Preview
FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
NOTICE OF PENDENCY
U.S. Bank National Association, as Indenture Trustee for OF ACTION
Towd Point Mortgage Trust 2020-1,
Index No. _______________
Plaintiff,
Mortgage Servicer:
-against- Select Portfolio Servicing, Inc
Patricia Brocking; Sean Brocking, and “JOHN DOE”, said Mortgage Servicer Phone:
name being fictitious, it being the intention of Plaintiff to (800) 258-8602
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,
Defendants.
NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in
this Court upon a complaint of the above named Plaintiff against the above named Defendants
for the foreclosure of 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
24-095690 Notice of Pendency Page 1 of 4
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FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024
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.
NOTICE IS FURTHER GIVEN that the mortgaged premises affected by said
foreclosure action, at the time of the commencement of said action and at the time of the filing of
this notice, was situated at 6 Nixon Court, Lake Grove, NY 11755, the County of Suffolk and the
State of New York, and is more particularly described in said Mortgage and in Schedule "A"
attached hereto and made a part hereof.
February 8, 2024
Dated: _________________
________________________
Andrew Loete, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Our File No. 24-095690
24-095690 Notice of Pendency Page 2 of 4
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FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
ALL that certain plot, piece or parcel of land, situate, lying and being in the Incorporated Village of Lake Grove, Town of
Brookhaven, County of Suffolk and State of New York, known and designated as Lot No. 11, on a certain map entitled,
"Map of Lake Grove Woods", and filed in the Office of the Clerk of the County of Suffolk on May 7, 1969, as Map No.
5301, more particularly bounded and described according to said map as follows:
BEGINNING at a point on the southerly side of Nixon Court where the same is intersected by the division line between
Lots 11 and 12 on said map, said point being also distant 200.21 feet westerly from the westerly end of a curve connecting
the southerly side of Nixon Court with the westerly side of Patricia Lane;
RUNNING THENCE from said point or place of beginning, along said division line South 1 degree 6 minutes 11 seconds
West, 181.89 feet to land now or formerly of Windmill Construction Corp.;
THENCE along said land South 89 degrees, 07 minutes, 29 seconds West, 178.80 feet:
THENCE North 7 degrees 57 minutes 29 seconds East, 139.42 feet to the southerly side of Nixon Court;
THENCE in a general easterly direction, along the southerly side of Nixon Court the following (3) courses and distances:
1) Along the arc of a curve bearing to the left, having a radius of 50 feet, a distance of 67.53 feet;
2) Along the arc of a curve having a radius of 25 feet, bearing to the right a distance of 30.77 feet;
3) South 88 degrees, 53 minutes 49 seconds East, 85.38 feet to the point or place of BEGINNING.
Premises: 6 Nixon Court, Lake Grove, NY 11755
Tax Parcel ID No.: District: 0208 Section: 024.00 Block: 03.00 Lot: 013.000
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FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024
TO: THE CLERK OF THE COUNTY OF SUFFOLK:
You are hereby directed to index the within Notice of Pendency of Action to the
name(s) of all of the Defendant(s) herein and the Section, Block and Lot(s) and/or property
address as set forth below:
District: 0208 Section: 024.00 Block: 03.00 Lot: 013.000
Property Address: 6 Nixon Court, Lake Grove, NY 11755
February 8, 2024
Dated: __________________
________________________
Andrew Loete, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
24-095690 Notice of Pendency Page 3 of 4
4 of 6
FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024
CERTIFICATION BY ATTORNEY
I, Andrew Loete, am an attorney duly admitted to the practice of law in the State of New
York. I am an associate of LOGS Legal Group LLP, the attorneys for Plaintiff, U.S. Bank
National Association, as Indenture Trustee for Towd Point Mortgage Trust 2020-1, in the above
captioned civil action.
I HEREBY CERTIFY, pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator
(22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, that the presentation of the Notice of Pendency in this
action, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of
the Rules of the Chief Administrator (22NYCRR).
February 8, 2024
Dated: __________________
________________________
Andrew Loete, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
24-095690 Notice of Pendency Page 4 of 4
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FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024
REAL PROPERTY TAX SERVICE AGENCY VERIFICATION
P S
R CLA A
3/14/2024
StatlD: 5274319
Tax Map #'s: 0208-024.00-03.00-013.000
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Preview
FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NOTICE OF PENDENCY U.S. Bank National Association, as Indenture Trustee for OF ACTION Towd Point Mortgage Trust 2020-1, Index No. _______________ Plaintiff, Mortgage Servicer: -against- Select Portfolio Servicing, Inc Patricia Brocking; Sean Brocking, and “JOHN DOE”, said Mortgage Servicer Phone: name being fictitious, it being the intention of Plaintiff to (800) 258-8602 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, Defendants. NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in this Court upon a complaint of the above named Plaintiff against the above named Defendants for the foreclosure of 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 24-095690 Notice of Pendency Page 1 of 4 1 of 6 FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024 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. NOTICE IS FURTHER GIVEN that the mortgaged premises affected by said foreclosure action, at the time of the commencement of said action and at the time of the filing of this notice, was situated at 6 Nixon Court, Lake Grove, NY 11755, the County of Suffolk and the State of New York, and is more particularly described in said Mortgage and in Schedule "A" attached hereto and made a part hereof. February 8, 2024 Dated: _________________ ________________________ Andrew Loete, Esq. Associate Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Our File No. 24-095690 24-095690 Notice of Pendency Page 2 of 4 2 of 6 FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL that certain plot, piece or parcel of land, situate, lying and being in the Incorporated Village of Lake Grove, Town of Brookhaven, County of Suffolk and State of New York, known and designated as Lot No. 11, on a certain map entitled, "Map of Lake Grove Woods", and filed in the Office of the Clerk of the County of Suffolk on May 7, 1969, as Map No. 5301, more particularly bounded and described according to said map as follows: BEGINNING at a point on the southerly side of Nixon Court where the same is intersected by the division line between Lots 11 and 12 on said map, said point being also distant 200.21 feet westerly from the westerly end of a curve connecting the southerly side of Nixon Court with the westerly side of Patricia Lane; RUNNING THENCE from said point or place of beginning, along said division line South 1 degree 6 minutes 11 seconds West, 181.89 feet to land now or formerly of Windmill Construction Corp.; THENCE along said land South 89 degrees, 07 minutes, 29 seconds West, 178.80 feet: THENCE North 7 degrees 57 minutes 29 seconds East, 139.42 feet to the southerly side of Nixon Court; THENCE in a general easterly direction, along the southerly side of Nixon Court the following (3) courses and distances: 1) Along the arc of a curve bearing to the left, having a radius of 50 feet, a distance of 67.53 feet; 2) Along the arc of a curve having a radius of 25 feet, bearing to the right a distance of 30.77 feet; 3) South 88 degrees, 53 minutes 49 seconds East, 85.38 feet to the point or place of BEGINNING. Premises: 6 Nixon Court, Lake Grove, NY 11755 Tax Parcel ID No.: District: 0208 Section: 024.00 Block: 03.00 Lot: 013.000 3 of 6 FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024 TO: THE CLERK OF THE COUNTY OF SUFFOLK: You are hereby directed to index the within Notice of Pendency of Action to the name(s) of all of the Defendant(s) herein and the Section, Block and Lot(s) and/or property address as set forth below: District: 0208 Section: 024.00 Block: 03.00 Lot: 013.000 Property Address: 6 Nixon Court, Lake Grove, NY 11755 February 8, 2024 Dated: __________________ ________________________ Andrew Loete, Esq. Associate Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 24-095690 Notice of Pendency Page 3 of 4 4 of 6 FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024 CERTIFICATION BY ATTORNEY I, Andrew Loete, am an attorney duly admitted to the practice of law in the State of New York. I am an associate of LOGS Legal Group LLP, the attorneys for Plaintiff, U.S. Bank National Association, as Indenture Trustee for Towd Point Mortgage Trust 2020-1, in the above captioned civil action. I HEREBY CERTIFY, pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the Notice of Pendency in this action, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of the Rules of the Chief Administrator (22NYCRR). February 8, 2024 Dated: __________________ ________________________ Andrew Loete, Esq. Associate Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 24-095690 Notice of Pendency Page 4 of 4 5 of 6 FILED: SUFFOLK COUNTY CLERK 03/13/2024 08:52 AM INDEX NO. 606432/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/13/2024 REAL PROPERTY TAX SERVICE AGENCY VERIFICATION P S R CLA A 3/14/2024 StatlD: 5274319 Tax Map #'s: 0208-024.00-03.00-013.000 6 of 6