Preview
FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023
CI2023-06732 Index # : 2015-0191
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
x
U.S. Bank Trust National Association as Trustee of : Index No.: 2015-0191
American Homeowner Preservation Trust Series :
2015A+ : REFEREE'S REPORT OF
: SALE
Plaintiff, :
:
-against- : Mortgaged Premises:
: 421 Enfield Main Road
ERIC W. HOOTON A/K/A ERIC HOOTON, : Ithaca, NY 14850
BECKY TRIPP A/K/A BECKY TRIPP, x
PATRICIA CAREY, A COMMISSIONER OF Section: 14
SOCIAL SERVICES OF THE COUNTY OF Block: 2
TOMPKINS, NEW YORK STATE Lot: 2.1
DEPARTMENT OF TAXATION AND FINANCE
CCED CHILD SUPPORT SECTION, CACV OF
COLORADO, LLC, CALVARY PORTFOLIO
SERVICES LLC AO CALVARY SPV I, LLC
AAO PROVIDIAN NATIONAL BANK, RJM
ACQUISITIONS, LLC, CAYUGA MEDICAL
CENTER, TOMPKINS COUNTY PROBATION
ENFIELD
Defendants.
TO THE SUPREME COURT, ULSTER COUNTY
I, David T. Weber, Esq., the Referee appointed by the Final Judgment of Foreclosure
and Sale duly entered on June 29, 2018 and an Order Extending Time to Set Sale and
Appointing Substitute Referee duly entered on September 28, 2022, to make the sale of the
premises therein described, DO RESPECTFULLY REPORT as follows:
1. I caused due notice of the sale of 421 Enfield Main Road, Ithaca, NY 14850, in
one parcel, at public auction on the 13th day of December, 2022 at 10:00 A.M. at the Tompkins
County Courthouse, basement conference room, 320 North Tioga Street, Ithaca, NY to be
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FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023
CI2023-06732 Index #: 2015-0191
given, published according to law and rules and practice of this Court, as fully appears by the
affidavits annexed hereto.
2. At the time and place for which the sale was noticed as aforesaid, I attended in
person, and, in accordance with such notice, offered the premises for sale to the highest bidder.
I sold the same to U.S. Bank Trust National Association as Trustee of American Homeowner
Preservation Trust Series 2015A+ for sum of $11,000.00, that being the highest sum bid
therefor which was thereafter assigned of all rights and title to U.S. Bank Trust National
Association as Trustee of American Homeowner Preservation Trust Series 2015A+.
3. I have made, executed and delivered to said purchaser (or its assignee) a good
and sufficient deed of conveyance for the premises so sold.
4. The down payment received was as follows:
X The Plaintiff was the successful bidder so the bid down payment required was
waived and no monies were due when I delivered the aforesaid deed.
The successful bidder delivered to me a down payment of $___________ at the
time of the auction and delivered the balance of the bid price of $ _______________at closing.
5. I have paid over or disposed of the proceeds of the sale as follows:
FIRST: I have paid to Shnayder Law Firm, LLC, the attorneys for Plaintiffs, the sum of $0.00,
on account of the amount due on the Note and Mortgage which this action brought to
foreclosure and directed to be paid by the aforesaid judgment. The receipt of the attorneys for
the Plaintiffs is annexed hereto and the total amount due on the Note and Mortgage in computed
in the annexed Statement of Referee which is incorporated herein.
SECOND: I have paid to Shnayder Law Firm, LLC, the attorneys for the Plaintiffs, the sum of
$0.00 for the costs and disbursements allowed to the Plaintiffs by the aforesaid judgment.
THIRD: I have disbursed the sum of $0.00 for advertising expenses allowed by said judgment.
Bills for said advertising expenses are annexed hereto.
FOURTH: I have paid the sum of $0.00 for real estate taxes, assessments, water charges and
sewer rents which were liens on the premises at the time of said sale. Receipts therefor are
annexed hereto.
FIFTH: I have retained for my fees, the sum of $750.00
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CI2023-06732 Index #: 2015-0191
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CI2023-06732 Index #: 2015-0191
STATEMENT OF REFEREE
AMOUNT DUE PLAINTIFF ON THE NOTE AND MORTGAGE
Description Amount
Amount due on the Note and Mortgage, as per Judgment $63,143.63
Interest on unpaid principal balance ($45,768.74) from January $96,784.85
17, 2015 to June 18, 2016, (508 Days) at contract interest rate
of 9.39% per annum
Contract Interest Rate Per Diem: $11.94
[($45,768.74 x 16.94/365)] x 508 Days = $6,065.52
Interest on judgment amount ($45,768.74) from July 11, 2022
(Date Judgment Entered) up to and including December 13,
2022 (2887 Days) at the statutory rate of nine percent (9%) per
annum.
Statutory Interest Rate Per Diem: $15.57
[($63,143.63 x 0.09 / 365)] x 2887 Days = $44,950.59
Total: $51,016.11
Costs and Disbursements $7,135.75
Attorney Fees $5,225.00
Referee’s Fees Paid $750.00
Advertising Expenses $651.20
TOTAL = $110,546.80
DEFICIENCY/SURPLUS CALCULATION
Description Amount
Amount due to Plaintiff on the Note and Mortgage $110,546.80
Amount paid to Plaintiff by Third Party or Upset Bid if 11,000.00
property sold to Plaintiff
DEFICIENCY= $99,546.80
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Exhibit “A”
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
x
U.S. Bank Trust National Association as Trustee of : Index No.: 2015-0191
American Homeowner Preservation Trust Series :
2015A+ : AFFIDAVIT OF MAILING
Plaintiff, :
:
-against- :
:
ERIC W. HOOTON A/K/A ERIC HOOTON, :
BECKY TRIPP A/K/A BECKY TRIPP, :
PATRICIA CAREY, A COMMISSIONER OF :
SOCIAL SERVICES OF THE COUNTY OF :
TOMPKINS, NEW YORK STATE :
DEPARTMENT OF TAXATION AND FINANCE :
CCED CHILD SUPPORT SECTION, CACV OF :
COLORADO, LLC, CALVARY PORTFOLIO :
SERVICES LLC AO CALVARY SPV I, LLC :
AAO PROVIDIAN NATIONAL BANK, RJM :
ACQUISITIONS, LLC, CAYUGA MEDICAL ::
CENTER, TOMPKINS COUNTY PROBATION :
ENFIELD :
Defendants. :
x
STATE OF PENNSYLVANIA )
) ss:
COUNTY OF BUCKS )
Jennie C. Shnayder deposes and says:
I am not a party to the action, am over 18 years of age, and reside in Bucks County,
Pennsylvania.
On November 23, 2022 I served a true copy of the annexed NOTICE OF SALE by mailing the
same by first-class mail in a sealed envelope, with postage prepaid thereon, in a post office or
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official depository of the U.S. Postal Service, addressed to the last known address of the
addressee as indicated below:
To:
ERIC W. HOOTON A/K/A ERIC CACV OF COLORADO, LLC
HOOTON One Commerce Plaza
BECKY TRIPP A/K/A BECKY TRIPP 99 Washington Ave.
421 Enfield Main Road Albany, NY 12231
Ithaca, NY 14850
CALVARY PORTFOLIO SERVICES
BECKY TRIPP A/K/A BECKY TRIPP LLC
239 Gulf Road AO CALVARY SPV I, LLC AAO
Freeville, NY 13068 PROVIDIAN NATIONAL BANK
99 Washington Ave.
PATRICIA CAREY, A Albany, NY 12231
COMMISSIONER OF SOCIAL
SERVICES OF THE COUNTY OF RJM ACQUISITIONS, LLC
TOMPKINS 99 Washington Ave.
320 West State Street Albany, NY 12231
Ithaca, NY 14850
CAYUGA MEDICAL CENTER
NEW YORK STATE DEPARTMENT 101 Dates Drive
OF TAXATION AND FINANCE Ithaca, NY 14850
CCED – CHILD SUPPORT SECTION
W.A. Harriman State Campus Building TOMPKINS COUNTY PROBATION
9 ENFIELD
Albany, NY 12227 320 West State Street
Ithaca, NY 14850
________________________________
Jennie C. Shnayder
Sworn Before Me This
23rd
_____ day of November, 2022
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CI2023-06732 Index #: 2015-0191
Exhibit “B”
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Exhibit “C”
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Exhibit “D”
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CI2023-06732 Index #: 2015-0191
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
x
U.S. Bank Trust National Association as Trustee of : Index No.: 2015-0191
American Homeowner Preservation Trust Series :
2015A+ :
: AFFIRMATIN OF
Plaintiff, : COMPLIANCE
:
-against- :
:
ERIC W. HOOTON A/K/A ERIC HOOTON, :
BECKY TRIPP A/K/A BECKY TRIPP, x
PATRICIA CAREY, A COMMISSIONER OF
SOCIAL SERVICES OF THE COUNTY OF
TOMPKINS, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE
CCED CHILD SUPPORT SECTION, CACV OF
COLORADO, LLC, CALVARY PORTFOLIO
SERVICES LLC AO CALVARY SPV I, LLC
AAO PROVIDIAN NATIONAL BANK, RJM
ACQUISITIONS, LLC, CAYUGA MEDICAL
CENTER, TOMPKINS COUNTY PROBATION
ENFIELD
Defendants.
Jennie Shnayder, Esq. pursuant to CPLR § 2106 and under the penalties of perjury,
affirms as follows:
1. I am an attorney at law duly licensed to practice in the state of New York and
am affiliated with the Law Firm of Shnayder Law Firm, LLC, the attorneys of record for
Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the
underlying action, as well as the proceedings had herein.
2. That all Federal, State, and Local Statutes, Laws, Rules and Regulations,
Mandates and Executive Orders with respect to Mortgage Foreclosure, Foreclosure Prevention
and Home Retention as well as all conditions precedent to the commencement of an action to
foreclosure an residential mortgage have been complied with in the instant action.
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NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023
CI2023-06732 Index #: 2015-0191
3. A copy of the Notice of Sale was simultaneously sent to the owner of the equity
of redemption at both his/her last known address and the property on November 23, 2022.
Dated: 12/28/2022
Jennie Shnayder, Esq.
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Preview
FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index # : 2015-0191 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS x U.S. Bank Trust National Association as Trustee of : Index No.: 2015-0191 American Homeowner Preservation Trust Series : 2015A+ : REFEREE'S REPORT OF : SALE Plaintiff, : : -against- : Mortgaged Premises: : 421 Enfield Main Road ERIC W. HOOTON A/K/A ERIC HOOTON, : Ithaca, NY 14850 BECKY TRIPP A/K/A BECKY TRIPP, x PATRICIA CAREY, A COMMISSIONER OF Section: 14 SOCIAL SERVICES OF THE COUNTY OF Block: 2 TOMPKINS, NEW YORK STATE Lot: 2.1 DEPARTMENT OF TAXATION AND FINANCE CCED CHILD SUPPORT SECTION, CACV OF COLORADO, LLC, CALVARY PORTFOLIO SERVICES LLC AO CALVARY SPV I, LLC AAO PROVIDIAN NATIONAL BANK, RJM ACQUISITIONS, LLC, CAYUGA MEDICAL CENTER, TOMPKINS COUNTY PROBATION ENFIELD Defendants. TO THE SUPREME COURT, ULSTER COUNTY I, David T. Weber, Esq., the Referee appointed by the Final Judgment of Foreclosure and Sale duly entered on June 29, 2018 and an Order Extending Time to Set Sale and Appointing Substitute Referee duly entered on September 28, 2022, to make the sale of the premises therein described, DO RESPECTFULLY REPORT as follows: 1. I caused due notice of the sale of 421 Enfield Main Road, Ithaca, NY 14850, in one parcel, at public auction on the 13th day of December, 2022 at 10:00 A.M. at the Tompkins County Courthouse, basement conference room, 320 North Tioga Street, Ithaca, NY to be 1 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 given, published according to law and rules and practice of this Court, as fully appears by the affidavits annexed hereto. 2. At the time and place for which the sale was noticed as aforesaid, I attended in person, and, in accordance with such notice, offered the premises for sale to the highest bidder. I sold the same to U.S. Bank Trust National Association as Trustee of American Homeowner Preservation Trust Series 2015A+ for sum of $11,000.00, that being the highest sum bid therefor which was thereafter assigned of all rights and title to U.S. Bank Trust National Association as Trustee of American Homeowner Preservation Trust Series 2015A+. 3. I have made, executed and delivered to said purchaser (or its assignee) a good and sufficient deed of conveyance for the premises so sold. 4. The down payment received was as follows: X The Plaintiff was the successful bidder so the bid down payment required was waived and no monies were due when I delivered the aforesaid deed. The successful bidder delivered to me a down payment of $___________ at the time of the auction and delivered the balance of the bid price of $ _______________at closing. 5. I have paid over or disposed of the proceeds of the sale as follows: FIRST: I have paid to Shnayder Law Firm, LLC, the attorneys for Plaintiffs, the sum of $0.00, on account of the amount due on the Note and Mortgage which this action brought to foreclosure and directed to be paid by the aforesaid judgment. The receipt of the attorneys for the Plaintiffs is annexed hereto and the total amount due on the Note and Mortgage in computed in the annexed Statement of Referee which is incorporated herein. SECOND: I have paid to Shnayder Law Firm, LLC, the attorneys for the Plaintiffs, the sum of $0.00 for the costs and disbursements allowed to the Plaintiffs by the aforesaid judgment. THIRD: I have disbursed the sum of $0.00 for advertising expenses allowed by said judgment. Bills for said advertising expenses are annexed hereto. FOURTH: I have paid the sum of $0.00 for real estate taxes, assessments, water charges and sewer rents which were liens on the premises at the time of said sale. Receipts therefor are annexed hereto. FIFTH: I have retained for my fees, the sum of $750.00 2 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 3 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 STATEMENT OF REFEREE AMOUNT DUE PLAINTIFF ON THE NOTE AND MORTGAGE Description Amount Amount due on the Note and Mortgage, as per Judgment $63,143.63 Interest on unpaid principal balance ($45,768.74) from January $96,784.85 17, 2015 to June 18, 2016, (508 Days) at contract interest rate of 9.39% per annum Contract Interest Rate Per Diem: $11.94 [($45,768.74 x 16.94/365)] x 508 Days = $6,065.52 Interest on judgment amount ($45,768.74) from July 11, 2022 (Date Judgment Entered) up to and including December 13, 2022 (2887 Days) at the statutory rate of nine percent (9%) per annum. Statutory Interest Rate Per Diem: $15.57 [($63,143.63 x 0.09 / 365)] x 2887 Days = $44,950.59 Total: $51,016.11 Costs and Disbursements $7,135.75 Attorney Fees $5,225.00 Referee’s Fees Paid $750.00 Advertising Expenses $651.20 TOTAL = $110,546.80 DEFICIENCY/SURPLUS CALCULATION Description Amount Amount due to Plaintiff on the Note and Mortgage $110,546.80 Amount paid to Plaintiff by Third Party or Upset Bid if 11,000.00 property sold to Plaintiff DEFICIENCY= $99,546.80 4 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 Exhibit “A” SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS x U.S. Bank Trust National Association as Trustee of : Index No.: 2015-0191 American Homeowner Preservation Trust Series : 2015A+ : AFFIDAVIT OF MAILING Plaintiff, : : -against- : : ERIC W. HOOTON A/K/A ERIC HOOTON, : BECKY TRIPP A/K/A BECKY TRIPP, : PATRICIA CAREY, A COMMISSIONER OF : SOCIAL SERVICES OF THE COUNTY OF : TOMPKINS, NEW YORK STATE : DEPARTMENT OF TAXATION AND FINANCE : CCED CHILD SUPPORT SECTION, CACV OF : COLORADO, LLC, CALVARY PORTFOLIO : SERVICES LLC AO CALVARY SPV I, LLC : AAO PROVIDIAN NATIONAL BANK, RJM : ACQUISITIONS, LLC, CAYUGA MEDICAL :: CENTER, TOMPKINS COUNTY PROBATION : ENFIELD : Defendants. : x STATE OF PENNSYLVANIA ) ) ss: COUNTY OF BUCKS ) Jennie C. Shnayder deposes and says: I am not a party to the action, am over 18 years of age, and reside in Bucks County, Pennsylvania. On November 23, 2022 I served a true copy of the annexed NOTICE OF SALE by mailing the same by first-class mail in a sealed envelope, with postage prepaid thereon, in a post office or 5 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 official depository of the U.S. Postal Service, addressed to the last known address of the addressee as indicated below: To: ERIC W. HOOTON A/K/A ERIC CACV OF COLORADO, LLC HOOTON One Commerce Plaza BECKY TRIPP A/K/A BECKY TRIPP 99 Washington Ave. 421 Enfield Main Road Albany, NY 12231 Ithaca, NY 14850 CALVARY PORTFOLIO SERVICES BECKY TRIPP A/K/A BECKY TRIPP LLC 239 Gulf Road AO CALVARY SPV I, LLC AAO Freeville, NY 13068 PROVIDIAN NATIONAL BANK 99 Washington Ave. PATRICIA CAREY, A Albany, NY 12231 COMMISSIONER OF SOCIAL SERVICES OF THE COUNTY OF RJM ACQUISITIONS, LLC TOMPKINS 99 Washington Ave. 320 West State Street Albany, NY 12231 Ithaca, NY 14850 CAYUGA MEDICAL CENTER NEW YORK STATE DEPARTMENT 101 Dates Drive OF TAXATION AND FINANCE Ithaca, NY 14850 CCED – CHILD SUPPORT SECTION W.A. Harriman State Campus Building TOMPKINS COUNTY PROBATION 9 ENFIELD Albany, NY 12227 320 West State Street Ithaca, NY 14850 ________________________________ Jennie C. Shnayder Sworn Before Me This 23rd _____ day of November, 2022 6 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 Exhibit “B” 7 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 8 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 9 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 10 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 Exhibit “C” 11 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 12 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 13 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 Exhibit “D” 14 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS x U.S. Bank Trust National Association as Trustee of : Index No.: 2015-0191 American Homeowner Preservation Trust Series : 2015A+ : : AFFIRMATIN OF Plaintiff, : COMPLIANCE : -against- : : ERIC W. HOOTON A/K/A ERIC HOOTON, : BECKY TRIPP A/K/A BECKY TRIPP, x PATRICIA CAREY, A COMMISSIONER OF SOCIAL SERVICES OF THE COUNTY OF TOMPKINS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE CCED CHILD SUPPORT SECTION, CACV OF COLORADO, LLC, CALVARY PORTFOLIO SERVICES LLC AO CALVARY SPV I, LLC AAO PROVIDIAN NATIONAL BANK, RJM ACQUISITIONS, LLC, CAYUGA MEDICAL CENTER, TOMPKINS COUNTY PROBATION ENFIELD Defendants. Jennie Shnayder, Esq. pursuant to CPLR § 2106 and under the penalties of perjury, affirms as follows: 1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with the Law Firm of Shnayder Law Firm, LLC, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein. 2. That all Federal, State, and Local Statutes, Laws, Rules and Regulations, Mandates and Executive Orders with respect to Mortgage Foreclosure, Foreclosure Prevention and Home Retention as well as all conditions precedent to the commencement of an action to foreclosure an residential mortgage have been complied with in the instant action. 15 of 16 FILED: TOMPKINS COUNTY CLERK 04/02/2023 01:07 PM INDEX NO. 2015-0191 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/02/2023 CI2023-06732 Index #: 2015-0191 3. A copy of the Notice of Sale was simultaneously sent to the owner of the equity of redemption at both his/her last known address and the property on November 23, 2022. Dated: 12/28/2022 Jennie Shnayder, Esq. 16 of 16