Preview
FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021
Affidavit
"L"
Exhibit
FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
Towd Point Mortgage Trust 2018-6, U.S. Bank INDEX NO. EK12020000262
National Association, as Indenture Trustee
Plaintiff(s), Property Address: 4252 Lower Bush
vs. Road, Conewango, NY 14747
Lee D. Harkness, Jennifer Harkness aka Jennifer L. AFFIDAVIT IN SUPPORT OF
Satalino-Harkness, et al- PLAINTIFF'S MOTION FOR
ORDER OF REFERENCE
Defendant(s)
STATE OF UTAH )
)SS
COUNTY OF SALT LAKE )
1, I am an officer of Select Portfolio Servicing, Inc. ("SPS") acting as attorney-in-fact for Towd
Point Mortgage Trust 2018-6, U.S. Bank National Association, as Indenture Trustee, the Plaintiff
herein. SPS is the servicer of the subject mortgage and in such capacity performs mortgage loan
services with respectto the meitgage on the Plaintiff's behalf. As an officer of SPS I am authorized
to make this affidavit on behalf of the Plaintiff. I submit this Affidavit in Support of Plaintiff s
motion for an Order for the Appointrñent of a Referee to compute the amount due.
2. As a mortgage servicer, SPS collects payments from borrowers and maintains up-to-date
electronic records conceming the loans it services in its electronic record-keeping system. I have
access to SPS's business records, including the business records for and relating to the subject
loan. I make this affidavit based upon my review of those recards relating to the Borrower(s)'s
loan and from my own personal knowledge of how the records are kept and maintained. The loan
records are mãistained by SPS in the course of its regularly conducted business activities and are
made at or near the time of the event, by or from infonnation transmitted by a person with personal
knowledge. It is the msular practice to keep such records in the ordinary course of a regularly
conducted business activity.
3. To the extent that the business records ofthe loan in this matter were created by a prior servicer,
the prior servicer's records for the loan were incorporated and boarded into SPS's systems, such
that the prior servicer's records concerning the loan are now part of SPS's business records. SPS
conducts quality control and verification ofthe information received from the prior servicer as part
of the boarding process to ensure the accuracy of the boarded records. It is the regular practice of
servicers'
SPS to incorporate prior records into SPS's büsiüõss records, and SPS routinely relies
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FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021
upon the accuracy of those boarded records in providing its loan servicing functions. These prior
servicer records are integrated and relied upon by SPS as part of SPS's business records.
4. A promissory note dated December 22, 2004 in the amount of $195,500.00 (the "Note") was
signed by or on behalf of Lee D. Harkness ("Borrower(s)"). A true and correct copy of the Note
"A."
is attached hereto as Exhibit
5. The Note was secure by a mortgage securing certain mortgages on a property located at 4252
Lower Bush Road, Conewango, NY 14747 (the "Mortgage").
6. The loan was modified on 06/01/2015 by a Loan Modification Agreement ("Loss
Mitigation") with a first modified payment due on 06/01/2015.
7. The Note and Mortgage, and Loan Modification Agreements, where applicable, are
any
Documents."
collectively referred to as the "Loan
8. According to SPS's business records, the Plaintiff, directly or through an agent, has passession
of the Note, which is either made payable to the Plaintiff or has been duly endorsed, and was in
possession of the Note at the time of the filing of the complaint.
9. Borrower(s) failed to make the payment that was due April 1, 2019 under the Loan Documents,
as well as all subsequent payments, and the loan remains in default.
10. By reason of this default, due and owing to the Plaintiff is the unpaid principal sum of
$132,979.18 with interest bearing por tion thereon at the current rate of7.9900% through
together with and all advances for taxes and unpaid pre-
09/11/2021, any insurance, any
acceleration late charges, and any fees that were incurred b p otect the Plaintiff's interest in
the property described in the Mortgage.
11. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and
procedures. SPS's standard mailing practices are designed to ensure that items are properly
addressed and mailed. Pursuant to SPS's standard mailing practices, notices of default are posted,
addressed, and delivered to the exclusive care of the United States Postal Service in a postage paid,
properly addressed envelope on the date of the notice. SPS does not upload copies of its notices of
default into its imaging system until they are mailed. The notice(s) of default are attached hereto
as Exhibit "B". Based upon SPS's standard mailing practices, as well as my review of the notice(s)
of default, I can confinn that the notice(s) of default dated Nevember 13, 2019 and attached hereto
were sent to the fellowing parties by first class mail on that date: Lee D. Harkness at 4252 Lower
Bush Road, Conewango, NY 14747 and 4252 Lower Bush Rd., Kennedy, NY 14747-0000.
12. As an officer of SPS, I am personally familiar with SPS's standard mailing practices
and procedures. SP S's standard mailing practices are designed to ensure that items are
properly addressed and mailed. Pursuant to SPS's standard mailing practices, ninety
(90) day preforeclosure notices are posted, addreized, and delivered to the care of the United
States Postal 2
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FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021
Service in a postage paid, properly addressed envelope on the date of the notice. SPS does not
upload copies of its ninety (90) day pre-foreclosure notices to its imaging system until they have
been mailed. These ninety (90) day pre-foreclosure notices are attached hereto as Exhibit "C".
The certified barcode included at the top of the cover page that is iñcluded with the notice
indicates that the notice was sent via certified mail while the absence of such barcode
indicates that the notice was sent via first class mail. Based upon SPS's standard mailing
practices, as well as my review of the ninety (90) day pre-foreclosure notices, I can confirm that
the ninety (90) day pre-forcelesüre notices dated September 9, 2019 and attached hereto were
sent to the following parties by certified and first-class mail on that date: Lee D. IIarkness
& Jennifer Harlmess at 4252 Lower Bush Road, Conewañgo, NY 14747 at 4252 Lower Bush
Rd, Kennedy, NY 14747-0000.
WHEREFORE, I respectfúlly request that the within Order of Reference be granted in all respects
Based on the foregoing, Towd Point Mortgage Trust 2018-6, U.S. Bank National Ass6ciâtióñ,
as Indenture Trustee has the right to foreclose,
By: // __
Name: ica Nielsen
Title: Document Control Officer
Select Portfolio Servicing, Inc.
-
Date: 0% 7,Q - 74 2,
(
STATE OF UTAH )
COUNTY OF SALT LAKE )
Subscribed and sworn to before me on this 7Â day of , in the year 20 2, I
Known , a Control Officer of Select
by Document
Portfolio Servicing, Inc., who personally appeared and proved on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument, and acknowledged that he/she
executed the same. Witness my hand and official seal.
Notary Pu
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FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021
CERTIFICATE OF CONFORMITY
STATE OF UTAH )
COUNTY OF SALT LAIΠ)
That the üüdersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice
in the State of Utah; that he/she is a person duly qualified to make this Certificate of Conformity
pursuant to N.Y. Real Property Law § 299-a; that he/she does hereby certify that the
acknowledgement attached hereto was made in the mannei prescribed by the laws of the State of
Utah and that the form of ackñowledgment conforms to the laws of the State of Utah.
IN WITNESS WHEREOF, Ihave hereunto set my hand this
b day of d/ftL 20 .
Name: A ce c
Title: ._
4
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Preview
FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021 Affidavit "L" Exhibit FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA Towd Point Mortgage Trust 2018-6, U.S. Bank INDEX NO. EK12020000262 National Association, as Indenture Trustee Plaintiff(s), Property Address: 4252 Lower Bush vs. Road, Conewango, NY 14747 Lee D. Harkness, Jennifer Harkness aka Jennifer L. AFFIDAVIT IN SUPPORT OF Satalino-Harkness, et al- PLAINTIFF'S MOTION FOR ORDER OF REFERENCE Defendant(s) STATE OF UTAH ) )SS COUNTY OF SALT LAKE ) 1, I am an officer of Select Portfolio Servicing, Inc. ("SPS") acting as attorney-in-fact for Towd Point Mortgage Trust 2018-6, U.S. Bank National Association, as Indenture Trustee, the Plaintiff herein. SPS is the servicer of the subject mortgage and in such capacity performs mortgage loan services with respectto the meitgage on the Plaintiff's behalf. As an officer of SPS I am authorized to make this affidavit on behalf of the Plaintiff. I submit this Affidavit in Support of Plaintiff s motion for an Order for the Appointrñent of a Referee to compute the amount due. 2. As a mortgage servicer, SPS collects payments from borrowers and maintains up-to-date electronic records conceming the loans it services in its electronic record-keeping system. I have access to SPS's business records, including the business records for and relating to the subject loan. I make this affidavit based upon my review of those recards relating to the Borrower(s)'s loan and from my own personal knowledge of how the records are kept and maintained. The loan records are mãistained by SPS in the course of its regularly conducted business activities and are made at or near the time of the event, by or from infonnation transmitted by a person with personal knowledge. It is the msular practice to keep such records in the ordinary course of a regularly conducted business activity. 3. To the extent that the business records ofthe loan in this matter were created by a prior servicer, the prior servicer's records for the loan were incorporated and boarded into SPS's systems, such that the prior servicer's records concerning the loan are now part of SPS's business records. SPS conducts quality control and verification ofthe information received from the prior servicer as part of the boarding process to ensure the accuracy of the boarded records. It is the regular practice of servicers' SPS to incorporate prior records into SPS's büsiüõss records, and SPS routinely relies 1 NY002 J005 FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021 upon the accuracy of those boarded records in providing its loan servicing functions. These prior servicer records are integrated and relied upon by SPS as part of SPS's business records. 4. A promissory note dated December 22, 2004 in the amount of $195,500.00 (the "Note") was signed by or on behalf of Lee D. Harkness ("Borrower(s)"). A true and correct copy of the Note "A." is attached hereto as Exhibit 5. The Note was secure by a mortgage securing certain mortgages on a property located at 4252 Lower Bush Road, Conewango, NY 14747 (the "Mortgage"). 6. The loan was modified on 06/01/2015 by a Loan Modification Agreement ("Loss Mitigation") with a first modified payment due on 06/01/2015. 7. The Note and Mortgage, and Loan Modification Agreements, where applicable, are any Documents." collectively referred to as the "Loan 8. According to SPS's business records, the Plaintiff, directly or through an agent, has passession of the Note, which is either made payable to the Plaintiff or has been duly endorsed, and was in possession of the Note at the time of the filing of the complaint. 9. Borrower(s) failed to make the payment that was due April 1, 2019 under the Loan Documents, as well as all subsequent payments, and the loan remains in default. 10. By reason of this default, due and owing to the Plaintiff is the unpaid principal sum of $132,979.18 with interest bearing por tion thereon at the current rate of7.9900% through together with and all advances for taxes and unpaid pre- 09/11/2021, any insurance, any acceleration late charges, and any fees that were incurred b p otect the Plaintiff's interest in the property described in the Mortgage. 11. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and procedures. SPS's standard mailing practices are designed to ensure that items are properly addressed and mailed. Pursuant to SPS's standard mailing practices, notices of default are posted, addressed, and delivered to the exclusive care of the United States Postal Service in a postage paid, properly addressed envelope on the date of the notice. SPS does not upload copies of its notices of default into its imaging system until they are mailed. The notice(s) of default are attached hereto as Exhibit "B". Based upon SPS's standard mailing practices, as well as my review of the notice(s) of default, I can confinn that the notice(s) of default dated Nevember 13, 2019 and attached hereto were sent to the fellowing parties by first class mail on that date: Lee D. Harkness at 4252 Lower Bush Road, Conewango, NY 14747 and 4252 Lower Bush Rd., Kennedy, NY 14747-0000. 12. As an officer of SPS, I am personally familiar with SPS's standard mailing practices and procedures. SP S's standard mailing practices are designed to ensure that items are properly addressed and mailed. Pursuant to SPS's standard mailing practices, ninety (90) day preforeclosure notices are posted, addreized, and delivered to the care of the United States Postal 2 NY002 J005 FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021 Service in a postage paid, properly addressed envelope on the date of the notice. SPS does not upload copies of its ninety (90) day pre-foreclosure notices to its imaging system until they have been mailed. These ninety (90) day pre-foreclosure notices are attached hereto as Exhibit "C". The certified barcode included at the top of the cover page that is iñcluded with the notice indicates that the notice was sent via certified mail while the absence of such barcode indicates that the notice was sent via first class mail. Based upon SPS's standard mailing practices, as well as my review of the ninety (90) day pre-foreclosure notices, I can confirm that the ninety (90) day pre-forcelesüre notices dated September 9, 2019 and attached hereto were sent to the following parties by certified and first-class mail on that date: Lee D. IIarkness & Jennifer Harlmess at 4252 Lower Bush Road, Conewañgo, NY 14747 at 4252 Lower Bush Rd, Kennedy, NY 14747-0000. WHEREFORE, I respectfúlly request that the within Order of Reference be granted in all respects Based on the foregoing, Towd Point Mortgage Trust 2018-6, U.S. Bank National Ass6ciâtióñ, as Indenture Trustee has the right to foreclose, By: // __ Name: ica Nielsen Title: Document Control Officer Select Portfolio Servicing, Inc. - Date: 0% 7,Q - 74 2, ( STATE OF UTAH ) COUNTY OF SALT LAKE ) Subscribed and sworn to before me on this 7 day of , in the year 20 2, I Known , a Control Officer of Select by Document Portfolio Servicing, Inc., who personally appeared and proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same. Witness my hand and official seal. Notary Pu 3 NY 002 J005 FILED: CHAUTAUQUA COUNTY CLERK 09/14/2021 12:26 PM INDEX NO. EK12020000262 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/14/2021 CERTIFICATE OF CONFORMITY STATE OF UTAH ) COUNTY OF SALT LAIŒ ) That the üüdersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in the State of Utah; that he/she is a person duly qualified to make this Certificate of Conformity pursuant to N.Y. Real Property Law § 299-a; that he/she does hereby certify that the acknowledgement attached hereto was made in the mannei prescribed by the laws of the State of Utah and that the form of ackñowledgment conforms to the laws of the State of Utah. IN WITNESS WHEREOF, Ihave hereunto set my hand this b day of d/ftL 20 . Name: A ce c Title: ._ 4 NY002J005