Preview
FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATIONSTAR MORTGAGE LLC Index No.
Date Filed:
Plaintiff,
-against- SUMMONS
Premises Address:
EDRIS LEWIS-BACCHIANO; MEADOWWOOD AT 400 COZINE AVENUE
GATEWAY CONDOMINIUM; and "John Doe" and/or UNIT 14-5H
"Jane Doe" # 1-10 inclusive, the last ten names being BROOKLYN, NY 11207
fictitious and unknown to Plaintiff, the persons or parties
intended being the tenants, occupants, persons,
corporations or heirs at law, if any, having or claiming an
interest in or lien upon the premises described in the
complaint herein,
Defendant(s).
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 attorneys 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) or within (60) days after service of this summons if it is
the United States of America; 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.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
This is an action to foreclose a mortgage lien on the premises described herein.
The object of the above captioned action is to foreclose a Mortgage executed by EDRIS LEWIS
BACCHIANO as Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS
MORTGAGEE, AS NOMINEE FOR RESIDENTIAL HOME FUNDING CORP. to secure
$253,886.00 and interest, dated August 10, 2010 and recorded in the Office of the City Register of
Kings County on August 16, 2010 in CFRN 2010000275826, (the "Mortgage"), which was assigned to
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BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP
by Assignment of Mortgage dated May 30, 2012, which was recorded in the Office of the City Register
of Kings County on June 18, 2012 in CFRN 2012000237199, which was assigned to NATIONSTAR
MORTGAGE, LLC by Assignment of Mortgage dated May 6, 2013, which was recorded in the Office
of the City Register of Kings County on June 21, 2013 in CFRN 2013000244916, which loan was
modified by a Loan Modification Agreement dated May 1, 2017 to modify said mortgage to an amount
of $197,314.26, which was recorded in the Office of the City Register of Kings County on May 9,
2017 in CFRN 2017000176645, covering premises known as 400 Cozine Avenue Unit 14-5H,
Brooklyn, NY 11207.
The relief sought herein is a final judgment directing sale of the premises described above to
satisfy the debt secured by the mortgage described above. The Plaintiff also seeks a deficiency
judgment against the Defendant EDRIS LEWIS-BACCHIANO, for any debt secured by said Mortgage
which is not satisfied by the proceeds of the sale of said premises, unless discharged in bankruptcy.
Plaintiff designates Kings County as the place of trial. Venue is based upon the County in which
the mortgaged premises is located.
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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 19, 2024
Tromberg, Morris & Partners, PLLC
By: ____________________________
Catherine Welker
Attorneys for Plaintiff
39 Broadway, Suite 1250, New York, NY 10006
Phone: (800) 280-6205 Fax: 212-227-9656
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATIONSTAR MORTGAGE LLC Index No.
Plaintiff,
-against- COMPLAINT
Mortgaged Premises:
EDRIS LEWIS-BACCHIANO; MEADOWWOOD AT 400 COZINE AVENUE
GATEWAY CONDOMINIUM; and "JOHN DOE" and/or UNIT 14-5H
"JANE DOE" # 1-10 inclusive, the last ten names being BROOKLYN, NY 11207
fictitious and unknown to Plaintiff, the persons or parties
intended being the tenants, occupants, persons,
corporations or heirs at law, if any, having or claiming an
interest in or lien upon the premises described in the
complaint,
Defendant(s).
The Plaintiff herein, by its attorneys, Tromberg, Morris & Partners, PLLC, complains of the
defendants above named herein and upon information and belief, alleges as follows:
1. At all times herein mentioned, Plaintiff was, and still is a Limited Liability Company organized
and existing under and by virtue of the laws of the State of Delaware, authorized to transact
business in the State of New York.
2. On or about August 10, 2010, EDRIS LEWIS-BACCHIANO, ("Defendant") executed and
delivered to Residential Home Funding Corp., A New York Corporation a Note (the "Note"),
whereby the Defendant agreed to pay to Residential Home Funding Corp., A New York
Corporation or its transferees the sum of $ 253,886.00, plus increases in principal, if any, with
interest thereon, installments of principal and interest to be paid monthly, in substantially equal
payments on the same date of each month until maturity, all as provided in the Note. A copy of
the Note is annexed hereto and made a part hereof.
3. The Plaintiff is the mortgagee and the holder of the subject note and mortgage and if not the
owner, has been delegated the authority to institute a mortgage foreclosure action by the owner
and holder of the subject note and mortgage. See attached Note incorporated herein. Plaintiff,
directly or through an agent, has possession of the promissory Note. The promissory Note is
either made payable to the Plaintiff or has been duly indorsed.
4. As collateral security for the payment of said indebtedness, Defendant executed a mortgage by
EDRIS LEWIS BACCHIANO, as Mortgagor, to Mortgage Electronic Registration Systems,
Inc. as nominee for Residential Home Funding Corp., A New York Corporation to secure
$253,886.00 and interest, dated August 10, 2010 and recorded in the Office of the City Register
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of Kings County on August 16, 2010 in CFRN 2010000275826 (the “Mortgage”), which was
assigned to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING, LP by Assignment of Mortgage dated May 30, 2012, which was
recorded in the Office of the City Register of Kings County on June 18, 2012 in CFRN
2012000237199, which was assigned to NATIONSTAR MORTGAGE, LLC by Assignment of
Mortgage dated May 6, 2013, which was recorded in the Office of the City Register of Kings
County on June 21, 2013 in CFRN 2013000244916, which loan was modified by a Loan
Modification Agreement to modify said mortgage to an amount of $197,314.26, which was
recorded in the Office of the City Register of Kings County on May 9, 2017 in CFRN
2017000176645, covering premises known as 400 Cozine Avenue Unit 14-5H, Brooklyn, NY
11207.
5. The Premises encumbered by said Mortgage, with all appurtenances thereto, is bounded and
fully described in Schedule A annexed hereto and made part hereof.
6. Where applicable, the Plaintiff has complied with all of the provisions of the New York Banking
Law § 595-a, 9-X and rules and regulations promulgated thereunder, Banking Law § 6-l or 6-m
as applicable to the subject loan, and RPAPL § 1304 and §1306, as amended.6.
COUNT I
MORTGAGE FORECLOSURE
7. This is an action to foreclose a mortgage lien on the premises described herein.
8. The object of the instant action is to foreclose a Mortgage securing the premises known as 400
Cozine Avenue Unit 14-5H, Brooklyn, NY 11207 (hereinafter "Mortgaged Premises"). The
Mortgaged Premises is more fully described in Schedule "A" annexed hereto and made a part
hereof.
9. Pursuant to the terms of said instruments a notice of default was mailed to the mortgagor to the
last known address of the Mortgagor. The Notice demanded payment at least 30 days after the
date in which the Notice was mailed to the mortgagor. A copy of the notice of default sent to the
Borrower is annexed hereto and made a part hereof.
10. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to EDRIS LEWIS-
BACCHIANO on 12/28/2023 to the address of the property, at 400 Cozine Avenue Unit 14-5H,
Brooklyn, NY 11207 and to the Borrowers' last known address which is 400 Cozine Avenue
Unit 14-5H, Brooklyn, NY 11207 by registered or certified and first class mail. The certified
mailing bore United States Postal Service Tracking Number 9207 1902 5072 8601 1427 63.
Copies of the 90 Day Notices sent to the Borrower are annexed hereto and made a part hereof.
11. The Plaintiff, assignee or mortgage loan servicer, has timely complied with the provisions of
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RPAPL § 1306. Copies of the RPAPL § 1306 Proof of Filing Step 1 with the DFS are included
with the 90 Day Notices sent to the Borrower are annexed hereto and made a part hereof.
12. EDRIS LEWIS-BACCHIANO is named as a Defendant because she is the purported owner of
record of the Premises and is obligor on a certain Note secured by a Mortgage on the Premises.
(See Schedule B attached hereto)
13. "John Doe" and/or "Jane Doe" # 1-10 inclusive, are fictitious and unknown to Plaintiff. They
are named as defendant(s) to designate any and all tenants, occupants, persons, corporations or
heirs at law, if any, having or claiming an interest in or lien upon the Mortgaged Premises.
14. The Note provides that in the event any installment shall become overdue for a period in excess
of 15 days, a late charge on the overdue sum may be charged for the purpose of defraying the
expense in handling such delinquent payment.
15. The Mortgage provides, that in the event of a default in the payment of any principal or interest
that might become due thereon, Plaintiff may declare the entire indebtedness secured by the
Mortgage immediately due and payable and commence an action to foreclose the Defendant’s
rights in the Mortgaged Premises and sell them pursuant to applicable law.
16. The Note and Mortgage obligates the Defendant, to pay Plaintiff's reasonable attorney's fees in
the event of a default and in any action to foreclose the Mortgage.
17. The Mortgagor defaulted on the Mortgage on June 1, 2023 and since that date has failed to
comply with the conditions of the Mortgage by failing to pay portions of principal, interest or
taxes, assessments, water rates, insurance premiums, escrow and/or other charges.
18. As a result of the foregoing and in accordance with its rights under the Note and Mortgage, and
any Loan Modification, Plaintiff has elected to exercise its option to demand immediate
payment in full of the amounts outstanding under the Note and Mortgage and has notified the
Defendant of its decision to demand immediate payment in full.
19. As a result of the Defendant’s failure to pay the obligation under the Note and Mortgage and
any loan modifications, there is now due and owing to Plaintiff on the principal of the Mortgage
the sum of $174,327.66, together with accrued interest from May 1, 2023 at the present rate of
4.25000% as stated in the Note and Mortgage, and any Loan Modification, and such other
payments as are set forth in the Note and Mortgage. Notwithstanding the foregoing, Plaintiff
seeks the unpaid principal balance, interest arrears, escrows and such other payments as may be
due under the Note and Mortgage as may be collected under applicable New York law. Plaintiff
does not seek to sue or collect on any debt that may be barred under the statute of limitations.
20. In order to protect the value of the property and its rights in the property, the Plaintiff may have
to pay additional taxes, assessments, water charges, insurance premiums and other charges and
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the costs, allowances, expenses of sale, and reasonable attorney's fees for the foreclosure.
Plaintiff requests that any amount it pays, together with interest, be included in the total amount
due.
21. The Mortgage provides that, in the case of foreclosure, the Mortgaged Premises may be sold in
one parcel.
22. That in order to protect its security, Plaintiff may be compelled during the pendency of this
action to make repairs to, board, secure, protect and maintain the premises, to pay taxes,
assessments, water rates, sewer rentals, insurance premiums, mortgage insurance premiums, if
there be any, and other charges affecting the premises, and the Plaintiff requests that any sum so
paid be added to the sum otherwise due, with interest as provided in the aforesaid instruments,
and be deemed secured by said instruments and adjudged a valid lien on the Premises
hereinabove described.
23. That the Plaintiff requests that in the event this action proceeds to Judgment of Foreclosure and
Sale, said premises be sold subject to covenants, restrictions and easements, prior mortgages
and liens, and amendments, if any, of record; any state of facts an accurate survey may show;
restrictions, regulations, ordinances and zoning ordinances of any municipal or governmental
authority having jurisdiction thereof; and municipal, departmental and other governmental
violations, if any, affecting the premises; and real estate taxes, sewer rents, water charges, if
any, open of record.
24. The Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment, after the date of the commencement of this action,
of any or all of the defaults mentioned herein; and such election shall continue and remain
effective until the costs and disbursements of this action, and all present and future defaults
under the Note and Mortgage and any Loan Modification occurring prior to the discontinuance
of this action are fully paid.
25. In the event the Plaintiff possesses any other liens against the Mortgaged Premises either by
way of a junior mortgage or otherwise, the Plaintiff requests that such other liens shall not be
merged into the cause of action set forth in this complaint, but that the Plaintiff shall be
permitted to enforce said other liens and seek determination of the priority thereof in any
independent action or proceeding including without limitation any surplus money proceeding.
26. No separate pending action was brought to recover any part of the mortgage debt or if any such
action is pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff
to discontinue it.
WHEREFORE, Plaintiff demands judgment against the defendants as follows:
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(a) Defendants and all persons claiming under said defendants or any of them
subsequent to the filing of a Notice of Pendency of this action in the appropriate County
Clerk's Office, and every person whose conveyance is subsequent or subsequently
recorded, be barred and foreclosed of all right, title claim or lien and equity of
redemption in said mortgaged premises; that such mortgaged premises be decreed to be
sold as one parcel, subject to and should be sold subject to any state of facts an accurate
survey or inspection of the premises would show, encroachments, covenants,
restrictions, agreements and easements of record, if any, real estate taxes and zoning
restrictions and otherwise of any governmental authority having jurisdiction thereover
affecting said premises and any prior mortgages or liens of record and the rights of the
United States of America to redeem the Mortgaged Premises, and that the monies arising
from said lien be paid into Court;
(b) That the Court direct that the Mortgaged Premises can be sold according to law,
in one parcel or otherwise as equity may require;
(c) That a receiver be appointed for the property, if requested by Plaintiff;
(d) That the monies arising from the sale of the Mortgaged Premises may be brought
into Court or paid to the Plaintiff in accordance with RPAPL§ 1354.
(e) That the monies due to Plaintiff on the Mortgage may be adjudged and
computed;
(f) That Plaintiff may be paid the amount adjudged to be due on the Mortgage with
interest at the time of such payment, together with any monies advanced and paid
pursuant to any term or provision of the Mortgage so as to protect the lien of the
Mortgage, and together with taxes, insurance premiums and all other charges and liens
paid thereon with interest upon said amount from the date of the respective payments
and advances, together with all amounts due by virtue of statutory costs, allowances and
attorney's fees, together with any reasonable attorney's fees over and above the amounts
covered by the statutory attorney's fees, together with the expenses of the sale insofar as
the amount of such monies properly applicable thereto will pay the same;
(g) That if the proceeds of the sale of the Mortgaged Premises are insufficient to pay
the amount found due to Plaintiff as set forth in the immediately preceding paragraph,
the officer making the sale be required by the judgment of sale herein to specify the
amount of such deficiency in the report of sale;
(h) The obligor on the Note may be adjudged to pay any deficiency which may
remain after applying all of said monies so applicable thereto unless the obligor was
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discharged in bankruptcy;
(i) That Plaintiff be awarded reasonable attorney's fees as provided in the Note and
Mortgage, as well as the costs and disbursements of this action; and
(j) That Plaintiff has such other and further relief as may be just and proper
Dated: June 19, 2024
Tromberg, Morris & Partners, PLLC
By: ____________________________
Catherine Welker
Attorneys for Plaintiff
39 Broadway, Suite 1250, New York, NY 10006
Phone: (800) 280-6205 Fax: 212-227-9656
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INDEX #
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATIONSTAR MORTGAGE LLC
Plaintiff,
-against-
EDRIS LEWIS-BACCHIANO; MEADOWWOOD AT GATEWAY CONDOMINIUM; and "John
Doe" and/or "Jane Doe" # 1-10 inclusive, the last ten names being fictitious and unknown to Plaintiff,
the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, if
any, having or claiming an interest in or lien upon the premises described in the complaint
Defendant(s)
SUMMONS AND COMPLAINT
Tromberg, Morris & Partners, PLLC
Attorneys for Plaintiff
39 Broadway, Suite 1250, New York, NY 10006
Phone: (800) 280-6205 Fax: 212-227-9656
Our file #: 23-001641
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATIONSTAR MORTGAGE LLC Index No.
Plaintiff,
-against-
EDRIS LEWIS-BACCHIANO; MEADOWWOOD AT
GATEWAY CONDOMINIUM; ''JOHN DOES'' and ''JANE
DOES,'' said names being fictitious, parties intended being possible
tenants or occupants of premises and corporations, other entities or
persons who have, claim, or may claim, a lien against or other
interest in, the premises,
Defendant(s).
NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING
SUPREME COURT CASES
PLEASE TAKE NOTICE that Plaintiff(s)/petitioner(s) [defendant(s)/respondent(s)] in the case
captioned above intends that this matter proceed as an electronically-filed case in the New York State
Courts Electronic Filing System ("NYSCEF") in accordance with the procedures therefor, set forth in
Uniform Rule 202.5-b and described below. Under that Rule, filing and service of papers by electronic
means cannot be made by a party nor can electronic service be made upon a party unless that party has
consented to use of the System for the case in question. Each party served with this Notice must
promptly file with the court and serve on all other parties either a consent or a declination of consent to
electronic filing and service through NYSCEF for this case. (See Instruction # 2 below.)
General Information
Electronic filing offers significant benefits for attorneys and litigants, permitting documents to
be filed with the County Clerk and the court and served, between or among consenting parties, by
posting the documents on the NYSCEF Website, which can be done at any time of the day or night on
any day of the week. There is no fee to use the NYSCEF System, whether for filing, service, or
consultation of the electronic docket, nor is there a charge to print documents from the docket. Normal
filing fees must be paid, but this can be done by credit or bank card on-line. For additional procedures
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and information, see Uniform Rule 202.5-b, any e-filing protocol that may have been promulgated by
the court in question, and the NYSCEF Website at www.nycourts.gov/efile.
Instructions
1. Service of this Notice constitutes consent to e-filing and a statement of intent by the
undersigned to use the NYSCEF System in this case. When an action or proceeding is being
commenced through the NYSCEF System, this Notice must accompany service of the initiating papers.
2. Each party served with this Notice may consent to e-filing either: (i) by filing with the court and
serving on all parties of record a consent to e-filing, or (ii) if an authorized e-filing user, by filing a
consent electronically in the manner provided at the NYSCEF site. Parties who do not wish to consent
must file and serve a written declination of consent. If one party or some but fewer than all parties
consent, NYSCEF may be used by and between or among consenting parties.
3. Each participating attorney, unless already registered, or self-represented party must
PROMPTLY create a NYSCEF account and obtain the confidential Filing User Identification Number
and Password necessary to use the system. To create a NYSCEF account, go to
www.nycourts.gov/efile, click the Create an Account link, and follow the instructions.
4. For additional information about NYSCEF, see the User's Manual and Frequently Asked
Questions on the Website, or contact the court in question or the NYSCEF Resource Center (at 646-
386-3033 or efile@courts.state.ny.us).
Dated: June 19, 2024
Tromberg, Morris & Partners, PLLC
By: ____________________________
Catherine Welker
Attorneys for Plaintiff
39 Broadway, Suite 1250, New York, NY 10006
Phone: (800) 280-6205 Fax: 212-227-9656
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SCHEDULE A
THAT CERTAIN CONDOMINIUM UNIT TOGETHER WITH THE APPURTENANT
INTEREST IN THE COMMON ELEMENTS IN THE FAIRFIELD TOWERS
CONDOMINIUM (THE "CONDOMINIUM") KNOWN BY THE UNIT NUMBER 14-5H,
SITUATE, LYING AND BEING IN THE BOROUGH OF BROOKLYN, COUNTY OF KINGS,
CITY AND STATE OF NEW YORK, SAID UNITS BEING DESIGNATED AND DESCRIBED
IN A CERTAIN DECLARATION DATED MAY 5, 1994 (THE "DECLARATION"), MADE BY
FAIRFIELD PRESIDENTIAL ASSOCIATES PURSUANT TO ARTICLE 9B OF THE REAL
PROPERTY LAW OF THE STATE OF NEW YORK ESTABLISHING A PLAN FOR
CONDOMINIUM OWNERSHIP OF THE BUILDINGS (COLLECTIVELY, THE
"BUILDING") AND THE LAND (HEREINAFTER REFERRED TO AS THE "LAND") UPON
WHICH THE BUILDING IS SITUATE, WHICH DECLARATION WAS RECORDED IN THE
OFFICE OF THE REGISTER OF CITY OF NEW YORK, COUNTY OF KINGS (THE "CITY
REGISTER`S OFFICE") ON MAY 27, 1994 IN REEL 3301, AT PAGE 1068 AS
CONDOMINIUM NO. 468.
THE UNIT IS ALSO DESIGNATED ON THE TAX MAP OF THE REAL PROPERTY
ASSESSMENT DEPARTMENT OF THE CITY OF NEW YORK FOR THE BOROUGH OF
BROOKLYN BY LOT 1367 IN BLOCK 4423 AND ON THE FLOOR PLANS OF THE
BUILDING CERTIFIED BY HERBERT FLEISCHER ASSOCIATES ON MAY 17, 1994, AND
FILED WITH THE REAL PROPERTY ASSESSMENT DEPARTMENT OF THE CITY OF
NEW YORK AND THE CITY REGISTER`S OFFICE ON MAY 27, 1994, AS CONDOMINIUM
MAP NO. 5087.
TOGETHER WITH A 0.1001% INTEREST IN THE COMMON ELEMENTS (AS MORE
FULLY SET FORTH AND DEFINED IN THE DECLARATION.
Property Address: 400 Cozine Avenue Unit 14-5H, Brooklyn, NY 11207
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SCHEDULE B
EDRIS LEWIS-BACCHIANO is named herein as party defendant because she is the certified owner of
the subject premises, is the obligor under the note and she mortgaged her interest.
MEADOWWOOD AT GATEWAY CONDOMINIUM is named herein as party defendant because it
has or claims to have a judgment; Dated: 11/04/2020; Recorded: 01/13/2021, In favor of:
MEADOWWOOD AT GATEWAY CONDOMINIUM, Against: EDRIS LEWIS-BACCHIANO,
Amount: $80,528.85, which is subordinate to Plaintiff.
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MIN : . .. Loan . Nun¦er
NOTE
AUGUS
T 1 O, 2 O10 PARSIPPANY . .NEW JEVSEY
[city] . . [state]
[oate]
. .
400 COZINE AVENUEUNI T 14 - 5H, BROOKLYN, NEWYORK 112 O7
[Property Address]
1. PARTIES
"Borrower" person'
means each person signing at the end of this Note, and the s successors and assigns.
"Lender" means
RESIDENT IAL HOMEFUNDINGCORP. NEWYORK , A
. COltPORATION and its successors and assigns.
2 BORROWERtS
PROMISETO PAY; IETEREST ...
Ini return for a loan received from . Leader .Borrowec promises to pay the principal sum of
TWO HUNDREDFI FTY - TUREETHOUSANDEIGHT EUNDREDEIGHTY- SIX AND
OO/10 0 D.ollars (U.S. $ 2 53 , 8 8 6 . O O ),
plus interest, to the order of Lender c Interest be charged on unpaid priFcipal,
will from the date of disbursement of
the loan proceeds by Lender, at the rate of FOURAND 5 0 O /10 0 0 . percent
( 4 .. 5 O Q %) per year until the full amount of principal has been paid. .
..3. PRQMISETO PAYSECyRED ..
Borrower's promise to pay is secured by a mortgage, deed of.trust or similar security instrumeFt that is dated
Instrument."
the same date as this Note and called the "Security The Security Instrument protects the Lender from
losses which might result if Borrower defaults under this Note.
4. MANN.EROF PAYMENT
(A) .Time
Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning
on OCTOBER1 , 2 O10 Any principal and interest remaining on the 1s t day of
"
SEPTEMBER, 2 O4 O , will be due on.that date; which is called the "Maturity Date
(B). Place
Payment shall be made at P . O . BOX 53 0 3 , PARSIP PANY, NEWJERSEY 0 7 05 4
, or at such other place
as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 1, 2 8 6 ; 4 O
This amount will be part of a larger monthly payment required by the Security Instrument,.. that shall be .applied to
principal, interest and other items in the order described in the Security Instrument;
(D) Allonge to this Note for Payment Adjustuments
If an allonge providing for payment adjustments is.executed by Borrower together with thisNote,. the covenants
of the allonge shall be incorporated into and shall amend and supplement the .coveFants of this Note as if the allonge
were a part of this Note.
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(Check applicable box.)
Growing Equity Allonge
Graduated Payment Allonge
Other [specify]:
5 RIGHT TO PREPAY
BORROWER'S
Borrower has the right to pay the debt evidenced by this.Eote, in whole or in part, without charge or penalty,
on the first day.of any sqnth Lender shall acpept prepayment on oDer days pr.oyided that Barrqwer pays interest
on the amount prepaid for the remainder of the month to the e tent required by Lender and permitted by regulations
of the Secretary¤f Borrower makesa partial prepayment, there will be no.changes in the due date or in the amount
of the monthly payment unless Leader agrees in writing to those changes.
6. ElORROWER'SFAILURETO PAY
(A) Late Charge for Overdue Payments
If Leader has not received the full monthly payment required by the Security Instrument, as described in
Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late
charge in the amount of FOURAND OO 0 /10 O0 percent ( 4 . 0 0 O %)
of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by
regulations of the Secretary in the case of payment.defaults, require immediate payment in full of the p incipal balance
remaining due and all accrued interest. 5Lender may choose not to exercise this .option without waiving its rights in
the event of any subsequent default. In manycircumstances, regulations issued by the Secretary will limit Lender's
rights to require immediate payment in full in the caseof payment defaults. This Note does not authorize acceleration
when not permitted by HUDregulations. As used in this Note, Secretary" means the Secretary of Housing and
Urban Development or his or her designee.
(C). Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may.require Borrower to pay costs
attorneys'
and expenses including reasonable and customary fees for enforcing this Note to the extent not prohibited
by .applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the
principal of this Note.
7. WAlVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice
"Presentment"
of dishonor. means the right to require LeFder to demand payment of amounts due. "Notice of
Dishonor"
means the right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note
will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a
different address if Borrower has given Lender a notice of B9rrower's different address.
Any notice that must be given to Lender under this.Note will be given by delivering it or by mailing it by first
class mail to Lender at the address stated in Paragraph 4(B) or.at a different address if Borrower is given a notice of
that different address.
9. OBLIGATIONSOFPERSONS THIS NOTE
UNDER
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in thisNote, inclFding the promise to pay the full amount owed Any person who is a guarantor, sprety or
endorser of this Note is also obligated to do these things. Any perspn who takes over these obligatipps, including
the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of tbe promises made in
-
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this Note. Lender may.enforce its rights under this Note against each person individually or against all signatories
together. Any one person signing this Note may be required to pay all of the amounts owed underi this Note.
BY SIGNINGBELOW,Borrower accepts and agrees to the terms and covenants.contained in this Note.
eal) (Seal)
DRIS LEWIS - BACCHIANO -Borrower -Borrower
(Seal) ..... . . . .. (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
-
[Sign Original Only]
MULTISTATE- FHAFlXED RATENOTE £Riews 800-e49.5a62
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Alfonge To Note
Loan Number:
Allonge to Note Date: 8/10/2010
Executed By:
Preview
FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATIONSTAR MORTGAGE LLC Index No. Date Filed: Plaintiff, -against- SUMMONS Premises Address: EDRIS LEWIS-BACCHIANO; MEADOWWOOD AT 400 COZINE AVENUE GATEWAY CONDOMINIUM; and "John Doe" and/or UNIT 14-5H "Jane Doe" # 1-10 inclusive, the last ten names being BROOKLYN, NY 11207 fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the premises described in the complaint herein, Defendant(s). 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 attorneys 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) or within (60) days after service of this summons if it is the United States of America; 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. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT This is an action to foreclose a mortgage lien on the premises described herein. The object of the above captioned action is to foreclose a Mortgage executed by EDRIS LEWIS BACCHIANO as Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR RESIDENTIAL HOME FUNDING CORP. to secure $253,886.00 and interest, dated August 10, 2010 and recorded in the Office of the City Register of Kings County on August 16, 2010 in CFRN 2010000275826, (the "Mortgage"), which was assigned to 1 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP by Assignment of Mortgage dated May 30, 2012, which was recorded in the Office of the City Register of Kings County on June 18, 2012 in CFRN 2012000237199, which was assigned to NATIONSTAR MORTGAGE, LLC by Assignment of Mortgage dated May 6, 2013, which was recorded in the Office of the City Register of Kings County on June 21, 2013 in CFRN 2013000244916, which loan was modified by a Loan Modification Agreement dated May 1, 2017 to modify said mortgage to an amount of $197,314.26, which was recorded in the Office of the City Register of Kings County on May 9, 2017 in CFRN 2017000176645, covering premises known as 400 Cozine Avenue Unit 14-5H, Brooklyn, NY 11207. The relief sought herein is a final judgment directing sale of the premises described above to satisfy the debt secured by the mortgage described above. The Plaintiff also seeks a deficiency judgment against the Defendant EDRIS LEWIS-BACCHIANO, for any debt secured by said Mortgage which is not satisfied by the proceeds of the sale of said premises, unless discharged in bankruptcy. Plaintiff designates Kings County as the place of trial. Venue is based upon the County in which the mortgaged premises is located. 2 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 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 19, 2024 Tromberg, Morris & Partners, PLLC By: ____________________________ Catherine Welker Attorneys for Plaintiff 39 Broadway, Suite 1250, New York, NY 10006 Phone: (800) 280-6205 Fax: 212-227-9656 3 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATIONSTAR MORTGAGE LLC Index No. Plaintiff, -against- COMPLAINT Mortgaged Premises: EDRIS LEWIS-BACCHIANO; MEADOWWOOD AT 400 COZINE AVENUE GATEWAY CONDOMINIUM; and "JOHN DOE" and/or UNIT 14-5H "JANE DOE" # 1-10 inclusive, the last ten names being BROOKLYN, NY 11207 fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendant(s). The Plaintiff herein, by its attorneys, Tromberg, Morris & Partners, PLLC, complains of the defendants above named herein and upon information and belief, alleges as follows: 1. At all times herein mentioned, Plaintiff was, and still is a Limited Liability Company organized and existing under and by virtue of the laws of the State of Delaware, authorized to transact business in the State of New York. 2. On or about August 10, 2010, EDRIS LEWIS-BACCHIANO, ("Defendant") executed and delivered to Residential Home Funding Corp., A New York Corporation a Note (the "Note"), whereby the Defendant agreed to pay to Residential Home Funding Corp., A New York Corporation or its transferees the sum of $ 253,886.00, plus increases in principal, if any, with interest thereon, installments of principal and interest to be paid monthly, in substantially equal payments on the same date of each month until maturity, all as provided in the Note. A copy of the Note is annexed hereto and made a part hereof. 3. The Plaintiff is the mortgagee and the holder of the subject note and mortgage and if not the owner, has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject note and mortgage. See attached Note incorporated herein. Plaintiff, directly or through an agent, has possession of the promissory Note. The promissory Note is either made payable to the Plaintiff or has been duly indorsed. 4. As collateral security for the payment of said indebtedness, Defendant executed a mortgage by EDRIS LEWIS BACCHIANO, as Mortgagor, to Mortgage Electronic Registration Systems, Inc. as nominee for Residential Home Funding Corp., A New York Corporation to secure $253,886.00 and interest, dated August 10, 2010 and recorded in the Office of the City Register 4 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 of Kings County on August 16, 2010 in CFRN 2010000275826 (the “Mortgage”), which was assigned to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP by Assignment of Mortgage dated May 30, 2012, which was recorded in the Office of the City Register of Kings County on June 18, 2012 in CFRN 2012000237199, which was assigned to NATIONSTAR MORTGAGE, LLC by Assignment of Mortgage dated May 6, 2013, which was recorded in the Office of the City Register of Kings County on June 21, 2013 in CFRN 2013000244916, which loan was modified by a Loan Modification Agreement to modify said mortgage to an amount of $197,314.26, which was recorded in the Office of the City Register of Kings County on May 9, 2017 in CFRN 2017000176645, covering premises known as 400 Cozine Avenue Unit 14-5H, Brooklyn, NY 11207. 5. The Premises encumbered by said Mortgage, with all appurtenances thereto, is bounded and fully described in Schedule A annexed hereto and made part hereof. 6. Where applicable, the Plaintiff has complied with all of the provisions of the New York Banking Law § 595-a, 9-X and rules and regulations promulgated thereunder, Banking Law § 6-l or 6-m as applicable to the subject loan, and RPAPL § 1304 and §1306, as amended.6. COUNT I MORTGAGE FORECLOSURE 7. This is an action to foreclose a mortgage lien on the premises described herein. 8. The object of the instant action is to foreclose a Mortgage securing the premises known as 400 Cozine Avenue Unit 14-5H, Brooklyn, NY 11207 (hereinafter "Mortgaged Premises"). The Mortgaged Premises is more fully described in Schedule "A" annexed hereto and made a part hereof. 9. Pursuant to the terms of said instruments a notice of default was mailed to the mortgagor to the last known address of the Mortgagor. The Notice demanded payment at least 30 days after the date in which the Notice was mailed to the mortgagor. A copy of the notice of default sent to the Borrower is annexed hereto and made a part hereof. 10. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to EDRIS LEWIS- BACCHIANO on 12/28/2023 to the address of the property, at 400 Cozine Avenue Unit 14-5H, Brooklyn, NY 11207 and to the Borrowers' last known address which is 400 Cozine Avenue Unit 14-5H, Brooklyn, NY 11207 by registered or certified and first class mail. The certified mailing bore United States Postal Service Tracking Number 9207 1902 5072 8601 1427 63. Copies of the 90 Day Notices sent to the Borrower are annexed hereto and made a part hereof. 11. The Plaintiff, assignee or mortgage loan servicer, has timely complied with the provisions of 5 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 RPAPL § 1306. Copies of the RPAPL § 1306 Proof of Filing Step 1 with the DFS are included with the 90 Day Notices sent to the Borrower are annexed hereto and made a part hereof. 12. EDRIS LEWIS-BACCHIANO is named as a Defendant because she is the purported owner of record of the Premises and is obligor on a certain Note secured by a Mortgage on the Premises. (See Schedule B attached hereto) 13. "John Doe" and/or "Jane Doe" # 1-10 inclusive, are fictitious and unknown to Plaintiff. They are named as defendant(s) to designate any and all tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the Mortgaged Premises. 14. The Note provides that in the event any installment shall become overdue for a period in excess of 15 days, a late charge on the overdue sum may be charged for the purpose of defraying the expense in handling such delinquent payment. 15. The Mortgage provides, that in the event of a default in the payment of any principal or interest that might become due thereon, Plaintiff may declare the entire indebtedness secured by the Mortgage immediately due and payable and commence an action to foreclose the Defendant’s rights in the Mortgaged Premises and sell them pursuant to applicable law. 16. The Note and Mortgage obligates the Defendant, to pay Plaintiff's reasonable attorney's fees in the event of a default and in any action to foreclose the Mortgage. 17. The Mortgagor defaulted on the Mortgage on June 1, 2023 and since that date has failed to comply with the conditions of the Mortgage by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges. 18. As a result of the foregoing and in accordance with its rights under the Note and Mortgage, and any Loan Modification, Plaintiff has elected to exercise its option to demand immediate payment in full of the amounts outstanding under the Note and Mortgage and has notified the Defendant of its decision to demand immediate payment in full. 19. As a result of the Defendant’s failure to pay the obligation under the Note and Mortgage and any loan modifications, there is now due and owing to Plaintiff on the principal of the Mortgage the sum of $174,327.66, together with accrued interest from May 1, 2023 at the present rate of 4.25000% as stated in the Note and Mortgage, and any Loan Modification, and such other payments as are set forth in the Note and Mortgage. Notwithstanding the foregoing, Plaintiff seeks the unpaid principal balance, interest arrears, escrows and such other payments as may be due under the Note and Mortgage as may be collected under applicable New York law. Plaintiff does not seek to sue or collect on any debt that may be barred under the statute of limitations. 20. In order to protect the value of the property and its rights in the property, the Plaintiff may have to pay additional taxes, assessments, water charges, insurance premiums and other charges and 6 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 the costs, allowances, expenses of sale, and reasonable attorney's fees for the foreclosure. Plaintiff requests that any amount it pays, together with interest, be included in the total amount due. 21. The Mortgage provides that, in the case of foreclosure, the Mortgaged Premises may be sold in one parcel. 22. That in order to protect its security, Plaintiff may be compelled during the pendency of this action to make repairs to, board, secure, protect and maintain the premises, to pay taxes, assessments, water rates, sewer rentals, insurance premiums, mortgage insurance premiums, if there be any, and other charges affecting the premises, and the Plaintiff requests that any sum so paid be added to the sum otherwise due, with interest as provided in the aforesaid instruments, and be deemed secured by said instruments and adjudged a valid lien on the Premises hereinabove described. 23. That the Plaintiff requests that in the event this action proceeds to Judgment of Foreclosure and Sale, said premises be sold subject to covenants, restrictions and easements, prior mortgages and liens, and amendments, if any, of record; any state of facts an accurate survey may show; restrictions, regulations, ordinances and zoning ordinances of any municipal or governmental authority having jurisdiction thereof; and municipal, departmental and other governmental violations, if any, affecting the premises; and real estate taxes, sewer rents, water charges, if any, open of record. 24. The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Mortgage and any Loan Modification occurring prior to the discontinuance of this action are fully paid. 25. In the event the Plaintiff possesses any other liens against the Mortgaged Premises either by way of a junior mortgage or otherwise, the Plaintiff requests that such other liens shall not be merged into the cause of action set forth in this complaint, but that the Plaintiff shall be permitted to enforce said other liens and seek determination of the priority thereof in any independent action or proceeding including without limitation any surplus money proceeding. 26. No separate pending action was brought to recover any part of the mortgage debt or if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff to discontinue it. WHEREFORE, Plaintiff demands judgment against the defendants as follows: 7 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 (a) Defendants and all persons claiming under said defendants or any of them subsequent to the filing of a Notice of Pendency of this action in the appropriate County Clerk's Office, and every person whose conveyance is subsequent or subsequently recorded, be barred and foreclosed of all right, title claim or lien and equity of redemption in said mortgaged premises; that such mortgaged premises be decreed to be sold as one parcel, subject to and should be sold subject to any state of facts an accurate survey or inspection of the premises would show, encroachments, covenants, restrictions, agreements and easements of record, if any, real estate taxes and zoning restrictions and otherwise of any governmental authority having jurisdiction thereover affecting said premises and any prior mortgages or liens of record and the rights of the United States of America to redeem the Mortgaged Premises, and that the monies arising from said lien be paid into Court; (b) That the Court direct that the Mortgaged Premises can be sold according to law, in one parcel or otherwise as equity may require; (c) That a receiver be appointed for the property, if requested by Plaintiff; (d) That the monies arising from the sale of the Mortgaged Premises may be brought into Court or paid to the Plaintiff in accordance with RPAPL§ 1354. (e) That the monies due to Plaintiff on the Mortgage may be adjudged and computed; (f) That Plaintiff may be paid the amount adjudged to be due on the Mortgage with interest at the time of such payment, together with any monies advanced and paid pursuant to any term or provision of the Mortgage so as to protect the lien of the Mortgage, and together with taxes, insurance premiums and all other charges and liens paid thereon with interest upon said amount from the date of the respective payments and advances, together with all amounts due by virtue of statutory costs, allowances and attorney's fees, together with any reasonable attorney's fees over and above the amounts covered by the statutory attorney's fees, together with the expenses of the sale insofar as the amount of such monies properly applicable thereto will pay the same; (g) That if the proceeds of the sale of the Mortgaged Premises are insufficient to pay the amount found due to Plaintiff as set forth in the immediately preceding paragraph, the officer making the sale be required by the judgment of sale herein to specify the amount of such deficiency in the report of sale; (h) The obligor on the Note may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligor was 8 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 discharged in bankruptcy; (i) That Plaintiff be awarded reasonable attorney's fees as provided in the Note and Mortgage, as well as the costs and disbursements of this action; and (j) That Plaintiff has such other and further relief as may be just and proper Dated: June 19, 2024 Tromberg, Morris & Partners, PLLC By: ____________________________ Catherine Welker Attorneys for Plaintiff 39 Broadway, Suite 1250, New York, NY 10006 Phone: (800) 280-6205 Fax: 212-227-9656 9 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 INDEX # SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATIONSTAR MORTGAGE LLC Plaintiff, -against- EDRIS LEWIS-BACCHIANO; MEADOWWOOD AT GATEWAY CONDOMINIUM; and "John Doe" and/or "Jane Doe" # 1-10 inclusive, the last ten names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the premises described in the complaint Defendant(s) SUMMONS AND COMPLAINT Tromberg, Morris & Partners, PLLC Attorneys for Plaintiff 39 Broadway, Suite 1250, New York, NY 10006 Phone: (800) 280-6205 Fax: 212-227-9656 Our file #: 23-001641 10 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATIONSTAR MORTGAGE LLC Index No. Plaintiff, -against- EDRIS LEWIS-BACCHIANO; MEADOWWOOD AT GATEWAY CONDOMINIUM; ''JOHN DOES'' and ''JANE DOES,'' said names being fictitious, parties intended being possible tenants or occupants of premises and corporations, other entities or persons who have, claim, or may claim, a lien against or other interest in, the premises, Defendant(s). NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING SUPREME COURT CASES PLEASE TAKE NOTICE that Plaintiff(s)/petitioner(s) [defendant(s)/respondent(s)] in the case captioned above intends that this matter proceed as an electronically-filed case in the New York State Courts Electronic Filing System ("NYSCEF") in accordance with the procedures therefor, set forth in Uniform Rule 202.5-b and described below. Under that Rule, filing and service of papers by electronic means cannot be made by a party nor can electronic service be made upon a party unless that party has consented to use of the System for the case in question. Each party served with this Notice must promptly file with the court and serve on all other parties either a consent or a declination of consent to electronic filing and service through NYSCEF for this case. (See Instruction # 2 below.) General Information Electronic filing offers significant benefits for attorneys and litigants, permitting documents to be filed with the County Clerk and the court and served, between or among consenting parties, by posting the documents on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. There is no fee to use the NYSCEF System, whether for filing, service, or consultation of the electronic docket, nor is there a charge to print documents from the docket. Normal filing fees must be paid, but this can be done by credit or bank card on-line. For additional procedures 11 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 and information, see Uniform Rule 202.5-b, any e-filing protocol that may have been promulgated by the court in question, and the NYSCEF Website at www.nycourts.gov/efile. Instructions 1. Service of this Notice constitutes consent to e-filing and a statement of intent by the undersigned to use the NYSCEF System in this case. When an action or proceeding is being commenced through the NYSCEF System, this Notice must accompany service of the initiating papers. 2. Each party served with this Notice may consent to e-filing either: (i) by filing with the court and serving on all parties of record a consent to e-filing, or (ii) if an authorized e-filing user, by filing a consent electronically in the manner provided at the NYSCEF site. Parties who do not wish to consent must file and serve a written declination of consent. If one party or some but fewer than all parties consent, NYSCEF may be used by and between or among consenting parties. 3. Each participating attorney, unless already registered, or self-represented party must PROMPTLY create a NYSCEF account and obtain the confidential Filing User Identification Number and Password necessary to use the system. To create a NYSCEF account, go to www.nycourts.gov/efile, click the Create an Account link, and follow the instructions. 4. For additional information about NYSCEF, see the User's Manual and Frequently Asked Questions on the Website, or contact the court in question or the NYSCEF Resource Center (at 646- 386-3033 or efile@courts.state.ny.us). Dated: June 19, 2024 Tromberg, Morris & Partners, PLLC By: ____________________________ Catherine Welker Attorneys for Plaintiff 39 Broadway, Suite 1250, New York, NY 10006 Phone: (800) 280-6205 Fax: 212-227-9656 12 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SCHEDULE A THAT CERTAIN CONDOMINIUM UNIT TOGETHER WITH THE APPURTENANT INTEREST IN THE COMMON ELEMENTS IN THE FAIRFIELD TOWERS CONDOMINIUM (THE "CONDOMINIUM") KNOWN BY THE UNIT NUMBER 14-5H, SITUATE, LYING AND BEING IN THE BOROUGH OF BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF NEW YORK, SAID UNITS BEING DESIGNATED AND DESCRIBED IN A CERTAIN DECLARATION DATED MAY 5, 1994 (THE "DECLARATION"), MADE BY FAIRFIELD PRESIDENTIAL ASSOCIATES PURSUANT TO ARTICLE 9B OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF THE BUILDINGS (COLLECTIVELY, THE "BUILDING") AND THE LAND (HEREINAFTER REFERRED TO AS THE "LAND") UPON WHICH THE BUILDING IS SITUATE, WHICH DECLARATION WAS RECORDED IN THE OFFICE OF THE REGISTER OF CITY OF NEW YORK, COUNTY OF KINGS (THE "CITY REGISTER`S OFFICE") ON MAY 27, 1994 IN REEL 3301, AT PAGE 1068 AS CONDOMINIUM NO. 468. THE UNIT IS ALSO DESIGNATED ON THE TAX MAP OF THE REAL PROPERTY ASSESSMENT DEPARTMENT OF THE CITY OF NEW YORK FOR THE BOROUGH OF BROOKLYN BY LOT 1367 IN BLOCK 4423 AND ON THE FLOOR PLANS OF THE BUILDING CERTIFIED BY HERBERT FLEISCHER ASSOCIATES ON MAY 17, 1994, AND FILED WITH THE REAL PROPERTY ASSESSMENT DEPARTMENT OF THE CITY OF NEW YORK AND THE CITY REGISTER`S OFFICE ON MAY 27, 1994, AS CONDOMINIUM MAP NO. 5087. TOGETHER WITH A 0.1001% INTEREST IN THE COMMON ELEMENTS (AS MORE FULLY SET FORTH AND DEFINED IN THE DECLARATION. Property Address: 400 Cozine Avenue Unit 14-5H, Brooklyn, NY 11207 13 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SCHEDULE B EDRIS LEWIS-BACCHIANO is named herein as party defendant because she is the certified owner of the subject premises, is the obligor under the note and she mortgaged her interest. MEADOWWOOD AT GATEWAY CONDOMINIUM is named herein as party defendant because it has or claims to have a judgment; Dated: 11/04/2020; Recorded: 01/13/2021, In favor of: MEADOWWOOD AT GATEWAY CONDOMINIUM, Against: EDRIS LEWIS-BACCHIANO, Amount: $80,528.85, which is subordinate to Plaintiff. 14 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 MIN : . .. Loan . Nun¦er NOTE AUGUS T 1 O, 2 O10 PARSIPPANY . .NEW JEVSEY [city] . . [state] [oate] . . 400 COZINE AVENUEUNI T 14 - 5H, BROOKLYN, NEWYORK 112 O7 [Property Address] 1. PARTIES "Borrower" person' means each person signing at the end of this Note, and the s successors and assigns. "Lender" means RESIDENT IAL HOMEFUNDINGCORP. NEWYORK , A . COltPORATION and its successors and assigns. 2 BORROWERtS PROMISETO PAY; IETEREST ... Ini return for a loan received from . Leader .Borrowec promises to pay the principal sum of TWO HUNDREDFI FTY - TUREETHOUSANDEIGHT EUNDREDEIGHTY- SIX AND OO/10 0 D.ollars (U.S. $ 2 53 , 8 8 6 . O O ), plus interest, to the order of Lender c Interest be charged on unpaid priFcipal, will from the date of disbursement of the loan proceeds by Lender, at the rate of FOURAND 5 0 O /10 0 0 . percent ( 4 .. 5 O Q %) per year until the full amount of principal has been paid. . ..3. PRQMISETO PAYSECyRED .. Borrower's promise to pay is secured by a mortgage, deed of.trust or similar security instrumeFt that is dated Instrument." the same date as this Note and called the "Security The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANN.EROF PAYMENT (A) .Time Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning on OCTOBER1 , 2 O10 Any principal and interest remaining on the 1s t day of " SEPTEMBER, 2 O4 O , will be due on.that date; which is called the "Maturity Date (B). Place Payment shall be made at P . O . BOX 53 0 3 , PARSIP PANY, NEWJERSEY 0 7 05 4 , or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 1, 2 8 6 ; 4 O This amount will be part of a larger monthly payment required by the Security Instrument,.. that shall be .applied to principal, interest and other items in the order described in the Security Instrument; (D) Allonge to this Note for Payment Adjustuments If an allonge providing for payment adjustments is.executed by Borrower together with thisNote,. the covenants of the allonge shall be incorporated into and shall amend and supplement the .coveFants of this Note as if the allonge were a part of this Note. MUErlSTATE H FlXED RATENOTE DocMagic Guev¤as 800-e49-f s62 USFHANTE 09/25/09 Page 1 of 3 www¬docmagic.com 15 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 (Check applicable box.) Growing Equity Allonge Graduated Payment Allonge Other [specify]: 5 RIGHT TO PREPAY BORROWER'S Borrower has the right to pay the debt evidenced by this.Eote, in whole or in part, without charge or penalty, on the first day.of any sqnth Lender shall acpept prepayment on oDer days pr.oyided that Barrqwer pays interest on the amount prepaid for the remainder of the month to the e tent required by Lender and permitted by regulations of the Secretary¤f Borrower makesa partial prepayment, there will be no.changes in the due date or in the amount of the monthly payment unless Leader agrees in writing to those changes. 6. ElORROWER'SFAILURETO PAY (A) Late Charge for Overdue Payments If Leader has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOURAND OO 0 /10 O0 percent ( 4 . 0 0 O %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment.defaults, require immediate payment in full of the p incipal balance remaining due and all accrued interest. 5Lender may choose not to exercise this .option without waiving its rights in the event of any subsequent default. In manycircumstances, regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the caseof payment defaults. This Note does not authorize acceleration when not permitted by HUDregulations. As used in this Note, Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C). Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may.require Borrower to pay costs attorneys' and expenses including reasonable and customary fees for enforcing this Note to the extent not prohibited by .applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAlVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice "Presentment" of dishonor. means the right to require LeFder to demand payment of amounts due. "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of B9rrower's different address. Any notice that must be given to Lender under this.Note will be given by delivering it or by mailing it by first class mail to Lender at the address stated in Paragraph 4(B) or.at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONSOFPERSONS THIS NOTE UNDER If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in thisNote, inclFding the promise to pay the full amount owed Any person who is a guarantor, sprety or endorser of this Note is also obligated to do these things. Any perspn who takes over these obligatipps, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of tbe promises made in - MULTISTATE - FHAFlXED RATENOTE DocMagictRamaaoo-a49-1362 USFHA.NTE 09/25/09 Page 2 of 3 www.docmagic.com 16 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 - this Note. Lender may.enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed underi this Note. BY SIGNINGBELOW,Borrower accepts and agrees to the terms and covenants.contained in this Note. eal) (Seal) DRIS LEWIS - BACCHIANO -Borrower -Borrower (Seal) ..... . . . .. (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower - [Sign Original Only] MULTISTATE- FHAFlXED RATENOTE £Riews 800-e49.5a62 DocMagic USFHANTE 09/25/09 Page 3 of 3 www.dcamagic.com 17 of 88 FILED: KINGS COUNTY CLERK 06/19/2024 05:03 PM INDEX NO. 516936/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 Alfonge To Note Loan Number: Allonge to Note Date: 8/10/2010 Executed By: