Preview
INDEX NO. E2023004004
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3644017
Book Page CIVIL
Return To: No. Pages: 6
ESTHER S. GABRIEL
333 W. Washington Street Instrument: EXHIBIT(S)
Suite 200
Syracuse, NY 13202 Control #: 202311200776
Index #: E2023004004
Date: 11/20/2023
ESL Federal Credit Union Time: 12:44:50 PM
Shufelt, Eileen M.
John Doe and/or Mary Roe
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MI
INDEX HOE 222023001004
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023
EXHIBIT “WM”
FYEEBS’ MONROE COUNTY CLERK 11/20/2023 11:39 AM INDEEXNG E 2823003000004
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE
ESL Federal Credit Union,
Index No. E2023004004
Plaintiff
PLAINTIFF’S AFFIDAVIT OF
Vv.
MERIT & AMOUNT DUE
Eileen M. Shufelt aka Eileen M. Shufet; “John
Doe”
and/or “Mary Doe”,
Defendants.
STATE OF NEW YORK
COUNTY OF MONROE
)
) SS.
Michelle Jones, being duly sworn, deposes and says:
1 I am Supervisor of Loan Payment Solutions of ESL Federal Credit Union
(‘Plaintiff’), the plaintiff in the above-entitled
action for foreclosure.
2 I make this Affidavit in further support of Plaintiffs
Motion for a Default Judgment
and Order of Reference.
3 In my position as Supervisor of Loan Payment
Solutions, I am responsible for
managing all aspects of default related services
in connection with residential mortgages.
4 I am personally familiar with the record-keeping practices and procedures of
Plaintiff.
5 In the regular course of my job functions, I am famil
iar with business records
maintained by Plaintiff in connection with the
servicing of mortgage loans and I have personal
knowledge concerning the Preparation, maintenance
and retrieval of business records maintained
in Plaintiffs record keeping systems. These
records (which include data compilations,
electronically imaged documents, and others)
are: (a) made at or near the time of the occurrence
HARRIS BEACH #
ATTORNEYS Ar LAW
FLEES’ MONROE COUNTY CLERK 1172072023 11:39 AM INDEEXNG E 2823003000004
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023
of the matters set forth by, or from information provided by, persons with knowledge of the activity
and transactions reflected in such records; and (b) kept as a regular practice and in the ordinary
course of business conducted by Plaintiff. It is the regular practice of Plaintiff to make such
records. To the extent records related to the loan at issue in this proceeding (the “Loan”) come
from another entity, those records were received by Plaintiff in the ordinary course of its business,
have been incorporated into and maintained as part of Plaintiff's business records, and have been
routinely relied on by Plaintiff. In connection with making this Affidavit, I have reviewed and
relied on Plaintiff's business records concerning the Loan to Defendant Bileen M. Shufelt aka
Eileen M. Shufet (“Defendant”).
6. That your deponent has reviewed the Summons and Complaint filed April 19, 2023,
and hereby verifies the truth of the allegations contained therein; that the same is true to deponent's
own knowledge, except as to the matter therein stated to be alleged upon information and belief
and as to those matters deponent believes it to be true. The source of your deponent's knowledge
and information is from corporate records and accounts.
7 The mortgage which is the subject of this foreclosure action is a “home loan” as
defined by Section 1304 of Real Property Actions and Proceedings Law, as the Defendant, Eileen
M. Shufelt aka Eileen M. Shufet is a natural person, the debt was incurred by the Defendant, Eileen
M. Shufelt aka Eileen M. Shufet, primarily for personal, family or household purposes, the
mortgage is secured by real estate improved by a one to four family dwelling, and upon information
and belief, the mortgage premises is presently occupied by the Defendant, Eileen M. Shufelt aka
Eileen M. Shufet, and the property is located within New York State.
8 At the time of the default of the mortgage loan, the last known address on file with
Plaintiff for the defendant/mortgagor Eileen M. Shufelt aka Eileen M. Shufet, was the mortgage
d
HARRIS BEACH #
ATTORNEYS AT LAW
FLEES’ MONROE COUNTY CLERK 1172072023 11:39 AM INDEEXNG E 2823003000004
j NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023
1
i
premises. Therefore, the 90 day pre-foreclosure notice required by Section 1304 of Real Property
Actions and Proceeding Law as amended by Chapter 507 of the Laws of 2009, was mailed
to
Defendant by regular first class mail and by certified mail, return receipt requested on June 16,
2022, to the mortgaged premises (see Exhibit “1” attached hereto and made a part hereof).
9. Thereafter, the requisite filing with the New York Department of Financial Services
was completed on June 17, 2022 (see Exhibit “2” attached hereto and made a part hereof).
10. The loan type is conventional.
11. The mortgage which is the subject of this foreclosure action is not a “high cost
home loan ye
, ‘subprime home loan” or “non-traditional home loan” as defined by Section 1304
of Real Property Actions and Proceedings Law and Section 6-1 and 6-m of the Banking Law.
12. Upon information and belief, the entire sum of $72,850.81, is now due and owing
to the Plaintiff under the Note and Mortgage.
13, That no payment or payments in reduction of or on account of said principal sum,
interest, late charges, taxes, insurance, or Property preservation advanced and paid to Plaintiff since
the commencement of this action; that no payment has been received on the Mortgage since the
payment of the installment of principal and interest due for April 15, 2022; that the amounts shown
to be due as set forth below are justly due and owing under the terms and conditions of
the Note
and Mortgage aforesaid.
Unpaid Principal Balance $30,670.97
Interest from 04/15/2022 through
09/12/2023 at the rate of 8.39% per annum $ 3,402.46
Late Charges $ 164.10
Other Fees (inspections) $ 685.00
Property Tax Advance: $37,928.28
Total $72,850.81
HARRIS BEACH 3
ATTORNEYS AT LAW
INDEEXNG E 2823003000004
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023
14. That Defendant, defaulted by failing to pay the installment of principal and interest
due for May 15, 2022, and interest is due from April 15, 2022.
15. That the sources of my information and belief are the records of Plaintiff.
16. That the premises consist of a single family dwelling and cannot be sold in parcels.
The interests of all the parties would be best served by a sale of the mortgaged premises in one
parcel.
ESL Federal Credit Union
By: We ‘owe
Michelle Jones
Supervisor of Loan Payment Solutions
STATE OF NEW YORK ) SS.:
COUNTY OF MONROE )
On the 3I day of October in the year 2023, before me, the undersigned,
personally appeared Michelle Jones, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity, and that by his signature on the instrument, the person or individual upon
behalf of which the individual acted, executed the instrument.
Vand)
x Co
Notary Public qT
KENDRA N CARGILL
Notary Public, State of New York
Reg. No. 01CA6294274
Qualified in Monroe County _—
Commission Expires Dec. 16, 20,
HARRIS BEACH 2
ATTORNEYS At LAW
Preview
INDEX NO. E2023004004 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3644017 Book Page CIVIL Return To: No. Pages: 6 ESTHER S. GABRIEL 333 W. Washington Street Instrument: EXHIBIT(S) Suite 200 Syracuse, NY 13202 Control #: 202311200776 Index #: E2023004004 Date: 11/20/2023 ESL Federal Credit Union Time: 12:44:50 PM Shufelt, Eileen M. John Doe and/or Mary Roe Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MI INDEX HOE 222023001004 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023 EXHIBIT “WM” FYEEBS’ MONROE COUNTY CLERK 11/20/2023 11:39 AM INDEEXNG E 2823003000004 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE ESL Federal Credit Union, Index No. E2023004004 Plaintiff PLAINTIFF’S AFFIDAVIT OF Vv. MERIT & AMOUNT DUE Eileen M. Shufelt aka Eileen M. Shufet; “John Doe” and/or “Mary Doe”, Defendants. STATE OF NEW YORK COUNTY OF MONROE ) ) SS. Michelle Jones, being duly sworn, deposes and says: 1 I am Supervisor of Loan Payment Solutions of ESL Federal Credit Union (‘Plaintiff’), the plaintiff in the above-entitled action for foreclosure. 2 I make this Affidavit in further support of Plaintiffs Motion for a Default Judgment and Order of Reference. 3 In my position as Supervisor of Loan Payment Solutions, I am responsible for managing all aspects of default related services in connection with residential mortgages. 4 I am personally familiar with the record-keeping practices and procedures of Plaintiff. 5 In the regular course of my job functions, I am famil iar with business records maintained by Plaintiff in connection with the servicing of mortgage loans and I have personal knowledge concerning the Preparation, maintenance and retrieval of business records maintained in Plaintiffs record keeping systems. These records (which include data compilations, electronically imaged documents, and others) are: (a) made at or near the time of the occurrence HARRIS BEACH # ATTORNEYS Ar LAW FLEES’ MONROE COUNTY CLERK 1172072023 11:39 AM INDEEXNG E 2823003000004 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023 of the matters set forth by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records; and (b) kept as a regular practice and in the ordinary course of business conducted by Plaintiff. It is the regular practice of Plaintiff to make such records. To the extent records related to the loan at issue in this proceeding (the “Loan”) come from another entity, those records were received by Plaintiff in the ordinary course of its business, have been incorporated into and maintained as part of Plaintiff's business records, and have been routinely relied on by Plaintiff. In connection with making this Affidavit, I have reviewed and relied on Plaintiff's business records concerning the Loan to Defendant Bileen M. Shufelt aka Eileen M. Shufet (“Defendant”). 6. That your deponent has reviewed the Summons and Complaint filed April 19, 2023, and hereby verifies the truth of the allegations contained therein; that the same is true to deponent's own knowledge, except as to the matter therein stated to be alleged upon information and belief and as to those matters deponent believes it to be true. The source of your deponent's knowledge and information is from corporate records and accounts. 7 The mortgage which is the subject of this foreclosure action is a “home loan” as defined by Section 1304 of Real Property Actions and Proceedings Law, as the Defendant, Eileen M. Shufelt aka Eileen M. Shufet is a natural person, the debt was incurred by the Defendant, Eileen M. Shufelt aka Eileen M. Shufet, primarily for personal, family or household purposes, the mortgage is secured by real estate improved by a one to four family dwelling, and upon information and belief, the mortgage premises is presently occupied by the Defendant, Eileen M. Shufelt aka Eileen M. Shufet, and the property is located within New York State. 8 At the time of the default of the mortgage loan, the last known address on file with Plaintiff for the defendant/mortgagor Eileen M. Shufelt aka Eileen M. Shufet, was the mortgage d HARRIS BEACH # ATTORNEYS AT LAW FLEES’ MONROE COUNTY CLERK 1172072023 11:39 AM INDEEXNG E 2823003000004 j NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023 1 i premises. Therefore, the 90 day pre-foreclosure notice required by Section 1304 of Real Property Actions and Proceeding Law as amended by Chapter 507 of the Laws of 2009, was mailed to Defendant by regular first class mail and by certified mail, return receipt requested on June 16, 2022, to the mortgaged premises (see Exhibit “1” attached hereto and made a part hereof). 9. Thereafter, the requisite filing with the New York Department of Financial Services was completed on June 17, 2022 (see Exhibit “2” attached hereto and made a part hereof). 10. The loan type is conventional. 11. The mortgage which is the subject of this foreclosure action is not a “high cost home loan ye , ‘subprime home loan” or “non-traditional home loan” as defined by Section 1304 of Real Property Actions and Proceedings Law and Section 6-1 and 6-m of the Banking Law. 12. Upon information and belief, the entire sum of $72,850.81, is now due and owing to the Plaintiff under the Note and Mortgage. 13, That no payment or payments in reduction of or on account of said principal sum, interest, late charges, taxes, insurance, or Property preservation advanced and paid to Plaintiff since the commencement of this action; that no payment has been received on the Mortgage since the payment of the installment of principal and interest due for April 15, 2022; that the amounts shown to be due as set forth below are justly due and owing under the terms and conditions of the Note and Mortgage aforesaid. Unpaid Principal Balance $30,670.97 Interest from 04/15/2022 through 09/12/2023 at the rate of 8.39% per annum $ 3,402.46 Late Charges $ 164.10 Other Fees (inspections) $ 685.00 Property Tax Advance: $37,928.28 Total $72,850.81 HARRIS BEACH 3 ATTORNEYS AT LAW INDEEXNG E 2823003000004 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/20/2023 14. That Defendant, defaulted by failing to pay the installment of principal and interest due for May 15, 2022, and interest is due from April 15, 2022. 15. That the sources of my information and belief are the records of Plaintiff. 16. That the premises consist of a single family dwelling and cannot be sold in parcels. The interests of all the parties would be best served by a sale of the mortgaged premises in one parcel. ESL Federal Credit Union By: We ‘owe Michelle Jones Supervisor of Loan Payment Solutions STATE OF NEW YORK ) SS.: COUNTY OF MONROE ) On the 3I day of October in the year 2023, before me, the undersigned, personally appeared Michelle Jones, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or individual upon behalf of which the individual acted, executed the instrument. Vand) x Co Notary Public qT KENDRA N CARGILL Notary Public, State of New York Reg. No. 01CA6294274 Qualified in Monroe County _— Commission Expires Dec. 16, 20, HARRIS BEACH 2 ATTORNEYS At LAW