Preview
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/28/2024
ExHIBIT D
ExHIBITD
Filed in Orange County 02/28/2024 09:05:31 PM $0.00 Bk: 5156 Pg: 1482 Index: # EF001678-2024 Clerk: SW
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/28/2024
FULFILLMENT
After Recording Retum to: DEC27 20U
Bayview Loan Servicing, LLC
Attn: Collateral Department
4425 Ponce de Leon Blvd., 5th Floor
Cora1Gables, FL 33146
FULFILLMENT
(Space Above This Une For Recostfing Datal
LOANADJUSTMENTAGREEMENT
This loan adjustment agreement is made and entered into as of December 13, 2017 (the ˆffective Date"), by and between,
Bayview Loan Servicing. LLC, (Servicer") and IRFAN NAZEER and SAIMA MOHAMMED CBorrower").
RECITALS
A. Servicer is the holder or servicing agent of the holder of that certain Promissory Note CNote") dated 0712S/2012, executed by
Borrower or Borrowers predecessor-in-Interest in the original principal sum of 5225,834.00.
B. The note evidences a loan (Loari) to Borrower or Borrowers predecessor-in-Interest on 07/25/2012, in the original principal
sum of $225.834.00 along with a Deed of Trust or Mortgage ("Security Instrument") securing said Note. The Security Instrument
creates a secured lien on certain real property ("Property") owned by Borrower (and is more specifically described in the Security
Instrument). The Note and Security Instrument and all other loan documents related to the Loan are herelnatter collectively referred
to as the "Loan Documents".
C. Due to adverse economic circumstances, Borrower has requested Servicer to adjust the scheduled amortization of the Note to
permit Borrower to meet Borrowers obligations to Servicer In full and in a timely manner, The requested adjustment will benefit
Borrower, Servicer and any junior lien holder, by avoiding the possible foreclosure of the Loan by Servicer. Accordingly, it la
considered tobe1n the best interest of all concemed to enter1his Loan Adjustment Agreement ("Agreement").
. D, Borrower hereby agrees that this Agreement may only become effective upon Borrowers cornptetion of the Stipulation
Agreement dated December 13, 2017. If Borrower successfully completes all the terms of said Stipulation, Servicer will execute this
Agreement and adjust the Loan accordingly. However, said execution is subject to Barrower's addressing and clearing of any and
all title issues to Servicers satisfaction. All payments made pursuant to the Stipulation Agreement (with the exception of the down
payment mentioned below) wilibe credited to payments due under this Agreement.
E. Both Borrower and Servicer hereby agree that Servicer may, In its sole discretion, record this Agreement.
d
AGREEMENT
NOW, THEREFORE, Borrower and Servicer hereby agree as fo!Iows:
1. NOTE MOD1FICATIONS:
(a) Outstanding Debt:
Borrower agrees that the unpaid principal balance due on the Note of $219,384.90 (including credit for Stipulation Agreement
downpayment), shall be increased by $18,0S3.35 the amount of the unpaid Installments, interest, late charges, fees and costs,
and, if applicable, any advances for unpaid property taxes and/or insurance premiums (Unpaid Sums Due"), for a total unpaid
principal balance due of $237,438.25 ("New Balance"). Based on the consideration listed above, and other good and
valuable consideration, Servicer agrees to forgive $48,510.57. You wi3 never be required to pay this amount. There could be
Income tax consequences related to this forgiveness and you are advised to seek guidance from an independent tax
professional, Borrower agrees to the accuracy of the allegations contained in the above Recitals as well as to the authenticity
and validity of each document referred to herein and to the validity of the unpaid sums due and the New Balance. Interest and
payments will accrue on the New Balance at the interest rates, whether adjustable, variable or fixed, provided in the Note,
unless modified by this Agreement.
(b) New Monthly Payments, Payment Adjustments:
AM011 Stip to Mod Agreement Letter Fixed (Step Rate) V2.5 Loan No.: Page 1 of 4
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/28/2024
Years Interest Rate Interest Rate Monthly Estimated Total Monthly Payment Number of
Change Date Principal and Monthly Payment Begins On Monthfy
Interest Escrow Payments
Payment Payment
Amount*
, Amount
1-5 3.250% 06/01/2017 5884.56 $684.61 $1,569.17 07/01/2017 60
6-40 3.950% 06/01/2022 $97532 Adjust Adjust 07/01/2022 420
Annually Annually
Effective on 06/01/2022, Borrowers rate of interest will be 3.95% and will remain fixed for the remaining life of the loan.
(c) New Maturity Date:
The maturity date will be 06/01/2057, on which date any unpaid interest and all other sums due shall be paid in full.
2. ESTABLISHMENT OF IMPOUND/ESCROW ACCOUNT:
Borrower acknov edges that Servicer will establish an'impound/escrow account for the collection of property taxes and insurance
premiums If such account is not currently In existence. Servicer will analyze the impound/escrow account from time to time. As a
result of this analysis, the escrow portion of Borrowers monthly payrnent may change. Bonower further acknowledges that the
escrow portion of his/her monthly payment may be substantially higher than the estimate. (Note: In certain states, impound/escrow
accounts do not collect for payment of taxes pertaining to Bond/Special Assessments and Irrigation/Water District).
3. MORTAGE INSURANCE:
. Borrower agrees that the mortgage Insurance premiums on the Loan, if applicable, may increase as a result of the capitalization
which will result In a higher total monthly payment. Furthermore, the date on which I may request cancellation of mortgage
Insurance may change as a result of this Agreement.
4. AGREEMENTNOTTOENCUMBER:
Property- or
Borrower agrees that it will not voluntarily or Involuntarily: (i) grant any Interest In or option with respect to, any of the
(ii) create or permit to exist any lien, security interest, or other charge or encumbrance upon or with respect to any of the Property,
except for Servicers aiready existing security interest and lien, or sell the Property for the benefit of itself or any party or In any
manner other than that contemplated by this Agreement.
6. ASS1GNMENT OF LEASES AND RENTS AND RECEIVERSHIP:
The existing Mortgage and Note shall be amended to include the following: In the event the loan Is In default and Borrowers are
generating any gross income from the property by virtue of a tenancy or any other arrangement, Borrowers agree to assign and
transfer to Servicer the right title and Interest of Barrower In all existing and future leases and agreements whether or not In writing,
and any rents and deposits derived and collected therefrom, affecting and pertaining to the use enjoyment or occupancy of any part
of the premises. Borrower consents to the entry by Servicer, Servicers agent, or court appointed receiver or designee, toenter the
premises to collect the rents and enforce the leases. Borrower further consents to the appointment of a court appointed Receiver in
the event the loan In In default.
6. NO OTHER CHANGES:
Except as expressly adjusted by thIs Agreement, all of the covenants, agreements, stipulations, and conditions in the Note and the
Security Instrument remaIn unmodified and in fult force and eIfect. The Security Instrument continues to secure on a first and prior
lien basis the due and punctual payments of the Note, as modified by this Agreement None of Borrowers obligations or liabilities
under the Security Instrument shall be diminished or released by any provisions herein. Nor shall this Agreement in any way
impair, diminish, or affect any of the Borrowers rights or remedies In the Security Instrument whether such rights or remedies arise
herein or by operation of law. Any inserted terms, changes or additions to this Agreement will Immediately render it null and void.
Borrower is encouraged to review this Agreement with his/her legal advisor prior to signing it, but by signing the below Borrower
has voluntarily signed this Agreement.
AM011 Stip to Mod Agreement Letter Fixed (Step Rate) V 2.5 Loan No.: Page 2 of 4
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/28/2024
7, NO REL1ANCE; CONSTRUCTION:
Each of the parties hereto hereby declares that, prior to the execution of this Agreement, they have apprized themselves of
suflicient relevant data In order that they might intelligently exercise their own judgments in deciding on the contents of this
Agreement and whether to execute this Agreement Borrower declares that his/her decision to execule this Agreement is not as a
result of undue influence or duress, and not predicated on or influenced by any declarations or representations not set forth In this
Agreement, by Servicer, or any other person or party or any predecessors In interest, its successors, assigns, officers, directors,
ernployees, agents or attomeys. Each of the parties hereto hereby further acknowledges and agrees that each of them has had
significant input In the development of this Agreement and this Agreement shallnot therefore be construed.
8. NO ORAL MODIFICATION:
This Agreement may not be amended or modified In any way except by a written Instrument executed by all of the parties hereto.
9. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon and Inure to the benefit of the signatories to this Agreement and each of their respective
successors and assigns. The obligations of the signatories to this Agreement shall not be delegated or assigned.
10. ATTORNEY'S FEES:
In the event that any party hereto brings suit for the collection of any damages resulting from. or the injunction of any action
constituting, a breach of any terms or provisions of this Agreement or the Loan Documents, then the prevailing party shall be
attomeys'
entitled to recover all reasonable court costs and fees, at all levels.
Borrower agrees not to make any claim to any attomey fees and costs against Lender in the event there Is a pending foreciosure
case/action which is voluntarily dismissed by Lender as a result of this Inodification agreement or similar settlement reached
between the parties. Borrower acknowledges that a voluntary dismissal by Lender under such circumstances shall not make the
Borrower the prevailing party in such foreclosure action/case for the purposes of this section.
11. PARTIAL INVALIDITY:
If any term, covenant or condition of this Agreement or its application to any person or circumstances shall be held to be illegal,
invalid or unenforceable, the remainder of this Agreement or the application of such term or provisions to other persons or
circumstances shall not be affected, and each term hereof shall be legal, valid and enforceable to the fullest extent permitted by
law, unless an essential purpose of this Agreement would be defeated by the loss of the IItegal, unenforceable, or invalid provision.
in the event of such partial invalidity, the parties shall seek In good faith to agree on replacing any such legally Invalid provisions
with valid provisions which, In effect, will, from an economic viewpoint, most nearly and fairly approach the effect of the invalid
provision and the intent of the parties In entering into this Agreement.
if a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following
types of income from being taken to pay the debt:
1. Supplemental security Income, (SSi);
2. Social security;
3. Public assistance (welfare);
4. Spousal support, maintenance (alimony) or child support;
5. Unemployment benefits;
6.Disability benefits;
Workers'
7. compensation benefits;
8. Public or private pensions;
Veterans'
9. benefits; .
10. Federal student loans, federal student grants, and federal work study funds; and
11. Ninety percent of your wages or salary eamed in the last sixty days.
IN WITNESS WHEREOF, Servicer and Borrower have executed this Loan Adjustment Agreement,
Borrower:
Date:
IRFAN NAZEER
By: 4t , , Date: /2.
SAIMA MOHAMM D
AM011 Stip to Mod Agreement Letter Rxed (Step Rate) V 2.5 Loan No.: Page 3 of 4
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/28/2024
Servicer:
y: Date:
siden ayview oan Servicing, LLC
Rafael Alvarez
Specialized Call Representative Assistailt Vice President
Phone Number:
Hours: - 8:00 a.m. - 8:00 ET
Monday Friday p.m.,
Fax Number:
E-mail:
AM011 Stip to Mod Agreement Letter Fixed (Step Rate) V2.5 Loan No.: Page4 of 4
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/28/2024
. . . .
STATE OF NEW YORK NOTARY ACKNOWLEDGEMENT
STATE OF NEW YORK )
) SS
COUNTY OF CA C )
On the day of ber 20E before me, the undersigned, a notary public in and
for said state, personally appeared. GSHH H1EE& A $ ntA tio%MMECb ,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
Tax Map Information:
By:
W
Notary Pu
My Commission Expires: 3 701
ROSEMARIE LEE
of New York
Notary Public, State
No. 01LE6018825
Qualified in Dutchess County
Commission Expires June 29, 20
P
AMD13 Notary Notice Letter V 1.1 Loan No.
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/28/2024
BAYVIEW
SERVICER SIGNATURE:
STATE OF FLORIDA §
COUNTY OF MIAMI DADE §
On 12/27/2017 , before me, CHRISTOPHER RENDON , a notary public for and within the said
county, personally appeared, RAFAEl, ALVAREZ of Bayview Loan Servicing, LLC, as Servicer, whose address
5th
is 4425 Ponce de Leon Blvd, Floor, Coral Gables, Florida 33146, personally known to me (or provided to me
on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to the within instrument and
acknowledge to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public: Óhristopher Rendon
RENDON
CHRISTOPHER
#GGi21513
COMMISSION Notary Public for the State of Florida
MY
2021
. ExplRES July 5,
My commission expires: 07/05/2021
Ro6daNdarySeMCS
3 CommisSIOn # GG121513
!
Bayview Loan Servicing, LLC.
4425 Ponce de Leon Blvd, Coral Gables, 33146