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  • Hsbc Bank Usa, National Association, As Trustee For Wells Fargo Alternative Loan 2007-Pa2 Trust v. Cheryl Dibenedetti, Denis Dibenedetti, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premisesReal Property - Mortgage Foreclosure - Residential document preview
  • Hsbc Bank Usa, National Association, As Trustee For Wells Fargo Alternative Loan 2007-Pa2 Trust v. Cheryl Dibenedetti, Denis Dibenedetti, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premisesReal Property - Mortgage Foreclosure - Residential document preview
  • Hsbc Bank Usa, National Association, As Trustee For Wells Fargo Alternative Loan 2007-Pa2 Trust v. Cheryl Dibenedetti, Denis Dibenedetti, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premisesReal Property - Mortgage Foreclosure - Residential document preview
  • Hsbc Bank Usa, National Association, As Trustee For Wells Fargo Alternative Loan 2007-Pa2 Trust v. Cheryl Dibenedetti, Denis Dibenedetti, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premisesReal Property - Mortgage Foreclosure - Residential document preview
  • Hsbc Bank Usa, National Association, As Trustee For Wells Fargo Alternative Loan 2007-Pa2 Trust v. Cheryl Dibenedetti, Denis Dibenedetti, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premisesReal Property - Mortgage Foreclosure - Residential document preview
  • Hsbc Bank Usa, National Association, As Trustee For Wells Fargo Alternative Loan 2007-Pa2 Trust v. Cheryl Dibenedetti, Denis Dibenedetti, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premisesReal Property - Mortgage Foreclosure - Residential document preview
  • Hsbc Bank Usa, National Association, As Trustee For Wells Fargo Alternative Loan 2007-Pa2 Trust v. Cheryl Dibenedetti, Denis Dibenedetti, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premisesReal Property - Mortgage Foreclosure - Residential document preview
  • Hsbc Bank Usa, National Association, As Trustee For Wells Fargo Alternative Loan 2007-Pa2 Trust v. Cheryl Dibenedetti, Denis Dibenedetti, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premisesReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. µrr Lau: 61 aunuka uvverr x conna v4 avi RECEIVED NYSCEF: 10/29/2023 4of NYSCEF DOC. NO. 1 RECEIVED NY SCEF : 02 / 25 / 2 014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK SUMMONS AND NOTICE HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Index No. Pass-Through Certificates Series 2007-PA2, Date Filed: Plaintiff, -against- Denis DiBenedetti; Cheryl DiBenedetti; Wells Fargo Bank, N.A.; New York 8tate Department of Taxation & Finance, "JOHN DOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. PROPERTY ADDRESS: 161 Seaman Neck Road, Dix Hills, NY 11746 TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or a notice of appearance on the attorneys for the Plaintiff within thirty (30) days after the service of this summons, exclusive ofthe day of service. The United States of America, if designated as a defendant in this action, may 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 complaint. I2-022762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/29/2023 .. NO$CE$rNATURBORACTIQ)NBAEL-$F$0UGHTTHE OBJR the above capngine&a tinh¾shibaclesksM6eg&geto#ente $9$$ƾ andsaten tecorned hattolice 11ty eles s©fne4an Angù 7 intibed4000) ter longgges)áge e n prentiseeknowns1614eawn Neckhead JSi¼Biss V WVx thetegâfamshÆÆe wiá¼mti6¦rwaQuagmentaireedaghsateemegremisès describeenbove 16 the dÿ7s ured by the%ongag#dtsetibedabnve sádsFf Plisoffit desis ffañtþÿtsy aptheynoe of hiá4 Ñ is base posth 6 y in widebeeg6rtgagedpremiseshpitngted. NOTIOE 011AREIN DANGER OFI4$1N$ò0UR40ME YOU DO NOT RESPOND IF TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTOHNEY FOR THE MORTGAGE COMPANY WHO FILED THIS FORECLOSURE FROCEEDING AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT JUDCMENT MAY BE ENTERED AND YOU CAM LOSE YOUR HOME. TO AN ATTORNEY SPEAK OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR FURTHERINFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROPERTY. SENDING A PAYMENT TO YOURMORTGAGE COMPANY WILL NOTSTOP THIS FORECLOSURE ACTION. . YOENNST REERONOBYSSR¾N ACOProf tR1UANSWER 4N tRE AtTekk$VROR TRE PLAfNTIFF$s0RT4A0t 01We4N½WN¼ntBGTHE ANSWE1tWiÈH TBECOtIRT patede Febmaryndot4 SHANRO knRO A BARAK 1150 Attonterstorhabitiff 255Mife crdäsing nodevere RachestersNW4624 585)24F90& ounge No.n422762 (2 622762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK MORTGAGE FORECLOSURE HSBC Bank USA, National Association as Trustee for Wells COMPLAINT Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-PA2, Index No. Plaintiff, Date Filed: -against- Denis DiBenedetti; Cheryl DiBenedetti; Wells Fargo Bank, N.A.; New York State Department of Taxation & Finance, "JOHN DOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office at c/o 3476 Stateview Blvd, MAC# X7801-013 (FC), Fort Mill, South Carolina 29715. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF "A" Second: The defendants set forth in Schedule reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. 12-022762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/29/2023 Third: The United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York and all other agencies or instrumentalities of the Federal, State or local government (by whatever name designated) if made parties to this action and if appearing in Schedule "B", "B" are made parties solely by reason of the interest set forth in Schedule and for no other reason. Fourth: Heretofore, the defendant(s), Cheryl DiBenedetti, for the purpose of securing to Wells Fargo Bank, N.A., its successors and assigns, the sum of $903,000.00, duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of Wells Fargo Bank, N.A., its successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: As security for the payment of said indebtedness, a mortgage was executed, acknowledged and delivered to Wells Fargo Bank, N.A. recorded in the Suffolk County Clerk's Office on August 1, 2007, in Liber M00021577 of Mortgages, page 82, wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, hereinafter called "mortgaged premises", under certain conditions with rights, duties and privileges between or among them as more fully appears in said mortgage, a copy of which is attached hereto and made a part hereof. 12-022762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/29/2023 Sixth: The Plaintiff is the current owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. If Plaintiff is not the original owner and holder of the subject note and mortgage then information regarding the chain of title will be contained in Schedule "D". Seventh: The said mortgage was duly recorded and the mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale. Eighth: The defendant(s), Cheryl DiBenedetti and Denis DiBenedetti, so named, have failed and neglected to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect to call due the entire amount presently secured by the mortgage "FIFTH" described in paragraph hereof. Ninth: Heretofore and prior to the commencement of this action, part of the original principal sum may have been paid to apply on said indebtedness and there remains due the amount set forth in Schedule "C". Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be compelled during the pendency of this action, local taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff 12-022762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/29/2023 requests that any sums thus paid by it for said purposes (together with interests thereon) should be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be determined by the Court. Eleventh: 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, or is otherwise subordinate to, the lien of plaintiffs mortgage. Twelfth: There are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage and there is no other action pending which has been brought to recover said mortgage debt or any part thereof. Thirtnenth: The Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of this Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. Fourteenth: By reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late charges, and interest, the amount of which will be determined by the Court. Fifteenth: The mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such 12-022762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/29/2023 election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid and cured. Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a result of this action will be used for that purpose. EiÆteenth: If the subject note and mortgage fall within the prescribed definition of a subprime home loan or high-cost home loan as identified under section six-l or six-m of the New York State Banking Law, then Plaintiff has complied with all the provisions of section five-hundred ninety-five of the New York State Banking Law and any rules and regulations promulgated thereunder, section six-I or six-m of the New York State Banking Law and section thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL). Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, if applicable. WHEREFORE, plaintiff demands judgment: (a) Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs, and reasonable attorney's fees, if and as provided for in the said mortgage; (b) That the defendants and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of redemption in and to said mortgaged premises; 12-022762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/29/2023 (c) That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; (d) That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts then due on said bond/note and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiffs mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in the mortgage, rider or other agreement, so far as the amount of such money properly applicable thereto will pay the same; (e) That either or any of the parties to this action may become a purchaser upon such sale; (f) That this Court forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; (g) That the defendant(s), Cheryl DiBenedetti, unless discharged in bankruptcy may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto; 12-022762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/29/2023 That h) the@nked States orAmenca stia&have the dghf redeniptio appneaNe; GE anhe such yiber plaiditÆgý havt effùñherr Ѿÿ bb4fn thepkenliéú may to jtispand equitable, Plaintiff reserves its epht tÿ shne epetifically itany sunlus asales horn@e ad7ing sa e of subjep(preadses vinde prits positi by a as a udgmentgothernon ereditor 4xcluding the mortgage being foreclosed herein. DateÆ Februst IA 2¼l4 Karl E. k61km(nn, Esq. SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 250 Mile Boulevard Crossing Suite One RochesterøV M624 (585)24%9000 Ow Tile Nod22022761 12422762 FILED: SUFFOLK COUNTY CLERK 10/29/2023 03:53 PM INDEX NO. 601401/2023 NYSCEF DOC. NYSCEF NO. 61 DOC. RECEIVED NYSCEF: 10/29/2023 NO. 171 RECEIVED NYSCEF: 09/14/2022 STATE OF NEW YORK SUPREME COURT SUFFOLK COUNTY - PART 70 HSBC BANK USA, NATIONAL MOT SEQ 005 MG; CASEDISP ASSOCIATION, ás tastee for WeRs Fargo Asset Securities Carporation, Mortgage Asset Index Number 061153/2014 Backed Pass4Through Certificates Series 2007-PA2, Hon Paul M Hensley, AJSC Plaintiff(s), Short Form Order -against- Oranting Summary Judgment on Defauk in Opposition to the Motion DENIS DIBENEDETTI, CHERYL DIBENBDETTI, WELLS FARGO BANK, NgA,, NEW YORK STAtE DEPARTMENT OF TAXATION AND FINANCE, Defendant(s) Upon esfiled documents 146-161 defendants' read and considered on defendants' motion (005) to renew prior motion (003) for summary judgment and/or for judgment the complaint summary dismissing based on plaintifPs failure to cornpfy with RPAPL section 13043 it is hereby ORDERED that the defendants' motion (005) for judgment treated summary be, and it hereby is, asincluding an application for the defendants to make a second in the summary judgment motion same action; and it is further ORDERED that as a matter of the defendants' discretion, application to make a successive summary judgment motion be, and it is hereby is, GRANTED; and it is further ORDERED defendants' that motion (005) for judgment summary be, and h ORANTED; and it is further hereby is, ORDERED that the complaint be d it hereby is, dismissed. .. This is a residential mortgage foreciosure action in which judgment. plaintiff moved for The summary previously assignedjusticeof the supreme court denied that motion On motion to renew, the supreme plaintifPs court granted leave providently to renew but erred adhere to the original when it did not denial (fEBC Bank USA N.A. v hthènedetti, 205 AD34 687, 168 NYS3d 502 [2d Dept 2022]k Later in this action, plaintiff moved for. and obtained, foreclosure and sale a judgment of when plaintiff's motion to renew was pending, defendants moved for alleging and arguing summary indgment among other things, that plaintiffs failed to comply with real property actions 1 of 3 FILED: INDEX NO. 601401/2023 pr A Lsu SUFFOLK a n nuns COUNTY CLERK 10/29/2023 03:53 PM : Uvurtn ULsm v y / l e / z U z z v 4 : :3.3 NYSCEF DOC.DOC. NO. NO. 61 ran RECEIVED NYSCEF: 10/29/2023 NYSCEF 171 RECEIVED NYSCEF: 09/14/2022 0$1153/2014 $horrFonn Order Granting Judgatem en Derankin Summary Opposing Metion 1¾ge 2 and proceedings law section 1304 Because defendants motion was not to be treated timeW as a cross motion to plaintiff's motion for leave to renew, the assigned justice previously decided the motions separately with beginning granting plaintif s motion for leave to renew, which was grantedømd upon renewaL the prior court granted plaintiff summary judgment. s motion Plaintiff for leave to renew been having already decided in plaintiff s favor, the court defendants'