Preview
(FILED: ROCKLAND COUNTY CLERK 0670572015 11:42 AM INDEX NO. 032397/2015
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
wee ee ee ee ee eee ee ee ee eee eee eee X Index No.
REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff, Date Purchased:
- against - Plaintiff designates
Rockland County as the place of
GRACE WALTON, SECRETARY OF HOUSING AND URBAN trial.
DEVELOPMENT , CAPITAL ONE BANK USA, N.A., BOARD
OF MANAGERS OF NEW CITY CONDOMINIUMS IV, and SUMMONS
"JOHN DOE" and "JANE DOE" the last two names being fictitious,
said parties intended being tenants or occupants, if any, having or The basis of venue is:
claiming an interest in, or lien upon the premises described in the The location of real property
complaint, being foreclosed
Defendant(s).
eee eee ee ee ee ee ee ee eee ee ee eee
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 service is complete if this summons is not
personally delivered to you within the State of New York); 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
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.
Executed on this Zee day of dune » 2015
Melville, New York
KOZENY, MCCUBBIN & KATZ, LLP.
By: rin Conway, Esq.
Attorneys for Plaintiff
40 Marcus Drive, Suite 200,
Melville, NY 11747
(631) 454-8059
WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Defendants’ Address:
GRACE WALTON
59 HERITAGE DRIVE UNIT #59E
NEW CITY, NY 10956
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
451 SEVENTH STREET, S.W.
WASHINGTON, DC 20410
CAPITAL ONE BANK USA, N.A.
4851 COX ROAD
GLEN ALLEN, VA 23060
BOARD OF MANAGERS OF NEW CITY CONDOMINIUMS IV
HERITAGE DRIVE
NEW CITY, NY 10956
JOHN DOE and JANE DOE
59 HERITAGE DRIVE UNIT #59E
NEW CITY, NY 10956
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
eee ee ee eee ee ee ee ee ee ee ee eee eee INDEX NO.
REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff, COMPLAINT
- against -
GRACE WALTON, SECRETARY OF HOUSING AND URBAN
DEVELOPMENT , CAPITAL ONE BANK USA, N.A., BOARD OF
MANAGERS OF NEW CITY CONDOMINIUMS IV, and "JOHN DOE"
and "JANE DOE", the last two names being fictitious, said parties intended
being tenants or occupants, if any, having or claiming an interest in, or lien
upon the premises described in the complaint,
Defendant(s).
we ee ee een ee ee ee eee eee
Plaintiff, by its attorneys, KOZENY, MCCUBBIN & KATZ, LLP. complaining of
defendant(s), alleges:
1 At all times herein mentioned, plaintiff was, and still is a corporation organized and
existing under and by virtue of the laws of the United States of America, authorized to transact
business in the State of New York.
2 Upon information and belief, at all times herein mentioned defendant(s) were and still are
residents(s) of Rockland County, State of New York.
AS AND FOR A FIRST CAUSE OF ACTION
3 On March 26, 2007 for valuable consideration GRACE WALTON duly executed,
acknowledged and delivered his/her reverse mortgage note to VERTICAL LEND INC. whereby
GRACE WALTON promised to pay the sum of all outstanding principal and accrued interest to
VERTICAL LEND INC. (the “NOTE”).
4 As collateral security for the payment of the aforesaid indebtedness, GRACE WALTON
on the same day, duly executed, acknowledged and delivered to VERTICAL LEND INC. a
reverse mortgage with the maximum principal amount of $502,500.00 which required lender to
pay the sums secured by the Mortgage to the borrower on a periodic basis, instead of in one lump
sum at the time the loan documents were executed. Said agreement provides that the loan is due
to default of occupancy. The reverse mortgage was duly recorded in the Office of the Clerk of
the County of ROCKLAND on April 11, 2007, in Instrument No. 2007-00018156 (the
“REVERSE MORTGAGE”), whereby GRACE WALTON mortgaged to VERTICAL LEND
INC. its successors and assigns forever, the premises commonly known as 59 HERITAGE
DRIVE UNIT #59E, NEW CITY, NY 10956, more particularly described in Schedule (A)
attached hereto, together with the improvements thereon erected. Any applicable mortgage tax
was duly paid simultaneously with said recordation.
5 VERTICAL LEND INC. assigned all of its rights, title and interest in the Reverse
Mortgage by way of an assignment executed June 1, 2015 to REVERSE MORTGAGE
SOLUTIONS, INC., and is to be recorded in the Office of the Clerk of the County of
ROCKLAND.
6 Plaintiff is the holder and owner of the aforesaid Note and Reverse Mortgage and has
complied with all the provisions of section five hundred ninety-five A of the banking law, section
six-l or six-m of the banking law, and RPAPL section thirteen hundred four of this article.
7 Grace Walton,, failed, neglected and refused to comply with the provisions of the Note
and Reverse Mortgage by failing to make and pay the installment of principal and interest due
and owing upon the mortgagor’s default of occupancy on January 10, 2014 and thereafter,
despite due demand therefore. Said default has continued for more than (15) days after the due
date thereof.
8 There is now due and owing, the principal sum of $292,406.36 together with all sums that
may be due for interest, taxes, insurance, loan advances, and/or fees for inspections, property
preservations or other expenses incurred to protect the property, and expenses and costs of suit as
may be allowed by the loan documents and/or approved by the court.
9 Although plaintiff advanced the monies required pursuant to the Note and Reverse
Mortgage, the defendants(s) have failed to comply with the terms and provisions of the Mortgage
and said instrument(s) secured by said Mortgage, by failing and omitting to pay the balance due
and owing upon the Occupancy of the borrower.
10. Defendant, CAPITAL ONE BANK USA, N.A., is named as a defendant herein by reason
of judgment(s). Copies of the judgment(s) attached.
11. Defendant, BOARD OF MANAGERS OF NEW CITY CONDOMINIUMS IV, is named
as a defendant herein by reason of any common/and or maintenance charges.
12. Defendant, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, is named as
a defendant herein by reason of a Subordinate Mortgage in the sum of $502,500.00 dated March
26, 2007 and recorded in the office of the clerk in the county of ROCKLAND on April 11, 2007
in Instrument No. 2007-00018157.
13. Defendants, JOHN DOE and JANE DOE, the names of said individuals being fictitious,
the parties intended being tenants or occupants of the Premises, if any, are named as defendants
herein as having or claiming an interest in or lien upon the Premises which interest or lien is
subject to the lien of plaintiff's mortgage.
14. Each of the above named defendants has or claims to have or may claim to have some
interest in or lien upon the Premises or some part thereof, which interest or lien, if any, has
accrued and is subject and subordinate to the lien of the Note and Reverse Mortgage.
15. The mortgaged premises are 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 Premises.
16. Plaintiff shall not be deemed to have waived, altered, released or changed its election
hereinbefore made by reason of receipt of any payments, after the date of the commencement of
this action or of any or all of the defaults mentioned herein, and such election shall continue and
remain effective until the principal sum secured, the costs and disbursements of this action, and
any and all future defaults under the aforesaid Note(s) or Mortgage(s) occurring prior to a
discontinuance of this action are fully paid.
17. The subject Mortgage provides in part as follows:
Lender may require that I pay immediately the entire amount then remaining
unpaid under the Note and under this security instrument. This requirement is
called "immediate payment in full."
If Lender requires immediate payment in full, Lender may bring a lawsuit to
take away all of my remaining rights in the Property and have the Property
sold. At this sale Lender or another person may acquire the Property. This is
known as "foreclosure and sale." The further rights of the Lender including the
right to collect all costs, disbursements and attorney’s fees from the borrowers
are set forth in Paragraph 20 of the Mortgage.
18. No other action has been commenced at law, or otherwise, for the recovery of the sum, or
any part thereof, secured by the Note and Mortgage.
AS AND FOR A SECOND CAUSE OF ACTION
19. By reason of the aforesaid provisions set forth in the Note and Mortgage, there is due and
owing to plaintiff from Grace Walton, reasonable attorneys’ fees, plus costs and disbursements,
for which demand is hereby made.
AS AND FOR A THIRD CAUSE OF ACTION
20. Repeats and realleges with the same force and effect as if fully set forth at length herein
the allegation stated and contained in the FIRST CAUSE OF ACTION, marked and numbered 1
through 17, inclusive and SECOND CAUSE OF ACTION, marked and numbered 18, inclusive.
21. The mortgage recorded in Instrument No. 2007-00018156 to be foreclosed, contains
scrivener's errors within its description.
22. Plaintiff has no adequate remedy at law unless the said mortgage be reformed to reflect
the correct legal description as set forth in Schedule “A” annexed hereto.
WHEREFORE, plaintiff demands judgment as follows:
(a) Defendant(s) and all persons claiming under said defendant(s) 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 Premises, and that the monies arising from
said lien be paid into Court;
On the first cause of action:
(b) Plaintiff be paid the principal amount due on its Mortgage, together with the amount
of taxes, assessments, water charges, insurance premiums and other similar charges paid by
plaintiff, if any, with interest on the subject amounts from the date of such payment by plaintiff,
the expenses of this sale, together with any sum or sums to be paid to plaintiff to protect the
security afforded by said Mortgage, including, but not limited to, watchmen or caretakers' fees,
and fees incurred during the pendency of this action until the closing of title with the purchaser
under the foreclosure sale; and that any sum so paid shall be added to the sums otherwise due to
plaintiff pursuant to plaintiff's claims herein and to be deemed secured by the Note(s) and
Mortgage(s) as therein provided; and they be declared a valid lien on the premises herein
described, all with interest thereon from the date of each such amount, so far as the amount of
such monies properly allocable thereto will pay the same; and that in the event that plaintiff
possesses any other lien(s) against said mortgaged premises either by way of judgment, junior
mortgage or otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiff's
cause(s) of action set forth in this complaint but that plaintiff shall be permitted to enforce said
other lien(s) and/or seek determination of priority thereof in any independent action(s) or
proceeding(s), including, without limitation, any surplus money proceedings;
On the second cause of action:
(c) Plaintiff be awarded the costs and disbursements of this action, plus reasonable
attorneys’ fees;
On the third cause of action:
(d) Plaintiff has said mortgage to be reformed to reflect the correct legal description as set
forth in Schedule “A” annexed hereto.
(e) Plaintiff has such other and further relief as this Court may deem just and proper.
Executed on this BEY aay of J A Ye » 2015
Melville, New York
KOZENY, MCCUBBIN & KATZ, LLP.
Cw
By: Erin Conway, Esq.
Attorneys for Plaintiff
40 Marcus Drive, Suite 200,
Melville, NY 11747
(631) 454-8059
WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
. AMER,
{
SSIS First American
y»
LE MORTGAGE SERVICES
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
TitleNo.: DS140002363
ALL that certain plot, piece or parcel of land, situate, lying and being in Unit No, 59-E
shown on Condominium Plan entitled, "New City Condominiums IV", filed in the
Rockland County Clerk's Office (Index No. 2005/1976), together with a 1.923 percent
interest in the Common Elements of the Condominium described in the Declaration of
Condominium entitled “New City Condominiums IV", recorded in the Rockland County
Clerk's Office on March 24", 1976 in Liber 974 of Deeds at page 280 being that part of the
Common Elements as constitutes real property.
The land area of the Property set forth in the Declaration is described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at New City, Town
of Clarkstown, County of Rockland and State of New York, being more particularly shown
and designated as Parcels F and M on that certain Subdivision Map of New City
Condominiums, filed in the Rockland County Clerk's Office on October 21%, 1968, in
Book 76 of Maps, at page 66, as Map No. 3787, and as modified by that certain Map filed
in the Rockland County Clerk's Office on May 15", 1969, in Book 78 of Maps at page 1,
as Map No. 3870.
TOGETHER with the right of way for ingress and egress over the travelway shown and
designated on the aforesaid maps; together with the right to park on said travelway, and
together with the right to maintain same.
TOGETHER with an easement for the installation, use and maintenance of drainage and
utility lines in said travelway.
Page 2of 9
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
wee ee eee ee ee ee ee ee ee eee eee INDEX NO.
REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff, CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
- against -
Mortgaged Premise Address:
GRACE WALTON, SECRETARY OF HOUSING AND URBAN 59 HERITAGE DRIVE UNIT #59E,
DEVELOPMENT , CAPITAL ONE BANK USA, N.A., BOARD NEW CITY, NY 10956
OF MANAGERS OF NEW CITY CONDOMINIUMS IV, and
"JOHN DOE" and "JANE DOE", the last two names being fictitious,
said parties intended being tenants or occupants, if any, having or
claiming an interest in, or lien upon the premises described in the
complaint,
Defendant(s).
we ee ee ee ee ee nee eee eee ee ee eee
STATE OF NEW YORK
) ss.
COUNTY OF SUFFOLK
1 1 am an attorney at law duly licensed to practice in the State of New York, and am
affiliated with the law firm of Kozeny McCubbin & Katz, LLP, attorney for plaintiff REVERSE
MORTGAGE SOLUTIONS, INC. in this action.
2 I have reviewed the facts of this case and reviewed pertinent documents, including
the mortgage, security agreement and note or bond underlying the mortgage executed by
defendant, all instruments of assignment (if any), and all other instruments of indebtedness
including any modification, extension, and consolidation.
3 I have consulted about the facts of this case with the following representatives of
plaintiff:
Name Title
Laura Suith fscistauit Vice President
4 Upon this review and consultation, to the best of my knowledge, information, and
belief, I certify that there is a reasonable basis for the commencement of this action, and that
plaintiff is the creditor entitled to enforce rights under these documents.
5 Attached hereto in Exhibit A are copies of the following documents not otherwise
included as attachments to the summons and complaint: the mortgage, security agreement and
note or bond underlying the mortgage executed by the defendant; all instruments of assignment
(if any); and any other instrument of indebtedness, including any modification, extension, and
consolidation.
6 lam aware of my obligations under New York Rules of Professional Conduct (22
NYCRR Part 1200) and 22 NYCRR Part 130.
Executed on this oth day of Sune 2015
HELP FOR HOMEOWNERS IN FORECLOSURE
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
SUMMONS AND COMPLAINT
You are in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure action, you may lose your
home. Please read the summons and complaint carefully. You should
immediately contact an attorney or your local legal aid office to obtain
advice on how to protect yourself.
SOURCES OF INFORMATION AND ASSISTANCE
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agencies and non-profit organizations that you
may contact for information about possible options, including trying to work
with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained
by the New York State Department of Financial Services toll free helpline at
1-800-269-0990 or visit the Department's website at www.dfs.ny.gov.
FORECLOSURE RESCUE SCAMS
Be careful of people who approach you with offers to "save" your home.
There are individuals who watch for notices of foreclosure actions in order
to unfairly profit from a homeowner's distress. You should be extremely
careful about any such promises and any suggestions that you pay them a
fee or sign over your deed. State law requires anyone offering such
services for profit to enter into a contract which fully describes the services
they will perform and fees they will charge, and which prohibits them from
taking any money from you until they have completed all such promised
services.
-
Paul Piperato, County Clerk
1 South Main St, Ste. 100
New City, NY 10956
(845) 638-5070
Rockland County Clerk Recording Cover Sheet
Received From:
First GRANTOR
ICABITAL ONE BANK USA NA
4851 COX ROAD GLEN ALLEN, VA 23060
Furst GRANTEE
[WAUTON: GRACE A
| 59 HERITAGE DR PAT E NEW CITY, NY 10956,
Index Type : Land Records
Instr Number : 2013-00014500 Orig Instr #: SU-2013-030634
Book: Page:
Type of Instrument : Judgment
Type of Transaction :
Recording Fe $0.00
Recording Pages :
Recorded Information
State of New York
County of Rockland
J hereby certify that the within and foregoing was
recorded in the Clerk's office for Rockland County,
New York
On (Recorded Date) : 04/15/2013
At (Recorded Time) 1:43:20 PM.
2
Hoc 19 - 026929130002
G2 att
Paul Piperato, County Clerk 6
‘ius sheet constitutes the Clerks endorsement required by Section 319 of Real Property Law of the State of New York
Entered By: MARISSAR Printed On : 04/23/20": at 1.48:089M
File Number: 2013-00014500 Seq: 1
INDEX NO 930634/2013
(FILED:
ROCKLAND
COUNTY ChERK 04/15/
NYSCEF DOC NO S SRR
BEY BR 202-3
0000004 1302362 000003354043
UeRENE COURT OF THE STATE OF NEW YORK R & R File No 1054547
SGUNTY OF ROCKTAND wees van ee Ss 087 N
GASTTAL ONE BANK (USA), NLA,
Plaintif£e
~against~ JUDGMENT
GRACE A KALTO!
Index No. 030634/2013
anes we - weee ewes Defendant (s)
coeecteree
Amount claimed in complaint $ 5,651 92
Tnteres'
less credits on’ account. 50 00
TOTAL $ 5,151 92
Costs by Statute. §** waived
Service’ of process
Fee for Index Numb 21000
Prospective execution fee ** waived
Motion Fee for Judgment. 45.00
280 00
TOTAL $ 5,431 92
STATE OF NEW YORK, COUNTY OF SUFFOLK:
‘The undersigned, an attorney admitted to practice in the State of New York,
associated with the attorneys for plaintif: , under penalties of erjury,
affirms the following to rus The disbirsenents specified al ove have
sen, OY will necessaxily be made or incurred and are reasonable amount.
Plaintiff is entitled tO judgment against defendant(s) as authorized by
the annexed stij ulation
CPLR_ 4539 (b) ALI aS REPRODUCTION OF DOCUMENTS IN ACCORDANCE WITH THE
THE DOCUMENTS SUBMITTED WITH THIS
SUDGMENT ARE EITHER ORIGINALS OR IDENTICAL, TO THE ORIGINAL,
REPRODUCTION THE ORIGINAL WAS STORED RLECTRONICALLY IN A SYSTEM THAT
CREATES ITF IMAGES ORDS THEM IN A WRITE
INFORMATION STORED IN A WORM C SYSTEM EANNOE' BECHANGED
oxck” a IS RECO!
Date April 15, 2013 -- anne enn
RUBIN & ROTHM
Retorneys for Plaincife
1787 Veterans Hi hway
Islandia, N.Y, i 749
(631) 234-15
Now, on motion of Rubin and Rothman, LLC, it is adjudged that
CAPITAL ONE BANK (USA), N-A
located at 4851 COX ROAD, GLEN ALLEN, VA 23060
recover of GRACE A WALTON
residing at 59 HERITAGE DR APT E, NEW CITY, NY 10956
the sum of $ 5,431.92 and that the Plaintiff have execution therefor
Dated sean ween eePAUL RIPERATO. anne een eee
ROCKLAND COUNTY CLERK Clerk
FILED SP qeess
Apr 15 2013
ROCKLAND COUNTY
CLERK'S OFFICE
File Number: 2013-00014500 Seq: 2
Paul Piperato, County Clerk
1 South Main St,, Ste. 100
New City, NY 10956
(845) 638-5070
Rockland County Clerk Recording Cover Sheet
Received From ;
First GRANTOR
CAPITAL ONE BANK USA NA
4851 COX ROAD GLEN ALLEN, VA 23060
First GRANTEE
[wa LTON, GRACE A
59 HERITAGE DRIVE APT E NEW CITY, NY 10956-5331
Index Type : Land Records
Instr Number : 2013-00022614 Orig Instr #: SU-2013-030999
Book : Page:
Type of instrument : Judgment
Type of Transaction :
Recording Fee : $0.00
Recording Pages :
ee Recorded Information
State of New York
County of Rockland
| hereby certify that the within and foregoing was
recorded in the Clerk's office for Rockland County,
New York
On (Recorded Date) : 06/13/2013
At (Recorded Time) 3:33:11 PM.
A
Dox: 10 - 027208000002
2. Rg
Paul Piperato, County Clerk
a
ws
This sheet constitutes the Clerks endorsement required by Section 319 of Real Property Law of the Slate of New York
Entered By: SL. Printed On : 06/21/2013 A 3:40:44PM
File Number: 2013-00022614 Seq: 1
way 1 oo »
(FILED: ROCKEAND COUNTY CLERK 0671372013)
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2TAT ORS Bi ANE USA} rea
plaintiff
yak t IGMENT
OR cos & WALTON
nde Me @30999/2013
a a ptendant
oo nt (s)
Amowns el me 2 Comp: aint o7
te rarest ac
1,000 20
SS ered: S000 ac oun Me -
gee waived TOTAL § 2,831 o
epans by Statute .
Service of proce aie
Pee fer dex a waived
bec CLIVE exe Lon fue
Moti: for Ji nage ent 20
280 oo
‘TUTAL § 33, 1
ATE Ni co Y oF u OLK
he aude sed,YORK, di attorney adustted to ractice im the State of New York,
es of perjury,
tO, ach! th attorneys for plaintift, under pen:
affirne the following to po Uru ne bursem mnt specified above have
keen or wi necessarily be mad: or tncurred nd are reasonable in amount.
Plaiacs fis entities 2 uegmen: again; defendant (s) S authorized
he axed Tu lsae ae
Sy 39( Hi ROD.
R ON DOCUMENTS IX ACCA DANCE WITH 3
8 er MEN’ HE DOCUME MTTTED WIT) PH1S'
GM oc ARE EL HERO: TNL DEN’ 7T ICAL, TE ORIGINAL iF
ET 2OUC S, Onvei NAL, WAS STORED CTRONIG. CALLY aR Sys eee
Hs aL GIF imag ie‘ In A WGI { ONCE, READ
ys bi EhEG AN CN se INVA WORM CE SY: sy CARNG BH CHANGED.
NCE 22 18
Natea ne ae, 2013
i ke
N & ROTHMAN LLC
Attorneys for Plaintise
2i87 Veter, ng Hig! away
slandi a, N 49
(eat) 234-1500
x on notion ot Rubin an RoLnman, Lue, it s3 adjudged that
‘AY ie on: EN % tus AD Ne.
located t 4agsy COR ROAD Go LEN ALLE vA aus
recover GRACE A WAL YON
: sidis at 5% : RONG oR APY ky NEW CLTY RY 386 e332
the sum ot 3 ait 0? and chat the Plaintiff have execution therefor
bated PAUL PIPERATO
~ ROCKLAND-COUNTY-CLERK- Clerk
FILED SPQ ds
Jun 13 2013
ROCKLAND COUNTY
CLERK’S OFFICE
File Numer su-2013-030999 Seq 1 voc Seq .©
File Number: 2013-00022614 Seq: 2
Pau) Piperato, county Clerk
1 South Main St., Ste. 100
New City, NY. 10956
(845) 638-5070
Rockland County Clerk Recording Cover Sheet
Received From :
First GRANTOR
CAPITAL ONE BANK USA NA
4851 COX ROAD GLEN ALLEN, VA 23060
First GRANTEE
WALTON, GRACE A
59 HERITAGE DR APT E NEW CITY, NY 10956
index Type : Land Records
Instr Number : 2013-00033359 Orig Instr #: SU-2013-033068
Book: Page:
Type of Instrument : Judgment
Type of Transaction :
Recording Fee : $0.00
Recording Pages :
Recorded Information
State of New York
County of Rockland
i hereby certify that the within and foregoing was
recorded in the Clerk's office for Rockland County,
New York
‘On (Recorded Date) : 09/04/2013
At (Recorded Time) 3:21:09 PM
AREA
Doe 1D - 028740740002
EA Ror Drees
Paul Piperato, County Clerk
This sheet constitutes the Clerks endorsement required by Section 319 of Reat Property Law of the State of New York
Entered By MARISSAR Printed On : 08/05/2013 At. 3:23:42PM
File Number: 2013-00033359 Seq: 1
BX NO 933008/2
NYSCEF DOC NO. 4 og /oas2er4
- N0000004184163: mM
OF THE STATE OF NEW YORK R & R File No. 1060335
COUNTY OF RO CKLAND s ca7 N
CAPITAL ONE BANK (USA), WAL
Plaintiff
-against- JUDGMENT
GRACE A WALTON
Index No. 033068/2013
Defendant (s)
-
Amount claimed in complaint o 3,632
Interest. nt ut :
:
TOTAL $ 3,632.57
Costs by Statute oe o
Service of process...
Fee for Index Number... 10... o
M 1S
:
ae Se
210.00
Prospective execution fee a* waived
45.00
Motion Fee for Judgment... te
280.00
-
TOTAL $ 3,912.57
STATE OF NEW YORK, COUNTY OF SUFFOLK:
The undersigned, an attorney admitted to ractice in the State of New York,
associated with the attorneys for plaint. £, under penalties of exjury,
affirms the following to be true: The disbursements specified al e ove have
been or will necessarily be made or incurred and are reasonable inb amount.
Defendant(s) have failed to aj Be: ar, answer or move herein, and the time to
do so having expired, plainti is‘entitled to judgment by default.
A co of the summons was di josited on 7/06/13 (Deft
in a separate ost paid envelope in an official depository of the United
States Postal B ervice within New York State, addressed to each defaulting
defendant's last own home address set forth herein. More than 20 days
have elapsed and the envelo| e has not been returned as undeliverable
b: the’ ost office. This ma e ling was made by the process server.
CPLR 4539(b) AL
REQUIREMENTS PH Ere UCTION OF
REIN.
JUDGMENT ARE EITHER ORIGINALS OR ID!
ENTS IN ACCORDANCE WITH THE
THE DOCUMENTS SUBMITTED WITH THIS
CAL TO THE ORIGINAL. IF A
REPRODUCTION, THE ORIGINAL WAS STORED ELECTRONICALLY IN A SYSTEM THAT
CREATES TIF IMAGES AND RECORDS THEM IN A WO! WRITE ONCE, EAD MANY)
cD SYSTEM. INFORMATION STORED IN A WORM CD SYSTEM CANNOT’ BE CHANGED
ONCE IT I$ RECORD!
Dated: September 3, 2013
KEITH H, ROTHMAN L
RUBIN & ROTHMAN, ul
Attorneys for Plaintitt
1787 Veterans Highway
Islandia, N.Y. 11749
(631) 234-15)
Now, on motion of Rubin and Rothman, LLC, it is adjudged that
CAPITAL ONE BANK N.A.
(USA),
located at 4851 COX ROAD, GLEN ALLEN, VA 23060
recover of GRACE A WALTON
residing at 59 HERITAGE DR APT E, NEW cITy, NY 10956
the sum of $ 3,912.57 and that the Plaintiff have execution therefor
Dated: --
clerk
FILED
PAUL PIPERATO
ROCKLAND COUNTY CLERK
Sep 04 2013 Liq ds
ROCKLAND COUNTY
CLERK'S OFFICE
File Number: 2013-00033359 Seq: 2
EXHIBIT
A
e
ADJUSTABLE RATE NO
{HOME EQUITY CONVERSION),
FHA Case No,
MARCH 26 2007
89 HERITAGE DRIVE, UNIT E. AW CIFY, NEW YORK 10956
[Property Address}
1. DEFINITIONS
“Borrower” means each person signing at the end of thi te “Lender” means
VERTICAL, ENDED
and its suecexsore anit assigns "Secretary" means the Secretury of Housing and Urban Development or hie or her authorized
represent
2. BORROWER'S PROMISE TO PAY; INTERES’
In return for amounts te he ads anced by T ender tov 6 the bene f Romower dler the tems of 2 Home Paity Conversion
Loan Agreement dated MARCI 26, 2007 (Tyan recmer Borrower promises to pay to the order of I under a principat
amonnt equal te the sum of ail Loam Advances made under the I om Ag with interest, AI amounts advanced by Lender, plus
interest. if not paid enrlier, are dne and payable on MARCH 2082 Intesest will be recd on unpaid principal at
therate of SIX AND BOTHOD percent ( 6.1300 "oy per year until the oll as nt of prince thas heen
paid. ‘She mterest rate may change in accordance with Parngy ‘ of thiy Note. ried interest shall be died! 10 the pr pal
halnnce as al ean Advance at the end of enck month
3. PROMISE TO PAY SECURED
Berrewver’e promice to pay as scouned by moorteage, deul of trust er similar sccuity instrument that 1s dated the same date ac
thiy Note and called the “Security Instrument That Security Instrument protects the Lender frem losses whick might resntt if,
Borrower definits under thi Notz,
4. MANNER OF PAYMENT.
(Time
Borrower shall pay all outstanding principal and a, rucad nlerent to Fender upon reccipt of 9 novice by Lender quiring
immediate payment in fill, as provided in Paragraph 7 « thie Note,
(B) Place
Payment sha be made at VERT ws XD INC.
500 NORTHRIDGE, ROAD STE. 500,
ATLANTA, GEORGIA 30350
- Or any such other place ne Lender
may designate in writing by nonce to Borrower
cy lon af Liab
Borrower shall haveno personal lish tv for payment of the debt Lender shall enforce the debi only through cate of the
Property covered by the Scoueity {ostroment ( JANN") If this Note is assigned to the Seeretary, the Borrower shalt not be
Linhle for any difference between the mort gC Insurance benefits paid te Lender amd the ceastanding machiedness, including
accrucd interest, owed hy Rorrowter at the time of Ihe a6 rent
§. INTERES] RATE CHANGES
(9) Change Date
The interest rate may change on the first day of UNF, 2007 vandun [[] that day of cach succeeding
year [Xj une firet day of each succeccing month “C1 Date” means cach date on which the interest suite could change
(B) The Index
Reginning with the first Change the interest AGT be basedon an Ides. “Indes” meane the ly average yrelt
on Stmtes Treasury Securiticn Husted 10 9 so nt matunty of one your, as made av. lubic hy the Federal Reserve:
Board. "arrent Index” means the moet recent In 2 fi avai He V6 Any before dee ge Tate If the Index (ne defined
above? ie no longer available, J.ender will ase as new any \ pruscrihed hy the Scerciary, Lender w
Preview
(FILED: ROCKLAND COUNTY CLERK 0670572015 11:42 AM INDEX NO. 032397/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND wee ee ee ee ee eee ee ee ee eee eee eee X Index No. REVERSE MORTGAGE SOLUTIONS, INC., Plaintiff, Date Purchased: - against - Plaintiff designates Rockland County as the place of GRACE WALTON, SECRETARY OF HOUSING AND URBAN trial. DEVELOPMENT , CAPITAL ONE BANK USA, N.A., BOARD OF MANAGERS OF NEW CITY CONDOMINIUMS IV, and SUMMONS "JOHN DOE" and "JANE DOE" the last two names being fictitious, said parties intended being tenants or occupants, if any, having or The basis of venue is: claiming an interest in, or lien upon the premises described in the The location of real property complaint, being foreclosed Defendant(s). eee eee ee ee ee ee ee ee eee ee ee eee 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 service is complete if this summons is not personally delivered to you within the State of New York); 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 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. Executed on this Zee day of dune » 2015 Melville, New York KOZENY, MCCUBBIN & KATZ, LLP. By: rin Conway, Esq. Attorneys for Plaintiff 40 Marcus Drive, Suite 200, Melville, NY 11747 (631) 454-8059 WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Defendants’ Address: GRACE WALTON 59 HERITAGE DRIVE UNIT #59E NEW CITY, NY 10956 SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENTH STREET, S.W. WASHINGTON, DC 20410 CAPITAL ONE BANK USA, N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 BOARD OF MANAGERS OF NEW CITY CONDOMINIUMS IV HERITAGE DRIVE NEW CITY, NY 10956 JOHN DOE and JANE DOE 59 HERITAGE DRIVE UNIT #59E NEW CITY, NY 10956 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND eee ee ee eee ee ee ee ee ee ee ee eee eee INDEX NO. REVERSE MORTGAGE SOLUTIONS, INC., Plaintiff, COMPLAINT - against - GRACE WALTON, SECRETARY OF HOUSING AND URBAN DEVELOPMENT , CAPITAL ONE BANK USA, N.A., BOARD OF MANAGERS OF NEW CITY CONDOMINIUMS IV, and "JOHN DOE" and "JANE DOE", the last two names being fictitious, said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). we ee ee een ee ee ee eee eee Plaintiff, by its attorneys, KOZENY, MCCUBBIN & KATZ, LLP. complaining of defendant(s), alleges: 1 At all times herein mentioned, plaintiff was, and still is a corporation organized and existing under and by virtue of the laws of the United States of America, authorized to transact business in the State of New York. 2 Upon information and belief, at all times herein mentioned defendant(s) were and still are residents(s) of Rockland County, State of New York. AS AND FOR A FIRST CAUSE OF ACTION 3 On March 26, 2007 for valuable consideration GRACE WALTON duly executed, acknowledged and delivered his/her reverse mortgage note to VERTICAL LEND INC. whereby GRACE WALTON promised to pay the sum of all outstanding principal and accrued interest to VERTICAL LEND INC. (the “NOTE”). 4 As collateral security for the payment of the aforesaid indebtedness, GRACE WALTON on the same day, duly executed, acknowledged and delivered to VERTICAL LEND INC. a reverse mortgage with the maximum principal amount of $502,500.00 which required lender to pay the sums secured by the Mortgage to the borrower on a periodic basis, instead of in one lump sum at the time the loan documents were executed. Said agreement provides that the loan is due to default of occupancy. The reverse mortgage was duly recorded in the Office of the Clerk of the County of ROCKLAND on April 11, 2007, in Instrument No. 2007-00018156 (the “REVERSE MORTGAGE”), whereby GRACE WALTON mortgaged to VERTICAL LEND INC. its successors and assigns forever, the premises commonly known as 59 HERITAGE DRIVE UNIT #59E, NEW CITY, NY 10956, more particularly described in Schedule (A) attached hereto, together with the improvements thereon erected. Any applicable mortgage tax was duly paid simultaneously with said recordation. 5 VERTICAL LEND INC. assigned all of its rights, title and interest in the Reverse Mortgage by way of an assignment executed June 1, 2015 to REVERSE MORTGAGE SOLUTIONS, INC., and is to be recorded in the Office of the Clerk of the County of ROCKLAND. 6 Plaintiff is the holder and owner of the aforesaid Note and Reverse Mortgage and has complied with all the provisions of section five hundred ninety-five A of the banking law, section six-l or six-m of the banking law, and RPAPL section thirteen hundred four of this article. 7 Grace Walton,, failed, neglected and refused to comply with the provisions of the Note and Reverse Mortgage by failing to make and pay the installment of principal and interest due and owing upon the mortgagor’s default of occupancy on January 10, 2014 and thereafter, despite due demand therefore. Said default has continued for more than (15) days after the due date thereof. 8 There is now due and owing, the principal sum of $292,406.36 together with all sums that may be due for interest, taxes, insurance, loan advances, and/or fees for inspections, property preservations or other expenses incurred to protect the property, and expenses and costs of suit as may be allowed by the loan documents and/or approved by the court. 9 Although plaintiff advanced the monies required pursuant to the Note and Reverse Mortgage, the defendants(s) have failed to comply with the terms and provisions of the Mortgage and said instrument(s) secured by said Mortgage, by failing and omitting to pay the balance due and owing upon the Occupancy of the borrower. 10. Defendant, CAPITAL ONE BANK USA, N.A., is named as a defendant herein by reason of judgment(s). Copies of the judgment(s) attached. 11. Defendant, BOARD OF MANAGERS OF NEW CITY CONDOMINIUMS IV, is named as a defendant herein by reason of any common/and or maintenance charges. 12. Defendant, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, is named as a defendant herein by reason of a Subordinate Mortgage in the sum of $502,500.00 dated March 26, 2007 and recorded in the office of the clerk in the county of ROCKLAND on April 11, 2007 in Instrument No. 2007-00018157. 13. Defendants, JOHN DOE and JANE DOE, the names of said individuals being fictitious, the parties intended being tenants or occupants of the Premises, if any, are named as defendants herein as having or claiming an interest in or lien upon the Premises which interest or lien is subject to the lien of plaintiff's mortgage. 14. Each of the above named defendants has or claims to have or may claim to have some interest in or lien upon the Premises or some part thereof, which interest or lien, if any, has accrued and is subject and subordinate to the lien of the Note and Reverse Mortgage. 15. The mortgaged premises are 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 Premises. 16. Plaintiff shall not be deemed to have waived, altered, released or changed its election hereinbefore made by reason of receipt of any payments, after the date of the commencement of this action or of any or all of the defaults mentioned herein, and such election shall continue and remain effective until the principal sum secured, the costs and disbursements of this action, and any and all future defaults under the aforesaid Note(s) or Mortgage(s) occurring prior to a discontinuance of this action are fully paid. 17. The subject Mortgage provides in part as follows: Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this security instrument. This requirement is called "immediate payment in full." If Lender requires immediate payment in full, Lender may bring a lawsuit to take away all of my remaining rights in the Property and have the Property sold. At this sale Lender or another person may acquire the Property. This is known as "foreclosure and sale." The further rights of the Lender including the right to collect all costs, disbursements and attorney’s fees from the borrowers are set forth in Paragraph 20 of the Mortgage. 18. No other action has been commenced at law, or otherwise, for the recovery of the sum, or any part thereof, secured by the Note and Mortgage. AS AND FOR A SECOND CAUSE OF ACTION 19. By reason of the aforesaid provisions set forth in the Note and Mortgage, there is due and owing to plaintiff from Grace Walton, reasonable attorneys’ fees, plus costs and disbursements, for which demand is hereby made. AS AND FOR A THIRD CAUSE OF ACTION 20. Repeats and realleges with the same force and effect as if fully set forth at length herein the allegation stated and contained in the FIRST CAUSE OF ACTION, marked and numbered 1 through 17, inclusive and SECOND CAUSE OF ACTION, marked and numbered 18, inclusive. 21. The mortgage recorded in Instrument No. 2007-00018156 to be foreclosed, contains scrivener's errors within its description. 22. Plaintiff has no adequate remedy at law unless the said mortgage be reformed to reflect the correct legal description as set forth in Schedule “A” annexed hereto. WHEREFORE, plaintiff demands judgment as follows: (a) Defendant(s) and all persons claiming under said defendant(s) 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 Premises, and that the monies arising from said lien be paid into Court; On the first cause of action: (b) Plaintiff be paid the principal amount due on its Mortgage, together with the amount of taxes, assessments, water charges, insurance premiums and other similar charges paid by plaintiff, if any, with interest on the subject amounts from the date of such payment by plaintiff, the expenses of this sale, together with any sum or sums to be paid to plaintiff to protect the security afforded by said Mortgage, including, but not limited to, watchmen or caretakers' fees, and fees incurred during the pendency of this action until the closing of title with the purchaser under the foreclosure sale; and that any sum so paid shall be added to the sums otherwise due to plaintiff pursuant to plaintiff's claims herein and to be deemed secured by the Note(s) and Mortgage(s) as therein provided; and they be declared a valid lien on the premises herein described, all with interest thereon from the date of each such amount, so far as the amount of such monies properly allocable thereto will pay the same; and that in the event that plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiff's cause(s) of action set forth in this complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; On the second cause of action: (c) Plaintiff be awarded the costs and disbursements of this action, plus reasonable attorneys’ fees; On the third cause of action: (d) Plaintiff has said mortgage to be reformed to reflect the correct legal description as set forth in Schedule “A” annexed hereto. (e) Plaintiff has such other and further relief as this Court may deem just and proper. Executed on this BEY aay of J A Ye » 2015 Melville, New York KOZENY, MCCUBBIN & KATZ, LLP. Cw By: Erin Conway, Esq. Attorneys for Plaintiff 40 Marcus Drive, Suite 200, Melville, NY 11747 (631) 454-8059 WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . AMER, { SSIS First American y» LE MORTGAGE SERVICES SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES TitleNo.: DS140002363 ALL that certain plot, piece or parcel of land, situate, lying and being in Unit No, 59-E shown on Condominium Plan entitled, "New City Condominiums IV", filed in the Rockland County Clerk's Office (Index No. 2005/1976), together with a 1.923 percent interest in the Common Elements of the Condominium described in the Declaration of Condominium entitled “New City Condominiums IV", recorded in the Rockland County Clerk's Office on March 24", 1976 in Liber 974 of Deeds at page 280 being that part of the Common Elements as constitutes real property. The land area of the Property set forth in the Declaration is described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at New City, Town of Clarkstown, County of Rockland and State of New York, being more particularly shown and designated as Parcels F and M on that certain Subdivision Map of New City Condominiums, filed in the Rockland County Clerk's Office on October 21%, 1968, in Book 76 of Maps, at page 66, as Map No. 3787, and as modified by that certain Map filed in the Rockland County Clerk's Office on May 15", 1969, in Book 78 of Maps at page 1, as Map No. 3870. TOGETHER with the right of way for ingress and egress over the travelway shown and designated on the aforesaid maps; together with the right to park on said travelway, and together with the right to maintain same. TOGETHER with an easement for the installation, use and maintenance of drainage and utility lines in said travelway. Page 2of 9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND wee ee eee ee ee ee ee ee ee eee eee INDEX NO. REVERSE MORTGAGE SOLUTIONS, INC., Plaintiff, CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b - against - Mortgaged Premise Address: GRACE WALTON, SECRETARY OF HOUSING AND URBAN 59 HERITAGE DRIVE UNIT #59E, DEVELOPMENT , CAPITAL ONE BANK USA, N.A., BOARD NEW CITY, NY 10956 OF MANAGERS OF NEW CITY CONDOMINIUMS IV, and "JOHN DOE" and "JANE DOE", the last two names being fictitious, said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). we ee ee ee ee ee nee eee eee ee ee eee STATE OF NEW YORK ) ss. COUNTY OF SUFFOLK 1 1 am an attorney at law duly licensed to practice in the State of New York, and am affiliated with the law firm of Kozeny McCubbin & Katz, LLP, attorney for plaintiff REVERSE MORTGAGE SOLUTIONS, INC. in this action. 2 I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all other instruments of indebtedness including any modification, extension, and consolidation. 3 I have consulted about the facts of this case with the following representatives of plaintiff: Name Title Laura Suith fscistauit Vice President 4 Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to enforce rights under these documents. 5 Attached hereto in Exhibit A are copies of the following documents not otherwise included as attachments to the summons and complaint: the mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; all instruments of assignment (if any); and any other instrument of indebtedness, including any modification, extension, and consolidation. 6 lam aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Executed on this oth day of Sune 2015 HELP FOR HOMEOWNERS IN FORECLOSURE New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. SUMMONS AND COMPLAINT You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. SOURCES OF INFORMATION AND ASSISTANCE The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services toll free helpline at 1-800-269-0990 or visit the Department's website at www.dfs.ny.gov. FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. - Paul Piperato, County Clerk 1 South Main St, Ste. 100 New City, NY 10956 (845) 638-5070 Rockland County Clerk Recording Cover Sheet Received From: First GRANTOR ICABITAL ONE BANK USA NA 4851 COX ROAD GLEN ALLEN, VA 23060 Furst GRANTEE [WAUTON: GRACE A | 59 HERITAGE DR PAT E NEW CITY, NY 10956, Index Type : Land Records Instr Number : 2013-00014500 Orig Instr #: SU-2013-030634 Book: Page: Type of Instrument : Judgment Type of Transaction : Recording Fe $0.00 Recording Pages : Recorded Information State of New York County of Rockland J hereby certify that the within and foregoing was recorded in the Clerk's office for Rockland County, New York On (Recorded Date) : 04/15/2013 At (Recorded Time) 1:43:20 PM. 2 Hoc 19 - 026929130002 G2 att Paul Piperato, County Clerk 6 ‘ius sheet constitutes the Clerks endorsement required by Section 319 of Real Property Law of the State of New York Entered By: MARISSAR Printed On : 04/23/20": at 1.48:089M File Number: 2013-00014500 Seq: 1 INDEX NO 930634/2013 (FILED: ROCKLAND COUNTY ChERK 04/15/ NYSCEF DOC NO S SRR BEY BR 202-3 0000004 1302362 000003354043 UeRENE COURT OF THE STATE OF NEW YORK R & R File No 1054547 SGUNTY OF ROCKTAND wees van ee Ss 087 N GASTTAL ONE BANK (USA), NLA, Plaintif£e ~against~ JUDGMENT GRACE A KALTO! Index No. 030634/2013 anes we - weee ewes Defendant (s) coeecteree Amount claimed in complaint $ 5,651 92 Tnteres' less credits on’ account. 50 00 TOTAL $ 5,151 92 Costs by Statute. §** waived Service’ of process Fee for Index Numb 21000 Prospective execution fee ** waived Motion Fee for Judgment. 45.00 280 00 TOTAL $ 5,431 92 STATE OF NEW YORK, COUNTY OF SUFFOLK: ‘The undersigned, an attorney admitted to practice in the State of New York, associated with the attorneys for plaintif: , under penalties of erjury, affirms the following to rus The disbirsenents specified al ove have sen, OY will necessaxily be made or incurred and are reasonable amount. Plaintiff is entitled tO judgment against defendant(s) as authorized by the annexed stij ulation CPLR_ 4539 (b) ALI aS REPRODUCTION OF DOCUMENTS IN ACCORDANCE WITH THE THE DOCUMENTS SUBMITTED WITH THIS SUDGMENT ARE EITHER ORIGINALS OR IDENTICAL, TO THE ORIGINAL, REPRODUCTION THE ORIGINAL WAS STORED RLECTRONICALLY IN A SYSTEM THAT CREATES ITF IMAGES ORDS THEM IN A WRITE INFORMATION STORED IN A WORM C SYSTEM EANNOE' BECHANGED oxck” a IS RECO! Date April 15, 2013 -- anne enn RUBIN & ROTHM Retorneys for Plaincife 1787 Veterans Hi hway Islandia, N.Y, i 749 (631) 234-15 Now, on motion of Rubin and Rothman, LLC, it is adjudged that CAPITAL ONE BANK (USA), N-A located at 4851 COX ROAD, GLEN ALLEN, VA 23060 recover of GRACE A WALTON residing at 59 HERITAGE DR APT E, NEW CITY, NY 10956 the sum of $ 5,431.92 and that the Plaintiff have execution therefor Dated sean ween eePAUL RIPERATO. anne een eee ROCKLAND COUNTY CLERK Clerk FILED SP qeess Apr 15 2013 ROCKLAND COUNTY CLERK'S OFFICE File Number: 2013-00014500 Seq: 2 Paul Piperato, County Clerk 1 South Main St,, Ste. 100 New City, NY 10956 (845) 638-5070 Rockland County Clerk Recording Cover Sheet Received From ; First GRANTOR CAPITAL ONE BANK USA NA 4851 COX ROAD GLEN ALLEN, VA 23060 First GRANTEE [wa LTON, GRACE A 59 HERITAGE DRIVE APT E NEW CITY, NY 10956-5331 Index Type : Land Records Instr Number : 2013-00022614 Orig Instr #: SU-2013-030999 Book : Page: Type of instrument : Judgment Type of Transaction : Recording Fee : $0.00 Recording Pages : ee Recorded Information State of New York County of Rockland | hereby certify that the within and foregoing was recorded in the Clerk's office for Rockland County, New York On (Recorded Date) : 06/13/2013 At (Recorded Time) 3:33:11 PM. A Dox: 10 - 027208000002 2. Rg Paul Piperato, County Clerk a ws This sheet constitutes the Clerks endorsement required by Section 319 of Real Property Law of the Slate of New York Entered By: SL. Printed On : 06/21/2013 A 3:40:44PM File Number: 2013-00022614 Seq: 1 way 1 oo » (FILED: ROCKEAND COUNTY CLERK 0671372013) € HEINE EIU ARISE oy 920900415, 53 gogoos4cas36 OF = STAI °} Ww YORK RERP ie Ro. 1CS58 SOUN y 967 N 2TAT ORS Bi ANE USA} rea plaintiff yak t IGMENT OR cos & WALTON nde Me @30999/2013 a a ptendant oo nt (s) Amowns el me 2 Comp: aint o7 te rarest ac 1,000 20 SS ered: S000 ac oun Me - gee waived TOTAL § 2,831 o epans by Statute . Service of proce aie Pee fer dex a waived bec CLIVE exe Lon fue Moti: for Ji nage ent 20 280 oo ‘TUTAL § 33, 1 ATE Ni co Y oF u OLK he aude sed,YORK, di attorney adustted to ractice im the State of New York, es of perjury, tO, ach! th attorneys for plaintift, under pen: affirne the following to po Uru ne bursem mnt specified above have keen or wi necessarily be mad: or tncurred nd are reasonable in amount. Plaiacs fis entities 2 uegmen: again; defendant (s) S authorized he axed Tu lsae ae Sy 39( Hi ROD. R ON DOCUMENTS IX ACCA DANCE WITH 3 8 er MEN’ HE DOCUME MTTTED WIT) PH1S' GM oc ARE EL HERO: TNL DEN’ 7T ICAL, TE ORIGINAL iF ET 2OUC S, Onvei NAL, WAS STORED CTRONIG. CALLY aR Sys eee Hs aL GIF imag ie‘ In A WGI { ONCE, READ ys bi EhEG AN CN se INVA WORM CE SY: sy CARNG BH CHANGED. NCE 22 18 Natea ne ae, 2013 i ke N & ROTHMAN LLC Attorneys for Plaintise 2i87 Veter, ng Hig! away slandi a, N 49 (eat) 234-1500 x on notion ot Rubin an RoLnman, Lue, it s3 adjudged that ‘AY ie on: EN % tus AD Ne. located t 4agsy COR ROAD Go LEN ALLE vA aus recover GRACE A WAL YON : sidis at 5% : RONG oR APY ky NEW CLTY RY 386 e332 the sum ot 3 ait 0? and chat the Plaintiff have execution therefor bated PAUL PIPERATO ~ ROCKLAND-COUNTY-CLERK- Clerk FILED SPQ ds Jun 13 2013 ROCKLAND COUNTY CLERK’S OFFICE File Numer su-2013-030999 Seq 1 voc Seq .© File Number: 2013-00022614 Seq: 2 Pau) Piperato, county Clerk 1 South Main St., Ste. 100 New City, NY. 10956 (845) 638-5070 Rockland County Clerk Recording Cover Sheet Received From : First GRANTOR CAPITAL ONE BANK USA NA 4851 COX ROAD GLEN ALLEN, VA 23060 First GRANTEE WALTON, GRACE A 59 HERITAGE DR APT E NEW CITY, NY 10956 index Type : Land Records Instr Number : 2013-00033359 Orig Instr #: SU-2013-033068 Book: Page: Type of Instrument : Judgment Type of Transaction : Recording Fee : $0.00 Recording Pages : Recorded Information State of New York County of Rockland i hereby certify that the within and foregoing was recorded in the Clerk's office for Rockland County, New York ‘On (Recorded Date) : 09/04/2013 At (Recorded Time) 3:21:09 PM AREA Doe 1D - 028740740002 EA Ror Drees Paul Piperato, County Clerk This sheet constitutes the Clerks endorsement required by Section 319 of Reat Property Law of the State of New York Entered By MARISSAR Printed On : 08/05/2013 At. 3:23:42PM File Number: 2013-00033359 Seq: 1 BX NO 933008/2 NYSCEF DOC NO. 4 og /oas2er4 - N0000004184163: mM OF THE STATE OF NEW YORK R & R File No. 1060335 COUNTY OF RO CKLAND s ca7 N CAPITAL ONE BANK (USA), WAL Plaintiff -against- JUDGMENT GRACE A WALTON Index No. 033068/2013 Defendant (s) - Amount claimed in complaint o 3,632 Interest. nt ut : : TOTAL $ 3,632.57 Costs by Statute oe o Service of process... Fee for Index Number... 10... o M 1S : ae Se 210.00 Prospective execution fee a* waived 45.00 Motion Fee for Judgment... te 280.00 - TOTAL $ 3,912.57 STATE OF NEW YORK, COUNTY OF SUFFOLK: The undersigned, an attorney admitted to ractice in the State of New York, associated with the attorneys for plaint. £, under penalties of exjury, affirms the following to be true: The disbursements specified al e ove have been or will necessarily be made or incurred and are reasonable inb amount. Defendant(s) have failed to aj Be: ar, answer or move herein, and the time to do so having expired, plainti is‘entitled to judgment by default. A co of the summons was di josited on 7/06/13 (Deft in a separate ost paid envelope in an official depository of the United States Postal B ervice within New York State, addressed to each defaulting defendant's last own home address set forth herein. More than 20 days have elapsed and the envelo| e has not been returned as undeliverable b: the’ ost office. This ma e ling was made by the process server. CPLR 4539(b) AL REQUIREMENTS PH Ere UCTION OF REIN. JUDGMENT ARE EITHER ORIGINALS OR ID! ENTS IN ACCORDANCE WITH THE THE DOCUMENTS SUBMITTED WITH THIS CAL TO THE ORIGINAL. IF A REPRODUCTION, THE ORIGINAL WAS STORED ELECTRONICALLY IN A SYSTEM THAT CREATES TIF IMAGES AND RECORDS THEM IN A WO! WRITE ONCE, EAD MANY) cD SYSTEM. INFORMATION STORED IN A WORM CD SYSTEM CANNOT’ BE CHANGED ONCE IT I$ RECORD! Dated: September 3, 2013 KEITH H, ROTHMAN L RUBIN & ROTHMAN, ul Attorneys for Plaintitt 1787 Veterans Highway Islandia, N.Y. 11749 (631) 234-15) Now, on motion of Rubin and Rothman, LLC, it is adjudged that CAPITAL ONE BANK N.A. (USA), located at 4851 COX ROAD, GLEN ALLEN, VA 23060 recover of GRACE A WALTON residing at 59 HERITAGE DR APT E, NEW cITy, NY 10956 the sum of $ 3,912.57 and that the Plaintiff have execution therefor Dated: -- clerk FILED PAUL PIPERATO ROCKLAND COUNTY CLERK Sep 04 2013 Liq ds ROCKLAND COUNTY CLERK'S OFFICE File Number: 2013-00033359 Seq: 2 EXHIBIT A e ADJUSTABLE RATE NO {HOME EQUITY CONVERSION), FHA Case No, MARCH 26 2007 89 HERITAGE DRIVE, UNIT E. AW CIFY, NEW YORK 10956 [Property Address} 1. DEFINITIONS “Borrower” means each person signing at the end of thi te “Lender” means VERTICAL, ENDED and its suecexsore anit assigns "Secretary" means the Secretury of Housing and Urban Development or hie or her authorized represent 2. BORROWER'S PROMISE TO PAY; INTERES’ In return for amounts te he ads anced by T ender tov 6 the bene f Romower dler the tems of 2 Home Paity Conversion Loan Agreement dated MARCI 26, 2007 (Tyan recmer Borrower promises to pay to the order of I under a principat amonnt equal te the sum of ail Loam Advances made under the I om Ag with interest, AI amounts advanced by Lender, plus interest. if not paid enrlier, are dne and payable on MARCH 2082 Intesest will be recd on unpaid principal at therate of SIX AND BOTHOD percent ( 6.1300 "oy per year until the oll as nt of prince thas heen paid. ‘She mterest rate may change in accordance with Parngy ‘ of thiy Note. ried interest shall be died! 10 the pr pal halnnce as al ean Advance at the end of enck month 3. PROMISE TO PAY SECURED Berrewver’e promice to pay as scouned by moorteage, deul of trust er similar sccuity instrument that 1s dated the same date ac thiy Note and called the “Security Instrument That Security Instrument protects the Lender frem losses whick might resntt if, Borrower definits under thi Notz, 4. MANNER OF PAYMENT. (Time Borrower shall pay all outstanding principal and a, rucad nlerent to Fender upon reccipt of 9 novice by Lender quiring immediate payment in fill, as provided in Paragraph 7 « thie Note, (B) Place Payment sha be made at VERT ws XD INC. 500 NORTHRIDGE, ROAD STE. 500, ATLANTA, GEORGIA 30350 - Or any such other place ne Lender may designate in writing by nonce to Borrower cy lon af Liab Borrower shall haveno personal lish tv for payment of the debt Lender shall enforce the debi only through cate of the Property covered by the Scoueity {ostroment ( JANN") If this Note is assigned to the Seeretary, the Borrower shalt not be Linhle for any difference between the mort gC Insurance benefits paid te Lender amd the ceastanding machiedness, including accrucd interest, owed hy Rorrowter at the time of Ihe a6 rent §. INTERES] RATE CHANGES (9) Change Date The interest rate may change on the first day of UNF, 2007 vandun [[] that day of cach succeeding year [Xj une firet day of each succeccing month “C1 Date” means cach date on which the interest suite could change (B) The Index Reginning with the first Change the interest AGT be basedon an Ides. “Indes” meane the ly average yrelt on Stmtes Treasury Securiticn Husted 10 9 so nt matunty of one your, as made av. lubic hy the Federal Reserve: Board. "arrent Index” means the moet recent In 2 fi avai He V6 Any before dee ge Tate If the Index (ne defined above? ie no longer available, J.ender will ase as new any \ pruscrihed hy the Scerciary, Lender w