On May 04, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt,
and
Angelina Court Homeowners Association, Inc.,
Christopher Dash,
John Doe Number One Through John Doe Number Ten,
Michele Dash,
New York City Environmental Control Board,
New York State Department Of Taxation And Finance,
Patricia Baretti,
Philip Barretti,
Teresa Raiola,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Richmond County.
Preview
FILED: RICHMOND COUNTY CLERK 04/23/2024 01:31 PM INDEX NO. 135304/2018
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/23/2024
EXHIBIT 2
FILED: RICHMOND COUNTY CLERK 04/23/2024 01:31 PM INDEX NO. 135304/2018
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
_________________________________________Ç
U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE
FOR THE RMAC TRUST, SERIES 2016-CTT,
Plaintiff,
-against-
Index No.: 135304/2018
PHILIP BARRETTI; ANGELINA COURT
HOMEOWNERS ASSOCIATION, INC.; NEW YORK AFFIDAVIT OF AMOUNT DUE
CITY ENVIRONMENTAL CONTROL BOARD;
PATRICIA BARETTI; TERESA RAIOLA; NEW YORK
STATE DEPARTMENT OF TAXATION AND
FINANCE, CHRISTOPHER DASH; MICHELE DASH,
Defendants.
_______________________________________Ç
STATE OF Texas
)
) SS.:
DaHas
COUNTY OF
Verlina Griffin , being duly sworn, deposes and says:
Execution Specialist
Document
1. That I am the of Selene Finance LP the servicer and appointed
attorney in fact for U.S. Bank Trust National Association, not in its individual capacity but solely as
owner trustee for RCF 2 Acquisition Trust c/o U.S. Bank Trust National Association, successor in
interest to the Plaintiff. As such, I am familiar with this file. I make this affidavit based upon my review
of Selene Finance LP's business records as they relate to the Note and Mortgage at issue herein. As a
mortgage servicer, Selene Finance LP collects payments from the borrowers and maintains up-to-date
electronic records concerning the loans it services in its electronic record-keeping system. I have access
to the business records of Selene Finance LP, including the business records for and relating to the loan
of defendant PHILIP BARRETTI (hereinafter "Defendant"). I make this affidavit based upon my
review of those records relating to the loan and from my own personal knowledge of how they are kept
and maintained. I am personally familiar with Selene Finance LP's record keeping practices with
respect to the Note and Mortgage at issue herein. The loan records are maintained by Selene Finance
LP in the course of its regularly conducted business activities and are made at or near the time of the
Affidavit of Debt/2267-002193-FC/PHILIP BARRETTI
FILED: RICHMOND COUNTY CLERK 04/23/2024 01:31 PM INDEX NO. 135304/2018
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/23/2024
event, by or from information transmitted by a person with knowledge. It is the regular practice of
Selene Finance LP to keep such records in the ordinary course of its regularly conducted business
activity. Selene Finance LP's records that relate to the loan that I reviewed and relied upon for the
statements made in this Affidavit include Selene Finance LP's electronic servicing system and images
of correspondence to the Defendant.
2. To the extent that said records were created by a prior servicer and/or holder of the note and
mortgage at issue herein, those records were integrated and boarded into Selene Finance LP's system,
such that the prior servicer's records are now part of Selene Finance LP's records. Selene Finance LP
maintains quality control and verification procedures as part of the boarding process to ensure the
accuracy of the boarded records. It is the regular business practice of Selene Finance LP to integrate the
prior servicer's records into its records, and to rely upon the accuracy of those boarded records in
providing its loan servicing functions. These prior records are integrated and relied upon by Selene
Finance LP as part of Selene Finance LP's records in order to perforrn and satisfy its contractual and
legal duties. I have continuing access to such records, I am personally familiar with how each
document attached to the moving papers was retrieved and compiled, and I have personally reviewed
each document attached to the moving papers herein. A copy of Selene Finance LP's Power of Attorney
for U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for
RCF 2 Acquisition Trust c/o U.S. Bank Trust National Association is annexed hereto as exhibit "A".
3. This is an action to foreclose a mortgage on real property located in the County of Richmond,
State of New York and known as 393 MORNINGSTAR ROAD, STATEN ISLAND, NY 10301 (the
"Premises").
4, Subsequent to commencement of the action the Lost Note Affidavit with copy of note and
mortgage were assigned to U.S. Bank Trust National Association, not in its individual capacity but
solely as owner trustee for RCF 2 Acquisition Trust c/o U.S. Bank Trust National Association as
evidenced by delivery of the original loan documents and to be memorialized by written instrument to
be recorded)with the Richmond County Clerk's/City Registers office. U.S. Bank Trust National
Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust c/o
U.S. Bank Trust National Association is now in possession of the Note and has the right to enforce
same.
Affldavit of Debt/2267-002193-FC/PH1UP BARRETTI
FILED: RICHMOND COUNTY CLERK 04/23/2024 01:31 PM INDEX NO. 135304/2018
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/23/2024
5. I have examined the Lost Note Affidavit with copy of note, mortgage and assignment(s)
"D"
annexed hereto as Exhibits "B", "C", respectively, which shall be presented to the Referee, as well
as all business records indicating the default date, interest rate(s) and advances made on behalf of the
defendant. A copy of the payment history and summary of same for the loan, which has been
necessarily incorporated and relied upon by Selene Finance LP evidencing Defendant's default is
annexed hereto as Exhibit "E".
6. The Defendant PHILIP BARRETTI has failed to comply with the terms and conditions of the
note and mortgage by failing and omitting to pay the monthly installments which became due on the
1st of November, 2016 and on the 1st day of each and every month thereafter.
7. No payments or payments in reduction of or on account of the said principal sum has been
made since the commencement of this action and the unpaid principal balance of $249,906.23 remains
due and owing.
8. From October 1, 2016 to September 30, 2023, interest, and variable rates, has accrued in the
sum of $76,862.11 as shown in the Computation of Amount Due annexed hereto.
9. By reason of Defendant's default, U.S. Bank Trust National Association, not in its individual
capacity but solely as owner trustee for RCF 2 Acquisition Trust c/o U.S. Bank Trust National
Association and/or its assignor(s) advanced money for payment of taxes, insurance, etc. which
advances and the amounts thereof are shown on the Computation of Amount Due annexed hereto.
10. That by reason of the aforesaid, there is due and owing as of the 30th of September 2023 the
aggregate sum of $365,593.15 as is more particularly shown on the Computation of Amount Due
annexed hereto.
By: Selene Finance LP the servicer and attorney in
fact for U.S. Bat± Trust National Association, not
in its individual capacity but solely as owner
trustee for RCF 2 Acquisition Trust c/o U.S. Bank
Trust National Association,
Name: vertina Grirrin
Document Execution Specialist
Affidavit of Debt/2267-002193-FC/PHILIP BARRETTI
FILED: RICHMOND COUNTY CLERK 04/23/2024 01:31 PM INDEX NO. 135304/2018
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/23/2024
Acknowledgment by a Person Outside New York State
Texas
State of
County of
nailac
On SEP 2 6 20280 $1,208.92
04/01/2023 6 391% SI,330.96
8885
06/01/2023 6 902% S2,874.76
08/01/2023 8 165% S1,700.40
09/01/2023 8 295% $1,647.02
FILED: RICHMOND COUNTY CLERK 04/23/2024 01:31 PM INDEX NO. 135304/2018
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/23/2024
ID Del Type Code Eff Date Amount Rate Index Index Date
A . 1 1 06/01/16 0.00 3.36300 0.43750 05/02/16
A . 1 1 07/01/16 0.00 3.39200 0.47000 06/06/16
A . 1 1 08/01/16 0.00 3.41400 0.49000 07/05/16
A . 1 1 09/01/16 0.00 3.43200 0.50666 08/01/16
A . 1 1 10/01/16 0.00 3.44800 0.52250 09/01/16
A . 1 1 11/01/16 0.00 3.46600 0.54100 10/03/16
A . 2 1 12/01/16 1438.76 0.00000 0.e0000 00/0e[e0
A . 1 1 12/01/16 0.00 3.49900 0.57000 11/07/16
A . I 1 01/01/17 0.00 3.52100 0.59600 12/05/16
A . 1 1 02/01/17 0.00 3.53900 0.61300 01/09/17
A . 1 1 03/01/17 0.00 3.56300 0.63833 02/06/17
A . 1 1 04/01/17 0.00 3.58800 0.67000 03/06/17
A . 1 1 05/01/17 0.00 3.61700 0.70000 04/03/17
A . 1 1 06/01/17 0.00 3.65700 0.74000 05/01/17
A . 1 1 07/01/17 0.00 3.70100 0.78000 06/05/17
A . 1 1 08/01/17 0.00 3.75500 0.83750 07/03/17
A . 1 1 09/01/17 0.00 3.81400 0.89700 08/07/17
A . 1 1 10/01/17 0.00 3. 86900 0.95200 09/04/17
A . 1 1 11/01/17 0.00 3.92700 1.00900 10/02/17
A . 2 1 12/01/17 1500.78 0.00000 0.00000 00/00/00
A . 1 1 12/01/17 0.00 3.98800 1.07100 11/06/17
A . 1 1 01/01/18 0.00 4.11300 1.13910 12/04/17
A . 1 1 02/01/18 0.00 4.20100 1.20833 01/08/18
A . 1 1 03/01/18 0.00 4.20700 1.29000 02/05/18
A . 1 1 04/01/18 0.00 4.30200 1.37700 03/05/18
A . 1 1 05/01/18 0.00 4.38900 1.46417 04/02/18
A . 1 1 06/01/18 0.00 4.56100 1.55667 05/07/18
A . 1 1 07/01/18 0.00 4.57700 1.65300 06/04/18
A . 1 1 08/01/18 0.00 4.77600 1.74700 07/02/18
A . 1 1 09/01/18 0.00 4.76900 1. 84400 08/06/ 18
A . 1 1 10/01/18 0.00 4.87100 1. 94600 09/10/18
A . 1 1 11/01/18 0.00 4.97700 2.05500 10/01/18
A . 2 1 12/01/18 1613.33 0.00000 0.00000 00/00/00
A . 1 1 12/01/18 0.00 4.86400 2.15666 11/05/18
A . '' 1 01/01/19 0.00 5.17700 2.25166 12/03/18
A . 1 1 02/01/19 0.00 5.25700 2.33200 01/07/19
A . 1 1 03/01/19 0.00 5.32200 2.39667 02/04/19
A . 1 1 04/01/19 0.00 5.37100 2.44583 03/04/19
A . 1 1 05/01/19 0.00 5.40700 2.64833 04/01/19
A . 1 1 06/01/19 0.00 5.42900 2.67083 05/06/19
A . 1 1 07/01/19 0.00 f.43500 2.51000 06/03/19
A . 1 1 08/01/19 0.00 5.40700 2.48250 07/01/19
A . 1 1 09/01/19 0.00 5.37200 2.44667 08/05/19
A . 1 1 10/01/19 0.00 5.31500 2.39000 09/03/19
A . 1 1 11/01/19 0.00 5.25200 2.32666 10/01/19
A . 2 1 12/01/19 1613.33 0.00000 0.00000 00/00/00
A . 1 1 12/01/19 0.00 5.16500 2.24000 11/04/19
A . 2 I 01/01/20 1677.59 0.00000 0.00000 00/00/00
FILED: RICHMOND COUNTY CLERK 04/23/2024 01:31 PM INDEX NO. 135304/2018
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/23/2024
ID Del Type Code Eff Date Amount Rate Index Index Date
A . 1 1 01/01/20 0.00 5.07100 2.14583 12/02/19
A . 1 1 02/01/20 0.00 4.97800 2.05333 01/06/20
A . 1 1 03/01/20 0.00 4.89100 1.96583 02/03/20
A . 1 1 04/01/20 0.00 4.79600 1.87083 03/02/20
A . 1 1 05/01/20 0.00 4.61600 1. 69080 04/06/20
A . 1 1 06/01/20 0.00 4.42900 1.50416 05/04/20
A . 1 1 07/01/20 0.00 4.24700 1.32250 06/01/20
A . 1 1 08/01/20 0.00 4.09600 1.17000 07/06/20
A . 1 1 09/01/20 0.00 3.94500 1.02000 08/03/20
A . 1 1 10/01/20 0.00 3.80800 0.88330 09/07/20
A . 1 1 11/01/20 0.00 3.66900 0.74410 10/05/20
A . 2 1 12/01/20 1551.77 0.00000 0.00000 00/00/00
A . 1 1 12/01/20 0.00 3.54600 0.62080 11/02/20
A . 1 1 01/01/21 0.00 3.42500 0.50000 12/07/20
A . 1 1 02/01/21 0.00 3.30400 0.37160 01/04/21
A . 1 1 03/01/21 0.00 3.18500 0.26000 02/01/21
A . 1 1 04/01/21 0.00 3.07300 0.14830 03/01/21
A . 1 1 05/01/21 0.00 3.05200 0.12750 04/05/21
A . 1 1 06/01/21 0.00 3.04200 0.11750 05/03/21
A . 1 1 07/01/21 0.00 3.03300 0.10830 06/07/21
A . 1 1 08/01/21 0.00 3.02400 0.09916 07/05/21
A . 1 1 09/01/21 0.00 3.01800 0.08000 08/02/21
A . 1 1 10/01/21 0.00 3.01300 0.08666 09/07/21
A . 1 1 11/01/21 0.00 3.00900 0.08416 10/04/21
A . 2 1 12/01/21 1435.39 0.00000 0.00000 00/00/00
A . 1 1 12/01/21 0.00 3.00700 0.08250 11/02/21
A . 1 1 01/01/22 0.00 3.01200 0.08750 12/01/21
A . 1 1 02/01/22 0.00 3.02900 0.10417 01/03/22
A . 1 1 03/01/22 0.00 3.06700 0.14167 02/01/22
A . 1 1 04/01/22 0.00 3.14400 0.21917 03/01/22
A . 1 I 05/01/22 0.00 3.24900 0.32417 04/01/22
A . 1 1 06/01/22 0.00 3.40200 0.47667 05/02/22
A . 1 1 07/01/22 0.00 3.54100 0.61583 06/01/22
A . 2 3 08/01/22 1462.38 0.00000 0.00000 00/00/00
A . 1 1 08/01/22 0.00 3.78400 0.85917 07/01/22
A . 2 3 09/01/22 1485.97 0.00000 0.00000 00/00/00
A . 1 I 09/01/22 0.00 4.02900 1.10417 08/01/22
A . 2 3 10/01/22 1510.05 0.00000 0.00000 00/00/80
A . 1 1 10/01/22 0.00 4.29700 1.37167 09/01/22
A . 2 3 11/01/22 1536.68 0.00000 0.00000 00/00/00
A . 1 1 11/01/22 0.00 4.61400 1.68917 10/01/22
A . 2 1 12/01/22 1543.04 0.00000 0.00000 00/60/00
A . 1 1 12/01/22 0.00 5.04800 2.12326 11/07/22
A . 2 3 01/01/23 1611.49 0.00000 0.00000 00/00/00
A . 1 1 01/01/23 0.00 7.65500 4.73000 12/05/22
A . 2 3 02/01/23 1658.77 0.00000 0.00000 00/00/00
.