Preview
FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
- - - - - - - - - - - - - - - - - - - - - x
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO. :
SERVICING,
Plaintiff(s), SUMMONS
-against-
Plaintiff designates
ANTHONY GRAZIANO, PNC BANK, NATIONAL RICHMOND County as the
ASSOCIATION, UNITED STATES OF AMERICA place of trial
O/B/O SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA,
DEPARTMENT OF TREASURY - INTERNAL REVENUE
SERVICE, NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, RICHMOND COUNTY
CLERK,
" #1" through " JOHN " Venue based
JOHN DOE DOE #12, the is upon
last twelve names being f ictitious and County in which the
unknown to Plaintif f , the persons or premises are situated
parties intended being the tenants,
occupants, persons or corporations, if Premises:
any, having or claiming an interest in or 61 BILLOP AVENUE
lien upon the premises, described in the STATEN ISLAND, NY 10307
complaint,
Defendant (s) .
- - - - - - - - - - - - - - - - - - - - - x
To THE Asovs-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of
your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the
Plaintiffs Attorney within twenty (20) days after the service of this Summons, exclusive of the day of
service (or within thirty (30) days after the service is complete if this Summons is not personally delivered
to you within the State of New York) in the event the United States of America is made a party Defendant,
the time to answer for the said United States of America shall not expire until sixty (60) days after service
of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the Complaint.
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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 the mortgage company will not stop the 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.
Dated: April 18, 2024
Armonk, New York
LEOPOLD & SSOCIATE , C
BY: Andrey . Reznik, Esq.
Attorneys for Plaintiff
80 Business Park Drive
Suite 110
Armonk, NY 10504
914-219-5787
To:
Anthony Graziano
61 Billop Avenue
Staten Island, NY 10307
PNC Bank, National Association
2730 Liberty Avenue
Pittsburgh, PA 15222
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UIited States of America o/b/o Secretary of Housing and Urban
Development U.S. Attorney Office, Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
United States of Department of - Internal Revenue
America, Treasury
Service
U.S. Attorney Office, Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
New York State Department of Taxation and Finance
W.A. Harriman Campus, Building 9
Albany, NY 12227
Richmond County Clerk
130 Stuyvesant Place
Staten Island, NY 10301
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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 1-800-269-0990 or visit the
Department's website at http://www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have
the right to stay in your home during the foreclosure process. You are not required to
leave your home unless and until your property is sold at auction pursuant to a
judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED
TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with
state and local law.
Foreclosure rescue scams
Be careful of people who approach you with offers to "save" your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit from
a homeowner's distress. You should be extremely careful about any such promises and
any suggestions that you pay them a fee or sign over your deed. State law requires
anyone offering such services for profit to enter into a contract which fully describes
the services they will perform and fees they will charge, and which prohibits them from
taking any money from you until they have completed all such promised services.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO.:
SERVICING,
Plaintiff(s), COMPLAINT
-against-
MORTGAGE SERVICER:NEWREZ
ANTHONY GRAZIANO, PNC BANK, NATIONAL LLC D/B/A SHELLPOINT
UNITED STATES OF AMERICA MORTGAGE SERVICING
ASSOCIATION,
O/B/O SECRETARY OF HOUSING AND URBAN 75 BEATTIE PLACE, SUITE
UNITED STATES OF 300
DEVELOPMENT, AMERICA,
DEPARTMENT OF TREASURY - INTERNAL REVENUE GREENVILLE, SC 29601
NEW YORK STATE DEPARTMENT OF (800) 365-7107
SERVICE,
TAXATION AND FINANCE, RICHMOND COUNTY
CLERK,
MORTGAGE PREMISES:
61 BILLOP AVENUE
STATEN ISLAND, NY 10307
#1" DOE #12,"
"JOHN DOE through "JOHN the BLOCK: 7861
last twelve names being fictitious and LOT: 47
unknown to Plaintiff, the persons or
parties intended being the tenants,
occupants, persons or corporations, if
any, having or claiming an interest in or
lien upon the premises, described in the
complaint,
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - x
The Complaint of the above-referenced Plaintiff, by its attorneys,
Leopold & Associates, PLLC, complains and alleges upon information and
belief as follows:
NATUREOFTHISACTION
1. This action is brought and pursuant to Article 13 of the Real
Property Actions and Proceedings Law (RPAPL) for foreclosure of the
mortgage and note described below.
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2. The premises (hereinafter referred to as "Subject Property")
which forms the subject of this action is fully described in Schedule
"A"
attached hereto.
PARTIES
3. At all times hereinafter mentioned, Plaintiff was and remains,
organized and existing under the laws of the United States of America or
of the State of its formation.
4. Upon information and belief, Defendant(s) ANTHONY GRAZIANO is
the mortgagor pursuant to the Subject Mortgage. At all relevant times,
mortgagor maintains a residence within the State of New York. The
description and interest of the above-referenced Defendant(s) is more
fully set forth in Schedule "B". See RPAPL §§ 1311, 1312, and 1313.
5. Upon information and belief, the remaining Defendant(s), if
any and not further set forth herein below, are identified and named for
the reasons set forth in Schedule "B". See RPAPL §§§ 1311, 1312, and
1313.
#1" #12"
6. Defendants "JOHN DOE through "JOHN DOE are additional
persons or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon the
Subject Property. See RPAPL §§§ 1311, 1312, and 1313.
RELEVANTFACTS
7. On or about October 7, 2015, ANTHONY GRAZIANO duly executed,
acknowledged, and delivered a note (hereinafter referred to as the
"Original Note"), wherein and whereby ANTHONY GRAZIANO promised to repay
the sum of $588,115.00 in monthly payments plus interest, taxes,
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assessments, leasehold payments or ground rents (if any), together with
hazard and mortgage insurance as more fully set forth therein.
8. On or about October 7, 2015, as collateral and to secure the
repayment of the sum represented by the Original Note, ANTHONY GRAZIANO,
duly executed, acknowledged and delivered to the Plaintiff or Plaintiff's
assignor a mortgage in the same amount, which was recorded on October
21, 2015, in Land Doc 580582, in the public records of Richmond County,
New York (hereinafter referred to as the "Original Mortgage"), and the
mortgage tax was duly paid.
9. On or about November 1, 2016, ANTHONY GRAZIANO duly executed,
acknowledged, and delivered a gap note (hereinafter referred to as the
"First Gap Note"), wherein and whereby ANTHONY GRAZIANO promised to repay
the sum of $27,281.27 in monthly payments plus interest, taxes,
assessments, leasehold payments or ground rents (if any), together with
hazard and mortgage insurance as more fully set forth therein.
10. On or about November 1, 2016, as collateral and to secure the
repayment of the sum represented by the Gap Note, ANTHONY GRAZIANO, duly
executed, acknowledged and delivered to the Plaintiff or Plaintiff's
assignor a gap mortgage in the same amount, which was recorded on
November 22, 2016, in Land Doc 629580, in the public records of Richmond
County, New York (hereinafter referred to as the "First Gap Mortgage"),
and the mortgage tax was duly paid.
11. On or about November 1, 2016, ANTHONY GRAZIANO, consolidated
the aforementioned notes and mortgages by a consolidation extension
modification agreement (hereinafter referred to as the "First CEMA
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Note"), wherein and whereby ANTHONY GRAZIANO promised to repay the sum
of $605,412.00 in monthly payments plus interest, taxes, assessments,
leasehold payments or ground rents (if any), together with hazard and
mortgage insurance as more fully set forth therein.
12. On or about November 1, 2016, as collateral and to secure the
repayment of the sum represented by the consolidation extension
modification agreement, ANTHONY GRAZIANO, duly executed, acknowledged
and delivered to the Plaintiff or Plaintiff's assignor a consolidation
extension modification agreement in the same amount, which was recorded
on November 22, 2016, in Land Doc 629581, in the public records of
Richmond County, New York (hereinafter referred to as the "First CEMA
Mortgage"), and any mortgage taxes will be paid.
13. On or about March 21, 2017, ANTHONY GRAZIANO duly executed,
acknowledged, and delivered a gap note (hereinafter referred to as the
"Second Gap Note"), wherein and whereby ANTHONY GRAZIANO promised to
repay the sum of $32,415.23 in monthly payments plus interest, taxes,
assessments, leasehold payments or ground rents (if any), together with
hazard and mortgage insurance as more fully set forth therein.
14. On or about March 21, 2017, as collateral and to secure the
repayment of the sum represented by the Gap Note, ANTHONY GRAZIANO, duly
executed, acknowledged and delivered to the Plaintiff or Plaintiff's
assignor a gap mortgage in the same amount, which was recorded on April
17, 2017, in Land Doc 649188, in the public records of Richmond County,
New York (hereinafter referred to as the "Second Gap Mortgage"), and the
mortgage tax was duly paid.
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15. On or about March 21, 2017, ANTHONY GRAZIANO, consolidated the
aforementioned notes and mortgages by a consolidation extension
modification agreement (hereinafter referred to as the "Subject CEMA
Note"), wherein and whereby ANTHONY GRAZIANO promised to repay the sum
of $636,000.00 in monthly payments plus interest, taxes, assessments,
leasehold payments or ground rents (if any), together with hazard and
mortgage insurance as more fully set forth therein. Annexed hereto as
"A"
Exhibit is a copy of the Subject CEMA Note.
16. On or about March 21, 2017, as collateral and to secure the
repayment of the sum represented by the consolidation extension
modification agreement, ANTHONY GRAZIANO, duly executed, acknowledged
and delivered to the Plaintiff or Plaintiff's assignor a consolidation
extension modification agreement in the same amount, which was recorded
on April 17, 2017, in Land Doc 649189, in the public records of Richmond
County, New York (hereinafter referred to as the "Subject CEMA
Mortgage"), and any mortgage taxes will be paid.
17. Plaintiff, directly or through an agent maintains physical
and/or constructive possession of the Subject CEMA Note, which Note is
secured by the Subject CEMA Mortgage, and the Subject CEMA Note is made
either payable to Plaintiff or is duly indorsed having been delivered to
Plaintiff and/or such party having delegated authority to Plaintiff,
prior to the commencement of the instant action.
18. The Subject CEMA Mortgage secures the real property commonly
known as 61 BILLOP AVENUE, STATEN ISLAND, NY 10307 and by Block: 7861
Lot: 47, together with all fixtures, appurtenances, and articles of
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personal property annexed thereto, installed therein, or used in
connection with the Subject Property in addition to all right, title,
and interest of the Defendants in and to the land lying in the streets
and roads in front of and adjoining said Subject Property. Anne
Preview
FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND - - - - - - - - - - - - - - - - - - - - - x NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO. : SERVICING, Plaintiff(s), SUMMONS -against- Plaintiff designates ANTHONY GRAZIANO, PNC BANK, NATIONAL RICHMOND County as the ASSOCIATION, UNITED STATES OF AMERICA place of trial O/B/O SECRETARY OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, DEPARTMENT OF TREASURY - INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, RICHMOND COUNTY CLERK, " #1" through " JOHN " Venue based JOHN DOE DOE #12, the is upon last twelve names being f ictitious and County in which the unknown to Plaintif f , the persons or premises are situated parties intended being the tenants, occupants, persons or corporations, if Premises: any, having or claiming an interest in or 61 BILLOP AVENUE lien upon the premises, described in the STATEN ISLAND, NY 10307 complaint, Defendant (s) . - - - - - - - - - - - - - - - - - - - - - x To THE Asovs-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiffs Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party Defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 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 the mortgage company will not stop the 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. Dated: April 18, 2024 Armonk, New York LEOPOLD & SSOCIATE , C BY: Andrey . Reznik, Esq. Attorneys for Plaintiff 80 Business Park Drive Suite 110 Armonk, NY 10504 914-219-5787 To: Anthony Graziano 61 Billop Avenue Staten Island, NY 10307 PNC Bank, National Association 2730 Liberty Avenue Pittsburgh, PA 15222 2 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 UIited States of America o/b/o Secretary of Housing and Urban Development U.S. Attorney Office, Eastern District of New York 271 Cadman Plaza East Brooklyn, NY 11201 United States of Department of - Internal Revenue America, Treasury Service U.S. Attorney Office, Eastern District of New York 271 Cadman Plaza East Brooklyn, NY 11201 New York State Department of Taxation and Finance W.A. Harriman Campus, Building 9 Albany, NY 12227 Richmond County Clerk 130 Stuyvesant Place Staten Island, NY 10301 3 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 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 1-800-269-0990 or visit the Department's website at http://www.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure rescue scams Be careful of people who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. 4 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO.: SERVICING, Plaintiff(s), COMPLAINT -against- MORTGAGE SERVICER:NEWREZ ANTHONY GRAZIANO, PNC BANK, NATIONAL LLC D/B/A SHELLPOINT UNITED STATES OF AMERICA MORTGAGE SERVICING ASSOCIATION, O/B/O SECRETARY OF HOUSING AND URBAN 75 BEATTIE PLACE, SUITE UNITED STATES OF 300 DEVELOPMENT, AMERICA, DEPARTMENT OF TREASURY - INTERNAL REVENUE GREENVILLE, SC 29601 NEW YORK STATE DEPARTMENT OF (800) 365-7107 SERVICE, TAXATION AND FINANCE, RICHMOND COUNTY CLERK, MORTGAGE PREMISES: 61 BILLOP AVENUE STATEN ISLAND, NY 10307 #1" DOE #12," "JOHN DOE through "JOHN the BLOCK: 7861 last twelve names being fictitious and LOT: 47 unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). - - - - - - - - - - - - - - - - - - - - - x The Complaint of the above-referenced Plaintiff, by its attorneys, Leopold & Associates, PLLC, complains and alleges upon information and belief as follows: NATUREOFTHISACTION 1. This action is brought and pursuant to Article 13 of the Real Property Actions and Proceedings Law (RPAPL) for foreclosure of the mortgage and note described below. 5 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 2. The premises (hereinafter referred to as "Subject Property") which forms the subject of this action is fully described in Schedule "A" attached hereto. PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4. Upon information and belief, Defendant(s) ANTHONY GRAZIANO is the mortgagor pursuant to the Subject Mortgage. At all relevant times, mortgagor maintains a residence within the State of New York. The description and interest of the above-referenced Defendant(s) is more fully set forth in Schedule "B". See RPAPL §§ 1311, 1312, and 1313. 5. Upon information and belief, the remaining Defendant(s), if any and not further set forth herein below, are identified and named for the reasons set forth in Schedule "B". See RPAPL §§§ 1311, 1312, and 1313. #1" #12" 6. Defendants "JOHN DOE through "JOHN DOE are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313. RELEVANTFACTS 7. On or about October 7, 2015, ANTHONY GRAZIANO duly executed, acknowledged, and delivered a note (hereinafter referred to as the "Original Note"), wherein and whereby ANTHONY GRAZIANO promised to repay the sum of $588,115.00 in monthly payments plus interest, taxes, 6 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. 8. On or about October 7, 2015, as collateral and to secure the repayment of the sum represented by the Original Note, ANTHONY GRAZIANO, duly executed, acknowledged and delivered to the Plaintiff or Plaintiff's assignor a mortgage in the same amount, which was recorded on October 21, 2015, in Land Doc 580582, in the public records of Richmond County, New York (hereinafter referred to as the "Original Mortgage"), and the mortgage tax was duly paid. 9. On or about November 1, 2016, ANTHONY GRAZIANO duly executed, acknowledged, and delivered a gap note (hereinafter referred to as the "First Gap Note"), wherein and whereby ANTHONY GRAZIANO promised to repay the sum of $27,281.27 in monthly payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. 10. On or about November 1, 2016, as collateral and to secure the repayment of the sum represented by the Gap Note, ANTHONY GRAZIANO, duly executed, acknowledged and delivered to the Plaintiff or Plaintiff's assignor a gap mortgage in the same amount, which was recorded on November 22, 2016, in Land Doc 629580, in the public records of Richmond County, New York (hereinafter referred to as the "First Gap Mortgage"), and the mortgage tax was duly paid. 11. On or about November 1, 2016, ANTHONY GRAZIANO, consolidated the aforementioned notes and mortgages by a consolidation extension modification agreement (hereinafter referred to as the "First CEMA 7 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 Note"), wherein and whereby ANTHONY GRAZIANO promised to repay the sum of $605,412.00 in monthly payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. 12. On or about November 1, 2016, as collateral and to secure the repayment of the sum represented by the consolidation extension modification agreement, ANTHONY GRAZIANO, duly executed, acknowledged and delivered to the Plaintiff or Plaintiff's assignor a consolidation extension modification agreement in the same amount, which was recorded on November 22, 2016, in Land Doc 629581, in the public records of Richmond County, New York (hereinafter referred to as the "First CEMA Mortgage"), and any mortgage taxes will be paid. 13. On or about March 21, 2017, ANTHONY GRAZIANO duly executed, acknowledged, and delivered a gap note (hereinafter referred to as the "Second Gap Note"), wherein and whereby ANTHONY GRAZIANO promised to repay the sum of $32,415.23 in monthly payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. 14. On or about March 21, 2017, as collateral and to secure the repayment of the sum represented by the Gap Note, ANTHONY GRAZIANO, duly executed, acknowledged and delivered to the Plaintiff or Plaintiff's assignor a gap mortgage in the same amount, which was recorded on April 17, 2017, in Land Doc 649188, in the public records of Richmond County, New York (hereinafter referred to as the "Second Gap Mortgage"), and the mortgage tax was duly paid. 8 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 15. On or about March 21, 2017, ANTHONY GRAZIANO, consolidated the aforementioned notes and mortgages by a consolidation extension modification agreement (hereinafter referred to as the "Subject CEMA Note"), wherein and whereby ANTHONY GRAZIANO promised to repay the sum of $636,000.00 in monthly payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. Annexed hereto as "A" Exhibit is a copy of the Subject CEMA Note. 16. On or about March 21, 2017, as collateral and to secure the repayment of the sum represented by the consolidation extension modification agreement, ANTHONY GRAZIANO, duly executed, acknowledged and delivered to the Plaintiff or Plaintiff's assignor a consolidation extension modification agreement in the same amount, which was recorded on April 17, 2017, in Land Doc 649189, in the public records of Richmond County, New York (hereinafter referred to as the "Subject CEMA Mortgage"), and any mortgage taxes will be paid. 17. Plaintiff, directly or through an agent maintains physical and/or constructive possession of the Subject CEMA Note, which Note is secured by the Subject CEMA Mortgage, and the Subject CEMA Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 18. The Subject CEMA Mortgage secures the real property commonly known as 61 BILLOP AVENUE, STATEN ISLAND, NY 10307 and by Block: 7861 Lot: 47, together with all fixtures, appurtenances, and articles of 9 of 22 FILED: RICHMOND COUNTY CLERK 04/22/2024 11:46 AM INDEX NO. 135191/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 personal property annexed thereto, installed therein, or used in connection with the Subject Property in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of and adjoining said Subject Property. Anne