Preview
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024
EXHIBIT M
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
AFFIDAVIT OF MERIT AND
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT AMOUNTS DUE
IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS
CAPACITY AS OWNER TRUSTEE FOR CASCADE Index No. 501717/2021
FUNDING MORTGAGE TRUST HB2,
Property Address:
Plaintiff, 87 Hewitt Street
vs. Lake Peekskill, NY 10537
ANY AND ALL KNOWN OR UNKNOWN HEIRS,
DEVISEES, GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL OTHER PARTIES
CLAIMING AN INTEREST BY, THROUGH, UNDER
OR AGAINST THE ESTATE OF HELEN FORCINA,
DECEASED; UNITED STATES OF AMERICA ACTING
ON BEHALF OF THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT; ELIZABETH SOKOL, AS
HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF
HELEN FORCMA, DECEASED; MARYLYNN
HIBBERT, AS HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF HELEN FORCMA, DECEASED;
JOSEPHINE FORCINA, AS HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF HELEN FORCINA,
DECEASED; ROBERT FORCINA, AS HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF HELEN FORCINA,
DECEASED,
Defendants.
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
Lisa Silva, being duly sworn, deposes and says:
1. I am employed as a/an Contract Management Coordinator of PHH MORTGAGE
CORPORATION ("PHH") as Servicer for WILMINGTON SAVINGS FUND SOCIETY, FSB,
NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER
TRUSTEE FOR CASCADE FUNDING MORTGAGE TRUST HB2 ("PLAINTIFF"). As such, I
am authorized to make this Affidavit.
51543.0176/FORCINA
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024
2. In the regular performance of my job functions, I have access to and am familiar with the
business records relating to the servicing of the mortgage loan at issue in this action. PHH keeps
certain business records pertaining to acts, transactions, occurrences, and events regarding and
pertaining to the mortgage loan accounts PHH services. Those business records are made and
maintained in the regular course of PHH's business and include data compilations, imaged
documents related to payment and expenditures on loans, as well as collateral loan documents such
as mortgages, notes, name documents, and other records. Records of such acts, transactions,
occurrences, and events are made at or near the time by-or from information transmitted by-a
person with knowledge. To the extent that the business records of the loan in this matter were
created by a prior servicer, those records have been incorporated into PHH's business records and
relied upon by PHH in the regular course of its day to day business operations.
3. This is an action seeking to foreclose a reverse mortgage upon residential property located
at 87 Hewitt Street, Lake Peekskill, NY 10537 ("Premises").
4. HELEN FORCINA ("Borrower(s)") executed a note ("Note"), secured by a Mortgage
("Mortgage"), and a Loan Agreement (the "Loan Agreement"), all dated March 29, 2013, setting
forth the terms and conditions of the reverse mortgage in favor of Mortgage Electronic Reg-
loan,
istration Systems, Inc., as nominee for SENIOR SECURITY ADVISORS. The Loan
Agreement, together with the Note and Mortgage, are collectively referred to hereinafter as the
Documents."
"Loan A copy of the Loan Documents are annexedhereto as Exhibit "A".
5. The Mortgage was recorded on April 19, 2013, in Book 6196, at Page 289, in the Office of
the PUTNAM County Clerk. The Mortgage was assigned to Plaintiff by an Assignment of Mortgage
dated August 26, 2021 and recorded in the Office of the PUTNAM County Clerk on August 30,
2021, at Book 7439, Page 176. A copy ofthe Assignment of Mortgage is annexed hereto as Exhibit
"B".
51543.0176/FORCINA
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024
6. Plaintiff is the holder of the aforesaid note prior to the commencement of this action and
Plaintiff continues to hold the original Note, given by HELEN FORCINA to secure a mortgage up
to a maximum principal amount of $300,000.00 against real property commonly known as 87
Hewitt Street, Lake Peekskill, NY 10537.
7. There is, in fact, a default under the terms and conditions of the Loan Documents. On or
about May 11, 2021, Borrower died, and the subject property is not the principal residence of any
surviving borrower.
8. The default has not been cured, and the loan has been accelerated, making the entire amount
due and owing in accordance with the terms of the loan, along with interest.
9. My review of PHH's business records reveals that a Notice of Default was mailed by
certified mail on May 25, 2021. A copy of said Notice of Default is annexed hereto as Exhibit "C".
10. Based upon my review of the records, the RPAPL section 1304 90-day notice was sent on
May 25, 2021, at least 90 days before the commencement of this foreclosure action. The 90-day
notices were mailed to the last known address of the borrower(s) and if different, to the address of
the property being foreclosed. A copy of the 90-day notices are attached hereto as Exhibit "D".
11. In a reverse mortgage, all advances are added to the loan balance, per the terms of the Loan
Documents. As such, the loan balance continues to grow even if the borrower never takes cash
advances after the loan closes, or halts taking cash advances. This is due to compounding interest,
mortgage insurance premiums, fees and advances that are added to the loan balance each month.
12. At the time the action was commenced, the amount due was $150,037.66.
13. As a result of the default, the amount due upon the Note and Mortgage, as shown by PHH's
business records, a true and correct copy of which are attached hereto as Exhibit "E", as of June
14, 2023, is as follows:
51543.0176/FORCINA
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024
Principal Balance $150,037.66
Accrued Interest good through May 31, 2023 $96,722.98
Accrued Mortgage Insurance Premiums (MIP) $24,775.73
Intra Month Per Diem Total $624.91
Corporate Advances $18,804.98
Per Diem: $50.32
TOTAL $290,966.26
14. Subsequent to the default as described above, inspections were performed to determine the
occupancy status of the property. At least three consecutive inspections of the property were
conducted, twenty-five (25) to thirty-five (35) days apart. After each inspection, a report was
prepared by the inspector describing, among other things, the vacancy status and condition of the
property. The inspection reports include photographs depicting the condition of the property on
the date of the inspection. The inspection reports and photographs are incorporated into PHH's
records in the regular course of business and relied upon by PHH in the ordinary course of its
"F"
business. Annexed hereto as Exhibit are copies of the inspection reports.
15. Each inspection report includes photographs taken during the inspection and depicts the
property as vacant and abandoned. Plaintiff does not have possession of utility records for the
property. Each inspection report confinns that (i) no occupant was present at the property, (ii)
there was no indication that any persons were residing at the property and (iii) that the property is
not being properly maintained.
51543.0176/FORCINA
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024
Subscribed and sworn to under the penalty of perjury this day of July ,
2023.
Name: Lisa Silva
Title: Contract Management Coordinator
PHH MORTGAGE CORPORATION ("PHH") as
Servicer for WILMINGTON SAVINGS FUND
SOCIETY, FSB, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY IN ITS CAPACITY
AS OWNER TRUSTEE FOR CASCADE
FUNDING MORTGAGE TRUST HB2
UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Outside New York State)
STATE OF FLORIDA
COUNTY OF PALM BEACH
h $ physical presence or [ ]
The foregoing instrument was acknowledged before me by means of
online notarization, this day of July , 2023, by Lisa Silva as Contract
Management Coordinator for PHH Mortgage Corporation who is the Servicer for WILMINGTON
SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN
ITS CAPACITY AS OWNER TRUSTEE FOR CASCADE FUNDING MORTGAGE TRUST
HB2, who is personally known to me or who has produced as
id tion.
- o Florida
Notary Pu I c S
Signature of Notary Public my E°a|"'", r Ap 28 2024
Bondedthrough National Notary Assn.
Carrie E. Priebe
Name of Notary Public:
Notary Commission Expiration Date:
Personally known:
OR Produced Identification: ------
Type of Identification Produced:
51543.0176/FORCINA
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024
EXHIBITA
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
NYSCEF DOC. PUTNAM
SILED :
NO. 124 COUNTY CLERK 12 / 2 Ô/2021 RECEIVED NYSCEF: 04/29/2024
YSCEF DOC. NO. 6 RECEIVED NYSCEF : 12 / 2 0 / 2 0 2 1
State of NEW YORK
FIXED RATE NOTE
CLOSED END
(Home Equity Conversion)
March 29, 2013 FHA e
MIN:
87 HEWITT STREET, LAKE PEEKSKILL, New York 19537 (Property Address)
1. DEFINITIONS
"Borrower"
means each person signing at the end of this Note. "Lender" means Senior Security
Advisors and its successors and assigns. "Secretary" means the Secretary of Housing and Urban
Development or his or her authorized representatives.
2. BORROWER'S PROMISE 10 PAY: INTEREST
In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a
Home Equity Conversion Loan Agreement dated March 29, 2013 ("Loan Agreement"), Bormwer
pmmises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made
under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not due
earlier, are due and payable on July 30, 2082. Interest will be charged on unpaid principal at the rate of
Four AND Seven Hundred Fif ty Thousandth percent (4.750%) per year until the full amount of
principal has been paid. Accrued interest shall be added to the principal balance as a Loan Advance at
the end of each month.
.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secuted by a mortgage, deed of trust or similar security instrument that is
dated the same date as this Note and called the "Security Instrument" That Security Instrument protects
the Lender from losses which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall pay all outstanding principal and accrued interest to Londer upon receipt of a
siotice by Lender requiring immediate payment-in-f bil, as provided In Paragraph 6 of this Note.
(B) Place
Payment shall be made at Senior Security Advisors, 3601 Hempstead Thrnpike, Suite 300,
Levittown, NY 11756 or any such other place as Lender may designate in writing by notice to
. Borrower. .
(C) Limitation of Liability
Borrower shall have no personal liability for payment of the debt. Lender shall enforce the debt
only th ough sale of the Property covered by the Security Instrument ("Property"). If this Note is
assigned to the Secretary, the Borrower shall not be liable for any difference between the
mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued
interest, owed by Borrower at the time of the assignment.
5. BORROWER'S RIGHT TO PREPAY
A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or
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penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second
Note described in Paragraph 10 of this Note and then to reduce the principal balance of this Note.
All prepayments of the principal balance shall be applied by Lender as follows:
Einit, to that portion of the principal balance representing aggregate payments for mortgage
insurance premiums;
Second. to that portion of the principal balance representing aggregate payments for servicing
fees;
Third. to that portion of the principal balance representing accrued interest due under the Note;
and
Fourth. to the remaining portion of the principal balance.
To the extent Borrower prepays any outstanding balance under this Note, such amounts will no
longer be available to be advanced under this Note.
6. IMMEDIATE PAYMENT-IN-FULL
(A) Death or Sale
Lender may require immediate payment-in-full of all outstanding principal and accrued interest
if:
(i) A Borrower dies and the Property is not the principal residence of at least one
surviving Borrower, or
(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust
owning all or part of the Property) is sold or.otherwise transferred and no other Borrower
retains title to the Property in fee simple or retains a leasehold under a lease for not less
than 99 years which is renewable or a lease having a remaining period of not less than 50
years beyond the date of the 100th birthday of the youngest Borrower or retains a life
. estate (or retaining a beneficial interest in a trust with such an interest in the Property).
(B) Other Grounds
Lender may require immediate payment-in-full of all outstanding principal and accrued interest,
upon approval by an authorized representative of the Secretary, if:
. . . . . .
(i) The Property ceases to be the principal residence of a Borrower for reasons other than
death and the Property is not the principal residence of at least one other Borrower;
(ii) For a period of longer than 12 consecutive months, a Borrower fails to physically
occupy the Property because of physical or mental illness and the Property is not the
principal residence of at least one other Borrower; or
.
(iii) An obligation of the Borrower under the Security Instrument is not performed.
(C) Payment of Costs and Expenses
. If Lender has required immediate payment-in-full as described above, the debt enforced through
sale of the Property may include costs and expenses, including reasonable and customary
attomey's fees, associated with enforcement of this Note to the extent not prohibited by
applicable law. Such fees and costs shall bear interest from the date of disbursement at the same
rate as the principal of this Note.
. .
.
Page2ord . HECMFintNote
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF : 12 / 2 0 / 2 021
(D) Trusts
Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of
the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be
considered a conveyance for purposes of this Paragraph. A trust shall not be considered an
occupant or be considered as having a principal residence for purposes of this Paragraph.
7. WAIVERS
Borrower waives the rights of presentment and notice of dishonor "Presentment"
means the right to
require dishonor"
Lender to demand payment of amounts due. "Notice of means the right to require
Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this
Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address
above of at a different address if Borrower has given Lender a notice of Borrower's different address.
Any notice tliat must be given to Lender under this Note will be given by first class mail to Lender at the
address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different
address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully obligated to keep all of the promises made
in this Note. Leader may enforce its rights under this Note
only through sale of the Property. .
t o. RELATIONSHIP TO SECOND NOTE
(A) Second Note
Because Borrower will be required to repay amounts which the Secretary may make to or on
behalf of Borrower pursuant to Section 255 (i)(l)(A) of the National Housing Act and the Loan
Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary.
(B) Relationship of Secretary Payments to this Note
Payments made by the Secretary shall not be included in the debt due under this Note unless:
(i) This Note is assigned to the Secretary; or
(ii) The Secretary accepts reimbursements by the Lender for all payments made by the
Secretary.
If the circumstances described in (i) or (ii) occur, then all payments by the Secretary,
including interest on the payments, shall be included in the debt.
(C) Effect on Borrower
Where there is no assignment or reimbursement as described in (BXi) or (ii) and the Seoretary
makes payments to Borrower, then Borrower shall nor:
(i) Be required to pay amounts owed under this Note until the Secretary has required
payment-in-full of all outstanding principal and accrued interest under the Second Note
held by the Secretary, notwithstanding anything to the contrary in Paragraph 6 of this
Note; or .
(ii) Be obligated to pay interest under this Note at any time, whether accrued before or
af ter the payments by the Secretary, and whether or not accrued interest has been included
in the principal balance of this Note, notwithstanding anything to the contrary in
Paragraph 2 of this Note or any Allonge to this Note.
Page3of 4
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
F ILED DOC. PUTNAM INDEX NO. 501717/2021
NYSCEF :
NO. 124 COUNTY CLERK :
RECEIVED NYSCEF: 04/29/2024
NYSCEF DOC . NO. 6 . RECEIVED NYSCEF: 12/20/2021
BY BEL , B r accepts and agrees to the terms and covenants contained in thisNote.
. (SEAL)
SquWFORCMA Date
b
. . Page4of4 HECMPW Na
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F ILED DOC.
NYSCEF : PUTNAM
NO. 124 COUNTY CLERK : INDEX NO.
RECEIVED NYSCEF: 04/29/2024
501717/2021
NY SCE F DOC . NO . 6 RECE IVE D NY SCE F: 12/20/2021
.
" . . Corporate Headquarters:
LTnited Northern ..02--,.te.dt...i-e
'
s. e 00i e o...-vil s.
Office:(516)520-5700 Fax:(516)S20-9374
MOrtgage Bankers, Ltd"
-.unitedNorthern.com
ALLONGE
-
Note Dated: MARCH 29,2013
Borrower(s): HELEN FORCENA
Address: 87 HEWITT STREET
LAKE PEEKSKILL, NEW YORK 10537
Lender: SENIOR SECURITY ADVISORS
Amount of Loan: $144,800.00
Pay to the order of
REVERSE MORTGAGE SOLUTIONS, INC .
Without Recourse
SENIOR SECURITY ADVISORS ,
PA I A I SON
CFO
- Loan #
a
UnitedNorthernMortgage9enters, Ltd. [ DBAs SeniorSecurflyHomeAdventage,SeniorSecurityAdvisorsI3601 HempsteadTurnpike,Suite
300,Levittown.NY 11756
CorporateNMLSID #7230" NewYork81steDeptofFinanclefServices|LicensedMontgage Bankerlicense# B60004o
NewJerseyDept of Bankingand Insurance|Montgage LanderIIcente200046823" PennsylvanieDept.of BankingI MortgageLoriderlicense#20867
ConnecticutDept.of Banking1MortgageLanderlicense#20372" SouthCarolineStateSoerdof FinancialInstitutionsI MortgageLonderIIcense #MLS7230
Massachusetts Ohr.of BanksandLoanAgencies} MortgageLanderI MortgageBrokerIlcense#MC7230
NorthCarolineCommiseIoner of BanksI MortgageLonderIlcense#L140866"Floride Dept of FinanclelInstitutions) MortgageLonderIIcense#ML0700679
DirectEndorsedFHAI.ender
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
FILED INDEX NO. 501717/2021
NYSCEF DOC. PUTNAM
:
NO. 124 COUNTY CLERK : RECEIVED NYSCEF: 04/29/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/20/2021
ALLONGE
SKEY:
Loan #:
BORROWERS: Forcina Helen
PAY TO THE ORDER OF:
WITHOUT RECOURSE
COMPANY NAME: REVERSE MORTGAGE SOLUTIONS, INC.
BY: 22#Y7.T0·
ROBBYE JOHNSON
VICE PRESIDENT
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021
FILED : PUTNAM COUNTY CLERK INDEX NO. 501717/2021
NYSCEF DOC. NO. 124 5 : RECEIVED NYSCEF: 04/29/2024
NYSCEF DOC. NO. 7 RECEIVED NYSC):F: 12/20/2021
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Document Bage Count 13 ReceApt 9 7231
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Preview
FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024 EXHIBIT M FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM AFFIDAVIT OF MERIT AND WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT AMOUNTS DUE IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE FOR CASCADE Index No. 501717/2021 FUNDING MORTGAGE TRUST HB2, Property Address: Plaintiff, 87 Hewitt Street vs. Lake Peekskill, NY 10537 ANY AND ALL KNOWN OR UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF HELEN FORCINA, DECEASED; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; ELIZABETH SOKOL, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF HELEN FORCMA, DECEASED; MARYLYNN HIBBERT, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF HELEN FORCMA, DECEASED; JOSEPHINE FORCINA, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF HELEN FORCINA, DECEASED; ROBERT FORCINA, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF HELEN FORCINA, DECEASED, Defendants. STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) Lisa Silva, being duly sworn, deposes and says: 1. I am employed as a/an Contract Management Coordinator of PHH MORTGAGE CORPORATION ("PHH") as Servicer for WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE FOR CASCADE FUNDING MORTGAGE TRUST HB2 ("PLAINTIFF"). As such, I am authorized to make this Affidavit. 51543.0176/FORCINA FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024 2. In the regular performance of my job functions, I have access to and am familiar with the business records relating to the servicing of the mortgage loan at issue in this action. PHH keeps certain business records pertaining to acts, transactions, occurrences, and events regarding and pertaining to the mortgage loan accounts PHH services. Those business records are made and maintained in the regular course of PHH's business and include data compilations, imaged documents related to payment and expenditures on loans, as well as collateral loan documents such as mortgages, notes, name documents, and other records. Records of such acts, transactions, occurrences, and events are made at or near the time by-or from information transmitted by-a person with knowledge. To the extent that the business records of the loan in this matter were created by a prior servicer, those records have been incorporated into PHH's business records and relied upon by PHH in the regular course of its day to day business operations. 3. This is an action seeking to foreclose a reverse mortgage upon residential property located at 87 Hewitt Street, Lake Peekskill, NY 10537 ("Premises"). 4. HELEN FORCINA ("Borrower(s)") executed a note ("Note"), secured by a Mortgage ("Mortgage"), and a Loan Agreement (the "Loan Agreement"), all dated March 29, 2013, setting forth the terms and conditions of the reverse mortgage in favor of Mortgage Electronic Reg- loan, istration Systems, Inc., as nominee for SENIOR SECURITY ADVISORS. The Loan Agreement, together with the Note and Mortgage, are collectively referred to hereinafter as the Documents." "Loan A copy of the Loan Documents are annexedhereto as Exhibit "A". 5. The Mortgage was recorded on April 19, 2013, in Book 6196, at Page 289, in the Office of the PUTNAM County Clerk. The Mortgage was assigned to Plaintiff by an Assignment of Mortgage dated August 26, 2021 and recorded in the Office of the PUTNAM County Clerk on August 30, 2021, at Book 7439, Page 176. A copy ofthe Assignment of Mortgage is annexed hereto as Exhibit "B". 51543.0176/FORCINA FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024 6. Plaintiff is the holder of the aforesaid note prior to the commencement of this action and Plaintiff continues to hold the original Note, given by HELEN FORCINA to secure a mortgage up to a maximum principal amount of $300,000.00 against real property commonly known as 87 Hewitt Street, Lake Peekskill, NY 10537. 7. There is, in fact, a default under the terms and conditions of the Loan Documents. On or about May 11, 2021, Borrower died, and the subject property is not the principal residence of any surviving borrower. 8. The default has not been cured, and the loan has been accelerated, making the entire amount due and owing in accordance with the terms of the loan, along with interest. 9. My review of PHH's business records reveals that a Notice of Default was mailed by certified mail on May 25, 2021. A copy of said Notice of Default is annexed hereto as Exhibit "C". 10. Based upon my review of the records, the RPAPL section 1304 90-day notice was sent on May 25, 2021, at least 90 days before the commencement of this foreclosure action. The 90-day notices were mailed to the last known address of the borrower(s) and if different, to the address of the property being foreclosed. A copy of the 90-day notices are attached hereto as Exhibit "D". 11. In a reverse mortgage, all advances are added to the loan balance, per the terms of the Loan Documents. As such, the loan balance continues to grow even if the borrower never takes cash advances after the loan closes, or halts taking cash advances. This is due to compounding interest, mortgage insurance premiums, fees and advances that are added to the loan balance each month. 12. At the time the action was commenced, the amount due was $150,037.66. 13. As a result of the default, the amount due upon the Note and Mortgage, as shown by PHH's business records, a true and correct copy of which are attached hereto as Exhibit "E", as of June 14, 2023, is as follows: 51543.0176/FORCINA FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024 Principal Balance $150,037.66 Accrued Interest good through May 31, 2023 $96,722.98 Accrued Mortgage Insurance Premiums (MIP) $24,775.73 Intra Month Per Diem Total $624.91 Corporate Advances $18,804.98 Per Diem: $50.32 TOTAL $290,966.26 14. Subsequent to the default as described above, inspections were performed to determine the occupancy status of the property. At least three consecutive inspections of the property were conducted, twenty-five (25) to thirty-five (35) days apart. After each inspection, a report was prepared by the inspector describing, among other things, the vacancy status and condition of the property. The inspection reports include photographs depicting the condition of the property on the date of the inspection. The inspection reports and photographs are incorporated into PHH's records in the regular course of business and relied upon by PHH in the ordinary course of its "F" business. Annexed hereto as Exhibit are copies of the inspection reports. 15. Each inspection report includes photographs taken during the inspection and depicts the property as vacant and abandoned. Plaintiff does not have possession of utility records for the property. Each inspection report confinns that (i) no occupant was present at the property, (ii) there was no indication that any persons were residing at the property and (iii) that the property is not being properly maintained. 51543.0176/FORCINA FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024 Subscribed and sworn to under the penalty of perjury this day of July , 2023. Name: Lisa Silva Title: Contract Management Coordinator PHH MORTGAGE CORPORATION ("PHH") as Servicer for WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE FOR CASCADE FUNDING MORTGAGE TRUST HB2 UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Outside New York State) STATE OF FLORIDA COUNTY OF PALM BEACH h $ physical presence or [ ] The foregoing instrument was acknowledged before me by means of online notarization, this day of July , 2023, by Lisa Silva as Contract Management Coordinator for PHH Mortgage Corporation who is the Servicer for WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE FOR CASCADE FUNDING MORTGAGE TRUST HB2, who is personally known to me or who has produced as id tion. - o Florida Notary Pu I c S Signature of Notary Public my E°a|"'", r Ap 28 2024 Bondedthrough National Notary Assn. Carrie E. Priebe Name of Notary Public: Notary Commission Expiration Date: Personally known: OR Produced Identification: ------ Type of Identification Produced: 51543.0176/FORCINA FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/29/2024 EXHIBITA FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 NYSCEF DOC. PUTNAM SILED : NO. 124 COUNTY CLERK 12 / 2 Ô/2021 RECEIVED NYSCEF: 04/29/2024 YSCEF DOC. NO. 6 RECEIVED NYSCEF : 12 / 2 0 / 2 0 2 1 State of NEW YORK FIXED RATE NOTE CLOSED END (Home Equity Conversion) March 29, 2013 FHA e MIN: 87 HEWITT STREET, LAKE PEEKSKILL, New York 19537 (Property Address) 1. DEFINITIONS "Borrower" means each person signing at the end of this Note. "Lender" means Senior Security Advisors and its successors and assigns. "Secretary" means the Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE 10 PAY: INTEREST In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated March 29, 2013 ("Loan Agreement"), Bormwer pmmises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not due earlier, are due and payable on July 30, 2082. Interest will be charged on unpaid principal at the rate of Four AND Seven Hundred Fif ty Thousandth percent (4.750%) per year until the full amount of principal has been paid. Accrued interest shall be added to the principal balance as a Loan Advance at the end of each month. . 3. PROMISE TO PAY SECURED Borrower's promise to pay is secuted by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument" That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall pay all outstanding principal and accrued interest to Londer upon receipt of a siotice by Lender requiring immediate payment-in-f bil, as provided In Paragraph 6 of this Note. (B) Place Payment shall be made at Senior Security Advisors, 3601 Hempstead Thrnpike, Suite 300, Levittown, NY 11756 or any such other place as Lender may designate in writing by notice to . Borrower. . (C) Limitation of Liability Borrower shall have no personal liability for payment of the debt. Lender shall enforce the debt only th ough sale of the Property covered by the Security Instrument ("Property"). If this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 5. BORROWER'S RIGHT TO PREPAY A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or PageI of 4 . HECMFintNece FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 F ILED : PUTNAM COUNTY CLERK INDEX NO . 5017 17 / 2 0 2 1 NYSCEF DOC. NO. 124 5 : RECEIVED NYSCEF: 04/29/2024 NYSCEF, DOC. NO. 6 . . RECEIVED NYSCEF: 12 / 2 0 / 2 0 2 1 penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 10 of this Note and then to reduce the principal balance of this Note. All prepayments of the principal balance shall be applied by Lender as follows: Einit, to that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second. to that portion of the principal balance representing aggregate payments for servicing fees; Third. to that portion of the principal balance representing accrued interest due under the Note; and Fourth. to the remaining portion of the principal balance. To the extent Borrower prepays any outstanding balance under this Note, such amounts will no longer be available to be advanced under this Note. 6. IMMEDIATE PAYMENT-IN-FULL (A) Death or Sale Lender may require immediate payment-in-full of all outstanding principal and accrued interest if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower, or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or.otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life . estate (or retaining a beneficial interest in a trust with such an interest in the Property). (B) Other Grounds Lender may require immediate payment-in-full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if: . . . . . . (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or . (iii) An obligation of the Borrower under the Security Instrument is not performed. (C) Payment of Costs and Expenses . If Lender has required immediate payment-in-full as described above, the debt enforced through sale of the Property may include costs and expenses, including reasonable and customary attomey's fees, associated with enforcement of this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. . . . Page2ord . HECMFintNote FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 INDEX NO . 501717 / 2 0 21 NYSCEF DOC.PUTNAM F ILED : NO. 124 COUNTY CLERK 5 : RECEIVED NYSCEF: 04/29/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF : 12 / 2 0 / 2 021 (D) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. 7. WAIVERS Borrower waives the rights of presentment and notice of dishonor "Presentment" means the right to require dishonor" Lender to demand payment of amounts due. "Notice of means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above of at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice tliat must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Leader may enforce its rights under this Note only through sale of the Property. . t o. RELATIONSHIP TO SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to Section 255 (i)(l)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary. (B) Relationship of Secretary Payments to this Note Payments made by the Secretary shall not be included in the debt due under this Note unless: (i) This Note is assigned to the Secretary; or (ii) The Secretary accepts reimbursements by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, shall be included in the debt. (C) Effect on Borrower Where there is no assignment or reimbursement as described in (BXi) or (ii) and the Seoretary makes payments to Borrower, then Borrower shall nor: (i) Be required to pay amounts owed under this Note until the Secretary has required payment-in-full of all outstanding principal and accrued interest under the Second Note held by the Secretary, notwithstanding anything to the contrary in Paragraph 6 of this Note; or . (ii) Be obligated to pay interest under this Note at any time, whether accrued before or af ter the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note, notwithstanding anything to the contrary in Paragraph 2 of this Note or any Allonge to this Note. Page3of 4 FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 F ILED DOC. PUTNAM INDEX NO. 501717/2021 NYSCEF : NO. 124 COUNTY CLERK : RECEIVED NYSCEF: 04/29/2024 NYSCEF DOC . NO. 6 . RECEIVED NYSCEF: 12/20/2021 BY BEL , B r accepts and agrees to the terms and covenants contained in thisNote. . (SEAL) SquWFORCMA Date b . . Page4of4 HECMPW Na FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 F ILED DOC. NYSCEF : PUTNAM NO. 124 COUNTY CLERK : INDEX NO. RECEIVED NYSCEF: 04/29/2024 501717/2021 NY SCE F DOC . NO . 6 RECE IVE D NY SCE F: 12/20/2021 . " . . Corporate Headquarters: LTnited Northern ..02--,.te.dt...i-e ' s. e 00i e o...-vil s. Office:(516)520-5700 Fax:(516)S20-9374 MOrtgage Bankers, Ltd" -.unitedNorthern.com ALLONGE - Note Dated: MARCH 29,2013 Borrower(s): HELEN FORCENA Address: 87 HEWITT STREET LAKE PEEKSKILL, NEW YORK 10537 Lender: SENIOR SECURITY ADVISORS Amount of Loan: $144,800.00 Pay to the order of REVERSE MORTGAGE SOLUTIONS, INC . Without Recourse SENIOR SECURITY ADVISORS , PA I A I SON CFO - Loan # a UnitedNorthernMortgage9enters, Ltd. [ DBAs SeniorSecurflyHomeAdventage,SeniorSecurityAdvisorsI3601 HempsteadTurnpike,Suite 300,Levittown.NY 11756 CorporateNMLSID #7230" NewYork81steDeptofFinanclefServices|LicensedMontgage Bankerlicense# B60004o NewJerseyDept of Bankingand Insurance|Montgage LanderIIcente200046823" PennsylvanieDept.of BankingI MortgageLoriderlicense#20867 ConnecticutDept.of Banking1MortgageLanderlicense#20372" SouthCarolineStateSoerdof FinancialInstitutionsI MortgageLonderIIcense #MLS7230 Massachusetts Ohr.of BanksandLoanAgencies} MortgageLanderI MortgageBrokerIlcense#MC7230 NorthCarolineCommiseIoner of BanksI MortgageLonderIlcense#L140866"Floride Dept of FinanclelInstitutions) MortgageLonderIIcense#ML0700679 DirectEndorsedFHAI.ender FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 FILED INDEX NO. 501717/2021 NYSCEF DOC. PUTNAM : NO. 124 COUNTY CLERK : RECEIVED NYSCEF: 04/29/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/20/2021 ALLONGE SKEY: Loan #: BORROWERS: Forcina Helen PAY TO THE ORDER OF: WITHOUT RECOURSE COMPANY NAME: REVERSE MORTGAGE SOLUTIONS, INC. BY: 22#Y7.T0· ROBBYE JOHNSON VICE PRESIDENT FILED: PUTNAM COUNTY CLERK 04/29/2024 03:33 PM INDEX NO. 501717/2021 FILED : PUTNAM COUNTY CLERK INDEX NO. 501717/2021 NYSCEF DOC. NO. 124 5 : RECEIVED NYSCEF: 04/29/2024 NYSCEF DOC. NO. 7 RECEIVED NYSC):F: 12/20/2021 Dessasas,countyclent r0Ass8 Glenudshenus,Noom NewYnetitB12 ACS-000000000509556-000000000657150-013 Endorsement Page 3oosunent 9 1602646 5 01 Drawer Recorded Date 04/19/2013 3ocument Type NORTGAGB Book 6196 Bage 289 Recorded Time 9 32 04 AM Document Bage Count 13 ReceApt 9 7231 P BBr2NRs RATURN70s FITLBLANDAGBNCE,IBC , AS AGBBT POR WBSTCOR tilrITED if0RTHERN MORTGAGBBANKBRS, LTD 4601 RBNPSTBADTDRNPIKB . 3601 NBMPSTEADTURNPIKE 5UITB#305 BUITE# 300 WBVITNBNgNT 12756 LBVITTOWNgNY 11756 PARTIES BMt2GAGOR MORTGhGBB IBLAN FORCINA MORTGAGBELECTRONIC RBGISTRATION SYSTEMS,IN ...- ... ... .. .......-- - .._. . .. ... - .. --- -.. ..- --.. - -- .. - -- . .. ... - ..--- " --. - -- . - FBB DEER}LS RBSERVBDPOR CBRTIFICATION fonsideration 0300,000 00 LS02646 G31ttSAGB 13 BS 00 KN.TURAL EDUCATION 15 00