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FILED: SULLIVAN COUNTY CLERK 02/11/2020 INDEX NO. E2017-927
g e w
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
THE BANK OF NEW YORK MELLON, F/K/A THE : Index No. 927/2017
BANK OF NEW YORK AS SUCCESSOR TO :
JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR :
ASSET BACKED FUNDING CORPORATION, :
ASSET-BACKED SERIES 2005- : Property Address:
CERTIFICATES,
HE1, :
112 Blackberry Lake,
Plaintiff, : Callicoon, New York 12748
-against- :
MONIQUE DEFOUR JONES, JUSERENE, LLC,
:
#1" #12,"
JOHN DOE through "JOHN DOE the last :
twelve names being fictitious and unknown to plaintiff, :
the persons or parties intended being the tenants, :
occupants, persons or corporations, if any, having or :
claiming an interest in or lien upon the Subject Property, :
described in the Complaint, :
:
Defendants.
AFFIRMATION OF LEAH N. JACOB IN SUPPORT
OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
LEAH N. JACOB, an attorney duly admitted to practice law in the courts of the State of
New York, affirms as follows under the penalty of perjury pursuant to New York Civil Practice
Law and Rules ("CPLR") 2106:
1. I am an attorney with Greenberg Traurig, LLP ("Greenberg Traurig"), counsel to
plaintiff and counterclaim-defendant 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 ("Plaintiff"). I am fully familiar with
the facts set forth herein. I am not a party to the action. I submit this affirmation in sqpport¾f
Plaintiff's motion for summary judgment on its complaint filed May 30, 2017 (the "Com int
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FILED: SULLIVAN COUNTY CLERK 02/11/2020 INDEX NO. E2017-927
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/02/2021
against defendants Monique Defour Jones and Juserene, LLC ("Defendants"), among others, and
Defendants'
as to the counterclaims and affirmative defenses set forth in the Answer With
Counterclaims, dated July 5, 2017 (the "Answer").
2. On May 30, 2017, Plaintiff commenced this action for foreclosure by filing a
Summons, Complaint, Certificate of Merit pursuant to CPLR 3012-b, and Notice of Pendency. A
copy of the original, endorsed note, was attached as an exhibit to the Complaint. Copies of the of
the Summons, Complaint, Certificate of Merit, and Notice of Pendency are annexed hereto as
Exhibit 1.
3. All defendants were served with process, and Affidavits of Service were duly filed
with the Clerk of this Court. Copies of the file-stamped Affidavits of Service are annexed hereto
as Exhibit 2.
4. On July 5, 2017, the Defendants, through counsel, filed their Answer, containing
counterclaims. A copy of the Answer is annexed hereto as Exhibit 3.
5. Aside from the Defendants, no other defendant has responded to the Complaint,
and their time to do so has expired.
6. On August 2, 2017, Plaintiff timely served a Reply to the counterclairns alleged in
the Answer (the "Reply"). A copy of the Reply is attached hereto as Exhibit 4.
7. On July 30, 2018, Plaintiff filed a request for judicial intervention, requesting the
scheduling of foreclosure settlement conferences. Although the property is not owner occupied,
foreclosure settlement conferences were held in this matter between September 12, 2018 through
June 19, 2019. During settlement conferences, Plaintiff offered the borrower a Trial Period Plan
under an Ocwen Modification Plan (the "Trial Plan"). The borrower declined to accept the offer
and the parties were released from the foreclosure settlement part on June 19, 2019. (1d, Ex. 6.)
2
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FILED: SULLIVAN COUNTY CLERK 02/11/2020 INDEX NO. E2017-927
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/02/2021
Dated: September 30, 2019
New York, New York
Leah . Jacob
3
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FILED: SULLIVAN COUNTY CLERK 02/11/2020 INDEX NO. E2017-927 g e w NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN THE BANK OF NEW YORK MELLON, F/K/A THE : Index No. 927/2017 BANK OF NEW YORK AS SUCCESSOR TO : JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR : ASSET BACKED FUNDING CORPORATION, : ASSET-BACKED SERIES 2005- : Property Address: CERTIFICATES, HE1, : 112 Blackberry Lake, Plaintiff, : Callicoon, New York 12748 -against- : MONIQUE DEFOUR JONES, JUSERENE, LLC, : #1" #12," JOHN DOE through "JOHN DOE the last : twelve names being fictitious and unknown to plaintiff, : the persons or parties intended being the tenants, : occupants, persons or corporations, if any, having or : claiming an interest in or lien upon the Subject Property, : described in the Complaint, : : Defendants. AFFIRMATION OF LEAH N. JACOB IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LEAH N. JACOB, an attorney duly admitted to practice law in the courts of the State of New York, affirms as follows under the penalty of perjury pursuant to New York Civil Practice Law and Rules ("CPLR") 2106: 1. I am an attorney with Greenberg Traurig, LLP ("Greenberg Traurig"), counsel to plaintiff and counterclaim-defendant 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 ("Plaintiff"). I am fully familiar with the facts set forth herein. I am not a party to the action. I submit this affirmation in sqpport¾f Plaintiff's motion for summary judgment on its complaint filed May 30, 2017 (the "Com int FILED IN SULLIVAN COUNTY CLERKS OFFICE 1 of 2/11/2020 3 FILED: SULLIVAN COUNTY CLERK 02/11/2020 INDEX NO. E2017-927 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/02/2021 against defendants Monique Defour Jones and Juserene, LLC ("Defendants"), among others, and Defendants' as to the counterclaims and affirmative defenses set forth in the Answer With Counterclaims, dated July 5, 2017 (the "Answer"). 2. On May 30, 2017, Plaintiff commenced this action for foreclosure by filing a Summons, Complaint, Certificate of Merit pursuant to CPLR 3012-b, and Notice of Pendency. A copy of the original, endorsed note, was attached as an exhibit to the Complaint. Copies of the of the Summons, Complaint, Certificate of Merit, and Notice of Pendency are annexed hereto as Exhibit 1. 3. All defendants were served with process, and Affidavits of Service were duly filed with the Clerk of this Court. Copies of the file-stamped Affidavits of Service are annexed hereto as Exhibit 2. 4. On July 5, 2017, the Defendants, through counsel, filed their Answer, containing counterclaims. A copy of the Answer is annexed hereto as Exhibit 3. 5. Aside from the Defendants, no other defendant has responded to the Complaint, and their time to do so has expired. 6. On August 2, 2017, Plaintiff timely served a Reply to the counterclairns alleged in the Answer (the "Reply"). A copy of the Reply is attached hereto as Exhibit 4. 7. On July 30, 2018, Plaintiff filed a request for judicial intervention, requesting the scheduling of foreclosure settlement conferences. Although the property is not owner occupied, foreclosure settlement conferences were held in this matter between September 12, 2018 through June 19, 2019. During settlement conferences, Plaintiff offered the borrower a Trial Period Plan under an Ocwen Modification Plan (the "Trial Plan"). The borrower declined to accept the offer and the parties were released from the foreclosure settlement part on June 19, 2019. (1d, Ex. 6.) 2 2 of 3 FILED: SULLIVAN COUNTY CLERK 02/11/2020 INDEX NO. E2017-927 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/02/2021 Dated: September 30, 2019 New York, New York Leah . Jacob 3 3 of 3