Preview
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
EXHIBIT R
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
HELP FOR HOMEOWNERS IN FORECLOSURE
NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT
THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.
SU MMONS AND COMPLAINT
YOU DANGER
ARE IN OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO
THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY
LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT
CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR
YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT
YOURSELF.
SOURCES OF INFORMATION AND ASSISTANCE
THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR
OPTIONS IN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCE FROM AN
ATTORNEY OR LEGAL AID OFFICE, THERE ARE GOVERNMENT AGENCIES AND
NON-PROFIT ORGANIZATIONS THAT YOU MAY CONTACT FOR INFORMATION
ABOUT POSSIBLE OPTIONS, INCLUDING TRYING TO WORK WITH YOUR
LENDER DURING THIS PROCESS.
TO LOCATE AN ENTITY NEAR YOU, YOU MAY CALL THE TOLL --FREE
HELPLINE MAINTAINED BY THE NEW YORK STATE DEPARTMENT OF
FINANCIAL SERVICES AT 1(800) 269-0990 OR VISIT THE DEPARTMENT'S
WEBSITE AT HTTP://WWW.DFS.NY.GOV.
RIGHTS AND OBLIGATIONS
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS
TIME. YOU HAVE THE RIGHT TO STAY IN YOUR HOME DURING THE
FORECLOSURE PROCESS. Y OU ARE NOT REQUIRED TO LEAVE YOUR HOME
UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A
JUDGMENT OF FORECLOSURE AND SALE.
REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME, YOU
ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY AND PAY
PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW.
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
FORECLOSURE RESCUE SCAMS
"SAVE"
BE CAREFUL OF PEOPLE WHO APPROACH YOU WITH OFFERS TO
YOUR HOME. THERE ARE INDIVIDUALS WHO WATCH FOR NOTICES OF
FORECLOSURE ACTIONS IN ORDER TO UNFAIRLY PROFIT FROM A
HOMEOWNER'S DISTRESS. YOU SHOULD BE EXTREMELY CAREFUL ABOUT
ANY SUCH PROMISES AND ANY SUGGESTIONS THAT YOU PAY THEM A FEE OR
SIGN OVER YOUR DEED. STATE LAW REQUIRES ANYONE OFFERING SUCH
SERVICES FOR PROFIT TO ENTER INTO A CONTRACT WHICH FULLY
DESCRIBES THE SERVICES THEY WILL PERFORM AND FEES THEY WILL
CHARGE, AND WHICH PROHIBITS THEM FROM TAKING ANY MONEY FROM
YOU UNTIL THEY HAVE COMPLETED ALL SUCH PROMISED SERVICES.
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
ECOPY
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CATTARAUGUS
--------------- ------------------ --- -----x
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS INDEX NO.: 86820
TRUSTEE OF STANW1CH MORTGAGE LOAN
TRUST A SUPPLEMENTAL SUMMONS
Plaintiff(s),
Plaintiff designates
-against- CATTARAUGUS as the
County
place of trial
PAULINE WAGATHA, if living, and if she be dead,
any and all persons unknown to plaintiff, claiming, or
who may claim to have an interest in, or generally or MORTGAGED PROPERTY:
specific lien upon the real property described in this 9846 MARX RD
action; such unknown persons being herein generally LITTLE VALLEY, NY 14755
described and intended to be included in the following
namely: the wife, husband, SBL#: 62.2 - 1 - 24.4
designation, widow,
widower, heirs-at-law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors,
trustees, committees, lienors, and assignees of such Venue is based upon County in
deceased, any and all persons deriving interest in or lien which the premises are situated
upon, or title to said real property by, through, or under
them and their respective wives, widows, husbands,
widowers, heirs-at-law, next of kin, descpndants
executors, administrators, devisees, legatees, creditors, -.
trustees, committees, lienors, and assigns, all of whom
and whose names, except as stated, are unknown to
plaintiff,
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE
UNITED STATES OF AMERICA - INTERNAL c
REVENUE SERVICE c
#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(s).
--------....------------- ----------------x
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer on
the attorneys for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default judgment may be entered and you can lose
your home.
Speak to an attorney or go to the court where your case is pending for further information
on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action,
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint 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); 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.
Dated: September 23, 2019
Syosset, New York
t'
ROACH & LIN, P.C. F/K/A PETE R JACH
AND ASSOCIATES, Pf.
BY: i ichael C. lanmello
Attomeys for Plaintiff
6901 Jericho Turnpike, Suite 240
Syosset, NY 11791-4420
(516) 938-3100
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
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FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CATTARAUGUS
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS INDEX NO.: 86820
TRUSTEE OF STANWICH MORTGAGE LOAN
TRUST A AMENDED COMPLAINT
FOR FORECLOSURE OF A
Plaintiff(s), MORTGAGE
-against-
MORTGAGED PROPERTY:
PAULINE WAGATHA, if living, and if she be dead, 9846 MARX RD
any and all persons unknown to plaintiff, claiming, or LITTLE VALLEY, NY 14755
who may claim to have an interest in, or generally or
specific lien upon the real property described in this SBL#: 62.2 - 1 - 24.4
action; such unknown persons being herein generally
described and intended to be included in the following
designation, namely: the wife, widow, husband,
widower, heirs-at-law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors,
trustees, committees, licnors, and assignees of such
deceased, any and all persons deriving interest in or lien
upon, or title to said real property by, through, or under
them and their respective wives, widows, husbands,
widowers, heirs-at-law, next of kin, descpndants, c
executors, administrators, devisees, legatees, creditors,
trustees, committees, lienors, and assigns, all of whom
and whose names, except as stated, are unknown to
plaintiff,
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE
UNITED STATES OF AMERICA - INTERNAL
REVENUE SERVICE
#1"
"JOHN DOE through "JOHN DOE #12," 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(s).
- -----.--------...--..---------...-------X
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
Plaintiff(s) by its/their attorneys R.oach & Lin, P.C. f/k/a l'eter T. Roach and Associates,
P.C., hereby allege(s)
upon information and belief;
1. On or about September 6, 2011 defendant, Pauline Wagatha, borrowed the sum of
$40,082.66 from ONEMAIN FINANCIAL, INC., and executed and delivered a certain Note dated
September 06, 2011. A copy of the Note is annexed hereto as Exhibil A.
2. Said Note provided, among other things, that in the event of default by the maker of the
Note, Pauline Wagatha, in the payment of any of the above described payments, the entire balance
hereunder shall be immediately due and payable.
3. In order to collaterally secure the aforesaid obligation, defendant, Pauline Wagatha, duly
executed, acknowledged and delivered to the plaintiff or plaintiff's assigner a mortgage, whereby said
defendant mortgaged the following real property with the appurtenances thereto, described in the
Mortgage as follows:
Description"
See Schedule A - "Legal annexed hereto and made a part hereof. Said
premises being known as and by 9846 MARX RD, LITTLE VALLEY, NY 14755.
TOGETHER with all right, title and interest of the defendant in and to the land lying in the
streets and roads in front of and adjoining said premises.
4. Said mortgage provided for the following:
a) In case of foreclosure sale said premises or so much thereof as may be affected by this
mortgage, may be sold in one parcel.
b) That the mortgagor will pay all taxes, assessments, sewer rents or water rates and in
default thereof, the mortgagee may pay the same.
c) That the whole of said principal sum and interest shall become due at the option of the
mortgagee after default in the payment of any installment of principal or of interest.
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
5. That the said mortgage was duly iccorded in the Office of the CLERK of the County of
CATTARAUGUS on September 8, 201 I in instrument Number 164569-001, and the New York State
recording tax was duly paid thercon. A copy of the mortgage is annexed hereto as Exhibit B.
6. The subject mortgage was assigned by wntten agreement thereafter to CITIFINANCIAL
COMPANY D/B/A CITIFINANCIAL C OMPANY (DE), A DELAWARE CORPORATION, by
assignment of mortgage dated January 8. 2015 and which was recorded in the Office of the CLERK
of the County of CATTARAUGUS in Instrument Number 230456-001 on January 23, 2015. Copy of
the Assignment is annexed hereto as Exhibit C.
7. The subject mortgage was assigned by written agreement thereafter to WILMINGTON
SAVfNGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST
A, by assigmnent of mortgage dated October 20, 2017 and which was recorded in the Office of the
CLERK of the County of CATTARAUGUS in InstrumentNumber285737-001 onNovember 1, 2017.
Plaintiff has standing to commence the within action by virtue of being the Transferee of the original
Note, heretofore validly transferred and currently in its possession and is the current holder of both
the Note and the Mortgage it secures. Copy of the Assignment is annexed hereto as Exhibit C.
8. Defendant, Pauline Wagatha, is the owner of the equity ofredemption herein foreclosed
by operation of law and is joined as a necessary party defendant to foreclose all of hers rights, title,
interest and equity of redemption in the mortgaged premises.
9. Plaintiff verily believes that during the pendency of this action, in order to protect the
security of the within Mortgage, it may be compelled to make advances to prior mortgagees, if any,
for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance
premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
fire insurance company, which advances are to be included in the balance due to plaintiff, plus interest,
as provided For in the within Mongage foreclosed and deemed further secured thereby
10. Pauline Wagatha has defaulted under her Note for $40,082.66 owing to plaintiff by
failing to make the required payments when due. By virtue thereof, plaintiff herein elects to accelerate
the entire puncipal balance of $39,592.14 to be immediately and payable under the mortgage berein
foreclosed, plus interest, any advances made or to be made to protect plaintiff's mortgage, all to be
computed by the Referee to be appointed for that purpose, together with a reasonable sum representing
legal fees if same is authorized by the note or mortgage to be awarded by the Court.
1 1. Plaintiff is still the owner and holder of the mortgage herein foreclosed and of the Note
secured thereby. At the time the proceeding was commenced, the plaintiff was the owner and holder
of the subject mortgage and Note, or has been delegated the authority to institute a foreclosure action
by the owner and holder of the Note. Originals of the subject mortgage and Note are in the plaintiff's
possession and control or that of the custodian.
I 2 Plaintiff is a Trust.
13. That no other action has been commenced for the recovery of said sum secured by said
Note and mortgage.
14. That each and all of the defendants herein have or claim to have some interest in, or
lien upon the said mortgaged premises or some part thereof, which interest or lien, if any, has accrued
subsequently to the lien of the said mortgage, and is subject and subordinate thereto.
15. That plaintiff shall not be deemed to have waived, altered, released or changed the
election hereinbefore made by reason of any payment after the date of commencement of this action.
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
16, The Plaintiff has complied with all of the provisions of RPAPL 1304.
17. Defendant THE PEOPLE OF THE STATE OF NEW YORK is named as a necessary
party defendant to bar and foreclose it from all right, title, and interest it has or may claim to have
in the premises being foreclosed by virtue of possible inheritance taxes due and owing from the
defendant; said taxes are subordinate to the mortgage held by Plaintiff.
18. Defendant UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE is
named as a necessary party defendant to bar and foreclose it from all right, title, and interest it has
or may claim to have in the premises being foreclosed by virtue of possible inheritance taxes due
and owing from the defendant; said taxes are subordinate to the mortgage held by Plaintiff.
19. Plaintiff has complied with RPAPL 1306 by electronically filing the required
information with New York State Department of Financial Services.
WHEREFORE, the plaintiff demands judgment that the defendant herein and all persons
claiming under them or any or either of them subsequent to the commencement of this action may be
forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged
"
premises; that the said premises may be decreed to be sold according to law in "as is physical order
and condition, subject to any covenants, easements, restrictions and reservations of record; any
violations of record; any state of facts an accurate survey may show; any zoning regulations or
amendments thereto; rights of tenants or persons in possession of the subject premises; any prior
mortgage liens of record; any prior lien of record; and any advances or arrears thereunder; any equity
of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from
date of sale; that this Court fonhwith appoint a receiver of the rents and profits of said premises, during
the pendency of this action with the usual powers and duties; that monies arising from the sale may be
brought into court; that plaintiff may be paid the amount due on said Note and Mortgage with interest
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
to the time of such payment, attorney's fees, as set forth in the Mortgage, the costs of this action and
the expenses of said sale so far as the amount of such monies properly applicable thereto will pay the
same.
Dated: September 23, 2019
Syosset, New Y ork
ROACH & LIN, P.C F/K/A PETER T. ROACH
AND ASSOCIATES, P.C.
BY: Michael Ú. Manniello
Attorneys for Plaintiff
6901 Jericho Tumpike, Suite 240
Syosset, NY 1 1791-4420
(516) 938-3100
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
SCHEDULE A (Legal Description)
ALL THAT TRACT OR PARCEL OF LAND, SITUATE ]N THE TOWN OF NAPOLI,
COUNTY OF
CATTARAUGUS, AND STATE OF NEW YORK, DISTINGUISHED BY BElNG PART OF
LOT NO. 29 TOWNSHIP
3, RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEG lNNING AT THE INTERSECTION OF THE EAST BOUNDS OF LANDS CONVEY ED
TO THE GRANTORS
HEREIN BY DEED DATED APRIL ) 5, 1983 AND RECORDED IN THE CATTARAUGUS
COUNTY CLERK'S
OFFICE ON APRIL 20, 1983, IN LIBER 830 OF DEEDS AT PAGE 808, WITH THE NOR TH
BOUNDS OF MARK
ROAD, SAID PO]NT OR PLACE OF BEGINNING BEING APPROXIMATELY 1300 FEET
NORTHWESTERLY
ALONG SAID MARX ROAD FROM THE INTERSECTION OF THE SOUTHEAST
CORNER OF LOT 29 AND THE
NORTHEAST CORNER OF LOT 28, THENCE WESTERLY ALONG THE NORTH
BOUNDS OF SAID MARX
ROAD A DISTANCE OF 533 FEET TO A POINT; THENCE DUE NORTH A DISTANCE OF
1081 FEET TO A
PO1NT; THENCE EASTERLY ON A COURSE PARALLEL TO SAID MARX ROAD A
DISTANCE OF 533 FEET TO
A POINT ON THE EAST BOUNDS OF SAID LANDS CONVEYED TO THE GRANTORS
HERE1N BY SAID DEED
RECORDED IN THE CATTARAUOUS COUNTY CLERK'S OFFICE IN LIBER 830 AT
PAGE 808; THENCE
SOUTHERLY ALONG SAID EASTERLY BOUNDS OF LANDS CONVEYED TO THE
GRANTORS A DISTANCE
OF 1081 FEET TO THE POINT OR PLACE OF BEGINNING, CONTAINING 13.2 ACRES,
BE THE SAME MORE
OR LESS.
Tax ID: 62.002-1-24.4
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021
Note
Septcenberon. 20.t1 FitEDONIA try
fDaic) ICity) (51aic)
3946 MARXRD
tuTTLE VALTEY NY 1,1755
IFroperty MMrcu]
Londoris a L.icensed MongageOnrúerUnderArticle12-Dol theNowYork state annkinsLaw.
L DORROWEIUS PRO!vil5Ef O IMY
InrtrurnIo' 4loanthalI haveretcival.I priniisctopayU.5.1 40, 082.as (thismmount isealled"Principol"), plusintercsi,
lotheevJes of'1·eLanter TheLcorl:1is ONEr¾Itl FINMICIAL, INC. , I willmakeallprlyrotuts tLoder
thisNoteinthetormof
cash.chcckor money ordcI
1undcnland th.ilIheLeederr,-,ay im sterthisNoic. TheLender oranyone whoinkcsthisNotebytransfer andwhoiscolitledlo
receive paymenu underthicNcNis calledscieMmeHolder."
2. LNTErt.EST
Ininestwil!becharg cdonunpro pnncipaluntil dit MI emoung of Principalhasbeenpaid.I wil) payùHercuatuyterlyroleof
1.9.39 %
Theintermgatereqoucd by theSecuon 2 is therateI will paybothbr;fore andaneranydefaultdescribedIn Section 6(D)ofthts
Nole.AnartheM*Harity Dateestabhsted mSciEW YorlK14D63 orat2dihe.ntplacoifrgqu]red ,
bytheNoteHolect.
(B) Amaunt o f MooIldy Ps)nisnes
Mymonthly payment will beintheornoool of U 5.5 3sa. 24 .
d. BONROWER'S IUCHTTO PREPAY
I haw.rearscht to M* Pa/1m'6 ' I I 'P''' 8' 'ny lirneheforistheyart due. A payment of Principalenlyis leowriona
'Pacpapew" Wh-aI ma-a• Nim of a ..tl u Intr NulellnlderinmitingthatI sindoingg to. ] maynoldealgnaten payynentaz a
Prepaymeng if I am no madeanthemoolahpsynichin durundes th:Neue.
I assywAt a (u1|Terrayw<• cogorirti I'rcrtyc sm:mthcutpayinga firpaymnalabarge,TheNorcHoluce w ill its:
Prep*yroents laseduce inesmoum of imrop•l an I oweunses thil Nels IIowever, asy
slicNoteHoldermayApplymy Pstpaymcatle the
serrued andum-end imutti cotheIN*rmm-i sonant )ctmenpplyiess inyPrepayment toreduce thefrtscipalcmottal oftbetfett.
If I triakse perne'int.5 increthm .MI6: earasar,rsinthedecdinicor la theamotirst of:nyrooirthlypsyanclilveless theNote
Holderspresinwritingin 15o>c churgr.S.
Preview
FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 EXHIBIT R FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SU MMONS AND COMPLAINT YOU DANGER ARE IN OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR OPTIONS IN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCE FROM AN ATTORNEY OR LEGAL AID OFFICE, THERE ARE GOVERNMENT AGENCIES AND NON-PROFIT ORGANIZATIONS THAT YOU MAY CONTACT FOR INFORMATION ABOUT POSSIBLE OPTIONS, INCLUDING TRYING TO WORK WITH YOUR LENDER DURING THIS PROCESS. TO LOCATE AN ENTITY NEAR YOU, YOU MAY CALL THE TOLL --FREE HELPLINE MAINTAINED BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES AT 1(800) 269-0990 OR VISIT THE DEPARTMENT'S WEBSITE AT HTTP://WWW.DFS.NY.GOV. RIGHTS AND OBLIGATIONS YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU HAVE THE RIGHT TO STAY IN YOUR HOME DURING THE FORECLOSURE PROCESS. Y OU ARE NOT REQUIRED TO LEAVE YOUR HOME UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE. REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY AND PAY PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW. FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 FORECLOSURE RESCUE SCAMS "SAVE" BE CAREFUL OF PEOPLE WHO APPROACH YOU WITH OFFERS TO YOUR HOME. THERE ARE INDIVIDUALS WHO WATCH FOR NOTICES OF FORECLOSURE ACTIONS IN ORDER TO UNFAIRLY PROFIT FROM A HOMEOWNER'S DISTRESS. YOU SHOULD BE EXTREMELY CAREFUL ABOUT ANY SUCH PROMISES AND ANY SUGGESTIONS THAT YOU PAY THEM A FEE OR SIGN OVER YOUR DEED. STATE LAW REQUIRES ANYONE OFFERING SUCH SERVICES FOR PROFIT TO ENTER INTO A CONTRACT WHICH FULLY DESCRIBES THE SERVICES THEY WILL PERFORM AND FEES THEY WILL CHARGE, AND WHICH PROHIBITS THEM FROM TAKING ANY MONEY FROM YOU UNTIL THEY HAVE COMPLETED ALL SUCH PROMISED SERVICES. WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 ECOPY SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS --------------- ------------------ --- -----x WILMINGTON SAVINGS FUND SOCIETY, FSB, AS INDEX NO.: 86820 TRUSTEE OF STANW1CH MORTGAGE LOAN TRUST A SUPPLEMENTAL SUMMONS Plaintiff(s), Plaintiff designates -against- CATTARAUGUS as the County place of trial PAULINE WAGATHA, if living, and if she be dead, any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or generally or MORTGAGED PROPERTY: specific lien upon the real property described in this 9846 MARX RD action; such unknown persons being herein generally LITTLE VALLEY, NY 14755 described and intended to be included in the following namely: the wife, husband, SBL#: 62.2 - 1 - 24.4 designation, widow, widower, heirs-at-law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such Venue is based upon County in deceased, any and all persons deriving interest in or lien which the premises are situated upon, or title to said real property by, through, or under them and their respective wives, widows, husbands, widowers, heirs-at-law, next of kin, descpndants executors, administrators, devisees, legatees, creditors, -. trustees, committees, lienors, and assigns, all of whom and whose names, except as stated, are unknown to plaintiff, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE UNITED STATES OF AMERICA - INTERNAL c REVENUE SERVICE c #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(s). --------....------------- ----------------x FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorneys for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action, YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint 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); 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. Dated: September 23, 2019 Syosset, New York t' ROACH & LIN, P.C. F/K/A PETE R JACH AND ASSOCIATES, Pf. BY: i ichael C. lanmello Attomeys for Plaintiff 6901 Jericho Turnpike, Suite 240 Syosset, NY 11791-4420 (516) 938-3100 FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 ( ()l' St.I.NiNP R [ UF f IT ST N NEW W)RK . Wii MINt TUN S IN NO S I Y I M.0 . & STANWh vµ WD ;M ;ü I OAN1RI S . . SUPPIEMENTA L S U M MO N S : N RT)ACII I IN, I'.C. I&KM I ETER 1 RodGlf GSü&IW)KSil. WHdn (,901 Jericho Iur ke. . YC I ! !--a. t! e i / u n I mri.: n| Nm DükB ·Ã n n M ; 3 jj . INmui ù uit {!)b!!! M ú dataitMMüñ annexmam umma are n t tr m!uns m!m!mi f ine mun . nRiosumem û{l l]n IUtin . f,) 2G( lHV, 5) 'I 1 fllaf[V /yrwd. Ine / )HtQ !llle.'G) N onancty;my! 1a 1 Itmant 1e alton)mogot et?pe 'o .v ½ponst do ; e & flegal .coltdtict are not .ar tel alittgntst[t ina 1. s at gil anQu ; cornest wrefFom unddhat (n): if dre- matter nt.vu rot· n takelar ms o . . ersonal In tir ent wrom n[aead the-rnattermax. m o bti ret enmolutton . . . Mid}a I } tel (. FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS WILMINGTON SAVINGS FUND SOCIETY, FSB, AS INDEX NO.: 86820 TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A AMENDED COMPLAINT FOR FORECLOSURE OF A Plaintiff(s), MORTGAGE -against- MORTGAGED PROPERTY: PAULINE WAGATHA, if living, and if she be dead, 9846 MARX RD any and all persons unknown to plaintiff, claiming, or LITTLE VALLEY, NY 14755 who may claim to have an interest in, or generally or specific lien upon the real property described in this SBL#: 62.2 - 1 - 24.4 action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs-at-law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, licnors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through, or under them and their respective wives, widows, husbands, widowers, heirs-at-law, next of kin, descpndants, c executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assigns, all of whom and whose names, except as stated, are unknown to plaintiff, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE #1" "JOHN DOE through "JOHN DOE #12," 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(s). - -----.--------...--..---------...-------X FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 Plaintiff(s) by its/their attorneys R.oach & Lin, P.C. f/k/a l'eter T. Roach and Associates, P.C., hereby allege(s) upon information and belief; 1. On or about September 6, 2011 defendant, Pauline Wagatha, borrowed the sum of $40,082.66 from ONEMAIN FINANCIAL, INC., and executed and delivered a certain Note dated September 06, 2011. A copy of the Note is annexed hereto as Exhibil A. 2. Said Note provided, among other things, that in the event of default by the maker of the Note, Pauline Wagatha, in the payment of any of the above described payments, the entire balance hereunder shall be immediately due and payable. 3. In order to collaterally secure the aforesaid obligation, defendant, Pauline Wagatha, duly executed, acknowledged and delivered to the plaintiff or plaintiff's assigner a mortgage, whereby said defendant mortgaged the following real property with the appurtenances thereto, described in the Mortgage as follows: Description" See Schedule A - "Legal annexed hereto and made a part hereof. Said premises being known as and by 9846 MARX RD, LITTLE VALLEY, NY 14755. TOGETHER with all right, title and interest of the defendant in and to the land lying in the streets and roads in front of and adjoining said premises. 4. Said mortgage provided for the following: a) In case of foreclosure sale said premises or so much thereof as may be affected by this mortgage, may be sold in one parcel. b) That the mortgagor will pay all taxes, assessments, sewer rents or water rates and in default thereof, the mortgagee may pay the same. c) That the whole of said principal sum and interest shall become due at the option of the mortgagee after default in the payment of any installment of principal or of interest. FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 5. That the said mortgage was duly iccorded in the Office of the CLERK of the County of CATTARAUGUS on September 8, 201 I in instrument Number 164569-001, and the New York State recording tax was duly paid thercon. A copy of the mortgage is annexed hereto as Exhibit B. 6. The subject mortgage was assigned by wntten agreement thereafter to CITIFINANCIAL COMPANY D/B/A CITIFINANCIAL C OMPANY (DE), A DELAWARE CORPORATION, by assignment of mortgage dated January 8. 2015 and which was recorded in the Office of the CLERK of the County of CATTARAUGUS in Instrument Number 230456-001 on January 23, 2015. Copy of the Assignment is annexed hereto as Exhibit C. 7. The subject mortgage was assigned by written agreement thereafter to WILMINGTON SAVfNGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A, by assigmnent of mortgage dated October 20, 2017 and which was recorded in the Office of the CLERK of the County of CATTARAUGUS in InstrumentNumber285737-001 onNovember 1, 2017. Plaintiff has standing to commence the within action by virtue of being the Transferee of the original Note, heretofore validly transferred and currently in its possession and is the current holder of both the Note and the Mortgage it secures. Copy of the Assignment is annexed hereto as Exhibit C. 8. Defendant, Pauline Wagatha, is the owner of the equity ofredemption herein foreclosed by operation of law and is joined as a necessary party defendant to foreclose all of hers rights, title, interest and equity of redemption in the mortgaged premises. 9. Plaintiff verily believes that during the pendency of this action, in order to protect the security of the within Mortgage, it may be compelled to make advances to prior mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 fire insurance company, which advances are to be included in the balance due to plaintiff, plus interest, as provided For in the within Mongage foreclosed and deemed further secured thereby 10. Pauline Wagatha has defaulted under her Note for $40,082.66 owing to plaintiff by failing to make the required payments when due. By virtue thereof, plaintiff herein elects to accelerate the entire puncipal balance of $39,592.14 to be immediately and payable under the mortgage berein foreclosed, plus interest, any advances made or to be made to protect plaintiff's mortgage, all to be computed by the Referee to be appointed for that purpose, together with a reasonable sum representing legal fees if same is authorized by the note or mortgage to be awarded by the Court. 1 1. Plaintiff is still the owner and holder of the mortgage herein foreclosed and of the Note secured thereby. At the time the proceeding was commenced, the plaintiff was the owner and holder of the subject mortgage and Note, or has been delegated the authority to institute a foreclosure action by the owner and holder of the Note. Originals of the subject mortgage and Note are in the plaintiff's possession and control or that of the custodian. I 2 Plaintiff is a Trust. 13. That no other action has been commenced for the recovery of said sum secured by said Note and mortgage. 14. That each and all of the defendants herein have or claim to have some interest in, or lien upon the said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequently to the lien of the said mortgage, and is subject and subordinate thereto. 15. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of any payment after the date of commencement of this action. FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 16, The Plaintiff has complied with all of the provisions of RPAPL 1304. 17. Defendant THE PEOPLE OF THE STATE OF NEW YORK is named as a necessary party defendant to bar and foreclose it from all right, title, and interest it has or may claim to have in the premises being foreclosed by virtue of possible inheritance taxes due and owing from the defendant; said taxes are subordinate to the mortgage held by Plaintiff. 18. Defendant UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE is named as a necessary party defendant to bar and foreclose it from all right, title, and interest it has or may claim to have in the premises being foreclosed by virtue of possible inheritance taxes due and owing from the defendant; said taxes are subordinate to the mortgage held by Plaintiff. 19. Plaintiff has complied with RPAPL 1306 by electronically filing the required information with New York State Department of Financial Services. WHEREFORE, the plaintiff demands judgment that the defendant herein and all persons claiming under them or any or either of them subsequent to the commencement of this action may be forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged " premises; that the said premises may be decreed to be sold according to law in "as is physical order and condition, subject to any covenants, easements, restrictions and reservations of record; any violations of record; any state of facts an accurate survey may show; any zoning regulations or amendments thereto; rights of tenants or persons in possession of the subject premises; any prior mortgage liens of record; any prior lien of record; and any advances or arrears thereunder; any equity of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from date of sale; that this Court fonhwith appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; that monies arising from the sale may be brought into court; that plaintiff may be paid the amount due on said Note and Mortgage with interest FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 to the time of such payment, attorney's fees, as set forth in the Mortgage, the costs of this action and the expenses of said sale so far as the amount of such monies properly applicable thereto will pay the same. Dated: September 23, 2019 Syosset, New Y ork ROACH & LIN, P.C F/K/A PETER T. ROACH AND ASSOCIATES, P.C. BY: Michael Ú. Manniello Attorneys for Plaintiff 6901 Jericho Tumpike, Suite 240 Syosset, NY 1 1791-4420 (516) 938-3100 FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 SCHEDULE A (Legal Description) ALL THAT TRACT OR PARCEL OF LAND, SITUATE ]N THE TOWN OF NAPOLI, COUNTY OF CATTARAUGUS, AND STATE OF NEW YORK, DISTINGUISHED BY BElNG PART OF LOT NO. 29 TOWNSHIP 3, RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, BOUNDED AND DESCRIBED AS FOLLOWS: BEG lNNING AT THE INTERSECTION OF THE EAST BOUNDS OF LANDS CONVEY ED TO THE GRANTORS HEREIN BY DEED DATED APRIL ) 5, 1983 AND RECORDED IN THE CATTARAUGUS COUNTY CLERK'S OFFICE ON APRIL 20, 1983, IN LIBER 830 OF DEEDS AT PAGE 808, WITH THE NOR TH BOUNDS OF MARK ROAD, SAID PO]NT OR PLACE OF BEGINNING BEING APPROXIMATELY 1300 FEET NORTHWESTERLY ALONG SAID MARX ROAD FROM THE INTERSECTION OF THE SOUTHEAST CORNER OF LOT 29 AND THE NORTHEAST CORNER OF LOT 28, THENCE WESTERLY ALONG THE NORTH BOUNDS OF SAID MARX ROAD A DISTANCE OF 533 FEET TO A POINT; THENCE DUE NORTH A DISTANCE OF 1081 FEET TO A PO1NT; THENCE EASTERLY ON A COURSE PARALLEL TO SAID MARX ROAD A DISTANCE OF 533 FEET TO A POINT ON THE EAST BOUNDS OF SAID LANDS CONVEYED TO THE GRANTORS HERE1N BY SAID DEED RECORDED IN THE CATTARAUOUS COUNTY CLERK'S OFFICE IN LIBER 830 AT PAGE 808; THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDS OF LANDS CONVEYED TO THE GRANTORS A DISTANCE OF 1081 FEET TO THE POINT OR PLACE OF BEGINNING, CONTAINING 13.2 ACRES, BE THE SAME MORE OR LESS. Tax ID: 62.002-1-24.4 FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 FILED: CATTARAUGUS COUNTY CLERK 11/17/2021 11:08 AM INDEX NO. 86820 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/17/2021 Note Septcenberon. 20.t1 FitEDONIA try fDaic) ICity) (51aic) 3946 MARXRD tuTTLE VALTEY NY 1,1755 IFroperty MMrcu] Londoris a L.icensed MongageOnrúerUnderArticle12-Dol theNowYork state annkinsLaw. L DORROWEIUS PRO!vil5Ef O IMY InrtrurnIo' 4loanthalI haveretcival.I priniisctopayU.5.1 40, 082.as (thismmount isealled"Principol"), plusintercsi, lotheevJes of'1·eLanter TheLcorl:1is ONEr¾Itl FINMICIAL, INC. , I willmakeallprlyrotuts tLoder thisNoteinthetormof cash.chcckor money ordcI 1undcnland th.ilIheLeederr,-,ay im sterthisNoic. TheLender oranyone whoinkcsthisNotebytransfer andwhoiscolitledlo receive paymenu underthicNcNis calledscieMmeHolder." 2. LNTErt.EST Ininestwil!becharg cdonunpro pnncipaluntil dit MI emoung of Principalhasbeenpaid.I wil) payùHercuatuyterlyroleof 1.9.39 % Theintermgatereqoucd by theSecuon 2 is therateI will paybothbr;fore andaneranydefaultdescribedIn Section 6(D)ofthts Nole.AnartheM*Harity Dateestabhsted mSciEW YorlK14D63 orat2dihe.ntplacoifrgqu]red , bytheNoteHolect. (B) Amaunt o f MooIldy Ps)nisnes Mymonthly payment will beintheornoool of U 5.5 3sa. 24 . d. BONROWER'S IUCHTTO PREPAY I haw.rearscht to M* Pa/1m'6 ' I I 'P''' 8' 'ny lirneheforistheyart due. A payment of Principalenlyis leowriona 'Pacpapew" Wh-aI ma-a• Nim of a ..tl u Intr NulellnlderinmitingthatI sindoingg to. ] maynoldealgnaten payynentaz a Prepaymeng if I am no madeanthemoolahpsynichin durundes th:Neue. I assywAt a (u1|Terrayw<• cogorirti I'rcrtyc sm:mthcutpayinga firpaymnalabarge,TheNorcHoluce w ill its: Prep*yroents laseduce inesmoum of imrop•l an I oweunses thil Nels IIowever, asy slicNoteHoldermayApplymy Pstpaymcatle the serrued andum-end imutti cotheIN*rmm-i sonant )ctmenpplyiess inyPrepayment toreduce thefrtscipalcmottal oftbetfett. If I triakse perne'int.5 increthm .MI6: earasar,rsinthedecdinicor la theamotirst of:nyrooirthlypsyanclilveless theNote Holderspresinwritingin 15o>c churgr.S.