On April 30, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Hsbc Bank Usa, N.A., As Indenture Trustee For The Registered Noteholders Of Renaissance Home Equity Loan Trust 2005-4, Renaissance Home Equity Loan Asset-Backed Notes, Series 2005-4,
and
John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And 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 Subject
Property Described In The Complaint,
Maria Negri
As Heir At Law And Next Of Kin To Jesus Riglo A K A Jesus Riglos Molina,
Nadeska Riglos
A K A Nadeska Ethel Riglos-Gonzales As Administratrix To The Estate Of And As Heir At Law And Next Of Kin To Jesus Riglos A K A Jesus Riglos Molina,
New York State Department Of Taxation And Finance,
United States Of America O B O Internal Revenue Service,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024
EXHIBIT A
FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024
LOAN#
NOTE
November 30th, 2005 Brooklyn NY
108 Nichols Avenue , Brooklyn, NY 11208
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $425,000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is Delta Funding Corporation. I will make all
payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
Holder."
and who is entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 6.990%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described
in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on February 1st, 2006. I will
make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will
be applied to interest before Principal. If, on January 1st, 2036. I still owe amounts under this Note, I will pay those
Date."
amounts in full on that date, which is called the "Maturity
I willmake my monthly payments at 1000 Woodbury Road P.O. Box 9009 Woodbury, NY 11797 or at a
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $2,824.68.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal
"Prepayment."
only is known as a When I make a Prepayment, I will tell the Note Holder in writing that I am doing
so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note
Holder. may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying
my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes
in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2% of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
-Si e Fami Fann[eMae/FreddleMacUNIFORMINSTRUMENT Form 3233 1/01(page1 of 3 pages)
FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice ofDefault
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has
not been paid and all the intemst that I owe on that amount. That date must be at least 30 days after the date on which
the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required
me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if
I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one personsigns this Note, each person is fully and personally obligatedtokeep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against
all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
"Presentment"
Dishonor. means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses which might esult if I do not keep the
promises which I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Lender may require immediate payment in full of all Sums Secured by this Security
Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred
without Lender's prior written pennission. If Borrower is not a natural person and a beneficial
interest in Borrower is sold or transferred without Lender's prior written permission, Lender also
may require immediate payment in full. However, this option shall not be exercised by Lender if
such exercise is prohibited by Applicable Law.
If Lender requires immediate payment in full under this Section 18, Lender will give me a
notice which states this requirement. The notice will give me at least 30 days to make the required
payment. The 30-day period will begin on the date the notice is given to me in the manner required
by Section 15 of this Security Instrument. If I do not make the required payment during that period,
Lender may act to enforce its rights under this Security Instrument without giving me any further
notice or demand for payment.
NEW YORK FIXED RATE NOTE-SingleFamily-FannieMae/heddie Mac UNIFORMINSTRUMENT Form3233 1/01(page2 of 3pages)
FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Seal
Jesus Riglos -Borrower
Seal
-Borrower
.Seal
-Borrower
Seal
-Borrower
[Sign Original Only]
NEW YORK FIXED RATE NOTE-SingleFamily-FannieMae/FreddieMac UNIFORM INSTRUMENT Form 3233 1/01&age3 of 3 pages)
FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024
ALLONGE
RE: Jesus Riglos
LOAN #:
PROPERTY ADDRESS: 108 Nichols Avenue, Brooklyn, NY 11208
ADDRESS #2:
ADDRESS #3:
PTONAS
PAY TO THE ORDER OF: NDˆNTUR¬TRUSTEE ND R
THE
WITHOUT RECOURSE
DELTA FUNDING CORPORATION
BY
Carol Hollmann, Vice President
P21008
FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024
RIDER TO NOTE
This rider supplements the attached Note ("Note") dated November 30th, 2005. The terms of this rider shall
supersede any language to the contrary located in the attached Note or any other document executed in
connection with this transaction. This rider SHALL apply unless: 1) the Security Instrument and/or Note are
assigned to a government sponsored
entity such as Fannie Mae or Freddie Mac ("GSE's") and the provisions are
not permitted by the GSE's; OR 2) the provisions are prohibited by applicable law. If any provisions are
prohibited the prohibited portions shall be removed, but the remaining terms shall be effective.
Prepayment penalty: Notwithstanding anything to the contrary in the Note regarding Borrower's Right
to Prepay, in the event the debt secured by the mortgage/security instrument is prepaid, the borrower will
be subject to a prepayment penalty as follows...
The Debt secured by this mortgage may be prepaid, in whole or in part, at any time. However, should such
prepayment be made within the first year from the date of the loan, there shall be paid to the holder of this
mortgage a sum equal to 5% of the amount prepaid.
If borrower prepays up to 20% of the unpaid principal balance in any 12 month period the prepayment penalty is
in effect, there shall be no prepayment penalty. However, if the borrower prepays any amount more than 20% in
any 12 month period the prepayment penalty is in effect, the penalty is calculated on the entire amount prepaid.
Jesus Riglos DATE
C21227
Preview
FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024 EXHIBIT A FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024 LOAN# NOTE November 30th, 2005 Brooklyn NY 108 Nichols Avenue , Brooklyn, NY 11208 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $425,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Delta Funding Corporation. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer Holder." and who is entitled to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.990%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on February 1st, 2006. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 1st, 2036. I still owe amounts under this Note, I will pay those Date." amounts in full on that date, which is called the "Maturity I willmake my monthly payments at 1000 Woodbury Road P.O. Box 9009 Woodbury, NY 11797 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $2,824.68. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal "Prepayment." only is known as a When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder. may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 2% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. -Si e Fami Fann[eMae/FreddleMacUNIFORMINSTRUMENT Form 3233 1/01(page1 of 3 pages) FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024 (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice ofDefault If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the intemst that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one personsigns this Note, each person is fully and personally obligatedtokeep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of "Presentment" Dishonor. means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might esult if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written pennission. If Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission, Lender also may require immediate payment in full. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender requires immediate payment in full under this Section 18, Lender will give me a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument. If I do not make the required payment during that period, Lender may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. NEW YORK FIXED RATE NOTE-SingleFamily-FannieMae/heddie Mac UNIFORMINSTRUMENT Form3233 1/01(page2 of 3pages) FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Seal Jesus Riglos -Borrower Seal -Borrower .Seal -Borrower Seal -Borrower [Sign Original Only] NEW YORK FIXED RATE NOTE-SingleFamily-FannieMae/FreddieMac UNIFORM INSTRUMENT Form 3233 1/01&age3 of 3 pages) FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024 ALLONGE RE: Jesus Riglos LOAN #: PROPERTY ADDRESS: 108 Nichols Avenue, Brooklyn, NY 11208 ADDRESS #2: ADDRESS #3: PTONAS PAY TO THE ORDER OF: NDˆNTUR¬TRUSTEE ND R THE WITHOUT RECOURSE DELTA FUNDING CORPORATION BY Carol Hollmann, Vice President P21008 FILED: KINGS COUNTY CLERK 04/30/2024 03:18 PM INDEX NO. 512164/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/30/2024 RIDER TO NOTE This rider supplements the attached Note ("Note") dated November 30th, 2005. The terms of this rider shall supersede any language to the contrary located in the attached Note or any other document executed in connection with this transaction. This rider SHALL apply unless: 1) the Security Instrument and/or Note are assigned to a government sponsored entity such as Fannie Mae or Freddie Mac ("GSE's") and the provisions are not permitted by the GSE's; OR 2) the provisions are prohibited by applicable law. If any provisions are prohibited the prohibited portions shall be removed, but the remaining terms shall be effective. Prepayment penalty: Notwithstanding anything to the contrary in the Note regarding Borrower's Right to Prepay, in the event the debt secured by the mortgage/security instrument is prepaid, the borrower will be subject to a prepayment penalty as follows... The Debt secured by this mortgage may be prepaid, in whole or in part, at any time. However, should such prepayment be made within the first year from the date of the loan, there shall be paid to the holder of this mortgage a sum equal to 5% of the amount prepaid. If borrower prepays up to 20% of the unpaid principal balance in any 12 month period the prepayment penalty is in effect, there shall be no prepayment penalty. However, if the borrower prepays any amount more than 20% in any 12 month period the prepayment penalty is in effect, the penalty is calculated on the entire amount prepaid. Jesus Riglos DATE C21227