Preview
FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021
SUPREMECOURTOFTHE STATEOFNEW YORK INDEXNO.
COUNTY OF RENSSELAER
NATIONSTAR MORTGAGE LLC D/B/A MR.
COOPER,
Plaintiff designates RENSSELAER as the
Plaintiff, place of trial situs of the real property
SUMMONS
BARBARA J. JOHNSON; STEPHANIE V.
JOHNSON,
#1" #12,"
"JOHN DOE through "JOHN DOE the Subject Property:
last twelve names being fictitious and unknown to 31 MADISON AVENUE
plaintiff, the persons or parties intended being the TROY, NY 12180
tenants, occupants, persons or corporations, if any,
or claiming an interest in or lien upon the Inde× # 2013 -2s048 3
having
O8/O3/ 2016 03: 37: 52 PM
premises, described in the complaint,
Frank 3 Merola
R ns-elatt:.County
c er .s of f,ce
Defendants.
To the above named Defendâñts
YOU ARE HEREBY SUMMONED to answer the compisist in this action and to serve a copy of
your answer, or, if the cc-mplaint is not served with this summons, to serve a notice of appearance on the
Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete if this summons is not personally delivered to you within the
State of New York) in the event the United States of America is made a party defendant, the time to
answer for the said United States of America shall not expire until (60) days after service of the
Sgmmnns; and in case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the complaint.
IlllllilIIIIIlllIllIllllllIlilllII llllll11111111111111111111lll|1111111 llll11111l|ll111H1 lillll
18-172756 - MeM
Drafter:Melina Moraitis
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this s:==::3 and complaint by serving a copy of the answer on the
attorney for the mortgage company who fued this foreclosure proceeding against you and filing the
answer with the court, a default judgmêñt may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pêsdisg for further infor:sséêñ on how
to answer the s==±ers and protect your property.
Sending a payment to the mortgage company will not stop the foreclointire 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: 7/30/2018
RAS Boriskin, LLC
Attorney for Plaintiff
BY:
[ ] SA A BORISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ] ANNETTE SHACHTER, ESQ.
[w] ALECIA C. DANIEL, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
INDEX NO.
NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER,
COMPLAINT
Plaintiff,
vs. Subject Property:
31 MADISON AVENUE
TROY, NY 12180
BARBARA J. JOHNSON; STEPHANIE V. JOHNSON,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
Inde x # 2018 -26048 3
twelve names being fictitious and unknown to 08/O3/a:R8 03: 37: E2 Pi
plaintiff, the persons or parties intended the Frank 3 Merola
being
unt.y
tenants, 0ccüpâñts, persons or corporations, if any, t rTf·iÊ
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
The ceep!šir:t of the above-named plaintiff, by RAS Boriskin, LLC, its attorneys, alleges upon
information and belief as follows:
1. Plaintiff is organized under the laws of the United States of America or its state of formation.
2. On September 05, 2007, STEPHANIE V. JOHNSON AND BARBARA J. JOHNSON duly
executed and delivered a note whereby STEPHANIE V. JOHNSON AND BARBARA J. JOHNSON
promised to pay the sum of $168,743.00 plus interest as set forth in said note. A copy of said note is
annexed hereto.
3. Plaintiff, directly or through an agent has complied with all spp!icsble laws in an ansmpt to
establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff
has possession and control of the original note and mortgage, which note is secured by the mortgage
identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent
that the original note or interim assigñmeñts of mortgage are lost or unavailable, Plaintiff has the right
to foreclose the subject note and mortgage pursuant to New York law.
111111111111111111111111111111111 111111111111111111111111ll111111111111 l|I11111111111111II IIll
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4. That to secure the payment of the sum represented by said note, STEPHANIE V. JOHNSON
AND BARBARA J. JOHNSON, executed and delivered a mortgage which was recorded as
duly
follows and the mortgage tax thereon was duly paid:
Recording Date: November 08, 2007
County: RENSSELAER
Book 4382 Page 76
Said mortgage was assigned to Plaintiff by assignmor.: of mortgage duly executed on a date prior to
the filing of the cemp!sist. A copy of said mortgage is annexed hereto.
5. Said mortgage secured the real propeity known as 3I MADISON AVENUE, TROY, NEW
YORK I2180 and by Section 112.40, Block 3, Lot 26 together with all fixtures and articles of personal
property annexed to, installed in, or used in connection with the mortgaged promises, all as is more
fully set forth in said mortgage. A copy of the legal description is set forth on Schedule A annexed.
6. Plaintiff is the owner and holder of said note and mortgage or has been deiêgated the authority
to institute a mun3asc foreclosure action by the owner and holder of the said note and mortgage.
7. Upon information and belief, Plaintiff complied with RPAPL 1304 and RPAPL 1306 unless
exempt from doing so. Moreover, PlaintitThas complied with all conditions precedcat centsised in the
mortgage, if any.
8. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law
section 595-a and rules and regulations promulgated Law sections 6-I and 6-
any thereunder, Banking
m.
9. That Defced£ñts failed to comply with the conditions of the note and mortgage by failing to
make the payment that became due on November 01, 2015 and each subeqüêñt payment thereafter.
10. That by reason of such defaults, Plaintiff hereby declares the balance of the principal
indebtedness immediately due and payable.
1 1. That there is now due and owing to the plaintiff, the principal sum of $147,848.92 with interest
thereon from October 01, 2015 plus acc9meisted late charges together with any sums advanced by the
plaintiff on behalf of defendant.
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12. That plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commeñœment of this action, of any
or all of the defaults mentioned herein; and such election shall continue and remain effective until the
costs and disbursements of this action, and any and all future defaults under the aforesaid bond or note
and mortgage, and occurring prior to the disccet!ñësece of this action are fully paid.
13. That to protect its security afforded by said note and mortgage, it may be necessary for the
plaintiff to pay taxes, assessments, water rates and insurance premiuma which are, or may become liens
on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff
hereby demands that any amoüñts which may be so expended shall be added to the amount of the
principal sum secured by said note and mortgage, together with interest from the time of any such
payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein.
14. That the plaintiff alleges that no other proceedings have been had for the recovery of the
mortgage indebtedness or if any such action is pcading, a final judgment was not rendered in favor of
Plaintiff and such action is intended to be discontinued.
15. That plaintiff further alleges that all the defendants have, or may claim to have, some interest
in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject
and subordinate to the lien of the mortgage being foreclosed.
defcadants' "B"
16. The description of each of the named party interest is set out on Schedéê
annexed.
"C"
17. The interest or lien of each of the named party defendants, if any, is set forth in Schedalc
annexed.
18. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable
attorneys'
fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises.
19. That the sale of the mortgaged premises and title thereto are subject to the state of facts an
accurate survey will show; all covenants, restrictions, easemêñts, agreements and reservaticas, if any, of
record, and to any and all violations thereof; any and all bdiding and zoning regulations, restrictions
and ordinances of the municipality in which said premises are situated, and to any violâtions of the
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same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all
orders or requirements issued by any governmêñtal body having jurisdiction against or affecting said
premises and any violation of the same; the physical condition of any building or structure on the
premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and
judgmcats, if any, now liens of record; right of Redemption of United States of America, if any; rights
of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any;
any and all Hazardous Materials in the premises iñclüding, but not limited to, f's::±!: explosives,
radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic
substances; and other conditions as set forth in the terms of sale more particulâdy to be anneneced at
the sale.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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WHEREFORE, plaintiff demands judgmcñt against the defendants as follows:
A. The defendants and each of them, and all persons claimiñg under them, or any of them
subsequent to the commeñcement of this action and the filing of the Notice of Pendency thereof,
may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey will
show; all cavesâñts, restrictions, easements, agreements and reservatioñs, if any, of record, and
to any and all violations thereof; any and all building and zoning regülaticas, restrictions and
ordinances of the municipality in which said premises are situated, and to any vio!âtions of the
same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any
and all orders or requirements issued by any governmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of any building or
structure on the premises as of the date of closing hereunder; rights of tenants in possession, if
any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United
States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section
2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including,
but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material centsiñ!ñg asbestos, and toxic substances; and other conditions as set forth in the terms
of sale more particularly to be aññoüñced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law subject to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums expended by plaintiff
prior to and during the pendency of this action, and for thirty days after any sale demanded herein
for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and
essential charges or expenses in connection therewith to protect the mõrtgage lien, plus any sums
expended for the protection or preservation of the property covered by said mortgage and note,
and the amount secured thereby, with interest thereon from the time of such payment and the
attorneys'
costs and expenses of this action including reasonable fees so far as the amount of
such monies properly applicable thereto will pay the same;
F. The plaintiff be decreed to be the owner of any and all personal property used in
connection with the said mortgaged premises, except if discharged in bankruptcy;
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G. The obligors may be adjudged to pay any deficiency which may remain after applying all
of said monies so applicable thereto unless the obligors were discharged in bankruptcy;
H. awarding the relief requested in the additional causes of action stated in the ec-mp'sist, if
any;
I. Plaintiff shall have such other and further relief or both, in the premises as shall be just
and equitable.
RAS Boriskin, LLC
Attorney for Plaintiff
BY:
[ ] SA
As
A BORISKIN,
,
ESQ.
4
[ } ANTHONY CELLUCCI, ESQ.
[ ] ANNETTE SHACHTER, ESQ.
k} ALECIA C. DANIEL, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY I I590
516-280-7675
18-172756 - MeM Drafter:Melina Moraitis
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FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021
(Page 1 of 2)
Cop
Y
MIN: Loan Number
NOTE
FHACASENO.
SEPTEMBER 5, 2007
(Duta)
31 MADISON AVENUE, TROY, NEW YORK 12180
Addressi
IProptity
1, PARTIES
"Borrower"
andassigns."Lender"means
meanseachpersonsigningat theendof thisNote,andtheperson'ssuccessors
FIRST ALTBRNATIVE MORTGAGE CORP, A NEW YORK CORPORATION (CFL #
100284)
andits successors
andassigns.
2. BGRROWER'SPROMtSE TO PAY;1NTEREST
In returnfor aloanreceivedfrom Leader,Borrowerpromises to paythe principalsumof ONE HUNDRED
SIXTY-EIGHT THOUSAND SEVEN HUNDRED FORTY-TEREE AND 00/100 Dollars
(Us.3 168, 743.00 ), plusintest, to thearderof Leader Interestwinbechargedon unpaidprincipal,
fromthe dateof disbursement of theloanproceeds by Leader,asthe rateof SEVEN AND 250/1000
percent( 7.250 %) peryear
untd thefull amountof principalhasbeenpald.
3, PROMISETO PAYSECURED
Borrower'spremiseto payissecuredby a mortgage,deedof trustor similarscturityastrument(batis datedthesame
dateasthisNoteandcalledthe "Securityinstrument,"TheSecuritylostrumentprotectstheLenderfromlosseswhkhmight
reult if RorrowerdefaultsunderthisNate
4. MANNER0F FAYMENT
(A) Time
Borrowershall makea paymentof prindpal and fatcrestto Lenderon the first day of eachmonth beginning
on NOVEMBER 1. 2007 Any principalandtitterestremainingon thefirst dayof
OCTOBER 1, 2037 Date"
, willbe dueon thatdate,whichis calledthe "Muturhy
(B) Place
Paymentshallbemadeat 145 HUGUENOT ST, #109, NEW ROCHELLE, NEW YORK
10801
or at suchotherplacesaLendermaydesignate
in writingby noticeto Borrower
(C) Amount
Eachmonthlypaymentof principalandintesestwtil bein theamountof U.S $ 1, 151. 12
Thisamountwill bepartof a largermontMypaymentrequiredby the SecurityInstrument,that shallbeappliedto prlaclpal,
interestandotheritemsin theorderdescribed
in the Securityinstrument.
(D) ADongeto this Notefor PaymentAdjustments
if an allongeprovidingfor paymentadjustmeans
is executed of the
by Borrowertogetherwith ttits Note.the covenants
aljengeshallbe incorporatedinto andshallaniendundsupplernent of ablsNoteasif the allengewerea part
thecovenants
of thisNote (Checkapphcable box.)
GrowingEquityAllonge GraduatedPaymentAllonge
Other [specify|
5. BORROWER'SRIGHTTOPREPAY
bythisNote,in who)cor in part.withoutchargeor penalty,onthelirst
Borrowerhasthe rightto paythedebtevidenced
dayof anymonth.Landershallacceptprepayment onotherdaysprovidedthatBorrowerpaysinterestontheautonntprepaid
for theremainderoftbe monthto theextentreqmredby Landerandpernuttedby regulations ofthe SecretaryifBorrower
makesa partlatprepayment. therewmbenochanges in theduedateor in theamountof the mandilypaymentunlessLender
agreesin writingto thine changes,
MUi.1EfA18Fl1AFlXEDRA1ENCTIE01/96)
peness
sy•rms.im
majserser Page1of ?.
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021
(Page 2 of 2)
..... . . . . .
Cop
8 BORROWER'SFAILURETO PAY
COPY
(A) LateChargefor OverduePayments
ItLenderhasnotreoelvedse fatt monthlypaymentrequiredbytheSecurityInstrument,asdescribed
in Pangraph4(C)
of als Kote,by thecadof fMteencalendardaysafterthepaymentis due,Leader
maycotecta tatechargein theamountof
FOUR AND 000/1000 percent( 4 . 000 %)
of the overdueamountof eachpayment
(B) Default
If Borrowerdefaultsbyfallingto payin full anymonthlypayment,thenLeadermay.exceptaslindledby regulations of
the Secretary in thecaseof paymentdefaults.requireimmediatepaymentin full of theprincipalbalanceremainlagdueand
allaccruedInterest Leadermaychoosenorto exercise th)sopHoswithoutwaitingits rightsin theeventof anysuhaeggent
default. In manycircumstances regu1stionsissuedby the Secretany
wilt limRLeader'srightsto requireimmediatepayment
in full in thecaseof paymentdefauks ThisNotedoesnot authorizescceleration whennot permittedby KUD regetations
As usedInthis Note, *Secretary"
meansthe Senetaryof NossingandUrbseDevelopraent or hisor her designae
(C) Paymentorcests and Expenses
If Leaderhasrequiredteacdlate paymentin futi, asdescribedabove,LeadermayrequireBarrowerto paycostsand
expcases attorseys'feesfor
indudingreasonab1c
andcustomary enforcingthisNoteto theextentnotprohibitedby appUcable
law SuchfeesandcostsshallbearInterestfromthedateof dhburseinent at the samerateasthe principalof tidsNole.
L WAtVERS
Barrowerand any other personwigohasobilgationsunderthisNotewaivethe rightsof presentment andnoticeof
dishonor."Presentment" meanstherightto sequireLeaderto demandpaymentof amountsdue. "Noticeof dishonor"means
the rightto requireI anderto givenodcecootherpersonsthat amountsduehavenot beenpaid
8. CIVING0F NOTICES
Unlessappilcahte lawrequiresa differeofasethod,anynoticeeat mustbegivento BarrowerunderthisNotewillbegiven
by deliveringit or by mailingit by Grstclus mail to Borrowerat the properlyaddressaboveor at a differentaddress
if
BorrowerhasgivenLeadera anticeof Rurruwe differentaddress
Preview
FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREMECOURTOFTHE STATEOFNEW YORK INDEXNO. COUNTY OF RENSSELAER NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Plaintiff designates RENSSELAER as the Plaintiff, place of trial situs of the real property SUMMONS BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, #1" #12," "JOHN DOE through "JOHN DOE the Subject Property: last twelve names being fictitious and unknown to 31 MADISON AVENUE plaintiff, the persons or parties intended being the TROY, NY 12180 tenants, occupants, persons or corporations, if any, or claiming an interest in or lien upon the Inde× # 2013 -2s048 3 having O8/O3/ 2016 03: 37: 52 PM premises, described in the complaint, Frank 3 Merola R ns-elatt:.County c er .s of f,ce Defendants. To the above named Defendâñts YOU ARE HEREBY SUMMONED to answer the compisist in this action and to serve a copy of your answer, or, if the cc-mplaint is not served with this summons, to serve a notice of appearance on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Sgmmnns; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. IlllllilIIIIIlllIllIllllllIlilllII llllll11111111111111111111lll|1111111 llll11111l|ll111H1 lillll 18-172756 - MeM Drafter:Melina Moraitis 1 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this s:==::3 and complaint by serving a copy of the answer on the attorney for the mortgage company who fued this foreclosure proceeding against you and filing the answer with the court, a default judgmêñt may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pêsdisg for further infor:sséêñ on how to answer the s==±ers and protect your property. Sending a payment to the mortgage company will not stop the foreclointire 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: 7/30/2018 RAS Boriskin, LLC Attorney for Plaintiff BY: [ ] SA A BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ] ANNETTE SHACHTER, ESQ. [w] ALECIA C. DANIEL, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 18-172756 - MeM Drafter:Melina Moraitis 2 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER INDEX NO. NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, COMPLAINT Plaintiff, vs. Subject Property: 31 MADISON AVENUE TROY, NY 12180 BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, #1" #12," "JOHN DOE through "JOHN DOE the last Inde x # 2018 -26048 3 twelve names being fictitious and unknown to 08/O3/a:R8 03: 37: E2 Pi plaintiff, the persons or parties intended the Frank 3 Merola being unt.y tenants, 0ccüpâñts, persons or corporations, if any, t rTf·iÊ having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. The ceep!šir:t of the above-named plaintiff, by RAS Boriskin, LLC, its attorneys, alleges upon information and belief as follows: 1. Plaintiff is organized under the laws of the United States of America or its state of formation. 2. On September 05, 2007, STEPHANIE V. JOHNSON AND BARBARA J. JOHNSON duly executed and delivered a note whereby STEPHANIE V. JOHNSON AND BARBARA J. JOHNSON promised to pay the sum of $168,743.00 plus interest as set forth in said note. A copy of said note is annexed hereto. 3. Plaintiff, directly or through an agent has complied with all spp!icsble laws in an ansmpt to establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff has possession and control of the original note and mortgage, which note is secured by the mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent that the original note or interim assigñmeñts of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 111111111111111111111111111111111 111111111111111111111111ll111111111111 l|I11111111111111II IIll 18-172756 - MeM Drafter:Melina Moraitis 3 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 4. That to secure the payment of the sum represented by said note, STEPHANIE V. JOHNSON AND BARBARA J. JOHNSON, executed and delivered a mortgage which was recorded as duly follows and the mortgage tax thereon was duly paid: Recording Date: November 08, 2007 County: RENSSELAER Book 4382 Page 76 Said mortgage was assigned to Plaintiff by assignmor.: of mortgage duly executed on a date prior to the filing of the cemp!sist. A copy of said mortgage is annexed hereto. 5. Said mortgage secured the real propeity known as 3I MADISON AVENUE, TROY, NEW YORK I2180 and by Section 112.40, Block 3, Lot 26 together with all fixtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged promises, all as is more fully set forth in said mortgage. A copy of the legal description is set forth on Schedule A annexed. 6. Plaintiff is the owner and holder of said note and mortgage or has been deiêgated the authority to institute a mun3asc foreclosure action by the owner and holder of the said note and mortgage. 7. Upon information and belief, Plaintiff complied with RPAPL 1304 and RPAPL 1306 unless exempt from doing so. Moreover, PlaintitThas complied with all conditions precedcat centsised in the mortgage, if any. 8. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law section 595-a and rules and regulations promulgated Law sections 6-I and 6- any thereunder, Banking m. 9. That Defced£ñts failed to comply with the conditions of the note and mortgage by failing to make the payment that became due on November 01, 2015 and each subeqüêñt payment thereafter. 10. That by reason of such defaults, Plaintiff hereby declares the balance of the principal indebtedness immediately due and payable. 1 1. That there is now due and owing to the plaintiff, the principal sum of $147,848.92 with interest thereon from October 01, 2015 plus acc9meisted late charges together with any sums advanced by the plaintiff on behalf of defendant. 18-172756 - MeM Drafter:Melina Moraitis 4 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 12. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commeñœment of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the aforesaid bond or note and mortgage, and occurring prior to the disccet!ñësece of this action are fully paid. 13. That to protect its security afforded by said note and mortgage, it may be necessary for the plaintiff to pay taxes, assessments, water rates and insurance premiuma which are, or may become liens on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby demands that any amoüñts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein. 14. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or if any such action is pcading, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 15. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed. defcadants' "B" 16. The description of each of the named party interest is set out on Schedéê annexed. "C" 17. The interest or lien of each of the named party defendants, if any, is set forth in Schedalc annexed. 18. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable attorneys' fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises. 19. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easemêñts, agreements and reservaticas, if any, of record, and to any and all violations thereof; any and all bdiding and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violâtions of the 18-172756 - MeM Drafter.Melina Moraitis 5 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmêñtal body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgmcats, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises iñclüding, but not limited to, f's::±!: explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particulâdy to be anneneced at the sale. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 18-172756 - MeM Drafter:Melina Moraitis 6 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 WHEREFORE, plaintiff demands judgmcñt against the defendants as follows: A. The defendants and each of them, and all persons claimiñg under them, or any of them subsequent to the commeñcement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; all cavesâñts, restrictions, easements, agreements and reservatioñs, if any, of record, and to any and all violations thereof; any and all building and zoning regülaticas, restrictions and ordinances of the municipality in which said premises are situated, and to any vio!âtions of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material centsiñ!ñg asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be aññoüñced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mõrtgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the attorneys' costs and expenses of this action including reasonable fees so far as the amount of such monies properly applicable thereto will pay the same; F. The plaintiff be decreed to be the owner of any and all personal property used in connection with the said mortgaged premises, except if discharged in bankruptcy; 18-172756 - MeM Drafter:Melina Moraitis 7 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 G. The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; H. awarding the relief requested in the additional causes of action stated in the ec-mp'sist, if any; I. Plaintiff shall have such other and further relief or both, in the premises as shall be just and equitable. RAS Boriskin, LLC Attorney for Plaintiff BY: [ ] SA As A BORISKIN, , ESQ. 4 [ } ANTHONY CELLUCCI, ESQ. [ ] ANNETTE SHACHTER, ESQ. k} ALECIA C. DANIEL, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY I I590 516-280-7675 18-172756 - MeM Drafter:Melina Moraitis 8 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 (Page 1 of 2) Cop Y MIN: Loan Number NOTE FHACASENO. SEPTEMBER 5, 2007 (Duta) 31 MADISON AVENUE, TROY, NEW YORK 12180 Addressi IProptity 1, PARTIES "Borrower" andassigns."Lender"means meanseachpersonsigningat theendof thisNote,andtheperson'ssuccessors FIRST ALTBRNATIVE MORTGAGE CORP, A NEW YORK CORPORATION (CFL # 100284) andits successors andassigns. 2. BGRROWER'SPROMtSE TO PAY;1NTEREST In returnfor aloanreceivedfrom Leader,Borrowerpromises to paythe principalsumof ONE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FORTY-TEREE AND 00/100 Dollars (Us.3 168, 743.00 ), plusintest, to thearderof Leader Interestwinbechargedon unpaidprincipal, fromthe dateof disbursement of theloanproceeds by Leader,asthe rateof SEVEN AND 250/1000 percent( 7.250 %) peryear untd thefull amountof principalhasbeenpald. 3, PROMISETO PAYSECURED Borrower'spremiseto payissecuredby a mortgage,deedof trustor similarscturityastrument(batis datedthesame dateasthisNoteandcalledthe "Securityinstrument,"TheSecuritylostrumentprotectstheLenderfromlosseswhkhmight reult if RorrowerdefaultsunderthisNate 4. MANNER0F FAYMENT (A) Time Borrowershall makea paymentof prindpal and fatcrestto Lenderon the first day of eachmonth beginning on NOVEMBER 1. 2007 Any principalandtitterestremainingon thefirst dayof OCTOBER 1, 2037 Date" , willbe dueon thatdate,whichis calledthe "Muturhy (B) Place Paymentshallbemadeat 145 HUGUENOT ST, #109, NEW ROCHELLE, NEW YORK 10801 or at suchotherplacesaLendermaydesignate in writingby noticeto Borrower (C) Amount Eachmonthlypaymentof principalandintesestwtil bein theamountof U.S $ 1, 151. 12 Thisamountwill bepartof a largermontMypaymentrequiredby the SecurityInstrument,that shallbeappliedto prlaclpal, interestandotheritemsin theorderdescribed in the Securityinstrument. (D) ADongeto this Notefor PaymentAdjustments if an allongeprovidingfor paymentadjustmeans is executed of the by Borrowertogetherwith ttits Note.the covenants aljengeshallbe incorporatedinto andshallaniendundsupplernent of ablsNoteasif the allengewerea part thecovenants of thisNote (Checkapphcable box.) GrowingEquityAllonge GraduatedPaymentAllonge Other [specify| 5. BORROWER'SRIGHTTOPREPAY bythisNote,in who)cor in part.withoutchargeor penalty,onthelirst Borrowerhasthe rightto paythedebtevidenced dayof anymonth.Landershallacceptprepayment onotherdaysprovidedthatBorrowerpaysinterestontheautonntprepaid for theremainderoftbe monthto theextentreqmredby Landerandpernuttedby regulations ofthe SecretaryifBorrower makesa partlatprepayment. therewmbenochanges in theduedateor in theamountof the mandilypaymentunlessLender agreesin writingto thine changes, MUi.1EfA18Fl1AFlXEDRA1ENCTIE01/96) peness sy•rms.im majserser Page1of ?. 9 of 23 FILED: RENSSELAER COUNTY CLERK 08/03/2018 INDEX NO. EF2018-260483 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 (Page 2 of 2) ..... . . . . . Cop 8 BORROWER'SFAILURETO PAY COPY (A) LateChargefor OverduePayments ItLenderhasnotreoelvedse fatt monthlypaymentrequiredbytheSecurityInstrument,asdescribed in Pangraph4(C) of als Kote,by thecadof fMteencalendardaysafterthepaymentis due,Leader maycotecta tatechargein theamountof FOUR AND 000/1000 percent( 4 . 000 %) of the overdueamountof eachpayment (B) Default If Borrowerdefaultsbyfallingto payin full anymonthlypayment,thenLeadermay.exceptaslindledby regulations of the Secretary in thecaseof paymentdefaults.requireimmediatepaymentin full of theprincipalbalanceremainlagdueand allaccruedInterest Leadermaychoosenorto exercise th)sopHoswithoutwaitingits rightsin theeventof anysuhaeggent default. In manycircumstances regu1stionsissuedby the Secretany wilt limRLeader'srightsto requireimmediatepayment in full in thecaseof paymentdefauks ThisNotedoesnot authorizescceleration whennot permittedby KUD regetations As usedInthis Note, *Secretary" meansthe Senetaryof NossingandUrbseDevelopraent or hisor her designae (C) Paymentorcests and Expenses If Leaderhasrequiredteacdlate paymentin futi, asdescribedabove,LeadermayrequireBarrowerto paycostsand expcases attorseys'feesfor indudingreasonab1c andcustomary enforcingthisNoteto theextentnotprohibitedby appUcable law SuchfeesandcostsshallbearInterestfromthedateof dhburseinent at the samerateasthe principalof tidsNole. L WAtVERS Barrowerand any other personwigohasobilgationsunderthisNotewaivethe rightsof presentment andnoticeof dishonor."Presentment" meanstherightto sequireLeaderto demandpaymentof amountsdue. "Noticeof dishonor"means the rightto requireI anderto givenodcecootherpersonsthat amountsduehavenot beenpaid 8. CIVING0F NOTICES Unlessappilcahte lawrequiresa differeofasethod,anynoticeeat mustbegivento BarrowerunderthisNotewillbegiven by deliveringit or by mailingit by Grstclus mail to Borrowerat the properlyaddressaboveor at a differentaddress if BorrowerhasgivenLeadera anticeof Rurruwe differentaddress