Motion for Writ in Mclp Asset Company, Inc. v. Dorothy Taveniere, John Doe| Trellis.Law

On March 25, 2024 a Complaint,Petition was filed involving a dispute between Mclp Asset Company, Inc., and Dorothy Taveniere, John Doe, for Real Property - Mortgage Foreclosure - Residential in the District Court of Rockland County.

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FILED: ROCKLAND COUNTY CLERK 03/25/2024 12:09 PM INDEX NO. 031584/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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SUMMONS
MCLP ASSET COMPANY, INC.

Plaintiff,
vs
MORTGAGED PREMISES:
DOROTHY TAVENIERE 406 Cedar Avenue
NYACK, NY 10960
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.

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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.

Rockland County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.

DATED: March 8, 2024

/s/ Ashley M Pascuzzi
Ashley M Pascuzzi, Esq
Gross Polowy LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel.: (716) 204-1700

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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COMPLAINT
MCLP ASSET COMPANY, INC.

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, MCLP ASSET COMPANY, INC. is incorporated under the laws of the
State of Delaware and the owner and holder of the subject note and mortgage or has been
delegated authority to institute this mortgage foreclosure action by the owner and holder 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 January 15, 2008, Dorothy Taveniere executed and delivered a note
whereby Dorothy Taveniere promised to pay the sum of $269,000.00 plus interest on the unpaid
amount due. The terms of the note were further modified.

3. As security for the payment of the note Dorothy Taveniere duly executed and
delivered a mortgage, in the amount of $269,000.00 which was recorded as follows.

Recording Date: January 24, 2008
Instrument Number 2008-00003823
Office of the Rockland County Clerk

The mortgage was subsequently assigned to HSBC Mortgage Corporation USA.

The mortgage was subsequently assigned to HSBC Bank USA, N.A..

The mortgage was assigned by a corrective assignment to HSBC Mortgage Corporation

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(USA).

The mortgage was subsequently assigned to Federal National Mortgage Association.

The mortgage was subsequently assigned to PROF-2013-S3 Legal Title Trust II, by U.S.
Bank National Association, as Legal Title Trustee.

The mortgage was subsequently modified by a Loan Modification Agreement executed
by Dorothy Taveniere on May 25, 2018 and any mortgage taxes will be paid as required on the
modified amount.

The mortgage was assigned to NJCC-NYS Community Restoration Fund LLC.

The mortgage was subsequently modified by a Loan Modification Agreement executed
by Dorothy Taveniere on February 22, 2021 and any mortgage taxes will be paid as required on
the modified amount.

The mortgage was assigned to GOLDMAN SACHS MORTGAGE COMPANY.

The mortgage was subsequently assigned to MCLP ASSET COMPANY INC.

4. The mortgaged property is known as 406 Cedar Avenue, NYACK, NY 10960. The
tax map designation is Section 60.13 Block 1 Lot 42 . 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. Dorothy Taveniere failed to comply with the conditions of the note and mortgage by
not making the payment that was due on October 1, 2021 and subsequent payments.

6. There is now due and owing on the note and mortgage the following amounts:

Principal Balance: $377,105.82
Interest Rate: 5%
Date Interest Accrues from: September 1, 2021

There is now further due and owing on said mortgage the following deferred amount:

Deferred Balance:$172,569.08
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

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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.

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 Dorothy Taveniere, 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

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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: March 8, 2024

/s/ Ashley M Pascuzzi
Ashley M Pascuzzi, Esq.
Gross Polowy LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel.:(716) 204-1700

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FILED: ROCKLAND COUNTY CLERK 03/25/2024 12:09 PM INDEX NO. 031584/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024

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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MIN: NOTE Loan Number :

JANUARY 15, 200 8 ELKRIDGE MARYLAND
(Datel [Chyl [Sadel

40 6 CEDAR AVENUE, NYACK, NEW YORK 10960
Addrem]
[Property

1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I prondse to pay U.S. $ 2 69, 000 . 00 (this amount is
called "Principal"), plus interest, to the order of the Lender. The Lender is CASTLE POINT
MORTGAGE, INC. , A MARYLAND CORPORATION (C FL # 7981) .
I will make all paymentsunder this Note in the form of cash, check or money order.
I understandthat theLeader may transfer this Note. The Leader or anyonewho takesthis Note by transfer and
Holder."
who is entitled to receive paymentsunder this Note is caHedthe "Note

2. INTEREST
Interestwill be chargedon unpaidprincipal until the full amountof Principal hasbeenpaid. I will pay interest
at a yearly rate of 8 . 12 5 0
The interest rate required by this Secdon2 is the rate I will pay both before and after any default describedin
Section 6(B) of this Note.

3. PAYMENTS
(A) Time and Place of Payments
I wiR pay principal and interest by making a payment every month.
I will make my monthly paymenton the 1st day of eachmonth beginning on MARCH 1 ,
200 8 . I will make thesepaymentsevery month until I have paid all of the principal and interest and any other
chargesdescribedbelow that I may owe under this Note. Each monthly paymentwill be applied asof its scheduled
due date and will be applied to interest before Principal. If, on FEBRUARY 1, 2 038 , I still owe
amountsunder this Note, I will pay thoseamountsin full on that date, which is called the "Maturity Date."
I will make my monthly paymentsat 7 ENTIN ROAD, PARSIPPANY , NEW JERSEY
07054
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly paymentwill be in the amountof U.S. $ 1, 997 . 32 .

4. BORROWER'S RIGHT TO PREPAY
I have the right to make paymentsof Principal 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 designatea paymentas a Prepaymentif I have not madeall the monthly paymentsdue under the Note.
I may makea full Prepaymentor partial Prepaymentswithout paying a Prepaymentcharge. The Note Holder
will use my Prepaymentsto reducethe amountof 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, hefore applying my
Prepaymentto reducethe Principal amount of the Note. If I makea partial Prepayment, there wlil be no changesin
the due date or in the amountof my monthly payment unlessthe Note Holder agreesin ting to thosechanges.

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BY
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Form3233 101 Page1 of 3

Ny323311.not

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FILED: ROCKLAND COUNTY CLERK 03/25/2024 12:09 PM INDEX NO. 031584/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024

5. LOAN CHARGES
If a law, which applies to this loan and which setsmaximum loan charges, is finally interpreted so that the
interest or other loan chargescollected or to be collected in connectionwith this loan exceedthe permitted limits,
then: (a) any such loan chargeshall be reducedby the amount necessaryto reducethe chargeto the permitted limit:
and (b) any sums already collected from me which exceededpermitted limits will be refunded to me. The Note
Holder may chooseto makethis refund by reducing the Principal l owe underthis Note or by making a direct payment
to me. If a refund reduces Principal, the reduction will be treatedas 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
calendardays after the date it is due, I will pay a late chargeto the Note Holder. The amountof the chargewill be
2 . O00 % of my overdue paymentof principal and interest. I will pay this late charge promptly but only
once on eachlate payment.
(B) Default
If I do not pay the full amount of each monthly paymenton the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may sendme 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 amountof Principal which has
not beenpaid and all the interestthat I owe on that amount. That datemust be at least30 days after the dateon 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 doesnot require me to pay immediately in full as
described above, the Note Holder will still havethe 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 hasrequired me to pay immediately in full as described above, the Note Holder will have
the right to bepaid back by me for all of its costsand expensesin enforcing this Note to the extent not prohibited by
applicablelaw. Those expensesinclude, for example, reasonableattorneys' fees.

7. GIVING OF NOTICES
Unless applicablelaw requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first classmail to me at the Property Addressaboveor 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 classmail to the Note Holder at the addressstatedin Section 3(A) aboveor at a different addressif I am
given a notice of that different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more thanonepersonsignsthis Note, eachpersonis fully and personally obligatedto keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any personwho is a guarantor, surety or
endorserof this Note is also obligated to do thesethings. Any personwho takes over theseobligations, including
the obligations of a guarantor, surety or endorserof this Note, is also obligated to keep all of the promisesmadein
this Note. The Note Holder may enforce its rights under this Note againsteachperson individually or againstall of
us together. This meansthat any one of us may be required to pay all of the amountsowed under this Note.

9. WAlVERS
I and any other person who has obligations under this Note waive the rights of Presentmentand Notice of
Dishonor. "Presentment" meansthe right to require the Note Holder to demandpayment of amountsdue. "Notice
of Dishonor" meansthe right to require the Note Holder to give notice to other personsthat amountsdue have not
beenpaid.

NEWYORKFlXEDRATENOTE--SingleFamily DocMI c@|mms 800-64M3s2
FannieMae/Freddie
MacUNIFORM
INSTRUMENT www.docmagic.com
Form3233 1/o1 Page2 of 3

Ny323322.net

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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024

10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections
given to the Note Holder underthis Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"),
dated the samedate as this Note, protects the Note Holder from possiblelosseswhich might result if I do not keep
the promiseswhich I make in this Note. That Security Instrument describeshow and under what conditions I may
be required to make immediate paymentin full of all amountsI owe under this Note. Someof thoseconditions are
describedas follows:

Lender may require immediatepaymentin full of all SumsSecuredby this Security Instrument if all
or any part of the Property, or if any right in the Property, is sold or transferred without Leader's prior
written permission. If Borrower is not a natural personand a beneficial interest in Barrower is sold or
transferredwithout Lender's prior written permission, Lender alsomay require immediatepaymentin full.
However, this option shall not be exercisedby Lender if suchexerciseis prohibited by Applicable Law.
If Lender requires immediate payment in full under this Section 18, Lender will give me a notice
which statesthis requirement. The noticewill give meat least30 daysto makethe required payment. The
30-day period will begin on the datethe notice is given to me in the mannerrequired by Section 15 of this
Security Instrument. If Ida not makethe required paymentduring that period, Leader may act to enforce
its rights under this Security Instrument without giving me any further notice or demandfor payment.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.

(Seal) (Seal)
DOROTHY TAVENIERE .. -Borrower -Borrower

(Seal) (Seal)
-Borrower -Borrower

PAY TO THE ORDER :
HSBC MORTGAGE CORPORATION USA
WITHOUT RECOURS [Sign Original Only]
CAS TLE POINT GE, INC . , A MARYLAND CORPORAT ION

BY :

ITS: Stava Vanderbilt, Vice Presidst

NEWYORKFIXEDRATENOTE-SingleFamily Dodigagic45%manaooe4S13a2
FannieMae/Freddie
MacUNIFORM
INSTRUMENT . www.doctnagic.corn
Form3233 1/01 Page3 of 3

Ny323333.net

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Pay to the order of, without recourse

HSBC MORTGAGBCOP,PORaTION(USA)

By:
igflda Feliz, V.P) Secondary Marketire

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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 Village of Upper Nyack, Town of Clarkstown, County of
Rockland and State of New York, shown and designated as Lots numbered 225, 226, and 227 in
Section A on "Plan of the Nyack Land Company Property, Book 11 of Maps at Page 432 as Map
No. 43 and being more particularly bounded and described as follows;

BEGINNING at a point on the westerly side of Cedar Avenue, said point being the northeasterly
corner of the premises, being the southeasterly corner of lands now or formerly of Henry and
said point being distant southerly (as measured along the westerly side of Cedar Avenue) 48.00
feet from an iron pipe at the corner formed by the intersection of the southerly side of Elm Street
with the westerly side of Cedar Avenue and running thence;1. South 22° 37' 26" West along the
westerly side of Cedar Avenue 75.00 feet to the northeasterly corner of lands now or formerly of
Taylor and being the southeasterly corner of the premises, thence;

2. North 67° 22' 34? West along the southerly line of the premises and the northerly line of said
lands now or formerly of Taylor 100.00 feet to a point in the easterly line of lands now or
formerly of Zamorski, said point being the southwesterly corner of the premises and the
northwesterly corner of said lands now or formerly of Taylor, thence;

3. North 22° 37' 26" East along the westerly line of the premises and the easterly line of lands
now or formerly of Zamorski and Kopenhaver 75.00 feet to the northwesterly corner of the
premises and being the southwesterly corner of lands now or formerly of Henry, thence;

4. South 67° 22' 34" East along the northerly line of the premises and the southerly line of said
lands now or formerly of Henry 100.00 feet to the westerly side of Cedar Avenue and the point
or place of BEGINNING.

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Schedule C – Defendants

Dorothy Taveniere Borrower

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Schedule D – Defendants

NONE

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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MCLP ASSET COMPANY, INC.

Plaintiff,

vs.

DOROTHY TAVENIERE 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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March 25, 2024

Case Filing Date

March 25, 2024

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Complaint,Petition: Mclp Asset Company, Inc. v. Dorothy Taveniere, John Doe

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