a different place if required by the Note Holder. 4. 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 of my monthly payments by the end of 15 caléñdar days afterthe date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2 . 000% ofmy overdue payment, but not less than U.S. N/A and not more than pay this late U.S. $15. 60 . I will charge only once on any late payment. (B) Notice from Note Holder If I do not pay the full amount of each monthly payment on time, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date I will be in default. That date must be at least 10 days after the date on which the notice is mailed to me or, if it is not mailed, 10 days after the date on which it is delivered to me. (C) Default If I do not pay the overdue amount by the date stated in the notice described in (B) above, I will be in default. If I am in default, 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. 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. (D) 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 for all of its costs and expenses to the extent not prohibited law. Those expenses include, for example, ren Ne by applicabic attorneys' fees. 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated SEPTEMBER 21, 2005 , protects theNote Holder from possible losses whichmight result ifI donot keep the promises which I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE I have the right to make paymeñts 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 willtell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid prepayment." prepayment." principal is known as a "full A prepayment of only part of the unpaid principal is known as a "partial Imaymakea fullprepayment or a partialprepayment withoutpaying any penalty. The Note Holder willuse allofmyprcpayments to reduce the amount of principa1that I owe under this Note. If I make a partial prepaynient, there will be no delays in the due dates or changes in the amoüñts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the pr ayment Initial s : NEW YORK - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT 09-21-20 13 : 14 FORM 3933 Page 1 of 2 NY 1500NT NYVl500N 707 16 of 43 FILED: RICHMOND COUNTY CLERK 09/11/2023 05/25/2021 09:01 08:56 PM AM INDEX NO. 135020/2021 NYSCEF DOC. NO. 58 1 RECEIVED NYSCEF: 09/11/2023 05/25/2021 LOAN # : on the same day that one of my mGñthly payments is due. The Note Holder may also require that the amount of my partial p1ogay,uom be equal to the amount of principal that would have been part of my next one or more monthly payinents. 7. B ORROWER'S WA1VERS I waive my rights to require the NoteHolderto do certain things. are: (A) to demand payrnest of Those things due (known as "prescñtmcra"); (B) to give notice that areGüñts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to