Preview
FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
"A"
Exhibit
FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF SUFFOLK
---------------------------------X
STATE OF NEW YORK MORTGAGE AGENCY
641 Lexington Avenue
New York, NY 10022
SUMMONS
Plaintiff,
ORIGINAL FILED THE
vs. CLERK ON
LIZ ARCE, JUAN CARLOS ARCE, INDEX NO.:
MANUFACTURERS AND TRADERS TRUST
COMPANY, NEW YORK STATE DEPARTMENT OF MORTGAGED PREMISES:
TAXATION.AND FINANCE, UNITED STATES OF 35 PARK HILL DR1VE
A_MF__PJCA ACTING TEROUGH THE IRS, SELDEN, NY 11784
JOHN DOE (Said name being fictitious, . SBL #:
it being the iñ‡cation of Plaintiff to DISTRICT 0200,
designate any and all occupants of SECTION 489.00,
premises being foreclosed herein, and BLOCK 06.00,
any parties, corporations
or entities, LOT 026.000
if any, having or claiming an interest
or lien upon the mortgaged premises.)
Defendant(s).
_______________ ____._______--...--------X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Compl int in the above captioned action and to serve
a copy of your Answer on the Plaintiff's attomey within twenty (20) days after the service of this Summons,
exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any
other manner than by pmen=1 delivery within the State. The United States of America, if designated as a
Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the Cornplaint.
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 attorney for the mortgage company who filed this
foreclosure
proceeding against vou 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.
1
FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
Sending a payment to vour 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.
Suffolk County is designated as the place of trial The basis of venue is the location of the mortgaged
premises foreclosed herein.
DATED: June , 2011
By:
Fred ck J. Peterse sq.
Steven J. Baum, P.
Attorneys for Plaintiff
220 Northp±te Parkway Suite G
Amherst, NY 14228
Tel.: 716-204-2400
The law firm of Steven J. Baum, P.C. and the attorneys whom it ezaploys are debt collectors who are attempting
to collect a debt. information nhtaird them will be used for that purpose.
Any by
2
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF SUFFOLK
---..------..-----------------------X
STATE OF NEW YORK MORTGAGE AGENCY
641 Lexington Avenue
New York, NY 10022
Plaintiff,
COMPLAINT
INDEX NO.:
LIZ ARCE, JUAN CARLOS ARCE,
MANUFACTURERS AND TRADERS TRUST MORTGAGED PREMISES:
COMPANY, NEW YORK STATE DEPARTMENT OF 35 PARK HILL DR1VE
TAXATION-AND FINANCE, UNITED STATES OF SELDEN, NY 11784
AMERICA ACTING THROUGH THE IRS,
SBL #:
JOHN DOE (Said name - DISTRICT
being fictitious, 0200,
it being the intention of Plaintiff to SECTION 489.00,
designate any and all occupants of BLOCK 06.00,
premises being foreclosed herein, and LOT 026.000
any parties, corporations or entities,
if any, having or claiming an interest
or lien upon the mortgaged premises.)
Defendant(s).
-.-----------------------------X
The Plaintiff by its attorneys, Steven J. Baum, P.C., for its complaint against the Defendant(s) alleges
upon information and belief as follows:
FIRST: Plaintiff is a banking corporation duly organized and existing under and by virtue of the laws of
the State of New York, the holder of the note and mortgage being foreclosed herein.
SECOND: On or about the 8th day of December, 2003, JUAN CARLOS ARCE and LIZ ARCE duly
executed and delivered a note whereby JUAN CARLOS ARCE and LIZ ARCE promised to pay the sum of
$285,000.00 with interest on the unpaid balance of the debt.
THIRD: That as security for the payment of said note LIZ ARCE and RJAN CARLOS ARCE duly
executed and delivered a mortgage in the amount of $285,000.00 which mortgage was recorded as follows and
mortgage tax paid thereon:
Recording Date: December 15, 2003
Book/Page: 20594/766
County (or City Register of): Suffolk
The rnortgage was subseqüently assigned to STATE OF NEW YORK MORTGAGE AGENCY by
assignment
FOURTH: The maitgagcd premises are commonly known as 35 PARK HILL DRIVE, SELDEN, NY
A"
11784 and more fully described in "SMule attached to this complaint. The tax map designation is known
as all or part of SBL: District 0200, Section 489.00, Block 06.00, Lot 026.000.
3
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FIFTH: That the Defendant(s) JUAN CARLOS ARCE and LIZ ARCE so named, has/have failed to
comply with the conditions of the mortgage and note by failing to pay principal and interest and/or taxes,
asscssments, water rates, insurance premiums, escrow and/or other charges that came due and payable on the 1st
day of November, 2010 as more fully set forth below. Accordingly, Plaintiff elects to call due the entire amount
secured by the mortgage.
SIXTH: There is now due and owing on said mortgage the following amounts:
Principal balance: $250,827.12
Interest Rate: 4.75%
from-
Date interest accrues October 1, 2010
Escrow advances: $5,859.08
Late charges: $237.84
Inspection fees: $26.00
Together with monies advanced fortaxes, insurance, mathnee of premises and the costs, allowances
and reasonable attorney's fees if permitted by the mortgage.
SEVENTH: In order to protect its security interest the Plaintiff or its agent has paid or may be
compelled to pay during the pendency of this action, taxes, assessments, water rates, in=rance premiums and
other charges affecting the mortgaged premises. Plaintiff requests that any sums it or its agent has paid, together
with interest, be included in the sum otherwise due as provided for and secured by the mortgage.
EIGHTH: Upon information and belief all the defendants herein have or claim to have some interest in
or lien upon said mortgaged premises or some part thereof which interest
or lien, if any, has accrued subsequent to
the lien of Plaintiffs mortgage, or has been paid or eqüitably subordinated to Plaintiffs mortgage, or has been
duly subordinated thereto, or is adverse to that of Plaintiff. The reason for ñaming said defendants is set forth in
B"
"Schedule that is attached to this complaint.
NINTH: The reason for naming any governmental agency or instrumentalities of the Federal, State or
C"
local government (however dacignatad), is set forth in "Schedule that is attached to this complaiñt.
Doe"
TENTH: Upon information and belief the defendant(s) "John are occupants of the premises being
foraclosed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest
against the premises.
ELEVENTH: If applicable, the mortgage originated in enmphance with Banking Law Sections 595-a
and 6-1 or 6-m and at the time of commencement of this action, the
Plaintiff has complied with all of the
provisions of Section 595-a of the Banking law and any rules and regulations promidgeted thereunder, Section 6-1
and 6-m of the Banking Law, and Sections 1304 and 1306 of the Real Property Actions and Proceedings Law.
TWELFTH: Plaintiff requests that in the event this action proceeds to judgment of foreclosure and sale,
said premises be sold subject to: any state of facts an inspection of the premises would disclose or an accurate
survey of the premises would show; covenants, rest-ictions, easements and public utility agrccmcñts of record, if
any; building and zoning ordinances and possible violations of the same; any rights of tenants or persons in
possession of the premises; any equity of redemption of the United States of America to redeem the premises
within 120 days; prior mortgages and liens, if any. If the mortgage secures more than one parcel, Plaintiff
requests the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary
to satisfy the indebtedness.
THIRTEENIII There are no other actions or pending proceedings at law to collect or enforce the note
and mortgage.
FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011
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WHEREFORE, PLAINTIFF DEMANDS JUDGMENT:
1. Adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, late charges,
expenses of sale, allowances and disbursements, reasonable attorney's fees if provided for in the
mortgage and any monies advanced and paid which are secured by the mortgage.
2. That the defendants and all persons claiming by, through or under them and every other person or
entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded,
or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of
and from all right,
claim, lien, interest or equity of redemption in and to said mortgaged premises.
3. That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts
due as aforesaid, be decreed to be sold according to law subject to the provisions of paragraph
"TWELFTH"
of this complaint.
4. That out of the monies arising from the sale thereof, the Plaintiff may be paid the amoüñts due on
said note and
mortgage, plus those items referenced in paragraph 1, above, together with any
sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of
the respective payments, so far as the amount of such money properly applicable thereto will pay
the same.
5. That either or any of the parties to this action may become a purchaser upon such sale.
6. That this court, if requested, forthwith appoint a receiver of the rents and profits of said premises
with the usual powers and duties.
"FIFTH"
7. That the defendants referred to in paragraph
of this complaint and any original or
subsequent obligors so named in this
may be adjudged to pay any deficiency
action, that may
remain after applying all of said monies so applicable thereto, unless the debt has been listed and
discharged in a bankruptcy petition, or unless the Plaintiff is unable to produce a copy of the note,
in which case no deficiency judgment will be sought.
8. In the event Plaintiff possesses any other liens against the premises, they shall not be merged with
the same. Plaintiff specifically reserves its right to share in any surplus monies arising from the
sale of the subject by premises virtue of its position as a judgment or other lien creditor,
excluding the mortgage being foreclosed herein.
9. That the Plaintiff may have such other and further relief as may be just, equitable and proper.
By:
Frederick J. Petersen, Esq.
Steven J. Baum, P.C.
Attorneys for Plaintiff
220 Northpointe Parkway Suite G
Amherst, NY 14228
Tel.: 716-204-2400
The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting
to collect a debt. Any information obtained by them will be used for that purpose.
5
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
Search Number: 2011-22977
Legal Description
Allthat certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situated, lying
and being at Selden, Town of Brookhaven, County of Suffolk and State of New York, known and designated as
Lot No. 51 on a certain map entitled, "Map of Urban Life Homes, Section Three", and filed in the Office of the
Clerk of the County of Suffolk on July 23, 1958 as Map No. 2835, which said lot, according to said map, is
bounded and described as follows:
BEGINNING at a point on the Easterly side of Park Hill Drive, distant 303.24 feet Northerly from the extreme
Neithêñy end of the arc connecting the Easterly side of Park Hill Drive with the Northerly side of Emlu Drive;
RUNNING THENCE along the Easterly side of Park Hill Drive the following two (2) courses and distances:
1. Northerly along a curve bearing to the right having a radius of 360.13 feet, a distance of 9.67 feet;
2. North 5 degrees 36 miñütes 20 seconds East, 65.33 feet;
THENCE South 84 degrees 23 minutes 40 seconds East, 120.00 feet to the other land now or formerly of
GHnthp Construction Corp.;
THENCE along said land, South 5 degrees 36 minutes 20 seconds West, 75.00 feet;
THENCE North 84 degrees 23 rninutes 40 seconds West, 119.87 feet to the Easterly side of Park Hill Drive and
the point of BEGINNING.
35 PARK HILL DRIVE, SELDEN, NY 11784
District 0200 Section 489.00 Block 06.00 Lot 026.000
SCHEDULE A
6
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Schedule B -Defendants
LIZ ARCE Record owner and original mortgagor.
JUAN CARLOS ARCE Record owner and original mortgagor.
MANUFACTURERS AND TRADERS Holder of a mortgage.
TRUST COMPANY
JOHN DOE Said name being fictitious, it being the
intention of Plaintiff to designate any and all
ocepents of premises being foreclosed herein,
and any parties, corporations or entities, if
any, having or claiming an interest or lien upon
the mortgaged premises.
7
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Schedule C - Defendants
NEW YORK STATE DEPARTMENT OF Holder of a warrant against Juan B. Arce/Scala
TAXATION AND FINANCE Interior Corp, 65 Brand Dr., Huntington, NY
11743, filed the 8th day of April, 2010 in the
Office of the Suffolk County Clerk, Index #
EO30929039W0014, in the amount of $224,698.55.
UNITED STATES OF AMERICA Named as a party Defendant because of a Tax Lien
ACTING THROUGH THE IRS filed against
Juan Bautista Arce, 65 Brenad St.,
Huntington Station, NY 11746 on the 3rd day of
March, 2010 in the Office of the Suffolk County
Clerk, being Index #622934410, in the amount of
$362,625.58, filed by the District Director of
Internal Revenue. (see attached)
8
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
111111111111111111111181111111111IIIIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instruments FEDERAL TAX LIEN - IRS PAYMENT Fileds 03/03/2010
Number of Pages: O At: 09:58:56 AM
Receipt Number : 10-0025009 Lion Nums LPEDO0007418
Tax Map # :
EEAMINED AND CEARGED AS FOLLOWS
Lien Fee $40.00
Received the Following Fees For Above Tastrument
Exampt NO
Feas Paid $40.00
A'
THIS PAGE IS PART -OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
9
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Departrnent of the Treasury - laternal Revenue Service
r"'
T Nodce of Federal Tax Llen
Area: Serial Number For Omfonal Use trr RecordingpOffice
smat t. BUSINESS/SEIrF InnMr.DYED AREA #1
Lion Unit Phone: (800) 829-3903 622934410
As provided by section 6321, 6322, and 6323 of the Internal Revenue
Code, we are giving a notice that taxes (including Interest and penalties)
have been assessed against the following-named taxpayer. We have atade
a demand for payment of this Bability, but it semains unpald. Therefore,
there is a Hen In favor oI the United States on an property and rights so
property belonging to this taxpayer for the amount of these taxes, and
additional penaldes, laterest, and costs that may accrue.
Name of Taxpayer JUAN BAUTISTA ARCB
FII.ED
JUDITH R. PASCALE
Residence CLERK OF
65 BRENAD ST
HUNTINGTON STATION, NY 11746
DATE 3/3 10
SER # LFED0001F418
IMPORTANT RELEASE INFORMATION: For anch assessment Hated below,
unless nodce of the lian 18 refiled by the date givenin column (e), this notice shall,
on the day following such date, operate as a certificate of release as defined
in sc s325ta).
IGnd of Tax g Identifying Number Rel
(a) (b) (d) (e) (f)
s672 12/31/2007 xXx- 04/13/2009 05/13/2019 165402.40
6672 03/31/2008 XXX- 04/13/2009 05/13/2019 98478.61
6672 06/30/2008 XXX- 04/13/2009 05/13/2019 98744.57
Place of Filing
Suffolk County clerk
Suffolk County Total S 362625.58
Riverhead, NY 11901
This notice was prepared and signed st , on thle,
03rd February 2010
A I 21-00-0008
for THERESA HARLEY (800) 829-3903
(NOTE: Certificate of otticer muthortrod by law to take ecknowledgment is not ossantial to the valldity of Notice of Federal Tex Den
Rev.thd. 71-460, 1971-2C.IL 408)
Part 1 • Kept By lteconnes ORke CAT. NO 60025X
1 0
FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF SUFFOLK
__ _____----------------X
STATE OF NEW YORK MORTGAGE AGENCY
641 Lexington Avenue
New York, NY 10022
Plaintiff,
VS.
LIZ ARCE and JUAN CARLOS ARCE, et al.
Defendants.
..- --- --X
SUMMONS AND COMPLAINT
________ ____________________ X
STEVEN J. BAUM, P.C.
Attorneys for Plaintiff
220 Northpointe Parkway Suite G
Amherst, NY 14228
Tel.: 716-204-2400
11
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF SUFFOLK
-----------------------------X
STATE OF NEW YORK MORTGAGE AGENCY
641 Lexington Avenue
New York, NY 10022
NOTICE OF PENDENCY OF
Plaintiff, ACTION
vs. ORIGINAL FILED THE
CLERK ON 6 to //
LIZ ARCE, JUAN CARLOS ARCE,
MANUFACTURERS AND TRADERS TRUST INDEX NO.:
COMPANY, NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, UNITED STATES OF MORTGAGED PREMISES:
AMERICA ACTING THROUGH THE IRS, 35 PARK HILL DR1VE
SELDEN, NY 11784
JOHN DOE (Said name being fictitious, .
it being the intention of Plaintiff to SBL #:
designate any and all occupants of DISTRICT 0200,
premises foreclosed and· SECTION
being herein, 489.00,
any parties, corporations or entities, BLOCK 06-00,
if any, having or claiming an interest LOT 026.000
or lien upon the mortgaged premises.)
Defendant(s).
___ __....___.._____ X
NOTICE IS HEREBY GlVEN, that an action has been commenced and is now pending in the Supreme
Court of Suffolk County upon the Complaint of the above named Plaintiff against the above named Defendant(s)
for the foreclosure of a mortgage
bearing date the 8th day of December, 2003 executed by JUAN CARLOS
ARCE and LIZ ARCE to secure the sum of $285,000.00, and recorded at Liber 20594 of Mortgages at Page 766
in the Office of the Clerk of the County of Suffolk, on the 15th day of December, 2003; which mortgage was duly
assigned by assignment dated the 8th day of December, 2003, and recorded on the 15th day of Decerater, 2003,
in the Office of the Clerk of the County of Suffolk at Liber 20594, Page 767;
AND, NOTICE IS FURTHER GlVEN, that the mortgaged premises described in such mortgage(s)
affected by the said foreclosure action, were, at the time of the commencement of this action, and at the time of
the filing of this Notice, shat-1in the County of Suffolk and State of New York, and are described in "Schedule
Description"
A - Legal attached hereto and made a part hereo£
1
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021
The Clerk of the County of Suffolk, is directed to index this Notice against the names of all the
Defendant(s).
DATED: June , 2011
SBL No.: District 02 , Section 489.00, Block 06.00, Lot 026.000
By
Preview
FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 "A" Exhibit FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF SUFFOLK ---------------------------------X STATE OF NEW YORK MORTGAGE AGENCY 641 Lexington Avenue New York, NY 10022 SUMMONS Plaintiff, ORIGINAL FILED THE vs. CLERK ON LIZ ARCE, JUAN CARLOS ARCE, INDEX NO.: MANUFACTURERS AND TRADERS TRUST COMPANY, NEW YORK STATE DEPARTMENT OF MORTGAGED PREMISES: TAXATION.AND FINANCE, UNITED STATES OF 35 PARK HILL DR1VE A_MF__PJCA ACTING TEROUGH THE IRS, SELDEN, NY 11784 JOHN DOE (Said name being fictitious, . SBL #: it being the iñ‡cation of Plaintiff to DISTRICT 0200, designate any and all occupants of SECTION 489.00, premises being foreclosed herein, and BLOCK 06.00, any parties, corporations or entities, LOT 026.000 if any, having or claiming an interest or lien upon the mortgaged premises.) Defendant(s). _______________ ____._______--...--------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Compl int in the above captioned action and to serve a copy of your Answer on the Plaintiff's attomey within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by pmen=1 delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Cornplaint. 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 attorney for the mortgage company who filed this foreclosure proceeding against vou 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. 1 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 Sending a payment to vour 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. Suffolk County is designated as the place of trial The basis of venue is the location of the mortgaged premises foreclosed herein. DATED: June , 2011 By: Fred ck J. Peterse sq. Steven J. Baum, P. Attorneys for Plaintiff 220 Northp±te Parkway Suite G Amherst, NY 14228 Tel.: 716-204-2400 The law firm of Steven J. Baum, P.C. and the attorneys whom it ezaploys are debt collectors who are attempting to collect a debt. information nhtaird them will be used for that purpose. Any by 2 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF SUFFOLK ---..------..-----------------------X STATE OF NEW YORK MORTGAGE AGENCY 641 Lexington Avenue New York, NY 10022 Plaintiff, COMPLAINT INDEX NO.: LIZ ARCE, JUAN CARLOS ARCE, MANUFACTURERS AND TRADERS TRUST MORTGAGED PREMISES: COMPANY, NEW YORK STATE DEPARTMENT OF 35 PARK HILL DR1VE TAXATION-AND FINANCE, UNITED STATES OF SELDEN, NY 11784 AMERICA ACTING THROUGH THE IRS, SBL #: JOHN DOE (Said name - DISTRICT being fictitious, 0200, it being the intention of Plaintiff to SECTION 489.00, designate any and all occupants of BLOCK 06.00, premises being foreclosed herein, and LOT 026.000 any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises.) Defendant(s). -.-----------------------------X The Plaintiff by its attorneys, Steven J. Baum, P.C., for its complaint against the Defendant(s) alleges upon information and belief as follows: FIRST: Plaintiff is a banking corporation duly organized and existing under and by virtue of the laws of the State of New York, the holder of the note and mortgage being foreclosed herein. SECOND: On or about the 8th day of December, 2003, JUAN CARLOS ARCE and LIZ ARCE duly executed and delivered a note whereby JUAN CARLOS ARCE and LIZ ARCE promised to pay the sum of $285,000.00 with interest on the unpaid balance of the debt. THIRD: That as security for the payment of said note LIZ ARCE and RJAN CARLOS ARCE duly executed and delivered a mortgage in the amount of $285,000.00 which mortgage was recorded as follows and mortgage tax paid thereon: Recording Date: December 15, 2003 Book/Page: 20594/766 County (or City Register of): Suffolk The rnortgage was subseqüently assigned to STATE OF NEW YORK MORTGAGE AGENCY by assignment FOURTH: The maitgagcd premises are commonly known as 35 PARK HILL DRIVE, SELDEN, NY A" 11784 and more fully described in "SMule attached to this complaint. The tax map designation is known as all or part of SBL: District 0200, Section 489.00, Block 06.00, Lot 026.000. 3 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 FIFTH: That the Defendant(s) JUAN CARLOS ARCE and LIZ ARCE so named, has/have failed to comply with the conditions of the mortgage and note by failing to pay principal and interest and/or taxes, asscssments, water rates, insurance premiums, escrow and/or other charges that came due and payable on the 1st day of November, 2010 as more fully set forth below. Accordingly, Plaintiff elects to call due the entire amount secured by the mortgage. SIXTH: There is now due and owing on said mortgage the following amounts: Principal balance: $250,827.12 Interest Rate: 4.75% from- Date interest accrues October 1, 2010 Escrow advances: $5,859.08 Late charges: $237.84 Inspection fees: $26.00 Together with monies advanced fortaxes, insurance, mathnee of premises and the costs, allowances and reasonable attorney's fees if permitted by the mortgage. SEVENTH: In order to protect its security interest the Plaintiff or its agent has paid or may be compelled to pay during the pendency of this action, taxes, assessments, water rates, in=rance premiums and other charges affecting the mortgaged premises. Plaintiff requests that any sums it or its agent has paid, together with interest, be included in the sum otherwise due as provided for and secured by the mortgage. EIGHTH: Upon information and belief all the defendants herein have or claim to have some interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of Plaintiffs mortgage, or has been paid or eqüitably subordinated to Plaintiffs mortgage, or has been duly subordinated thereto, or is adverse to that of Plaintiff. The reason for ñaming said defendants is set forth in B" "Schedule that is attached to this complaint. NINTH: The reason for naming any governmental agency or instrumentalities of the Federal, State or C" local government (however dacignatad), is set forth in "Schedule that is attached to this complaiñt. Doe" TENTH: Upon information and belief the defendant(s) "John are occupants of the premises being foraclosed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest against the premises. ELEVENTH: If applicable, the mortgage originated in enmphance with Banking Law Sections 595-a and 6-1 or 6-m and at the time of commencement of this action, the Plaintiff has complied with all of the provisions of Section 595-a of the Banking law and any rules and regulations promidgeted thereunder, Section 6-1 and 6-m of the Banking Law, and Sections 1304 and 1306 of the Real Property Actions and Proceedings Law. TWELFTH: Plaintiff requests that in the event this action proceeds to judgment of foreclosure and sale, said premises be sold subject to: any state of facts an inspection of the premises would disclose or an accurate survey of the premises would show; covenants, rest-ictions, easements and public utility agrccmcñts of record, if any; building and zoning ordinances and possible violations of the same; any rights of tenants or persons in possession of the premises; any equity of redemption of the United States of America to redeem the premises within 120 days; prior mortgages and liens, if any. If the mortgage secures more than one parcel, Plaintiff requests the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary to satisfy the indebtedness. THIRTEENIII There are no other actions or pending proceedings at law to collect or enforce the note and mortgage. FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 WHEREFORE, PLAINTIFF DEMANDS JUDGMENT: 1. Adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney's fees if provided for in the mortgage and any monies advanced and paid which are secured by the mortgage. 2. That the defendants and all persons claiming by, through or under them and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises. 3. That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts due as aforesaid, be decreed to be sold according to law subject to the provisions of paragraph "TWELFTH" of this complaint. 4. That out of the monies arising from the sale thereof, the Plaintiff may be paid the amoüñts due on said note and mortgage, plus those items referenced in paragraph 1, above, together with any sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of the respective payments, so far as the amount of such money properly applicable thereto will pay the same. 5. That either or any of the parties to this action may become a purchaser upon such sale. 6. That this court, if requested, forthwith appoint a receiver of the rents and profits of said premises with the usual powers and duties. "FIFTH" 7. That the defendants referred to in paragraph of this complaint and any original or subsequent obligors so named in this may be adjudged to pay any deficiency action, that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy petition, or unless the Plaintiff is unable to produce a copy of the note, in which case no deficiency judgment will be sought. 8. In the event Plaintiff possesses any other liens against the premises, they shall not be merged with the same. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of the subject by premises virtue of its position as a judgment or other lien creditor, excluding the mortgage being foreclosed herein. 9. That the Plaintiff may have such other and further relief as may be just, equitable and proper. By: Frederick J. Petersen, Esq. Steven J. Baum, P.C. Attorneys for Plaintiff 220 Northpointe Parkway Suite G Amherst, NY 14228 Tel.: 716-204-2400 The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. 5 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 Search Number: 2011-22977 Legal Description Allthat certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situated, lying and being at Selden, Town of Brookhaven, County of Suffolk and State of New York, known and designated as Lot No. 51 on a certain map entitled, "Map of Urban Life Homes, Section Three", and filed in the Office of the Clerk of the County of Suffolk on July 23, 1958 as Map No. 2835, which said lot, according to said map, is bounded and described as follows: BEGINNING at a point on the Easterly side of Park Hill Drive, distant 303.24 feet Northerly from the extreme Neithêñy end of the arc connecting the Easterly side of Park Hill Drive with the Northerly side of Emlu Drive; RUNNING THENCE along the Easterly side of Park Hill Drive the following two (2) courses and distances: 1. Northerly along a curve bearing to the right having a radius of 360.13 feet, a distance of 9.67 feet; 2. North 5 degrees 36 miñütes 20 seconds East, 65.33 feet; THENCE South 84 degrees 23 minutes 40 seconds East, 120.00 feet to the other land now or formerly of GHnthp Construction Corp.; THENCE along said land, South 5 degrees 36 minutes 20 seconds West, 75.00 feet; THENCE North 84 degrees 23 rninutes 40 seconds West, 119.87 feet to the Easterly side of Park Hill Drive and the point of BEGINNING. 35 PARK HILL DRIVE, SELDEN, NY 11784 District 0200 Section 489.00 Block 06.00 Lot 026.000 SCHEDULE A 6 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 Schedule B -Defendants LIZ ARCE Record owner and original mortgagor. JUAN CARLOS ARCE Record owner and original mortgagor. MANUFACTURERS AND TRADERS Holder of a mortgage. TRUST COMPANY JOHN DOE Said name being fictitious, it being the intention of Plaintiff to designate any and all ocepents of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises. 7 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 Schedule C - Defendants NEW YORK STATE DEPARTMENT OF Holder of a warrant against Juan B. Arce/Scala TAXATION AND FINANCE Interior Corp, 65 Brand Dr., Huntington, NY 11743, filed the 8th day of April, 2010 in the Office of the Suffolk County Clerk, Index # EO30929039W0014, in the amount of $224,698.55. UNITED STATES OF AMERICA Named as a party Defendant because of a Tax Lien ACTING THROUGH THE IRS filed against Juan Bautista Arce, 65 Brenad St., Huntington Station, NY 11746 on the 3rd day of March, 2010 in the Office of the Suffolk County Clerk, being Index #622934410, in the amount of $362,625.58, filed by the District Director of Internal Revenue. (see attached) 8 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 111111111111111111111181111111111IIIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instruments FEDERAL TAX LIEN - IRS PAYMENT Fileds 03/03/2010 Number of Pages: O At: 09:58:56 AM Receipt Number : 10-0025009 Lion Nums LPEDO0007418 Tax Map # : EEAMINED AND CEARGED AS FOLLOWS Lien Fee $40.00 Received the Following Fees For Above Tastrument Exampt NO Feas Paid $40.00 A' THIS PAGE IS PART -OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 9 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 Departrnent of the Treasury - laternal Revenue Service r"' T Nodce of Federal Tax Llen Area: Serial Number For Omfonal Use trr RecordingpOffice smat t. BUSINESS/SEIrF InnMr.DYED AREA #1 Lion Unit Phone: (800) 829-3903 622934410 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including Interest and penalties) have been assessed against the following-named taxpayer. We have atade a demand for payment of this Bability, but it semains unpald. Therefore, there is a Hen In favor oI the United States on an property and rights so property belonging to this taxpayer for the amount of these taxes, and additional penaldes, laterest, and costs that may accrue. Name of Taxpayer JUAN BAUTISTA ARCB FII.ED JUDITH R. PASCALE Residence CLERK OF 65 BRENAD ST HUNTINGTON STATION, NY 11746 DATE 3/3 10 SER # LFED0001F418 IMPORTANT RELEASE INFORMATION: For anch assessment Hated below, unless nodce of the lian 18 refiled by the date givenin column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in sc s325ta). IGnd of Tax g Identifying Number Rel (a) (b) (d) (e) (f) s672 12/31/2007 xXx- 04/13/2009 05/13/2019 165402.40 6672 03/31/2008 XXX- 04/13/2009 05/13/2019 98478.61 6672 06/30/2008 XXX- 04/13/2009 05/13/2019 98744.57 Place of Filing Suffolk County clerk Suffolk County Total S 362625.58 Riverhead, NY 11901 This notice was prepared and signed st , on thle, 03rd February 2010 A I 21-00-0008 for THERESA HARLEY (800) 829-3903 (NOTE: Certificate of otticer muthortrod by law to take ecknowledgment is not ossantial to the valldity of Notice of Federal Tex Den Rev.thd. 71-460, 1971-2C.IL 408) Part 1 • Kept By lteconnes ORke CAT. NO 60025X 1 0 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF SUFFOLK __ _____----------------X STATE OF NEW YORK MORTGAGE AGENCY 641 Lexington Avenue New York, NY 10022 Plaintiff, VS. LIZ ARCE and JUAN CARLOS ARCE, et al. Defendants. ..- --- --X SUMMONS AND COMPLAINT ________ ____________________ X STEVEN J. BAUM, P.C. Attorneys for Plaintiff 220 Northpointe Parkway Suite G Amherst, NY 14228 Tel.: 716-204-2400 11 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF SUFFOLK -----------------------------X STATE OF NEW YORK MORTGAGE AGENCY 641 Lexington Avenue New York, NY 10022 NOTICE OF PENDENCY OF Plaintiff, ACTION vs. ORIGINAL FILED THE CLERK ON 6 to // LIZ ARCE, JUAN CARLOS ARCE, MANUFACTURERS AND TRADERS TRUST INDEX NO.: COMPANY, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, UNITED STATES OF MORTGAGED PREMISES: AMERICA ACTING THROUGH THE IRS, 35 PARK HILL DR1VE SELDEN, NY 11784 JOHN DOE (Said name being fictitious, . it being the intention of Plaintiff to SBL #: designate any and all occupants of DISTRICT 0200, premises foreclosed and· SECTION being herein, 489.00, any parties, corporations or entities, BLOCK 06-00, if any, having or claiming an interest LOT 026.000 or lien upon the mortgaged premises.) Defendant(s). ___ __....___.._____ X NOTICE IS HEREBY GlVEN, that an action has been commenced and is now pending in the Supreme Court of Suffolk County upon the Complaint of the above named Plaintiff against the above named Defendant(s) for the foreclosure of a mortgage bearing date the 8th day of December, 2003 executed by JUAN CARLOS ARCE and LIZ ARCE to secure the sum of $285,000.00, and recorded at Liber 20594 of Mortgages at Page 766 in the Office of the Clerk of the County of Suffolk, on the 15th day of December, 2003; which mortgage was duly assigned by assignment dated the 8th day of December, 2003, and recorded on the 15th day of Decerater, 2003, in the Office of the Clerk of the County of Suffolk at Liber 20594, Page 767; AND, NOTICE IS FURTHER GlVEN, that the mortgaged premises described in such mortgage(s) affected by the said foreclosure action, were, at the time of the commencement of this action, and at the time of the filing of this Notice, shat-1in the County of Suffolk and State of New York, and are described in "Schedule Description" A - Legal attached hereto and made a part hereo£ 1 FILED: SUFFOLK COUNTY CLERK 07/19/2021 10:26 AM INDEX NO. 018986/2011 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/19/2021 The Clerk of the County of Suffolk, is directed to index this Notice against the names of all the Defendant(s). DATED: June , 2011 SBL No.: District 02 , Section 489.00, Block 06.00, Lot 026.000 By