Preview
FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/05/2023
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Exhibit
FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/05/2023
Loan N
LOAN MODIFICATION AGREEMENT
MIN:
Borrower ("I")': PERRY LEWIS
1.ander CI.ander'): JPMORSAN CHASE BANK, N.A.
Date of First netrument Che "Mortgage") and Note She "Note"): DECEMBER 11, 2008
I.can Number: "1.oan'')
Addreas·
Property TCHESTER AVE, NORTH BABYL, NEW YORK 11703 She "Property")
"MERS"
le Mortgage Electronic Regletration systems, Inc. MERS le a separain corpomtlon that Is
actlrig colely as a nuninee for Lander and 1.enderin successors and assigns. MERS is organized and
under the laws of Delaware, and has an address and telephone number of P.O. Box 202B,
exleting
FAnt, MI 48801-2028, G188) 679-MERS.
If my representations In Section 1 continue to be true in all material respects, then the provisions of
Section 2 of this 1.oan ModlAcation Agreement CAgreement") wIA, as set forth in 8ection 2, amend and
supplernent @ the Mortgage on the Property, and (10 the Nois secured by the Mortgage.
The Moltgage and Note together, as may previously have been amended, are referred to as the "1.oan
Documents."
Capnalized terms used in this Agreement have the meaning given to them In the I.can
Documents.
I have provided conllimallon of my Anancial hardship and documents to permt ver1Acation of an of my
Income to determine whether I qualify for the oBer described In this Agreement. This Agreement will
not take eNect unless and untA the Lander tigns L
1. My Representations. I represertt to the I.ander and agree:
A. I am experiencing a Anancial hardship, and as a result, am ether In default under the I.oan
Documents or a default Is Imminent.
B. The Property 18 nother In a elate of dimepair, nor condemned.
C. There has been no change in the ownership of the Property elnce I signed the 1.oan
Documents.
D. 1 am not a party to any Aligation involving the L.oan Documenle, except to the extent I may be
a deferxiant In e foreclosure action.
E. I have provided documentation for all income that I eam,
F. All dociuments and Irformation I provide pursuant to this Agreement age true and correct.
2. The ModinceAlòn. The I.oan Documents are heretiy modNied as of PEBRUARY 01, 2012 She
"ModlAcation Effective
Date"), and an unpaid late. charges are waived. The I.ander agrees to
suspend any foreclosure activities up long as 1 comply with the terms of the Loan Documents, as
modified tly this Agreement. The I.can Docurnents will be modlAed, and the Anit modAled
payment will be due on the date eat forth in this Section 2:
brearmis-namese annower er usepear ex"mtinsel"domument, each isreheng to m "r'. For purposesarthla document wenle
signIdbing the simplar (and as 'T')"hnn feelude tbs plural (such as "ws"),nd vion wean where appropsisteL
WFtol V2 2-23-to1.OAN MODIFICATION AGREEMaNT - CHAMP ver. 01,,,o3,Jo1L11.ot38 Page 1 cr 7 pegme
FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/05/2023
Leon Number
A. The Maturity Date will be: JANUARY 01, 2037.
B. Å he modified prindpal balance of my Note will include all amounge and arrearages that will be
past due $mcluding unpaid late charges) and may Include amounte towards taxme, Insurance,
or other asseeuments. The new prindpal balance of my Note le 8874,138.01 She "New
Pdncipal Balance").
of the New Pdndpal Balance shall be deferred Ghe "Deferred Pdncipal
C. $299,189.39
and I win not Interest
monthly or make paymertleNew on thle amount. The
Balance"), pay
Principal lose the Deferred
Balance Princtlal Balance shall be referred 10 as the "Interest
Balance," The Interest Principal
Pdncipal and thlo amount 18 $274,988.82. Bearing
Bearing
Balance wig reunmorlize over 180 monthe to a remaining scheduled balance on the Maturity
Date of $449,172.99 She "BaAnon Payment"), wMch la port of the Interest Bearing Pdndpal
Balance. The Balloon Payment wlA be repaid In accordance with Section 2.D.
Interest wHI begin to accrue as of JANUARY 01, 2012. The first New monthly payment on the
New Principal Balance wlA be due on FP.BRUARY 01, 2012, and monthly on the enme date
thereafter.
of any Deferred Principal Balance And
This Section 2.C dose Not apply To the repayment
such a balance wlH be repald In accordance With Section 2.D. My payment achedule For the
modified Loan le As follows:
I promles to pay monthly payments to the foAcwing schedule with respect to the
according
Interest Bearing Pdncipal Balance.
Years Interest Intesent Monthly Payment Number of
Rate Rate Principal Begine on Monthly
Change & InteInst Paymento
Date Payment
Amount
1-6 2.000% 01/01/2012 8832.88 0201/2D12 60
8 3.000% 01101/2017 8987.37 0201/2017 12
7-25 4.000% 01/D1/2018 $1,100.1i8 02m1/2D18 228
The 1.ander wlH noRfy me of the payment amount prior to the date that the montMy payinent
on the Interest Beadng Pdncipal Balance wHI change.
if the I.can Documente provide fbr a balloon, the Balloon Amount resulHng Rom thle
ourrenny
modification be diNerent. The bencon payment of $150,003.80 win be due on the
may
date unless due endler In accordance with Section 2.D.
maturity
The Deferred Principal Balance of $200,189.39 will tie due on the maturity date unless due
earlier In accordance with Section 2.D.
wF101 V2 2.28-1c LDAN MODIFICATION AGREaMENT - CHAMP war. c1,,,c3.,jBD12.11,.ct,3e Page 2 oI7 pages
FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/05/2023
I.oun Nurnber
The above terms In this Section 2.C shaH supersede any provlelons to the contrary In the
I.can but not Hmited to prowlaions for an atgustable or step Internet rate.
Documents, Including
D. I agree to pay In ful g) the Degerred Principal Balance, N any; and 00 any other amounts etlH
owed under the Loan Documents, the Belloon Payment, as Identified within this
including
of the date I son or transfer an internet In the Property, subject to
Agreement by the earnest
Section 3.E below, the date I pay the entire Interest Bearing Principal Balance, or the Maturity
Date.
E. I wHI be In default II do not (5 pay the full amount of a monthly payment on the date R In due,
or GO comply with the terms of the Loan Documents, as modified by t'le Agreement. N a
defaut rate of interent le permHted under the current I.oan Docurnents, then In the event of
the interest that win be due on the Interest Bearing Principal Balance wlH be the rate
defaut,
eat forth in Section 2.C, and there wlH be no interest payable on the Deferred Principal
Balance, Nany.
F. If I make a partial prepayment of principal, the Lander may apply that partial prepayment
first to any remaining Dollarred Principal Balance before applying such partial prepayment to
other amounts due under this Agreement or the Loan Docuinents.
S. Additional Agreegnants. I agree to the foHowing:
A. That this Agreement shall supersede the terms of any modHication, forbearance, or
workout plan, W any, that 1 previously entered inlo with the Lander.
B. To comply, except to the extent that they thlo Agreement,
are modifiedwith anby
covenants, agreements, and requkementsDocuments of the
IncludingLoan my
agreement to make an payments
of team, Insurance premiums, aceseemenin, Impounds,
and all other payinents, tim amount of which may change periodically over the tonn of my
Loan. This Agreement does not waive future encrow requirements. If the Loan Includes
conection for tax and insurance premiums, this coHection wig continue for the IIIs of the
I.oan.
C. That the Loan Documents are composed of valid, hinding agreements, enforneable in
accordance with their terms and are hereby reaffirmed.
D. That all terms and provisions of the except
Loan as expressly
Documents, modified by
this remain In full
effect; force
nothing In thlo Agreement
ami shan be
Agreement,
understood or construed to be a satisfaction or release in whole or In part of the
obligations contained In the Loan Documenle; and that except as otherwles speoMoally
provided In, arid as expressly modified by, this Agreement, the I.ander and I wHI be bound
by, and wIH comply with, an of the terms and provialons of the I.can Documents.
E. as of the Modifloation Dete, EffecIlve
notwithstanding any clher previolon of the
That,
followe"
part of Interest In It Is
Loan Documents, I agree If all as
or any the Property.or any
sold or transferred withbut the Lander9s prior written consent, the Lander may, at He
option, require Immediate payment in full of an sums secured by the Mortgage. However,
the Lander shall not exercles this option IIfederal law prohibits the exercise of such option
as of the date of such eale or transfer. If the Lander exercises this option, the Lander
shall give me notice of acceleration. The notice shall provide a period of not less than
WF101 V2 3G3-10 LOAN MODIFloATION AGREEMENT - CHAMP ver. o1..pB.Jc12,_11_c2.3s Page 8 cr 7 pages
FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/05/2023
Loan Nutreer
or malled within which I must pay all
thirty (30) days from the date the notice le delivered
If I fall to pay these sume prior to the expletion of this
sums secured by the Mortgage.
perinined by the Mortgage without further
period, the I.ander may Irwoke any remedies
notice or demand on me.
Effective Date, a buyer or transferee of the Property wlA not be
F. That, as of the ModNication
permitted, under any circumstance, to annume the 1.onn. In any event, this Agreement
may not be amalgned to, or aneumed by, a buyer of the Property.
G. If any document is lost, mleplaced, mleelated, or inaccurately reflects the true and correct
terms and conditione of the I.can Documents as amended by thle Agreement, within ten
days after recoIpt oIthe I.ander's request, I wAl execute, acknowledge, Initial, and
(10) my
deliver to the Lander any documentation the 1.ander deeme necessary to replace or
correct the lost, mleplaced, mlestated or Inaccurate document(s). If I fall to do so, I wlH be
Ilable for any and aA lose or damage which the 1.ender reasonably sustains as a result of
my failure.
H. All payment amounls speclAed In thle Agreement aneume that paymerits wHI be made as
acheduled.
I. If the received a discharge in a Chapter 7 bankruptcy subsequent to the
Borrower(s)
execution of the 1.oan Documenlm, the Lander agrees that such Borrower(s) will not have
personal HabiHly on the debt pursuant to thle Agreement.
J. That In agreeing to the changes to the original Loan Documents as reflected In thle
Agreemers, the I.ander has ralled upon the truth and securacy aI mH aI the representatione
made by the Borrower(a), both in this Agreement and In any documentation provided by or
on behalf of the Borrower(s) In connection with thle Agreement. If the 1.ender
subsequently determines that such representatione or documentation were riot truthful or
accurate, the Lander may, at Its option, reacInd this Agreement and ruinelate the odginal
terms of the I.oan Documents as IIthisAgfeement never occurred.
K. That MERS holds only legal tRle to the Interests granted by the Borrower in the mortgage,
but, If necessary to comply with law or custom, MERS (as nominee for I.ander and
Landere successors and amalgne) has the right: to exerclee any or all of thoes Interests,
Including, but not limited to, the right to foreclose and son the Property; and to take any
action regulted of lander including, but not Ilmiled to, releasing and canceling the
mortgage I.oan.
L I acknowledge and agree that If the I.ander execunng this Agreement le not the
current holder or owner of the Note. and WIortgage, that auch party .In the authorized
agent for such holder or owner, or its successor in Internet, and has full power
servicing
and authority to bInd Itself and such holder and owner to the terms of thle modlAcation.
WFiot V2 S254DLOAN MODIFICATION AGREEMENT - CHAMP ver. D1_c3..jt012 11..c:L36 Page 4 si 7 psess
FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/05/2023
Loan Number
THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE
CONTEMPORANEQUS,
ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
(SIGNATURES CONTINUE ON FOLLOWING PAGES)
.
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FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/05/2023
Loan Number
TO BE SIGNED BY BORRCWER ONLY
TO MODIFICATION AGREEMENT BE NEEN JPMORGAN CHASE
BORROWER SIGNATURE PAGE
LQ AN NUMBE A MODIFICATION EFFEC VE DATE
BANK, N.A. And PERRY LEWIS,
OF Febmaty 01, 2D12 .
In Wliness Whereof, 1 war vs execuled this agreement.
Dete:
WF101 V2 SGB-10 LOAN MODIFICATION AGREEMENT - CHAMP var. 01-08-j101t.11.,0)_.38 Page 8 of 7 pagan
FILED: SUFFOLK COUNTY CLERK 04/05/2023 08:41 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/05/2023
Loan Number
TO BE 8IGNED BY LENDER ONLY
LENDER SIGNATURE PAGE TO MODIFICATION AGREEMENT BETNEEN JPMORGAN CHASE BANK,
N.A. And PERRY LEWIS, LOAN NtJMBE A MODIFICATION EFFECTIVE DATE OF
Febnary 01, 2012
In WIlness Whereof, the I.ander has emoculed this Agreement.
Lander
JPMORGAN CHASE BAN|Cr N.A.
- 9.--- ·Visanulin8
Date: )
Morigaga Elechanic agI Iratbn 8 , Inc.
Br.
Deas:
r22_")2.
Leslie
Murphy
Assistartt Secretary
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