Preview
FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OP SULLIVAN
The Bank of New York Mellon, f/k/a The Bank of New INDEX NO. B2017-927
York as successor to JPMorgan Chase Bank, N.A. as
Trustee for Asset Backed Asset- ATTORNEY
Funding Corporation,
Backed Certificates, Series 2005-HE1, AFFIRMATION IN
SUPPORT OF PLAINTIFF'S
MOTION TO CONFIRM
PlaintifRs) '
REFEREE REPORT AND
FOR A JUDGMENT OF
FORECLOSURE AND SALE
Monique Defour Jones; Juserene, LLC'
MORTGAGED PROPERTY:
112 Blackberry Lake
Callicoon, NY 12748
COUNTY: Sullivan
SBL #: Section 21 Block 1 Lot
16.3
Defendant(s).
Nicole DiStasio, pursuant to CPLR 2106 and under penalties of perjury, hereby affirms as
follows:
1. I am an attorney at law and an associate of LOGS Legal Group LLP f/k/a Shapiro,
DiCaro & Barak, LLC, the attorneys of record for Plaintiff The Bank of New York Mellon, f/k/a
The Bank of New York as successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed
Funding Corporation, Asset-Backed Certificates, Series 2005-HBl. I am fully familiar with the
facts, court papers, and proceedings of this action based upon a review of the file maintained by
my office.
2. This is a foreclosure action. The Plaintiff is moving the court to confirm the
Referee's Report made in accordance with RPAPL §1321 and for a Judgment of Foreclosure and
Sale pursuant to RPAPL §1351 that directs the distribution of the proceeds of sale in accordance
with RPAPL §1354.
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3. True and accurate copies of the following documents are attached hereto or have
been previously electronically filed in this action:
Dogym nt Tab
Certificate of Merit NYSCEF Doc # 43
Note NYSCEF Doc # 43
Mortgage NYSCEF Doc # 43
Assignments NYSCEF Doc # 43
Notice of Default NYSCEF Doc # 46
RPAPL §1304 90-Day Notice NYSCEF Doc # 46
Department of Defense Search results Exhibit G
Summons and Complaint NYSCEF Doc # 52
Notice of Pendency NYSCEF Doc # 52
Affidavits of Service NYSCEF Doc # 43
Affidavit of Service by Mail pursuant to CPLR 3215(g)(3)(iii) (N/A) Exhibit K
Affidavit of Merit and Amount Due Exhibit L
Affirmation of Regularity NYSCEF Doc # 42
Order Granting Summary Judgment and Order of Reference NYSCEF Doc # 70
Notice of Entry NYSCEF Doc # 71,73
Referee's Oath and Report of Amount Due Exhibit P
Attorney Fee Affirmation Exhibit Q
Power of Attorney NYSCEF Doc # 63
Consent to Change Attorney NYSCEF Doc # 74
Answer NYSCEF Doc # 53
Additional Notice of Pendency Exhibit U
Pursuant to NYCPLR R 2214(c) papers that have been fded previously electmnically with the
court are referenced by docket number on the e-filing system, but are not attached hereto
Legalback No. 2 - filed contemporaneously with this application
Costs and Disbursements of Plaintiff with Supporting Invoices
Legalback No. 3 - filed contemporaneously with this application
Proposed Judgment of Foreclosure and Sale
PROCEDURAL ESTORY
4. This residential mortgage foreclosure action was commenced by filing the
summons and complaint in the Sullivan County Clerk's Office on May 30, 2017, the County where
the mortgaged property is located. The action was brought to foreclose a residential mortgage
executed by Monique Defour Jones, as Mortgagor(s) to H&R Block Mortgage Corporation, as
Mortgagee, to secure the sum of $293,000.00, dated December 14, 2004 and recorded in the
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Sullivan County Clerk's Oface on January 12, 2005 in Instrument Number 2005-00063568. The
Mortgage was transferred from H&R Block Mortgage Corporation to Option One Mortgage
Corporation, and said transfer was memorialized by an Assignment of Mortgage executed on
August 22, 2005 and recorded September 9, 2005 in Document Number 2005-00005781. The
Mortgage was subsequently transferred to The Bank ofNew York Mellon, f/k/a The Bank ofNew
York as successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed Funding
Corporation, Asset-Backed Certificates, Series 2005-HE1, and said transfer was memorialized by
an Assignment of Mortgage executed on October 23, 2014 and recorded January 14, 2015 in
Instrument Number 2015-265. See NYSCEF Doc. No. 43 for copies of the Note, Mortgage and
Assignments of Mortgage.
5. On May 30, 2017, Plaintiff filed a notice of pendency in accordance with RPAPL
§1331 and CPLR Article 65. See NYSCEF Doe. No 52. On August 12, 2021, Plaintiff re-filed
the notice of pendency in accordance with RPAPL §1331 and CPLR Article 65. A copy of the
Additional Notice of Pendency is attached hereto as Exhibit "U".
6. The summons, complaint, and notices of pendency are in the form prescribed by
statute and contain all of the particulars required by law. The summons complies with the
requirements of RPAPL §l320, contains the required notice in boldface type and is in the format
required by statute.
7. On May 30, 2017, Plaintiff was Holder of the subject note. See Affidavit of Flora
V. Rashtchy, attached hereto as Exhibit "L".
8. The Certificate of Merit pursuant to CPLR 3012-b was filed with supporting
documents. See NYSCEF Doc. No 43.
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9, According to the affidavits of service filed in the Sullivan County Clerk's Office,
the summons was served with the complaint. Defendant(s) were served with the notice required
by RPAPL §1303 printed on colored paper together with the summons and complaint printed on
white paper. The RPAPL §1303 notice complies with the requirements of that statute, with the
title in bold, 20-point type and the text in bold, 14-point type. The RPAPL §1303 notice was
delivered to the mortgagors on its own separate page, together with the summons and complaint.
Defendant(s) were timely served with the 90-Day Pre-Poreclosure notice required RPAPL
by
§1304. Plaintiff filed the name, address and other portinent information of the Defendant(s), the
amount claimed to be due, and the type of loan at issue with the superintendent of banks within
three business days of the mailing of the 90-day Pre-Foreclosure notice as required by RPAPL
§l306. See NYSCEF Dec. Nos. 43 and 46.
10. No defendant is an infant. No defendant is in the armed services of the United
States of America. Upon information and belief, no defendant is incompetent.
11. Defendants Monique Defour Jones and Juserene, LLC interposed an Answer,
through counsel, on or about June 15, 2017. See NYSCEF Dec. No. 53.
12. On September 27, 2021, the Plaintiff filed a Motion for Summary Judgment and
Order of Reference. Plaintiff's motion was granted by the Court by Order dated March 29, 2022.
See NYSCEF Doc. No. 70.
13. Plaintiff mailed Notice of Entry of the Order of Reference to the defendant(s) or
their attorney(s) on April 8, 2022 and filed the Notice of Entry with the Sullivan County Clerk on
April 8, 2022. See NYSCEF Doc. No. 71 and 73.
14. This court appointed Maria O. Zeno, Esq. as Referee, to compute the amount due
the Plaintiff and to examine and report whether the mortgaged property can be sold in parcels.
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15. On June 1, 2022, the Referee executed an Oath and Report of Amount Due which
computed the amount due the Plaintiff to be $589,758.87 as of April 29, 2022, and determined that
the property should be sold as one parcel. The Referee's Oath and Report are attached hereto as
Exhibit "P". Plaintiff is entitled to interest at the note rate until the Judgment of Foreclosure and
Sale is entered and at the statutory default rate thereafter.
16. No previous motion for a Judgment of Foreclosure and Sale has been made.
PLAINTIFF IS ENTITLED TO A JUDGMENT OF FORECLOSURE AND SALE
17. In conjunction with the motion for an Order Oranting Summary Judgment and
Orderof Reference previously granted by this Court, Plaintiff established all the required elements
for a foreclosure. Plaintiff now requests that the property be sold pursuant to RPAPL §1351 and
that the sale proceeds be distributed in accordance with RPAPL §1354.
18, RPAPL §1354(2) requires the Referee conducting the sale to pay out of the
proceeds all taxes, assessments, and water rates that are liens upon the property and to redeem the
property from any sales for unpaid taxes, assessments, or water rates that have not become
absolute. At the time of sale, transfer tax is not a lien upon the property nor is it an expense of
sale, as that term is used in RPAPL §1354(1). Rather, transfer tax is an expense of recording the
deed. All expenses of recording the Referee's Deed, including real property transfer tax should be
paid by the purchaser at the closing and not by the Referee from sale proceeds.
19. Plaintiff is entitled to a Judgment that includes reimbursement for Plaintiff's
attorney fees for this action in accordance with the terms of the note and mortgage. A detailed
afHrmation regarding attorney fees is attached hereto as Exhibit "Q".
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20. Plaintiff is also entitled to a Judgment that includes reimbursement for Plaintiffs
costs, allowances, and disbursements in this matter in accordance with the terms of the note and
mortgage and CPLR Article 83. A detailed statement of Plaintiffs costs and disbursements with
the supporting invoices was filed contemporaneously with this motion.
21. A copy of the Power of Attorney from The Bank of New York Mellon, frk/a The
Bank of New York as successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed
Funding Corporation, Asset-Backed Certificates, Series 2005-HE1 to PHH Mortgage Corporation,
is filed at NYSCEF Doc. No. 63.
22. A Department of Defense Manpower Data Center search was conducted to determine
the current military status of the Defendant(s), Monique Defour Jones, prior to submitting this
application. The information generated from the search(es) indicated that the aforementioned
Defendant(s) is/are not on active duty in the military service of either the United States or an ally.
Copies of said search(es), together with the Affiant's Affidavit of Military Status for the
defendant(s) herein, is/are attached hereto asExhibit "G".
23. LOOS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC have been
substituted as the attorneys of record for the Plaintiff herein. See NYSCEF Dec. No. 74.
24. A proposed Judgment of Poreclosure and Sale has been provided to the Court
together with this motion.
WHEREFORE, Plaintiff requests an order from this Court:
A. Confirming the Referee's Report;
B. Granting a Judgment of Foreclosure and Sale which appoints a Referee to sell the
property;
C. Directing the distribution of the sale proceeds;
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D. Granting such additional relief as this comt may deem just and proper.
Dated: August 12, 2022
Monroe County, New York
icole DiStasio, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Nicole DiStasic, Esq., an attomey at law licensed to practice in the State of New York, and the
attorney for Plaintiff in this action hereby certifies that, to the best of her knowledge, information
and belief, formed after an inquiry reasonable under the circumstances, the presentation of this
pleading, affidavit (or motion if applicable), and the contentions contained herein are not frivolous
as defined by 22 NYCRR 130-1.1(c).
Nicole DiStasio, Bsq.
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ATTORNEY'S CERTIFICATION
I, Nicole DiStasio, am an attorney duly admitted to the practice of law in the State of New
York, I am an associate of LOGS Legal Group LLP f/k/a Shapim, DiCam & Barak, LLC, the
attorneys for the Plaintiff, The Bank of New York Mellon, f/k/a The Bank of New York as
successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed Funding Corporation,
Asset-Backed Certificates, Series 2005-HE1, in the above captioned civil action.
I HEREBY CERTIFY, pursuant to §l30-1.1-a of the Rules of the Chief Administrator (22
NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable
under the circumstances, that the presentation of the papers in this action checked below, or the
contentions therein, are not frivolous as defined in subsection (c) of §130-1,1 of the Rules of the
Chief Administrator (22NYCRR):
{ } Summons & Complaint
{ } Answer or Reply
{X} Attorney's Affirmations
{ } Other:
Dated: August 12, 2022
Nicole DiStasio, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Cassing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
18-077769
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Preview
FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OP SULLIVAN The Bank of New York Mellon, f/k/a The Bank of New INDEX NO. B2017-927 York as successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed Asset- ATTORNEY Funding Corporation, Backed Certificates, Series 2005-HE1, AFFIRMATION IN SUPPORT OF PLAINTIFF'S MOTION TO CONFIRM PlaintifRs) ' REFEREE REPORT AND FOR A JUDGMENT OF FORECLOSURE AND SALE Monique Defour Jones; Juserene, LLC' MORTGAGED PROPERTY: 112 Blackberry Lake Callicoon, NY 12748 COUNTY: Sullivan SBL #: Section 21 Block 1 Lot 16.3 Defendant(s). Nicole DiStasio, pursuant to CPLR 2106 and under penalties of perjury, hereby affirms as follows: 1. I am an attorney at law and an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys of record for Plaintiff The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HBl. I am fully familiar with the facts, court papers, and proceedings of this action based upon a review of the file maintained by my office. 2. This is a foreclosure action. The Plaintiff is moving the court to confirm the Referee's Report made in accordance with RPAPL §1321 and for a Judgment of Foreclosure and Sale pursuant to RPAPL §1351 that directs the distribution of the proceeds of sale in accordance with RPAPL §1354. 18-077769 Affirmation Page 1 of 7 1 of 8 FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022 3. True and accurate copies of the following documents are attached hereto or have been previously electronically filed in this action: Dogym nt Tab Certificate of Merit NYSCEF Doc # 43 Note NYSCEF Doc # 43 Mortgage NYSCEF Doc # 43 Assignments NYSCEF Doc # 43 Notice of Default NYSCEF Doc # 46 RPAPL §1304 90-Day Notice NYSCEF Doc # 46 Department of Defense Search results Exhibit G Summons and Complaint NYSCEF Doc # 52 Notice of Pendency NYSCEF Doc # 52 Affidavits of Service NYSCEF Doc # 43 Affidavit of Service by Mail pursuant to CPLR 3215(g)(3)(iii) (N/A) Exhibit K Affidavit of Merit and Amount Due Exhibit L Affirmation of Regularity NYSCEF Doc # 42 Order Granting Summary Judgment and Order of Reference NYSCEF Doc # 70 Notice of Entry NYSCEF Doc # 71,73 Referee's Oath and Report of Amount Due Exhibit P Attorney Fee Affirmation Exhibit Q Power of Attorney NYSCEF Doc # 63 Consent to Change Attorney NYSCEF Doc # 74 Answer NYSCEF Doc # 53 Additional Notice of Pendency Exhibit U Pursuant to NYCPLR R 2214(c) papers that have been fded previously electmnically with the court are referenced by docket number on the e-filing system, but are not attached hereto Legalback No. 2 - filed contemporaneously with this application Costs and Disbursements of Plaintiff with Supporting Invoices Legalback No. 3 - filed contemporaneously with this application Proposed Judgment of Foreclosure and Sale PROCEDURAL ESTORY 4. This residential mortgage foreclosure action was commenced by filing the summons and complaint in the Sullivan County Clerk's Office on May 30, 2017, the County where the mortgaged property is located. The action was brought to foreclose a residential mortgage executed by Monique Defour Jones, as Mortgagor(s) to H&R Block Mortgage Corporation, as Mortgagee, to secure the sum of $293,000.00, dated December 14, 2004 and recorded in the 18-077769 Affirmation Page 2 of 7 2 of 8 FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022 Sullivan County Clerk's Oface on January 12, 2005 in Instrument Number 2005-00063568. The Mortgage was transferred from H&R Block Mortgage Corporation to Option One Mortgage Corporation, and said transfer was memorialized by an Assignment of Mortgage executed on August 22, 2005 and recorded September 9, 2005 in Document Number 2005-00005781. The Mortgage was subsequently transferred to The Bank ofNew York Mellon, f/k/a The Bank ofNew York as successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HE1, and said transfer was memorialized by an Assignment of Mortgage executed on October 23, 2014 and recorded January 14, 2015 in Instrument Number 2015-265. See NYSCEF Doc. No. 43 for copies of the Note, Mortgage and Assignments of Mortgage. 5. On May 30, 2017, Plaintiff filed a notice of pendency in accordance with RPAPL §1331 and CPLR Article 65. See NYSCEF Doe. No 52. On August 12, 2021, Plaintiff re-filed the notice of pendency in accordance with RPAPL §1331 and CPLR Article 65. A copy of the Additional Notice of Pendency is attached hereto as Exhibit "U". 6. The summons, complaint, and notices of pendency are in the form prescribed by statute and contain all of the particulars required by law. The summons complies with the requirements of RPAPL §l320, contains the required notice in boldface type and is in the format required by statute. 7. On May 30, 2017, Plaintiff was Holder of the subject note. See Affidavit of Flora V. Rashtchy, attached hereto as Exhibit "L". 8. The Certificate of Merit pursuant to CPLR 3012-b was filed with supporting documents. See NYSCEF Doc. No 43. 18-077769 Affirmation Page 3 of 7 3 of 8 FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022 9, According to the affidavits of service filed in the Sullivan County Clerk's Office, the summons was served with the complaint. Defendant(s) were served with the notice required by RPAPL §1303 printed on colored paper together with the summons and complaint printed on white paper. The RPAPL §1303 notice complies with the requirements of that statute, with the title in bold, 20-point type and the text in bold, 14-point type. The RPAPL §1303 notice was delivered to the mortgagors on its own separate page, together with the summons and complaint. Defendant(s) were timely served with the 90-Day Pre-Poreclosure notice required RPAPL by §1304. Plaintiff filed the name, address and other portinent information of the Defendant(s), the amount claimed to be due, and the type of loan at issue with the superintendent of banks within three business days of the mailing of the 90-day Pre-Foreclosure notice as required by RPAPL §l306. See NYSCEF Dec. Nos. 43 and 46. 10. No defendant is an infant. No defendant is in the armed services of the United States of America. Upon information and belief, no defendant is incompetent. 11. Defendants Monique Defour Jones and Juserene, LLC interposed an Answer, through counsel, on or about June 15, 2017. See NYSCEF Dec. No. 53. 12. On September 27, 2021, the Plaintiff filed a Motion for Summary Judgment and Order of Reference. Plaintiff's motion was granted by the Court by Order dated March 29, 2022. See NYSCEF Doc. No. 70. 13. Plaintiff mailed Notice of Entry of the Order of Reference to the defendant(s) or their attorney(s) on April 8, 2022 and filed the Notice of Entry with the Sullivan County Clerk on April 8, 2022. See NYSCEF Doc. No. 71 and 73. 14. This court appointed Maria O. Zeno, Esq. as Referee, to compute the amount due the Plaintiff and to examine and report whether the mortgaged property can be sold in parcels. 18-077769 Affirmation Page 4 of 7 4 of 8 FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022 15. On June 1, 2022, the Referee executed an Oath and Report of Amount Due which computed the amount due the Plaintiff to be $589,758.87 as of April 29, 2022, and determined that the property should be sold as one parcel. The Referee's Oath and Report are attached hereto as Exhibit "P". Plaintiff is entitled to interest at the note rate until the Judgment of Foreclosure and Sale is entered and at the statutory default rate thereafter. 16. No previous motion for a Judgment of Foreclosure and Sale has been made. PLAINTIFF IS ENTITLED TO A JUDGMENT OF FORECLOSURE AND SALE 17. In conjunction with the motion for an Order Oranting Summary Judgment and Orderof Reference previously granted by this Court, Plaintiff established all the required elements for a foreclosure. Plaintiff now requests that the property be sold pursuant to RPAPL §1351 and that the sale proceeds be distributed in accordance with RPAPL §1354. 18, RPAPL §1354(2) requires the Referee conducting the sale to pay out of the proceeds all taxes, assessments, and water rates that are liens upon the property and to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute. At the time of sale, transfer tax is not a lien upon the property nor is it an expense of sale, as that term is used in RPAPL §1354(1). Rather, transfer tax is an expense of recording the deed. All expenses of recording the Referee's Deed, including real property transfer tax should be paid by the purchaser at the closing and not by the Referee from sale proceeds. 19. Plaintiff is entitled to a Judgment that includes reimbursement for Plaintiff's attorney fees for this action in accordance with the terms of the note and mortgage. A detailed afHrmation regarding attorney fees is attached hereto as Exhibit "Q". 18-077769 Affirmation Page 5 of 7 5 of 8 FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022 20. Plaintiff is also entitled to a Judgment that includes reimbursement for Plaintiffs costs, allowances, and disbursements in this matter in accordance with the terms of the note and mortgage and CPLR Article 83. A detailed statement of Plaintiffs costs and disbursements with the supporting invoices was filed contemporaneously with this motion. 21. A copy of the Power of Attorney from The Bank of New York Mellon, frk/a The Bank of New York as successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HE1 to PHH Mortgage Corporation, is filed at NYSCEF Doc. No. 63. 22. A Department of Defense Manpower Data Center search was conducted to determine the current military status of the Defendant(s), Monique Defour Jones, prior to submitting this application. The information generated from the search(es) indicated that the aforementioned Defendant(s) is/are not on active duty in the military service of either the United States or an ally. Copies of said search(es), together with the Affiant's Affidavit of Military Status for the defendant(s) herein, is/are attached hereto asExhibit "G". 23. LOOS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC have been substituted as the attorneys of record for the Plaintiff herein. See NYSCEF Dec. No. 74. 24. A proposed Judgment of Poreclosure and Sale has been provided to the Court together with this motion. WHEREFORE, Plaintiff requests an order from this Court: A. Confirming the Referee's Report; B. Granting a Judgment of Foreclosure and Sale which appoints a Referee to sell the property; C. Directing the distribution of the sale proceeds; 18-077769 Affirmation Page 6 of 7 6 of 8 FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022 D. Granting such additional relief as this comt may deem just and proper. Dated: August 12, 2022 Monroe County, New York icole DiStasio, Esq. Associate Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Nicole DiStasic, Esq., an attomey at law licensed to practice in the State of New York, and the attorney for Plaintiff in this action hereby certifies that, to the best of her knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this pleading, affidavit (or motion if applicable), and the contentions contained herein are not frivolous as defined by 22 NYCRR 130-1.1(c). Nicole DiStasio, Bsq. 18-077769 Affirmation Page 7 of 7 7 of 8 FILED: SULLIVAN COUNTY CLERK 08/19/2022 09:25 AM INDEX NO. E2017-927 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 08/19/2022 ATTORNEY'S CERTIFICATION I, Nicole DiStasio, am an attorney duly admitted to the practice of law in the State of New York, I am an associate of LOGS Legal Group LLP f/k/a Shapim, DiCam & Barak, LLC, the attorneys for the Plaintiff, The Bank of New York Mellon, f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A. as Trustee for Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HE1, in the above captioned civil action. I HEREBY CERTIFY, pursuant to §l30-1.1-a of the Rules of the Chief Administrator (22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the papers in this action checked below, or the contentions therein, are not frivolous as defined in subsection (c) of §130-1,1 of the Rules of the Chief Administrator (22NYCRR): { } Summons & Complaint { } Answer or Reply {X} Attorney's Affirmations { } Other: Dated: August 12, 2022 Nicole DiStasio, Esq. Associate Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Cassing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 18-077769 8 of 8