Preview
FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
Prog
Index No:
Date.Filed:
****CONSUMER CREDIT TRANSACTION****
SUPREME COURT OF THE STATE OF NEW YORK 0933X 422973
COUNTY OF ALBANY Clt Acet: XXXX9442
_____________________________________________Ç
VELOCITY INVESTMENTS, LLC SUMMONS
Plaintiff The basis of the venue designated is: County in which defendant(s) resides
against The defendant resides in the county of ALBANY
The transaction took place out of state.
TRISTINE ELLIS
Defendant(s)
_____________________________________________Ç
To the above named Defendant(s)
You are hereby summoned and required to answer the complaint in this action and to serve a copy of your answer, or,
if the complaint is not served with summons, to serve a notice of appearance, on the Plaintiffs Attorney(s)
within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the
the service is complete if this summons is not personally delivered to you within the State of New York);
and in case of your failure to appear or answer, judgement will be taken against you by default for the relief
demanded in the complaint
Apr 2, 2024
Defendant's address:
TRISTINE ELLIS
74 VLY RD APT 1
ALBANY NY 12205
Attorney(s) for Plaintiff
Malen & Associates, p.c.
123 Frost Street, Suite 203
Westbury, NY 11590
(516) 334-3500 Ext: 5939 am Hugh las Templeto
' Nig
New York City Department of Cons Aff fise: 2046078-DCA
Upon your failure to appear, judgment will be taken against you by default for the sum of $ 9223.42
with statutory costs and disbursements of this action.
This is an attempt to collect a debt, any information obtained will be used for that purpose.
We are a Debt Collector.
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FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
SUPREME COURT OF THE STATE OF NEW YORK INDEX #:
COUNTY OF ALBANY
X OUR FILE #: 0933X -422973
VELOCITY INVESTMENTS, LLC
Plaintiff, COMPLAINT
-against-
TRISTINE ELLIS
Plaintiffs Address:
Defendant(s) 1800 Route 34 N.Bldg3 305
--------------------------X Wall, NJ07719
PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defendant(s),
allege(s) upon information and belief:
1. Plaintiff is a Foreign Limited Liability Company authorized to do business in NY
Plaintiff s New York City Department of Consumer Affairs license number is 1199638.
2. Defendant TRISTINE ELLIS resides or has its principal place of
business at: 74 VLY RD APT 1 ALBANY NY 12205
3. Upon Information and belief the transaction of business occurred within ALBANY County.
4. CAUSE OF ACTION NUMBER ONE:
Defendant(s) executed a contract to borrow money and/or have credit extended which money and/or credit was to be
repaid in monthly installments plus interest. There remains due and owing the sum of $9223.42.
Account number ending in: XXXX9442
5. That no portion of the aforementioned sum has been paid, although duly demanded.
6. The original creditor is: CROSS RIVER BANK
7. The debt was assigned:
On:02/08/22
From: CROSS RIVER BANK
To: UPSTART NETWORK, INC. SERVICER FOR
Cross River Bank Account with Upstart
Network, Inc .
The Amount Due at the time of the sale: $ 8600.00
The account was then sold in the following order:
On:01/31/23
From: UPSTART NETWORK, INC. SERVICER FOR
Cross River Bank Account with Upstart Network, Inc .
To: VELOCITY INVESTMENTS, LLC
Plaintiff expressly disclaims any right to attorney fees that it may have.
Principal: 8378.87
Finance Charge or Charges: .00
Fees imposed by Original Creditor: 60.00
Total amount credited since Charge-Off: $ .00
Collection Costs: None
Interest: 784.55
Any other fees and charges: None
Date of last payment: 07/26/22 Amount of last payment: $ 221.59
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FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
The Account Balance printed on the most recent monthly statement recording a purchase
last payment or balance transfer: $ 8378.87
WHEREFORE Plaintiff demands judgment against Defendant(s) in the sum of $ 9223.42 on the first cause of action;
together with statutory costs and disbursements. If a judgment is entered, legal
interest will accrue from the date the judgment is entered at the annual rate of 2%.
DATED: Apr 2, 2024
Westbury, New York
dam Hugh , Nic olas Templeton
MALEN & ASSOCIATES, p.e.
Attorneys for Plaintiff This is an attempt to collect a debt. Any information obtained will be
123 Frost Street, Suite 203 used for that purpose. We are a Debt Collector.
Westbury, N.Y. 11590
(516) 334-3500 Extension: 5939
New York City Department of Consumer Affairs License: 2046078-DCA
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FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
________________..______----__
VELOCITY INVESTMENTS, LLC File No. 0933X 422973
Plaintiff
-against-
TRISTINE ELLIS Index#:
Defendant(s)
..________....________..-_____
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been
commenced by filing of the accompanying documents with the County Clerk, is
subject to mandatory electronic filmg pursuant to Section 202.5-bb of the Uniform
Rules for the Trial Courts. This notice is being served as required by Subdivision (b)
(3) of that Section.
The New York State Courts Electronic Filing System ("NYSCEF") is
designed for the electronic filing of documents with the County Clerk and the court
and for the electronic service of those documents, court documents, and court notices
upon counsel and self-represented parties. Counsel and/or parties who do not notify
the court of a claimed exemption (see as required
below) by Section 202.5-bb(e)
must immediately record their representation within the e-filed matter on the Consent
page in NYSCEF. Failure to do so may result in an inability to receive electronic
notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify
in good faith that they lack the computer equipment and (along with all employees)
the requisite knowledge to comply; and 2) self-represented parties who choose not to
participate in e filing. For additional information about electronic filing, including
access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile
or contact the NYSCEF Reso ce Center at 646-386-3033 or efile@courts.state.ny.us.
Dated: Apr 2, 2024
dam Hughe , N h as Temple
OCIATES, P.C.
12 rost Street
Westbury, NY 11590
51 6.334.3500
To: TRISTINE ELLIS
74 VLY RD APT 1
ALBANY NY 12205
This is an attempt to collect a debt, any information obtained shall be used for that
purpose. We are Debt Collectors.
New York City Department of Consumer Affairs License: 2046078-DCA
supremeefile
4 of 20
FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1
DocuSign Envelope ID: 2ACEA350-1381-4BBE-A2EC-6E485988087
RECEIVED NYSCEF: 04/11/2024
Approval Disclosure
2/8/2022 9442
LOAN ID:
BORROWER: CREDITOR:
Cross River Bank
Tristine Ellis
885 Teaneck Road
Teaneck, NJ, 07666
ANNUAL FINANCE Amount Financed Total of Payments
PERCENTAGE CHARGE The amount of credit The amount you will
dollar amount the provided to you. have paid after you
RATE The
credit will cost you. have made all
The cost of your
payments as
credit as a yearly rate.
scheduled.
21.67% $5,202.42 $8,060.87 $13,263.29
I
Your Payrd nt Schedule i l bp:
Number of Payments A unt of Payments When Payments Are Due
Monthly Be inning
59 $221.29 Mar 8, 2 22
1 $207.18 Feb 8, 2027
Late charge:
If a payment is late, you may bp charg
5% of tpe payment o . 15, which er is greater.
Prepayment:
If you pay off early, you will not have to pay a penalty.
You will not be entitled to a refund of part of the finance charge.
See your Promissory Note for additional information about nonpayment, default, any required
repayment in full before the scheduled date and prepayment refunds and penalties.
Itemization of $8,060.87 Amount Financed
Amount paid to you: $8,060.87
Prepaid Finance Charge (Origination Fee): $539.13
Principal Amount: $8,600
Docusignedby:
By: Date: 2/8/2022
(SignedEkactronically)
The original document is owned by Velocity Investments, LLC and this copy was created on Mar 01, 2023 08:52:09 AM.
5 of 20
FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1 by the eCore® NYSCEF:
Copy of the Electronic Original® document managedRECEIVED On Demand (EOD ) Service.
04/11/2024
DocuSign Envelope ID: 2ACEA350-1381-4BBE-A2EC-6E4859B80874
Promissory Note ("Note")
Loan ID: 442
Upstart Borrower ID:
Lender:
Cross River Bank
885 Teaneck Road
Teaneck, NJ 07666
1. Promise to Pay.
For value received from Cross River Bank, a New Jersey state-chartered bank
"
located in Teaneck, New
Jersey ("CRB or "you").I promise to pay to the order of CR or any subsequent
holder or assignee of this Note, the principal sum,of $8 i600 ..together with interest reon commencing
on the date that funds are issued to me at thq r te of 18. 62% per annum simple interest. I acknowledge
that I have read and agree to be bound by the agneement to arbitrate all claims in Section 17 below unless I
have rejected the proviiion-as provided in.Section 17.. By completing and submitting niy Ioan application, I
am requesting a loan on the terms descdbed in.this Note. I understand and agree that when you receive my
application and this signed Note you are not agreeing to lend me money and you have the right not to make a
loan to me. I understand that I am not bound by the terms and conditions set forth in this Note until you have
funded a Loan. If you decide to make a Loan to me, I agree to be bound by the terms of this Note.
2. Payments. This Note is payable in 60 installments of 5221.29 each,
monthly
consisting of principal and-interest, commencing on Mar 8, 2022 , and continuing on the
same day of each successive month thereafter until the final payment date of Feb 8, 2027 , which
is the maturity date of this Note. If thepayment due:date typically is on the 29th;30th, o 31st of the month,
but a month does not have a 29th,30th, or Ist dayL then the monthly payment will due on the last day of
the month in which the payment was tlue ut less otherwise notified in writing. The fi al payment will consist
of the then-remaining principal, unjjaid ace udd interest and other chargee due.uIder this Note. All payments
will be applied first to any unpaid fees incurred as.a resultof failed automated payments or returned bank
drafts or checks, as provided in Section 4 below; then to any late charges then due; then to any interest then
due; and then to principal. Although the principal amount of my loan includes the origination fee, no unpaid
interest or other charges will be added to principal.
3. Interest. Periodic interest will be charged on unpaid principal until the full amount of principal has
been paid. Interest under this Note will accrue
on a daily basis on the unpaid principal balance (including my
origination fee) set forth above. Because of the accrual of interest on any late payments and the effect of
rounding, my final payment may be more (or less) than my regular payment. I acknowledge that if I make my
payments after the scheduled due date, this Note will not amortize as originally scheduled, which may result in
a substantially higher final payment amount. The interest rate I will pay will be the rate I will pay both before
and after any default unless and until my loan is charged off.
The original document is owned by Velocity Investments, LLC and this
6 of 20 copy was created on Mar 01, 2023 08:52:09 AM.
FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1 Copy of the Electronic Original® document managed RECEIVED On Demand (EOD")
by the eCore® NYSCEF: Service.
04/11/2024
DocuSign Envelope ID: 2ACEA350-13814BBE-A2EC-6E4859880874
4. Fees. I agree to pay the following fees to the extent permitted by applicable law:
Fee Frequency Description
Origination Fee 6 . 269% One time This is a one-time fee
of the Loan Amount and, except as provided
in Section 10, is non-
refundable. You will
deduct from the loan
proceeds before they are
delivered to me.
Late Payment Fee The greater of 5 % of Per occurrence If 1 do not pay you the
past due amount or full amount of any
$15. monthly payment within
10 calendar days of its
. due:date,you may
cha ge me a late fee.
Any payment received
after 3:00 PM Pacific
time on a business day is
deemed received on the
next business day.
ACH Return or Check $15 Per occurrence If Automated Clearing
Refund Fee House ("ACH") transfers
or checks are rejected or
returned for any reason,
. o fail due to insufficient
nds in my bank
acepunt, then you may
charge this fee. Each
attempt to collect a
payment is considered a
separate transaction, so
an ACH return or check
refund fee will be
assessed for each failed
attempt.
I authorize you to collect these fees using ACH transfers initiated by you from my designated bank account if I
have chosen this method of payment (see Section 6). Any fees you assess are immediately due. I
acknowledge and agree that the origination fee is part of my loan principal.
Members of the Armed Forces: Federal law provides important protection to members of the Armed Forces
and their dependcÀts relating to the extension of consumer credit. In general, the cost of consumer credit to a
member of the Armed Forces and his or her dependent not exceed an annual percentage rate of 36
may
percent. This rate must include, as applicable to the credit transaction or account: The costs associated with
The original document is owned by Velocity Investments, LLC and this copy was created on Mar 01, 2023 08:52:09 AM.
7 of 20
FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1 Copy of the Electronic Original®document by the eCore® NYSCEF:
managed RECEIVED On Demand (EODm) Service.
04/11/2024
DocuSign Envelope ID: 2ACEA350-1381-4BBE-A2EC-6E4859880874
credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any
application fee charged (other than certain application fees for specified credit transactions or accounts); and
any participation fee charged (other than certain participation fees for a credit card account).
5. Proceeds. I agree that the proceeds of my loan will be paid via an electronic fund transfer into the
deposit account I have identified in my loan application, or in such other manner as you determine. I
acknowledgement that the timeliness of crediting proceeds to this account is dependent on the accuracy of the
information I provide, when I complete all origination activities, and prompt crediting by the financial
institution that holds my account. You are not responsible for the actions of the financial institution that holds
my account.
6. Method of Payment.
I agree to pay the principal, periodic interest and any fees on this Note when
due. You have given me the choice
of making my monthly payments by (i) an ACH or other electronic fund
transfer from my bank account that I have authorized to automatically recur, (ii) by an ACH transfer initiated
by me each month, or (ii) personal check by regular mail to Upstart Loan Operations, P.O. Box 1503, San
Carlos, CA 94070 or any subsequent creditor that I am notified of. If I have completed an ACH bank transfer
authorization, then you will
automatically transfer my first payment in the amount specified in the
authorization from
my bank account, unless I cancel or modify this payment at least 3 business days before its
scheduled date by contacting yoh, as described in Section 14, or your bank. If my ACH bank transfers are
rejected or returned for any reason, Iunderstand ;and agree that you may try to debit my account two more
times. I also agree you may apply the ACH re urn/cheek retundfee 4, subject to
described in Section
applicable law. cach time an ACH(tmnsfer is returned or rejected. that my financial
I acknowledge institution
may also charge a fee in addition to your tee and you are not responsible for any such fees. All written
communications concerning disputed amounts including any check or other payment instrument that (i) is
full"
postdated and accompanied by adequate notice, (ii) indicates that the payment constitutes "payment in of
the amount owed, (iii) is tendered with other conditions or limitations or (iv) is otherwise tendered as full
satisfaction of a disputed amount, must be marked for special handling and mailed or delivered to us at Upstart
Loan Operations, P.O. Box 1503, San Carlos, CA 94070.
7. Waiver of Defenses. Except as otherwise pmvided in this Note or as required by applicable law,
you are not responsible or liable to me for the quality, safety,legality or any other aspect of any property or
services purchasedith the proceeds of my 1 an. I I have a di pute with any person fros% whom I have
purchased such property or services. I agree t settle thp dire tly pith that the
dispdty
borr“vrer" perpony Notwithstanding
foregoing, this section shall not apply if I at "covered unded the Military Lending Act, 10 U.S.C
§ 987 and this section would waivearight to legal recourse that I have urider federal state, or other applicable
laW.
8. Certification. Unless I have certified to you otherwise, I agree that the proceeds of my loan will not
be applied (i) in whole or in part to postsecondary educational expenses (i.e., tuition, fees, required equipment
or supplies, room and board, or other miscellaneous personal expenses incurred while I am studying) at a
expenses"
college/university/vocational school, as the term "postsecondary educational is defined in
Regulation Z, 12 C.F.R. § 1026.46 (b)(3), or (ii) for any home purchase or refinance.
9. Default and Remedies. Subject to the limitations of applicable
state law and any right to notice and
to cure under applicable state law, I will be deemed in default(each, an "Event
of Default") of my obligations
under this Note if I: (i) fail to pay timely any amount due under this Note; (ii) file or have instituted against me
any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (iii) die; (iv)
commit fraud or make any material misrepresentation in this Note or in my loan application; or (v) fail to abide
by the terms of this Note. Upon the occurrence of an Event of Default, you may exercise all remedies
available to you under applicable law, including demand that I immediately pay all amounts due under this
Note. You reserve the right to report loan payment delinquencies of 30 days or longer to one or more
The original document is owned by Velocity Investments, LLC and this copy was created on Mar 01, 2023 08:52:09 AM.
8 of 20
FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24
NYSCEF DOC. NO. 1 Copy of the Electronic Original® document managed RECEIVED On Demand (EOD")
by the eCore® NYSCEF: Service.
04/11/2024
DocuSign Envelope ID: 2ACEA350-1381-4BBE-A2EC-6E4859B80874
consumer reporting agencies in accordance with applicable law. I acknowledge these may be reflected in my
attorneys'
credit report. I agree to pay all costs of collecting any delinquent payments, including reasonable
fees, to the greatest extent not prohibited by applicable law.
10. Prepayments; Partial Payments; Forbearance. I may prepay this Note in full or in part at any time
without penalty. Any partial prepayment is to be applied against outstanding principal and does not postpone
the due date of any subsequent monthly installments, unless you otherwise agree in writing. If I prepay this
Note in part, I agree to continue to make regularly scheduled payments until all amounts due under this Note
are paid. A partial pre-payment willnot result in the refund of any origination fee amount.
Further, I understand I may request forbearance in accordance with your reasonable procedures and
requirements, and the decision to grant my request for forbeanmce shall be solely at your discretion. During
any period of forbearance, my regularly scheduled payments of principal and interest on my loan may be
deferred to the extent permitted by applicable law. Except as described above, I understand that I will mmain
responsible for all interest
accruing during any period of forbearance. I understand that any periods of
forbearance may increase my monthly payments during my loan term or, in limited cases, may extend my
repayment period unless prohibited by applicable law.
11. Waivers. . Even if, aÏ a time when I am in default, you do not require me to p y inúnediately in full,
you will still have the right to dO so j.flam in default-at ajater time. Neither your failu e to exercise any of
your rights, nor your delay in enforcing or exe!c ing;any of your rights, will waive those rights. Furthermore,
if you waive any right under this Itote on one !ccasion, tha6waiver will not operate as a waiver as to any other
borrower"
occasion. Subject to applicable laws. unle½ I am a "covered under.the Nfilitdrý Lending Act, 10
U.S.C § 987, I waive presentment, notice of d shonor, protest and all other demimds and notices in connection
with the delivery, acceptance, performance or_enforcement_of this Note.
12. Assignment. I am not allowed to assign any of my obligations under this Note with
Preview
FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 Prog Index No: Date.Filed: ****CONSUMER CREDIT TRANSACTION**** SUPREME COURT OF THE STATE OF NEW YORK 0933X 422973 COUNTY OF ALBANY Clt Acet: XXXX9442 _____________________________________________Ç VELOCITY INVESTMENTS, LLC SUMMONS Plaintiff The basis of the venue designated is: County in which defendant(s) resides against The defendant resides in the county of ALBANY The transaction took place out of state. TRISTINE ELLIS Defendant(s) _____________________________________________Ç To the above named Defendant(s) You are hereby summoned and required to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgement will be taken against you by default for the relief demanded in the complaint Apr 2, 2024 Defendant's address: TRISTINE ELLIS 74 VLY RD APT 1 ALBANY NY 12205 Attorney(s) for Plaintiff Malen & Associates, p.c. 123 Frost Street, Suite 203 Westbury, NY 11590 (516) 334-3500 Ext: 5939 am Hugh las Templeto ' Nig New York City Department of Cons Aff fise: 2046078-DCA Upon your failure to appear, judgment will be taken against you by default for the sum of $ 9223.42 with statutory costs and disbursements of this action. This is an attempt to collect a debt, any information obtained will be used for that purpose. We are a Debt Collector. 1 of 20 FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX #: COUNTY OF ALBANY X OUR FILE #: 0933X -422973 VELOCITY INVESTMENTS, LLC Plaintiff, COMPLAINT -against- TRISTINE ELLIS Plaintiffs Address: Defendant(s) 1800 Route 34 N.Bldg3 305 --------------------------X Wall, NJ07719 PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defendant(s), allege(s) upon information and belief: 1. Plaintiff is a Foreign Limited Liability Company authorized to do business in NY Plaintiff s New York City Department of Consumer Affairs license number is 1199638. 2. Defendant TRISTINE ELLIS resides or has its principal place of business at: 74 VLY RD APT 1 ALBANY NY 12205 3. Upon Information and belief the transaction of business occurred within ALBANY County. 4. CAUSE OF ACTION NUMBER ONE: Defendant(s) executed a contract to borrow money and/or have credit extended which money and/or credit was to be repaid in monthly installments plus interest. There remains due and owing the sum of $9223.42. Account number ending in: XXXX9442 5. That no portion of the aforementioned sum has been paid, although duly demanded. 6. The original creditor is: CROSS RIVER BANK 7. The debt was assigned: On:02/08/22 From: CROSS RIVER BANK To: UPSTART NETWORK, INC. SERVICER FOR Cross River Bank Account with Upstart Network, Inc . The Amount Due at the time of the sale: $ 8600.00 The account was then sold in the following order: On:01/31/23 From: UPSTART NETWORK, INC. SERVICER FOR Cross River Bank Account with Upstart Network, Inc . To: VELOCITY INVESTMENTS, LLC Plaintiff expressly disclaims any right to attorney fees that it may have. Principal: 8378.87 Finance Charge or Charges: .00 Fees imposed by Original Creditor: 60.00 Total amount credited since Charge-Off: $ .00 Collection Costs: None Interest: 784.55 Any other fees and charges: None Date of last payment: 07/26/22 Amount of last payment: $ 221.59 2 of 20 FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 The Account Balance printed on the most recent monthly statement recording a purchase last payment or balance transfer: $ 8378.87 WHEREFORE Plaintiff demands judgment against Defendant(s) in the sum of $ 9223.42 on the first cause of action; together with statutory costs and disbursements. If a judgment is entered, legal interest will accrue from the date the judgment is entered at the annual rate of 2%. DATED: Apr 2, 2024 Westbury, New York dam Hugh , Nic olas Templeton MALEN & ASSOCIATES, p.e. Attorneys for Plaintiff This is an attempt to collect a debt. Any information obtained will be 123 Frost Street, Suite 203 used for that purpose. We are a Debt Collector. Westbury, N.Y. 11590 (516) 334-3500 Extension: 5939 New York City Department of Consumer Affairs License: 2046078-DCA 3 of 20 FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ________________..______----__ VELOCITY INVESTMENTS, LLC File No. 0933X 422973 Plaintiff -against- TRISTINE ELLIS Index#: Defendant(s) ..________....________..-_____ NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filmg pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see as required below) by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Reso ce Center at 646-386-3033 or efile@courts.state.ny.us. Dated: Apr 2, 2024 dam Hughe , N h as Temple OCIATES, P.C. 12 rost Street Westbury, NY 11590 51 6.334.3500 To: TRISTINE ELLIS 74 VLY RD APT 1 ALBANY NY 12205 This is an attempt to collect a debt, any information obtained shall be used for that purpose. We are Debt Collectors. New York City Department of Consumer Affairs License: 2046078-DCA supremeefile 4 of 20 FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 DocuSign Envelope ID: 2ACEA350-1381-4BBE-A2EC-6E485988087 RECEIVED NYSCEF: 04/11/2024 Approval Disclosure 2/8/2022 9442 LOAN ID: BORROWER: CREDITOR: Cross River Bank Tristine Ellis 885 Teaneck Road Teaneck, NJ, 07666 ANNUAL FINANCE Amount Financed Total of Payments PERCENTAGE CHARGE The amount of credit The amount you will dollar amount the provided to you. have paid after you RATE The credit will cost you. have made all The cost of your payments as credit as a yearly rate. scheduled. 21.67% $5,202.42 $8,060.87 $13,263.29 I Your Payrd nt Schedule i l bp: Number of Payments A unt of Payments When Payments Are Due Monthly Be inning 59 $221.29 Mar 8, 2 22 1 $207.18 Feb 8, 2027 Late charge: If a payment is late, you may bp charg 5% of tpe payment o . 15, which er is greater. Prepayment: If you pay off early, you will not have to pay a penalty. You will not be entitled to a refund of part of the finance charge. See your Promissory Note for additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. Itemization of $8,060.87 Amount Financed Amount paid to you: $8,060.87 Prepaid Finance Charge (Origination Fee): $539.13 Principal Amount: $8,600 Docusignedby: By: Date: 2/8/2022 (SignedEkactronically) The original document is owned by Velocity Investments, LLC and this copy was created on Mar 01, 2023 08:52:09 AM. 5 of 20 FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 by the eCore® NYSCEF: Copy of the Electronic Original® document managedRECEIVED On Demand (EOD ) Service. 04/11/2024 DocuSign Envelope ID: 2ACEA350-1381-4BBE-A2EC-6E4859B80874 Promissory Note ("Note") Loan ID: 442 Upstart Borrower ID: Lender: Cross River Bank 885 Teaneck Road Teaneck, NJ 07666 1. Promise to Pay. For value received from Cross River Bank, a New Jersey state-chartered bank " located in Teaneck, New Jersey ("CRB or "you").I promise to pay to the order of CR or any subsequent holder or assignee of this Note, the principal sum,of $8 i600 ..together with interest reon commencing on the date that funds are issued to me at thq r te of 18. 62% per annum simple interest. I acknowledge that I have read and agree to be bound by the agneement to arbitrate all claims in Section 17 below unless I have rejected the proviiion-as provided in.Section 17.. By completing and submitting niy Ioan application, I am requesting a loan on the terms descdbed in.this Note. I understand and agree that when you receive my application and this signed Note you are not agreeing to lend me money and you have the right not to make a loan to me. I understand that I am not bound by the terms and conditions set forth in this Note until you have funded a Loan. If you decide to make a Loan to me, I agree to be bound by the terms of this Note. 2. Payments. This Note is payable in 60 installments of 5221.29 each, monthly consisting of principal and-interest, commencing on Mar 8, 2022 , and continuing on the same day of each successive month thereafter until the final payment date of Feb 8, 2027 , which is the maturity date of this Note. If thepayment due:date typically is on the 29th;30th, o 31st of the month, but a month does not have a 29th,30th, or Ist dayL then the monthly payment will due on the last day of the month in which the payment was tlue ut less otherwise notified in writing. The fi al payment will consist of the then-remaining principal, unjjaid ace udd interest and other chargee due.uIder this Note. All payments will be applied first to any unpaid fees incurred as.a resultof failed automated payments or returned bank drafts or checks, as provided in Section 4 below; then to any late charges then due; then to any interest then due; and then to principal. Although the principal amount of my loan includes the origination fee, no unpaid interest or other charges will be added to principal. 3. Interest. Periodic interest will be charged on unpaid principal until the full amount of principal has been paid. Interest under this Note will accrue on a daily basis on the unpaid principal balance (including my origination fee) set forth above. Because of the accrual of interest on any late payments and the effect of rounding, my final payment may be more (or less) than my regular payment. I acknowledge that if I make my payments after the scheduled due date, this Note will not amortize as originally scheduled, which may result in a substantially higher final payment amount. The interest rate I will pay will be the rate I will pay both before and after any default unless and until my loan is charged off. The original document is owned by Velocity Investments, LLC and this 6 of 20 copy was created on Mar 01, 2023 08:52:09 AM. FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 Copy of the Electronic Original® document managed RECEIVED On Demand (EOD") by the eCore® NYSCEF: Service. 04/11/2024 DocuSign Envelope ID: 2ACEA350-13814BBE-A2EC-6E4859880874 4. Fees. I agree to pay the following fees to the extent permitted by applicable law: Fee Frequency Description Origination Fee 6 . 269% One time This is a one-time fee of the Loan Amount and, except as provided in Section 10, is non- refundable. You will deduct from the loan proceeds before they are delivered to me. Late Payment Fee The greater of 5 % of Per occurrence If 1 do not pay you the past due amount or full amount of any $15. monthly payment within 10 calendar days of its . due:date,you may cha ge me a late fee. Any payment received after 3:00 PM Pacific time on a business day is deemed received on the next business day. ACH Return or Check $15 Per occurrence If Automated Clearing Refund Fee House ("ACH") transfers or checks are rejected or returned for any reason, . o fail due to insufficient nds in my bank acepunt, then you may charge this fee. Each attempt to collect a payment is considered a separate transaction, so an ACH return or check refund fee will be assessed for each failed attempt. I authorize you to collect these fees using ACH transfers initiated by you from my designated bank account if I have chosen this method of payment (see Section 6). Any fees you assess are immediately due. I acknowledge and agree that the origination fee is part of my loan principal. Members of the Armed Forces: Federal law provides important protection to members of the Armed Forces and their dependcÀts relating to the extension of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent not exceed an annual percentage rate of 36 may percent. This rate must include, as applicable to the credit transaction or account: The costs associated with The original document is owned by Velocity Investments, LLC and this copy was created on Mar 01, 2023 08:52:09 AM. 7 of 20 FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 Copy of the Electronic Original®document by the eCore® NYSCEF: managed RECEIVED On Demand (EODm) Service. 04/11/2024 DocuSign Envelope ID: 2ACEA350-1381-4BBE-A2EC-6E4859880874 credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). 5. Proceeds. I agree that the proceeds of my loan will be paid via an electronic fund transfer into the deposit account I have identified in my loan application, or in such other manner as you determine. I acknowledgement that the timeliness of crediting proceeds to this account is dependent on the accuracy of the information I provide, when I complete all origination activities, and prompt crediting by the financial institution that holds my account. You are not responsible for the actions of the financial institution that holds my account. 6. Method of Payment. I agree to pay the principal, periodic interest and any fees on this Note when due. You have given me the choice of making my monthly payments by (i) an ACH or other electronic fund transfer from my bank account that I have authorized to automatically recur, (ii) by an ACH transfer initiated by me each month, or (ii) personal check by regular mail to Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070 or any subsequent creditor that I am notified of. If I have completed an ACH bank transfer authorization, then you will automatically transfer my first payment in the amount specified in the authorization from my bank account, unless I cancel or modify this payment at least 3 business days before its scheduled date by contacting yoh, as described in Section 14, or your bank. If my ACH bank transfers are rejected or returned for any reason, Iunderstand ;and agree that you may try to debit my account two more times. I also agree you may apply the ACH re urn/cheek retundfee 4, subject to described in Section applicable law. cach time an ACH(tmnsfer is returned or rejected. that my financial I acknowledge institution may also charge a fee in addition to your tee and you are not responsible for any such fees. All written communications concerning disputed amounts including any check or other payment instrument that (i) is full" postdated and accompanied by adequate notice, (ii) indicates that the payment constitutes "payment in of the amount owed, (iii) is tendered with other conditions or limitations or (iv) is otherwise tendered as full satisfaction of a disputed amount, must be marked for special handling and mailed or delivered to us at Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070. 7. Waiver of Defenses. Except as otherwise pmvided in this Note or as required by applicable law, you are not responsible or liable to me for the quality, safety,legality or any other aspect of any property or services purchasedith the proceeds of my 1 an. I I have a di pute with any person fros% whom I have purchased such property or services. I agree t settle thp dire tly pith that the dispdty borr“vrer" perpony Notwithstanding foregoing, this section shall not apply if I at "covered unded the Military Lending Act, 10 U.S.C § 987 and this section would waivearight to legal recourse that I have urider federal state, or other applicable laW. 8. Certification. Unless I have certified to you otherwise, I agree that the proceeds of my loan will not be applied (i) in whole or in part to postsecondary educational expenses (i.e., tuition, fees, required equipment or supplies, room and board, or other miscellaneous personal expenses incurred while I am studying) at a expenses" college/university/vocational school, as the term "postsecondary educational is defined in Regulation Z, 12 C.F.R. § 1026.46 (b)(3), or (ii) for any home purchase or refinance. 9. Default and Remedies. Subject to the limitations of applicable state law and any right to notice and to cure under applicable state law, I will be deemed in default(each, an "Event of Default") of my obligations under this Note if I: (i) fail to pay timely any amount due under this Note; (ii) file or have instituted against me any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (iii) die; (iv) commit fraud or make any material misrepresentation in this Note or in my loan application; or (v) fail to abide by the terms of this Note. Upon the occurrence of an Event of Default, you may exercise all remedies available to you under applicable law, including demand that I immediately pay all amounts due under this Note. You reserve the right to report loan payment delinquencies of 30 days or longer to one or more The original document is owned by Velocity Investments, LLC and this copy was created on Mar 01, 2023 08:52:09 AM. 8 of 20 FILED: ALBANY COUNTY CLERK 04/11/2024 02:58 AM INDEX NO. 903585-24 NYSCEF DOC. NO. 1 Copy of the Electronic Original® document managed RECEIVED On Demand (EOD") by the eCore® NYSCEF: Service. 04/11/2024 DocuSign Envelope ID: 2ACEA350-1381-4BBE-A2EC-6E4859B80874 consumer reporting agencies in accordance with applicable law. I acknowledge these may be reflected in my attorneys' credit report. I agree to pay all costs of collecting any delinquent payments, including reasonable fees, to the greatest extent not prohibited by applicable law. 10. Prepayments; Partial Payments; Forbearance. I may prepay this Note in full or in part at any time without penalty. Any partial prepayment is to be applied against outstanding principal and does not postpone the due date of any subsequent monthly installments, unless you otherwise agree in writing. If I prepay this Note in part, I agree to continue to make regularly scheduled payments until all amounts due under this Note are paid. A partial pre-payment willnot result in the refund of any origination fee amount. Further, I understand I may request forbearance in accordance with your reasonable procedures and requirements, and the decision to grant my request for forbeanmce shall be solely at your discretion. During any period of forbearance, my regularly scheduled payments of principal and interest on my loan may be deferred to the extent permitted by applicable law. Except as described above, I understand that I will mmain responsible for all interest accruing during any period of forbearance. I understand that any periods of forbearance may increase my monthly payments during my loan term or, in limited cases, may extend my repayment period unless prohibited by applicable law. 11. Waivers. . Even if, aÏ a time when I am in default, you do not require me to p y inúnediately in full, you will still have the right to dO so j.flam in default-at ajater time. Neither your failu e to exercise any of your rights, nor your delay in enforcing or exe!c ing;any of your rights, will waive those rights. Furthermore, if you waive any right under this Itote on one !ccasion, tha6waiver will not operate as a waiver as to any other borrower" occasion. Subject to applicable laws. unle½ I am a "covered under.the Nfilitdrý Lending Act, 10 U.S.C § 987, I waive presentment, notice of d shonor, protest and all other demimds and notices in connection with the delivery, acceptance, performance or_enforcement_of this Note. 12. Assignment. I am not allowed to assign any of my obligations under this Note with