Preview
FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
Federal Home Loan Mortgage Corporation, as Trustee for the Index #:
benefit of the Freddie Mac Seasoned Credit Risk Transfer Trust, Filed:
Series 2023-1
Plaintiff,
SUMMONS
-against-
Plaintiff designates Warren
County as the place of trial.
Cynthia Staunches, David Staunches, HSBC Bank Nevada NA, Venue is based upon the
Equable Ascent Financial, LLC, Cach, LLC, Glens Falls County in which the
Hospital, Capital One Bank (USA), N.A. and "JOHN DOE #1" mortgaged premises is
through "JOHN DOE #10", the last ten names being fictitious situated.
and unknown to the plaintiff, the person or parties intended
being the persons or parties, if any, having or claiming an
interest in or lien upon the mortgaged premises described in the
Complaint,
Defendants.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons,
exclusive of the day of service; or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York; or within sixty (60) days if it is the
United States of America. In case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the Complaint.
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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: Bay Shore, New York FRENKEL, LAMBERT, WEISS,
March 22, 2024 WEISMAN & GORDON, LLP
BY: Deana Cheli
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-099614-F00
TO:
Cynthia Staunches
196 Sanford Street,
Glens Falls, NY 12801
David Staunches
196 Sanford Street,
Glens Falls, NY 12801
HSBC Bank Nevada NA
1111 Town Center Drive
Las Vegas, NV 89144
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Equable Ascent Financial, LLC
1120 West Lake Cook Road Suite B
Buffalo Grove, IL 60089
Cach, LLC
4340 South Manaco, Second Floor
Denver, CO 80238
Glens Falls Hospital
100 Park Street
Glens Falls, NY 12801
Capital One Bank (USA), N.A.
15000 Capital One Drive
Richmond, VA 23238
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
Federal Home Loan Mortgage Corporation, as Trustee for the
benefit of the Freddie Mac Seasoned Credit Risk Transfer Trust,
Series 2023-1 COMPLAINT
Plaintiff,
-against-
Cynthia Staunches, David Staunches, HSBC Bank Nevada NA,
Equable Ascent Financial, LLC, Cach, LLC, Glens Falls
Hospital, Capital One Bank (USA), N.A. and "JOHN DOE #1"
through "JOHN DOE #10", the last ten names being fictitious
and unknown to the plaintiff, the person or parties intended
being the persons or parties, if any, having or claiming an
interest in or lien upon the mortgaged premises described in the
Complaint,
Defendants.
The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,
complaining of the defendants herein allege, upon information and belief, as follows:
AS A FIRST CAUSE OF ACTION
1. That the plaintiff, Federal Home Loan Mortgage Corporation, as Trustee for the benefit of
the Freddie Mac Seasoned Credit Risk Transfer Trust, Series 2023-1, at all times hereinafter
mentioned was and still is a Domestic Corporation authorized to do business in the State of New
York.
2. On or about February 21, 2007, CYNTHIA STAUNCHES and DAVID STAUNCHES,
executed and delivered to Quicken Loans Inc. a note dated February 21, 2007 whereby CYNTHIA
STAUNCHES and DAVID STAUNCHES, promised to pay the principal sum of $170,500.00.
3. On or about February 21, 2007, CYNTHIA STAUNCHES and DAVID STAUNCHES,
executed and delivered to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee
for Quicken loans Inc., its successors and assigns a mortgage (hereinafter "mortgage") in the principal
sum of $170,500.00, with interest, mortgaging the premises known as 196 Sanford Street, Glens
Falls, NY 12801 (hereinafter "premises") as collateral security for the note. The mortgaged
premises is more fully described in EXHIBIT "A" annexed hereto.
4. The mortgage was duly recorded in the Office of the Clerk of the County of Warren on March
08, 2007 in Book 3211, page 166; Instrument Number 2007-00002394, and the recording tax was
duly paid. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated
March 14, 2022 and recorded April 22, 2022 in Book 6608 Page 259 Instrument # 2022-3332 which
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created a single lien in the amount of $199,341.01.
5. That plaintiff is in possession of the original note with a proper endorsement and/or allonge
and is therefore, the holder of both the note and mortgage, which passes as incident to the note.
6. Pursuant to the modified loan, CYNTHIA STAUNCHES and DAVID STAUNCHES,
promised to make consecutive monthly payments of principal and interest each month, in accordance
with the terms of the loan modification agreement, commencing May 01, 2022 and on the first day
of each succeeding month up to and including April 01, 2062 when the entire principal amount and
accrued interest shall be due and payable.
7. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee
can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold
payments or ground rents (if any), hazard insurance and mortgage insurance.
8. The mortgage further provides that in case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage
could declare the entire indebtedness secured by the mortgage immediately due and payable, and the
holder of the mortgage is empowered to sell the mortgaged premises according to law.
9. Cynthia Staunches and David Staunches failed to comply with the terms, covenants and
conditions of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on
September 01, 2023 and all subsequent payments due thereafter.
10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect
to declare the entire principal balance to be due and owing.
11. That there is now due and owing to the plaintiff under said note and mortgage the principal
sum of $163,693.02, as well as a deferred balance of $32,800.00, with interest thereon from August
01, 2023, plus late charges if applicable pursuant to the terms of the note and advances made by the
plaintiff on behalf of the defendant(s) and any other charges due and owing pursuant to the terms of
the note and mortgage.
12. Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of payment after the date of commencement of this action of any or all
of the defaults mentioned herein, and such election shall continue and remain effective.
13. In order to protect its security, the plaintiff may be compelled, during the pendency of this
action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges
and sewer rents which are or may become liens on the mortgaged premises, and other charges which
may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum
or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's
claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged
premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds
of the sale of the mortgaged premises.
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14. Upon information and belief all the defendants herein have or claim to have some interest
in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has
accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to
plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set
forth in "Schedule A" that is attached to this complaint.
15. No prior action has been brought to recover part of the mortgage debt.
16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and
regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable or unless exempt
from doing so.
17. Upon information and belief, plaintiff has complied with the provisions of Real Property
Actions and Proceedings Law §1304 and §1306 unless exempt from doing so.
18. That the plaintiff is now the owner and holder of the said note and mortgage securing the
same or has been delegated the authority to institute a mortgage foreclosure action by the owner and
holder of the subject mortgage and note or is the holder of the note and mortgage and has been
delegated the authority to institute a mortgage foreclosure action by the owner of the note and
mortgage.
19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has
been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or
delegation of authority by the owner of the subject note and mortgage.
20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises
consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure
provide for the parcels to be sold as one parcel.
21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts
that an inspection of the premises would disclose, any state of facts an accurate survey would show,
and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and
any violation thereof, any equity of redemption of the United States of America to redeem the
premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights
of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances
of the city, town or village in which said mortgaged premises lies and any violations thereof.
22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either
by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be
merged in plaintiff's cause(s) of action set forth in this Complaint, but that 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.
AS AND FOR A SECOND CAUSE OF ACTION
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23. The plaintiff repeats and realleges each and every allegation contained in paragraphs
designated 1 through 22.
24. The mortgage provides that in the event of default, the plaintiff may recover all costs,
including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any
action to protect its interest in the premises, including foreclosure of the mortgage.
WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows:
a) That the defendants and all persons claiming under them or any of them, subsequent
to the commencement of this action and to the filing of the Notice of Pendency of this action, may
be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged
premises;
b) That the mortgaged premises be sold in one parcel according to law subject to any
state of facts an accurate survey would show, any covenants, easements, encroachments, reservations,
and restrictions, violations and agreements of record, zoning regulations and ordinances of the city,
town, or village; wherein the premises is located, any state of facts a physical inspection will disclose,
rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens
and mortgages of record and any and all rights of the United States of America to redeem the subject
premises;
c) That the premises be sold in accordance with Title 28, Section 2410 of the United
State Code preserving all rights of redemption, if any, of the United States of America;
d) That the monies received from the sale be brought into Court and that plaintiff be paid
the amount adjudged to be due it with interest thereon to the time of such payment, together with late
charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer
rents, insurance premiums, sums expended for the protection or preservation of the property, together
with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this
action and any other necessary expenses to protect the lien of the mortgage to the extent that the
amount of such monies applicable thereto will pay the same;
e) That this Court, if requested, appoint a receiver of the rents and profits of said
premises, during the pendency of this action with the usual powers and duties;
f) That the defendant(s) obligated under the note be adjudged to pay any deficiency
which may remain after applying all of such monies as aforesaid in accordance with the law and
provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy
petition or that said defendant(s) obligated under the note have been relieved of responsibility for any
such deficiency.
g) That in the event 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 plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be
permitted to enforce said other lien(s) and/or seek determination or priority thereof in any
independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings;
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h) That plaintiff have such other and further relief in the mortgaged premises as may be
just and equitable.
Dated: Bay Shore, New York
March 22, 2024
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
By:
Deana Cheli
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-099614-F00
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Schedule A
Party Name Description
CYNTHIA STAUNCHES Obligor/Mortgagor/Owner
DAVID STAUNCHES Obligor/Mortgagor/Owner
HSBC BANK NEVADA NA Judgment Creditor
EQUABLE ASCENT FINANCIAL, LLC Judgment Creditor
CACH, LLC Judgment Creditor
GLENS FALLS HOSPITAL Judgment Creditor
CAPITAL ONE BANK (USA), N.A. Judgment Creditor
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NYSCEF DOC. NO. 1 HELP FOR HOMEOWNERS IN FORECLOSURE
RECEIVED NYSCEF: 03/25/2024
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 State Department of Financial Services at 1-877-226-5697 or visit
the Department's website at http://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 actions 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.
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CERTIFICATION BY ATTORNEY
Deana Cheli, an attorney duly admitted to practice law before the Courts of the State of New
York, an attorney with the firm of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorneys for
the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows:
I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the best
of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances,
the presentation of the within paper or the contentions therein are not frivolous as defined in
subsection (c) of section 130-1.1, including that the substance of the factual statements therein are
not false.
Dated: Bay Shore, New York
March 22, 2024
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
Deana Cheli
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-099614-F00
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Preview
FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN Federal Home Loan Mortgage Corporation, as Trustee for the Index #: benefit of the Freddie Mac Seasoned Credit Risk Transfer Trust, Filed: Series 2023-1 Plaintiff, SUMMONS -against- Plaintiff designates Warren County as the place of trial. Cynthia Staunches, David Staunches, HSBC Bank Nevada NA, Venue is based upon the Equable Ascent Financial, LLC, Cach, LLC, Glens Falls County in which the Hospital, Capital One Bank (USA), N.A. and "JOHN DOE #1" mortgaged premises is through "JOHN DOE #10", the last ten names being fictitious situated. and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service; or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty (60) days if it is the United States of America. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 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: Bay Shore, New York FRENKEL, LAMBERT, WEISS, March 22, 2024 WEISMAN & GORDON, LLP BY: Deana Cheli Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-099614-F00 TO: Cynthia Staunches 196 Sanford Street, Glens Falls, NY 12801 David Staunches 196 Sanford Street, Glens Falls, NY 12801 HSBC Bank Nevada NA 1111 Town Center Drive Las Vegas, NV 89144 2 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 Equable Ascent Financial, LLC 1120 West Lake Cook Road Suite B Buffalo Grove, IL 60089 Cach, LLC 4340 South Manaco, Second Floor Denver, CO 80238 Glens Falls Hospital 100 Park Street Glens Falls, NY 12801 Capital One Bank (USA), N.A. 15000 Capital One Drive Richmond, VA 23238 3 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN Federal Home Loan Mortgage Corporation, as Trustee for the benefit of the Freddie Mac Seasoned Credit Risk Transfer Trust, Series 2023-1 COMPLAINT Plaintiff, -against- Cynthia Staunches, David Staunches, HSBC Bank Nevada NA, Equable Ascent Financial, LLC, Cach, LLC, Glens Falls Hospital, Capital One Bank (USA), N.A. and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, complaining of the defendants herein allege, upon information and belief, as follows: AS A FIRST CAUSE OF ACTION 1. That the plaintiff, Federal Home Loan Mortgage Corporation, as Trustee for the benefit of the Freddie Mac Seasoned Credit Risk Transfer Trust, Series 2023-1, at all times hereinafter mentioned was and still is a Domestic Corporation authorized to do business in the State of New York. 2. On or about February 21, 2007, CYNTHIA STAUNCHES and DAVID STAUNCHES, executed and delivered to Quicken Loans Inc. a note dated February 21, 2007 whereby CYNTHIA STAUNCHES and DAVID STAUNCHES, promised to pay the principal sum of $170,500.00. 3. On or about February 21, 2007, CYNTHIA STAUNCHES and DAVID STAUNCHES, executed and delivered to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Quicken loans Inc., its successors and assigns a mortgage (hereinafter "mortgage") in the principal sum of $170,500.00, with interest, mortgaging the premises known as 196 Sanford Street, Glens Falls, NY 12801 (hereinafter "premises") as collateral security for the note. The mortgaged premises is more fully described in EXHIBIT "A" annexed hereto. 4. The mortgage was duly recorded in the Office of the Clerk of the County of Warren on March 08, 2007 in Book 3211, page 166; Instrument Number 2007-00002394, and the recording tax was duly paid. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated March 14, 2022 and recorded April 22, 2022 in Book 6608 Page 259 Instrument # 2022-3332 which 4 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 created a single lien in the amount of $199,341.01. 5. That plaintiff is in possession of the original note with a proper endorsement and/or allonge and is therefore, the holder of both the note and mortgage, which passes as incident to the note. 6. Pursuant to the modified loan, CYNTHIA STAUNCHES and DAVID STAUNCHES, promised to make consecutive monthly payments of principal and interest each month, in accordance with the terms of the loan modification agreement, commencing May 01, 2022 and on the first day of each succeeding month up to and including April 01, 2062 when the entire principal amount and accrued interest shall be due and payable. 7. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 8. The mortgage further provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage could declare the entire indebtedness secured by the mortgage immediately due and payable, and the holder of the mortgage is empowered to sell the mortgaged premises according to law. 9. Cynthia Staunches and David Staunches failed to comply with the terms, covenants and conditions of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on September 01, 2023 and all subsequent payments due thereafter. 10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 11. That there is now due and owing to the plaintiff under said note and mortgage the principal sum of $163,693.02, as well as a deferred balance of $32,800.00, with interest thereon from August 01, 2023, plus late charges if applicable pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and any other charges due and owing pursuant to the terms of the note and mortgage. 12. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of payment after the date of commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 13. In order to protect its security, the plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 5 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 14. Upon information and belief all the defendants herein have or claim to have some interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set forth in "Schedule A" that is attached to this complaint. 15. No prior action has been brought to recover part of the mortgage debt. 16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable or unless exempt from doing so. 17. Upon information and belief, plaintiff has complied with the provisions of Real Property Actions and Proceedings Law §1304 and §1306 unless exempt from doing so. 18. That the plaintiff is now the owner and holder of the said note and mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note or is the holder of the note and mortgage and has been delegated the authority to institute a mortgage foreclosure action by the owner of the note and mortgage. 19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or delegation of authority by the owner of the subject note and mortgage. 20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and any violations thereof. 22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be merged in plaintiff's cause(s) of action set forth in this Complaint, but that 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. AS AND FOR A SECOND CAUSE OF ACTION 6 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 23. The plaintiff repeats and realleges each and every allegation contained in paragraphs designated 1 through 22. 24. The mortgage provides that in the event of default, the plaintiff may recover all costs, including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises, including foreclosure of the mortgage. WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows: a) That the defendants and all persons claiming under them or any of them, subsequent to the commencement of this action and to the filing of the Notice of Pendency of this action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; b) That the mortgaged premises be sold in one parcel according to law subject to any state of facts an accurate survey would show, any covenants, easements, encroachments, reservations, and restrictions, violations and agreements of record, zoning regulations and ordinances of the city, town, or village; wherein the premises is located, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record and any and all rights of the United States of America to redeem the subject premises; c) That the premises be sold in accordance with Title 28, Section 2410 of the United State Code preserving all rights of redemption, if any, of the United States of America; d) That the monies received from the sale be brought into Court and that plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums, sums expended for the protection or preservation of the property, together with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this action and any other necessary expenses to protect the lien of the mortgage to the extent that the amount of such monies applicable thereto will pay the same; e) That this Court, if requested, appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; f) That the defendant(s) obligated under the note be adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in accordance with the law and provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy petition or that said defendant(s) obligated under the note have been relieved of responsibility for any such deficiency. g) That in the event 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 plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; 7 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 h) That plaintiff have such other and further relief in the mortgaged premises as may be just and equitable. Dated: Bay Shore, New York March 22, 2024 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP By: Deana Cheli Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-099614-F00 8 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 Schedule A Party Name Description CYNTHIA STAUNCHES Obligor/Mortgagor/Owner DAVID STAUNCHES Obligor/Mortgagor/Owner HSBC BANK NEVADA NA Judgment Creditor EQUABLE ASCENT FINANCIAL, LLC Judgment Creditor CACH, LLC Judgment Creditor GLENS FALLS HOSPITAL Judgment Creditor CAPITAL ONE BANK (USA), N.A. Judgment Creditor 9 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 HELP FOR HOMEOWNERS IN FORECLOSURE RECEIVED NYSCEF: 03/25/2024 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 State Department of Financial Services at 1-877-226-5697 or visit the Department's website at http://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 actions 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. 10 of 11 FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM INDEX NO. EF2024-72440 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 CERTIFICATION BY ATTORNEY Deana Cheli, an attorney duly admitted to practice law before the Courts of the State of New York, an attorney with the firm of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorneys for the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows: I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within paper or the contentions therein are not frivolous as defined in subsection (c) of section 130-1.1, including that the substance of the factual statements therein are not false. Dated: Bay Shore, New York March 22, 2024 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP Deana Cheli Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-099614-F00 11 of 11