Preview
FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Wilmington Savings Fund Society, FSB, not in its Summons with Notice of Action to
individual capacity but solely as Owner Trustee of Foreclose a Mortgage
CSMC 2022-JR1 Trust
Plaintiff, Index Number
-against-
Filed on
Lia Del Valle a/lda Lia DelValle, Citibank (South
#1"
Dakota) NA and "JOHN DOE through "JOHN The basis of venue is the location of
#12,"
DOE the last twelve names being fictitious and the subject premises.
unknown to Plaintiff, the person or parties intended
being the tenants, occupants, persons or corporations,
if any, having or claiming an interest in or lien upon
the premises being foreclosed herein
Defendant(s).
WE ARE ATTEMPTING TO COLLECT n DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE
TO THE ABOVE-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 attorneys within 20 days after the service of this summons exclusive
of the day of service or within 30 days after completion of service where service is made in any
other manner than by personal delivery within the State. The United States of America, if
designated as a defendant in this action, may answer or appear within sixty (60) days of service
hereof. In case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the complaint.
YOU HAVE THE RIGHT TO REQUEST THAT EACH COMMUNICATION BE
PROVIDED IN AN ALTERNATIVE, REASONABLE ACCOMODATABLE FORMAT.
YOU MAY REQUEST THIS NOTICE AND FURTURE COMMUNICATIONS IN AN
ALTERNATIVE, REASONABLE ACCOMMODATABLE TO YOU, SUCH AS LARGE
PRINT, BRAILLE, AUDIO COMPACT DISC, OR OTHER MEANS. TO REQUEST
SUCH ALTERNATIVE, PLEASE CALL OUR OFFICES AT 516-763-3200.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the attorney for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default judgment may be entered and you can lose
your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
1 of 18
FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
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: March 5, 2024
Rockville Centre, New York
Ted Eric May, Esq.
Sheldon May & Associates, P.C.
Attorneys for Plaintiff
Office & P.O. Address
255 Merrick Road
Rockville Centre, New York 11570
(516) 763-3200
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FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
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
IMMEDIATLEY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL
AID OFICE 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 MAY CALL
YOU, 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 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
3 of 18
FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
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 18
FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
Notice to Tenants of Buildings in Foreclosure
New York State Law requires that we provide you this notice about the
foreclosure process. Please read it carefully.
We, Wilmington Savings Fund Society, FSB, not in its individual capacity but
solely as Owner Trustee of CSMC 2022-JR1 Trust are the foreclosing party and
are located at c/o Select Portfolio Servicing, Inc., 3217 S. Decker Lake Drive,
Salt Lake City, Utah 84119. We can be reached at 1-888-818-6032.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the lease
requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be entitled
to remain in occupancy for the remainder of your lease term. If you do not have
a lease, you will be entitled to remain in your home until ninety days after any
person or entity who acquires title to the property provides you with a notice as
required by section 1305 of the Real Property Actions and Proceedings Law.
The notice shall provide information regarding the name and address of the new
owner and your rights to remain in your home. These rights are in addition to
any others you may have if you are a subsidized tenant under federal, state or
local law or if you are a tenant subject to rent control, rent stabilization or a
federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED
TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH
RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE
UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS.
THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED
BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF
PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF
FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE
PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN
COURT. IF YOU NEED FURTHER INFORMATION, PLEASE CALL THE
SERVICES' TOLL-
NEW YORK STATE DEPARTMENT OF FINANCIAL
FREE HELPLINE AT 1-877-226-5697 OR VISIT THE DEPARTMENT'S
WEBSITE AT WWW.DFS.NY.GOV.
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FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
NOTICE COMMENCEMENT
OF OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
RESIDENTIAL FORECLOSURE ADDENDUM
QUEENS COUNTY
Parties who expect to represent themselves may, but
are not required to, participate in electronic filing.
Unrepresented litigants who wish to participate in e-filing
may request expedited processing of their applications by
faxing their application to the E-filing Resource Center at
(212) 401-9146 or by email to efile(älnycourts.gov marked
Expedite"
"Please
Contact the Self Help Office in Queens County for further
information:
SUPREME COURT HELP CENTER
QUEENS COUNTY
Walk-in address: 88-11 Sutphin Boulevard
Room 100
Jamaica, New York 11435
Phone number: 718 -298-1024
Website: http://www.nycourts.gov/courts/11jd/supreme/civilterm
Please be aware that the Self Help Office can only provide guidance
on procedural issues and cannot provide legal advice o f any kind.
6 of 18
FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT
http://ww2.nycourts.gov/admin/opp/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
7 of 18
FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DÍAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICIÓN
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACIÓN.
SI USTED NO TIENE UN ABOGADO,
VISTE
http://ww2.nycourts.gov/admin/opp/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Wilmington Savings Fund Society, FSB, not in its individual Verified Complaint for an
capacity but solely as Owner Trustee of CSMC 2022-JR1 Action to Foreclose a
Trust Mortgage
Plaintiff,
-against- Index Number:
Lia Del Valle a/1da Lia De1Valle, Citibank (South Dakota) NA
#1" #12,"
and "JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to Plaintiff, the
person or parties intended being the tenants, occupants, persons
or corporations, if any, having or claiming an interest in or lien
upon the premises being foreclosed herein,
Defendants.
YOU HAVE THE RIGHT TO REQUEST THAT EACH COMMUNICATION BE
PROVIDED IN AN ALTERNATIVE, REASONABLE ACCOMODATABLE FORMAT.
YOU MAY REQUEST THIS NOTICE AND FURTURE COMMUNICATIONS IN AN
ALTERNATIVE, REASONABLE ACCOMMODATABLE TO YOU, SUCH AS LARGE
PRINT, BRAILLE, AUDIO COMPACT DISC, OR OTHER MEANS. TO REQUEST
SUCH ALTERNATIVE, PLEASE CALL OUR OFFICES AT 516-763-3200.
Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner
Trustee of CSMC 2022-JR1 Trust by its attorneys, Sheldon May & Associates, complaining of
Defendant(s), respectfully alleges upon information and belief as follows:
L Parties
A. Upon information and belief, that all times hereinafter mentioned, the Plaintiff was
and still is a statutory trust organized and existing under the laws of the State of its
incorporation, and is duly authorized to conduct business in the State of New York.
Lia Del Valle a/k/a Lia DelValle delivered to Bank of America, N.A. a note (a copy
of which is attached hereto) dated October 7, 2006.
B. As security for the note, Lia Del Valle delivered to Bank of America, N.A. a
mortgage (a copy of which is attached hereto) dated October 7, 2006 which was
recorded in the Clerk's Office where the property is located on November 3, 2006,
in Liber/Reel/Book/Instrument 2006000617574 of Mortgages at Page n/a. At the
time of recording the Mortgage Tax was paid.
Does,"
C. All other named defendants and "John have or may claim to have some
interest in, or lien upon said mortgaged premises or some part thereof, which
interest or lien, if any, has accrued subsequent to the lien of the mortgage, or may
have accrued prior to said mortgage, but is subject and subordinate thereto to the
lien of said mortgage.
D. The People of the State of New York, The State Tax Commission, The
Environmental Control Board, The Environmental Fire Control Board, The
Industrial Commissioner of the State ofNew York, The Parking Violations Bureau,
and all other agencies or instrumentalities of the Federal (the United State of
9 of 18
FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
America), State or local government (by whatever name designated) if made parties
to this action and if appearing in the caption are made parties solely of the judgment
hereinafter set forth and filed as noted in the amount set forth or by virtue of any
estate taxes: SEE ATTACHED JUDGMENT(S)(If Any.)
E. Upon information and belief, if applicable, any defendant captioned as a
corporation is believed to be a New York corporation or licensed to do business in
New York.
II. Standing
A. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as
Owner Trustee of CSMC 2022-R1 Trust, directly or through an agent, has
possession and control of the promissory note. Wilmington Savings Fund Society,
FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-R1
Trust has delegated the authority to institute a foreclosure action to Select Portfolio
Servicing, Inc., as servicer for the Plaintiff, pursuant to a Limited Power of
Attorney. The promissory note is either made payable to Wilmington Savings Fund
Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC
2022-R1 Trust or has been duly endorsed or contains an allonge. Wilmington
Savings Fund Society, FSB, not in its individual capacity but solely as Owner
Trustee of CSMC 2022-R1 Trust is either the original mortgagee or assignee of
the security instrument for the subject loan. Wilmington Savings Fund Society,
FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-R1
Trust has the right to foreclose the subject note and security instrument.
Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as
Owner Trustee of CSMC 2022-R1 Trust is the owner and holder of the subject
mortgage and note, or has been delegated the authority to institute a foreclosure
action by such owner and holder of the subject mortgage and note.
B. The original mortgage was given to Bank of America, N.A. on October 7, 2006
which was recorded in the Clerk's Office where the property is located on
November 3, 2006, in Liber/Reel/Book/Instrument 2006000617574 of Mortgages
at Page n/a. Said mortgage was then assigned from Bank of America, N.A. to ABS
Loan Trust V, and the Assignment of Mortgage was dated December 21, 2018 and
recorded in the Clerk's Office where the property is located on January 7, 2019 in
Liber/Reel/Book/Instrument/CRFN 2019000005699 at Page n/a of Mortgages.
Said mortgage was further assigned from ABS Loan Trust V to ABS REO Trust V,
and the Assignment of Mortgage was dated July 24, 2019; and recorded in the
Clerk's Office where the property is located on August 27, 2019 in
Liber/Reel/Book/Instrument/CRFN 2019000274430 at Page n/a of Mortgages.
Said mortgage was further assigned from ABS REO Trust V to U.S. Bank Trust
National Association, as Trustee, for ABS Loan Trust V, and the Assignment of
Mortgage was dated September 9, 2020; and recorded in the Clerk's Office where
the property is located on October 1, 2020 in Liber/Reel/Book/Instrument/CRFN
2020000266172 at Page n/a of Mortgages. Said mortgage was further
Preview
FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Wilmington Savings Fund Society, FSB, not in its Summons with Notice of Action to individual capacity but solely as Owner Trustee of Foreclose a Mortgage CSMC 2022-JR1 Trust Plaintiff, Index Number -against- Filed on Lia Del Valle a/lda Lia DelValle, Citibank (South #1" Dakota) NA and "JOHN DOE through "JOHN The basis of venue is the location of #12," DOE the last twelve names being fictitious and the subject premises. unknown to Plaintiff, the person or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein Defendant(s). WE ARE ATTEMPTING TO COLLECT n DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO THE ABOVE-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 attorneys within 20 days after the service of this summons exclusive of the day of service or within 30 days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. YOU HAVE THE RIGHT TO REQUEST THAT EACH COMMUNICATION BE PROVIDED IN AN ALTERNATIVE, REASONABLE ACCOMODATABLE FORMAT. YOU MAY REQUEST THIS NOTICE AND FURTURE COMMUNICATIONS IN AN ALTERNATIVE, REASONABLE ACCOMMODATABLE TO YOU, SUCH AS LARGE PRINT, BRAILLE, AUDIO COMPACT DISC, OR OTHER MEANS. TO REQUEST SUCH ALTERNATIVE, PLEASE CALL OUR OFFICES AT 516-763-3200. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. 1 of 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 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: March 5, 2024 Rockville Centre, New York Ted Eric May, Esq. Sheldon May & Associates, P.C. Attorneys for Plaintiff Office & P.O. Address 255 Merrick Road Rockville Centre, New York 11570 (516) 763-3200 2 of 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 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 IMMEDIATLEY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFICE 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 MAY CALL YOU, 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 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 3 of 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 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 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 Notice to Tenants of Buildings in Foreclosure New York State Law requires that we provide you this notice about the foreclosure process. Please read it carefully. We, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-JR1 Trust are the foreclosing party and are located at c/o Select Portfolio Servicing, Inc., 3217 S. Decker Lake Drive, Salt Lake City, Utah 84119. We can be reached at 1-888-818-6032. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. IF YOU NEED FURTHER INFORMATION, PLEASE CALL THE SERVICES' TOLL- NEW YORK STATE DEPARTMENT OF FINANCIAL FREE HELPLINE AT 1-877-226-5697 OR VISIT THE DEPARTMENT'S WEBSITE AT WWW.DFS.NY.GOV. 5 of 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 NOTICE COMMENCEMENT OF OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING RESIDENTIAL FORECLOSURE ADDENDUM QUEENS COUNTY Parties who expect to represent themselves may, but are not required to, participate in electronic filing. Unrepresented litigants who wish to participate in e-filing may request expedited processing of their applications by faxing their application to the E-filing Resource Center at (212) 401-9146 or by email to efile(älnycourts.gov marked Expedite" "Please Contact the Self Help Office in Queens County for further information: SUPREME COURT HELP CENTER QUEENS COUNTY Walk-in address: 88-11 Sutphin Boulevard Room 100 Jamaica, New York 11435 Phone number: 718 -298-1024 Website: http://www.nycourts.gov/courts/11jd/supreme/civilterm Please be aware that the Self Help Office can only provide guidance on procedural issues and cannot provide legal advice o f any kind. 6 of 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/opp/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 7 of 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DÍAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETICIÓN POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMACIÓN. SI USTED NO TIENE UN ABOGADO, VISTE http://ww2.nycourts.gov/admin/opp/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 8 of 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Wilmington Savings Fund Society, FSB, not in its individual Verified Complaint for an capacity but solely as Owner Trustee of CSMC 2022-JR1 Action to Foreclose a Trust Mortgage Plaintiff, -against- Index Number: Lia Del Valle a/1da Lia De1Valle, Citibank (South Dakota) NA #1" #12," and "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to Plaintiff, the person or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. YOU HAVE THE RIGHT TO REQUEST THAT EACH COMMUNICATION BE PROVIDED IN AN ALTERNATIVE, REASONABLE ACCOMODATABLE FORMAT. YOU MAY REQUEST THIS NOTICE AND FURTURE COMMUNICATIONS IN AN ALTERNATIVE, REASONABLE ACCOMMODATABLE TO YOU, SUCH AS LARGE PRINT, BRAILLE, AUDIO COMPACT DISC, OR OTHER MEANS. TO REQUEST SUCH ALTERNATIVE, PLEASE CALL OUR OFFICES AT 516-763-3200. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-JR1 Trust by its attorneys, Sheldon May & Associates, complaining of Defendant(s), respectfully alleges upon information and belief as follows: L Parties A. Upon information and belief, that all times hereinafter mentioned, the Plaintiff was and still is a statutory trust organized and existing under the laws of the State of its incorporation, and is duly authorized to conduct business in the State of New York. Lia Del Valle a/k/a Lia DelValle delivered to Bank of America, N.A. a note (a copy of which is attached hereto) dated October 7, 2006. B. As security for the note, Lia Del Valle delivered to Bank of America, N.A. a mortgage (a copy of which is attached hereto) dated October 7, 2006 which was recorded in the Clerk's Office where the property is located on November 3, 2006, in Liber/Reel/Book/Instrument 2006000617574 of Mortgages at Page n/a. At the time of recording the Mortgage Tax was paid. Does," C. All other named defendants and "John have or may claim to have some interest in, or lien upon said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of the mortgage, or may have accrued prior to said mortgage, but is subject and subordinate thereto to the lien of said mortgage. D. The People of the State of New York, The State Tax Commission, The Environmental Control Board, The Environmental Fire Control Board, The Industrial Commissioner of the State ofNew York, The Parking Violations Bureau, and all other agencies or instrumentalities of the Federal (the United State of 9 of 18 FILED: QUEENS COUNTY CLERK 04/23/2024 10:19 AM INDEX NO. 708627/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 America), State or local government (by whatever name designated) if made parties to this action and if appearing in the caption are made parties solely of the judgment hereinafter set forth and filed as noted in the amount set forth or by virtue of any estate taxes: SEE ATTACHED JUDGMENT(S)(If Any.) E. Upon information and belief, if applicable, any defendant captioned as a corporation is believed to be a New York corporation or licensed to do business in New York. II. Standing A. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-R1 Trust, directly or through an agent, has possession and control of the promissory note. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-R1 Trust has delegated the authority to institute a foreclosure action to Select Portfolio Servicing, Inc., as servicer for the Plaintiff, pursuant to a Limited Power of Attorney. The promissory note is either made payable to Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-R1 Trust or has been duly endorsed or contains an allonge. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-R1 Trust is either the original mortgagee or assignee of the security instrument for the subject loan. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-R1 Trust has the right to foreclose the subject note and security instrument. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2022-R1 Trust is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a foreclosure action by such owner and holder of the subject mortgage and note. B. The original mortgage was given to Bank of America, N.A. on October 7, 2006 which was recorded in the Clerk's Office where the property is located on November 3, 2006, in Liber/Reel/Book/Instrument 2006000617574 of Mortgages at Page n/a. Said mortgage was then assigned from Bank of America, N.A. to ABS Loan Trust V, and the Assignment of Mortgage was dated December 21, 2018 and recorded in the Clerk's Office where the property is located on January 7, 2019 in Liber/Reel/Book/Instrument/CRFN 2019000005699 at Page n/a of Mortgages. Said mortgage was further assigned from ABS Loan Trust V to ABS REO Trust V, and the Assignment of Mortgage was dated July 24, 2019; and recorded in the Clerk's Office where the property is located on August 27, 2019 in Liber/Reel/Book/Instrument/CRFN 2019000274430 at Page n/a of Mortgages. Said mortgage was further assigned from ABS REO Trust V to U.S. Bank Trust National Association, as Trustee, for ABS Loan Trust V, and the Assignment of Mortgage was dated September 9, 2020; and recorded in the Clerk's Office where the property is located on October 1, 2020 in Liber/Reel/Book/Instrument/CRFN 2020000266172 at Page n/a of Mortgages. Said mortgage was further