Preview
FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JPMorgan Chase Bank, National Association, SUMMONS
Plaintiff, INDEX NO.:
vs. MORTGAGED PREMISES:
Kashmir Singh; Harbans Singh; Narinder Kaur; 96 Brighton 11th Street
United States of America o/b/o Internal Revenue Brooklyn, NY 11235
Service; Santander Bank N.A.; Itria Ventures,
LLC; New York City Environmental Control Block: 8707
Board; New York State Department of Taxation Lot: 413
and Finance; New York City Parking Violations
Bureau; New York City Transit Adjudication
Bureau; John Doe #1 through #6, and Jane Doe #1
through #6, the last twelve names being fictitious,
it being the intention of Plaintiff to designate any
and all occupants, tenants, persons or
corporations, if any, having or claiming an interest
in or lien upon the premises being foreclosed
herein,
Defendants.
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.
[THIS SPACE IS INTENTIONALLY LEFT BLANK]
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Kings County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
April 9, 2024
Date:_________________ By: ______________________
Christhie Montero, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff,
JPMorgan Chase Bank, National Association
File No. 24-16894NY
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Special Summons Requirement Pursuant to RPAPL §1320
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.
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NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DÍAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICIÓN
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACÍON.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
O
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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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 1-877-BANK-NYS (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
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.
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NOTICE TO TENANTS OF BUILDINGS IN
FORECLOSURE
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
We, JPMorgan Chase Bank, N.A., are the foreclosing party and are located at 3415
Vision Drive, Columbus, OH 43219. We can be reached at (800) 446-8939.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the lease
requires payment of rent that at the time it was entered into was not substantially
less than the fair market rent for the property, you may be entitled to remain in
your home until 90 days after any person or entity who acquires title to the
property provides you with a notice as required by section 1305 of the Real
Property Actions and Proceedings Law. The notice shall provide information
regarding the name and address of the new owner and your rights to remain in
your home. These rights are in addition to any others you may have if you are a
subsidized tenant under federal, state or local law or if you are a tenant subject to
rent control, rent stabilization or a federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS
ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO
EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED
BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN
RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO
BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE
BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY
OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND
AFTER A FULL HEARING IN COURT.
If you need further information, please call the New York State Department of
Financial Services toll-free helpline at 1-877-BANK-NYS (1-877-226-5697) or visit
the Department's website at http://www.dfs.ny.gov.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JPMorgan Chase Bank, National Association, COMPLAINT FOR MORTGAGE
FORECLOSURE
Plaintiff,
INDEX NO.:
vs.
MORTGAGED PREMISES:
Kashmir Singh; Harbans Singh; Narinder Kaur;
United States of America o/b/o Internal Revenue
96 Brighton 11th Street
Service; Santander Bank N.A.; Itria Ventures,
Brooklyn, NY 11235
LLC; New York City Environmental Control
Board; New York State Department of Taxation
Block: 8707
and Finance; New York City Parking Violations
Lot: 413
Bureau; New York City Transit Adjudication
Bureau; John Doe #1 through #6, and Jane Doe #1
through #6, the last twelve names being fictitious,
it being the intention of Plaintiff to designate any
and all occupants, tenants, persons or
corporations, if any, having or claiming an interest
in or lien upon the premises being foreclosed
herein,
Defendants.
Plaintiff, JPMorgan Chase Bank, National Association (“Plaintiff”), by its Counsel, McCalla
Raymer Leibert Pierce, LLC, and for its Complaint against the above named Defendants, alleges as
follows:
1. Plaintiff, a national bank, organized under the laws of the United States of America, is
the owner and holder of the note and mortgage to be foreclosed in this action, or has been delegated the
authority to institute a mortgage foreclosure action by the owner and holder of the subject note and
mortgage.
2. On or about January 19, 2008, Defendant Kashmir Singh executed and delivered to
JPMorgan Chase Bank, N.A. a certain note (the “Note”) whereby he bound himself in the amount of
$200,000.00, together with accrued interest on the unpaid principal balance and such other amounts
until paid, pursuant to the terms of the Note. The Note bears an initial interest rate of 7.500%. A copy
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of the Note is attached hereto as Exhibit “A”.
3. To secure payment of the Note, Defendants Kashmir Singh and Harbans Singh granted a
mortgage (the “Mortgage”) against the property owned by them located at 96 Brighton 11th Street,
Brooklyn, NY 11235 (the “Mortgaged Premises”) to JPMorgan Chase Bank, N.A. in the amount of
$200,000.00 on January 19, 2008. The Mortgage was recorded in the Office of the City Register of the
City of New York on February 12, 2008 as CRFN 2008000058152 at which time the mortgage
recording tax was duly paid. A copy of the Mortgage is attached hereto as Exhibit “B”.
4. The tax map designation of the Mortgaged Premises is known as or part of Block: 8707
Lot: 413. The full legal description of the Mortgaged Premises is attached hereto as Exhibit “C”.
5. The Defendant(s) referenced in paragraphs 2 and 3 above have failed to comply with the
terms of the Note and/or Mortgage by failing to pay the monthly payment amount due on August 1,
2023 and each subsequent payment that has come due thereafter, together with any other amounts for
taxes, assessments, water rates, escrow, insurance premiums and/or any other charges that have come
due and are payable under the terms of the Note and/or Mortgage since the date of default set forth
above.
6. The requisite contractual notice, if applicable, was sent by Plaintiff's servicer in
accordance with the terms of the Mortgage notifying the borrower(s) of the default, advising of the
actions necessary to cure said default, the date by which to cure being at least thirty (30) days from the
date of said notice, and advising of the borrower(s)' right to present a defense to the lawsuit. Despite
the written demands, the default has not been cured. As a result, Plaintiff hereby elects and demands
that the entire principal sum due on the Note, along with all unpaid interest, advances, fees and costs
are accelerated and are now due and payable.
7. As of the date of default, the principal balance due and owing pursuant to the terms of
the Note and/or Mortgage is $49,742.06, together with accrued interest, taxes, assessments, water rates,
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maintenance, late fees, insurance premiums, escrow advances, reasonable attorneys' fees, and any other
charges that are validly due and owing pursuant to the terms of the Note and/or Mortgage, to be
calculated and established at the time Plaintiff applies for Judgment of Foreclosure or Sale.
8. In order to protect its security, Plaintiff (directly and/or through its servicer or agent) has
made advances, or may be obligated during the pendency of this action to make advances, for the
payment of taxes, insurance premiums and other necessary charges affecting the Mortgaged Premises.
Any such sums advanced under the terms of the Note, together with interest (to the extent allowed), are
to be added to the sum otherwise due on and be deemed secured by the Mortgage.
9. All Defendants herein may have, or claim to have, some interest in, or lien upon the
Mortgaged Premises or some part thereof, which interest or lien, if any, has accrued subsequent and/or
subject to the lien of Plaintiff's Mortgage.
10. The Defendants identified more fully in Exhibit “D” are made parties solely for the
reasons set forth in said Exhibit.
11. The Defendants identified more fully in Exhibit “E” are governmental entities made
parties solely by reason of the facts set forth in said Exhibit.
12. Defendants, John Doe #1 through 6 and Jane Doe #1 through 6, are unknown occupants,
if any exist, of the Mortgaged Premises being foreclosed or may be any persons or entities of any kind
otherwise claiming a lien or interest in or against the Mortgaged Premises.
13. Plaintiff has complied with the applicable provisions of RPAPL §1304 and the Banking
Law, specifically §§595-a, 6-l and/or 6-m if applicable, in that the requisite notice was sent by its
servicer, in at least fourteen point type, and containing a current list of at least five housing counseling
agencies serving the county where the property is located from the most recent listing available from
department of financial services to the borrowers by registered or certified mail and also by first class
mail to the last known address of the borrowers and to the residence that is the subject of the Mortgage.
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Further, Plaintiff has complied with the applicable provisions of RPAPL §1306 in that the notice
required by RPAPL §1304, if necessary, was filed with the superintendent of banks within three
business days of mailing. If applicable, copies of the registration(s) are attached hereto as Exhibit “F”.
14. Plaintiff has complied with the provisions of the Banking Law § 9-x, if applicable.
15. In the event this action proceeds to a judgment in foreclosure and sale of the Mortgaged
Premises, Plaintiff requests that the Mortgaged Premises be sold subject to any statement of facts an
inspection of the Mortgaged Premises would disclose or an accurate survey would show; covenants,
restrictions, easements and public utility agreements of record, if any; building and zoning ordinances
and possible violations of same; any rights of tenants or persons in possession of the Mortgaged
Premises; any equity/right of redemption of the United States of America within 120 days of the sale;
and, any prior mortgages and liens.
16. If the Mortgage secures more than one property, Plaintiff requests the judgment in
foreclosure provide for the sale of the properties in a particular order to the extent necessary to satisfy
the amounts due as determined by this Court.
17. Pursuant to the terms of the Mortgage, Plaintiff is entitled to recover attorneys' fees and
costs incurred in connection with this action.
18. All Exhibits attached hereto are expressly incorporated and made part of the Complaint
with the same force and effect as if they were set forth herein.
19. There are no other pending proceedings to enforce the referenced Note and Mortgage.
To the extent there are any prior proceedings, it is the intention of the Plaintiff that any such action be
discontinued and the instant action be the only pending action.
WHEREFORE, Plaintiff, JPMorgan Chase Bank, National Association, demands judgment:
1. Adjudging and decreeing that any advances Plaintiff or its servicer or agent made or will make
pursuant to the terms of the Note and/or Mortgage for the payment of taxes, insurance premiums and
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other necessary charges affecting the Mortgaged Premises, together with interest (to the extent
allowed), are valid liens against the Mortgaged Premises.
2. Fixing the amounts due the Plaintiff for all amounts due under the Note and/or Mortgage,
including, but not limited to principal, interest, costs, late charges, expenses of sale, allowances and
disbursements, reasonable attorney's fees (to the extent allowed under the Note and/or Mortgage) and
all other monies advanced and paid which are secured by the Mortgage;
3. That the Defendants and all parties claiming by, through or under them and every other person
or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or
whose lien is being challenged by being a Defendant in this action, be barred and foreclosed of and
from all right, claim, lien, interest or equity of redemption in and to said Mortgaged Premises;
4. That said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts
due herein, be decreed to be sold according to law subject to any statement of facts an inspection of the
Mortgaged Premises would disclose or an accurate survey of the Mortgaged Premises would show; as
further discussed in the Complaint above;
5. That out of the monies arising from the sale of the Mortgaged Premises, the Plaintiff may be
paid the amounts due on the Note and/or Mortgage, plus all other amounts provided for and allowed
under the judgment, including attorneys' fees and costs to be incurred in connection with this action,
together with any sums expended as aforesaid, with interest as allowed by law upon any advances from
the dates of the respective advance payments, to the extent allowed;
6. That any Defendants referenced in paragraph 2 of this Complaint (and any original or
subsequent obligors so named in this action) may be adjudged to pay any deficiency that may remain
after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in
a bankruptcy proceeding with respect to said Defendant;
7. That either or any of the parties to this action may become a purchaser upon such sale;
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8. That this Court, if requested, forthwith appoint a receiver of rents and profits of said Mortgaged
Premises with the usual powers and duties;
9. In the event Plaintiff possesses any other liens against the Mortgaged Premises, they shall not be
merged with the same/instant matter. Plaintiff specifically reserves its right to share in any surplus
monies arising from the sale of the Mortgaged Premises by virtue of its position as a judgment or other
lien creditor, excluding the mortgage being foreclosed herein.
10. That the plaintiff be granted such other and further relief as may be just, equitable and proper.
April 9, 2024
Date:_________________ By: ______________________
Christhie Montero, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff,
JPMorgan Chase Bank, National Association
File No. 24-16894NY
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EXHIBIT A
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HOME EQUITY LINE OF CREDIT
AGREEMENT AND DISCLOSURE STATEMENT
PWncipak Qgpate Maturity w m ce / con As GMy¾pRMcK y°mygh
t $200,000.00 , 0349a2008p o019-20a$ thea n
References in the shaded area are for our use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "***"·has been omitted due to text length limitations.
Borrower: KASHMIR SINGH Lender: JPMorgan Chase Bank, N.A.
96 BRIGHTON 11TH ST Home IEquity and Consumer Landing Division
BROOKLYN, NY 11235-5329 1111 Polaris Parkway
Columbus, OH 43240
CREDIT LIMIT: $200,000.00 DATE OF AGREEMENT: January 19, 2008
. Introduction. This HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT ("Agreement") governs your line of credit (the
Line" or "Borrower," "you,"
"Credit the "Credit Line Account") issued through JPMorgan Chase Bank, N.A.. in this Agreement, the words
"your," and "Applicant" "we," "us,"
mean each and every person who signs this Agreement, including all Borrowers named above. The words
"our," "Lender" mean JPMorgan Chase
and Bank, N.A.. You agree to the following terms and conditions:
Promise to Pay. You promise to pay JPMorgan Chase Bank, N.A., or order, the total of all credit advances and FINANCE CHARGES, together
"Mortgage" which secures your Credit Line. You
with all costs and expenses for which you are responsible under this Agreement or under the
will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is fully obligated to keep ali
of your promises and obligations contained in this Agreement. This means we can require any Borrower to pay all amounts due under this
Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to
cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement.
We can release any Borrower from responsibility under this Agreement, and the others will remain responsible.
Term. The term of your Credit Line wili begin as of the date of this Agreement {"Opening Date") and will continue until January 19, 2038
unless extended pursuant to the Extended Lock Option described below ("Maturity Date"). All indebtedness under this Agreement, if not already
paid pursuant to the payment provisions below, will be due and payable upon maturity. The draw period of your Credit Line will begin on a date,
after the Opening Date, when the Agreement is accepted by us in the State of Ohio, following the expiration of the right to cancel, the
perfection of the Mortgage, the receipt of all required certificates of noncancellation, and the meeting of all of our other conditions and will
continue as follows: ten (10) years unless extended pursuant to the Extended Lock Option described below. The Draw Period is also referred to
as the "First Payment Stream". You may obtain credit advances during this period ("Draw Period"). After the Draw Period ends, the repayment
period will begin and you will no longer be able to obtain credit advances. The length of the repayment period is as follows: twenty (20) years.
The length of the repayment period for the revolving portion of your Credit Line is 20 years. The length of the repayment period for any Lock
you select is dependent upon the terms of that specific Lock. The Repayment Period is also referred to as the "Second Payment Stream". You
agree that we may renew or extend the period during which you may obtain credit advances or make payments. You further agree that we may
renew or extend your Credit Line Account.
Minimum Payment. During the Draw Period your Regular Payment will be equal to the amount of the FINANCE CHARGE accrued for the billing
cycle for which the statement is rendered. You will make 120 of these payments. Your payments will be due Monthly. Advances to your
credit fine or an increase in the ANNUAL PERCENTAGE RATE may increase your Regular Payment. if you make only the Regular Payment during
your Draw Period, the principal balance outstanding on your line will not be reduced as a consequence of your payment of only the FINANCE
CHARGE due.
During the Repayment Period, your minimum monthly payments will be (a) the unpaid principal balance divided by the remaining number of
scheduled payments, plus (b) the amount of finance charge accrued plus any fees and any amounts past due. You will make monthly payments
as noted below during the Repayment Period.
Range of Balances Number of Payments Amortization Period
All Balances 240 240 payments
Payment"
Your "Minimum will be the Regular Payment, plus any amounts past due and all other charges. In addition, we have the right to
require you to pay fees and charges assessed on the Credit Line Account with and in addition to the Minimum Payment. You agree to pay not
less than the Minimum Payment on or before the due date indicated on your periodic billing statement. If your credit line balance falls below
$100.00 during the Repayment Period, you agree to pay your balance in full.
Elow Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied to
principal, interest, fees and other charges in any order. Except for any balances subject to the Conversion Options provisions of this Agreement,
if your Credit Line Account has principal balances outstanding at different rates, we may apply principal payments first to outstanding balances
at the lowest applicable rate before applying principal payments to balances accruing interest at a higher rate. The Conversion Options
provisions contain additional payment application rules if you use the conversion options. We may apply all payments and credits in accordance
with our standard operating procedures and with the requirements of applicable law. Notwithstanding anything to the contrary in this
Agreement, we may apply our standard operating procedures to verify that we have received good funds after we received your payments
before releasing the payment amounts as available credit on your Credit Line Account.
Receipt of Payments. All payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other
instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received
at that address prior to close of business on any business day will be credited to your Credit Line as of the date received. If we receive
payments at other locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to five (5) days
after receipt.
Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Two Hundred Thousand & 00/100 Dollars
($200,000.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances
subject to the section below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and
re-borrow up to the amount of the Credit Limit. Your Credit Limit is the maximum principal amount you may have outstanding at any one time.
You agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Lirnit. Your
Credit Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay
immediately the amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you. Any credit advances
in excess of your Credit Limit will not be secured by the Mortgage covering your principal dwelling.
Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement,
the Mortgage or any other document related to your Credit Line. in addition, we may charge your Credit Line for funds required for continuing
insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. We may also, at
our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These
costs or expenses include, without limitation, payments to cure defaults under any existing liens on your principal dwelling. if you do not pay
your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit
advance and will decrease the funds available, if any, under the Credit Line. However, we have no obligation to provide any of the credit
advances referred to in this paragraph.
Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows:
Credit Line Checks. a preprinted check"
Writing "credit line that we will supply to you.
Requests in Person. Requesting a credit advance in person at any of our authorized locations.
If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one of you
telling us not to give advances to the other.
Limitations on the Use of Checks. We reserve the right not to honor credit line checks in the following circumstances.
Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the credit line check.
Post-dated Checks. Your credit line check is post-dated. If a post-dated credit line check is paid and as a resuit any other check is
returned or not paid, we are not responsible for any losses or damages you incur.
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FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
STATEMENT
Loan No: (Continued) Page 2
Stolen Checks. Your credit line checks have been reported lost or stolen.
Signer"
Unauthorized Signatures. Your credit line check is not signed by an "Authorized as defined below.
Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the
credit line check.
If we pay any credit line check under these conditions, you must repay us, subject to applicable laws, for the amount of the credit line check.
The credit line check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a
check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose not
to return credit line checks along with your periodic billing statements; however, your use of each credit line check will be reflected on your
"certify" credit line checks drawn on your Credit Line.
periodic statement as a credit advance. We do not
Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line:
Credit Line credit line check and In Person Request Limitations. There are no transaction limitations for the writing of credit line checks or
requesting an advance in person.
Authorized Signers. The words "Authorized Signer" for credit line checks as used in this Agreement mean and include each person who signs
this agreement.
Lost credit line checks. if you lose your credit line checks or if someone is using them without your permission, you agree to let us know
immediately. The fastest way to notify us is by calling us at (800) 800-5626.
Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices)
which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is
voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions
of this Agreement will govern any transactions made pursuant to any of these new services.
Collateral. You acknowledge this Agreement is secured by a Consumer Mortgage - Plain Language dated January 19, 2008, to us on real
property located in KINGS County, State of New York, all the terms and conditions of which are hereby incorporated and made a part of this
Agreement. If there is any inconsistency between the terms and conditions of this Agreement and the terms and conditions of the collateral
documents, the terms and conditions of this Agreement shall prevail.
Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property
insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required
under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable
cause before credit is extended, to decline any insurance provided by you. In no event however, pursuant to Section 38.9 of the New York
Banking Board Regulations, will you be required to provide hazard insurance in excess of the replacement value of the buildings and other
improvements on the Property. Subject to applicable law, if you fail to obtain or maintain insurance as required in the Mortgage, we may
purchase insurance to protect our own interest, add the premium to your balance, pursue any other remedies available to us, or do any one or
more of these things.
Periodic Statements. If you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic
statement. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your
"Previous Balance," and your "New Balance." Your statement also will identify the Minimum Payment you must make for that billing period
and the date it is due.
When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the
date credit advances are posted to your Credit Line. There is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your
Credit Line credit advances.
Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all
credit advances made under your Credit Line imposed from the date of each credit advance based on the "daily balance" method. To get the
daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances and subtract any payments or oredits
and any unpaid FINANCE CHARGES. This gives us the "daily balance."
Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance
described herein. Then we add together the periodic FINANCE CHARGES for each day in the billing cycle. This is your FINANCE CHARGE
calculated by applying a Periodic Rate.
Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL
PERCENTAGE RATE as follows. We start with an independent index which is the Prime Rate. Prime Rate means the base rate on corporate
loans posted by at least 75% of the USA's largest banks known as The Wall Street Journal Prime Rate and published in The Wall Street Journal
(or alternate publication if required) on each publication day of each month. If more than one rate is published as the prime rate, the Prime Rate
will be the highest rate called "the Prime Rate" (the "Index"). We wili use the most recent Index value available to us as of the date of any
ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. If the Index becomes
unavailable during the term of this Agreement, we may designate a substitute index after notice to you. To determine the Periodic Rate that will
apply to your First Payment Stream, we add a margin to the value of the Index, then divide the value by the number of days in a year (daily). To
obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL
PERCENTAGE RATE for your First Payment Stream. To determine the Periodic Rate that will apply to your Second Payment Stream, we add a
margin to the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we
multiply the Per
Preview
FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JPMorgan Chase Bank, National Association, SUMMONS Plaintiff, INDEX NO.: vs. MORTGAGED PREMISES: Kashmir Singh; Harbans Singh; Narinder Kaur; 96 Brighton 11th Street United States of America o/b/o Internal Revenue Brooklyn, NY 11235 Service; Santander Bank N.A.; Itria Ventures, LLC; New York City Environmental Control Block: 8707 Board; New York State Department of Taxation Lot: 413 and Finance; New York City Parking Violations Bureau; New York City Transit Adjudication Bureau; John Doe #1 through #6, and Jane Doe #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. 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. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 24-16894NY 1 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 Kings County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. April 9, 2024 Date:_________________ By: ______________________ Christhie Montero, Esq. McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Fax: 347-286-7414 Attorneys for Plaintiff, JPMorgan Chase Bank, National Association File No. 24-16894NY 24-16894NY 2 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 Special Summons Requirement Pursuant to RPAPL §1320 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. 24-16894NY 3 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 24-16894NY 4 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DÍAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETICIÓN POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMACÍON. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml O https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 24-16894NY 5 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 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 1-877-BANK-NYS (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 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. 24-16894NY 6 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. We, JPMorgan Chase Bank, N.A., are the foreclosing party and are located at 3415 Vision Drive, Columbus, OH 43219. We can be reached at (800) 446-8939. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in your home until 90 days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Department of Financial Services toll-free helpline at 1-877-BANK-NYS (1-877-226-5697) or visit the Department's website at http://www.dfs.ny.gov. 24-16894NY 7 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JPMorgan Chase Bank, National Association, COMPLAINT FOR MORTGAGE FORECLOSURE Plaintiff, INDEX NO.: vs. MORTGAGED PREMISES: Kashmir Singh; Harbans Singh; Narinder Kaur; United States of America o/b/o Internal Revenue 96 Brighton 11th Street Service; Santander Bank N.A.; Itria Ventures, Brooklyn, NY 11235 LLC; New York City Environmental Control Board; New York State Department of Taxation Block: 8707 and Finance; New York City Parking Violations Lot: 413 Bureau; New York City Transit Adjudication Bureau; John Doe #1 through #6, and Jane Doe #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. Plaintiff, JPMorgan Chase Bank, National Association (“Plaintiff”), by its Counsel, McCalla Raymer Leibert Pierce, LLC, and for its Complaint against the above named Defendants, alleges as follows: 1. Plaintiff, a national bank, organized under the laws of the United States of America, is the owner and holder of the note and mortgage to be foreclosed in this action, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject note and mortgage. 2. On or about January 19, 2008, Defendant Kashmir Singh executed and delivered to JPMorgan Chase Bank, N.A. a certain note (the “Note”) whereby he bound himself in the amount of $200,000.00, together with accrued interest on the unpaid principal balance and such other amounts until paid, pursuant to the terms of the Note. The Note bears an initial interest rate of 7.500%. A copy 24-16894NY 8 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 of the Note is attached hereto as Exhibit “A”. 3. To secure payment of the Note, Defendants Kashmir Singh and Harbans Singh granted a mortgage (the “Mortgage”) against the property owned by them located at 96 Brighton 11th Street, Brooklyn, NY 11235 (the “Mortgaged Premises”) to JPMorgan Chase Bank, N.A. in the amount of $200,000.00 on January 19, 2008. The Mortgage was recorded in the Office of the City Register of the City of New York on February 12, 2008 as CRFN 2008000058152 at which time the mortgage recording tax was duly paid. A copy of the Mortgage is attached hereto as Exhibit “B”. 4. The tax map designation of the Mortgaged Premises is known as or part of Block: 8707 Lot: 413. The full legal description of the Mortgaged Premises is attached hereto as Exhibit “C”. 5. The Defendant(s) referenced in paragraphs 2 and 3 above have failed to comply with the terms of the Note and/or Mortgage by failing to pay the monthly payment amount due on August 1, 2023 and each subsequent payment that has come due thereafter, together with any other amounts for taxes, assessments, water rates, escrow, insurance premiums and/or any other charges that have come due and are payable under the terms of the Note and/or Mortgage since the date of default set forth above. 6. The requisite contractual notice, if applicable, was sent by Plaintiff's servicer in accordance with the terms of the Mortgage notifying the borrower(s) of the default, advising of the actions necessary to cure said default, the date by which to cure being at least thirty (30) days from the date of said notice, and advising of the borrower(s)' right to present a defense to the lawsuit. Despite the written demands, the default has not been cured. As a result, Plaintiff hereby elects and demands that the entire principal sum due on the Note, along with all unpaid interest, advances, fees and costs are accelerated and are now due and payable. 7. As of the date of default, the principal balance due and owing pursuant to the terms of the Note and/or Mortgage is $49,742.06, together with accrued interest, taxes, assessments, water rates, 24-16894NY 9 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 maintenance, late fees, insurance premiums, escrow advances, reasonable attorneys' fees, and any other charges that are validly due and owing pursuant to the terms of the Note and/or Mortgage, to be calculated and established at the time Plaintiff applies for Judgment of Foreclosure or Sale. 8. In order to protect its security, Plaintiff (directly and/or through its servicer or agent) has made advances, or may be obligated during the pendency of this action to make advances, for the payment of taxes, insurance premiums and other necessary charges affecting the Mortgaged Premises. Any such sums advanced under the terms of the Note, together with interest (to the extent allowed), are to be added to the sum otherwise due on and be deemed secured by the Mortgage. 9. All Defendants herein may have, or claim to have, some interest in, or lien upon the Mortgaged Premises or some part thereof, which interest or lien, if any, has accrued subsequent and/or subject to the lien of Plaintiff's Mortgage. 10. The Defendants identified more fully in Exhibit “D” are made parties solely for the reasons set forth in said Exhibit. 11. The Defendants identified more fully in Exhibit “E” are governmental entities made parties solely by reason of the facts set forth in said Exhibit. 12. Defendants, John Doe #1 through 6 and Jane Doe #1 through 6, are unknown occupants, if any exist, of the Mortgaged Premises being foreclosed or may be any persons or entities of any kind otherwise claiming a lien or interest in or against the Mortgaged Premises. 13. Plaintiff has complied with the applicable provisions of RPAPL §1304 and the Banking Law, specifically §§595-a, 6-l and/or 6-m if applicable, in that the requisite notice was sent by its servicer, in at least fourteen point type, and containing a current list of at least five housing counseling agencies serving the county where the property is located from the most recent listing available from department of financial services to the borrowers by registered or certified mail and also by first class mail to the last known address of the borrowers and to the residence that is the subject of the Mortgage. 24-16894NY 10 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 Further, Plaintiff has complied with the applicable provisions of RPAPL §1306 in that the notice required by RPAPL §1304, if necessary, was filed with the superintendent of banks within three business days of mailing. If applicable, copies of the registration(s) are attached hereto as Exhibit “F”. 14. Plaintiff has complied with the provisions of the Banking Law § 9-x, if applicable. 15. In the event this action proceeds to a judgment in foreclosure and sale of the Mortgaged Premises, Plaintiff requests that the Mortgaged Premises be sold subject to any statement of facts an inspection of the Mortgaged Premises would disclose or an accurate survey would show; covenants, restrictions, easements and public utility agreements of record, if any; building and zoning ordinances and possible violations of same; any rights of tenants or persons in possession of the Mortgaged Premises; any equity/right of redemption of the United States of America within 120 days of the sale; and, any prior mortgages and liens. 16. If the Mortgage secures more than one property, Plaintiff requests the judgment in foreclosure provide for the sale of the properties in a particular order to the extent necessary to satisfy the amounts due as determined by this Court. 17. Pursuant to the terms of the Mortgage, Plaintiff is entitled to recover attorneys' fees and costs incurred in connection with this action. 18. All Exhibits attached hereto are expressly incorporated and made part of the Complaint with the same force and effect as if they were set forth herein. 19. There are no other pending proceedings to enforce the referenced Note and Mortgage. To the extent there are any prior proceedings, it is the intention of the Plaintiff that any such action be discontinued and the instant action be the only pending action. WHEREFORE, Plaintiff, JPMorgan Chase Bank, National Association, demands judgment: 1. Adjudging and decreeing that any advances Plaintiff or its servicer or agent made or will make pursuant to the terms of the Note and/or Mortgage for the payment of taxes, insurance premiums and 24-16894NY 11 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 other necessary charges affecting the Mortgaged Premises, together with interest (to the extent allowed), are valid liens against the Mortgaged Premises. 2. Fixing the amounts due the Plaintiff for all amounts due under the Note and/or Mortgage, including, but not limited to principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney's fees (to the extent allowed under the Note and/or Mortgage) and all other monies advanced and paid which are secured by the Mortgage; 3. That the Defendants and all parties claiming by, through or under them and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a Defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said Mortgaged Premises; 4. That said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts due herein, be decreed to be sold according to law subject to any statement of facts an inspection of the Mortgaged Premises would disclose or an accurate survey of the Mortgaged Premises would show; as further discussed in the Complaint above; 5. That out of the monies arising from the sale of the Mortgaged Premises, the Plaintiff may be paid the amounts due on the Note and/or Mortgage, plus all other amounts provided for and allowed under the judgment, including attorneys' fees and costs to be incurred in connection with this action, together with any sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of the respective advance payments, to the extent allowed; 6. That any Defendants referenced in paragraph 2 of this Complaint (and any original or subsequent obligors so named in this action) may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy proceeding with respect to said Defendant; 7. That either or any of the parties to this action may become a purchaser upon such sale; 24-16894NY 12 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 8. That this Court, if requested, forthwith appoint a receiver of rents and profits of said Mortgaged Premises with the usual powers and duties; 9. In the event Plaintiff possesses any other liens against the Mortgaged Premises, they shall not be merged with the same/instant matter. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of the Mortgaged Premises by virtue of its position as a judgment or other lien creditor, excluding the mortgage being foreclosed herein. 10. That the plaintiff be granted such other and further relief as may be just, equitable and proper. April 9, 2024 Date:_________________ By: ______________________ Christhie Montero, Esq. McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Fax: 347-286-7414 Attorneys for Plaintiff, JPMorgan Chase Bank, National Association File No. 24-16894NY 24-16894NY 13 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 EXHIBIT A 14 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT PWncipak Qgpate Maturity w m ce / con As GMy¾pRMcK y°mygh t $200,000.00 , 0349a2008p o019-20a$ thea n References in the shaded area are for our use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***"·has been omitted due to text length limitations. Borrower: KASHMIR SINGH Lender: JPMorgan Chase Bank, N.A. 96 BRIGHTON 11TH ST Home IEquity and Consumer Landing Division BROOKLYN, NY 11235-5329 1111 Polaris Parkway Columbus, OH 43240 CREDIT LIMIT: $200,000.00 DATE OF AGREEMENT: January 19, 2008 . Introduction. This HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT ("Agreement") governs your line of credit (the Line" or "Borrower," "you," "Credit the "Credit Line Account") issued through JPMorgan Chase Bank, N.A.. in this Agreement, the words "your," and "Applicant" "we," "us," mean each and every person who signs this Agreement, including all Borrowers named above. The words "our," "Lender" mean JPMorgan Chase and Bank, N.A.. You agree to the following terms and conditions: Promise to Pay. You promise to pay JPMorgan Chase Bank, N.A., or order, the total of all credit advances and FINANCE CHARGES, together "Mortgage" which secures your Credit Line. You with all costs and expenses for which you are responsible under this Agreement or under the will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is fully obligated to keep ali of your promises and obligations contained in this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. We can release any Borrower from responsibility under this Agreement, and the others will remain responsible. Term. The term of your Credit Line wili begin as of the date of this Agreement {"Opening Date") and will continue until January 19, 2038 unless extended pursuant to the Extended Lock Option described below ("Maturity Date"). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon maturity. The draw period of your Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by us in the State of Ohio, following the expiration of the right to cancel, the perfection of the Mortgage, the receipt of all required certificates of noncancellation, and the meeting of all of our other conditions and will continue as follows: ten (10) years unless extended pursuant to the Extended Lock Option described below. The Draw Period is also referred to as the "First Payment Stream". You may obtain credit advances during this period ("Draw Period"). After the Draw Period ends, the repayment period will begin and you will no longer be able to obtain credit advances. The length of the repayment period is as follows: twenty (20) years. The length of the repayment period for the revolving portion of your Credit Line is 20 years. The length of the repayment period for any Lock you select is dependent upon the terms of that specific Lock. The Repayment Period is also referred to as the "Second Payment Stream". You agree that we may renew or extend the period during which you may obtain credit advances or make payments. You further agree that we may renew or extend your Credit Line Account. Minimum Payment. During the Draw Period your Regular Payment will be equal to the amount of the FINANCE CHARGE accrued for the billing cycle for which the statement is rendered. You will make 120 of these payments. Your payments will be due Monthly. Advances to your credit fine or an increase in the ANNUAL PERCENTAGE RATE may increase your Regular Payment. if you make only the Regular Payment during your Draw Period, the principal balance outstanding on your line will not be reduced as a consequence of your payment of only the FINANCE CHARGE due. During the Repayment Period, your minimum monthly payments will be (a) the unpaid principal balance divided by the remaining number of scheduled payments, plus (b) the amount of finance charge accrued plus any fees and any amounts past due. You will make monthly payments as noted below during the Repayment Period. Range of Balances Number of Payments Amortization Period All Balances 240 240 payments Payment" Your "Minimum will be the Regular Payment, plus any amounts past due and all other charges. In addition, we have the right to require you to pay fees and charges assessed on the Credit Line Account with and in addition to the Minimum Payment. You agree to pay not less than the Minimum Payment on or before the due date indicated on your periodic billing statement. If your credit line balance falls below $100.00 during the Repayment Period, you agree to pay your balance in full. Elow Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied to principal, interest, fees and other charges in any order. Except for any balances subject to the Conversion Options provisions of this Agreement, if your Credit Line Account has principal balances outstanding at different rates, we may apply principal payments first to outstanding balances at the lowest applicable rate before applying principal payments to balances accruing interest at a higher rate. The Conversion Options provisions contain additional payment application rules if you use the conversion options. We may apply all payments and credits in accordance with our standard operating procedures and with the requirements of applicable law. Notwithstanding anything to the contrary in this Agreement, we may apply our standard operating procedures to verify that we have received good funds after we received your payments before releasing the payment amounts as available credit on your Credit Line Account. Receipt of Payments. All payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received at that address prior to close of business on any business day will be credited to your Credit Line as of the date received. If we receive payments at other locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to five (5) days after receipt. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Two Hundred Thousand & 00/100 Dollars ($200,000.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances subject to the section below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Your Credit Limit is the maximum principal amount you may have outstanding at any one time. You agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Lirnit. Your Credit Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you. Any credit advances in excess of your Credit Limit will not be secured by the Mortgage covering your principal dwelling. Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement, the Mortgage or any other document related to your Credit Line. in addition, we may charge your Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. We may also, at our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on your principal dwelling. if you do not pay your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit advance and will decrease the funds available, if any, under the Credit Line. However, we have no obligation to provide any of the credit advances referred to in this paragraph. Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows: Credit Line Checks. a preprinted check" Writing "credit line that we will supply to you. Requests in Person. Requesting a credit advance in person at any of our authorized locations. If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one of you telling us not to give advances to the other. Limitations on the Use of Checks. We reserve the right not to honor credit line checks in the following circumstances. Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the credit line check. Post-dated Checks. Your credit line check is post-dated. If a post-dated credit line check is paid and as a resuit any other check is returned or not paid, we are not responsible for any losses or damages you incur. 15 of 74 FILED: KINGS COUNTY CLERK 04/09/2024 03:14 PM INDEX NO. 510152/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT Loan No: (Continued) Page 2 Stolen Checks. Your credit line checks have been reported lost or stolen. Signer" Unauthorized Signatures. Your credit line check is not signed by an "Authorized as defined below. Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the credit line check. If we pay any credit line check under these conditions, you must repay us, subject to applicable laws, for the amount of the credit line check. The credit line check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose not to return credit line checks along with your periodic billing statements; however, your use of each credit line check will be reflected on your "certify" credit line checks drawn on your Credit Line. periodic statement as a credit advance. We do not Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line: Credit Line credit line check and In Person Request Limitations. There are no transaction limitations for the writing of credit line checks or requesting an advance in person. Authorized Signers. The words "Authorized Signer" for credit line checks as used in this Agreement mean and include each person who signs this agreement. Lost credit line checks. if you lose your credit line checks or if someone is using them without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at (800) 800-5626. Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions of this Agreement will govern any transactions made pursuant to any of these new services. Collateral. You acknowledge this Agreement is secured by a Consumer Mortgage - Plain Language dated January 19, 2008, to us on real property located in KINGS County, State of New York, all the terms and conditions of which are hereby incorporated and made a part of this Agreement. If there is any inconsistency between the terms and conditions of this Agreement and the terms and conditions of the collateral documents, the terms and conditions of this Agreement shall prevail. Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable cause before credit is extended, to decline any insurance provided by you. In no event however, pursuant to Section 38.9 of the New York Banking Board Regulations, will you be required to provide hazard insurance in excess of the replacement value of the buildings and other improvements on the Property. Subject to applicable law, if you fail to obtain or maintain insurance as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other remedies available to us, or do any one or more of these things. Periodic Statements. If you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic statement. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your "Previous Balance," and your "New Balance." Your statement also will identify the Minimum Payment you must make for that billing period and the date it is due. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the date credit advances are posted to your Credit Line. There is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all credit advances made under your Credit Line imposed from the date of each credit advance based on the "daily balance" method. To get the daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances and subtract any payments or oredits and any unpaid FINANCE CHARGES. This gives us the "daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance described herein. Then we add together the periodic FINANCE CHARGES for each day in the billing cycle. This is your FINANCE CHARGE calculated by applying a Periodic Rate. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. We start with an independent index which is the Prime Rate. Prime Rate means the base rate on corporate loans posted by at least 75% of the USA's largest banks known as The Wall Street Journal Prime Rate and published in The Wall Street Journal (or alternate publication if required) on each publication day of each month. If more than one rate is published as the prime rate, the Prime Rate will be the highest rate called "the Prime Rate" (the "Index"). We wili use the most recent Index value available to us as of the date of any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. If the Index becomes unavailable during the term of this Agreement, we may designate a substitute index after notice to you. To determine the Periodic Rate that will apply to your First Payment Stream, we add a margin to the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE for your First Payment Stream. To determine the Periodic Rate that will apply to your Second Payment Stream, we add a margin to the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Per