Preview
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
EXHIBIT 4
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
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,
HEl, :
l 12 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
OfNew York As Successor To JPMorgan Chase Bank, N.A. As Trustee For Asset Backed Funding
Corporation, Asset-Backed Certificates, Series 2005-HEl ("Plaintiff"). I am fully familiar with
the facts set forth herein. I am not a party to the action. I submit this affirmation in support of
Plaintiff's motion for summary judgment on its complaint filed May 30, 2017 (the "Complaint")
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
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 counterclaims 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.)
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
Dated: September 30, 2019
New York, New York
L a
3
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
EXHIBIT 1
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
Nationwide Court Services, Inc
761 KOehler Ave - Suite A - RonkOnkoma. NY 11779
Phone: 631-981-4400 - Fax: 631-981-4842
INDEX NUMBER PURCHASE CONFIRMATION
Leopold & Associates, PLLC
REFERENCE NUMBER: 14-03699-1
TO: JESSICA BUDROCK
PLAINTIFF
THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE
BANK, NA AS TRUSTEE FOR ASSET BACKED FUNDING CORPORATION, ASSET-BACKED CERTIFICATES,
SERIES 2005-HE1
-V-
DEFENDANT
#1" #12"
MONIQUE DEFOUR JONES, JUSERENE, LLC, "JOHN DOE THROUGH "JOHN DOE
THE INDEX NUMBER FOR THE ACTION IS: 927/17
THE PLEADINGS WERE FILED IN THE COUNTY OF: SULLIVAN
THE PLEADINGS WERE FILED ON: 5/30/2017
THE PLEADINGS WERE FORWARDED FOR SERVICE ON: 5/31/2017
Sabrina - Extension: 302 Sabrina - Extension: 302
Jung Jung
RECElVED BY PROCESS DEPARTMENT BY: DATE:
(NAME)
CONFIRMED BY
SJ
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
SUILWANCOUKTYCLERK
DANIEL L BRIGGS
Receipt
Receipt Date: 05/30/2017 12:21:54 PM
RECEIPT # 2017652884 PAYMENTS
Check # 76444 -> $400.00
Recording clerk: CM LEOPOLD & ASSOCIATES PLLC
Cash Drawer: CASH8 check # 76490 -> $35.00
Rec'd Frm: LEOPOLD & ASSOCIATES PLLC LEOPOLD & ASSOCIATES PLLC
(SC)
BANK OF NY V JONES
ase#: 2017-927
DOC: INDEX APPL
. K OF NEW YORK MELLON NKA
EE Party: 30NES MONIQUE DEFOUR
Recording Fees
Index Number - State $165.00
Index Number - $25.00
County
Records Management Court Fee -
County
$1.00
Records Management Court Fee - State
$4.75
Cultural Ed Court $14.25
Foreclosure Case Fee $190,00
DOCUMENT TOTAL: ----> 5400.00
'
Instr#: 2017-379
DOC: LISPENDEN
OR . NK OF NEW YORK MELLON NKA
EE Party: 30NES MONIQUE DEFOUR
Recording Fees
LiS Pendens $15.00
Cultural Ed $14.25
Records Management - county $1.00
Records Management - State $4.75
DOCUMENT TOTAL: ----> $35.00
Receipt Summary
TOTAL RECEIPT: ----> $435.00
TOTAL RECEIVED: ----> $435,00
CASH BACK: ----> $0.00
M~*icelk,NY12701 Phone(845)807-0411
100NorthStree
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
- - - - - - - - - - - - - - - - - - - - - x
THE BANK OF NEW YORK MELLON, F/K/A THE INDEX NO.: --
BANK OF NEW YORK AS SUCCESSOR TO Date Filed:
JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR
ASSET BACKED FUNDING ASSET-
CORPORATION,
BACKEb CERTIFICATES, SERIES 2005-HE1,
Plaintiff(s), SUlsdONS
-against- C .C
Plaintiff designat
, MONIQUE DEFOUR JONES, JUSERENE, LLC, SULLIVAN County as hè ,
place of trial
#1" r3
"JOHN #12,"
DOE through "JOHN DOE Venue is based upq
the last twelve names being fictitious County in which
tl)g
-9
and unknown to plaintiff, the persons or premises are situgedE2
parties intended being the tenants, o 9
::
occupants, persons or corporations, if
any, having or claiming an interest in Premises:
or lien upon the premises, described in 112 BLACKBERRY LAKE,
the complaint, CALLICOON, NY 12748
Defendant(s).
----- ----------------x
To Tus ABOVE-NAMED DEFENDANTS:
YOUAREHEREBY SUMMONEDtoanswerthe Complaiñt in this action and to serve a copy
ofyouranswer,or,iftheCe=plaintisnotservedwiththis Summans, to serve a notice of appearanceon
thePlaintiffsAttorney withintwenty(20)daysafterthe service of this Summes, exclusiveofthedayof
service(orwithin thirty (30)daysafterthe service is comple.:if this Summons is not personally delivered
to you within the State of New York) in the event theUnitedStatesofAmericaismadeapartydefendant,
the time to answer for the said UnitedStatesof America shall not expire until sixty (60) days after service
ofthe Sum==_a; and in case of your failure to appear or answer, judgment will be taken against you by
defaultforthereliefdemandedintheComplaiñt.
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this rermers and complaint by serving a copy of the answer on the
attorney for the mortgage campany who filed this foreclosure precceding against you and filing the
answer with the court, a default judgmênt 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 infor=aden
on how to answer the summons and protect your property.
Sending a payment to the mortgage company will not stop the 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.
Dated: Armonk, New York
April 18, 2017
LEOPOLD & ASS IATES, PLLC
BY: K ra N. eal, Esq.
Attorneys for Plaintiff
80 Business Park Drive
Suite 110
Armonk, NY 10504
914-219-5787
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
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 1-800-269-0990 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
"save"
Be careful of people who approach you with offers to your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit
from a home owner'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.
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
THE BANK OF NEW YORK MELLON F/K/A THE INDEX NO.:
BANK OF NEW YORK AS SUCCESSOR TO Date Filed:
JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR
ASSET BACKED FUNDING ASSET-
CORPORATION,
BACKED CERTIFICATES, SERIES 2005-HE1,
Plaintiff(s),
-against-
. COMPLAINT
MONIQUE DEFOUR JONES, JUSERENE, LLC,
#1" #12,"
"JOHN DOE through "JOHN DOE
the last twelve names being fictitious O
and unknown to plaintiff, the persons or -o
parties intended being the tenants,
occupants, persons or corporations, if
any, having or claiming an interest in o
or lien upon the premises, described in
the complaint,
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - x
The Complaint of the above-referenced Plaintiff, by its
attorneys, Leopold & Associates, PLLC, complains and alleges upon
'
information and belief as follows:
NATUREOFTHISACTION
1. This action is brought and pursuant to Article 13 of the Real
Property and Proceedings Law for foreclosure of the mortgage dated
December 14, 2004 and recorded on 12, in Official
-January 2005,
Records Book 2899 at Page 632 in the Public Records of the of
County
SULLIVAN, State of New York (hereinafter referred to as the "Subject
Mortgage"). The Mortgage Tax was paid.
duly
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021
2. The premises (hereinafter referred to as "Subject Property")
which forms the subject of this action is fully described in Schedule
"A"
attached hereto.
PARTIES
3. At all times hereinafter mentioned, Plaintiff was and remains,
organized and existing under the laws of the United States of America
or of the State of its formation.
4. Upon information and belief, Defendant MONIQUE DEFOUR JONES, at
all relevant times, maintains a residence within the State of New York
and is the mortgagor pursuant to the Subject Mortgage. The description
and interest of the above-referenced Defendant(s) is more fully set
forth in Schedule "B". See RPAPL §§§ 1311, 1312, and 1313.
5. Upon information and belief, the remaining Defendant(s), if any
and not further set forth hereinbelow, are identified and named for
the reasons set forth in Schedule "B". See RPAPL S§§ 1311, 1312, and
1313.
#1" #12"
6. Defendants "JOHN DOE through "JOHN DOE are additional
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. See RPAPL §§§ 1311, 1312, and 1_313.
RELEVANTFACTS
7. On or about December 14, 2004, MONIQUE DEFOUR JONES duly
executed, acknowledged, and delivered a note (hereinafter
Preview
FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 EXHIBIT 4 FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 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, HEl, : l 12 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 OfNew York As Successor To JPMorgan Chase Bank, N.A. As Trustee For Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HEl ("Plaintiff"). I am fully familiar with the facts set forth herein. I am not a party to the action. I submit this affirmation in support of Plaintiff's motion for summary judgment on its complaint filed May 30, 2017 (the "Complaint") FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 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 counterclaims 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.) FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 Dated: September 30, 2019 New York, New York L a 3 FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 EXHIBIT 1 FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 Nationwide Court Services, Inc 761 KOehler Ave - Suite A - RonkOnkoma. NY 11779 Phone: 631-981-4400 - Fax: 631-981-4842 INDEX NUMBER PURCHASE CONFIRMATION Leopold & Associates, PLLC REFERENCE NUMBER: 14-03699-1 TO: JESSICA BUDROCK PLAINTIFF THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, NA AS TRUSTEE FOR ASSET BACKED FUNDING CORPORATION, ASSET-BACKED CERTIFICATES, SERIES 2005-HE1 -V- DEFENDANT #1" #12" MONIQUE DEFOUR JONES, JUSERENE, LLC, "JOHN DOE THROUGH "JOHN DOE THE INDEX NUMBER FOR THE ACTION IS: 927/17 THE PLEADINGS WERE FILED IN THE COUNTY OF: SULLIVAN THE PLEADINGS WERE FILED ON: 5/30/2017 THE PLEADINGS WERE FORWARDED FOR SERVICE ON: 5/31/2017 Sabrina - Extension: 302 Sabrina - Extension: 302 Jung Jung RECElVED BY PROCESS DEPARTMENT BY: DATE: (NAME) CONFIRMED BY SJ FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 SUILWANCOUKTYCLERK DANIEL L BRIGGS Receipt Receipt Date: 05/30/2017 12:21:54 PM RECEIPT # 2017652884 PAYMENTS Check # 76444 -> $400.00 Recording clerk: CM LEOPOLD & ASSOCIATES PLLC Cash Drawer: CASH8 check # 76490 -> $35.00 Rec'd Frm: LEOPOLD & ASSOCIATES PLLC LEOPOLD & ASSOCIATES PLLC (SC) BANK OF NY V JONES ase#: 2017-927 DOC: INDEX APPL . K OF NEW YORK MELLON NKA EE Party: 30NES MONIQUE DEFOUR Recording Fees Index Number - State $165.00 Index Number - $25.00 County Records Management Court Fee - County $1.00 Records Management Court Fee - State $4.75 Cultural Ed Court $14.25 Foreclosure Case Fee $190,00 DOCUMENT TOTAL: ----> 5400.00 ' Instr#: 2017-379 DOC: LISPENDEN OR . NK OF NEW YORK MELLON NKA EE Party: 30NES MONIQUE DEFOUR Recording Fees LiS Pendens $15.00 Cultural Ed $14.25 Records Management - county $1.00 Records Management - State $4.75 DOCUMENT TOTAL: ----> $35.00 Receipt Summary TOTAL RECEIPT: ----> $435.00 TOTAL RECEIVED: ----> $435,00 CASH BACK: ----> $0.00 M~*icelk,NY12701 Phone(845)807-0411 100NorthStree FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN - - - - - - - - - - - - - - - - - - - - - x THE BANK OF NEW YORK MELLON, F/K/A THE INDEX NO.: -- BANK OF NEW YORK AS SUCCESSOR TO Date Filed: JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR ASSET BACKED FUNDING ASSET- CORPORATION, BACKEb CERTIFICATES, SERIES 2005-HE1, Plaintiff(s), SUlsdONS -against- C .C Plaintiff designat , MONIQUE DEFOUR JONES, JUSERENE, LLC, SULLIVAN County as hè , place of trial #1" r3 "JOHN #12," DOE through "JOHN DOE Venue is based upq the last twelve names being fictitious County in which tl)g -9 and unknown to plaintiff, the persons or premises are situgedE2 parties intended being the tenants, o 9 :: occupants, persons or corporations, if any, having or claiming an interest in Premises: or lien upon the premises, described in 112 BLACKBERRY LAKE, the complaint, CALLICOON, NY 12748 Defendant(s). ----- ----------------x To Tus ABOVE-NAMED DEFENDANTS: YOUAREHEREBY SUMMONEDtoanswerthe Complaiñt in this action and to serve a copy ofyouranswer,or,iftheCe=plaintisnotservedwiththis Summans, to serve a notice of appearanceon thePlaintiffsAttorney withintwenty(20)daysafterthe service of this Summes, exclusiveofthedayof service(orwithin thirty (30)daysafterthe service is comple.:if this Summons is not personally delivered to you within the State of New York) in the event theUnitedStatesofAmericaismadeapartydefendant, the time to answer for the said UnitedStatesof America shall not expire until sixty (60) days after service ofthe Sum==_a; and in case of your failure to appear or answer, judgment will be taken against you by defaultforthereliefdemandedintheComplaiñt. FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this rermers and complaint by serving a copy of the answer on the attorney for the mortgage campany who filed this foreclosure precceding against you and filing the answer with the court, a default judgmênt 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 infor=aden on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the 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. Dated: Armonk, New York April 18, 2017 LEOPOLD & ASS IATES, PLLC BY: K ra N. eal, Esq. Attorneys for Plaintiff 80 Business Park Drive Suite 110 Armonk, NY 10504 914-219-5787 FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 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 1-800-269-0990 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 "save" Be careful of people who approach you with offers to your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a home owner'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. FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN THE BANK OF NEW YORK MELLON F/K/A THE INDEX NO.: BANK OF NEW YORK AS SUCCESSOR TO Date Filed: JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR ASSET BACKED FUNDING ASSET- CORPORATION, BACKED CERTIFICATES, SERIES 2005-HE1, Plaintiff(s), -against- . COMPLAINT MONIQUE DEFOUR JONES, JUSERENE, LLC, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious O and unknown to plaintiff, the persons or -o parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in o or lien upon the premises, described in the complaint, Defendant(s). - - - - - - - - - - - - - - - - - - - - - x The Complaint of the above-referenced Plaintiff, by its attorneys, Leopold & Associates, PLLC, complains and alleges upon ' information and belief as follows: NATUREOFTHISACTION 1. This action is brought and pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the mortgage dated December 14, 2004 and recorded on 12, in Official -January 2005, Records Book 2899 at Page 632 in the Public Records of the of County SULLIVAN, State of New York (hereinafter referred to as the "Subject Mortgage"). The Mortgage Tax was paid. duly FILED: SULLIVAN COUNTY CLERK 09/27/2021 01:16 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 09/27/2021 2. The premises (hereinafter referred to as "Subject Property") which forms the subject of this action is fully described in Schedule "A" attached hereto. PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4. Upon information and belief, Defendant MONIQUE DEFOUR JONES, at all relevant times, maintains a residence within the State of New York and is the mortgagor pursuant to the Subject Mortgage. The description and interest of the above-referenced Defendant(s) is more fully set forth in Schedule "B". See RPAPL §§§ 1311, 1312, and 1313. 5. Upon information and belief, the remaining Defendant(s), if any and not further set forth hereinbelow, are identified and named for the reasons set forth in Schedule "B". See RPAPL S§§ 1311, 1312, and 1313. #1" #12" 6. Defendants "JOHN DOE through "JOHN DOE are additional 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. See RPAPL §§§ 1311, 1312, and 1_313. RELEVANTFACTS 7. On or about December 14, 2004, MONIQUE DEFOUR JONES duly executed, acknowledged, and delivered a note (hereinafter