Preview
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ween eee ee eee eee ee ee ee ee INDEX NO.:
CITIBANK, N.A. AS OWNER TRUSTEE FOR NEW DATE FILED:
RESIDENTIAL MORTGAGE LOAN TRUST 2015-2. >
SUMMONS
Plaintiff,
Plaintiff designates
-against- NASSAU County as
the Place of Trial
MATTHEW BERMAN A/K/A MATTHEW L. BERMAN, AS CO-
TRUSTEE OF THE LYNDA BERMAN FAMILY TRUST, HEIR TO Designation of
THE ESTATE OF LYNDA BERMAN, AND HEIR AT LAW AND Venue is based upon
NEXT OF KIN OF BARRY J. BERMAN, DAVID BERMAN, AS CO- the situs of the
TRUSTEE OF THE LYNDA BERMAN FAMILY TRUST, HEIR TO Subject Property
THE ESTATE OF LYNDA BERMAN, AND HEIR AT LAW AND
NEXT OF KIN OF BARRY J. BERMAN, MORTGAGE ELECTRONIC Subject Property:
REGISTRATION SYSTEMS, INC., AS MORTGAGEE, CROWN 46 Deepdale Drive
ASSET MANAGEMENT LLC, UNITED STATES OF AMERICA Great Neck, NY
INTERNAL REVENUE SERVICE, NEW YORK STATE 11021
DEPARTMENT OF TAXATION AND FINANCE, and "JOHN DOE"
and "JANE DOE," the last two names being fictitious, said parties
intended being tenants or occupants, if any, having or claiming an interest
in, or lien upon the premises described in the complaint,
Defendant(s).
ween eee eee eee eee ee ee ee
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
acopy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
Summons is not personally delivered to you within the State of New York) in the event the
United States of America is made a party defendant, the time to answer for the said United States
of America shall not expire until sixty (60) days after service of the Summons; and in case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the Complaint.
1 of 98
D: NA AU OUN RK O6 O6
AM INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the
answer on the attorney for the mortgage company who filed this foreclosure proceeding
against you and filing the answer with the court, a default judgment may be entered and
you can lose your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to the mortgage company will not stop the foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Dated: 23rd day of May, 2024
Melville, New York
ALDRIDGE PITE, LLP
_hbs ga Cac?
__
By: Alyson Bisacco, Esq.
Attorneys for Plaintiff
Six Piedmont Center
3525 Piedmont Road, N.E.
Suite 700
Atlanta, GA 30305
631-454-8059
2 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ween eee ee eee eee ee ee ee ee
CITIBANK, N.A. AS OWNER TRUSTEE FOR NEW INDEX NO.:
RESIDENTIAL MORTGAGE LOAN TRUST 2015-2. > DATE FILED:
Plaintiff,
COMPLAINT
-against-
MATTHEW BERMAN A/K/A MATTHEW L. BERMAN, AS
CO-TRUSTEE OF THE LYNDA BERMAN FAMILY TRUST,
HEIR TO THE ESTATE OF LYNDA BERMAN, AND HEIR AT
LAW AND NEXT OF KIN OF BARRY J. BERMAN, DAVID
BERMAN, AS CO-TRUSTEE OF THE LYNDA BERMAN
FAMILY TRUST, HEIR TO THE ESTATE OF LYNDA
BERMAN, AND HEIR AT LAW AND NEXT OF KIN OF
BARRY J. BERMAN, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., AS MORTGAGEE,
CROWN ASSET MANAGEMENT LLC, UNITED STATES OF
AMERICA INTERNAL REVENUE SERVICE, NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE, and
"JOHN DOE" and "JANE DOE," the last two names being
fictitious, said parties intended being tenants or occupants, if
any, having or claiming an interest in, or lien upon the premises
described in the complaint,
Defendant(s).
ween eee ee eee eee ee ee ee ee
The Complaint of the above-referenced Plaintiff, by its attorneys, Aldridge Pite, LLP,
complains and alleges upon information and belief as follows:
NATURE OF THIS ACTION
1 This action is brought and pursuant to Article 13 of the Real Property and
Proceedings Law for foreclosure of the consolidated mortgage dated April 15, 2004 and recorded
on May 17, 2004, at Book M 26768, at Page 848, in the Public Records of the County of
NASSAU, State of New York (hereinafter referred to as the “Subject Mortgage”). The
Consolidated Mortgage Tax was duly paid.
3 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024
2 The premises (hereinafter referred to as “Subject Property”) which forms the
subject of this action is fully described in Schedule “A” attached hereto.
PARTIES
3 At all times hereinafter mentioned, Plaintiff was and remains, organized and
existing under the laws of the United States of America or of the State of its formation.
4 Upon information and belief, LYNDA BERMAN, at all relevant times, maintained
a residence within the State of New York and was the mortgagor pursuant to the Subject
Mortgage. The description and interest of the above-referenced Defendant(s) is more fully set
forth in Schedules “B” and “C,” respectively. See RPAPL § 1311, 1312, and 1313.
5 Upon information and belief, the remaining Defendant(s), if any and not further
set forth herein below, as identified in Schedule “B,” are named solely for the reasons set forth in
Schedule “C.” See RPAPL §§ 1311, 1312, and 1313.
6. Upon information and belief, LYNDA BERMAN died on May 7, 2015. On
September 14, 2015, the Surrogate’s Court of the County of NASSAU issued Letters
Testamentary and Letters of Trusteeship, in File No. 2015-385282. Said Letters Testamentary
appointed BARRY J. BERMAN as the Executor of the Estate of LYNDA BERMAN. Said
Letters of Trusteeship were issued to BARRY J. BERMAN, MATTHEW BERMAN, and
DAVID BERMAN FBO BARRY J. BERMAN under the LYNDA BERMAN FAMILY TRUST.
As a result, LYNDA BERMAN is no longer a necessary party.
7
Thereafter, upon information and belief, BARRY J. BERMAN died on September
5, 2023. Therefore, BARRY J. BERMAN is no longer a necessary party.
8 MATTHEW BERMAN A/K/A MATTHEW L. BERMAN and DAVID BERMAN
are each additionally named herein as a Defendant in each’s capacity as an Heir to the Estate of
4 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
LYNDA BERMAN, and as an Heir at law and next of kin of BARRY J. BERMAN.
9 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and
UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, are named as defendants
herein by reason of any possible unpaid Estate taxes.
10. In the event that the Federal Estate Tax has not been paid in full within ten years
of LYNDA BERMAN’S death, the UNITED STATES OF AMERICA INTERNAL REVENUE
SERVICE is deemed holder of an automatic lien imposed by United States Internal Revenue
Code § 6324. Accordingly, the UNITED STATES OF AMERICA INTERNAL REVENUE
SERVICE is named herein as a Defendant due to the lien it may hold.
11. Defendants “JOHN DOE” and “JANE DOE” are additional persons or parties
intended being the tenants, occupants, persons or corporations, if any, having or claiming an
interest in or lien upon the Subject Property. See RPAPL §§ 1311, 1312, and 1313.
RELEVANT FACTS
12. On or about April 15, 2004, LYNDA BERMAN, duly executed, acknowledged,
and delivered a consolidated note (hereinafter referred to as the “Subject Note”) wherein and
whereby LYNDA BERMAN promised to repay the sum of $371,000.00 in monthly payments
interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard
and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is a copy
of the Subject Note.
13. Plaintiff, directly or through an agent maintains physical and/or constructive
possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject
Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff
and/or such party having delegated authority to Plaintiff, prior to the commencement of the
5 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
instant action.
14. On or about April 15, 2004, as collateral and to secure the repayment of the sum
represented by the Subject Note, LYNDA BERMAN, duly executed, acknowledged and
delivered the Subject Mortgage.
15. The Subject Mortgage secures the real property commonly known as 46
DEEPDALE DRIVE, GREAT NECK, NY 11021 and by Section 0002, Block 00018-00, and Lot
00145, together with all fixtures, appurtenances, and articles of personal property annexed
thereto, installed therein, or used in connection with the in addition to all right, title, and interest
of the Defendants in and to the land lying in the streets and roads in front of adjoining said
Subject Property. Annexed hereto as Schedule “A” is a copy of the legal description.
16. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of
Mortgage, thereby memorializing delivery of the Subject Note as referenced herein above.
17. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or
having been delegated the requisite authority to commence a mortgage foreclosure action by the
owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges
upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
18. That Plaintiff repeats and realleges each and every allegation contained in
paragraphs “1” through paragraphs “17” above with the same force and effect as if set forth at
length herein.
19. That the Estate of LYNDA BERMAN defaulted on their obligation having failed
to comply with the conditions of the Subject Note by withholding the payment amount that
became due on March 1, 2023, and plaintiff is entitled to enforce its security interest against the
6 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
Estate of LYNDA BERMAN pursuant to the terms of the Subject Mortgage. As of this 23rd day
of May, 2024, said default has not been cured. There is now the amount of $82,652.60, plus
interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard
and mortgage insurance, if applicable, due and owing to Plaintiff.
20. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to
the extent required by the underlying loan documents, however, Defendant(s) continued default
remains uncured.
21. That Plaintiff has complied with those provisions of Real Property and
Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require.
22. That by reason of the aforementioned default(s), Plaintiff hereby declares the
balance of the principal indebtedness to be immediately due and owing.
23. That based upon the foregoing, there is now due and owing from the Borrower to
the Plaintiff, the principal sum of $82,652.60 plus interest thereon from February 1, 2023, in
addition to those accumulated late charges and those recoverable monies advanced by Plaintiff
and/or Plaintiff’s predecessor-in-interest together with all costs, including but not limited to,
attorneys’ fees, disbursements, and further allowances provided pursuant to the underlying loan
documents and applicable law in bringing any action to protect the Mortgagee’s interest in the
Subject Property.
24. That Plaintiff shall not be deemed to have waived, altered, released or changed the
election herein before 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
under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are
7 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
fully paid.
25. That to protect its security afforded by the Subject 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 Subject Property, and any other charges for the protection of the
Subject Property, and Plaintiff hereby demands that any amounts which may be so expended
shall be added to the amount of the principal sum secured 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.
26. That Plaintiff further alleges that all Defendant(s), including those not specifically
identified as executors of the underlying loan documents, have or may claim to have, some
interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any,
is subject and subordinate to the lien of the mortgage being foreclosed herein.
27. That the sale of the Subject Property 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 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 here
under; 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 §§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the
8 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024
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 forth in the terms of sale more particularly to be announced at the sale.
28. That Plaintiff
has complied with all provisions of Banking Law § 595(a) and any
tules and regulations promulgated there under together with Banking Law §§ 6-1 and 6-m.
29. That Plaintiff further alleges that no other proceedings have resulted in the
collection of any part of the mortgaged debt 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.
30. The Plaintiff
has complied with New York State Banking Law § 9-X, if
applicable, in all respects including, but not limited to, making an application for forbearance
readily available to qualified mortgagors.
AS AND FOR A SECOND CAUSE OF ACTION
31. Plaintiff repeats and reiterates each and every allegation of the Complaint in
paragraphs “1” through “30” with the same force and effect as if set forth herein.
32. That this action is brought in part pursuant to Article 15 of the Real Property
Actions and Proceedings Law.
33. That no personal claim is being made against the defendants herein under the
Second Cause of Action unless said defendants shall assert a claim adverse the claim of the
Plaintiffas set forth in the Complaint herein.
34. That the Subject Mortgage dated April 15, 2004 and recorded in the County of
NASSAU on May 17, 2004 in Book: M 26768, at Page: 848 has been duly recorded against the
premises known as 46 DEEPDALE DRIVE, GREAT NECK, NY 11021 bearing tax map
designation Section: 0002, Block: 00018-00, and Lot: 00145 and more fully described in
9 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
Schedule “A.”
35. The aforesaid instrument was ultimately assigned to CITIBANK, N.A. AS
OWNER TRUSTEE FOR NEW RESIDENTIAL MORTGAGE LOAN TRUST 2015-2, ITS
SUCCESSORS AND ASSIGNS by an assignment of mortgage recorded in Book: M 47425, at
Page: 477.
36. That the Deed dated August 27, 1975 and recorded in the County of NASSAU on
September 5, 1975 in Book: 8841, at Page: 378 has been duly recorded to transfer interest in the
aforementioned property from RUTH MARCUS to LYNDA BERMAN.
37. That through mutual mistake of the parties to the transaction, the Schedule “A”
containing the property description recorded with the Subject Mortgage differs from the
Schedule “A” containing the property description recorded with the Deed; in that, the property
description recorded with the Subject Mortgage contains slight variations in language when
compared to the property description recorded with the Deed and the property description
recorded with the Subject Mortgage is missing the last paragraph when compared to the property
description recorded with the Deed.
38. That the parties to the Subject Mortgage intended the abovementioned Subject
Mortgage to encumber and refer to the subject premises as described in the Deed.
39. That the legal descriptions on both the Subject Mortgage and the Deed describe
the same property.
40. That by virtue of the fact that the aforesaid Subject Mortgage is indexed against
the premises, Plaintiff has an interest in the premises.
Al. That the Plaintiff will make a request in the Order of Reference that this Court
issue an Order deeming the aforementioned Subject Mortgage and Deed as describing the same
10 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
property.
42. That the requested relief will not prejudice the defendant(s).
43 That this Court has jurisdiction to grant such relief and the Plaintiff
has no
adequate remedy at law.
WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of
Plaintiff
and as against Defendants as follows:
I 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 Subject Property;
b) Said Subject Property be sold subject to the state of facts an 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 here under; 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 § 317, CPLR § 2003 and CPLR § 5015, if any; any and
11 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024
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 forth in the
terms of sale more particularly to be announced at the sale.
c) Said Subject Property may be decreed to be sold in one 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, plus 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 costs
and expenses of this action including reasonable attorneys’ fees so far as the amount
of such monies properly applicable thereto will pay the same;
The plaintiff be decreed to be the owner of any and all personal property used in
connection with the said Subject Property;
g) The obligors may be adjudged to pay any deficiency which may remain after
applying all of said monies so applicable thereto unless the obligors were discharged
in bankruptcy;
h) Awarding the relief requested in the additional causes of action stated in the
12 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF Doc . NO. 1 RECEIVED NYSCEF: 06/06/2024
complaint, if any;
II. On its Second Cause of Action:
i) That the property described in the Subject Mortgage is the same property as described
in the Deed, and that the Subject Mortgage encumbers the same property as described
in the Deed from the date ofrecording;
Dd Plaintiff shall have such other and further reliefor both, in the Subject Property as
shall be just and equitable.
Dated: 23rd day of May, 2024
Melville, New York
ALDRIDGE PITE, LLP
= fe Ge Lr 0A)
By: Alyson Bisacco, Esq.
Attorneys for Plaintiff
Six Piedmont Center
3525 Piedmont Road, N.E.
Suite 700
Atlanta, GA 30305
631-454-8059
13 of 98
D NA AU OUN PK O6 O6
AW INDEX NO. 609851/2024
NYSCEF DOC. No. 4 RECEIVED NYSCEF 06/06/2024
ALL that certain plot, piece or parcel of land, with the Luildings and improvements thereon erected, situate,
lying and being in the Incorporated
Village of Great Neck, Town of North Hempstead,
County of Nassau ai State of New York, known and designated as lot 245 and part
of 245A on a certain mip known as "Amended Map of Soundview Estates, being part of
Great Heck Estates Sec. ‘A’ owned and developed by Itmann Realty Corp., S. B.
Bowne Engrn. Nov. 1927 and filed in the Office of the Clerk of the County of
Naseau on Dec. 22, 1927 as Map #642, Case #757," ard which said lot, and part of
lot, e Viean taken ‘together, ‘are sore\perticularly: bounded andSdescriben, ‘6s
fo’ s
BEGINING at a point on the southerly side of Deepdale Drive, distant 322.02
feet northwesterly from the extreme westerly end of the arc of a curve which
curve connects the southerly side of Deepdale Drive with the westerly side of
Myrtle Drive (said BEGINNING point being a point in the southerly line of Deep-
dale Drive in the division line between lots two hundred and forty-five (245) and
two humdred and forty-four (244) as shown on the aforesaid “Amended Map of
Souttiview Estates...Case #757");
RUMBIING THENCE south nine (9) degrees forty-three (43) minutes, fifty (50)
secomis, west one Iumdred sixty and twenty-nine one-tumdredths (160.29) feet;
EME, south eighty-two (82) degrees eighteen (18) minutes thirty (30) seconds
west ninety (90) feet;
‘THRE, worth four (4) degrees, thirty-four (34) minutes, east two hundred treity-
tout anf eighteen one-tundtedths
(224.18) feet to the southerly Line of Deepdale
Drive; ‘
=, sapien: cimimamwase eisiaen. along the
arc of a olrcle whose radios is one hundred and seven one hundredths (100.07)
fiat aod whith atc 1s subtebied by a chott bearing sctith, sixty-one (62) degrées
(20) minates, fifty (50) seconds east and which said chord is teenty-
thewe (23) feet in length;
ORRTT PETA
THEE, still along the southerly line of Deepdale Drive as it curves along the
arc of a circle whose radius is three hundred seventy-five and ninety-three one-
tumdredthe (375.93) feet and whose arc is subtended by a chord bearing south
eighty
east ds
sixty-one (61) degrees, thirty-two (32) minutes, fort; (40) secon
nine (89) feet in length, until the point of place O° BEGINNING (the aforesaid
Peehises belng the same premises described in deed xmnimeladt Gated May 28, 1954
recorded in Liber 5572 of Comveyarces, page 361).
SUBJECT
TO easement agr~ ats recorded in Liber 1085 of Conveyances, page 452,
and in Liber 1209 of O--.vyances, page 365, in the office of the Clerk of the
of Nassau.
County The party of the first part is the surviving tenant hy the ar
tirety of the persons described as grantees in deed datec May 28, 1954 and
recorded in Liber 5572 of Conveyances, page 361 in the office of the Clerk of
the County of Nassau on June 30, 1954.
14 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024
SCHEDULE B
Subject Mortgage:
1. Mortgage from Lynda Berman to Goldpoint Mortgage Bankers, INC. dated April 23, 1997,
recorded June 18, 1997, in (book) M 17988 (page) 252, in the amount of $400,000.00, Nassau
County, New York.
2. Assigned to Bankers Trust Company as Trustee, Assigned by Goldpoint Mortgage Bankers,
INC., Dated April 23, 1997, Recorded on February 9, 1998, in (book) M 18392 (page) 0181,
assigning the mortgage originally recorded in (book) 17988 (page) 252, Nassau County, New
York.
3. Assigned to MERS, INC. as nominee for Homecomings Financial Network, INC., Assigned
by Bankers Trust Company as Trustee, Dated March 27, 2002, Recorded on June 21, 2002, in
(book) M 22546 (page) 630, assigning the mortgage originally recorded in (book) 17988 (page)
0252, Nassau County, New York.
4. Gap Mortgage from Lynda Berman to MERS, Inc. as nominee for Homecomings Financial
Network, INC. dated May 13, 2002, recorded June 21, 2002, in (book) M 22546 (page) 632, in
the amount of $12,356.67, Nassau County, New York.
5. Consolidation, Extension and Modification Agreement from Lynda Berman to MERS, Inc. as
nominee for Homecomings Financial Network, INC. dated May 13, 2002, recorded June 21,
2002, in (book) M 22546 (page) 652, in the amount of $387,000.00, Nassau County, New York.
6. Consolidation, Extension and Modification Agreement from Lynda Berman to MERS, Inc. as
nominee for Homecomings Financial Network, INC. dated April 15, 2004, recorded May 17,
2004, in (book) M 26768 (page) 848, in the amount of $371,000.00, Nassau County, New York.
7. Assigned to Citibank, N.A. As Owner Trustee For New Residential Mortgage Loan Trust
2015-2, Its Successors and Assigns, Assigned by Mortgage Electronic Registration Systems, Inc
(“MERS”), As Mortgagee, As Nominee for Homecomings Financial Network Inc., Its
Successors and Assigns, Dated January 24, 2024, Recorded on February 5, 2024, in (book) M
47425 (page) 477, assigning the mortgage originally recorded in (book) M 26768 (page) 848,
Nassau County, New York.
SCHEDULE C
Other Mortgage(s):
1. Mortgage from Lynda Berman to Fleet National Bank, Principally Located in Rhode Island
dated February 8, 2003, recorded December 23, 2003, in (book) M 25649 (page) 8, in the
amount of $300,000.00, Nassau County, New York.
2. That Subordination Agreement recorded on 05/17/2004 with BOOK/PAGE M 26768/823,
Nassau County, New York.
3. Assigned to Mortgage Electronic Registration Systems, Inc., Assigned by Bank of America,
N.A. SBM Fleet National Bank by Select Portfolio Servicing, INC., as Attorney-in-fact, Dated
January 29, 2021, Recorded on April 19, 2021, in (book) M 45292 (page) 483, assigning the
mortgage originally recorded in (book) M 25649 (page) 8, Nassau County, New York.
4. Assigned to Mortgage Electronic Registration Systems, Inc., Assigned by Bank of America,
15 of 98
D: NA AU OUN RK O6 O6
AN INDEX NO. 609851/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024
N.A. SBM Fleet National Bank by Select Portfolio Servicing, INC., as Attorney-in-fact, Dated
January 22, 2021, Recorded on April 19, 2021, in (book) M 45292 (page) 465, assigning the
mortgage originally recorded in (book) M 25649 (page) 8, Nassau County, New York.
5. Assigned to Mortgage Electronic Registration Systems, Inc., Assigned by Bank of America,
N.A. SBM Fleet National Bank by Select Portfolio Servicing, INC., as Attorney-in-fact, Dated
January 29, 2021, Recorded on April 19, 2021, in (book) M 45291 (page) 595, assigning the
mortgage originally recorded in (book) M 25649 (page) 8, Nassau County, New York.
Liens/Judgments and Other Encumbrances:
1. Summons and Verified Complaint in favor of Crown Asset Management, LLC against
Matthew L. Berman, dated August 2, 2018, recorded August 16, 2018, in (instrument) NA, in the
amount of $24,925.84 plus costs and interest, if any, being Case No. 611072/2018, Nassau
County, New York.
16 of 98
D NA AU OUN AM INDEX NO. 609851/2024
NYSCEF BoC. NO. 1 RECEIVED NYSCEF: 06/06/2024
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 foreclos
ure. In
addition to seeking assistance from an attorney or legal aid office, there are govern
ment
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 toll free helpline at 1-800-269-0990
or visit
the Department’s website at www.dfs.ny.gov.
RIGHTS AND OBLIGATIONS
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU HAVE
THE RIGHT TO STAY IN YOUR HOME DURING THE FORECLOSURE PROCESS.
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME UNLESS AND UNTIL YOUR
PROPERTY IS SOLD AT AUCTION PURSUANT TO A JUDGMENT OF
FORECLOSURE AND SALE. R
Preview
D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ween eee ee eee eee ee ee ee ee INDEX NO.: CITIBANK, N.A. AS OWNER TRUSTEE FOR NEW DATE FILED: RESIDENTIAL MORTGAGE LOAN TRUST 2015-2. > SUMMONS Plaintiff, Plaintiff designates -against- NASSAU County as the Place of Trial MATTHEW BERMAN A/K/A MATTHEW L. BERMAN, AS CO- TRUSTEE OF THE LYNDA BERMAN FAMILY TRUST, HEIR TO Designation of THE ESTATE OF LYNDA BERMAN, AND HEIR AT LAW AND Venue is based upon NEXT OF KIN OF BARRY J. BERMAN, DAVID BERMAN, AS CO- the situs of the TRUSTEE OF THE LYNDA BERMAN FAMILY TRUST, HEIR TO Subject Property THE ESTATE OF LYNDA BERMAN, AND HEIR AT LAW AND NEXT OF KIN OF BARRY J. BERMAN, MORTGAGE ELECTRONIC Subject Property: REGISTRATION SYSTEMS, INC., AS MORTGAGEE, CROWN 46 Deepdale Drive ASSET MANAGEMENT LLC, UNITED STATES OF AMERICA Great Neck, NY INTERNAL REVENUE SERVICE, NEW YORK STATE 11021 DEPARTMENT OF TAXATION AND FINANCE, and "JOHN DOE" and "JANE DOE," the last two names being fictitious, said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). ween eee eee eee eee ee ee ee TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve acopy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 98 D: NA AU OUN RK O6 O6 AM INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: 23rd day of May, 2024 Melville, New York ALDRIDGE PITE, LLP _hbs ga Cac? __ By: Alyson Bisacco, Esq. Attorneys for Plaintiff Six Piedmont Center 3525 Piedmont Road, N.E. Suite 700 Atlanta, GA 30305 631-454-8059 2 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ween eee ee eee eee ee ee ee ee CITIBANK, N.A. AS OWNER TRUSTEE FOR NEW INDEX NO.: RESIDENTIAL MORTGAGE LOAN TRUST 2015-2. > DATE FILED: Plaintiff, COMPLAINT -against- MATTHEW BERMAN A/K/A MATTHEW L. BERMAN, AS CO-TRUSTEE OF THE LYNDA BERMAN FAMILY TRUST, HEIR TO THE ESTATE OF LYNDA BERMAN, AND HEIR AT LAW AND NEXT OF KIN OF BARRY J. BERMAN, DAVID BERMAN, AS CO-TRUSTEE OF THE LYNDA BERMAN FAMILY TRUST, HEIR TO THE ESTATE OF LYNDA BERMAN, AND HEIR AT LAW AND NEXT OF KIN OF BARRY J. BERMAN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, CROWN ASSET MANAGEMENT LLC, UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and "JOHN DOE" and "JANE DOE," the last two names being fictitious, said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). ween eee ee eee eee ee ee ee ee The Complaint of the above-referenced Plaintiff, by its attorneys, Aldridge Pite, LLP, complains and alleges upon information and belief as follows: NATURE OF THIS ACTION 1 This action is brought and pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the consolidated mortgage dated April 15, 2004 and recorded on May 17, 2004, at Book M 26768, at Page 848, in the Public Records of the County of NASSAU, State of New York (hereinafter referred to as the “Subject Mortgage”). The Consolidated Mortgage Tax was duly paid. 3 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024 2 The premises (hereinafter referred to as “Subject Property”) which forms the subject of this action is fully described in Schedule “A” attached hereto. PARTIES 3 At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4 Upon information and belief, LYNDA BERMAN, at all relevant times, maintained a residence within the State of New York and was the mortgagor pursuant to the Subject Mortgage. The description and interest of the above-referenced Defendant(s) is more fully set forth in Schedules “B” and “C,” respectively. See RPAPL § 1311, 1312, and 1313. 5 Upon information and belief, the remaining Defendant(s), if any and not further set forth herein below, as identified in Schedule “B,” are named solely for the reasons set forth in Schedule “C.” See RPAPL §§ 1311, 1312, and 1313. 6. Upon information and belief, LYNDA BERMAN died on May 7, 2015. On September 14, 2015, the Surrogate’s Court of the County of NASSAU issued Letters Testamentary and Letters of Trusteeship, in File No. 2015-385282. Said Letters Testamentary appointed BARRY J. BERMAN as the Executor of the Estate of LYNDA BERMAN. Said Letters of Trusteeship were issued to BARRY J. BERMAN, MATTHEW BERMAN, and DAVID BERMAN FBO BARRY J. BERMAN under the LYNDA BERMAN FAMILY TRUST. As a result, LYNDA BERMAN is no longer a necessary party. 7 Thereafter, upon information and belief, BARRY J. BERMAN died on September 5, 2023. Therefore, BARRY J. BERMAN is no longer a necessary party. 8 MATTHEW BERMAN A/K/A MATTHEW L. BERMAN and DAVID BERMAN are each additionally named herein as a Defendant in each’s capacity as an Heir to the Estate of 4 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 LYNDA BERMAN, and as an Heir at law and next of kin of BARRY J. BERMAN. 9 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, are named as defendants herein by reason of any possible unpaid Estate taxes. 10. In the event that the Federal Estate Tax has not been paid in full within ten years of LYNDA BERMAN’S death, the UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE is deemed holder of an automatic lien imposed by United States Internal Revenue Code § 6324. Accordingly, the UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE is named herein as a Defendant due to the lien it may hold. 11. Defendants “JOHN DOE” and “JANE DOE” are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§ 1311, 1312, and 1313. RELEVANT FACTS 12. On or about April 15, 2004, LYNDA BERMAN, duly executed, acknowledged, and delivered a consolidated note (hereinafter referred to as the “Subject Note”) wherein and whereby LYNDA BERMAN promised to repay the sum of $371,000.00 in monthly payments interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is a copy of the Subject Note. 13. Plaintiff, directly or through an agent maintains physical and/or constructive possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the 5 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 instant action. 14. On or about April 15, 2004, as collateral and to secure the repayment of the sum represented by the Subject Note, LYNDA BERMAN, duly executed, acknowledged and delivered the Subject Mortgage. 15. The Subject Mortgage secures the real property commonly known as 46 DEEPDALE DRIVE, GREAT NECK, NY 11021 and by Section 0002, Block 00018-00, and Lot 00145, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of adjoining said Subject Property. Annexed hereto as Schedule “A” is a copy of the legal description. 16. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of Mortgage, thereby memorializing delivery of the Subject Note as referenced herein above. 17. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commence a mortgage foreclosure action by the owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 18. That Plaintiff repeats and realleges each and every allegation contained in paragraphs “1” through paragraphs “17” above with the same force and effect as if set forth at length herein. 19. That the Estate of LYNDA BERMAN defaulted on their obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on March 1, 2023, and plaintiff is entitled to enforce its security interest against the 6 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 Estate of LYNDA BERMAN pursuant to the terms of the Subject Mortgage. As of this 23rd day of May, 2024, said default has not been cured. There is now the amount of $82,652.60, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff. 20. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to the extent required by the underlying loan documents, however, Defendant(s) continued default remains uncured. 21. That Plaintiff has complied with those provisions of Real Property and Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require. 22. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 23. That based upon the foregoing, there is now due and owing from the Borrower to the Plaintiff, the principal sum of $82,652.60 plus interest thereon from February 1, 2023, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff’s predecessor-in-interest together with all costs, including but not limited to, attorneys’ fees, disbursements, and further allowances provided pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee’s interest in the Subject Property. 24. That Plaintiff shall not be deemed to have waived, altered, released or changed the election herein before 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 under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are 7 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 fully paid. 25. That to protect its security afforded by the Subject 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 Subject Property, and any other charges for the protection of the Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured 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. 26. That Plaintiff further alleges that all Defendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 27. That the sale of the Subject Property 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 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 here under; 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 §§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the 8 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024 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 forth in the terms of sale more particularly to be announced at the sale. 28. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any tules and regulations promulgated there under together with Banking Law §§ 6-1 and 6-m. 29. That Plaintiff further alleges that no other proceedings have resulted in the collection of any part of the mortgaged debt 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. 30. The Plaintiff has complied with New York State Banking Law § 9-X, if applicable, in all respects including, but not limited to, making an application for forbearance readily available to qualified mortgagors. AS AND FOR A SECOND CAUSE OF ACTION 31. Plaintiff repeats and reiterates each and every allegation of the Complaint in paragraphs “1” through “30” with the same force and effect as if set forth herein. 32. That this action is brought in part pursuant to Article 15 of the Real Property Actions and Proceedings Law. 33. That no personal claim is being made against the defendants herein under the Second Cause of Action unless said defendants shall assert a claim adverse the claim of the Plaintiffas set forth in the Complaint herein. 34. That the Subject Mortgage dated April 15, 2004 and recorded in the County of NASSAU on May 17, 2004 in Book: M 26768, at Page: 848 has been duly recorded against the premises known as 46 DEEPDALE DRIVE, GREAT NECK, NY 11021 bearing tax map designation Section: 0002, Block: 00018-00, and Lot: 00145 and more fully described in 9 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 Schedule “A.” 35. The aforesaid instrument was ultimately assigned to CITIBANK, N.A. AS OWNER TRUSTEE FOR NEW RESIDENTIAL MORTGAGE LOAN TRUST 2015-2, ITS SUCCESSORS AND ASSIGNS by an assignment of mortgage recorded in Book: M 47425, at Page: 477. 36. That the Deed dated August 27, 1975 and recorded in the County of NASSAU on September 5, 1975 in Book: 8841, at Page: 378 has been duly recorded to transfer interest in the aforementioned property from RUTH MARCUS to LYNDA BERMAN. 37. That through mutual mistake of the parties to the transaction, the Schedule “A” containing the property description recorded with the Subject Mortgage differs from the Schedule “A” containing the property description recorded with the Deed; in that, the property description recorded with the Subject Mortgage contains slight variations in language when compared to the property description recorded with the Deed and the property description recorded with the Subject Mortgage is missing the last paragraph when compared to the property description recorded with the Deed. 38. That the parties to the Subject Mortgage intended the abovementioned Subject Mortgage to encumber and refer to the subject premises as described in the Deed. 39. That the legal descriptions on both the Subject Mortgage and the Deed describe the same property. 40. That by virtue of the fact that the aforesaid Subject Mortgage is indexed against the premises, Plaintiff has an interest in the premises. Al. That the Plaintiff will make a request in the Order of Reference that this Court issue an Order deeming the aforementioned Subject Mortgage and Deed as describing the same 10 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 property. 42. That the requested relief will not prejudice the defendant(s). 43 That this Court has jurisdiction to grant such relief and the Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff and as against Defendants as follows: I 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 Subject Property; b) Said Subject Property be sold subject to the state of facts an 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 here under; 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 § 317, CPLR § 2003 and CPLR § 5015, if any; any and 11 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024 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 forth in the terms of sale more particularly to be announced at the sale. c) Said Subject Property may be decreed to be sold in one 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, plus 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 costs and expenses of this action including reasonable attorneys’ fees so far as the amount of such monies properly applicable thereto will pay the same; The plaintiff be decreed to be the owner of any and all personal property used in connection with the said Subject Property; g) The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; h) Awarding the relief requested in the additional causes of action stated in the 12 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF Doc . NO. 1 RECEIVED NYSCEF: 06/06/2024 complaint, if any; II. On its Second Cause of Action: i) That the property described in the Subject Mortgage is the same property as described in the Deed, and that the Subject Mortgage encumbers the same property as described in the Deed from the date ofrecording; Dd Plaintiff shall have such other and further reliefor both, in the Subject Property as shall be just and equitable. Dated: 23rd day of May, 2024 Melville, New York ALDRIDGE PITE, LLP = fe Ge Lr 0A) By: Alyson Bisacco, Esq. Attorneys for Plaintiff Six Piedmont Center 3525 Piedmont Road, N.E. Suite 700 Atlanta, GA 30305 631-454-8059 13 of 98 D NA AU OUN PK O6 O6 AW INDEX NO. 609851/2024 NYSCEF DOC. No. 4 RECEIVED NYSCEF 06/06/2024 ALL that certain plot, piece or parcel of land, with the Luildings and improvements thereon erected, situate, lying and being in the Incorporated Village of Great Neck, Town of North Hempstead, County of Nassau ai State of New York, known and designated as lot 245 and part of 245A on a certain mip known as "Amended Map of Soundview Estates, being part of Great Heck Estates Sec. ‘A’ owned and developed by Itmann Realty Corp., S. B. Bowne Engrn. Nov. 1927 and filed in the Office of the Clerk of the County of Naseau on Dec. 22, 1927 as Map #642, Case #757," ard which said lot, and part of lot, e Viean taken ‘together, ‘are sore\perticularly: bounded andSdescriben, ‘6s fo’ s BEGINING at a point on the southerly side of Deepdale Drive, distant 322.02 feet northwesterly from the extreme westerly end of the arc of a curve which curve connects the southerly side of Deepdale Drive with the westerly side of Myrtle Drive (said BEGINNING point being a point in the southerly line of Deep- dale Drive in the division line between lots two hundred and forty-five (245) and two humdred and forty-four (244) as shown on the aforesaid “Amended Map of Souttiview Estates...Case #757"); RUMBIING THENCE south nine (9) degrees forty-three (43) minutes, fifty (50) secomis, west one Iumdred sixty and twenty-nine one-tumdredths (160.29) feet; EME, south eighty-two (82) degrees eighteen (18) minutes thirty (30) seconds west ninety (90) feet; ‘THRE, worth four (4) degrees, thirty-four (34) minutes, east two hundred treity- tout anf eighteen one-tundtedths (224.18) feet to the southerly Line of Deepdale Drive; ‘ =, sapien: cimimamwase eisiaen. along the arc of a olrcle whose radios is one hundred and seven one hundredths (100.07) fiat aod whith atc 1s subtebied by a chott bearing sctith, sixty-one (62) degrées (20) minates, fifty (50) seconds east and which said chord is teenty- thewe (23) feet in length; ORRTT PETA THEE, still along the southerly line of Deepdale Drive as it curves along the arc of a circle whose radius is three hundred seventy-five and ninety-three one- tumdredthe (375.93) feet and whose arc is subtended by a chord bearing south eighty east ds sixty-one (61) degrees, thirty-two (32) minutes, fort; (40) secon nine (89) feet in length, until the point of place O° BEGINNING (the aforesaid Peehises belng the same premises described in deed xmnimeladt Gated May 28, 1954 recorded in Liber 5572 of Comveyarces, page 361). SUBJECT TO easement agr~ ats recorded in Liber 1085 of Conveyances, page 452, and in Liber 1209 of O--.vyances, page 365, in the office of the Clerk of the of Nassau. County The party of the first part is the surviving tenant hy the ar tirety of the persons described as grantees in deed datec May 28, 1954 and recorded in Liber 5572 of Conveyances, page 361 in the office of the Clerk of the County of Nassau on June 30, 1954. 14 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024 SCHEDULE B Subject Mortgage: 1. Mortgage from Lynda Berman to Goldpoint Mortgage Bankers, INC. dated April 23, 1997, recorded June 18, 1997, in (book) M 17988 (page) 252, in the amount of $400,000.00, Nassau County, New York. 2. Assigned to Bankers Trust Company as Trustee, Assigned by Goldpoint Mortgage Bankers, INC., Dated April 23, 1997, Recorded on February 9, 1998, in (book) M 18392 (page) 0181, assigning the mortgage originally recorded in (book) 17988 (page) 252, Nassau County, New York. 3. Assigned to MERS, INC. as nominee for Homecomings Financial Network, INC., Assigned by Bankers Trust Company as Trustee, Dated March 27, 2002, Recorded on June 21, 2002, in (book) M 22546 (page) 630, assigning the mortgage originally recorded in (book) 17988 (page) 0252, Nassau County, New York. 4. Gap Mortgage from Lynda Berman to MERS, Inc. as nominee for Homecomings Financial Network, INC. dated May 13, 2002, recorded June 21, 2002, in (book) M 22546 (page) 632, in the amount of $12,356.67, Nassau County, New York. 5. Consolidation, Extension and Modification Agreement from Lynda Berman to MERS, Inc. as nominee for Homecomings Financial Network, INC. dated May 13, 2002, recorded June 21, 2002, in (book) M 22546 (page) 652, in the amount of $387,000.00, Nassau County, New York. 6. Consolidation, Extension and Modification Agreement from Lynda Berman to MERS, Inc. as nominee for Homecomings Financial Network, INC. dated April 15, 2004, recorded May 17, 2004, in (book) M 26768 (page) 848, in the amount of $371,000.00, Nassau County, New York. 7. Assigned to Citibank, N.A. As Owner Trustee For New Residential Mortgage Loan Trust 2015-2, Its Successors and Assigns, Assigned by Mortgage Electronic Registration Systems, Inc (“MERS”), As Mortgagee, As Nominee for Homecomings Financial Network Inc., Its Successors and Assigns, Dated January 24, 2024, Recorded on February 5, 2024, in (book) M 47425 (page) 477, assigning the mortgage originally recorded in (book) M 26768 (page) 848, Nassau County, New York. SCHEDULE C Other Mortgage(s): 1. Mortgage from Lynda Berman to Fleet National Bank, Principally Located in Rhode Island dated February 8, 2003, recorded December 23, 2003, in (book) M 25649 (page) 8, in the amount of $300,000.00, Nassau County, New York. 2. That Subordination Agreement recorded on 05/17/2004 with BOOK/PAGE M 26768/823, Nassau County, New York. 3. Assigned to Mortgage Electronic Registration Systems, Inc., Assigned by Bank of America, N.A. SBM Fleet National Bank by Select Portfolio Servicing, INC., as Attorney-in-fact, Dated January 29, 2021, Recorded on April 19, 2021, in (book) M 45292 (page) 483, assigning the mortgage originally recorded in (book) M 25649 (page) 8, Nassau County, New York. 4. Assigned to Mortgage Electronic Registration Systems, Inc., Assigned by Bank of America, 15 of 98 D: NA AU OUN RK O6 O6 AN INDEX NO. 609851/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 06/06/2024 N.A. SBM Fleet National Bank by Select Portfolio Servicing, INC., as Attorney-in-fact, Dated January 22, 2021, Recorded on April 19, 2021, in (book) M 45292 (page) 465, assigning the mortgage originally recorded in (book) M 25649 (page) 8, Nassau County, New York. 5. Assigned to Mortgage Electronic Registration Systems, Inc., Assigned by Bank of America, N.A. SBM Fleet National Bank by Select Portfolio Servicing, INC., as Attorney-in-fact, Dated January 29, 2021, Recorded on April 19, 2021, in (book) M 45291 (page) 595, assigning the mortgage originally recorded in (book) M 25649 (page) 8, Nassau County, New York. Liens/Judgments and Other Encumbrances: 1. Summons and Verified Complaint in favor of Crown Asset Management, LLC against Matthew L. Berman, dated August 2, 2018, recorded August 16, 2018, in (instrument) NA, in the amount of $24,925.84 plus costs and interest, if any, being Case No. 611072/2018, Nassau County, New York. 16 of 98 D NA AU OUN AM INDEX NO. 609851/2024 NYSCEF BoC. NO. 1 RECEIVED NYSCEF: 06/06/2024 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 foreclos ure. In addition to seeking assistance from an attorney or legal aid office, there are govern ment 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 toll free helpline at 1-800-269-0990 or visit the Department’s website at www.dfs.ny.gov. RIGHTS AND OBLIGATIONS YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU HAVE THE RIGHT TO STAY IN YOUR HOME DURING THE FORECLOSURE PROCESS. YOU ARE NOT REQUIRED TO LEAVE YOUR HOME UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE. R