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  • U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt v. Philip Barretti, Angelina Court Homeowners Association, Inc., New York City Environmental Control Board, Patricia Baretti, Teresa Raiola, New York State Department Of Taxation And Finance, Christopher Dash, Michele Dash Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt v. Philip Barretti, Angelina Court Homeowners Association, Inc., New York City Environmental Control Board, Patricia Baretti, Teresa Raiola, New York State Department Of Taxation And Finance, Christopher Dash, Michele Dash Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt v. Philip Barretti, Angelina Court Homeowners Association, Inc., New York City Environmental Control Board, Patricia Baretti, Teresa Raiola, New York State Department Of Taxation And Finance, Christopher Dash, Michele Dash Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt v. Philip Barretti, Angelina Court Homeowners Association, Inc., New York City Environmental Control Board, Patricia Baretti, Teresa Raiola, New York State Department Of Taxation And Finance, Christopher Dash, Michele Dash Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt v. Philip Barretti, Angelina Court Homeowners Association, Inc., New York City Environmental Control Board, Patricia Baretti, Teresa Raiola, New York State Department Of Taxation And Finance, Christopher Dash, Michele Dash Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt v. Philip Barretti, Angelina Court Homeowners Association, Inc., New York City Environmental Control Board, Patricia Baretti, Teresa Raiola, New York State Department Of Taxation And Finance, Christopher Dash, Michele Dash Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt v. Philip Barretti, Angelina Court Homeowners Association, Inc., New York City Environmental Control Board, Patricia Baretti, Teresa Raiola, New York State Department Of Taxation And Finance, Christopher Dash, Michele Dash Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt v. Philip Barretti, Angelina Court Homeowners Association, Inc., New York City Environmental Control Board, Patricia Baretti, Teresa Raiola, New York State Department Of Taxation And Finance, Christopher Dash, Michele Dash Real Property - Mortgage Foreclosure - Residential document preview
						
                                

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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 .