Preview
FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
US BANK TRUST NATIONAL ASSOCIATION, INDEX NO.:
NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE FOR VRMTG SUMMONS
ASSET TRUST,
Plaintiff Designates NASSAU
Plaintiff, County as the Place of Trial
-against-
Premises:
ANTHONY SCHETTINO; BARCLAYS BANK 233 Lawrence Lane
DELAWARE; MORANIA OIL OF LONG Glen Cove, NY 11542
ISLAND, INC; PEOPLE OF THE STATE OF NEW
Venue is based upon the county
YORK; CAPITAL ONE BANK USA, NA;
in which the premises are
PRECISION RECOVERY ANALYTICS, INC;
situated
LAND ROVER CAPITAL GROUP; FORD
MOTOR CREDIT COMPANY and “JOHN DOE 1”
through “JOHN DOE 12”, said names being
fictitious, parties intended being possible tenants or
occupants of premises, or corporations, other entities
or persons who claim, or may claim, a lien against the
premises,
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance, on the Plaintiff’s Attorney(s) 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); the United States of America may
appear or answer within 60 day of service hereof; 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.
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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 default judgment may be entered, and you can lose
your home.
Speak to an attorney or go to the court where your case is pending for further information
on how to answer the summons and protect your property.
Sending a payment to your Mortgage company will not stop this foreclosure action.
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: June 17, 2024
New York, New York
/s/ Michael F. Medved
___________________________________
Michael Medved, Esq.
HILL WALLACK LLP
Attorneys for Plaintiff
261 Madison Avenue
9th Floor, Suite 940-941
New York, NY 10016
Phone: 929-594-2224
Email: mmedved@hillwallack.com
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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 1-800-342-3736 or visit the
Department's website at http://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. Regardless of whether you choose
to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR
PROPERTY and pay property taxes in accordance with state and local law.
FORECLOSURE RESCUE SCAMS
Be careful of people who approach you with offers to "save" your home.
There are individuals who watch for notices of foreclosure actions in order to
unfairly profit from a homeowner's distress. You should be extremely careful about
any such promises and any suggestions that you pay them a 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.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
US BANK TRUST NATIONAL ASSOCIATION, INDEX NO.:
NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE FOR VRMTG COMPLAINT
ASSET TRUST,
Premises:
Plaintiff, 233 Lawrence Lane
Glen Cove, NY 11542
-against-
ANTHONY SCHETTINO; BARCLAYS BANK
DELAWARE; MORANIA OIL OF LONG ISLAND,
INC; PEOPLE OF THE STATE OF NEW YORK;
CAPITAL ONE BANK USA, NA; PRECISION
RECOVERY ANALYTICS, INC; LAND ROVER
CAPITAL GROUP; FORD MOTOR CREDIT
COMPANY and “JOHN DOE 1” through “JOHN
DOE 12”, said names being fictitious, parties intended
being possible tenants or occupants of premises, or
corporations, other entities or persons who claim, or
may claim, a lien against the premises,
Defendants.
Plaintiff, by its attorneys, HILL WALLACK LLP, complaining of the Defendants,
alleges upon information and belief as follows:
1. That the Plaintiff herein is, and at all times hereinafter mentioned was, a national banking
association organized and existing under the laws of the United States of America, and acting as
owner trustee.
2. On or about February 9, 2006, Rosemary Schettino executed and delivered to American
Home Mortgage, a certain Note (“Note”), whereby Rosemary Schettino covenanted and agreed to
pay the sum of $300,000.00, with interest on the unpaid balance thereof, with the initial rate being
6.375 percent per annum beginning April 1, 2006 and monthly thereafter until said Note is fully
paid, except that the final payment of principal and interest remaining due, if not sooner paid shall
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become due and payable on March 1, 2036. A true and correct copy of the Note is attached hereto
as Exhibit “A”.
3. As collateral security for the payment of said indebtedness, defendant(s) Rosemary
Schettino executed, acknowledged and delivered to Mortgage Electronic Registration Systems,
Inc. as nominee for American Home Mortgage a Mortgage (“Mortgage”) dated February 9, 2006
in the amount of $300,000.00 and recorded on March 2, 2006 in Liber Book: M30159, Page: 391,
in the Office of the Clerk of NASSAU County, New York on a certain real property known as 233
Lawrence Lane, Glen Cove, NY 11542 the “Premises”. A true and correct copy of the Mortgage
is attached hereto as Exhibit “B”.
Said Mortgage premises being known as and by street address:
233 Lawrence Lane, Glen Cove, NY 11542
Section: 23
Block: 36
Lot: 5
Said Premises are more fully described in Schedule “A”, annexed hereto and made a part
hereof.
4. Said Mortgage was assigned from MORTGAGE ELECRONIC REGISTRATION
SYSTEMS, INC., AS NOMINEE FOR AMERICAN HOME MORTGAGE to SPECIALIZED
LOAN SERVICING, LLC by assignment recorded on December 9, 2021 in Book: 46105, Page:
1003 in the NASSAU County Clerk’s Office.
5. Said Mortgage was assigned from SPECIALIZED LOAN SERVICING, LLC to US
BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST by assignment recorded on
February 22, 2024 in Book: 47442, Page: 688 in the NASSAU County Clerk’s Office. The
Assignments are annexed hereto collectively as Exhibit “C”.
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6. Plaintiff (a) is the holder of the subject Note and Mortgage, or has been delegated the
authority to institute a Mortgage foreclosure action by the holder of the subject Note and Mortgage;
and (b) has complied with all the provisions of section five hundred ninety-five-a of the Banking
Law and any rules and regulations promulgated thereunder, section six-L or six-M of the Banking
Law, and (c) is in compliance with sending the ninety (90) day notice as required by RPAPL §
1304 and is in compliance with RPAPL § 1306, if applicable.
7. Said premises are subject to covenants, restrictions, easements of record, prior
Mortgages and liens, and amendments thereto, if any; to any state of facts and accurate survey may
show; railroad consents and sewer agreements, and to utility agreements, municipal and
governmental zoning, rules, regulations and ordinances, if any.
8. That the Mortgagors, their successors, assigns and/or transferees, have failed to comply
with the terms and conditions of said above named instrument(s) by failing or omitting to pay the
installment which became due and payable as of August 1, 2020 and also by failing or omitting to
pay the installment which became due and payable each and every month thereafter to the date
hereof, although duly demanded.
9. Plaintiff notified the Mortgagor(s) of the default under the terms of the Note and
Mortgage however, the Mortgagor failed to remedy the default.
10. Pursuant to the terms of the Note and Mortgage, the Plaintiff has elected and does
hereby elect to declare the entire principal balance to be due and owing.
11. By reason of the foregoing, there is now due and owing from the Mortgagor(s) to
Plaintiff the principal sum of $221,972.20 plus interest and late charges.
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12. 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 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 defaulted payments under the
aforesaid Note and Mortgage occurring prior to the discontinuance of this action are fully paid.
13. That in order to protect its security, the Plaintiff may be compelled during the pendency
of this action to pay taxes, assessments, water, sewer charges, insurance premiums, and other
charges for the protection of the premises, and the Plaintiff requests that any sums so paid by it
shall be added to the sum otherwise due herein and be deemed secured by said Mortgage and
adjudged a valid lien on the premises described herein.
14. That each of the Defendant(s), including but not limited to the aforementioned
Defendant(s), have or claim to have some interest in, or lien upon, the said Mortgaged premises or
some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the
Plaintiff’s Mortgage.
15. That the defendants “JOHN DOE 1” through “JOHN DOE 12”, said names being
fictitious, parties intended being possible tenants or occupants of premises, or corporations, other
entities or persons who claim, or may claim, a lien against the premises.
16. That if the Premises consist of more than one parcel, Plaintiff respectfully requests that
the judgment of foreclosure provide for the premises to be sold as one parcel.
17. There are no other pending proceedings at law or otherwise to collect or enforce said
Note and Mortgage.
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18. Per Surrogate Court filing from March 16, 2015, under File No. 2015-383511, in
Nassau County, Borrower, Rosemary Schettino, deceased on June 15, 2014 and husband, Anthony
Schettino, became administrator of her estate. Subsequently, per Administrator’s Deed recorded
on May 2, 2023 in Instrument No. 2023-00025721, Anthony Schettino became sole title holder of
the Premises.
19. PEOPLE OF THE STATE OF NEW YORK is named as a defendant as it may hold a
possible lien against the mortgaged premises as set forth in Exhibit “D” hereto.
WHEREFORE, Plaintiff demands judgment against the Defendants as follows:
A. That the Defendant(s) and all persons claiming under them, or any of them,
subsequent to the filing of the Notice of Pendency of this action and the recording of the Mortgage
in the Office of the Clerk of NASSAU County, the county in which said Mortgaged premises are
located, and every person whose conveyance or encumbrance is subsequent or subsequently
recorded or subordinate, be forever barred or foreclosed of any and all right, title, claim, lien and
equity of redemption of the said Mortgaged premises and each and every part thereof;
B. that the amount due to Plaintiff on its Note and Mortgage may be adjudged;
C. that the premises be sold according to law;
D. that the monies received from the sale may be brought into Court;
E. that Plaintiff be paid the amount adjudged to be due it with interest thereon to the
time of such payment, together with the costs and disbursements of this action, together with
Plaintiff’s attorneys’ fees, late charges, escrow advances and the expenses of said sale to the extent
that the amount of such monies applicable thereto will pay the same;
F. that this Court, if requested, forthwith appoints a Receiver of the rents and profits
of said premises and the usual powers and duties;
G. unless the Defendant(s), Anthony Schettino, has been discharged by the United
States Bankruptcy Court for the underlying indebtedness owed to Plaintiff, that the Defendant, be
adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid
in accordance with the law made and provided that Plaintiff have execution therefore;
H. Plaintiff specifically reserves its rights to share in any surplus monies arising from
the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding
the Mortgage being foreclosed herein.
I. that the Plaintiff have such other and further relief as may be just and equitable
together with the costs, allowances and disbursements of this action.
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DATED: June 17, 2024
New York, New York /s/ Michael F. Medved
___________________________________
Michael Medved, Esq.
HILL WALLACK LLP
Attorneys for Plaintiff
261 Madison Avenue
9th Floor, Suite 940-941
New York, NY 10018
Phone: 929-594-2224
Email: mmedved@hillwallack.com
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INDEX #:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST,
Plaintiff,
-against-
ANTHONY SCHETTINO; BARCLAYS BANK DELAWARE; MORANIA OIL OF LONG
ISLAND, INC; PEOPLE OF THE STATE OF NEW YORK; CAPITAL ONE BANK USA, NA;
PRECISION RECOVERY ANALYTICS, INC; LAND ROVER CAPITAL GROUP; FORD
MOTOR CREDIT COMPANY and “JOHN DOE 1” through “JOHN DOE 12”, said names being
fictitious, parties intended being possible tenants or occupants of premises, or corporations, other
entities or persons who claim, or may claim, a lien against the premises,
Defendants
SUMMONS AND COMPLAINT
HILL WALLACK LLP
Attorneys for Plaintiff
261 Madison Avenue
9th Floor, Suite 940-941
New York, NY 10016
Phone: 929-594-2224
File: 20292-2418
Signature (Rule 130-1.1a)
Michael Medved, Esq.
Attorneys for: Plaintiff
HILL WALLACK LLP
Attorneys for Plaintiff
261 Madison Avenue
9th Floor, Suite 940-941
New York, NY 10016
Phone: 929-594-2224
Email: mmedved@hillwallack.com
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Preview
FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU US BANK TRUST NATIONAL ASSOCIATION, INDEX NO.: NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG SUMMONS ASSET TRUST, Plaintiff Designates NASSAU Plaintiff, County as the Place of Trial -against- Premises: ANTHONY SCHETTINO; BARCLAYS BANK 233 Lawrence Lane DELAWARE; MORANIA OIL OF LONG Glen Cove, NY 11542 ISLAND, INC; PEOPLE OF THE STATE OF NEW Venue is based upon the county YORK; CAPITAL ONE BANK USA, NA; in which the premises are PRECISION RECOVERY ANALYTICS, INC; situated LAND ROVER CAPITAL GROUP; FORD MOTOR CREDIT COMPANY and “JOHN DOE 1” through “JOHN DOE 12”, said names being fictitious, parties intended being possible tenants or occupants of premises, or corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff’s Attorney(s) 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); the United States of America may appear or answer within 60 day of service hereof; 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. 4870-0469-2935, v. 1 1 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 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 your Mortgage company will not stop this 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: June 17, 2024 New York, New York /s/ Michael F. Medved ___________________________________ Michael Medved, Esq. HILL WALLACK LLP Attorneys for Plaintiff 261 Madison Avenue 9th Floor, Suite 940-941 New York, NY 10016 Phone: 929-594-2224 Email: mmedved@hillwallack.com 4870-0469-2935, v. 1 2 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 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 1-800-342-3736 or visit the Department's website at http://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. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a 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. 3 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU US BANK TRUST NATIONAL ASSOCIATION, INDEX NO.: NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG COMPLAINT ASSET TRUST, Premises: Plaintiff, 233 Lawrence Lane Glen Cove, NY 11542 -against- ANTHONY SCHETTINO; BARCLAYS BANK DELAWARE; MORANIA OIL OF LONG ISLAND, INC; PEOPLE OF THE STATE OF NEW YORK; CAPITAL ONE BANK USA, NA; PRECISION RECOVERY ANALYTICS, INC; LAND ROVER CAPITAL GROUP; FORD MOTOR CREDIT COMPANY and “JOHN DOE 1” through “JOHN DOE 12”, said names being fictitious, parties intended being possible tenants or occupants of premises, or corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants. Plaintiff, by its attorneys, HILL WALLACK LLP, complaining of the Defendants, alleges upon information and belief as follows: 1. That the Plaintiff herein is, and at all times hereinafter mentioned was, a national banking association organized and existing under the laws of the United States of America, and acting as owner trustee. 2. On or about February 9, 2006, Rosemary Schettino executed and delivered to American Home Mortgage, a certain Note (“Note”), whereby Rosemary Schettino covenanted and agreed to pay the sum of $300,000.00, with interest on the unpaid balance thereof, with the initial rate being 6.375 percent per annum beginning April 1, 2006 and monthly thereafter until said Note is fully paid, except that the final payment of principal and interest remaining due, if not sooner paid shall 4870-0469-2935, v. 1 4 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 become due and payable on March 1, 2036. A true and correct copy of the Note is attached hereto as Exhibit “A”. 3. As collateral security for the payment of said indebtedness, defendant(s) Rosemary Schettino executed, acknowledged and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for American Home Mortgage a Mortgage (“Mortgage”) dated February 9, 2006 in the amount of $300,000.00 and recorded on March 2, 2006 in Liber Book: M30159, Page: 391, in the Office of the Clerk of NASSAU County, New York on a certain real property known as 233 Lawrence Lane, Glen Cove, NY 11542 the “Premises”. A true and correct copy of the Mortgage is attached hereto as Exhibit “B”. Said Mortgage premises being known as and by street address: 233 Lawrence Lane, Glen Cove, NY 11542 Section: 23 Block: 36 Lot: 5 Said Premises are more fully described in Schedule “A”, annexed hereto and made a part hereof. 4. Said Mortgage was assigned from MORTGAGE ELECRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN HOME MORTGAGE to SPECIALIZED LOAN SERVICING, LLC by assignment recorded on December 9, 2021 in Book: 46105, Page: 1003 in the NASSAU County Clerk’s Office. 5. Said Mortgage was assigned from SPECIALIZED LOAN SERVICING, LLC to US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST by assignment recorded on February 22, 2024 in Book: 47442, Page: 688 in the NASSAU County Clerk’s Office. The Assignments are annexed hereto collectively as Exhibit “C”. 4870-0469-2935, v. 1 5 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 6. Plaintiff (a) is the holder of the subject Note and Mortgage, or has been delegated the authority to institute a Mortgage foreclosure action by the holder of the subject Note and Mortgage; and (b) has complied with all the provisions of section five hundred ninety-five-a of the Banking Law and any rules and regulations promulgated thereunder, section six-L or six-M of the Banking Law, and (c) is in compliance with sending the ninety (90) day notice as required by RPAPL § 1304 and is in compliance with RPAPL § 1306, if applicable. 7. Said premises are subject to covenants, restrictions, easements of record, prior Mortgages and liens, and amendments thereto, if any; to any state of facts and accurate survey may show; railroad consents and sewer agreements, and to utility agreements, municipal and governmental zoning, rules, regulations and ordinances, if any. 8. That the Mortgagors, their successors, assigns and/or transferees, have failed to comply with the terms and conditions of said above named instrument(s) by failing or omitting to pay the installment which became due and payable as of August 1, 2020 and also by failing or omitting to pay the installment which became due and payable each and every month thereafter to the date hereof, although duly demanded. 9. Plaintiff notified the Mortgagor(s) of the default under the terms of the Note and Mortgage however, the Mortgagor failed to remedy the default. 10. Pursuant to the terms of the Note and Mortgage, the Plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 11. By reason of the foregoing, there is now due and owing from the Mortgagor(s) to Plaintiff the principal sum of $221,972.20 plus interest and late charges. 4870-0469-2935, v. 1 6 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 12. 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 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 defaulted payments under the aforesaid Note and Mortgage occurring prior to the discontinuance of this action are fully paid. 13. That in order to protect its security, the Plaintiff may be compelled during the pendency of this action to pay taxes, assessments, water, sewer charges, insurance premiums, and other charges for the protection of the premises, and the Plaintiff requests that any sums so paid by it shall be added to the sum otherwise due herein and be deemed secured by said Mortgage and adjudged a valid lien on the premises described herein. 14. That each of the Defendant(s), including but not limited to the aforementioned Defendant(s), have or claim to have some interest in, or lien upon, the said Mortgaged premises or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the Plaintiff’s Mortgage. 15. That the defendants “JOHN DOE 1” through “JOHN DOE 12”, said names being fictitious, parties intended being possible tenants or occupants of premises, or corporations, other entities or persons who claim, or may claim, a lien against the premises. 16. That if the Premises consist of more than one parcel, Plaintiff respectfully requests that the judgment of foreclosure provide for the premises to be sold as one parcel. 17. There are no other pending proceedings at law or otherwise to collect or enforce said Note and Mortgage. 4870-0469-2935, v. 1 7 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 18. Per Surrogate Court filing from March 16, 2015, under File No. 2015-383511, in Nassau County, Borrower, Rosemary Schettino, deceased on June 15, 2014 and husband, Anthony Schettino, became administrator of her estate. Subsequently, per Administrator’s Deed recorded on May 2, 2023 in Instrument No. 2023-00025721, Anthony Schettino became sole title holder of the Premises. 19. PEOPLE OF THE STATE OF NEW YORK is named as a defendant as it may hold a possible lien against the mortgaged premises as set forth in Exhibit “D” hereto. WHEREFORE, Plaintiff demands judgment against the Defendants as follows: A. That the Defendant(s) and all persons claiming under them, or any of them, subsequent to the filing of the Notice of Pendency of this action and the recording of the Mortgage in the Office of the Clerk of NASSAU County, the county in which said Mortgaged premises are located, and every person whose conveyance or encumbrance is subsequent or subsequently recorded or subordinate, be forever barred or foreclosed of any and all right, title, claim, lien and equity of redemption of the said Mortgaged premises and each and every part thereof; B. that the amount due to Plaintiff on its Note and Mortgage may be adjudged; C. that the premises be sold according to law; D. that the monies received from the sale may be brought into Court; E. that Plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with the costs and disbursements of this action, together with Plaintiff’s attorneys’ fees, late charges, escrow advances and the expenses of said sale to the extent that the amount of such monies applicable thereto will pay the same; F. that this Court, if requested, forthwith appoints a Receiver of the rents and profits of said premises and the usual powers and duties; G. unless the Defendant(s), Anthony Schettino, has been discharged by the United States Bankruptcy Court for the underlying indebtedness owed to Plaintiff, that the Defendant, be adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in accordance with the law made and provided that Plaintiff have execution therefore; H. Plaintiff specifically reserves its rights to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the Mortgage being foreclosed herein. I. that the Plaintiff have such other and further relief as may be just and equitable together with the costs, allowances and disbursements of this action. 4870-0469-2935, v. 1 8 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 DATED: June 17, 2024 New York, New York /s/ Michael F. Medved ___________________________________ Michael Medved, Esq. HILL WALLACK LLP Attorneys for Plaintiff 261 Madison Avenue 9th Floor, Suite 940-941 New York, NY 10018 Phone: 929-594-2224 Email: mmedved@hillwallack.com 4870-0469-2935, v. 1 9 of 10 FILED: NASSAU COUNTY CLERK 06/18/2024 03:42 PM INDEX NO. 610617/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2024 INDEX #: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST, Plaintiff, -against- ANTHONY SCHETTINO; BARCLAYS BANK DELAWARE; MORANIA OIL OF LONG ISLAND, INC; PEOPLE OF THE STATE OF NEW YORK; CAPITAL ONE BANK USA, NA; PRECISION RECOVERY ANALYTICS, INC; LAND ROVER CAPITAL GROUP; FORD MOTOR CREDIT COMPANY and “JOHN DOE 1” through “JOHN DOE 12”, said names being fictitious, parties intended being possible tenants or occupants of premises, or corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants SUMMONS AND COMPLAINT HILL WALLACK LLP Attorneys for Plaintiff 261 Madison Avenue 9th Floor, Suite 940-941 New York, NY 10016 Phone: 929-594-2224 File: 20292-2418 Signature (Rule 130-1.1a) Michael Medved, Esq. Attorneys for: Plaintiff HILL WALLACK LLP Attorneys for Plaintiff 261 Madison Avenue 9th Floor, Suite 940-941 New York, NY 10016 Phone: 929-594-2224 Email: mmedved@hillwallack.com 4870-0469-2935, v. 1 10 of 10