Preview
FILED: NASSAU COUNTY CLERK 12/21/2023
04/26/2023 10:53
11:42 AM INDEX NO. 606687/2023
NYSCEF DOC. NO. 33
1 RECEIVED NYSCEF: 12/21/2023
04/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PNC BANK, NATIONAL ASSOCIATION SUMMONS
Plaintiff,
vs
MORTGAGED PREMISES:
KEVIN VALENTINE, JAMISE VALENTINE, 106 Munro Boulevard
CACH, LLC, BABBAR AND ASSOCIATES Valley Stream, NY 11581
P.C., HOUSEHOLD FINANCE REALTY
CORPORATION OF NEW YORK
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
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TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and
to serve a copy of your Answer on the Plaintiff's attorney 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 personal 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 Complaint.
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 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.
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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.
Nassau County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
DATED: April 10, 2023
/s/ Ashley M Pascuzzi
By: Ashley M Pascuzzi, Esq.
Attorney for Plaintiff
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Telephone: 716-204-1700
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PNC BANK, NATIONAL ASSOCIATION COMPLAINT
Plaintiff,
vs
MORTGAGED PREMISES:
KEVIN VALENTINE, JAMISE VALENTINE, 106 Munro Boulevard
CACH, LLC, BABBAR AND ASSOCIATES Valley Stream, NY 11581
P.C., HOUSEHOLD FINANCE REALTY
CORPORATION OF NEW YORK
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
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The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s)
alleges upon information and belief as follows:
1. Plaintiff, PNC Bank, National Association is a national association organized and
existing under the laws of the United States of America and the holder of the subject note and
mortgage with delegated authority to institute this mortgage foreclosure action by the owner of
the subject note and mortgage and has the right to foreclose. Attached here as Schedule A is a
copy of the original note.
2. On or about November 25, 2003, Kevin Valentine and Jamise Valentine executed
and delivered a note whereby Kevin Valentine and Jamise Valentine promised to pay the sum of
$300,600.00 plus interest on the unpaid amount due. The terms of the note were further
modified.
3. As security for the payment of the note Kevin Valentine and Jamise Valentine duly
executed and delivered a mortgage, in the amount of $300,600.00 which was recorded as
follows.
Recording Date: December 15, 2003
Book 25589/Page 385
Office of the Nassau County Clerk
The mortgage was subsequently assigned to PNC Bank, National Association.
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Said Mortgage was subsequently modified by a Loan Modification Agreement executed
by Kevin Valentine and Jamise Valentine on April 21, 2015 and recorded September 21, 2015 in
Book 40724, Page 938 in the Office of the Nassau County Clerk.
Said Mortgage was subsequently modified by a Loan Modification Agreement executed
by Kevin Valentine and Jamise Valentine on August 31, 2017 and recorded October 6, 2017 in
Book 42425, Page 175 in the Office of the Nassau County Clerk.
4. The mortgaged property is known as 106 Munro Boulevard, Valley Stream, NY
11581. The tax map designation is Section 39 Block 58 Lot 4. Plaintiff is foreclosing the land,
buildings, and other improvements located on the property. The property is more fully described
in Schedule B attached to this complaint.
5. Kevin Valentine and Jamise Valentine failed to comply with the conditions of the
note and mortgage by not making the payment that was due on December 1, 2017 and
subsequent payments.
6. There is now due and owing on the note and mortgage the following amounts:
Principal Balance: $257,406.66
Interest Rate: 6.275%
Date Interest Accrues from: November 1, 2017
There is now further due and owing on said mortgage the following deferred amount:
Deferred Balance: $67,831.21
Interest Rate: 0%
Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing,
inspections, posting of notices, maintenance and preservation of the property.
7. In order to protect the value of the property and its rights in the property, the Plaintiff
may have to pay additional taxes, assessments, water charges, insurance premiums and other
charges and the costs, allowances, expenses of sale, and reasonable attorney's fees for the
foreclosure. Plaintiff requests that any amount it pays, together with interest, be included in the
total amount due.
8. The defendant(s) may have an interest encumbering the property, which is either
subordinate to Plaintiff's mortgage, or paid in full, equitably subordinated, or adverse to
Plaintiff's mortgage. The interest of each defendant is set forth in "Schedule C" of this complaint.
9. The interest or lien of the United States of America, the State, City or local
government entity is set forth in "Schedule D" of this complaint.
10. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and
Proceedings Law and with all provisions of section 595-a of the Banking Law and any rules or
regulations promulgated there under, and, if applicable, sections 6-l or 6-m of the Banking law.
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11. A prior action was brought to recover part of the mortgage debt and was terminated.
WHEREFORE, PLAINTIFF DEMANDS:
a. Judgment accelerating the maturity of the debt and determining the amount due
Plaintiff for principal, interest, late charges, taxes, assessments, insurance,
maintenance and preservation of the property and other similar charges, together
with costs, allowances, expenses of sale, reasonable attorney's fees, all with
interest, pursuant to the terms of the Note and Mortgage.
b. That the property be sold at auction to the highest bidder in accordance with the
referee's terms of sale.
c. That the interest of the defendant(s) and all persons claiming by or through them
be foreclosed and their title, right, claim, lien, interest or equity of redemption to
the property be forever extinguished.
d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal,
interest, late charges, taxes, assessments, insurance, securing, inspections, posting
of notices, maintenance and preservation of the property, and other similar
charges, together with court costs, allowances, expenses of sale, and reasonable
attorney's fees, all with interest.
e. That the property be sold in as is condition and subject to the facts an inspection
or accurate survey of the property would disclose, covenants, restrictions,
easements and public utility agreements of record, building and zoning ordinances
and violations, and the equity of redemption of the United States of America.
f. That Plaintiff may purchase the property at the sale.
g. That a receiver be appointed for the property, if requested by Plaintiff.
h. That a deficiency judgment against Kevin Valentine and Jamise Valentine, to the
extent allowable by law, for the amount that remains due after distribution of the
sale proceeds, unless the debt was discharged in a bankruptcy or is otherwise
uncollectable, be granted if requested by Plaintiff.
i. That if the Plaintiff possesses other liens against the property, they not merge with
the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be
allowed to share in any surplus proceeds resulting from the sale.
j. That the Court award Plaintiff additional relief that is just, equitable and proper.
DATED: April 10, 2023
/s/ Ashley M Pascuzzi
By: Ashley M Pascuzzi, Esq.
Attorney for Plaintiff
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Telephone: 716-204-1700
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Schedule A
Attached here as Schedule A is a copy of the original note. If applicable, certain non-public
personal information has been redacted from the attached document.
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NOTE
November 25 , 2003 SYOSSET NEW YORK
[Date] [City]
106 MUNRO BLVD, VALLEY STREAM, New Yark 11581
[Property Address]
1. BORROWER'S PROMISE TO PAY
'
In return for a loan that I have received, I promise t pay U.S.$ 300, 600. 00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The I.ander is
NATIONAL CITY MORTGAGE CO
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. the Lender or anyone who takes this Note by transfer and who is entitled
Holder."
to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 6. 275 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on January 1st 2004 . I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If, on December 1 2033 , I still owe amounts under this Note, I will pay those amounts in full on
Date.'
that date, which is called the "Maturity
I will make my monthly payments at National City Mortgage Co.,
P O Box 17677, , Baltimore, M ) 21297-1677 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amcant of U.S.$ 1, 855.74 .
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Irincipal at any time before they are due. A payment of Principal only is known as a
"Prepayment."
When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment
as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
NEW YORK FIXED RATE NOTE-Single Family- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
-5N(NY) (o005) Form 32331/01
VMPMORTGAGE FORMS- (800)521-7291
Page1 of 3 initials:
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5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2 . 00 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default .
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder
may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
attorneys'
expenses include, for example, reasonable fees.
7. GIVING OF NOTICES
Unless law requires a different
applicable method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full Any amount owed. person who is a guarantor, surety or endorser of this Note is also
obligated to do these Any person who takes over these obligations,
things. including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" Dishonor"
means the right to require the Note Holder to demand payment of amounts due. "Notice of means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
Form 323 1/0
-5N(NY) (0005) Page2 of 3 nmals:
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10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any
part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written
permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without
Lender's prior written Lender also may require immediate
permission, payment in full. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender requires immediate payment in full under this Section 18, Lender will give me a notice which
states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period
will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument.
If I do not make the required payment during that period, Lender may act to enforce its rights under this Security
Instrument without giving me any further notice or demand for payment.
WITNESS TH HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
K IN INE -Borrower ISE VALENTINE -Borrower
(Seal) (Seal)
-Bonower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
to the order of
Pay
without recourse in any event
TY MORTGAGE CO. [Sign Original
NATIONAL OnlyJ
BY: .
Victor Johnson elivery Scecialist
-5N(NY) (o005) Pagea of a Form 3233 1/01
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Schedule B – Legal Description
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS
AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE
INCORPORATED VILLAGE OF VALLEY STREAM, TOWN OF HEMPSTEAD, IN THE
COUNTY OF NASSAU, STATE OF NEW YORK, KNOWN AS AND BY THE LOT NO. 4 IN
BLOCK 20 SHOWN ON A CERTAIN MAP ENTITLED, "SECTION 3, MAP NO. 10 OF
PROPERTY OF THE GIBSON CORPORATION" FILED IN THE OFFICE OF THE CLERK
OF THE COUNTY OF NASSAU ON 8/13/1928, UNDER FILE NO. 949, CASE NO. 2680
AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF MUNRO BOULEVARD,
DISTANT 130 FEET EASTERLY FROM THE CORNER FORMED BY THE
INTERSECTION OF THE SOUTHERLY SIDE OF MUNRO BOULEVARD AND THE
EASTERLY SIDE OF LOCUST BOULEVARD;
RUNNING THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF MUNRO
BOULEVARD, 40 FEET;
THENCE SOUTHERLY AT RIGHT ANGLES TO MUNRO BOULEVARD, 100 FEET;
THENCE WESTERLY AND PARALLEL WITH MUNRO BOULEVARD, 40 FEET;
THENCE NORTHERLY AND AGAIN AT RIGHT ANGLES TO MUNRO BOULEVARD,
100 FEET TO THE SOUTHERLY SIDE OF MUNRO BOULEVARD AT THE POINT OR
PLACE OF BEGINNING.
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Schedule C – Defendants
Kevin Valentine Borrower
Jamise Valentine Borrower
Cach, LLC Holder of a judgment(s)
Babbar And Associates P.C. Holder of a judgment(s)
Household Finance Realty Corporation of New Holder of a mortgage.
York
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Schedule D – Defendants
NONE
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PNC BANK, NATIONAL ASSOCIATION
Plaintiff,
vs.
KEVIN VALENTINE AND JAMISE
VALENTINE et al.
Defendants.
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SUMMONS AND COMPLAINT
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GROSS POLOWY, LLC
Attorney for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
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Preview
FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------X PNC BANK, NATIONAL ASSOCIATION SUMMONS Plaintiff, vs MORTGAGED PREMISES: KEVIN VALENTINE, JAMISE VALENTINE, 106 Munro Boulevard CACH, LLC, BABBAR AND ASSOCIATES Valley Stream, NY 11581 P.C., HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve a copy of your Answer on the Plaintiff's attorney 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 personal 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 Complaint. 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 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. 1 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 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. Nassau County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. DATED: April 10, 2023 /s/ Ashley M Pascuzzi By: Ashley M Pascuzzi, Esq. Attorney for Plaintiff Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Telephone: 716-204-1700 2 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------X PNC BANK, NATIONAL ASSOCIATION COMPLAINT Plaintiff, vs MORTGAGED PREMISES: KEVIN VALENTINE, JAMISE VALENTINE, 106 Munro Boulevard CACH, LLC, BABBAR AND ASSOCIATES Valley Stream, NY 11581 P.C., HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s) alleges upon information and belief as follows: 1. Plaintiff, PNC Bank, National Association is a national association organized and existing under the laws of the United States of America and the holder of the subject note and mortgage with delegated authority to institute this mortgage foreclosure action by the owner of the subject note and mortgage and has the right to foreclose. Attached here as Schedule A is a copy of the original note. 2. On or about November 25, 2003, Kevin Valentine and Jamise Valentine executed and delivered a note whereby Kevin Valentine and Jamise Valentine promised to pay the sum of $300,600.00 plus interest on the unpaid amount due. The terms of the note were further modified. 3. As security for the payment of the note Kevin Valentine and Jamise Valentine duly executed and delivered a mortgage, in the amount of $300,600.00 which was recorded as follows. Recording Date: December 15, 2003 Book 25589/Page 385 Office of the Nassau County Clerk The mortgage was subsequently assigned to PNC Bank, National Association. 3 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 Said Mortgage was subsequently modified by a Loan Modification Agreement executed by Kevin Valentine and Jamise Valentine on April 21, 2015 and recorded September 21, 2015 in Book 40724, Page 938 in the Office of the Nassau County Clerk. Said Mortgage was subsequently modified by a Loan Modification Agreement executed by Kevin Valentine and Jamise Valentine on August 31, 2017 and recorded October 6, 2017 in Book 42425, Page 175 in the Office of the Nassau County Clerk. 4. The mortgaged property is known as 106 Munro Boulevard, Valley Stream, NY 11581. The tax map designation is Section 39 Block 58 Lot 4. Plaintiff is foreclosing the land, buildings, and other improvements located on the property. The property is more fully described in Schedule B attached to this complaint. 5. Kevin Valentine and Jamise Valentine failed to comply with the conditions of the note and mortgage by not making the payment that was due on December 1, 2017 and subsequent payments. 6. There is now due and owing on the note and mortgage the following amounts: Principal Balance: $257,406.66 Interest Rate: 6.275% Date Interest Accrues from: November 1, 2017 There is now further due and owing on said mortgage the following deferred amount: Deferred Balance: $67,831.21 Interest Rate: 0% Together with accrued late charges, monies advanced for taxes, assessments, insurance, securing, inspections, posting of notices, maintenance and preservation of the property. 7. In order to protect the value of the property and its rights in the property, the Plaintiff may have to pay additional taxes, assessments, water charges, insurance premiums and other charges and the costs, allowances, expenses of sale, and reasonable attorney's fees for the foreclosure. Plaintiff requests that any amount it pays, together with interest, be included in the total amount due. 8. The defendant(s) may have an interest encumbering the property, which is either subordinate to Plaintiff's mortgage, or paid in full, equitably subordinated, or adverse to Plaintiff's mortgage. The interest of each defendant is set forth in "Schedule C" of this complaint. 9. The interest or lien of the United States of America, the State, City or local government entity is set forth in "Schedule D" of this complaint. 10. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and Proceedings Law and with all provisions of section 595-a of the Banking Law and any rules or regulations promulgated there under, and, if applicable, sections 6-l or 6-m of the Banking law. 4 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 11. A prior action was brought to recover part of the mortgage debt and was terminated. WHEREFORE, PLAINTIFF DEMANDS: a. Judgment accelerating the maturity of the debt and determining the amount due Plaintiff for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest, pursuant to the terms of the Note and Mortgage. b. That the property be sold at auction to the highest bidder in accordance with the referee's terms of sale. c. That the interest of the defendant(s) and all persons claiming by or through them be foreclosed and their title, right, claim, lien, interest or equity of redemption to the property be forever extinguished. d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal, interest, late charges, taxes, assessments, insurance, securing, inspections, posting of notices, maintenance and preservation of the property, and other similar charges, together with court costs, allowances, expenses of sale, and reasonable attorney's fees, all with interest. e. That the property be sold in as is condition and subject to the facts an inspection or accurate survey of the property would disclose, covenants, restrictions, easements and public utility agreements of record, building and zoning ordinances and violations, and the equity of redemption of the United States of America. f. That Plaintiff may purchase the property at the sale. g. That a receiver be appointed for the property, if requested by Plaintiff. h. That a deficiency judgment against Kevin Valentine and Jamise Valentine, to the extent allowable by law, for the amount that remains due after distribution of the sale proceeds, unless the debt was discharged in a bankruptcy or is otherwise uncollectable, be granted if requested by Plaintiff. i. That if the Plaintiff possesses other liens against the property, they not merge with the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be allowed to share in any surplus proceeds resulting from the sale. j. That the Court award Plaintiff additional relief that is just, equitable and proper. DATED: April 10, 2023 /s/ Ashley M Pascuzzi By: Ashley M Pascuzzi, Esq. Attorney for Plaintiff Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Telephone: 716-204-1700 5 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 Schedule A Attached here as Schedule A is a copy of the original note. If applicable, certain non-public personal information has been redacted from the attached document. 6 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 NOTE November 25 , 2003 SYOSSET NEW YORK [Date] [City] 106 MUNRO BLVD, VALLEY STREAM, New Yark 11581 [Property Address] 1. BORROWER'S PROMISE TO PAY ' In return for a loan that I have received, I promise t pay U.S.$ 300, 600. 00 (this amount is called "Principal"), plus interest, to the order of the Lender. The I.ander is NATIONAL CITY MORTGAGE CO I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. the Lender or anyone who takes this Note by transfer and who is entitled Holder." to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6. 275 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on January 1st 2004 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on December 1 2033 , I still owe amounts under this Note, I will pay those amounts in full on Date.' that date, which is called the "Maturity I will make my monthly payments at National City Mortgage Co., P O Box 17677, , Baltimore, M ) 21297-1677 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amcant of U.S.$ 1, 855.74 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Irincipal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. NEW YORK FIXED RATE NOTE-Single Family- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT -5N(NY) (o005) Form 32331/01 VMPMORTGAGE FORMS- (800)521-7291 Page1 of 3 initials: 7 of 13 . FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2 . 00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default . If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those attorneys' expenses include, for example, reasonable fees. 7. GIVING OF NOTICES Unless law requires a different applicable method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full Any amount owed. person who is a guarantor, surety or endorser of this Note is also obligated to do these Any person who takes over these obligations, things. including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" Dishonor" means the right to require the Note Holder to demand payment of amounts due. "Notice of means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 323 1/0 -5N(NY) (0005) Page2 of 3 nmals: 8 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's prior written Lender also may require immediate permission, payment in full. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender requires immediate payment in full under this Section 18, Lender will give me a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Lender may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. WITNESS TH HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) K IN INE -Borrower ISE VALENTINE -Borrower (Seal) (Seal) -Bonower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower to the order of Pay without recourse in any event TY MORTGAGE CO. [Sign Original NATIONAL OnlyJ BY: . Victor Johnson elivery Scecialist -5N(NY) (o005) Pagea of a Form 3233 1/01 9 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 Schedule B – Legal Description ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE INCORPORATED VILLAGE OF VALLEY STREAM, TOWN OF HEMPSTEAD, IN THE COUNTY OF NASSAU, STATE OF NEW YORK, KNOWN AS AND BY THE LOT NO. 4 IN BLOCK 20 SHOWN ON A CERTAIN MAP ENTITLED, "SECTION 3, MAP NO. 10 OF PROPERTY OF THE GIBSON CORPORATION" FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF NASSAU ON 8/13/1928, UNDER FILE NO. 949, CASE NO. 2680 AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF MUNRO BOULEVARD, DISTANT 130 FEET EASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF MUNRO BOULEVARD AND THE EASTERLY SIDE OF LOCUST BOULEVARD; RUNNING THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF MUNRO BOULEVARD, 40 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO MUNRO BOULEVARD, 100 FEET; THENCE WESTERLY AND PARALLEL WITH MUNRO BOULEVARD, 40 FEET; THENCE NORTHERLY AND AGAIN AT RIGHT ANGLES TO MUNRO BOULEVARD, 100 FEET TO THE SOUTHERLY SIDE OF MUNRO BOULEVARD AT THE POINT OR PLACE OF BEGINNING. 10 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 Schedule C – Defendants Kevin Valentine Borrower Jamise Valentine Borrower Cach, LLC Holder of a judgment(s) Babbar And Associates P.C. Holder of a judgment(s) Household Finance Realty Corporation of New Holder of a mortgage. York 11 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 Schedule D – Defendants NONE 12 of 13 FILED: NASSAU COUNTY CLERK 12/21/2023 04/26/2023 10:53 11:42 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 33 1 RECEIVED NYSCEF: 12/21/2023 04/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------X PNC BANK, NATIONAL ASSOCIATION Plaintiff, vs. KEVIN VALENTINE AND JAMISE VALENTINE et al. Defendants. ----------------------------------------------------------------X SUMMONS AND COMPLAINT ----------------------------------------------------------------X GROSS POLOWY, LLC Attorney for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 13 of 13