Preview
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022
EXHIBIT M
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
____________________________.x
NATIONSTAR MORTGAGE LLC D/B/A MR. INDEX NO.: 2018-260483
COOPER,
Plaintiff, AFFIRMATION OF REGULARITY
-against-
MORTGAGED PROPERTY:
BARBARA J. JOHNSON; STEPHANIE V-
31 MADISON AVENUE
JOHNSON, NY 12180
TROY,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
COUNTY: RENSSELAER
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants, SBL#: Section 112.40, Block 3, Lot 26
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises
described in the Complaint,
Defendant(s).
____--_____________________________-__Ç
Glenn W. Caulfield, Esq. pursuant to CPLR 2106 and under the penalties of perjury,
affirms as follows:
1. I am an attorney at law and an associate with RAS Boriskin, LLC, the attorneys of
record for the Plaintiff. 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 residential mortgage foreclosure action was commenced by filing the
surnmons and complaint in the RENSSELAER County Clerk's office on August 3, 2018, in the
County where the mortgaged property is located. The action was brought to foreclose a
residential mortgage recorded on November 8, 2007 in Liber 4382 and Page 76.
..
18-172756 - RoO
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022
3. On August 3, 2018, Plaintiff filed a notice of pendency, a copy of which is
attached hereto as Exhibit "I". On November 16, 2018, Plaintiff re-filed the notice of pendency
in accordance with RPAPL §l331 and CPLR Article 65, a copy of which is annexed hereto as
Exhibit "I".
4. The summons, complaint and notice of pendency are in the form prescribed by
statute and contain all 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. According to the affidavit of service, the summons was served together with
the complaint. Copies of the summons, complaint, notice of pendency and affidavits of service
are annexed hereto as Exhibits "H, I, & J".
5. Since the filing of the notice of pendency, the Complaint in this action has not
been amended by making new parties to this action, or so as to affect other property not
described in the original Complaint, or so as to extend the claims of plaintiff as against the
mortgaged premises.
6. STEPHANIE V. JOHNSON and BARBARA J. JOHNSON ("Borrowers")
executed a Note dated September 5, 2007 in the amount of $168,743.00 ("Note"). As security
for the Note, STEPHANIE V. JOHNSON and BARBARA J. JOHNSON, ("Mortgagors")
executed a mortgage in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. AS NOMINEE FOR FIRST ALTERNATIVE MORTGAGE CORP, A NEW YORK
CORPORATION, secured by the Premises, dated September 5, 2007 and recorded on November
18-172756 - RoO
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022
8, 2007 in Liber 4382 at Page 76 ("Mortgage"). A copy of the Note is annexed hereto as Exhibit
"B". A copy of the Mortgage is annexed hereto as Exhibit "C".
7. The Note was endorsed for the benefit of, and transferred to, Plaintiff. The
Mortgage transfers as incident to the Note. See Bank of NY v. Silverberg, 86 A.D. 3d 274, 926
N.Y.S.2d 532 (2nd Dep't 2011).
8. Prior to the commencement of this action, the mortgage was validly assigned from
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRST
ALTERNATIVE MORTGAGE CORP to HSBC BANK USA, NA by written instrument dated
January 25, 2016 and recorded in the office of the County Clerk on February 2, 2016 in book
7725, at page 129. Then the Mortgage was assigned from HSBC BANK USA, NA to Nationstar
Mortgage LLC d/b/a Mr. Cooper by written instrument dated July 20, 2018 and recorded in the
office of the County Clerk on August 10, 2018 in book 8588, beginning on page 203. A true and
accurate copy of the Assignments are annexed hereto as Exhibit "D".
9. As set forth in the affidavit annexed hereto as Exhibit "L", Borrowers defaulted
on the loan by failing to make the November 1, 2015 payment and subsequent payments.
10. Defendants were timely served with the 90-Day Pre-Foreclosure notice required
by RPAPL §l304. Plaintiff filed the name, address and telephone number of the Defendants, 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 RPAPL
by
18-172756 - RoO
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022
§l306. Copies of these notices are attached hereto as Exhibit "F", see also the affidavit of
Connie Melendez, attached hereto as Exhibit "L".
11. Nevertheless, mailing of the 90 day notices is not jurisdictional and in the absence
of the defense being interposed by a Defendant, Plaintiff is not obligated to disprove the defense
as part of its prima facie case. US Bank v. Carey, 137 AD3d 894 (2d Dep't 2016); Flagstar Bank,
FSB v. Jambelli, 140 AD3d 829 (2d Dep't 2016).
12. Upon information and belief, that all of defendants are of full age; that none of
defendants are in the armed services of the United States of America.
13. That more than the legally required time period has elapsed since the due service
of the Summons and Complaint herein upon all of defendants.
14.
15. 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.
16. That the proceedings herein have been regular and according to law.
17. No previous application for a Judgment of Foreclosure and Sale has been made.
18. The undersigned affirms that the foregoing statements are true, under the penalties
of perjury.
DATED: October 30, 2020
Westbury, New York
Glenn W. Caulfield, Es .
18-172756 - RoO
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022
Preview
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022 EXHIBIT M FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ____________________________.x NATIONSTAR MORTGAGE LLC D/B/A MR. INDEX NO.: 2018-260483 COOPER, Plaintiff, AFFIRMATION OF REGULARITY -against- MORTGAGED PROPERTY: BARBARA J. JOHNSON; STEPHANIE V- 31 MADISON AVENUE JOHNSON, NY 12180 TROY, #1" #12," "JOHN DOE through "JOHN DOE the last COUNTY: RENSSELAER twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, SBL#: Section 112.40, Block 3, Lot 26 occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the Complaint, Defendant(s). ____--_____________________________-__Ç Glenn W. Caulfield, Esq. pursuant to CPLR 2106 and under the penalties of perjury, affirms as follows: 1. I am an attorney at law and an associate with RAS Boriskin, LLC, the attorneys of record for the Plaintiff. 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 residential mortgage foreclosure action was commenced by filing the surnmons and complaint in the RENSSELAER County Clerk's office on August 3, 2018, in the County where the mortgaged property is located. The action was brought to foreclose a residential mortgage recorded on November 8, 2007 in Liber 4382 and Page 76. .. 18-172756 - RoO FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022 3. On August 3, 2018, Plaintiff filed a notice of pendency, a copy of which is attached hereto as Exhibit "I". On November 16, 2018, Plaintiff re-filed the notice of pendency in accordance with RPAPL §l331 and CPLR Article 65, a copy of which is annexed hereto as Exhibit "I". 4. The summons, complaint and notice of pendency are in the form prescribed by statute and contain all 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. According to the affidavit of service, the summons was served together with the complaint. Copies of the summons, complaint, notice of pendency and affidavits of service are annexed hereto as Exhibits "H, I, & J". 5. Since the filing of the notice of pendency, the Complaint in this action has not been amended by making new parties to this action, or so as to affect other property not described in the original Complaint, or so as to extend the claims of plaintiff as against the mortgaged premises. 6. STEPHANIE V. JOHNSON and BARBARA J. JOHNSON ("Borrowers") executed a Note dated September 5, 2007 in the amount of $168,743.00 ("Note"). As security for the Note, STEPHANIE V. JOHNSON and BARBARA J. JOHNSON, ("Mortgagors") executed a mortgage in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRST ALTERNATIVE MORTGAGE CORP, A NEW YORK CORPORATION, secured by the Premises, dated September 5, 2007 and recorded on November 18-172756 - RoO FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022 8, 2007 in Liber 4382 at Page 76 ("Mortgage"). A copy of the Note is annexed hereto as Exhibit "B". A copy of the Mortgage is annexed hereto as Exhibit "C". 7. The Note was endorsed for the benefit of, and transferred to, Plaintiff. The Mortgage transfers as incident to the Note. See Bank of NY v. Silverberg, 86 A.D. 3d 274, 926 N.Y.S.2d 532 (2nd Dep't 2011). 8. Prior to the commencement of this action, the mortgage was validly assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRST ALTERNATIVE MORTGAGE CORP to HSBC BANK USA, NA by written instrument dated January 25, 2016 and recorded in the office of the County Clerk on February 2, 2016 in book 7725, at page 129. Then the Mortgage was assigned from HSBC BANK USA, NA to Nationstar Mortgage LLC d/b/a Mr. Cooper by written instrument dated July 20, 2018 and recorded in the office of the County Clerk on August 10, 2018 in book 8588, beginning on page 203. A true and accurate copy of the Assignments are annexed hereto as Exhibit "D". 9. As set forth in the affidavit annexed hereto as Exhibit "L", Borrowers defaulted on the loan by failing to make the November 1, 2015 payment and subsequent payments. 10. Defendants were timely served with the 90-Day Pre-Foreclosure notice required by RPAPL §l304. Plaintiff filed the name, address and telephone number of the Defendants, 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 RPAPL by 18-172756 - RoO FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022 §l306. Copies of these notices are attached hereto as Exhibit "F", see also the affidavit of Connie Melendez, attached hereto as Exhibit "L". 11. Nevertheless, mailing of the 90 day notices is not jurisdictional and in the absence of the defense being interposed by a Defendant, Plaintiff is not obligated to disprove the defense as part of its prima facie case. US Bank v. Carey, 137 AD3d 894 (2d Dep't 2016); Flagstar Bank, FSB v. Jambelli, 140 AD3d 829 (2d Dep't 2016). 12. Upon information and belief, that all of defendants are of full age; that none of defendants are in the armed services of the United States of America. 13. That more than the legally required time period has elapsed since the due service of the Summons and Complaint herein upon all of defendants. 14. 15. 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. 16. That the proceedings herein have been regular and according to law. 17. No previous application for a Judgment of Foreclosure and Sale has been made. 18. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. DATED: October 30, 2020 Westbury, New York Glenn W. Caulfield, Es . 18-172756 - RoO FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/27/2022