Preview
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
EXHIBIT L
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Index No. 2018-260483
Plaintiff,
vs.
BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, AFFIDAVIT
#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
premises, described in the complaint,
Defendants.
T
STATE OF
COUNTY OF DENTON ) sS:
Connie Melendez , being duly sworn, deposes and says:
1. I am employed as a Document Execution Associate LLC
by Nationstar Mortgage d/b/a
Mr. Cooper ("Nationstar"), the plaintiff of the mortgage loan that is the subject of this action (the
"Mortgage Loan"). I have personal knowledge of the facts contained in this Affidavit virtue
by
of my position at Nationstar, my familiarity with Nationstar's processes and based upon my
review and analysis of the relevant business records and other documents of Nationstar
referenced and attached herein. While many of Nationstar's processes are the
automated,
information manually entered by Nationstar employees to loans on those systems is
relating
based upon personal knowledge of the information and entered into the system at or near the
time the knowledge was acquired. These computerized records are created and maintained in the
regular course of its business as a loan servicer and Nationstar relies on the records in the
IllllillMHEllMBEllBA IlllillgilNglMlliglgEllillg Illl11111lM111111111R
18-172756-AnM
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ordinary course to conduct its business as a loan servicer. I am duly authorized to execute this
Affidavit on behalf of Nationstar in support of Nationstar's the appointment of a referee.
2. Nationstar received the original Note on 2/17/2012 and said note is
endorsed in Blank. A true copy of the original Note in Plaintiff's possession is attached as
Exhibit "A".
3. A true copy of the original recorded Mortgage is attached as Exhibit "B".
4. The Mortgage was assigned to Nationstar prior to commencement of this action.
The Mortgage was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. AS NOMINEE FOR FIRST ALTERNATIVE MORTGAGE CORP, A NEW YOltK
CORPORATION to HSBC BANK USA, NA, and said transfer was memorialized by an
Assignment of Mortgage executed on January 25, 2016 and recorded February 2, 2016 in BOOK
7725 PAGE 129. The Mortgage was assigned by HSBC BANK USA, NA to NATIONSTAR
MORTGAGE LLC D/B/A MR. COOPER, and said transfer was .memorialized by an
Assignment of Mortgage executed on July 20, 2018 and recorded August 10, 2018 in BOOK
8588 PAGE 203. A copy of the Assignments of Mortgage are attached as Exhibit "C".
5. The original Note endorsed in Blank was transferred to Nationstar prior to
commencement of this action and Plaintiff continues to hold the original Note.
6. The Mortgage Loan is in default and is due for the November 1, 2015 payment
and all subsequent payments. In reviewing the computerized records relating to the Mortgage
Loan, I can confirm that the following amounts are currently due and owing to Nationstar:
Unpaid Principal Balance as of 11/01/2015, $147,848.92
the default date
Total Accrued Interest $33,943.50
From 10/01/2015 to 11/30/2018 at 7.25%
$893.25 per month
18-172756 - AnM
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NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
Accrued Late Charges $0.00
Insufficient Funds Fee $0.00
Escrow Advance Balance $17,711.74
Advances for Hazard Insurance $2,261.0C
Advances for Mortgage Insurance $1,883.75
Advances for Taxes $13,566.95
Advances for Property Preservation, $5,936.15
Inspection, and Valuation
BPOs $0.0C
Appraisals $0.0{
Property Inspections $30.0C
Property Preservation $5,906.15
Suspense $0.0C
Total Due: $205,440.31
7. There are no just debts, set-offs, credits or allowances due or to become due from
Nationstar, other than those set forth herein. Any amounts advanced by Nationstar after the date
of this Affidavit for the payment of taxes, insurance and maintenance of the property to protect
Nationstar's security interest in the property will be provided to the Referee at the time of a
foreclosure sale.
8. The servicing records show that a demand letter was mailed to STEPHANIE V.
JOHNSON AND BARBARA J. JOHNSON ("Defendants") on February 02, 2018, which letter
advised Defendants of the default. A true copy of the demand letter is attached as Exhibit "D".
9. The servicing records further show that the 90-day notices required by statute
were mailed to Defendants by regular and certified mail to both the last known mailing address
and to the property address on February 02, 2018, These letters were sent in separate envelopes
from any other mailing or notice and were accompanied by a list of housing counseling agencies
18-172756 - AnM
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NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
as required by statute. True copies of the 90-day notices sent to Defendant(s) are attached as
Exhibit "E".
10. Despite the notices sent to Defendant(s), the default was never cured. Therefore,
this action was commenced to recover the entire unpaid principal balance together with interest
attorneys'
and disbursements, including reasonable fees and costs allowable under the terms of
the Mortgage Loan.
N STAR MORTGAGE LLC D/B/A
OOPER
674 /of / f 12/3/2018
By: le Melendez
Title: / Document tion As
Before me, a notary public, on this day personally appeared connie Melendez , known
to me to be the person whose name is subscribed to the foregoing document and, being by me
first duly sworn, declared that the statements therein contained are true and correct.
Notary Public's Signature
Noto y Wo i f Texas
06-22-2019
30268538
(ALSO TO BE EXECUTED IF OUTSIDE OF THE STATE OF NEW YORK)
STATE OF TEXAS )
COUNTY OF DENTON ) SS:
On the 1 day of December in the year 2018, before me, the undersigned, personally
appeared connie Melendez personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity, that by his/her signature
. on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument, and that such individual made such appearance before the undersigned
in DENTON County, TF.X AS
Notary Public . DAVID ANDREWS JR
blotoTy Pubac. State of Tenos
18-172756 - ArlM CM )ma 422-2019
4)ointy ID 130268538
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
EXHIBIT A
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NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
(Page 1 of 2)
Cop
Y
MIN: Loan Number:
NOTE
FHACASENo.
SEPTEMBER 5, 2007
(Dttal
E
31 MADISON AVENUE, TROY, NEW YORK 12180
Addres]
[Property
1. PARTIES
signingat theendof thhNote,andthe person's
eachper.90s
'Harrower'means amiassigns.'Lender"menu
successors
FIRST ALTERNATIVE MORMAGE CORP, A NEW YORK CORPORATION (CFL #
100284)
andlb successorn
andassigns
L BftR1tOWER'SPROMISE TO PAY;DfrEREST
HUNDRED
h returnfor aloanreceivedfroraLeader,Bonowerprombesto paythe principalsumof ONE
SIXTY-ETGHT THOUSAND SEVEN HUNDRED PORTY-TEREE AND 00/100 Dollan
{US.s 168, 743.00 to thearderof Leader Interestwillbechargeden nopaldprincipal,
), plusInneress,
SEVEN AND 25 0/ 10 0 0
of theloanproceeds
freenthe dateof disbaraementt by Leader,attherateof
percent( 7 , 250 %) peryear
unt) theisil atnamsof principnihasbeenpati
3. PROMISETOPAYSECURED
deedof tnut or dmilarsecurityastrumentthatis datedthesame
is securedbyamortgage,
Borrower'spromiseto pay"SecurtlyInstmmat,"
dateasthisNoteandcalledÆe TheSecurityinstmmentprotectstheLeaderIrmnknseswhkhmight
resadiif Borrown defaultsanderthisNote
4.. MANNERDF PAYMENT
(A) Base
BorrowershaUmakea 1:symentof princLpaland taterestto Lenderon the first day of eackmonth begiantag
on NOVEMBER 1, 2007 AnyprincipalandLaterestremainingonthe first dayof
OCTOBER 1, 203 7 , willbedueon thatdate.whichb caDedthe 'MaturkyDate
(B) Place
shallbemadeag 145 EUGUENOTST,
Paymeng #109, NEW ROCHELLE, NBW YORK
10B01
lo Bonour
or atsuchctberplacessLeadermaydesigutein writitigby norgr·n
(C) Amount
Eaclimonthlypaymentet pdncipalandInterest walbe in theanNomof U.5 s 1, 151. 12
to principal,
intrument. thatshallbeagiptied
requhedby theSecurity
Thisamountwill bepartof a largermonthlypayment
knerestandot1w.rItemsin theordeedescribedin theSecudtyInstrument
(D) ADongto this Notefor Payrnem Adjustments I
of ¦e
If an aliengeprov!dingInr paymentadjustments byEarrowertogetherwiththisNote.thecovenants part
isexecuted
into andshallamendendsupp!ement of IbIsNoteasif thaaliengewerea
thecovenants
allong thatIbeincorporated
of thisNote (Clieckapphcabic box.)
Altonge
Payrnest
Graduated
GrowingEq@yAllonge
Other |specifyl
E. BORROWER'SRIGHT TOPREPAY
onthefirst
et
Bonowerhasghestatato py thedebtevidenced by tMsNote,tuwholeor in part,withoutcharge peniahy,
of
day any month.Leader s hall onotherdaysprovidedthatBarrowerpaysinterst anthearanuntprepaid
acceptprepayment
IfBerrower
for theretoninder ofthemonthto Ibcexiuntrequnedhy landerandpercuttedbyrephitionsof the Secretary
unlessLeader
makesa partlatprepayment. therewilthenochangsIntheduedateor in theamountof themomhlypayment
agrr.esin writingto thosechanges.
mm we imawissz Paget of2
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NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
(Page2 of 2)
Cop
6 BORROWER'S FAILURETOPAY
COPY
(A) LatmChargefor OverduePayments
theM monthlypayment
If Leaderhasrot reonived reqdredby theSccmityInstrument,asdescribedktParagraph4(C)
of thisNote,bytheendoftuteencalendar
dayssiterthepayment is due.Leadermaycallecta lateclargein e amountof
FOUR AND 000h000 perant { 4 , 000 90
of the overdueamountof eachpyment
(B} Drfault
If Borrowerdefeaksbyfainmgto payin full anymonthlypayment.thenLeadermay.exceptaslirn.ited byregulations
of
the Secrearyin thecaseofpaymentdefaults. requireimmedla1c paymentin full of theprincipalbalance dueand
rmnaining
til secruedInterent Leadermaychaossnotto exercise tWsoptionwithoutwaivingItsrightsin theoventof anyashsequent
default. In manycircumshmoes regulations
issuedby theSecretarywill limit Leader'srightsto regrireimmediatepayraem
la full in thecaseof paymemdefaultsThisNotedoesnot authacheecceleration whennotpermittedbyHUDregulations
As c.ml in thh Note."Secretary"meansrheSecretary of HousingandUrbanDevelopraent or hisor herdesignee
(C) P"ymentof CostsandExpenses
If 14riderhasrequiredimmediate
payment is (uff,asdescribedabove,LeadermayrequireBorrowerto paycostsand
expenscs attorneys'
andcustomary
indedingreammu1de feesfor enforcingthh Noteto theextentnotprohibNedby appilcable
law suchfeesandenamsitanbearInterestfromtbt dateof disbutsement at the samerateasmeprincipalof ths Note.
L WAfVERS
Borrowerandanyatherpersonwholas obligations underthisNotewaivethe nghIsof presentmentandunicEof
dhhonor."PItsentrnearmeansthetightto requireLeaderto demand payatestat smouztsdue.Walkeof dishonor''
Eneans
the right to requireLeaderto givenoticeto otherpersons
thatamountsduehaveeat beenpaid
8. CIVINGOFNOTICES
1.Inless
applicablelawrequhes adifferentmethod, anynoticethalmustbegivento BarrowerunderthisNolewillbegiven
by deliveringIt or by ma0lugLi by first classmaillo Borrowerst the propertyaddressaboveor at a alfferentaddreaif
BorrowerhasgivenLeadera aesceof brruw½ differentaddress
Anynoticethatmusthegivento Lendermoderthh NotewWbegivenby Qrstclassmailto Leaderattheaddress stated
In Paragraph4(B) or at a differetitaddressif horrowerisgivena soticeof thatdiffemniaddress
S. OBLMATION5OF PERSONS UNDERTHISNOTE
If moreeimi oneperse sign LWsNote,eachpersonis hilly tod personally obligatedto keepaDmfthepromises nude
In this Note,includingthepromiseto paythefid1smountowed Anypersonwhob a guaramar, suretyor endorserof this
Note is abo obligatedto do thesethings Any personwhotakesover theseobligatime,indudingtheobligationof a
gamrantor. suretyor endarrerøI this Note.h aim ubligatedto keepall of the promisesmadein tinsNote Leadermay
enforcellsrightsunder(WsNoteagainst eachpersonindividuallyor againstallsignatories
together Anymaepersonsigning
thisNotemayberequiredto payall etthesmountsowedunderIWsNote
BY 5IGNINGEELOW.Borroweracegs andagreca
to thetermsandcovenants
contained
in pages1 and2of thisNode
STEPSANIB V .
.a g (Seal)
-Borrower
(Seat
OHNSON BARBARA J. Ol SON -Borrower
(Seal) (Sea0
Borrower .Borrower
(Scan (Scal)
-Barrower -Barrower
CORPORABON (USA)
,,e HSBC MORTGAGE
i
kWLTISTATE-FHA
FtXEDItAECNDUt(E/5
o-w sm"¾ ongsona ' Page2 of 2
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NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
MELISSARENEE BK: 4 382 PG : 76 11/08 / 2007 MORTGAGE Ima g e : 1 of 9
Rensselaer County
Frank J. Morola
County Clerk
Troy, New York
Book:4382 Page:76
Document Number: 2007-00287002 Document Type: Mortgage
Recorded Date: 11/08/2007
Parties: JOHNSON, STEPHANIE V Pages Charged: 8
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS IN Pages Scanned: 9
Comment:
RecorÈled By: TRANSWORLD
** **
Examined and Charged as Follows
Mortgage 50.00
Coversheet 3.00
Recording Fee: 53.00
IgEll §giggf Consideration
Tax-Mortgage 2.0B3.75 TROY CY 5356 168,743.00
Basic 843.50
Local 421.75
Additional 398.75
Special Additional 421.75
Transfer 0.00
Tax Fee: . .2,083.76
**
DO NOT REMOVE "
** Document"
This Page is Part of the
I hereby certify that the within and foregoing was recorded in the Clerk's Office for:
File Information Mall Back
Document Number 2007 00287002 FIRST ALTERNANTIVE
Recorded Date: 11/08/2007 145 HUGUENOT STREET
01:08 P
Receipt Nurriber. 409885
NEW ROCHELLE NY 10801-
o Frank J. Merola
Rensselaer County Clerk
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NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
MELISSARENEE BK: d382 PG: 76 11/08/2007 MORTGAGE Image: 2 of 9
WiiBN RECORDED MAR. 10:
FIRST ALTERNATIVE MORTGlAGE CORP
145 HUGUENOT ST, #109
NEW ROCWRT.T.R YO 801
Loan Number:
. .
m.m m..tm u.. iw a-naw m
m case no.
MR*
MORTGAGE
TES MORIT,AGE FSecurityInstrument") is given on SEPTEMBER 5, 2007 .
The mortgagerts STEPHANIE V. JOHNSON AND BARBARA J. JOHNSON
whose address is 31 Madison Avenue, Troy, NY 12180
FBerrower'). This Security instrument is given to
MartgageElectronic RegistradonSystems,inc. FMERS") (seteE asnomineefor Leader, ashereleafter daRoed,ami
Leader'ssuccessorsand assigns),asbenefictmy. MERS is orgmattedsad exisdagunder the lawsof Delaware.and has
an addressand telephonenumber of F.O. Box 2026,Ptint, M1 485014025,tel. (888) 678-MERS.
FIRST ALTERNATIVE MORTGAGB CORP, A NEW YORK CORPORATION
lander") is argangxedand exisGng
under the lawsof NEW YORK , and
hasan addressof 145 MOGUENOT ST, #109, NEW ROCEEELLE, NEW YORK 10801
Borrower owesLeaderthe principal sum of ONE HUNDRED SIXTY-EIGHT THOUSAND SEVEN
EUNDRED FORTY-THREE AND 00/100 Danars (U.S. $ 168, 743.00 ).
This debt is evidencedby Berrower'scote datedthe samedate asthis SecurityInstrument CNote"), which provides
for monthly payments,with the R41debt, if not paid earlier. due and payableon OCTOBER 1, 2037 .
This SecurkyInstrument securesto lander: (s) the repaymentof the debt evidencedby the Note, with interest. and
an renewals.exteaslemandmedlGcationsof the Note: (b) the paymentofaU other sums.with faterest.advancedmoder
m
paragraph7 to prettet the securityof lbis Security instrument: and (c) the performanceof Barrower'scovenantsand
agreemealsanderthis SecurityIngrument andthe Note. For this purpose,Bermwer doesherebymortgage,grant and
anvay to MERS (solelyasnomineefor lander and lander's successors and agaigns)and to the and assigns
af MERS the faBowingdescribedpaperty locatedIn
RENSSELAER Comi . New York:
- 3 - 2 4
H 2.'lo
na ue.----
emunes
..a
spassta putseNm Faga1of7
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NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022
MELISSARENEE BK: 4382 PG: 76 11/08/2007 MORTGAG E Image: 3 of 9
which he the addressof 31 MADISON AVENDE
15mietl
TROY NewYork 12180 FProperty Address");
(Cini (mpCoed
TOGETHER WHH all the improvementscow or herester meeted on the property, and all easements.
appurN= and fimures sow or bereaker a part of the pro . Alt rephe"mmits and addtdonushall also be
toweredby this Security Instrument. AE of the foregoingis sef to in this Security lastrument asthe "Property.'
Borrowerunderstandsand agreesthat MERS holdsonly legaltitle cathe laterestsgranted by Bormwer to this Security
Instrument; but, if ==y to comply with law or custom.MERS (as nomineefor lander and Iander's sameasm
and assigns)hasthe right: to exemlseany or aDof thosetolerests,including.but not timited to, the right to forectose
and santhe Psoperty:and to take any action requiredof Lander locialing. bat not limited to, releastagor canceBng
ablaSecurityInstrument
BORROWER COVENAMS that Bonnwer is lawfully setsedof the estatebereby conveyedand has the right to
nortgage,grant and the Property and that 1bePropertyis agencumbered,exceptfor estumbrancesof record.
Borrower warrantsand I defendgeneraEythe title to the PropertyagainstaD elatmaand demands,subjectto any
eocumbrancesof record.
TES SECURITY INSTRUMENT combinesuniform covenantsfor nationaluseand nonÄmiform covenantswith
1latted variations by jurisdiction to constitutea uniform securitylosinamentcoverlag seatproperty.
UNIFORM COVENANTS. Barrower and Landercovenantandagreeas foUowr
1. Paymentof Pdm·trd Interest andLata Chuge. Borrowershanpaywhendue the principal of. andinterest on,
the debt evidencedby the Nota and Inte chargesdueariderthe Note.
L Montly Paymentof fanes. teenrance,and Other Clunges. Borrowershall include to eachmonthly payment,
togetherwith the principal and laterest asset fath in the Note and any late charges.a sum for [a) taxesandspedal
"-= 1eviedor to be feviedagainst@eProperty,@ leaseholdpaymentsor ground rents on the Property,and
(c) premiums for insusancevequiredunder pnugraph 4. in any year In which the Leader most pay a morggage
insurancepremium to the Secretaryof Housing andUrban DevafnpmentCSecretary"),or in aty year in which such
pr-1-= womidhavebeen required if r mi= still held the SecurkyInsinament,each monthly paymentshall also
fochideellbert 0) a sum for the annual mortgageinsurantapremiumto be paid by Leader to the Secretny, or (10 a
monthly chargeinstead of a mortgageinsurancepremian if this Securityintrmnent is held by the Secretsy. to a
reasonablesmoan to be deteradnedby the Secretary.Exceptfor the monthly chargeby the Secretary.theseitems
are called "EscrewItems" and the sumspaid to lander are called*EscrewFends,*
IADder may,at a y time, collect a
Preview
FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 EXHIBIT L FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Index No. 2018-260483 Plaintiff, vs. BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, AFFIDAVIT #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 premises, described in the complaint, Defendants. T STATE OF COUNTY OF DENTON ) sS: Connie Melendez , being duly sworn, deposes and says: 1. I am employed as a Document Execution Associate LLC by Nationstar Mortgage d/b/a Mr. Cooper ("Nationstar"), the plaintiff of the mortgage loan that is the subject of this action (the "Mortgage Loan"). I have personal knowledge of the facts contained in this Affidavit virtue by of my position at Nationstar, my familiarity with Nationstar's processes and based upon my review and analysis of the relevant business records and other documents of Nationstar referenced and attached herein. While many of Nationstar's processes are the automated, information manually entered by Nationstar employees to loans on those systems is relating based upon personal knowledge of the information and entered into the system at or near the time the knowledge was acquired. These computerized records are created and maintained in the regular course of its business as a loan servicer and Nationstar relies on the records in the IllllillMHEllMBEllBA IlllillgilNglMlliglgEllillg Illl11111lM111111111R 18-172756-AnM FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 ordinary course to conduct its business as a loan servicer. I am duly authorized to execute this Affidavit on behalf of Nationstar in support of Nationstar's the appointment of a referee. 2. Nationstar received the original Note on 2/17/2012 and said note is endorsed in Blank. A true copy of the original Note in Plaintiff's possession is attached as Exhibit "A". 3. A true copy of the original recorded Mortgage is attached as Exhibit "B". 4. The Mortgage was assigned to Nationstar prior to commencement of this action. The Mortgage was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRST ALTERNATIVE MORTGAGE CORP, A NEW YOltK CORPORATION to HSBC BANK USA, NA, and said transfer was memorialized by an Assignment of Mortgage executed on January 25, 2016 and recorded February 2, 2016 in BOOK 7725 PAGE 129. The Mortgage was assigned by HSBC BANK USA, NA to NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, and said transfer was .memorialized by an Assignment of Mortgage executed on July 20, 2018 and recorded August 10, 2018 in BOOK 8588 PAGE 203. A copy of the Assignments of Mortgage are attached as Exhibit "C". 5. The original Note endorsed in Blank was transferred to Nationstar prior to commencement of this action and Plaintiff continues to hold the original Note. 6. The Mortgage Loan is in default and is due for the November 1, 2015 payment and all subsequent payments. In reviewing the computerized records relating to the Mortgage Loan, I can confirm that the following amounts are currently due and owing to Nationstar: Unpaid Principal Balance as of 11/01/2015, $147,848.92 the default date Total Accrued Interest $33,943.50 From 10/01/2015 to 11/30/2018 at 7.25% $893.25 per month 18-172756 - AnM FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 Accrued Late Charges $0.00 Insufficient Funds Fee $0.00 Escrow Advance Balance $17,711.74 Advances for Hazard Insurance $2,261.0C Advances for Mortgage Insurance $1,883.75 Advances for Taxes $13,566.95 Advances for Property Preservation, $5,936.15 Inspection, and Valuation BPOs $0.0C Appraisals $0.0{ Property Inspections $30.0C Property Preservation $5,906.15 Suspense $0.0C Total Due: $205,440.31 7. There are no just debts, set-offs, credits or allowances due or to become due from Nationstar, other than those set forth herein. Any amounts advanced by Nationstar after the date of this Affidavit for the payment of taxes, insurance and maintenance of the property to protect Nationstar's security interest in the property will be provided to the Referee at the time of a foreclosure sale. 8. The servicing records show that a demand letter was mailed to STEPHANIE V. JOHNSON AND BARBARA J. JOHNSON ("Defendants") on February 02, 2018, which letter advised Defendants of the default. A true copy of the demand letter is attached as Exhibit "D". 9. The servicing records further show that the 90-day notices required by statute were mailed to Defendants by regular and certified mail to both the last known mailing address and to the property address on February 02, 2018, These letters were sent in separate envelopes from any other mailing or notice and were accompanied by a list of housing counseling agencies 18-172756 - AnM FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 as required by statute. True copies of the 90-day notices sent to Defendant(s) are attached as Exhibit "E". 10. Despite the notices sent to Defendant(s), the default was never cured. Therefore, this action was commenced to recover the entire unpaid principal balance together with interest attorneys' and disbursements, including reasonable fees and costs allowable under the terms of the Mortgage Loan. N STAR MORTGAGE LLC D/B/A OOPER 674 /of / f 12/3/2018 By: le Melendez Title: / Document tion As Before me, a notary public, on this day personally appeared connie Melendez , known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. Notary Public's Signature Noto y Wo i f Texas 06-22-2019 30268538 (ALSO TO BE EXECUTED IF OUTSIDE OF THE STATE OF NEW YORK) STATE OF TEXAS ) COUNTY OF DENTON ) SS: On the 1 day of December in the year 2018, before me, the undersigned, personally appeared connie Melendez personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, that by his/her signature . on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in DENTON County, TF.X AS Notary Public . DAVID ANDREWS JR blotoTy Pubac. State of Tenos 18-172756 - ArlM CM )ma 422-2019 4)ointy ID 130268538 FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 EXHIBIT A FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 (Page 1 of 2) Cop Y MIN: Loan Number: NOTE FHACASENo. SEPTEMBER 5, 2007 (Dttal E 31 MADISON AVENUE, TROY, NEW YORK 12180 Addres] [Property 1. PARTIES signingat theendof thhNote,andthe person's eachper.90s 'Harrower'means amiassigns.'Lender"menu successors FIRST ALTERNATIVE MORMAGE CORP, A NEW YORK CORPORATION (CFL # 100284) andlb successorn andassigns L BftR1tOWER'SPROMISE TO PAY;DfrEREST HUNDRED h returnfor aloanreceivedfroraLeader,Bonowerprombesto paythe principalsumof ONE SIXTY-ETGHT THOUSAND SEVEN HUNDRED PORTY-TEREE AND 00/100 Dollan {US.s 168, 743.00 to thearderof Leader Interestwillbechargeden nopaldprincipal, ), plusInneress, SEVEN AND 25 0/ 10 0 0 of theloanproceeds freenthe dateof disbaraementt by Leader,attherateof percent( 7 , 250 %) peryear unt) theisil atnamsof principnihasbeenpati 3. PROMISETOPAYSECURED deedof tnut or dmilarsecurityastrumentthatis datedthesame is securedbyamortgage, Borrower'spromiseto pay"SecurtlyInstmmat," dateasthisNoteandcalledÆe TheSecurityinstmmentprotectstheLeaderIrmnknseswhkhmight resadiif Borrown defaultsanderthisNote 4.. MANNERDF PAYMENT (A) Base BorrowershaUmakea 1:symentof princLpaland taterestto Lenderon the first day of eackmonth begiantag on NOVEMBER 1, 2007 AnyprincipalandLaterestremainingonthe first dayof OCTOBER 1, 203 7 , willbedueon thatdate.whichb caDedthe 'MaturkyDate (B) Place shallbemadeag 145 EUGUENOTST, Paymeng #109, NEW ROCHELLE, NBW YORK 10B01 lo Bonour or atsuchctberplacessLeadermaydesigutein writitigby norgr·n (C) Amount Eaclimonthlypaymentet pdncipalandInterest walbe in theanNomof U.5 s 1, 151. 12 to principal, intrument. thatshallbeagiptied requhedby theSecurity Thisamountwill bepartof a largermonthlypayment knerestandot1w.rItemsin theordeedescribedin theSecudtyInstrument (D) ADongto this Notefor Payrnem Adjustments I of ¦e If an aliengeprov!dingInr paymentadjustments byEarrowertogetherwiththisNote.thecovenants part isexecuted into andshallamendendsupp!ement of IbIsNoteasif thaaliengewerea thecovenants allong thatIbeincorporated of thisNote (Clieckapphcabic box.) Altonge Payrnest Graduated GrowingEq@yAllonge Other |specifyl E. BORROWER'SRIGHT TOPREPAY onthefirst et Bonowerhasghestatato py thedebtevidenced by tMsNote,tuwholeor in part,withoutcharge peniahy, of day any month.Leader s hall onotherdaysprovidedthatBarrowerpaysinterst anthearanuntprepaid acceptprepayment IfBerrower for theretoninder ofthemonthto Ibcexiuntrequnedhy landerandpercuttedbyrephitionsof the Secretary unlessLeader makesa partlatprepayment. therewilthenochangsIntheduedateor in theamountof themomhlypayment agrr.esin writingto thosechanges. mm we imawissz Paget of2 FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 (Page2 of 2) Cop 6 BORROWER'S FAILURETOPAY COPY (A) LatmChargefor OverduePayments theM monthlypayment If Leaderhasrot reonived reqdredby theSccmityInstrument,asdescribedktParagraph4(C) of thisNote,bytheendoftuteencalendar dayssiterthepayment is due.Leadermaycallecta lateclargein e amountof FOUR AND 000h000 perant { 4 , 000 90 of the overdueamountof eachpyment (B} Drfault If Borrowerdefeaksbyfainmgto payin full anymonthlypayment.thenLeadermay.exceptaslirn.ited byregulations of the Secrearyin thecaseofpaymentdefaults. requireimmedla1c paymentin full of theprincipalbalance dueand rmnaining til secruedInterent Leadermaychaossnotto exercise tWsoptionwithoutwaivingItsrightsin theoventof anyashsequent default. In manycircumshmoes regulations issuedby theSecretarywill limit Leader'srightsto regrireimmediatepayraem la full in thecaseof paymemdefaultsThisNotedoesnot authacheecceleration whennotpermittedbyHUDregulations As c.ml in thh Note."Secretary"meansrheSecretary of HousingandUrbanDevelopraent or hisor herdesignee (C) P"ymentof CostsandExpenses If 14riderhasrequiredimmediate payment is (uff,asdescribedabove,LeadermayrequireBorrowerto paycostsand expenscs attorneys' andcustomary indedingreammu1de feesfor enforcingthh Noteto theextentnotprohibNedby appilcable law suchfeesandenamsitanbearInterestfromtbt dateof disbutsement at the samerateasmeprincipalof ths Note. L WAfVERS Borrowerandanyatherpersonwholas obligations underthisNotewaivethe nghIsof presentmentandunicEof dhhonor."PItsentrnearmeansthetightto requireLeaderto demand payatestat smouztsdue.Walkeof dishonor'' Eneans the right to requireLeaderto givenoticeto otherpersons thatamountsduehaveeat beenpaid 8. CIVINGOFNOTICES 1.Inless applicablelawrequhes adifferentmethod, anynoticethalmustbegivento BarrowerunderthisNolewillbegiven by deliveringIt or by ma0lugLi by first classmaillo Borrowerst the propertyaddressaboveor at a alfferentaddreaif BorrowerhasgivenLeadera aesceof brruw½ differentaddress Anynoticethatmusthegivento Lendermoderthh NotewWbegivenby Qrstclassmailto Leaderattheaddress stated In Paragraph4(B) or at a differetitaddressif horrowerisgivena soticeof thatdiffemniaddress S. OBLMATION5OF PERSONS UNDERTHISNOTE If moreeimi oneperse sign LWsNote,eachpersonis hilly tod personally obligatedto keepaDmfthepromises nude In this Note,includingthepromiseto paythefid1smountowed Anypersonwhob a guaramar, suretyor endorserof this Note is abo obligatedto do thesethings Any personwhotakesover theseobligatime,indudingtheobligationof a gamrantor. suretyor endarrerøI this Note.h aim ubligatedto keepall of the promisesmadein tinsNote Leadermay enforcellsrightsunder(WsNoteagainst eachpersonindividuallyor againstallsignatories together Anymaepersonsigning thisNotemayberequiredto payall etthesmountsowedunderIWsNote BY 5IGNINGEELOW.Borroweracegs andagreca to thetermsandcovenants contained in pages1 and2of thisNode STEPSANIB V . .a g (Seal) -Borrower (Seat OHNSON BARBARA J. Ol SON -Borrower (Seal) (Sea0 Borrower .Borrower (Scan (Scal) -Barrower -Barrower CORPORABON (USA) ,,e HSBC MORTGAGE i kWLTISTATE-FHA FtXEDItAECNDUt(E/5 o-w sm"¾ ongsona ' Page2 of 2 FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 MELISSARENEE BK: 4 382 PG : 76 11/08 / 2007 MORTGAGE Ima g e : 1 of 9 Rensselaer County Frank J. Morola County Clerk Troy, New York Book:4382 Page:76 Document Number: 2007-00287002 Document Type: Mortgage Recorded Date: 11/08/2007 Parties: JOHNSON, STEPHANIE V Pages Charged: 8 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS IN Pages Scanned: 9 Comment: RecorÈled By: TRANSWORLD ** ** Examined and Charged as Follows Mortgage 50.00 Coversheet 3.00 Recording Fee: 53.00 IgEll §giggf Consideration Tax-Mortgage 2.0B3.75 TROY CY 5356 168,743.00 Basic 843.50 Local 421.75 Additional 398.75 Special Additional 421.75 Transfer 0.00 Tax Fee: . .2,083.76 ** DO NOT REMOVE " ** Document" This Page is Part of the I hereby certify that the within and foregoing was recorded in the Clerk's Office for: File Information Mall Back Document Number 2007 00287002 FIRST ALTERNANTIVE Recorded Date: 11/08/2007 145 HUGUENOT STREET 01:08 P Receipt Nurriber. 409885 NEW ROCHELLE NY 10801- o Frank J. Merola Rensselaer County Clerk FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 MELISSARENEE BK: d382 PG: 76 11/08/2007 MORTGAGE Image: 2 of 9 WiiBN RECORDED MAR. 10: FIRST ALTERNATIVE MORTGlAGE CORP 145 HUGUENOT ST, #109 NEW ROCWRT.T.R YO 801 Loan Number: . . m.m m..tm u.. iw a-naw m m case no. MR* MORTGAGE TES MORIT,AGE FSecurityInstrument") is given on SEPTEMBER 5, 2007 . The mortgagerts STEPHANIE V. JOHNSON AND BARBARA J. JOHNSON whose address is 31 Madison Avenue, Troy, NY 12180 FBerrower'). This Security instrument is given to MartgageElectronic RegistradonSystems,inc. FMERS") (seteE asnomineefor Leader, ashereleafter daRoed,ami Leader'ssuccessorsand assigns),asbenefictmy. MERS is orgmattedsad exisdagunder the lawsof Delaware.and has an addressand telephonenumber of F.O. Box 2026,Ptint, M1 485014025,tel. (888) 678-MERS. FIRST ALTERNATIVE MORTGAGB CORP, A NEW YORK CORPORATION lander") is argangxedand exisGng under the lawsof NEW YORK , and hasan addressof 145 MOGUENOT ST, #109, NEW ROCEEELLE, NEW YORK 10801 Borrower owesLeaderthe principal sum of ONE HUNDRED SIXTY-EIGHT THOUSAND SEVEN EUNDRED FORTY-THREE AND 00/100 Danars (U.S. $ 168, 743.00 ). This debt is evidencedby Berrower'scote datedthe samedate asthis SecurityInstrument CNote"), which provides for monthly payments,with the R41debt, if not paid earlier. due and payableon OCTOBER 1, 2037 . This SecurkyInstrument securesto lander: (s) the repaymentof the debt evidencedby the Note, with interest. and an renewals.exteaslemandmedlGcationsof the Note: (b) the paymentofaU other sums.with faterest.advancedmoder m paragraph7 to prettet the securityof lbis Security instrument: and (c) the performanceof Barrower'scovenantsand agreemealsanderthis SecurityIngrument andthe Note. For this purpose,Bermwer doesherebymortgage,grant and anvay to MERS (solelyasnomineefor lander and lander's successors and agaigns)and to the and assigns af MERS the faBowingdescribedpaperty locatedIn RENSSELAER Comi . New York: - 3 - 2 4 H 2.'lo na ue.---- emunes ..a spassta putseNm Faga1of7 FILED: RENSSELAER COUNTY CLERK 10/27/2022 10:27 AM INDEX NO. EF2018-260483 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/27/2022 MELISSARENEE BK: 4382 PG: 76 11/08/2007 MORTGAG E Image: 3 of 9 which he the addressof 31 MADISON AVENDE 15mietl TROY NewYork 12180 FProperty Address"); (Cini (mpCoed TOGETHER WHH all the improvementscow or herester meeted on the property, and all easements. appurN= and fimures sow or bereaker a part of the pro . Alt rephe"mmits and addtdonushall also be toweredby this Security Instrument. AE of the foregoingis sef to in this Security lastrument asthe "Property.' Borrowerunderstandsand agreesthat MERS holdsonly legaltitle cathe laterestsgranted by Bormwer to this Security Instrument; but, if ==y to comply with law or custom.MERS (as nomineefor lander and Iander's sameasm and assigns)hasthe right: to exemlseany or aDof thosetolerests,including.but not timited to, the right to forectose and santhe Psoperty:and to take any action requiredof Lander locialing. bat not limited to, releastagor canceBng ablaSecurityInstrument BORROWER COVENAMS that Bonnwer is lawfully setsedof the estatebereby conveyedand has the right to nortgage,grant and the Property and that 1bePropertyis agencumbered,exceptfor estumbrancesof record. Borrower warrantsand I defendgeneraEythe title to the PropertyagainstaD elatmaand demands,subjectto any eocumbrancesof record. TES SECURITY INSTRUMENT combinesuniform covenantsfor nationaluseand nonÄmiform covenantswith 1latted variations by jurisdiction to constitutea uniform securitylosinamentcoverlag seatproperty. UNIFORM COVENANTS. Barrower and Landercovenantandagreeas foUowr 1. Paymentof Pdm·trd Interest andLata Chuge. Borrowershanpaywhendue the principal of. andinterest on, the debt evidencedby the Nota and Inte chargesdueariderthe Note. L Montly Paymentof fanes. teenrance,and Other Clunges. Borrowershall include to eachmonthly payment, togetherwith the principal and laterest asset fath in the Note and any late charges.a sum for [a) taxesandspedal "-= 1eviedor to be feviedagainst@eProperty,@ leaseholdpaymentsor ground rents on the Property,and (c) premiums for insusancevequiredunder pnugraph 4. in any year In which the Leader most pay a morggage insurancepremium to the Secretaryof Housing andUrban DevafnpmentCSecretary"),or in aty year in which such pr-1-= womidhavebeen required if r mi= still held the SecurkyInsinament,each monthly paymentshall also fochideellbert 0) a sum for the annual mortgageinsurantapremiumto be paid by Leader to the Secretny, or (10 a monthly chargeinstead of a mortgageinsurancepremian if this Securityintrmnent is held by the Secretsy. to a reasonablesmoan to be deteradnedby the Secretary.Exceptfor the monthly chargeby the Secretary.theseitems are called "EscrewItems" and the sumspaid to lander are called*EscrewFends,* IADder may,at a y time, collect a