On March 13, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
U.S. Bank National Association, As Indenture Trustee For Towd Point Mortgage Trust 2020-1,
and
John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed
Herein, And Any Parties, Corporations Or Entities, If Any, Having Or Claiming An Interest Or Lien Upon The Mortgaged Premises,
Patricia Brocking,
Sean Brocking,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024
SCHEDULE A – DEFENDANTS
DEFENDANTS CAPACITY
Patricia Brocking Owner of record and Obligor by virtue of the
6 Nixon Court Consolidation and/or Modification
Lake Grove, NY 11755 Agreement referred to in Schedule D attached
hereto.
Sean Brocking Owner of record and Mortgagor pursuant to
6 Nixon Court the Mortgage recorded on October 11, 2007
Lake Grove, NY 11755 in Liber M00021618, page 559, as modified
and assigned, being foreclosed herein.
“JOHN DOE” Said name being fictitious, it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
24-095690
FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024
SCHEDULE B – DEFENDANTS
NONE
24-095690
FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024
SCHEDULE C
MORTGAGE INFORMATION
1. Original Amount of Bond/Note/
Consolidation or Modification Agreement $358,405.24
2. Last installment due and paid August 1, 2023
3. Date of first unpaid installment/
default date September 1, 2023
AMOUNT DUE
4. Principal balance owing $352,368.47
5. *Interest @ 4.25%
from August 1, 2023 To Be Calculated at Judgment
6. Late charges as per the terms of the Note To Be Calculated at Judgment
7. Taxes Advanced by Plaintiff To Be Calculated at Judgment
8. Escrow Advances To Be Calculated at Judgment
* Interest will continue to accrue at the contract bond/note/loan agreement rate, until a
Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at
which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004.
24-095690
FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024
SCHEDULE D
The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated June
1, 2022, executed by Patricia Brocking, as Mortgagor(s) to Select Portfolio Servicing, Inc., as
Loan Servicer, as Mortgagee, to secure the sum of $358,405.24,
The foregoing instrument consolidated and/or modified the following mortgage(s): The
Mortgage given by Patricia Brocking and Sean Brocking to Sovereign Bank to secure the sum of
$417,000.00 dated October 4, 2007 and recorded in the Suffolk County Clerk's Office on
October 11, 2007 in Liber M00021618, page 559. The Loan Modification Agreement given by
Patricia Brocking to Sovereign Bank to secure the sum of $411,479.73 dated November 1, 2010
and recorded in the Suffolk County Clerk's Office on February 2, 2011 in Liber M00022036,
page 507. The Mortgage was transferred to FirstKey Mortgage, LLC and said transfer was
memorialized by an Assignment of Mortgage dated September 21, 2020 and recorded in the
Suffolk County Clerk's Office on September 30, 2020 in Liber M00023179, page 509.
The Mortgage was transferred to Towd Point Mortgage Trust 2020-1, U.S. Bank National
Association, as Indenture Trustee, and said transfer was memorialized by an Assignment of
Mortgage executed on November 30, 2022 and recorded in the Suffolk County Clerk's Office on
March 17, 2023 at Liber M00023492, page 758.
In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
assign, and was delivered to Plaintiff prior to the commencement of this action.
24-095690
Preview
FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024 SCHEDULE A – DEFENDANTS DEFENDANTS CAPACITY Patricia Brocking Owner of record and Obligor by virtue of the 6 Nixon Court Consolidation and/or Modification Lake Grove, NY 11755 Agreement referred to in Schedule D attached hereto. Sean Brocking Owner of record and Mortgagor pursuant to 6 Nixon Court the Mortgage recorded on October 11, 2007 Lake Grove, NY 11755 in Liber M00021618, page 559, as modified and assigned, being foreclosed herein. “JOHN DOE” Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 24-095690 FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024 SCHEDULE B – DEFENDANTS NONE 24-095690 FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024 SCHEDULE C MORTGAGE INFORMATION 1. Original Amount of Bond/Note/ Consolidation or Modification Agreement $358,405.24 2. Last installment due and paid August 1, 2023 3. Date of first unpaid installment/ default date September 1, 2023 AMOUNT DUE 4. Principal balance owing $352,368.47 5. *Interest @ 4.25% from August 1, 2023 To Be Calculated at Judgment 6. Late charges as per the terms of the Note To Be Calculated at Judgment 7. Taxes Advanced by Plaintiff To Be Calculated at Judgment 8. Escrow Advances To Be Calculated at Judgment * Interest will continue to accrue at the contract bond/note/loan agreement rate, until a Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate permitted by CPLR § 5004. 24-095690 FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024 SCHEDULE D The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated June 1, 2022, executed by Patricia Brocking, as Mortgagor(s) to Select Portfolio Servicing, Inc., as Loan Servicer, as Mortgagee, to secure the sum of $358,405.24, The foregoing instrument consolidated and/or modified the following mortgage(s): The Mortgage given by Patricia Brocking and Sean Brocking to Sovereign Bank to secure the sum of $417,000.00 dated October 4, 2007 and recorded in the Suffolk County Clerk's Office on October 11, 2007 in Liber M00021618, page 559. The Loan Modification Agreement given by Patricia Brocking to Sovereign Bank to secure the sum of $411,479.73 dated November 1, 2010 and recorded in the Suffolk County Clerk's Office on February 2, 2011 in Liber M00022036, page 507. The Mortgage was transferred to FirstKey Mortgage, LLC and said transfer was memorialized by an Assignment of Mortgage dated September 21, 2020 and recorded in the Suffolk County Clerk's Office on September 30, 2020 in Liber M00023179, page 509. The Mortgage was transferred to Towd Point Mortgage Trust 2020-1, U.S. Bank National Association, as Indenture Trustee, and said transfer was memorialized by an Assignment of Mortgage executed on November 30, 2022 and recorded in the Suffolk County Clerk's Office on March 17, 2023 at Liber M00023492, page 758. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. 24-095690