Preview
FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF RICHMOND
TOWD POINT MORTGAGE TRUST 2021-SJ1,
U.S. BANK NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE,
Plaintiff designates RICHMOND as the place
Plaintift of trial situs of the real property
vs.
SUMMONS
KENNETH DUNN A/K/A KENNET‰ J. DUNN;
THERESA DUNN A/K/A THERESA A. DUNN;
NEW YORK CITY PARKING VIOLATIONS
BUREAU; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW
YORK CITY TRANSIT AD JUDICATION
BUREAU,
#1" #12,"
"JOHN DOE through "JOHN DOE the Subject Property:
last twelve names being fictitious and unknown to 692 LEVERETT AVENUE
plaintiff, the persons or gies intended being the STATEN ISLAND, NY 10312
tenants, occupants, persons or co1porations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
To the above natned Defendants
YOU ARE HEREBY SUMMONED to answer the- complaint in this action and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the
Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete if this summons is not personally delivered to you within the
State of New York) in the event the United States of America is made a party defendant, the time to answer
for the said United States of America shall not expire until (60) days aDer service of the Summons; and in
case of your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaiIt.
Ell|lMIIMlIIIIlilmlIIIEllI EllIIIlllNIIHllIllIElllIIIIIIHM IIIllllMIIlllIllEIElillI
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer on the attorney
for the mortgage company who filed this foreclosure proceeding against you and filing the answer
with the court, a defanIt judgment may be entered and you can lose your homes
Speak to an attorney or go to the court wherz your case is pending for further information on how
to answer the summons and protect your property.
Sending a payrnent to the mortgage company will not stop the foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE AN$WER ON THE ATTORNEY FOR
THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.
Please take further notice that any right you may have pmsuant to the Fair Debt Collection Practices Act
to dispute the validity or amount of the debt does not change the time within which you must answer this
summons and complaint. You must fonow the instructions contained in the summons even if you dispute
the validity or amount of the debt.
Dated: April 15, 2024
Robertson, Anschutz, Schneid,
Crane & Partners, PLLC
Attomey for Plaintiff
BY:
[ ] SA RISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ] SCOTT R. WEISS, ESQ.
[X] KELLY R. FABER, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the summons
and complaint in this foreclosure action, you may lose your home. Please read
the summons and complaint carefully. You should immediately contact an
attorney or your local legal aid office to obtain advice on how to protect
yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agencies and non-profit organizations that you
may contact for information about possible options, including trying to work
with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by
the New York State Department of Financial Services at (enter number) or
visit the Department's website at (enter web address).
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME.
You have the right to stay in your home during the foreclosure process. You
are not required to leave your home unless and until your property is sold at
auction pursuant to a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE
REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property
taxes in accordance with state and local law.
Page 1 of 2
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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.
Page 2 of 2
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FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
INDEX NO.
TOWD PO1NT MORTGAGE TRUST 2021-811, U.S. BANK
NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE,
COMPLAINT
Plaintiff,
vs. Subject Property;
692 LEVERETT AVENUE
STATEN ISLAND, NY 10312
KENNETH DUNN A/K/A KENNETH J. DUNN; THERESA
DUNN A/K/A THERESA A. DUNN; NEW YORK CITY
PARKING VIOLATIONS BUREAU; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW YORK
CITY TRANSIT ADJUDICATION BUREAU,
#1" #12,."
"JOHN DOE through "JOHN DOE 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
premises, described in the complaint,
Defendants.
The complaint of the above-named plaintiff, by Robertson, Anschutz, Schneid, Crane & Partners,
PLLC, its attorneys, alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
L Plaintiff is organized under the laws of the United States of America or its state of formation
2. On October 12, 2007, KENNETH DUNN A/K/A KENNETH J. DUNN AND THERESA DUNN
A/K/A THERESA A. DUNN duly executed and delivered a note whereby KENNETH DUNN
A/K/A KENNETH J. DUNN AND THERESA DUNN A/K/A THERESA A. DUNN promised to
pay the sum of $178,600.00 plus interest as set forth in said note. A copy of said note is annexed
hereto.
3. Plaintiff, directly or thmugh an agent has complied with all applicable laws in an attempt to
establish ownership and/or possession of the subject note and the right to foreclosure of same.
Plaintiff has possession and control of the original note and mortgage, which note is secured by the
EllIIEllMlIIIllElilIIIEllI E11111111NI1111111111E11111111111IIII IIIIllllIIIlllIllEIIIIIIII
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mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed.
To the extent that the original note pr interim assigmnents of mortgage are lost or unavailable,
Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law.
4. That to secure the payment of the.surn represented by said note, KENNETH DUNN A/K/A
KENNETH J. DUNN AND THERESA DUNN A/K/A THERESA A. DUNN, duly executed and
delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid:
Recording Date: November 20, 2007
County: RICHMOND
Land Doc Number 228693
Said mortgage was assigned to Plaintiff by assignment ofmortgage duly executed on a date prior to
the filing of the complaint. A copy of said mortgage is annexed herefo.
5. Said mortgage secured the real property known as 692 LEVERETT AVENUE, STATEN ISLAND,
NEW YORK 1031.2 and by Block 5608, Lot35 together with all fixtures and articles of personal
property annexed to, installed in, or used in connection with the mortgaged prernises. all as is more
fully set forth in said mortgage, A copy of the legal description is set forth on Schedule A annexed.
6. Said loan was modified. As evidence of the modification, a Loan Modification Agreement was
executed on or about July 22, 2011.
7. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to
institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
8. Plaintiff has complied with all conditions precedent contained in the mortgage, if any.
9. To the extent applicable, Plaintiff has complied with RPAPL 1304 and RPAPL 1306.
10. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law section
595-a and any rules and regulations promulgated thereunder, Banking Law sections 6-1 and 6-m.
11, That Defendants failed to comply with the. conditiorts of the note and mortgage by failing to make
the payment that became due on May 1, 2023 and each subsequent payment thereafter.
12. That by reason of such defaults, Plaintiff he.reby declares the balance of the principal indebtedness
immediately due and payable.
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13. That there is now due and owing to the plaintiff, the principal smu of $145,558.23 with interest
thercon from April 1, 2023 plus accumulated late charges together with any sutns advanced by the
plaintiff on behalf of defendant.
14. That plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of this action, of
any or all of the defaults mentioned herein; and such election shall continue and remain effective
until the costs and disbursements of this action, and any and all future defaults urider the aforesaid
bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid.
15. That to protect its security afforded by said note and mortgage, it may be necessary for the plaintiff
to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on
the mortgaged premises, and any other charges for the protection of the premises, and plaintiff
hereby demands that any amounts which may be so expended shall be added to the amount of the
principal sum secuted by said note and mortgage, together with interest from the time of any such
payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein.
16. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage
indebtedness or if any such action is pending, a final judgment was not rendered in favor of Plaintiff
and such action is intended to be discontinued.
17. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or
lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and
subordinate to the lien of the mortgage being foreclosed.
"B"
18 The description of each of the named party defendants interest is set out on Schedule annexed.
"C"
19. The interest or lien of each of the named party defendants, if any, is set forth in Schedule
annexed.
20. The terms of said mortgage provide that defendauts shall be liabic to plaintiff for reasonable
attorneys'
fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises.
21. That the sale of the mortgaged premises and title thereto are subject to the state of facts.an accurate
survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of
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record, and to any and all violations thereof; any and all building and zoning regulations,
restrictions and ordinances of the municipality in which said premises are situated, and to any
violations of the same, including, but not limited to, reapportiomnent of lot lines, and vault charges,
if any; any and all orders or requirements issued by any governmental body having jurisdiction
against or affecting said premises and any violation of the saine; the physical condition of any
building or structure on the premises as of the date of closing hereunder; rights of tenants in
possession, if any; prior mortgages and judgments, if any, now liens of record including the
Consolidation, Extension and Modification Agreement recorded in the Office of the Clerk of the
County of Richmond on April 14, 2016 recorded in Land Doc Number 600733, which mortgage is
senior to the mortgage being foreclosed; right of Redemption of United States of America, if
any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR
Section 5015, if any; any and all Hazardous Materials in the premises including, but riot limited to,
flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing
asbestos, and toxic substances; and other conditions as set forth in the terms of sale more
particularly to be announced at the sale.
AS AND FOR A SECOND CAUSE OF ACTION
22. PlaintifTrepeats and reÄtileges each and every allegation contained in paragraph 1 through 21 as
though fully set forth herein.
23. By mutual mistake of the mortgagee and mortgagor the subject mortgage to be foreclosed, recorded
in the RICHM.OND County Clerk's Office on November 20, 2007 in Official Records Land Doc
Number 228693, was recorded with a partially incorrect legal description, whereas the correct legal
description is set forth in the legal description attached hereto as "Schedule A",
A"
24. The legal description attached hereto at "Schedule contains the correct legal description for the
subject property 692 LEVERETT AVENUE, STATEN ISLAND, NY 10312 aud known as.Block
5608, Lot 35.
25. The description contained in the said mortgage being foreclosed should be-reformed to match the
A"
legal description recited in "Schedule annexed. Plaintiff demands judgment directing the Clerk
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of RICHMOND County to refone its records to reflect that the mortgage contain the legal
description annexed hereto as "Schedule A",
THE REMAINDER OF TMS PAGE IS INTENTIONALLY LEFT BLANK
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WHEREFORE, plaintiff demands judgment against the defendants as follows:
On its First Cause of Action:
A. The defendants and each of them, and all persons claiming under them, or any of them
subsequent to the commencement of this action and the filing of the Notice of Pendency thereof,
may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of factsan accurate survey will
show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and.
to any and all violations thereof; any and all building and zoning regulations, restrictions and
ordinances of the municipality in which said premises are situated, and to any violations of the
same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any
and all orders or requirements issued by any governmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of any building or
structure on the premises as of the date of closing hereunder; rights of tenants in possession, if
any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United
States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section
2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including,
but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set fortb in the terms
of sale more particularly to be announced at the sale.
C. Said premises may be decreed to be sold in orie parcel according to law subject to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums expended by plaintiff
prior to and during the pendency of this action, and for thirty days after any sale demanded herein
for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and
essential charges or expenses in connection therewith to protect the mortgage lien, plm any sums
expended for the protection or preservation of the property covered by said mortgage and note,
and the amount secured thereby, with interest thereon from the time of such payment and the
attorneys"
costs and expenses of this action including reasonable fees so far as the amount of
such monies properly applicable thereto will pay the same;
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F. The plaintiff be decreed to be the owner of any and all personal pmperty used in
connection with the said mortgaged premises, except if discharged in bankruptcy;
G. The obligors may be adjudged to pay any deficiency which rnay rernain after applying all
of said monies so spplicable thereto unless the obligors were discharged in bankruptcy;
H. awarding the relief requested in the additional causes of action stated in the complaint, if
any;
On its Second Cause of Action:
plaintiff demands judgment reforming the mortgage being foreclosed to include the correct legal
description and directing the Clerk of RICHMOND County to reform its records to reflect that
the rnortgage contain the correct legal description annexed hereto as "Schedule A"; and that
plaintiff shall have such other and further relief or both, in the premises as shall be just and
equitable.
Dated: April 15, 2024
Robertson, Anschutz, Schneid,
Crane & Partners, PLLC
Attorney for Plaintiff
BY:
[ ] SA RISKIN, ESO
[ ] ANTHONY CELLUCCI, ESQ.
[ ] SCOTT R. WEISS, ESQ.
[X] KELLY R. FABER, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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cífibank®
FIXED RATE HOME EQUITY LOAN NOTE
Dme: 10/12/2007
Barrower(s): kENNY J.. DUNN
THERESA A. DUNN
Property Address:. 692 LEVERETT AVE
STATEN ISLAND, NY 10312 (the Property")
1.. BONKOWER's PIt0Mt5E TO REFAV
In return for a Fixed Rate Home
Equity Loan (your toan") you have received on the date hereof. you promise to pay
5178.60s.00 (this amount
is called "principal"), plus interest to the order of the Leader. The Lender is CITIBANK, N.A., which
has a home address of3900 Paradise Road, Suite 127, Las Vegas, Nevada 89109. You understand that the Lender may transfer
this Note. The Lender or anyone who takes this Note by transfer and who is entitled to reecive payments under this Note is
Holder."
called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. You will pay imenst at the yearly
rate of1,1,d!9%- The interest rate required by this Section 2 of this Note is the rate you will pay both before and aAer any
default described in Section 6(D) ofihis Note.
3. PAYMENTS
(A) TIME AND PL.ACE OF PAYMENTS
You will pay any principal and imerest under this Note by making payments every month. You will make your monthly
payments on the11111day of each month beginning on 11/12/2007.
You will make these payments every month until you have paid all of the principals interest and any other charg.es described
below that you may owe under this Note. Your momhly payments will be applied to interest before principal. If on
10/12/2037, you still owe amounts under this Note, you will pay those amooms in full on that date, which is called the
date."
"mainrity You will make your monthly payments at the address listed on your momhly staternent or at a dilTerem
place if required by the N te Holder.
(B) AMOIJNT OF MONTHLY PAYMENTS
Your monthly payment will be in the amount of S1 J14.35. Your final payment
Preview
FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF RICHMOND TOWD POINT MORTGAGE TRUST 2021-SJ1, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, Plaintiff designates RICHMOND as the place Plaintift of trial situs of the real property vs. SUMMONS KENNETH DUNN A/K/A KENNET‰ J. DUNN; THERESA DUNN A/K/A THERESA A. DUNN; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT AD JUDICATION BUREAU, #1" #12," "JOHN DOE through "JOHN DOE the Subject Property: last twelve names being fictitious and unknown to 692 LEVERETT AVENUE plaintiff, the persons or gies intended being the STATEN ISLAND, NY 10312 tenants, occupants, persons or co1porations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. To the above natned Defendants YOU ARE HEREBY SUMMONED to answer the- complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days aDer service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaiIt. Ell|lMIIMlIIIIlilmlIIIEllI EllIIIlllNIIHllIllIElllIIIIIIHM IIIllllMIIlllIllEIElillI .23-166692 - NiA Drafter:Nicole Allen 1 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a defanIt judgment may be entered and you can lose your homes Speak to an attorney or go to the court wherz your case is pending for further information on how to answer the summons and protect your property. Sending a payrnent to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE AN$WER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Please take further notice that any right you may have pmsuant to the Fair Debt Collection Practices Act to dispute the validity or amount of the debt does not change the time within which you must answer this summons and complaint. You must fonow the instructions contained in the summons even if you dispute the validity or amount of the debt. Dated: April 15, 2024 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attomey for Plaintiff BY: [ ] SA RISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ] SCOTT R. WEISS, ESQ. [X] KELLY R. FABER, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 23-166692 - NiA Drafter:Nicole Allen 2 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at (enter number) or visit the Department's website at (enter web address). Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Page 1 of 2 3 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 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. Page 2 of 2 4 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND INDEX NO. TOWD PO1NT MORTGAGE TRUST 2021-811, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, COMPLAINT Plaintiff, vs. Subject Property; 692 LEVERETT AVENUE STATEN ISLAND, NY 10312 KENNETH DUNN A/K/A KENNETH J. DUNN; THERESA DUNN A/K/A THERESA A. DUNN; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT ADJUDICATION BUREAU, #1" #12,." "JOHN DOE through "JOHN DOE 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 premises, described in the complaint, Defendants. The complaint of the above-named plaintiff, by Robertson, Anschutz, Schneid, Crane & Partners, PLLC, its attorneys, alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION L Plaintiff is organized under the laws of the United States of America or its state of formation 2. On October 12, 2007, KENNETH DUNN A/K/A KENNETH J. DUNN AND THERESA DUNN A/K/A THERESA A. DUNN duly executed and delivered a note whereby KENNETH DUNN A/K/A KENNETH J. DUNN AND THERESA DUNN A/K/A THERESA A. DUNN promised to pay the sum of $178,600.00 plus interest as set forth in said note. A copy of said note is annexed hereto. 3. Plaintiff, directly or thmugh an agent has complied with all applicable laws in an attempt to establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff has possession and control of the original note and mortgage, which note is secured by the EllIIEllMlIIIllElilIIIEllI E11111111NI1111111111E11111111111IIII IIIIllllIIIlllIllEIIIIIIII .23-166692 - NiA Drafter:Nicole Allen 5 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent that the original note pr interim assigmnents of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 4. That to secure the payment of the.surn represented by said note, KENNETH DUNN A/K/A KENNETH J. DUNN AND THERESA DUNN A/K/A THERESA A. DUNN, duly executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid: Recording Date: November 20, 2007 County: RICHMOND Land Doc Number 228693 Said mortgage was assigned to Plaintiff by assignment ofmortgage duly executed on a date prior to the filing of the complaint. A copy of said mortgage is annexed herefo. 5. Said mortgage secured the real property known as 692 LEVERETT AVENUE, STATEN ISLAND, NEW YORK 1031.2 and by Block 5608, Lot35 together with all fixtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged prernises. all as is more fully set forth in said mortgage, A copy of the legal description is set forth on Schedule A annexed. 6. Said loan was modified. As evidence of the modification, a Loan Modification Agreement was executed on or about July 22, 2011. 7. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 8. Plaintiff has complied with all conditions precedent contained in the mortgage, if any. 9. To the extent applicable, Plaintiff has complied with RPAPL 1304 and RPAPL 1306. 10. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law section 595-a and any rules and regulations promulgated thereunder, Banking Law sections 6-1 and 6-m. 11, That Defendants failed to comply with the. conditiorts of the note and mortgage by failing to make the payment that became due on May 1, 2023 and each subsequent payment thereafter. 12. That by reason of such defaults, Plaintiff he.reby declares the balance of the principal indebtedness immediately due and payable. .23-166692 - NiA Drafter:Nicole Allen 6 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 13. That there is now due and owing to the plaintiff, the principal smu of $145,558.23 with interest thercon from April 1, 2023 plus accumulated late charges together with any sutns advanced by the plaintiff on behalf of defendant. 14. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults urider the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid. 15. That to protect its security afforded by said note and mortgage, it may be necessary for the plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secuted by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein. 16. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 17. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed. "B" 18 The description of each of the named party defendants interest is set out on Schedule annexed. "C" 19. The interest or lien of each of the named party defendants, if any, is set forth in Schedule annexed. 20. The terms of said mortgage provide that defendauts shall be liabic to plaintiff for reasonable attorneys' fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises. 21. That the sale of the mortgaged premises and title thereto are subject to the state of facts.an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of .23-166692 - NiA Drafter:Nicole Allen 7 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportiomnent of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the saine; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record including the Consolidation, Extension and Modification Agreement recorded in the Office of the Clerk of the County of Richmond on April 14, 2016 recorded in Land Doc Number 600733, which mortgage is senior to the mortgage being foreclosed; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but riot limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. AS AND FOR A SECOND CAUSE OF ACTION 22. PlaintifTrepeats and reÄtileges each and every allegation contained in paragraph 1 through 21 as though fully set forth herein. 23. By mutual mistake of the mortgagee and mortgagor the subject mortgage to be foreclosed, recorded in the RICHM.OND County Clerk's Office on November 20, 2007 in Official Records Land Doc Number 228693, was recorded with a partially incorrect legal description, whereas the correct legal description is set forth in the legal description attached hereto as "Schedule A", A" 24. The legal description attached hereto at "Schedule contains the correct legal description for the subject property 692 LEVERETT AVENUE, STATEN ISLAND, NY 10312 aud known as.Block 5608, Lot 35. 25. The description contained in the said mortgage being foreclosed should be-reformed to match the A" legal description recited in "Schedule annexed. Plaintiff demands judgment directing the Clerk 23-166692 - NiA Drafter:Nicole Allen 8 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 of RICHMOND County to refone its records to reflect that the mortgage contain the legal description annexed hereto as "Schedule A", THE REMAINDER OF TMS PAGE IS INTENTIONALLY LEFT BLANK .23-166692 - NiA Drafter:Nicole Allen 9 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 WHEREFORE, plaintiff demands judgment against the defendants as follows: On its First Cause of Action: A. The defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of factsan accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and. to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set fortb in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in orie parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plm any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the attorneys" costs and expenses of this action including reasonable fees so far as the amount of such monies properly applicable thereto will pay the same; .23-166692 - NiA Drafter:Nicole Allen 10 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 F. The plaintiff be decreed to be the owner of any and all personal pmperty used in connection with the said mortgaged premises, except if discharged in bankruptcy; G. The obligors may be adjudged to pay any deficiency which rnay rernain after applying all of said monies so spplicable thereto unless the obligors were discharged in bankruptcy; H. awarding the relief requested in the additional causes of action stated in the complaint, if any; On its Second Cause of Action: plaintiff demands judgment reforming the mortgage being foreclosed to include the correct legal description and directing the Clerk of RICHMOND County to reform its records to reflect that the rnortgage contain the correct legal description annexed hereto as "Schedule A"; and that plaintiff shall have such other and further relief or both, in the premises as shall be just and equitable. Dated: April 15, 2024 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorney for Plaintiff BY: [ ] SA RISKIN, ESO [ ] ANTHONY CELLUCCI, ESQ. [ ] SCOTT R. WEISS, ESQ. [X] KELLY R. FABER, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 23-166692 - NiA Drafter:Nicole ANen 11 of 33 FILED: RICHMOND COUNTY CLERK 05/08/2024 11:32 AM INDEX NO. 135214/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 cífibank® FIXED RATE HOME EQUITY LOAN NOTE Dme: 10/12/2007 Barrower(s): kENNY J.. DUNN THERESA A. DUNN Property Address:. 692 LEVERETT AVE STATEN ISLAND, NY 10312 (the Property") 1.. BONKOWER's PIt0Mt5E TO REFAV In return for a Fixed Rate Home Equity Loan (your toan") you have received on the date hereof. you promise to pay 5178.60s.00 (this amount is called "principal"), plus interest to the order of the Leader. The Lender is CITIBANK, N.A., which has a home address of3900 Paradise Road, Suite 127, Las Vegas, Nevada 89109. You understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to reecive payments under this Note is Holder." called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. You will pay imenst at the yearly rate of1,1,d!9%- The interest rate required by this Section 2 of this Note is the rate you will pay both before and aAer any default described in Section 6(D) ofihis Note. 3. PAYMENTS (A) TIME AND PL.ACE OF PAYMENTS You will pay any principal and imerest under this Note by making payments every month. You will make your monthly payments on the11111day of each month beginning on 11/12/2007. You will make these payments every month until you have paid all of the principals interest and any other charg.es described below that you may owe under this Note. Your momhly payments will be applied to interest before principal. If on 10/12/2037, you still owe amounts under this Note, you will pay those amooms in full on that date, which is called the date." "mainrity You will make your monthly payments at the address listed on your momhly staternent or at a dilTerem place if required by the N te Holder. (B) AMOIJNT OF MONTHLY PAYMENTS Your monthly payment will be in the amount of S1 J14.35. Your final payment