Preview
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
SUPREME COURT OF TFTE STATE OF NEW YORK INDEX NO.
COUNTY OF SUFFOLK
THE MONEY SOUR E, INC..
Plaintiff designates SUFFOLK as the place of
Plaintiff, trial situs of the real property
vs.
SUMMONS
253H, LLC; RASHANDA Y. GAMBLE A/K/A
RASHANDA YVETTE GAMBLE, AS Subject Property:
ADMINISTRATRIX OF THE ESTATE OF 253 HAMPTON AVENUE
DAMON GAMBLE; RASHANDA Y. GAMBLE EAST PATCHOGUE, NY 11772
A/K/A RASHANDA YVETTE GAMBLE, AS
HEIR AND DISTRIBUTEE OF THE ESTATE OF
DAMON GAMBLE; HEIRS AND
DISTRIBUTEES OF THE ESTATE OF DAMON
GAMBLE; SECRETARY OF HOUSING AND
URBAN DEVELOPMENT; PEOPLE OF THE
STATE OF NEW YORK; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE;
UNITED STATES OF AMERICA,
#1" #12,"
"JOHN DOE through "JOHN DOE the
last twelve namesbeing fictitious and unknown to
plaintiff, the persons or patics intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
To the above named Defendants
YOU ARE IIEREBY SUMMONED to answer the coluplaint 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
Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete if this summons is not personally delivered to you within the
State of New York) in the event the United States of America is made a party defendant, the time to answer
for the said United States of America shall not expire until (60) days after service of the Summons; and in
case of your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
ElllMIIIIIMIlilllllHIMill EllllIllIINIllMillIllIIMillIllglII IIIIllllARIllEHIIIIllll[III
24-194051 - Drafter: Jennifer Galczynski
jg
1 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
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 defanIt judgment may be entered and you can lose your homes
Speak to an attorney or go to the court wherz your case is pending for further information on how
to answer the summons and protect your property.
Sending a payrnent to the mortgage company will not stop the 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.
Please take further notice that any right you may have pmsuant to the Fair Debt Collection Practices Act
to dispute the validity or amount of the debt does not change the time within which you must answer this
summons and complaint. You must follow the instructions contained in the summons even if you dispute
the validity or amount of the debt.
Dated: Mash 18, 2024
Robertson, Anse Schneid,
Crane & P rs, LLC
Attomey f lainti
BY
[ RA Z ISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ
[ ] SCOTT R. WEISS, ESQ.
[ ] KELLY R. FABER, ESQ.
900 Meshants Concourse, Suite 310
Westbury, NY 11590
516«280-7675
24-194051 - Drafter Jennifer Galczynski
jg
2 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
Help for Homeowners in Foreclosure
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 (enter number) or
visit the Department's website at (enter web address).
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.
Page 1 of 2
3 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
Foreclosure rescue scams
Be careful of people who approach you with offers to “save” 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.
Page 2 of 2
4 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
INDEX NO.
THE MONEY SOURCE INC.,
COMPLAINT
Plaintiff,
vs, Subject Property:
253 HAMPTON AVENUE
EAST PATCHOGUE, NY 11772
253H, LLC; RASIIANDA Y. GAMBLE A/K/A
RASHANDA YVETTE GAMBLE, AS
ADMINISTRATRIX ðF THE ESTATE OF DAMON
GAMBLE; RASHANDA Y. GAMBLE A/K/A
RASHANDA YVETTE GAMBLE AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF DAMON
GAMBLE; HEIRS AND DISTRIBUTEES OF THE
ESTATE OF DAMON GAMBLE: SECRETARY OF
HOUSING AND URBAN DEVELOPMENT; PEOPLE
OF THE STATE OF NEW YORK; NEW YORK
STATE DEPARTMENT OF TAXATION AND
FINANCE; UNITED STATES OF AMERICA,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Deferidarits.
The complaint of the above-named plaintiff, by Robertson, Auschutz, Schneid, Crane & Partners,
PLLC, its attorneys, alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiff is organized under the laws of the United States of America or its state of formation,
2. On August 11, 2016, DAMON GAMBLE duly executed and delivered a note, A copy of said
note is annexed hereta
111111111111111111111111[1111111IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIllIIlllIIIII IIIllIIIIIIIIIIIIIIIIIIIIIIIII
24-194051 - Drafter: Jennifer Gatezynski
jg
5 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
3. Plaintiff, directly or through an agent has complied with all applicable laws in an attempt to
establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff
has possession and control of the original note and mortgage, which note is secured by the mortgagq
identiñed below, and the said note is either inade payable to Plaintiff er is duly indorsed in blank. To the
extent that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the
right to foreclose the subject note-and mortgage pursuant to New York law.
4. DAMON GAMBLE, duly executed and delivered a mortgage securing the amounts owed by
DAMON GAMBLE, up to a maximum principal amount of $322,500.00, which mortgage was recorded
as follows and the mortgage tax thereon was duly paid:
Recording Date: September 9, 2016
County: Suffolk
Liber M00022734 Page 975
Said mortgage-was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the
Bling of the complaint. A copy of said mortgage is annexed hereto.
5. Said mortgage secured the real property known as 253 HAMPTON AVENUE, EAST
PATCHOGUE, NEW YORK 11772 and by District 0200, Section 958,00, Block 03.00, Lot 026.000
together with all fixtures and articles of personal property annexed to, installed in, or used in connection
with the mortgaged premises, all as is more fully set forth in said mortgage. A copy of the legal
description is set forth on Schedule A annexed
6. DAMON GAMBLE also executed and delivered to plaintiff a Home Equity Conversion Loan
Agreement, which provided for the payment of the sums secured by the mortgage.
7. Plaintiff has complied with all conditions precedent contained in the mortgage, if any, including
but not limited to, sending a noting to cure default to the mortgagors as set forth in the mortgage.
8. Plaintiff declares the full amount payable under the note and mortgage to be now due.
9. Plaintiff alleges as the basis of default under the terms of the note, mortgage.and, if applicable,
the Home Equity Conversion Loan Agreement:
24-194051 - Drafter: Jennifer Gatezynski
jg
6 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
X A Bonower has died and the Property is not the principal residence of at least one.
surviving Borrower,
All of a Borrower's title in the Property (or his or her beneficial interest in a trust
owning all or part of the Pmperty) has been sold or otherwise transferred and no other
Borrower retains (a} tiye to the Property in fee simple, (b) a leasehold under a lease for
not less than 99 years which is renewable or a lease having a remaining period of not
less than 50 years beyond the date of the 100th birthday of the youngest Borrower, or
(c) a life estate in the Property (or a beneficial interest in a trust with such an interest in
the Property)
____ The Property has ceased to be the principal esidence of Borrower for reasons other
than death, and the Property is not the principal residence of at least one other
Borrower.
____ For a period of longer than twelve (12) consecutive months, a Borrower has failed to
physically occupy the Property because of physical or mental illness and the Property is
not the principal residence of at least one other Borrower
The Borrower has failed to submit a required certificate of occupancy.
____ The Borrower has failed to make required payments for taxes, property insurance
and/or water/sewer charges.
__ The Borrower has failed to maintain the property.
____ The Borrower has failed to comply with an obligation under the. Security as follows:
10. To the extent applicable, Plaintiff has complied with RPAPL 1304 and RPAPL 1306.
1 1. To the extent applicable, Plaintiff has complied with RPL 280-b and RPL 280-d.
12. To the extent applicable, 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.
13, Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to
institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
14. The default has continued beyond the applicable grace. period set forth in the mortgage, and by
reason thereof, plaintiff has elected and hereby elects to declare immediately due and payable.the entire
unpaid balance of principal.
15. As of March 12, 2024 there is due and owing to the plaintiff, the total sum of $314,525.78.
Pursuant to the terms of the mortgage, the amount due and owing is subject to change as the sums as
provided for in the note, mortgage and, if applicable, the Home Equity Conversion Loan Agreement are
added to and become part of the unpaid principal balance.
24-194051 - Drafter: Jennifer Gatczynski
jg
7 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
16. In order to obtain a current payoff quote, or reinstatement quote if the loan is eligible to be
reinstated, you may email your request to Robertson, Anschutz, Schneid, Crane & Partners, PLLC at
nyrein.payoff@rastg.com or call (5I6) 280-7675 ext. 2888.
17. That plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of this action, of any or
all of the defaults mentioned herein; and such clection shall continue and remain effective until the costs
and disbursements of this action, and any and all future defaults under the aforesaid bond or note and
mortgage, and occurring prior to the discontinuance of this action are fully paid.
18. That to protect its security affbrded by said bond or note and mortgage. it may be necessary for
the plaintiff to pay taxes, assessments and water rates which are, or may become liens.on the mortgaged
premises, and any other charges for the protection of the premises, and plaintitT hereby demands that any
amounts which may be so expended shall be added to the amount of the principal sum secured by said
bond or note and mortgage, together with interest from the time of any such payment, and that the same
be paid to the plaintiff from the proceeds of the foreclosure sale herein.
19. That the plaintiff alleges that no other proceedings have been had for the recovery of the
mortgage indebtedness or if any such action is pending, a final judgment was not rendered in favor of
Plaintiff and such action is intended to be discontinued.
20. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in,
or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and
subordinate to the lien of the mortgage being foreclosed.
defendants' "B"
21. The description of cach of the named party interest is set out on Schedule
annexed.
"C"
22. The interest or lien of each of the named party defendants, if any, is set forth in Schedule
anneXed.
23. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable
attorneys'
fees incurred by plaintiff to protect or ertforce plaintiff's security interest in the prenlises.
24-194051 - Drafter: Jennifer Gatczynski
jg
8 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
24. That the sale of the mortgaged premises and title thereto are subject to the state of facts an
accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of
reco4 and to any and all violations thereof; any and all building and zoning-regulations, restrictions and
ordinances of the municipality in which said premises are situated, and to any violations of the same,
including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or
requirements issued by any governmental body having jurisdiction against or affecting said premises and
any violation of the same; the physical condition of any building or structure on the premises as of the
date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any,
now liens of record; right of Redemption of United States of America, if any; rights of any defendants
pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all
Hazardous Materials in the prernises including, but not limited to, flammable explosives, radioactive
materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other
conditions as set forth in the terms of sale more particularly to be announced at the sale.
AS AND FOR A SECOND CAUSE OF ACTION
25. Plaintiff repeats and re-alleges each and every allegation contained in paragraph 1 through 24 as
though fully set forth herein.
26. By mutual mistake of the mortgagor and mortgagee the subject mortgage to be foreclosed,
recorded in the Office of the Clerk of the County of Suffolk on September 9, 2016 in Liber M00022734 at
Page 975, was recorded with a partially incorrect legal description, whereas the correct legal description
is set forth in the legal description attached hereto as "Schedule A".
A"
27. The legal description attached hereto at "Schedule contains the correct legal description for
the subject property 253 HAMPTON AVENUE, EAST PATCHOGUE, NY 11772 ahd known as District
0200, Section 958,00, Block 03.00, Lot 026.000.
28. The description contained in the said mortgage being foreclosed should be refonned to match the
A"
legal description recited in "Schedule annexed. Plaintiff demands judgment directing the Clerk of
24-194051 - Drafter: Jennifer Gatezynski
jg
9 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
SUFFOLK County to reform its records to reflect that the mortgage contain the legal description annexed
hereto as "Schedule A".
THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY
24-194051 - Drafter: Jennifer Gatezynski
jg
10 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
WHEREFORE plaintiff demands judgment against the defendants as follows:
On its first cause of action,
A. The defendants and each of them, and all persons claiming under them, or any of
them subsequent to the commencement of this action and the filing of the Notice of Pendency
thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey
will show; all covenants, restrictions, easements, agreements and reservations, if any, of record,
and to any and all violations thereof; any and all building and zoning regulations, restrictions and
ordinances of the municipality in which said premises are situated, and to any violations of the
same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any
and all prders or requirements issued by any govemmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of any building or
structure on the premises as of the date of closing hereunder; rights of tenants in possession, if
any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United
States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section
2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including,
but rrot limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set forth in the terms
of sale more particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law subject to
the various items set forth in allegations of the complaint herein;
D. The monies arising from the sal.e may be brought into court;
E. Plaintiff may be paid the amount due on said note and mortgage as alleged
herein, together with interest to the time of such payment, together with the sums expended by
plaintiff prior to and during the pendency of this action, and for thirty days after any sale
demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other
necessary and essential charges or expenses in connection therewith to protect the mortgage lien,
plus any sums expended for the protection or preservation of the property covered by said
mortgage and note, and the amount secured thereby, with interest thereon from the time of such
24-194051 - Drafter: Jennifer Gatezynski
jg
11 of 12
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024
attomeys'
payment and the costs and expenses of this action including reasonable fees so far as
the amount of such monies properly applicable thereto wÏll pay the same;
F. The plaintiff be decreed to be the owner of any and all personal property used in
connection with the said mortgaged premises, except if discharged in bankruptcy;
G. awarding the relief requested in the additional causes of action stated in the
complaint, if any;
On its second cause of action,
Plaintiff demands judgment reforming
Preview
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 SUPREME COURT OF TFTE STATE OF NEW YORK INDEX NO. COUNTY OF SUFFOLK THE MONEY SOUR E, INC.. Plaintiff designates SUFFOLK as the place of Plaintiff, trial situs of the real property vs. SUMMONS 253H, LLC; RASHANDA Y. GAMBLE A/K/A RASHANDA YVETTE GAMBLE, AS Subject Property: ADMINISTRATRIX OF THE ESTATE OF 253 HAMPTON AVENUE DAMON GAMBLE; RASHANDA Y. GAMBLE EAST PATCHOGUE, NY 11772 A/K/A RASHANDA YVETTE GAMBLE, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAMON GAMBLE; HEIRS AND DISTRIBUTEES OF THE ESTATE OF DAMON GAMBLE; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; PEOPLE OF THE STATE OF NEW YORK; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA, #1" #12," "JOHN DOE through "JOHN DOE the last twelve namesbeing fictitious and unknown to plaintiff, the persons or patics intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. To the above named Defendants YOU ARE IIEREBY SUMMONED to answer the coluplaint 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 Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. ElllMIIIIIMIlilllllHIMill EllllIllIINIllMillIllIIMillIllglII IIIIllllARIllEHIIIIllll[III 24-194051 - Drafter: Jennifer Galczynski jg 1 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 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 defanIt judgment may be entered and you can lose your homes Speak to an attorney or go to the court wherz your case is pending for further information on how to answer the summons and protect your property. Sending a payrnent to the mortgage company will not stop the 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. Please take further notice that any right you may have pmsuant to the Fair Debt Collection Practices Act to dispute the validity or amount of the debt does not change the time within which you must answer this summons and complaint. You must follow the instructions contained in the summons even if you dispute the validity or amount of the debt. Dated: Mash 18, 2024 Robertson, Anse Schneid, Crane & P rs, LLC Attomey f lainti BY [ RA Z ISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ [ ] SCOTT R. WEISS, ESQ. [ ] KELLY R. FABER, ESQ. 900 Meshants Concourse, Suite 310 Westbury, NY 11590 516«280-7675 24-194051 - Drafter Jennifer Galczynski jg 2 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 Help for Homeowners in Foreclosure 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 (enter number) or visit the Department's website at (enter web address). 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. Page 1 of 2 3 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 Foreclosure rescue scams Be careful of people who approach you with offers to “save” 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. Page 2 of 2 4 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX NO. THE MONEY SOURCE INC., COMPLAINT Plaintiff, vs, Subject Property: 253 HAMPTON AVENUE EAST PATCHOGUE, NY 11772 253H, LLC; RASIIANDA Y. GAMBLE A/K/A RASHANDA YVETTE GAMBLE, AS ADMINISTRATRIX ðF THE ESTATE OF DAMON GAMBLE; RASHANDA Y. GAMBLE A/K/A RASHANDA YVETTE GAMBLE AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAMON GAMBLE; HEIRS AND DISTRIBUTEES OF THE ESTATE OF DAMON GAMBLE: SECRETARY OF HOUSING AND URBAN DEVELOPMENT; PEOPLE OF THE STATE OF NEW YORK; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Deferidarits. The complaint of the above-named plaintiff, by Robertson, Auschutz, Schneid, Crane & Partners, PLLC, its attorneys, alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiff is organized under the laws of the United States of America or its state of formation, 2. On August 11, 2016, DAMON GAMBLE duly executed and delivered a note, A copy of said note is annexed hereta 111111111111111111111111[1111111IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIllIIlllIIIII IIIllIIIIIIIIIIIIIIIIIIIIIIIII 24-194051 - Drafter: Jennifer Gatezynski jg 5 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 3. Plaintiff, directly or through an agent has complied with all applicable laws in an attempt to establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff has possession and control of the original note and mortgage, which note is secured by the mortgagq identiñed below, and the said note is either inade payable to Plaintiff er is duly indorsed in blank. To the extent that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note-and mortgage pursuant to New York law. 4. DAMON GAMBLE, duly executed and delivered a mortgage securing the amounts owed by DAMON GAMBLE, up to a maximum principal amount of $322,500.00, which mortgage was recorded as follows and the mortgage tax thereon was duly paid: Recording Date: September 9, 2016 County: Suffolk Liber M00022734 Page 975 Said mortgage-was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the Bling of the complaint. A copy of said mortgage is annexed hereto. 5. Said mortgage secured the real property known as 253 HAMPTON AVENUE, EAST PATCHOGUE, NEW YORK 11772 and by District 0200, Section 958,00, Block 03.00, Lot 026.000 together with all fixtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged premises, all as is more fully set forth in said mortgage. A copy of the legal description is set forth on Schedule A annexed 6. DAMON GAMBLE also executed and delivered to plaintiff a Home Equity Conversion Loan Agreement, which provided for the payment of the sums secured by the mortgage. 7. Plaintiff has complied with all conditions precedent contained in the mortgage, if any, including but not limited to, sending a noting to cure default to the mortgagors as set forth in the mortgage. 8. Plaintiff declares the full amount payable under the note and mortgage to be now due. 9. Plaintiff alleges as the basis of default under the terms of the note, mortgage.and, if applicable, the Home Equity Conversion Loan Agreement: 24-194051 - Drafter: Jennifer Gatezynski jg 6 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 X A Bonower has died and the Property is not the principal residence of at least one. surviving Borrower, All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Pmperty) has been sold or otherwise transferred and no other Borrower retains (a} tiye to the Property in fee simple, (b) a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower, or (c) a life estate in the Property (or a beneficial interest in a trust with such an interest in the Property) ____ The Property has ceased to be the principal esidence of Borrower for reasons other than death, and the Property is not the principal residence of at least one other Borrower. ____ For a period of longer than twelve (12) consecutive months, a Borrower has failed to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower The Borrower has failed to submit a required certificate of occupancy. ____ The Borrower has failed to make required payments for taxes, property insurance and/or water/sewer charges. __ The Borrower has failed to maintain the property. ____ The Borrower has failed to comply with an obligation under the. Security as follows: 10. To the extent applicable, Plaintiff has complied with RPAPL 1304 and RPAPL 1306. 1 1. To the extent applicable, Plaintiff has complied with RPL 280-b and RPL 280-d. 12. To the extent applicable, 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. 13, Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 14. The default has continued beyond the applicable grace. period set forth in the mortgage, and by reason thereof, plaintiff has elected and hereby elects to declare immediately due and payable.the entire unpaid balance of principal. 15. As of March 12, 2024 there is due and owing to the plaintiff, the total sum of $314,525.78. Pursuant to the terms of the mortgage, the amount due and owing is subject to change as the sums as provided for in the note, mortgage and, if applicable, the Home Equity Conversion Loan Agreement are added to and become part of the unpaid principal balance. 24-194051 - Drafter: Jennifer Gatczynski jg 7 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 16. In order to obtain a current payoff quote, or reinstatement quote if the loan is eligible to be reinstated, you may email your request to Robertson, Anschutz, Schneid, Crane & Partners, PLLC at nyrein.payoff@rastg.com or call (5I6) 280-7675 ext. 2888. 17. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such clection shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid. 18. That to protect its security affbrded by said bond or note and mortgage. it may be necessary for the plaintiff to pay taxes, assessments and water rates which are, or may become liens.on the mortgaged premises, and any other charges for the protection of the premises, and plaintitT hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said bond or note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein. 19. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 20. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed. defendants' "B" 21. The description of cach of the named party interest is set out on Schedule annexed. "C" 22. The interest or lien of each of the named party defendants, if any, is set forth in Schedule anneXed. 23. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable attorneys' fees incurred by plaintiff to protect or ertforce plaintiff's security interest in the prenlises. 24-194051 - Drafter: Jennifer Gatczynski jg 8 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 24. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of reco4 and to any and all violations thereof; any and all building and zoning-regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the prernises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. AS AND FOR A SECOND CAUSE OF ACTION 25. Plaintiff repeats and re-alleges each and every allegation contained in paragraph 1 through 24 as though fully set forth herein. 26. By mutual mistake of the mortgagor and mortgagee the subject mortgage to be foreclosed, recorded in the Office of the Clerk of the County of Suffolk on September 9, 2016 in Liber M00022734 at Page 975, was recorded with a partially incorrect legal description, whereas the correct legal description is set forth in the legal description attached hereto as "Schedule A". A" 27. The legal description attached hereto at "Schedule contains the correct legal description for the subject property 253 HAMPTON AVENUE, EAST PATCHOGUE, NY 11772 ahd known as District 0200, Section 958,00, Block 03.00, Lot 026.000. 28. The description contained in the said mortgage being foreclosed should be refonned to match the A" legal description recited in "Schedule annexed. Plaintiff demands judgment directing the Clerk of 24-194051 - Drafter: Jennifer Gatezynski jg 9 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 SUFFOLK County to reform its records to reflect that the mortgage contain the legal description annexed hereto as "Schedule A". THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY 24-194051 - Drafter: Jennifer Gatezynski jg 10 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 WHEREFORE plaintiff demands judgment against the defendants as follows: On its first cause of action, A. The defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all prders or requirements issued by any govemmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but rrot limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sal.e may be brought into court; E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such 24-194051 - Drafter: Jennifer Gatezynski jg 11 of 12 FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:15 PM INDEX NO. 608388/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/03/2024 attomeys' payment and the costs and expenses of this action including reasonable fees so far as the amount of such monies properly applicable thereto wÏll pay the same; F. The plaintiff be decreed to be the owner of any and all personal property used in connection with the said mortgaged premises, except if discharged in bankruptcy; G. awarding the relief requested in the additional causes of action stated in the complaint, if any; On its second cause of action, Plaintiff demands judgment reforming