Preview
FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
SUPREME COURT OF TFIE STATE OF NEW YORK
COUNTY OF SUFFOLK
Wilmington Trust, National Association, as SUMMONS
Successor Indenture Trustee to Citibank, N.A., as
Indenture Trustee of SACO I Trust 2006-12, INDEX NO.:
Mortgage-Backed Notes, Series 2006-12,
MORTGAGED PREMISES:
Plaintiff,
4 Cedar Ridge Lane
vs. Dix Hills, NY 11746
District·
Anthony C. Annunziato, Jr.; Kathleen S. 0400 Section: 264.00
Annunziate; HSBC Bank USÅ National Block: 04.00 Lot: 011.000
Association ASG Hamilton Equity Group LLC;
People of the State of New York; 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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Suffolk County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
4 11 2024
Date: By:
Deborah M. Gallo, . .
McCalla Raymer Leibel ier , LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff,
Wilmington Trust, National Association, as Successor Indenture
Trustee to Citibank, N.A., as Indenture Trustee of SACO I Trust.
2006-12, Mortgage-Backed Notes, Series 2006-12
File No. 22-11513NY
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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.shtm!
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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
INFORMACfON.
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
"save"
Be careful of people who approach you with offers to your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit
from a homeowner's distress. You should be extremely careful about any such
promises and any suggestions that you pay them a fee or sign over your deed. State
law requires anyone offering such services for profit to enter into a contract which
fully
describes the services they will perform and fees they will charge, and which
prohibits them from taking any money from you until they have completed all such
promised services.
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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, Wilmington Trust, National Association, as Successor Indenture Trustee to
Citibank, N.A., as Indenture Trustee of SACO I D-ust 2006-12, Mortgage-Backed
Notes, Series 2006-12, are the foreclosing party and are located c/o our servicer,
Specialized Loan Servicing LLC, at 6200 S. Quebec St , Suite 300, Greenwood
Village, CO 80111. We can be reached at (800)306-6059.
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 ORDERAND 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 TFIE STATE OF NEW YORK
COUNTY OF SUFFOLK
Wilmington Trust, National Association, as COMPLAINT FOR MORTGAGE
Successor Indenture Trustee to Citibank, N.A., as FORECLOSURE
Indenture Trustee of SACO I Trust 2006-12,
Mortgage-Backed Notes, Series 2006-12'
INDEX NO
Plaintiff,
MORTGAGED PREMISES:
vs.
4 Cedar Ridge Lane
Anthony C.. Annunziato, Jr.; Kathleen S.
Annunziate; HSBC Bank USA National
District; 0400 Section: 264.00
Association ASG Hamilton Equity Group LLC;
Block: 04.00 Lot: 011.000
People of the State of New York; 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, Wilmington Trust, National Association, as Successor Indenture Trustee to Citibank, N.A.,
as Indenture Trustee of SACO I Trust 2006-12, Mortgage-Backed. Notes, Series 2006-12 ("Plaintiff'),
by its Counsel, McCalla Raymer Leibert Pierce, LLC,. and for its Complaint against the above named
Defendants, alleges as follows:
1. Plaintiff, a corporate trustee, having an address c/o its servicer, Specialized Loan Servicing
LLC, 6200 S. Quebec St., Suite 300, Greenwood Village, CO 80111, 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. Plaintiff is duly licensed
and/or organized under the laws of the United States of America or a state therein.
2. Plaintiff has the right to foreclose. The originals of the subject mortgage and note are in
control"
the entity's "possession and or that of the. custodian.
foreclosing
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3. On or about July 25, 2006, Defendants Anthony C. Annunziato, Jr. and Kathleen S.
Annunziato executed and delivered to GreenPoint Mortgage Funding, Inc. a certain note (the "Note")
whereby they bound themselves 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 annual percentage rate of 4.000%. A copy of the Note is attached hereto as Exhibit "A".
4. To secure payment of the Note, Defendants Anthony C. Annunziato, Jr. and Kathleen S.
Annunziato granted a mortgage (the "Mortgage") against the property owned by them located at 4 Cedar
Ridge Lane, Dix Hills, NY 11746 (the "Mortgaged Premises") to Mortgage Electronic Registration
Systems, Inc., as nominee for GreenPoint Mortgage Funding, Inc., its successors and assigns, in the
amount of $200.,000.00 on July 25, 2006. The Mortgage was recorded in the Suffolk County Clerk's
Office on October 2, 2006, in Liber M00021391, Page 767 at which time the mortgage recording tax was
duly paid. A copy of the Mortgage is attached hereto as Exhibit "B".
5. The Mortgage has been assigned From Mortgage Electronic Registration Systems, Inc.,
as nominee for GreenPoint Mortgage Funding, Inc., its successors and assigns, to Wilmington Trust,
National Association, as Successor Indenture Trustee for Citibank, N.A., as Indenture Trustee of SACO
I Trust 2006-12, Mortgage Backed Notes, Series 2006-12 by Assignment of Mortgage dated April 22,
2022 and recorded in the Suffolk County Clerk's Office on July 8, 2022, in Liber M00023436, Page 488.
A copy of the Assignment of Mortgage is attached hereto as Exhibit "B".
6. The tax map designation of the Mortgaged Premises is known as or part of District: 0400
Section: 264.00 Block: 04.00 Lot: 011.000. The full legal description of the Mortgaged Premises is
attached hereto as Exhibit "C".
7. The Defendant(s) referenced in paragraphs 3 and 4 above have failed to comply with the
terms of the Note and/or Mortgage by failing to pay the amount currently due for April 15, 2018 and each
subsequent paynient that has come due thereafter, with a rnaturity date of August 15, 2021, together with
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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.
8. 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
borrower(s)'
date of said notice, and advising of the 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
enti e principal sum due on the Note, along with all unpaid interest, advances, fees and costs are
accelerated and are now due and payable.
9. As of the date of default, the principal balance due and owing pursuant to the terms of the
Note and/or Mortgage is $87,441.09, together with accrued interest, taxes, assessments, water rates,
attorneys'
maintenance, late fees, insurance premiums, escrow advances, reasonable fees, and any other
chames 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 Foreclo.sure or Sale.
10. 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.
11. All Defendants herein inay 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 Plaintiffs Mortgage.
"D"
12. The Defendants identified more fully in Exhibit are made parties solely for the
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Preview
FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 SUPREME COURT OF TFIE STATE OF NEW YORK COUNTY OF SUFFOLK Wilmington Trust, National Association, as SUMMONS Successor Indenture Trustee to Citibank, N.A., as Indenture Trustee of SACO I Trust 2006-12, INDEX NO.: Mortgage-Backed Notes, Series 2006-12, MORTGAGED PREMISES: Plaintiff, 4 Cedar Ridge Lane vs. Dix Hills, NY 11746 District· Anthony C. Annunziato, Jr.; Kathleen S. 0400 Section: 264.00 Annunziate; HSBC Bank USÅ National Block: 04.00 Lot: 011.000 Association ASG Hamilton Equity Group LLC; People of the State of New York; 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] 22-11513NY 1 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 Suffolk County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. 4 11 2024 Date: By: Deborah M. Gallo, . . McCalla Raymer Leibel ier , LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Fax: 347-286-7414 Attorneys for Plaintiff, Wilmington Trust, National Association, as Successor Indenture Trustee to Citibank, N.A., as Indenture Trustee of SACO I Trust. 2006-12, Mortgage-Backed Notes, Series 2006-12 File No. 22-11513NY 22-11513NY 2 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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. 22-11513NY 3 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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.shtm! 22-11513NY 4 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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 INFORMACfON. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml O https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 22-11513NY 5 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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 "save" Be careful of people who approach you with offers to your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. 22-11513NY 6 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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, Wilmington Trust, National Association, as Successor Indenture Trustee to Citibank, N.A., as Indenture Trustee of SACO I D-ust 2006-12, Mortgage-Backed Notes, Series 2006-12, are the foreclosing party and are located c/o our servicer, Specialized Loan Servicing LLC, at 6200 S. Quebec St , Suite 300, Greenwood Village, CO 80111. We can be reached at (800)306-6059. 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 ORDERAND 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. 22-11513NY 7 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 SUPREME COURT OF TFIE STATE OF NEW YORK COUNTY OF SUFFOLK Wilmington Trust, National Association, as COMPLAINT FOR MORTGAGE Successor Indenture Trustee to Citibank, N.A., as FORECLOSURE Indenture Trustee of SACO I Trust 2006-12, Mortgage-Backed Notes, Series 2006-12' INDEX NO Plaintiff, MORTGAGED PREMISES: vs. 4 Cedar Ridge Lane Anthony C.. Annunziato, Jr.; Kathleen S. Annunziate; HSBC Bank USA National District; 0400 Section: 264.00 Association ASG Hamilton Equity Group LLC; Block: 04.00 Lot: 011.000 People of the State of New York; 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, Wilmington Trust, National Association, as Successor Indenture Trustee to Citibank, N.A., as Indenture Trustee of SACO I Trust 2006-12, Mortgage-Backed. Notes, Series 2006-12 ("Plaintiff'), by its Counsel, McCalla Raymer Leibert Pierce, LLC,. and for its Complaint against the above named Defendants, alleges as follows: 1. Plaintiff, a corporate trustee, having an address c/o its servicer, Specialized Loan Servicing LLC, 6200 S. Quebec St., Suite 300, Greenwood Village, CO 80111, 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. Plaintiff is duly licensed and/or organized under the laws of the United States of America or a state therein. 2. Plaintiff has the right to foreclose. The originals of the subject mortgage and note are in control" the entity's "possession and or that of the. custodian. foreclosing 22-11513NY 8 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 3. On or about July 25, 2006, Defendants Anthony C. Annunziato, Jr. and Kathleen S. Annunziato executed and delivered to GreenPoint Mortgage Funding, Inc. a certain note (the "Note") whereby they bound themselves 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 annual percentage rate of 4.000%. A copy of the Note is attached hereto as Exhibit "A". 4. To secure payment of the Note, Defendants Anthony C. Annunziato, Jr. and Kathleen S. Annunziato granted a mortgage (the "Mortgage") against the property owned by them located at 4 Cedar Ridge Lane, Dix Hills, NY 11746 (the "Mortgaged Premises") to Mortgage Electronic Registration Systems, Inc., as nominee for GreenPoint Mortgage Funding, Inc., its successors and assigns, in the amount of $200.,000.00 on July 25, 2006. The Mortgage was recorded in the Suffolk County Clerk's Office on October 2, 2006, in Liber M00021391, Page 767 at which time the mortgage recording tax was duly paid. A copy of the Mortgage is attached hereto as Exhibit "B". 5. The Mortgage has been assigned From Mortgage Electronic Registration Systems, Inc., as nominee for GreenPoint Mortgage Funding, Inc., its successors and assigns, to Wilmington Trust, National Association, as Successor Indenture Trustee for Citibank, N.A., as Indenture Trustee of SACO I Trust 2006-12, Mortgage Backed Notes, Series 2006-12 by Assignment of Mortgage dated April 22, 2022 and recorded in the Suffolk County Clerk's Office on July 8, 2022, in Liber M00023436, Page 488. A copy of the Assignment of Mortgage is attached hereto as Exhibit "B". 6. The tax map designation of the Mortgaged Premises is known as or part of District: 0400 Section: 264.00 Block: 04.00 Lot: 011.000. The full legal description of the Mortgaged Premises is attached hereto as Exhibit "C". 7. The Defendant(s) referenced in paragraphs 3 and 4 above have failed to comply with the terms of the Note and/or Mortgage by failing to pay the amount currently due for April 15, 2018 and each subsequent paynient that has come due thereafter, with a rnaturity date of August 15, 2021, together with 22-11513NY 9 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM INDEX NO. 609304/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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. 8. 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 borrower(s)' date of said notice, and advising of the 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 enti e principal sum due on the Note, along with all unpaid interest, advances, fees and costs are accelerated and are now due and payable. 9. As of the date of default, the principal balance due and owing pursuant to the terms of the Note and/or Mortgage is $87,441.09, together with accrued interest, taxes, assessments, water rates, attorneys' maintenance, late fees, insurance premiums, escrow advances, reasonable fees, and any other chames 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 Foreclo.sure or Sale. 10. 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. 11. All Defendants herein inay 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 Plaintiffs Mortgage. "D" 12. The Defendants identified more fully in Exhibit are made parties solely for the 22-11513NY 10 of 15 FILED: SUFFOLK COUNTY CLERK 04/11/2024 04:22 PM