Preview
FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONEIDA
SUMMONS
_____________________________________________
INDEX #
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT Original filed with Clerk
IN ITS INDIVIDUAL TRUST CAPACITY ______________
BUT SOLELY AS OWNER TRUSTEE FOR
RCF 2 ACQUISITION TRUST, Plaintiff Designates Oneida
County as the Place of Trial
Plaintiff,
The Basis of Venue is that the
-against- subject action is situated
Oneida County
RICHARD D. HULSER; JENNIFER GOTTHARDT; Premises:
FAXTON ST. LUKE’S HEALTHCARE, and JOHN 6179 Bartlett Road
DOE AND JANE DOE #1 through #7, the last seven (7) Rome, NY 13440
names being fictitious and unknown to the Plaintiff, the
persons or parties intended being the tenants, occupants,
persons or parties, if any, having or claiming an interest in
or lien upon the mortgaged premises described in the
complaint,
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 U.S. BANK TRUST NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL TRUST CAPACITY
BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION
TRUST AND FILING THE ANSWER WITH THE COURT.
Dated: Uniondale, New York
June 28
________________, 2024
Respectfully submitted,
Pincus Law Group, PLLC.
By:__________________________________________
George J. Weissinger, Esq.
Attorneys for Plaintiff
425 RXR Plaza
Uniondale, NY 11556
516-699-8902
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONEIDA
_____________________________________________
U.S. BANK TRUST NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL TRUST CAPACITY COMPLAINT
BUT SOLELY AS OWNER TRUSTEE FOR
RCF 2 ACQUISITION TRUST, INDEX #
Plaintiff,
-against-
RICHARD D. HULSER; JENNIFER GOTTHARDT;
FAXTON ST. LUKE’S HEALTHCARE, and JOHN
DOE AND JANE DOE #1 through #7, the last seven (7)
names being fictitious and unknown to the Plaintiff, the
persons or parties intended being the tenants, occupants,
persons or parties, if any, having or claiming an interest
in or lien upon the mortgaged premises described in the
complaint,
Defendants.
_____________________________________________
Plaintiff, U.S. Bank Trust National Association, not in its individual trust capacity but
solely as owner trustee for RCF 2 Acquisition Trust, by its attorneys, 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
Corporation organized and existing under and by virtue of the laws of the United States of
America.
2. On November 2, 2007, Richard D. Hulser, executed and delivered to Homestead
Financial Services, Inc., a note (hereinafter “the Note”) in the principal sum of $55,825.00. A
copy of the Note is annexed hereto as Exhibit “A”.
3. On November 2, 2007, Richard D. Hulser and Jennifer Gotthardt (hereinafter
“Mortgagors”), executed and delivered to Mortgage Electronic Registration Systems, Inc., as
nominee for Homestead Financial Services, Inc., a mortgage (hereinafter “the Mortgage”) in the
principal sum of $55,825.00 with interest, mortgaging the premises known as 6179 Bartlett Road,
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Rome, NY 13440 (“the Premises”) as collateral security for the Note. The Premises are more fully
described in Schedule A annexed hereto.
4. The Mortgage was recorded on November 8, 2007, at Instrument # 2007-022816,
in the Office of the Clerk of Oneida County, New York. A copy of the Mortgage is annexed hereto
as Exhibit “B”. The mortgage was modified by a Loan Modification Agreement dated April 29,
2010 to form a new principal balance of $66,662.01. The mortgage was again modified by a Loan
Modification Agreement dated December 18, 2014 to form a new principal balance of $92,796.08.
The mortgage was further modified by a Loan Modification Agreement effective n September 25,
2017 to form a new principal balance of $105,722.88. Copies of the Loan Modification
Agreements are annexed collectively hereto as Exhibit “C”. The Mortgage was ultimately
assigned to U.S. Bank Trust National Association, not in its individual trust capacity but solely as
owner trustee for RCF 2 Acquisition Trust as evidenced by assignment of mortgage recorded
in the Oneida County Clerk’s Office on June 5, 2024 at Instrument # 2024-006350. Copies
of the Assignments are collectively annexed hereto as Exhibit “D”.
5. Pursuant to the Loan Modification Agreements, the Mortgagors promised to make
consecutive monthly payments of principal and interest in accordance with the terms of the
Agreement.
6. Pursuant to the Mortgage, the Mortgagors promised to pay, in addition to principal
and interest, all amounts necessary to pay for taxes, assessments, leasehold payments or ground
rents (if any), hazard insurance and mortgage insurance.
7. The Mortgagors defaulted on their obligation under the terms of the Note and
Mortgage by failing and omitting to pay to the Plaintiff payments due on December 1, 2022 and
said default has continued for a period in excess of fifteen (15) days.
8. Plaintiff notified the Mortgagors of the default under the terms of the Note and
Mortgage however, the Mortgagor failed to remedy the default.
9. 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.
10. By reason of the foregoing, there is now due and owing from the Mortgagors to
Plaintiff the principal sum of $89,697.34 plus interest and late charges.
11. The Note provides that in the event any installment shall become overdue for a
period in excess of fifteen (15) days a late charge of 4.000% on the overdue sum may be charged
for the purpose of defraying the expense in handling such delinquent payment.
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12. The Mortgage further provides that in the event of default by the Mortgagors,
Plaintiff may recover all costs, including reasonable attorneys’ fees, disbursements, and
allowances provided by law in bringing any action to protect its interest in the premises.
13. 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.
14. 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.
15. The Plaintiff is now and was at the commencement of the within action the owner
of the Note and Mortgage securing the same or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject Mortgage and Note, and the
within subject Mortgage complies with the underwriting standards in §6-m of the Banking Law,
as well as the pre-foreclosure notice requirements, unless exempt from doing so.
16. Plaintiff has complied with all provisions of Banking Law §§ 595-a, 6-1 and 6-m,
Real Property Actions and Proceedings Law §§ 1304 and 1306, and any rules and regulations
promulgated thereunder, if applicable.
17. 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 Premises or some part
thereof, which interest or lien, if any, is subject and subordinate to the lien of the Plaintiff’s
Mortgage.
18. That each and all defendants herein 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, has accrued
subsequently to the lien of said mortgage, and is subject subordinate thereto. The liens of
defendants who are judgment creditors that were filed prior to origination of the mortgage are
subordinate to the lien of Plaintiff inasmuch as Plaintiff’s mortgage is a purchase money mortgage.
19. That any government agencies or instrumentalities are named as defendants herein
solely by reason of a lien as set forth herein as Schedule B.
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20. That if the premises consist of more than one parcel, Plaintiff respectfully requests
that the judgment of foreclosure provide for the parcels be sold as one parcel.
21. There are no pending proceedings at law or otherwise to collect or enforce said
Note and Mortgage.
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 Oneida 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 premises be sold according to law;
C. that the amount due to Plaintiff on its Note and Mortgage may be adjudged;
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, Richard D. Hulser, 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.
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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.
Dated: Uniondale, New York
June 28
________________, 2024
Respectfully submitted,
Pincus Law Group, PLLC.
By:__________________________________________
George J. Weissinger, Esq.
Attorneys for Plaintiff
425 RXR Plaza
Uniondale, NY 11556
516-699-8902
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SCHEDULEA: LEGALDESCRIPTION
All that certain Lot(s), piece(s) or parcel(s) of land, with the buildings and improvements thereon
erected, situate, lying and being in the Rome, Oneida County, State of NY
All that tractor parcel of land situate in the Town of Westmoreland, County of
Oneida and State of NewYork, bounded and described as follows: Beginning
100 feet southerly of the point where the line dividing the lands of Gertude
Bachhuber, reputed owner on the North and the lands of Donald Deptola hereto
intersects the center line of Bartlett Road (said division line being 200 feet
southerly of the center line of Dix Road): thence from said point of beginning in a
general southerly direction and along the center line of said Bartlett Road a
distance of 100 feet to a point; thence at an angle in a general westerly direction
and on a line parallel to said division line a distance of 200 feet to a stake;
thence at an angle in a general northerly direction and on a line parallel to said
Bartlett Road a distance of 100 feet to a stake; thence at an angle in a general
easterly direction and on a line parallel to the said division line a distance of 200
feet to the center line of said Bartlett Road and the point or place of beginning.
NOTE: The subject mortgage was given in 2007 and covers Lot 12 ONLY. Lot 11 was not acquired
by the borrower until 2017. The only assessed lot is Lot 12 as Lot 11 is now part of Lot 12.
NOTE: 6179 Bartlett Road, Tax Lot(s) 12, Tax Block 2, Section 284.000 Rome, Oneida County,
State of NY
NOTE: Lot and Block shown for informational purposes only.
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EXHIBIT
A
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NOVEMBER
NOTE
2, 200 (New York)
Pªtel 6179 Bartlett Road
Rome, NY 13440
[Property Address]
1. PARTIES
"Borrower"
means each person signing at the end of this Note, and the person' s successors and assigns.
"Lender"
means HOMESTEAD FINANCIAL SERVICES,INC.
5795 Widewaters Parkway
and its successors and assigns.
2. BORROWER'S
PROMISETO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
FIFTY-FIVE THOUSAND
EIGHTHUNDRED
TWENTY-FIVEAINT 00/100
Dollars (U.S. $ 55,825.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid
principal, from the date of disbursement of the loan proceeds by Lender, at the rate of
SEVENANDONEHALF
percent ( 7.500 %) per year until the full amount of principal has been paid.
3. PROMISETOPAYSECURED
Borrower'
s promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the
same date as this Note and called the " Security Instrument". That Security Instrument protects the Lender from
losses which might result if Borrower defaults under this Note.
4. MANNER
OFPAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
JANUARY1, 2008 . Any principal and interest remaining on the first day of December 1
2022 , will be due on that date, which is called the maturity date.
(B) Place
Payment shall be made at
5795 WIDEWATERS PARKWAY,SYRACUSE, YORK13214 NEW
or at such 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. $ 517.50 . This
amount will be part of a larger monthly payment required by the that shall be applied to
Security Instrument,
principal, interest and other items in the order described in the Security Instrument.
(D) Allonge to this Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants
of the allonge shall be incorporated into and shall amendand supplement the covenants of this Note as if the allonge
were a art of this Note. [Check applicable box.
Graduated Payment Allonge Growing Equity Allonge
Other [Specify]
5. BORROWER'S
RIGHTTOPREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or on
penalty,
the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the
amount prepaid for the remainder of the month to the extent required by Lender and permitted
by regulations of the
Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the
monthly payment unless Lender agrees in writing to those changes.
6. BORROWER'S
FAILURE TOPAY
(A) Late Charge for Overdue Payments
If Lender 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 FOUR
percent ( 4.000 %) 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
NEWYORK- FHA Fixed Rate Note
Form 99033 1/96
Laser Forms inc. (8 00) 446-3555
LFI # FHA990331/99 Page 1 of 2 Initials:
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regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal
balance remaining due and all accrued,dnterestKLeadepna chaose npt to exercise this option without waiving its
rights in the event of any subsequetitadefabit.è kmarty-
known to me or proved to me on the basis f satisfactory evidence to be the individual(s)
fU , personally
whose name(s)
f
is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the
/person upon behalf of which the individual(s) acted, executed the instrument.
Sworn to before me this
day of N
20(O
PÔÔ 222 PM
. ASSIGNMENT
MORTGAGE
Notary Pubh
2 Pages Clerk
Sandra J. DePerno. Oneida County
RECOR
D& RETURNTO: poxux 3-m-aco-×-exxxy-
. . ,
CINDVBUHKHART
Notary Public
Closing USA, LLC STATEOFTEXAS
250 Mile Crossing Blvd., Suite 4 þ Mycomm. E:Æ. o7-24-13
Rochester, NewYork 14624
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- STATEOF NEWYORK
ONElDACOUNTY
SANDRAJ. DEPERNOCOUNTY CLERK
800 PARKAVENUE,UTICA, NEWYORK13501
COUNTY CLERK'SRECORDING
PAGE
***THIS -DO NOTDETACH***
PAGEIS PARTOFTHE DOCUMENT
Recording:
Cover Page 20.00
1111 111111111111I1111
Number of Pages 10.00
Records Management - Stat 4. 75
Records Management - Coun 1.00
Cultural Ed 14.25
Number of Notations 0.50
INSTRUMENT#: 2013-016623
Recei pt#: 2013544501 Total : 50. 50
Cl erk : LG
**** NOTICE: THIS IS NOT A BILL ****
Rec Date: 09/24/2013 12:02: 32 PM
Doc Grp: RP
Descri p: ASSIGNMENT
MORTGAGE
Num Pgs : 2
Party1: BANKOF AMERICA NA
Party2 SECRETARYOF HOUSING& URBAN
:
DEVELOPMENT
Record and Return To:
CT LIEN SOLUTIONS
P O BOX 29071
GLENDALECA 91209-9071
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Recording requested by:
BANK OF AMERICA, N.A.
SUCCESSOR BY MERGER TO BAC
HOMELOANS SERVICING, LP, FKA
COUNTRYWIDE HOMELOANS
SERVICING , LP
. .. ION ASSIGNMENTOF et
For value received, the undersigned, BANK OF AMERICA, N.A. SUCCESSOR BY
MERGERTO BAC HOMELOANSSERVICING, LP FKA COUNTRYWIDE HOMELOANSSERVICING
, LP, 101 S. MARENGO AVE, 4TH FLOOR, PÅSADENA,CA 91101, hereby grants,
assigns and transfers to:
SECRETARYOF HOUSINGAND URBANDEVELOPMENT
451 /IH STREL1, S.W. WASHINuiON, U.C. 20410
All 1ts interest under that certain Mortgage dated 12/0J./U/, executed by:
RICHARDD. HUSLERand JENNIFER GOTTHARDT,Mortgagor as per MORTGAGE recorded
as Instrument No. 2007-022816 on 11/08/07 in Bookm Page
of official records in the County Recorder' s Office of ONEIDA County, NEW
YORK.
Tax Parcel = 306800274.000-2-12, WESTMORELAND TOWNTAX COLLECTOR
Original Mortgage $55,825.00
6179 BARTLETTROAD, ROME, NY 13440
Together with the Note or Notes therein described or referred to, the money
due and to become due thereon with interest, and all rights accrued or to
accrue under said Mortgage.
Thi s assignment is not subject to the requirements of Section 275 of the Real
Pro erty Law because it is an assignment within the secondary mortgage
mar et
Dated: 06/04/2013 BANK OF AMERICA, N.A. SUCCESSOR
BY MERGER
TO BAC HOME
LOANSSERVICING, LP, FKA COUNTRYWIDE
HOMELOANS
SER ICING , LP
By
State of California
County of Los Angeles
On 06/04/2013 before me, MARTINE F .S. HENRY , Notary Public personally
appeared MARIA QUEZADA,who proved to me on the basi s of satisfactory
evidence to be the person(s) whose name(s) i s/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that b his/her/their
signature(s) on the instrument the person(s), or t e entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTYOF PERJURYunder the laws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature: MARTINEF.S. HENRY
MARI1NE F.S. HENRY commission#1917150
Notary Public - california
Prepared by: ERICA MEJIA z Los Angeles county
101 S. MARENGO AVE. 4TH FLOOR Mycomm.Expiressan12 2015
PASAD A. CA 91101 . . . . . . . . . . ...... .,
Phone (626) 486-3609
Clerk:LG 2013-016623
12:02:32 PM
09/24/2013
ASSIGNMENT
MORTGAGE
Clerk
Sa dra J DePerno.OneidaCounty
70 of 88
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ONEIDACOUNTY-STATEOF NEWYORK
SANDRAJ. DEPERNOCOUNTY CLERK
800 PARKAVENUE,UTICA, NEWYORK13501
COUNTY CLERK'SRECORDING
PAGE
***THIS PAGEISPARTOFTHEDOCUMENT-DO NOTDETACH***
Recording:
Cover Page 20.00
I Illllll I 1111 1111 11111 Number of Pages 10.00
Records Management - Stat 4.75
Records Management - Coun 1.00
Cultural Ed 14.25
Number of Notations 0.50
INSTRUMENT#: 2013-016624
Receipt#: 2013544503 Total: 50.50
Clerk: LG **** NOTICE: THIS IS NOT A BILL ****
Rec Date: 09/24/2013 12:05: 28 PM
Doc Grp: RP
Descrip: MORTGAGE
ASSIGNMENT
Num Pgs: 2
Party1: SECRETARYOF HOUSING& URBAN
DEVELOPMENT
Party2: BAYVIEW LOAN SERVICING LLC
Record and Return To:
CT LIEN SOLUTIONS
P O BOX 29071
GLENDALECA 91209-9071
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Recording requested by:
SECRETARY OF HOUSINGAND
URBANDEVELOPMENT BY BAYVIEW
LOANSERVICING, LLC ITS
ATTORNEYIN FACT
"'
TION ASSIGNMENTOF
For value received, the undersi ned SECRETARYOF HOUSINGAND URBAN
DEVELOPMENT BY BAYVIEWLOANSERÎICICG, LLC ITS ATTORNEYIN FACT, 451 7TH
STREETS.W. WASHINGTON,D.C. 20410, hereby grants, assigns and transfers to:
BAYVIEWLOAN SERVICING LLC
4425 PONCEDE LEON BLV6 5TH FLOORCORALGABLES, FL 33146
All its interest under that certain Mortgage dated 12/01/U/, executed by:
RICHARDD. HUSLERand JENNIFER GOTTHARDT,Mort or as per MORTGAGE recorded
as Instrument No. 2007-022816 on 11/08/07 in B Page
of official records in the County Recorder's Office of ONEIDA County, NEW
YORK.
Tax Parcel = 306800274.000-2-12, WESTMORELAND TOWNTAX COLLECTOR
Original Mortgage $55,825.00
6179 BARTLETTROAD, ROME, NY 13440
Together with the Note or Notes therein described or referred to, the money
due and to become due thereon with interest, and all rights accrued or to
accrue under said Mortgage.
This assignment is not subject to the requirements of Section 275 of the Real
Pro erty aw because it is an assignment within the secondary mortgage
mar et.
Dated:
\b SECRETARY
OF HOUSINGAND URBANDEVELOPMENT BY BAYVIEW
LOANSERVICING, LLC ITS ATTORNEYIN FACT
By
LAURAM. HARIMANN,VICE PRL IDENI
State of F ORDIA
Count of IAMI-DADE
On efore me ROGELIOA PORTAL , Notar Public, ersonall
appeared LAURA M. HARTMNN who proved to me on t e basis o satisfa tory
evidence to be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her their authorized capacit (ies), and that b his/her/their
signature(s) on the instrument t e person(s), or t e entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTYOF PERJURYunder the laws of the State of FLORDIA
that the foregoing para aph is true and correct.
Witness my hand and off ial seal.
Signature: . ., poc m
ROGEL10A PO TAL
Prepared b : JOSHUAA. NEAL MY ens9
commiss
101 S. MARNGOAVE. 4TH FLOOR
PASAD A, CA 91101 ,gr-
Phone (626) 486-3619
2013-016624
12:o5:28 PM
o9/24/2013
MORTGAGE
ASSIGNMENT
2 Pages
SandraJ. DePemo,OneidaCountyClerk
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. . - STATEOF NEWYORK
ONEIDACOUNTY
SANDRA COUNTY
J. DEPERNO CLERK
NEWYORK13501
800 PARKAVENUE,UTICA,
COUNTYCLERK'S RECORDING
PAGE
***THIS - DONOTDETACH***
PAGEIS PARTOFTHE DOCUMENT
Recording:
Cover Page 20.00
I11111 IIIll I II 1111 IIII II Number of Pages 15 . 00
Records Management - Stat 4.75
Records Management - Coun 1. 00
Cultural Ed 14.25
INSTRUMENT# : 2021-005329 Number of Notations 0 . 50
Receipt# : 2021102 6713
Clerk: GA Total: 55 . 50
Rec Date : 0 4 /01/2021 10 : 39 : 57 AM **** NOTICE: THIS IS NOT A BILL ****
Doc Grp: RP
Descrip: MORTGAGE ASSIGNMENT
Num Pgs : 3
Partyl: COMMUNITYLOAN SERVICING LLC FKA
BAYVIEW LOAN SERVICING LLC
Party2 : BAYVIEW DISPOSITIONS IIIA LLC
Record and Return To: ass
hereby certify that the within and foregoing was recorded in the
I
Oneida County Clerk's Office, State of New York. This sheet
ELECTRONICALLYRECORDEDBY SIMPLIFIdnstitutesthe Clerks endorsement required by Section 316 of the
Keal Property Law of the State of NewYork.
Sandra l DePerno
Oneida County Clerk
73 of 88
FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024
Recording Requested By:
WhenRecorded Mail To:
CORPORATE
ASSIGNMENT
OFMORTGAGE
NY/ONElDA
Assignment Prepared on: March 18, 2021
ASSIGNOR:COMMUNITY LOANSERVICING, LLC F/K/A BAYVIEWLOANSERVICING, LLC, at 4425
PONCEDELEONBLVD., STHFLOOR,CORALGABLES, FL, 33146
ASSIGNEE:BAYVIEWDISPOSITIONSIIIA, LLC, at 4425 PONCEDELEONBLVD., 5TH FLOOR,CORAL
GABLES,FL, 33146
For value received, the Assignor does hereby grant, sell, assign, transfer and convey, unto the above-named
Assignee all interest under that certain Mortgage Dated 11/2/2007, in the amount of $55,825.00, executed
Preview
FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA SUMMONS _____________________________________________ INDEX # U.S. BANK TRUST NATIONAL ASSOCIATION, NOT Original filed with Clerk IN ITS INDIVIDUAL TRUST CAPACITY ______________ BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST, Plaintiff Designates Oneida County as the Place of Trial Plaintiff, The Basis of Venue is that the -against- subject action is situated Oneida County RICHARD D. HULSER; JENNIFER GOTTHARDT; Premises: FAXTON ST. LUKE’S HEALTHCARE, and JOHN 6179 Bartlett Road DOE AND JANE DOE #1 through #7, the last seven (7) Rome, NY 13440 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the tenants, occupants, persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, 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. 1 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 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 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL TRUST CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST AND FILING THE ANSWER WITH THE COURT. Dated: Uniondale, New York June 28 ________________, 2024 Respectfully submitted, Pincus Law Group, PLLC. By:__________________________________________ George J. Weissinger, Esq. Attorneys for Plaintiff 425 RXR Plaza Uniondale, NY 11556 516-699-8902 2 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA _____________________________________________ U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL TRUST CAPACITY COMPLAINT BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST, INDEX # Plaintiff, -against- RICHARD D. HULSER; JENNIFER GOTTHARDT; FAXTON ST. LUKE’S HEALTHCARE, and JOHN DOE AND JANE DOE #1 through #7, the last seven (7) names being fictitious and unknown to the Plaintiff, the persons or parties intended being the tenants, occupants, persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. _____________________________________________ Plaintiff, U.S. Bank Trust National Association, not in its individual trust capacity but solely as owner trustee for RCF 2 Acquisition Trust, by its attorneys, 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 Corporation organized and existing under and by virtue of the laws of the United States of America. 2. On November 2, 2007, Richard D. Hulser, executed and delivered to Homestead Financial Services, Inc., a note (hereinafter “the Note”) in the principal sum of $55,825.00. A copy of the Note is annexed hereto as Exhibit “A”. 3. On November 2, 2007, Richard D. Hulser and Jennifer Gotthardt (hereinafter “Mortgagors”), executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Homestead Financial Services, Inc., a mortgage (hereinafter “the Mortgage”) in the principal sum of $55,825.00 with interest, mortgaging the premises known as 6179 Bartlett Road, 3 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 Rome, NY 13440 (“the Premises”) as collateral security for the Note. The Premises are more fully described in Schedule A annexed hereto. 4. The Mortgage was recorded on November 8, 2007, at Instrument # 2007-022816, in the Office of the Clerk of Oneida County, New York. A copy of the Mortgage is annexed hereto as Exhibit “B”. The mortgage was modified by a Loan Modification Agreement dated April 29, 2010 to form a new principal balance of $66,662.01. The mortgage was again modified by a Loan Modification Agreement dated December 18, 2014 to form a new principal balance of $92,796.08. The mortgage was further modified by a Loan Modification Agreement effective n September 25, 2017 to form a new principal balance of $105,722.88. Copies of the Loan Modification Agreements are annexed collectively hereto as Exhibit “C”. The Mortgage was ultimately assigned to U.S. Bank Trust National Association, not in its individual trust capacity but solely as owner trustee for RCF 2 Acquisition Trust as evidenced by assignment of mortgage recorded in the Oneida County Clerk’s Office on June 5, 2024 at Instrument # 2024-006350. Copies of the Assignments are collectively annexed hereto as Exhibit “D”. 5. Pursuant to the Loan Modification Agreements, the Mortgagors promised to make consecutive monthly payments of principal and interest in accordance with the terms of the Agreement. 6. Pursuant to the Mortgage, the Mortgagors promised to pay, in addition to principal and interest, all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 7. The Mortgagors defaulted on their obligation under the terms of the Note and Mortgage by failing and omitting to pay to the Plaintiff payments due on December 1, 2022 and said default has continued for a period in excess of fifteen (15) days. 8. Plaintiff notified the Mortgagors of the default under the terms of the Note and Mortgage however, the Mortgagor failed to remedy the default. 9. 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. 10. By reason of the foregoing, there is now due and owing from the Mortgagors to Plaintiff the principal sum of $89,697.34 plus interest and late charges. 11. The Note provides that in the event any installment shall become overdue for a period in excess of fifteen (15) days a late charge of 4.000% on the overdue sum may be charged for the purpose of defraying the expense in handling such delinquent payment. 4 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 12. The Mortgage further provides that in the event of default by the Mortgagors, Plaintiff may recover all costs, including reasonable attorneys’ fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises. 13. 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. 14. 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. 15. The Plaintiff is now and was at the commencement of the within action the owner of the Note and Mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject Mortgage and Note, and the within subject Mortgage complies with the underwriting standards in §6-m of the Banking Law, as well as the pre-foreclosure notice requirements, unless exempt from doing so. 16. Plaintiff has complied with all provisions of Banking Law §§ 595-a, 6-1 and 6-m, Real Property Actions and Proceedings Law §§ 1304 and 1306, and any rules and regulations promulgated thereunder, if applicable. 17. 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 Premises or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the Plaintiff’s Mortgage. 18. That each and all defendants herein 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, has accrued subsequently to the lien of said mortgage, and is subject subordinate thereto. The liens of defendants who are judgment creditors that were filed prior to origination of the mortgage are subordinate to the lien of Plaintiff inasmuch as Plaintiff’s mortgage is a purchase money mortgage. 19. That any government agencies or instrumentalities are named as defendants herein solely by reason of a lien as set forth herein as Schedule B. 5 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 20. That if the premises consist of more than one parcel, Plaintiff respectfully requests that the judgment of foreclosure provide for the parcels be sold as one parcel. 21. There are no pending proceedings at law or otherwise to collect or enforce said Note and Mortgage. 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 Oneida 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 premises be sold according to law; C. that the amount due to Plaintiff on its Note and Mortgage may be adjudged; 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, Richard D. Hulser, 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. 6 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 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. Dated: Uniondale, New York June 28 ________________, 2024 Respectfully submitted, Pincus Law Group, PLLC. By:__________________________________________ George J. Weissinger, Esq. Attorneys for Plaintiff 425 RXR Plaza Uniondale, NY 11556 516-699-8902 7 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 SCHEDULEA: LEGALDESCRIPTION All that certain Lot(s), piece(s) or parcel(s) of land, with the buildings and improvements thereon erected, situate, lying and being in the Rome, Oneida County, State of NY All that tractor parcel of land situate in the Town of Westmoreland, County of Oneida and State of NewYork, bounded and described as follows: Beginning 100 feet southerly of the point where the line dividing the lands of Gertude Bachhuber, reputed owner on the North and the lands of Donald Deptola hereto intersects the center line of Bartlett Road (said division line being 200 feet southerly of the center line of Dix Road): thence from said point of beginning in a general southerly direction and along the center line of said Bartlett Road a distance of 100 feet to a point; thence at an angle in a general westerly direction and on a line parallel to said division line a distance of 200 feet to a stake; thence at an angle in a general northerly direction and on a line parallel to said Bartlett Road a distance of 100 feet to a stake; thence at an angle in a general easterly direction and on a line parallel to the said division line a distance of 200 feet to the center line of said Bartlett Road and the point or place of beginning. NOTE: The subject mortgage was given in 2007 and covers Lot 12 ONLY. Lot 11 was not acquired by the borrower until 2017. The only assessed lot is Lot 12 as Lot 11 is now part of Lot 12. NOTE: 6179 Bartlett Road, Tax Lot(s) 12, Tax Block 2, Section 284.000 Rome, Oneida County, State of NY NOTE: Lot and Block shown for informational purposes only. 8 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 EXHIBIT A 9 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 NOVEMBER NOTE 2, 200 (New York) Pªtel 6179 Bartlett Road Rome, NY 13440 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person' s successors and assigns. "Lender" means HOMESTEAD FINANCIAL SERVICES,INC. 5795 Widewaters Parkway and its successors and assigns. 2. BORROWER'S PROMISETO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of FIFTY-FIVE THOUSAND EIGHTHUNDRED TWENTY-FIVEAINT 00/100 Dollars (U.S. $ 55,825.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SEVENANDONEHALF percent ( 7.500 %) per year until the full amount of principal has been paid. 3. PROMISETOPAYSECURED Borrower' s promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the " Security Instrument". That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OFPAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JANUARY1, 2008 . Any principal and interest remaining on the first day of December 1 2022 , will be due on that date, which is called the maturity date. (B) Place Payment shall be made at 5795 WIDEWATERS PARKWAY,SYRACUSE, YORK13214 NEW or at such 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. $ 517.50 . This amount will be part of a larger monthly payment required by the that shall be applied to Security Instrument, principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amendand supplement the covenants of this Note as if the allonge were a art of this Note. [Check applicable box. Graduated Payment Allonge Growing Equity Allonge Other [Specify] 5. BORROWER'S RIGHTTOPREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or on penalty, the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TOPAY (A) Late Charge for Overdue Payments If Lender 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 FOUR percent ( 4.000 %) 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 NEWYORK- FHA Fixed Rate Note Form 99033 1/96 Laser Forms inc. (8 00) 446-3555 LFI # FHA990331/99 Page 1 of 2 Initials: 10 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued,dnterestKLeadepna chaose npt to exercise this option without waiving its rights in the event of any subsequetitadefabit.è kmarty- known to me or proved to me on the basis f satisfactory evidence to be the individual(s) fU , personally whose name(s) f is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the /person upon behalf of which the individual(s) acted, executed the instrument. Sworn to before me this day of N 20(O PÔÔ 222 PM . ASSIGNMENT MORTGAGE Notary Pubh 2 Pages Clerk Sandra J. DePerno. Oneida County RECOR D& RETURNTO: poxux 3-m-aco-×-exxxy- . . , CINDVBUHKHART Notary Public Closing USA, LLC STATEOFTEXAS 250 Mile Crossing Blvd., Suite 4 þ Mycomm. E:Æ. o7-24-13 Rochester, NewYork 14624 68 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 - STATEOF NEWYORK ONElDACOUNTY SANDRAJ. DEPERNOCOUNTY CLERK 800 PARKAVENUE,UTICA, NEWYORK13501 COUNTY CLERK'SRECORDING PAGE ***THIS -DO NOTDETACH*** PAGEIS PARTOFTHE DOCUMENT Recording: Cover Page 20.00 1111 111111111111I1111 Number of Pages 10.00 Records Management - Stat 4. 75 Records Management - Coun 1.00 Cultural Ed 14.25 Number of Notations 0.50 INSTRUMENT#: 2013-016623 Recei pt#: 2013544501 Total : 50. 50 Cl erk : LG **** NOTICE: THIS IS NOT A BILL **** Rec Date: 09/24/2013 12:02: 32 PM Doc Grp: RP Descri p: ASSIGNMENT MORTGAGE Num Pgs : 2 Party1: BANKOF AMERICA NA Party2 SECRETARYOF HOUSING& URBAN : DEVELOPMENT Record and Return To: CT LIEN SOLUTIONS P O BOX 29071 GLENDALECA 91209-9071 69 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 Recording requested by: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOMELOANS SERVICING, LP, FKA COUNTRYWIDE HOMELOANS SERVICING , LP . .. ION ASSIGNMENTOF et For value received, the undersigned, BANK OF AMERICA, N.A. SUCCESSOR BY MERGERTO BAC HOMELOANSSERVICING, LP FKA COUNTRYWIDE HOMELOANSSERVICING , LP, 101 S. MARENGO AVE, 4TH FLOOR, PÅSADENA,CA 91101, hereby grants, assigns and transfers to: SECRETARYOF HOUSINGAND URBANDEVELOPMENT 451 /IH STREL1, S.W. WASHINuiON, U.C. 20410 All 1ts interest under that certain Mortgage dated 12/0J./U/, executed by: RICHARDD. HUSLERand JENNIFER GOTTHARDT,Mortgagor as per MORTGAGE recorded as Instrument No. 2007-022816 on 11/08/07 in Bookm Page of official records in the County Recorder' s Office of ONEIDA County, NEW YORK. Tax Parcel = 306800274.000-2-12, WESTMORELAND TOWNTAX COLLECTOR Original Mortgage $55,825.00 6179 BARTLETTROAD, ROME, NY 13440 Together with the Note or Notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said Mortgage. Thi s assignment is not subject to the requirements of Section 275 of the Real Pro erty Law because it is an assignment within the secondary mortgage mar et Dated: 06/04/2013 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANSSERVICING, LP, FKA COUNTRYWIDE HOMELOANS SER ICING , LP By State of California County of Los Angeles On 06/04/2013 before me, MARTINE F .S. HENRY , Notary Public personally appeared MARIA QUEZADA,who proved to me on the basi s of satisfactory evidence to be the person(s) whose name(s) i s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b his/her/their signature(s) on the instrument the person(s), or t e entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTYOF PERJURYunder the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature: MARTINEF.S. HENRY MARI1NE F.S. HENRY commission#1917150 Notary Public - california Prepared by: ERICA MEJIA z Los Angeles county 101 S. MARENGO AVE. 4TH FLOOR Mycomm.Expiressan12 2015 PASAD A. CA 91101 . . . . . . . . . . ...... ., Phone (626) 486-3609 Clerk:LG 2013-016623 12:02:32 PM 09/24/2013 ASSIGNMENT MORTGAGE Clerk Sa dra J DePerno.OneidaCounty 70 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 ONEIDACOUNTY-STATEOF NEWYORK SANDRAJ. DEPERNOCOUNTY CLERK 800 PARKAVENUE,UTICA, NEWYORK13501 COUNTY CLERK'SRECORDING PAGE ***THIS PAGEISPARTOFTHEDOCUMENT-DO NOTDETACH*** Recording: Cover Page 20.00 I Illllll I 1111 1111 11111 Number of Pages 10.00 Records Management - Stat 4.75 Records Management - Coun 1.00 Cultural Ed 14.25 Number of Notations 0.50 INSTRUMENT#: 2013-016624 Receipt#: 2013544503 Total: 50.50 Clerk: LG **** NOTICE: THIS IS NOT A BILL **** Rec Date: 09/24/2013 12:05: 28 PM Doc Grp: RP Descrip: MORTGAGE ASSIGNMENT Num Pgs: 2 Party1: SECRETARYOF HOUSING& URBAN DEVELOPMENT Party2: BAYVIEW LOAN SERVICING LLC Record and Return To: CT LIEN SOLUTIONS P O BOX 29071 GLENDALECA 91209-9071 71 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 Recording requested by: SECRETARY OF HOUSINGAND URBANDEVELOPMENT BY BAYVIEW LOANSERVICING, LLC ITS ATTORNEYIN FACT "' TION ASSIGNMENTOF For value received, the undersi ned SECRETARYOF HOUSINGAND URBAN DEVELOPMENT BY BAYVIEWLOANSERÎICICG, LLC ITS ATTORNEYIN FACT, 451 7TH STREETS.W. WASHINGTON,D.C. 20410, hereby grants, assigns and transfers to: BAYVIEWLOAN SERVICING LLC 4425 PONCEDE LEON BLV6 5TH FLOORCORALGABLES, FL 33146 All its interest under that certain Mortgage dated 12/01/U/, executed by: RICHARDD. HUSLERand JENNIFER GOTTHARDT,Mort or as per MORTGAGE recorded as Instrument No. 2007-022816 on 11/08/07 in B Page of official records in the County Recorder's Office of ONEIDA County, NEW YORK. Tax Parcel = 306800274.000-2-12, WESTMORELAND TOWNTAX COLLECTOR Original Mortgage $55,825.00 6179 BARTLETTROAD, ROME, NY 13440 Together with the Note or Notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said Mortgage. This assignment is not subject to the requirements of Section 275 of the Real Pro erty aw because it is an assignment within the secondary mortgage mar et. Dated: \b SECRETARY OF HOUSINGAND URBANDEVELOPMENT BY BAYVIEW LOANSERVICING, LLC ITS ATTORNEYIN FACT By LAURAM. HARIMANN,VICE PRL IDENI State of F ORDIA Count of IAMI-DADE On efore me ROGELIOA PORTAL , Notar Public, ersonall appeared LAURA M. HARTMNN who proved to me on t e basis o satisfa tory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacit (ies), and that b his/her/their signature(s) on the instrument t e person(s), or t e entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTYOF PERJURYunder the laws of the State of FLORDIA that the foregoing para aph is true and correct. Witness my hand and off ial seal. Signature: . ., poc m ROGEL10A PO TAL Prepared b : JOSHUAA. NEAL MY ens9 commiss 101 S. MARNGOAVE. 4TH FLOOR PASAD A, CA 91101 ,gr- Phone (626) 486-3619 2013-016624 12:o5:28 PM o9/24/2013 MORTGAGE ASSIGNMENT 2 Pages SandraJ. DePemo,OneidaCountyClerk 72 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 . . - STATEOF NEWYORK ONEIDACOUNTY SANDRA COUNTY J. DEPERNO CLERK NEWYORK13501 800 PARKAVENUE,UTICA, COUNTYCLERK'S RECORDING PAGE ***THIS - DONOTDETACH*** PAGEIS PARTOFTHE DOCUMENT Recording: Cover Page 20.00 I11111 IIIll I II 1111 IIII II Number of Pages 15 . 00 Records Management - Stat 4.75 Records Management - Coun 1. 00 Cultural Ed 14.25 INSTRUMENT# : 2021-005329 Number of Notations 0 . 50 Receipt# : 2021102 6713 Clerk: GA Total: 55 . 50 Rec Date : 0 4 /01/2021 10 : 39 : 57 AM **** NOTICE: THIS IS NOT A BILL **** Doc Grp: RP Descrip: MORTGAGE ASSIGNMENT Num Pgs : 3 Partyl: COMMUNITYLOAN SERVICING LLC FKA BAYVIEW LOAN SERVICING LLC Party2 : BAYVIEW DISPOSITIONS IIIA LLC Record and Return To: ass hereby certify that the within and foregoing was recorded in the I Oneida County Clerk's Office, State of New York. This sheet ELECTRONICALLYRECORDEDBY SIMPLIFIdnstitutesthe Clerks endorsement required by Section 316 of the Keal Property Law of the State of NewYork. Sandra l DePerno Oneida County Clerk 73 of 88 FILED: ONEIDA COUNTY CLERK 06/28/2024 03:37 PM INDEX NO. EFCA2024-001781 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2024 Recording Requested By: WhenRecorded Mail To: CORPORATE ASSIGNMENT OFMORTGAGE NY/ONElDA Assignment Prepared on: March 18, 2021 ASSIGNOR:COMMUNITY LOANSERVICING, LLC F/K/A BAYVIEWLOANSERVICING, LLC, at 4425 PONCEDELEONBLVD., STHFLOOR,CORALGABLES, FL, 33146 ASSIGNEE:BAYVIEWDISPOSITIONSIIIA, LLC, at 4425 PONCEDELEONBLVD., 5TH FLOOR,CORAL GABLES,FL, 33146 For value received, the Assignor does hereby grant, sell, assign, transfer and convey, unto the above-named Assignee all interest under that certain Mortgage Dated 11/2/2007, in the amount of $55,825.00, executed