Preview
FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024
SUPREME COURT
STATE OF NEW YORK COUNTY OF WARREN
CITIZENS BANK, N.A.,
SMONS
Plaintiff,
Index No.
-against-
piled:
ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY; and
#1"
"JOHN DOE through "JOHN DOE #12", the last twelve names
being fictitious and unknown to plaintiffs, the persons or parties
intended being the tenants, occupants, persons or corporations, if
any, having or claiming an interest in or lien upon the premises
described in the complaint,
Defendants.
NOTICE UNDER FAIR DEBT COLLECTIONS PRACTICES ACT
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WE ARE NOT ATTEMPTING TO COLLECT MONEY FROM ANY PERSON
WHO HAS RECEIVED A DISCHARGE OF THIS DEBT UNDER
UNITED STATES BANKRUPTCY LAWS.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff s attorneys an
answer to the complaint in this action within twenty (20) days after the service of this summons,
exclusive of the day of service, or within thirty (30) days after service is complete if the
summons is not personally served upon you within the State of New York. The United States, if
designated a defendant on this action, may appear or answer within sixty (60) days of service. In
case of your failure to answer, judgment will be taken against you for the relief demanded in the
complaint.
The basis of the venue designated is that the mortgaged property is located in Warren
County.
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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.
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.
DATED: February 8, 2024 COOPER ERVING & SAVAGE LLP
Albany, New York
By:
atthew E. Mi efield, Esq.
Attorneys for Plaintiff
20 Corporate Woods Boulevard, Suite 501
Albany, New York 12211
(518) 449-3900
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NOTICE OF OBJECT OF ACTION AND RELIEF SOUGHT
THE OBJECT of the above entitled action is to foreclose a mortgage to secure
$17,500.00 and interest recorded in the Office of the Clerk of the County of Warren on August 6,
2019, in Book 5969 at page 164 as Instrument No. 2019-4738 covering premises described as
follows: 73 CHERRY STREET, CITY OF GLENS FALLS, COUNTY OF WARREN,
STATE OF NEW YORK.
The relief sought in the within action is: (1) a final judgment directing the sale of the
premises described above to satisfy the debt secured by the mortgage described above; and (2)
for a deficiency judgment against one of the makers/guarantors of the note(s) or mortgage(s)
herein.
TO THE DEFENDANT ANTONIO C. DAUGHTRY a/k/a ANTONIO
DAUGHTRY: The plaintiff makes a personal claim against you in this action.
Dated: February 8, 2024
Albany, New York
COOPER ERVING & SAVAGE LLP
BY:
Matthew E. Minni 1eld, Esq.
Attorneys for Plaintiff
20 Corporate Woods Boulevard, Suite 501
Albany, New York 12211
(518) 449-3900
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Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the summons and
complaint in this foreclosure action, you may lose your home. Please read the summons
and complaint carefully. You should immediately contact an attorney or your local legal
aid office to obtain advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in foreclosure. In
addition to seeking assistance from an attorney or legal aid office, there are government
agencies and non-profit organizations that you may contact for information about possible
options, including trying to work with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by the New
York Department of Financial Services at 1-800-342-3736 or visit the Department's
website at www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the
right to stay in your home during the foreclosure process. You are not required to leave
your home unless and until your property is sold at auction pursuant to a judgment of
foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO
TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state
and local law.
Foreclosure Rescue Scams
"save"
Be careful of people who approach you with offers to your home. There are
individuals who watch for notices of foreclosure action in order to unfairly profit from a
homeowner's distress. You should be extremely careful about any such promises and any
suggestions that you pay them a fee or sign over your deed. State law requires anyone
offering such services for profit to enter into a contract which fully describes the services
they will perform and fees they will charge, and which prohibits them from taking any
money from you until they have completed all such promised services.
Notice required by Real Property Actions and Proceedings Law Section 1303.
202902
REV. 1/2017
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SUPREME COURT
STATE OF NEW YORK COUNTY OF WARREN
CITIZENS BANK, N.A.,
FORECLOSURE
Plaintiff,
COMPLAINT
-against-
Index No.
ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY; and Filed:
#1"
"JOHN DOE through "JOHN DOE #12", the last twelve
names being fictitious and unknown to plaintiffs, the persons or
parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon
the premises described in the complaint,
Defendants.
NOTICE UNDER FAIR DEBT COLLECTIONS PRACTICES ACT
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WE ARE NOT ATTEMPTING TO COLLECT MONEY FROM ANY PERSON
WHO HAS RECEIVED A DISCHARGE OF THIS DEBT UNDER
UNITED STATES BANKRUPTCY LAWS.
Plaintiff, complaining of defendants by COOPER ERVING & SAVAGE LLP, its
attorneys, alleges:
1. At all times mentioned herein, Plaintiff CITIZENS BANK, N.A., was and still is a
national bank organized and existing by and through the Comptroller of the Currency of the
United States of America, with its principal office in the City of Providence and County of
Providence and State of Rhode Island.
2. Upon information and belief, any defendants denominated as a corporation in the
above captioned action is a New York corporation. If any such defendant is a foreign
corporation, the basis of jurisdiction is said defendant is authorized to conduct business within
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the State of New York by the Secretary of State or defendants de facto transaction of business
within the State of New York.
3. Upon information and belief, defendant ANTONIO C. DAUGHTRY a/k/a
ANTONIO DAUGHTRY was and still is a resident of the County of Warren, State of New
York, and is the owner in fee of the within mortgaged premises.
4. Upon information and belief, no party to this action is an infant, incompetent or
absentee.
5. The subject mortgaged premises which are the object of this action are situate,
lying and being in the County of Warren and State of New York.
6. On or about July 22, 2019, defendant ANTONIO C. DAUGHTRY a/k/a
ANTONIO DAUGHTRY, for the purpose of evidencing his obligation to plaintiff for the
payment of $17,500.00 loaned by plaintiff to said defendant and the performance of certain
obligations therein set forth and incorporated herein by reference for value received, duly
executed a certain Home Equity Line of Credit Agreement (the "Note") by which he obligated
himself, his heirs, personal representatives, successors and assigns, and each and every one of
them, jointly and severally, for the payment and performance of said Note all as more fully
appears in said Note, and in the terms, covenants and conditions thereof.
7. As collateral security for the payment and performance of said Obligation,
defendant ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY executed, acknowledged
and delivered to plaintiff, a Credit Line Mortgage, incorporating the Master Mortgage Form
recorded by Citizens Bank, N.A., wherein and whereby said defendant granted, sold and
mortgaged to Plaintiff, its successors and assigns, the following described premises ("Mortgaged
Premises"):
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"A" Attached**
**See Schedule
SUBJECT to any and all enforceable covenants, easements and restrictions of record,
under the terms, covenants and conditions more fully set forth in the Mortgage.
8. Said Credit Line Mortgage was duly recorded (and the mortgage tax due thereon
was duly paid) in the Office of the Clerk of the County of Warren on August 6, 2019, in Book
5969 at page 164 as Instrument No. 2019-4738. Said Credit Line Mortgage incorporated the
terms and conditions of that certain Master Credit Line Mortgage recorded in Book 5152 at page
63 as Instrument No. 2015-2662 in the Office of the Clerk of the County of Warren.
9. Plaintiff is the owner and holder of the subject mortgage and note, or has been
delegated authority to commence the mortgage foreclosure action by the owner of the note and
mortgage and has complied with all the provisions of Banking Law Section 595-a, and any rules
and regulations promulgated there under, Banking Law Sections 6-1 and 6-m and RPAPL
Section 1304, including without limitation, the delivery of the 90 day Notice required by RPAPL
§ 1304.
10. Plaintiff has heretofore complied with the electronic filing provisions of RPAPL
Section 1306.
11. Defendant ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY has failed
and neglected to comply with the terms, covenants and conditions of said Agreement by omitting
and failing to pay items of principal and interest, and in particular, defendant has failed and
neglected to make the payment of principal and interest due on August 26, 2022, and on the
twenty-sixth day of each subsequent month. Accordingly, the plaintiff has previously elected
and hereby elects to call due the entire balance presently secured by said Note.
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12. There is due and owing to the plaintiff upon above Note as of February 8, 2024:
Principal $17,495.00
Interest from 08/26/2022 to and including 02/08/2024 2,804.80
Total Fees 50.50
Late Charges 107.52
Recoverable Balance 370.00
Total $20,827.82
13. No other action or proceeding has been commenced or maintained or is now
pending at law or otherwise for the foreclosure of said mortgage or for recovery of the said sum
secured by said Note or any part thereof.
14. The aforesaid Master Mortgage contained a provision in paragraph 17 thereof,
that in the event Plaintiff was required to enforce said Note, it was agreed that plaintiff may add
all reasonable legal fees, costs, allowances and disbursements to the amount owed to plaintiff,
together with interest. Plaintiff claims reasonable attorney's fees, costs, allowances and
disbursements in a sum to be fixed by the Court upon timely application for same.
15. Plaintiff shall not be deemed to have waived, altered released or changed the
election to accelerate hereinbefore made, or any or all of the defaults mentioned herein by reason
of any payment made by or on behalf of the defendant after the commencement of this action,
and such election shall continue and remain effective.
16. Plaintiff requests that in the event that this action will proceed to judgment of
foreclosure and sale, said premises should be sold subject to the following:
(a) Any state of facts that an inspection of the premises would disclose;
(b) Any state of facts that an accurate survey of the premises would show;
(c) Covenants, restrictions, easements and public utility agreements of record, if any;
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(e) Any rights of tenants or persons in possession of the subject premises;
(f) Any equity of redemption of the United States of America to redeem the premises
within 120 days from date of sale;
(g) Any equity of redemption of the Federal Deposit Insurance Corporation as a
consequence of the receivership of a defendant in this action, if any;
(h) Prior mortgage liens of record, if any, and any advances and arrears thereunder, if
any; and
(i) Prior lien(s) of record, if any.
17. In the event the plaintiff possesses any other lien(s) against said mortgaged
premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such
other lien(s) shall not be merged in plaintiffs cause(s) of action set forth in this complaint, but
the plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority
thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus
money proceedings.
18. Plaintiff believes that during the pendency of this action, in order to protect the
security of the within Note, it may be compelled to make advances on its own account or to prior
mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates,
and/or fire insurance premiums that are or may become due under said prior mortgage or to the
receiver of taxes, or to the fire insurance company, and to make advances to preserve and/or
secure the mortgaged premises which advances are to be included in the balance due to plaintiff,
plus interest, as provided for in the within mortgage foreclosed and deemed further secured
thereby.
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19. Each of the defendants named in the within captioned action have, or claim to
have, some interest in the mortgaged premises, as more fully set forth below, which such interest
is subsequent, subordinate and junior to the lien of plaintiffs mortgage.
#1" #12"
20. Defendants "John Doe through "John Doe are possible tenants or sub-
tenants in possession of the premises whose true name is now unknown to plaintiff who have, or
claim to have, a leasehold or other possessory interest in the premises, which said interest if any,
is subject to the lien held by plaintiff.
21. Plaintiff has no adequate remedy at law.
WHEREFORE, plaintiff demands judgment against the defendants as follows:
a. Adjudging and decreeing the amounts due the plaintiff on the Obligation
including principal, interest, expenses, and any amounts advanced by plaintiff for taxes,
water rents, insurance premiums or other costs or expenses pursuant to said Mortgage;
b. That the defendants and all persons claiming by, through or under them or
either of them, subsequent to the commencement of this action and the filing of a notice
pendency hereof, be barred and forever foreclosed of and from all estate, right, title,
interest, claim, lien and equity of redemption of, in and to the Mortgaged Premises, and
each and every part and parcel thereof;
c. That the Mortgaged Premises be ordered to be sold, according to law;
d. That out of the monies arising from the sale thereof, the plaintiff may be paid
the amount adjudged to be due on said Note as herein above set forth, with interest to the
time of such payment and the expenses of such sale, together with the plaintiff s
expenses, and the costs, allowances and disbursements of this action, and any monies
advanced and paid pursuant to the terms and provisions of said Note or to protect the lien
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Preview
FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 SUPREME COURT STATE OF NEW YORK COUNTY OF WARREN CITIZENS BANK, N.A., SMONS Plaintiff, Index No. -against- piled: ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY; and #1" "JOHN DOE through "JOHN DOE #12", the last twelve names being fictitious and unknown to plaintiffs, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. NOTICE UNDER FAIR DEBT COLLECTIONS PRACTICES ACT THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WE ARE NOT ATTEMPTING TO COLLECT MONEY FROM ANY PERSON WHO HAS RECEIVED A DISCHARGE OF THIS DEBT UNDER UNITED STATES BANKRUPTCY LAWS. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff s attorneys an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if the summons is not personally served upon you within the State of New York. The United States, if designated a defendant on this action, may appear or answer within sixty (60) days of service. In case of your failure to answer, judgment will be taken against you for the relief demanded in the complaint. The basis of the venue designated is that the mortgaged property is located in Warren County. 1 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 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. 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. DATED: February 8, 2024 COOPER ERVING & SAVAGE LLP Albany, New York By: atthew E. Mi efield, Esq. Attorneys for Plaintiff 20 Corporate Woods Boulevard, Suite 501 Albany, New York 12211 (518) 449-3900 2 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 NOTICE OF OBJECT OF ACTION AND RELIEF SOUGHT THE OBJECT of the above entitled action is to foreclose a mortgage to secure $17,500.00 and interest recorded in the Office of the Clerk of the County of Warren on August 6, 2019, in Book 5969 at page 164 as Instrument No. 2019-4738 covering premises described as follows: 73 CHERRY STREET, CITY OF GLENS FALLS, COUNTY OF WARREN, STATE OF NEW YORK. The relief sought in the within action is: (1) a final judgment directing the sale of the premises described above to satisfy the debt secured by the mortgage described above; and (2) for a deficiency judgment against one of the makers/guarantors of the note(s) or mortgage(s) herein. TO THE DEFENDANT ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY: The plaintiff makes a personal claim against you in this action. Dated: February 8, 2024 Albany, New York COOPER ERVING & SAVAGE LLP BY: Matthew E. Minni 1eld, Esq. Attorneys for Plaintiff 20 Corporate Woods Boulevard, Suite 501 Albany, New York 12211 (518) 449-3900 3 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York Department of Financial Services at 1-800-342-3736 or visit the Department's website at www.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure Rescue Scams "save" Be careful of people who approach you with offers to your home. There are individuals who watch for notices of foreclosure action in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. Notice required by Real Property Actions and Proceedings Law Section 1303. 202902 REV. 1/2017 4 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 SUPREME COURT STATE OF NEW YORK COUNTY OF WARREN CITIZENS BANK, N.A., FORECLOSURE Plaintiff, COMPLAINT -against- Index No. ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY; and Filed: #1" "JOHN DOE through "JOHN DOE #12", the last twelve names being fictitious and unknown to plaintiffs, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. NOTICE UNDER FAIR DEBT COLLECTIONS PRACTICES ACT THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WE ARE NOT ATTEMPTING TO COLLECT MONEY FROM ANY PERSON WHO HAS RECEIVED A DISCHARGE OF THIS DEBT UNDER UNITED STATES BANKRUPTCY LAWS. Plaintiff, complaining of defendants by COOPER ERVING & SAVAGE LLP, its attorneys, alleges: 1. At all times mentioned herein, Plaintiff CITIZENS BANK, N.A., was and still is a national bank organized and existing by and through the Comptroller of the Currency of the United States of America, with its principal office in the City of Providence and County of Providence and State of Rhode Island. 2. Upon information and belief, any defendants denominated as a corporation in the above captioned action is a New York corporation. If any such defendant is a foreign corporation, the basis of jurisdiction is said defendant is authorized to conduct business within 5 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 the State of New York by the Secretary of State or defendants de facto transaction of business within the State of New York. 3. Upon information and belief, defendant ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY was and still is a resident of the County of Warren, State of New York, and is the owner in fee of the within mortgaged premises. 4. Upon information and belief, no party to this action is an infant, incompetent or absentee. 5. The subject mortgaged premises which are the object of this action are situate, lying and being in the County of Warren and State of New York. 6. On or about July 22, 2019, defendant ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY, for the purpose of evidencing his obligation to plaintiff for the payment of $17,500.00 loaned by plaintiff to said defendant and the performance of certain obligations therein set forth and incorporated herein by reference for value received, duly executed a certain Home Equity Line of Credit Agreement (the "Note") by which he obligated himself, his heirs, personal representatives, successors and assigns, and each and every one of them, jointly and severally, for the payment and performance of said Note all as more fully appears in said Note, and in the terms, covenants and conditions thereof. 7. As collateral security for the payment and performance of said Obligation, defendant ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY executed, acknowledged and delivered to plaintiff, a Credit Line Mortgage, incorporating the Master Mortgage Form recorded by Citizens Bank, N.A., wherein and whereby said defendant granted, sold and mortgaged to Plaintiff, its successors and assigns, the following described premises ("Mortgaged Premises"): 6 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 "A" Attached** **See Schedule SUBJECT to any and all enforceable covenants, easements and restrictions of record, under the terms, covenants and conditions more fully set forth in the Mortgage. 8. Said Credit Line Mortgage was duly recorded (and the mortgage tax due thereon was duly paid) in the Office of the Clerk of the County of Warren on August 6, 2019, in Book 5969 at page 164 as Instrument No. 2019-4738. Said Credit Line Mortgage incorporated the terms and conditions of that certain Master Credit Line Mortgage recorded in Book 5152 at page 63 as Instrument No. 2015-2662 in the Office of the Clerk of the County of Warren. 9. Plaintiff is the owner and holder of the subject mortgage and note, or has been delegated authority to commence the mortgage foreclosure action by the owner of the note and mortgage and has complied with all the provisions of Banking Law Section 595-a, and any rules and regulations promulgated there under, Banking Law Sections 6-1 and 6-m and RPAPL Section 1304, including without limitation, the delivery of the 90 day Notice required by RPAPL § 1304. 10. Plaintiff has heretofore complied with the electronic filing provisions of RPAPL Section 1306. 11. Defendant ANTONIO C. DAUGHTRY a/k/a ANTONIO DAUGHTRY has failed and neglected to comply with the terms, covenants and conditions of said Agreement by omitting and failing to pay items of principal and interest, and in particular, defendant has failed and neglected to make the payment of principal and interest due on August 26, 2022, and on the twenty-sixth day of each subsequent month. Accordingly, the plaintiff has previously elected and hereby elects to call due the entire balance presently secured by said Note. 7 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 12. There is due and owing to the plaintiff upon above Note as of February 8, 2024: Principal $17,495.00 Interest from 08/26/2022 to and including 02/08/2024 2,804.80 Total Fees 50.50 Late Charges 107.52 Recoverable Balance 370.00 Total $20,827.82 13. No other action or proceeding has been commenced or maintained or is now pending at law or otherwise for the foreclosure of said mortgage or for recovery of the said sum secured by said Note or any part thereof. 14. The aforesaid Master Mortgage contained a provision in paragraph 17 thereof, that in the event Plaintiff was required to enforce said Note, it was agreed that plaintiff may add all reasonable legal fees, costs, allowances and disbursements to the amount owed to plaintiff, together with interest. Plaintiff claims reasonable attorney's fees, costs, allowances and disbursements in a sum to be fixed by the Court upon timely application for same. 15. Plaintiff shall not be deemed to have waived, altered released or changed the election to accelerate hereinbefore made, or any or all of the defaults mentioned herein by reason of any payment made by or on behalf of the defendant after the commencement of this action, and such election shall continue and remain effective. 16. Plaintiff requests that in the event that this action will proceed to judgment of foreclosure and sale, said premises should be sold subject to the following: (a) Any state of facts that an inspection of the premises would disclose; (b) Any state of facts that an accurate survey of the premises would show; (c) Covenants, restrictions, easements and public utility agreements of record, if any; 8 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 (e) Any rights of tenants or persons in possession of the subject premises; (f) Any equity of redemption of the United States of America to redeem the premises within 120 days from date of sale; (g) Any equity of redemption of the Federal Deposit Insurance Corporation as a consequence of the receivership of a defendant in this action, if any; (h) Prior mortgage liens of record, if any, and any advances and arrears thereunder, if any; and (i) Prior lien(s) of record, if any. 17. In the event the plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiffs cause(s) of action set forth in this complaint, but the plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. 18. Plaintiff believes that during the pendency of this action, in order to protect the security of the within Note, it may be compelled to make advances on its own account or to prior mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the fire insurance company, and to make advances to preserve and/or secure the mortgaged premises which advances are to be included in the balance due to plaintiff, plus interest, as provided for in the within mortgage foreclosed and deemed further secured thereby. 9 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM INDEX NO. EF2024-72296 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2024 19. Each of the defendants named in the within captioned action have, or claim to have, some interest in the mortgaged premises, as more fully set forth below, which such interest is subsequent, subordinate and junior to the lien of plaintiffs mortgage. #1" #12" 20. Defendants "John Doe through "John Doe are possible tenants or sub- tenants in possession of the premises whose true name is now unknown to plaintiff who have, or claim to have, a leasehold or other possessory interest in the premises, which said interest if any, is subject to the lien held by plaintiff. 21. Plaintiff has no adequate remedy at law. WHEREFORE, plaintiff demands judgment against the defendants as follows: a. Adjudging and decreeing the amounts due the plaintiff on the Obligation including principal, interest, expenses, and any amounts advanced by plaintiff for taxes, water rents, insurance premiums or other costs or expenses pursuant to said Mortgage; b. That the defendants and all persons claiming by, through or under them or either of them, subsequent to the commencement of this action and the filing of a notice pendency hereof, be barred and forever foreclosed of and from all estate, right, title, interest, claim, lien and equity of redemption of, in and to the Mortgaged Premises, and each and every part and parcel thereof; c. That the Mortgaged Premises be ordered to be sold, according to law; d. That out of the monies arising from the sale thereof, the plaintiff may be paid the amount adjudged to be due on said Note as herein above set forth, with interest to the time of such payment and the expenses of such sale, together with the plaintiff s expenses, and the costs, allowances and disbursements of this action, and any monies advanced and paid pursuant to the terms and provisions of said Note or to protect the lien 10 of 13 FILED: WARREN COUNTY CLERK 02/09/2024 10:56 AM