Preview
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
______..---------____________________________..____Ç
U.S. BANK TRUST NATIONAL ASSOCIATION, Index No. 135514/2019
NOT IN ITS INDIVIDUAL CAPACITY, BUT
SOLELY AS TRUSTEE OF THE TRUMAN 2021 SC9 REFEREE'S REPORT OF
TITLE TRUST, AMOUNT DUE
Plaintiff
-against-
SHERRI LYNN TALIENTO A/K/A SHERRI L.
TALIENTO; JOHN BURZO; CAROL IACIOFOLI;
SANTO ARROYO; DISCOVER BANK,
Defendants
_____..________________________________________Ç
TO THE SUPREME COURT:
Pursuant to an Order of this Court entered July 13, 2023 (hereinafter referred to as "Order"),
whereby I, Thomas A. Penett, Esq., was appointed as Referee to compute and ascertain the amount
due to the named Plaintiff, U.S. Bank Trust National Association, not in its individual capacity,
but solely as Trustee of the Truman 2021 SC9 Title Trust (hereinafter referred to as "Plaintiff'),
upon the Consolidated Note Affidavit and CEMA-Mortgage on which this action was brought,
and to examine and report whether the Mortgaged Premises, 209 Milton Avenue, Staten Island,
New York 10306 (hereinafter referred to as "Mortgaged Premises"), can be sold in parcels;
I, Thomas A. Penett, Esq., the Referee named in said Order, do Report as follows:
1. I was first duly sworn, faithfully and fairly to hear and determine the questions
herein referred to me as the case requires.
2. In making the following determinations I was presented, and personally reviewed,
the documents attached as Schedule B.
3. Plaintiff presented evidence in the form of a duly sworn Affidavit of Merit and
Amounts Due, executed by Joel Valdez, Assistant Secretary of Nationstar Mortgage LLC,
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FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023
subservicer for Rushmore Loan Management Services, LLC, attorney-in-fact for the named
Plaintiff, U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee
of the Truman 2021 SC9 Title Trust. I have reviewed the Affidavit of Merit and Amounts Due.
Based upon my review of the documentary evidence referenced on the attached Schedule B, I have
computed and ascertained the amount due to Plaintiff upon the said Consolidated Note Affidavit
and CEMA-Mortgage, and I find, and accordingly report, that there is due to the Plaintiff on the
said Consolidated Note Affidavit and CEMA-Mortgage, as of August 31, 2023, the total sum of
$432,391.85, which includes interest to August 31, 2023, and all other total advances, costs and
expenses, all as more fully set forth in Schedule A attached hereto.
4. I have examined the circumstances and advisability of selling the Mortgaged
Premises in parcels. I have determined that the same may not be sold in multiple parcels and
therefore must be sold as one parcel.
Dated: Oc a , 2023
Th r . en , ,sq
REFEREE
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FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023
SCHEDULE A
Description Amount
Unpaid Principal Balance $262,017.57
Deferred Principal Balance $56,000.00
Interest from April 1, 2018 to August 31, $65,217.65
2023 (Calculation provided below)
Tax Disbursements $28,599.69
Insurance Disbursements $19,640.08
Property Inspections $930.00
Suspense Balance ($13.14)
Total Amount Due $432,391.85
_.. _ .
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NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023
SCHEDULE B
LIST OF DOCUMENTARY EVIDENCE SUBMITTED
TO REFEREE BY PLAINTIFF
1. Copy of Order Appointing Referee to Compute.
2. Affidavit of Merit and Amounts Due executed by Joel Valdez, Assistant Secretary
of Nationstar Mortgage LLC, subservicer for Rushmore Loan Management Services, LLC,
attorney-in-fact for the named Plaintiff, U.S. Bank Trust National Association, not in its individual
capacity, but solely as Trustee of the Truman 2021 SC9 Title Trust (hereinafter "Valdez
Affidavit").
3. Lost Note Affidavit received in evidence. See Exhibit A of Valdez Affidavit.
4. CEMA-Mortgage received in evidence. See Exhibit B of Valdez Affidavit.
5. Loan Modification Agreement received in evidence. See Exhibit C of Valdez
Affidavit.
6. Assignments of CEMA-Mortgage received in. See Exhibit D of Valdez Affidavit.
7. First Mortgage received in evidence. See Exhibit E of Valdez Affidavit.
8. Assignments of First Mortgage received in evidence. See Exhibit F of Valdez
Affidavit.
9. Second Mortgage received in evidence. See Exhibit G of Valdez Affidavit.
10. Nationstar Mortgage LLC, subservicer for Rushmore Loan Management Services,
LLC's business records and loan history in connection with this matter. See Exhibit H of Valdez
Affidavit.
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SCHEDULE 1
April 1, 2018 to July 1, 2018: 3 months and 0 days at 4.000% = $2,620.17
Per Mensem: $873.39
Per Diem: $28.7143
July 1, 2018 to August 31 2023: 61 months and 30 days at 4.625% = $62,597.48
Per Mensem: $1,009.86
Per Diem: $33.2009
Therefore, the total interest over the aforementioned period is equal to $65,217.65.
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Preview
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ______..---------____________________________..____Ç U.S. BANK TRUST NATIONAL ASSOCIATION, Index No. 135514/2019 NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF THE TRUMAN 2021 SC9 REFEREE'S REPORT OF TITLE TRUST, AMOUNT DUE Plaintiff -against- SHERRI LYNN TALIENTO A/K/A SHERRI L. TALIENTO; JOHN BURZO; CAROL IACIOFOLI; SANTO ARROYO; DISCOVER BANK, Defendants _____..________________________________________Ç TO THE SUPREME COURT: Pursuant to an Order of this Court entered July 13, 2023 (hereinafter referred to as "Order"), whereby I, Thomas A. Penett, Esq., was appointed as Referee to compute and ascertain the amount due to the named Plaintiff, U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of the Truman 2021 SC9 Title Trust (hereinafter referred to as "Plaintiff'), upon the Consolidated Note Affidavit and CEMA-Mortgage on which this action was brought, and to examine and report whether the Mortgaged Premises, 209 Milton Avenue, Staten Island, New York 10306 (hereinafter referred to as "Mortgaged Premises"), can be sold in parcels; I, Thomas A. Penett, Esq., the Referee named in said Order, do Report as follows: 1. I was first duly sworn, faithfully and fairly to hear and determine the questions herein referred to me as the case requires. 2. In making the following determinations I was presented, and personally reviewed, the documents attached as Schedule B. 3. Plaintiff presented evidence in the form of a duly sworn Affidavit of Merit and Amounts Due, executed by Joel Valdez, Assistant Secretary of Nationstar Mortgage LLC, Firm Case No. 231544-1 1 of 5 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023 subservicer for Rushmore Loan Management Services, LLC, attorney-in-fact for the named Plaintiff, U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of the Truman 2021 SC9 Title Trust. I have reviewed the Affidavit of Merit and Amounts Due. Based upon my review of the documentary evidence referenced on the attached Schedule B, I have computed and ascertained the amount due to Plaintiff upon the said Consolidated Note Affidavit and CEMA-Mortgage, and I find, and accordingly report, that there is due to the Plaintiff on the said Consolidated Note Affidavit and CEMA-Mortgage, as of August 31, 2023, the total sum of $432,391.85, which includes interest to August 31, 2023, and all other total advances, costs and expenses, all as more fully set forth in Schedule A attached hereto. 4. I have examined the circumstances and advisability of selling the Mortgaged Premises in parcels. I have determined that the same may not be sold in multiple parcels and therefore must be sold as one parcel. Dated: Oc a , 2023 Th r . en , ,sq REFEREE Firm Case No. 231544-1 2 of 5 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023 SCHEDULE A Description Amount Unpaid Principal Balance $262,017.57 Deferred Principal Balance $56,000.00 Interest from April 1, 2018 to August 31, $65,217.65 2023 (Calculation provided below) Tax Disbursements $28,599.69 Insurance Disbursements $19,640.08 Property Inspections $930.00 Suspense Balance ($13.14) Total Amount Due $432,391.85 _.. _ . Firm Case No. 231544-1 3 of 5 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023 SCHEDULE B LIST OF DOCUMENTARY EVIDENCE SUBMITTED TO REFEREE BY PLAINTIFF 1. Copy of Order Appointing Referee to Compute. 2. Affidavit of Merit and Amounts Due executed by Joel Valdez, Assistant Secretary of Nationstar Mortgage LLC, subservicer for Rushmore Loan Management Services, LLC, attorney-in-fact for the named Plaintiff, U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of the Truman 2021 SC9 Title Trust (hereinafter "Valdez Affidavit"). 3. Lost Note Affidavit received in evidence. See Exhibit A of Valdez Affidavit. 4. CEMA-Mortgage received in evidence. See Exhibit B of Valdez Affidavit. 5. Loan Modification Agreement received in evidence. See Exhibit C of Valdez Affidavit. 6. Assignments of CEMA-Mortgage received in. See Exhibit D of Valdez Affidavit. 7. First Mortgage received in evidence. See Exhibit E of Valdez Affidavit. 8. Assignments of First Mortgage received in evidence. See Exhibit F of Valdez Affidavit. 9. Second Mortgage received in evidence. See Exhibit G of Valdez Affidavit. 10. Nationstar Mortgage LLC, subservicer for Rushmore Loan Management Services, LLC's business records and loan history in connection with this matter. See Exhibit H of Valdez Affidavit. Firm Case No. 231544-1 4 of 5 FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 11/06/2023 SCHEDULE 1 April 1, 2018 to July 1, 2018: 3 months and 0 days at 4.000% = $2,620.17 Per Mensem: $873.39 Per Diem: $28.7143 July 1, 2018 to August 31 2023: 61 months and 30 days at 4.625% = $62,597.48 Per Mensem: $1,009.86 Per Diem: $33.2009 Therefore, the total interest over the aforementioned period is equal to $65,217.65. Firm Case No. 231544-1 5 of 5