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  • Nationstar Mortgage Llc v. Lisa Ogden INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, Dutchess County Clerk, Homeowners Loan Corporation, John Doe, Michael Ogden Foreclosure (residential mortgage) document preview
  • Nationstar Mortgage Llc v. Lisa Ogden INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, Dutchess County Clerk, Homeowners Loan Corporation, John Doe, Michael Ogden Foreclosure (residential mortgage) document preview
  • Nationstar Mortgage Llc v. Lisa Ogden INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, Dutchess County Clerk, Homeowners Loan Corporation, John Doe, Michael Ogden Foreclosure (residential mortgage) document preview
  • Nationstar Mortgage Llc v. Lisa Ogden INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, Dutchess County Clerk, Homeowners Loan Corporation, John Doe, Michael Ogden Foreclosure (residential mortgage) document preview
  • Nationstar Mortgage Llc v. Lisa Ogden INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, Dutchess County Clerk, Homeowners Loan Corporation, John Doe, Michael Ogden Foreclosure (residential mortgage) document preview
  • Nationstar Mortgage Llc v. Lisa Ogden INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, Dutchess County Clerk, Homeowners Loan Corporation, John Doe, Michael Ogden Foreclosure (residential mortgage) document preview
  • Nationstar Mortgage Llc v. Lisa Ogden INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, Dutchess County Clerk, Homeowners Loan Corporation, John Doe, Michael Ogden Foreclosure (residential mortgage) document preview
  • Nationstar Mortgage Llc v. Lisa Ogden INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, Dutchess County Clerk, Homeowners Loan Corporation, John Doe, Michael Ogden Foreclosure (residential mortgage) document preview
						
                                

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(FILED: DUTCHESS COUNTY CLERK 1271072014 01:58 PM INDEX NO. 2014-51162 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/10/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS sn erenronvnor sence inane ecco RoEESIRiR RN Hale NATIONSTAR MORTGAGE LLC Plaintiff, vs. [MONS LISA OGDEN INDIVIDUALLY AND SURVIVING ORIGINAL FILED WITH THE JOINT TENANT WITH RIGHT OF CLERK ON SURVIVORSHIP OF JOAN MONACO, DUTCHESS COUNTY CLERK, HOMEOWNERS LOAN INDEX NO.: CORPORATION, MORTGAGED PREMISES: JOHN DOE (being fictitious, the names 30 ZERNER BOULEVARD unknown to Plaintiff intended to be HOPEWELL, NY 12533 tenants, occupants, persons or corporations having or claiming an SBL #: interest in or lien upon the property SECTION 6357, described in the complaint or their BLOCK 02, heirs at law, distributees, LOT 807599 executors, administrators, trustees, guardians, assignees, creditors or successors.) Defendant(s) TO THE ABOVE NAMED DEFENDANTS YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. 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. Dutchess County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. DATED: December oo » 2014 By A po Sarah K. Hyman, Esq. Gross Polowy, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Tel.: 716-204-1700 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS SS an RR ct SITIO NATIONSTAR MORTGAGE LLC Plaintiff, VS. LISA OGDEN INDIVIDUALLY AND SURVIVING COMPLAINT JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, DUTCHESS INDEX NO.: COUNTY CLERK, HOMEOWNERS LOAN CORPORATION, MORTGAGED PREMISES 30 ZERNER BOULEVARD JOHN DOE (being fictitious, the names HOPEWELL, NY 12533 unknown to Plaintiff intended to be tenants, occupants, persons or SBL#: corporations having or claiming an SECTION 6357, interest in or lien upon the property BLOCK 02, described in the complaint or their LOT 807599 heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors.) Defendant(s). Seo ere cr ee onmennnneannenennnnnn The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s) alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION: 1 Plaintiff is a limited liability company organized under the laws of the State of Delaware and is the holder of the subject note and mortgage or has been delegated authority to institute this mortgage foreclosure action by the owner and holder of the subject note and mortgage. Attached hereto as Schedule A is a copy of the original note. 2. On or about August 5, 2005, Lisa Ogden and Joan Monaco (who died on January 25, 2013, as a resident of Dutchess County, New York State ) executed and delivered a note whereby Lisa Ogden and Joan Monaco promised to pay the sum of $142,833.75 plus interest on the unpaid amount due. 3. As security for the payment of the note Lisa Ogden and Joan Monaco duly executed and delivered a mortgage, which was recorded as follows: Recording Date: August 19, 2005 Instrument Number: 01 2005 15839 Dutchess County Clerk The mortgage was subsequently assigned to Nationstar Mortgage LLC. 4. The mortgaged property is known as 30 Zerner Boulevard, Hopewell, NY 12533. The tax map designation is SECTION 6357, BLOCK 02, LOT 807599. Plaintiff is foreclosing the land, buildings, and other improvements located on the property. The property is more fully described in Schedule B attached to this complaint. 5. That Lisa Ogden failed to comply with the conditions of the note and mortgage by not making the payment that was due on January 1, 2014 and subsequent payments. Accordingly, Plaintiff hereby declares the entire amount owed on the note and secured by the mortgage. 6. There is now due and owing on the note and mortgage the following amounts: Principal balance: $123,993.75 Interest Rate: 5.875% Date interest accrues from: December 1, 2013 Together with late charges, monies advanced for taxes, assessments, insurance, maintenance and preservation of the property, and the costs, allowances, expenses of sale, and reasonable attorney's fees for the foreclosure. 7. In order to protect the value of the property and its rights in the property, the Plaintiff may have to pay taxes, assessments, water charges, insurance premiums and other charges. Plaintiff requests that any amount it pays, together with interest, be included in the total amount due. 8. The defendant(s) claim an interest or lien encumbering the property, which is either subordinate to Plaintiff's mortgage, or paid in full, equitably subordinated, or adverse to Plaintiff's mortgage. The interest or lien of each defendant is set forth in "Schedule C" of this complaint. 9. The interest or lien of any governmental entity of the United States, State, City or local government is set forth in "Schedule D" of this complaint. 10. The John Doe defendant(s) unknown are tenants, occupants, persons or corporations, heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors whose interest or lien is either subordinate to Plaintiff's mortgage, paid in full, equitably subordinated, or adverse to Plaintiff's mortgage. If the mortgagor or owner is deceased, the John Doe defendant(s) are the unknown heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors of the mortgagors or Owners. 11. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and Proceedings Law, and the mortgage was originated in compliance with all provisions of section 595-a of the Banking Law and any rules or regulations promulgated there under, and, if applicable, sections 6-1 or 6-m of the Banking law. 12. No action was brought to recover any part of the mortgage debt or if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff to discontinue it. AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF HEREIN ALLEGES: 13: Plaintiff repeats and re-alleges the allegations contained in Paragraphs "1" through "12", as though fully set forth herein. 14. Upon information and belief, all the defendants herein have or claim to have some interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of Plaintiff's mortgage, or has been paid or equitably subrogated to Plaintiff's mortgage, or has been duly subordinated thereto, or is adverse to that of Plaintiff. The reason for naming said defendants is set forth in Schedule "C and/or D" that is attached to this complaint. 15. Defendant Dutchess County Clerk has lien on its records held by Homeowners Loan Corporation which appear(s) to be prior and adverse to the mortgage being foreclosed: Recording date: November 10, 2004 Index Number: 01 2004 28502 At: Dutchess County Clerk 16. The interest of Plaintiff in the property is set forth in paragraph "1", above. 17. Upon information and belief, all of the defendants are known, and none of them are infants, mentally retarded, mentally ill or alcohol abusers. 18. Upon information and belief, there are no persons not in being or ascertained at the commencement of this action who by any contingency contained in a devise or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved in this action, and any judgment rendered herein will not and may not affect any such person not in being or not ascertained at the time of the commencement of this action. 19. The lien(s) of Defendant Homeowners Loan Corporation appears to be prior and adverse to the mortgage being foreclosed and is subject to be declared invalid and extinguished pursuant to Article 15 of the Real Property Actions and Proceedings Law. 20. Plaintiff hereby requests that the Judgment of Foreclosure state the following: ORDERED, ADJUDGED AND DECREED, that the lien which appears to be prior and adverse to the mortgage being foreclosed, namely the lien of Defendant Homeowners Loan Corporation, is hereby declared invalid and extinguished pursuant to RPAPL Article 15; and it is further ORDERED, ADJUDGED AND DECREED, that all Defendants and all persons or entities claiming by, through or under them, be and are hereby forever barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; and it is further ORDERED, ADJUDGED AND DECREED, that the Dutchess County Clerk upon the payment of its requisite fees, shall record and index a certified copy of this Order/Judgment in the same manner as the lien being extinguished; WHEREFORE, PLAINTIFF DEMANDS: a. Judgment determining the amount due Plaintiff for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest. That the property be sold at auction to the highest bidder in accordance with the referee's terms of sale. That the interest of the defendant(s) and all persons claiming by or through them be foreclosed and their title, right, claim, lien, interest or equity of redemption to the property be forever extinguished. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property, and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest. That the property be sold in as is condition and subject to the facts an inspection or accurate survey of the property would disclose, covenants, restrictions, easements and public utility agreements of record, building and zoning ordinances and violations, and the equity of redemption of the United States of America. That Plaintiff may purchase the property at the sale. That a receiver be appointed for the property, if requested by Plaintiff. That a deficiency judgment against all obligors on the note, for the amount that remains due after distribution of the sale proceeds, unless the debt was discharged in a bankruptcy, be granted if requested by Plaintiff. That if the Plaintiff possesses other liens against the property, they not merge with the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be allowed to share in any surplus proceeds resulting from the sale. That Defendant Homeowners Loan Corporation's interest in the mortgaged premises, and all persons or entities claiming by, through or under them, be declared invalid and extinguished, and that Defendant Homeowners Loan Corporation and all persons or entities claiming by, through or under them, be barred and foreclosed of and from all right, claim, lien, interest or equity or redemption in and to said mortgaged premises and that the Plaintiff be granted reformation of the record to reflect said lien being extinguished. Awarding the relief requested in the SECOND cause of action stated in this complaint. That the Court award Plaintiff additional relief that is just, equitable and proper. By: A ural Ww Sarah K. Hyman, Esq. Gross Polowy, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Tel.: 716-204-1700 Schedule A Attached hereto at Schedule A is a true and accurate copy of the original note. If applicable, certain non-public personal information has been redacted from the attached document. ~ Paapared by: HAO LA ve ” NOTE AUGUST 05, 2005 HOPEWELL JUNCTION [Date] NEW YORK [city] (State) 30 ZERNER BLVD, HOPEWELL, NY 12533 UPropenty Address) 1. BORROWER'S PROMISE TO PAY Jn return fora loan thatI plus interest, to the order of the have received, I Prom Lender. TheLender is to is pay U.S. e $ 242,833.75 (this amount is called “Principal”), COUNTRYWIDE HOME LOANS INC J will make all payments under isNote in the form of cash, check or money order T understand that the Lender may transfer , entitled to receive payments under this Note is called this Note. The Lender or any 1yone Who takes the "Note Holder." this Note by transfer and who is 2. INTEREST Interest will be charged on unpaid Principal until the full amount rate of 5.875 %. of Principal has been paid. I will pay interest at ayearly ‘The interest rate required by this Section 2 is the rateI will of this Note, Pay both before and after any default described in Section 6(B) 3. PAYMENTS (A) Time and Place of Payments Iwill pay principal and interest by making a payme I will make my monthlypa: ymentonthe FIRST nt every month, OCTOBER 01, 2005 -1 day of each month beginning on any other charges described belowwill make these payments every month that I may owe under this Not tc. Bach until J have paid all of the principal and interest and due date and will be aj ipplied to interest before Princi monthly paymen t will be applied as of its scheduled Note, I will pay those amounts in full on that date, pal. If, on SEPTEMBER 01, 20: 35. I still owe amou under nts this Iwill make my monthly payments at which is called the "Maturity Date," P.0, Box 660694, Dallas, TX 75266-0694 or ala different place if required by the Note Holder. (B) Amoof untMonthly Payments ‘My monthly payment will be in the amou ofnt U.S, $ 844.92 4. BORROWER'S RIGHT TO PREPAY Ihave the right to make Payments of Princiy pal “Prepayment.” When I make a Prepayment, will. al any time before they are 4due, A Payment of Principal only is known as a made all the monthly payments due uider the18 that I tell the Note Holder in writin, I am doing so. I may not designate a Payment as @ Prepay if I haveme not nt I may make a full Prepay yment Or partial Prepayments without Paying a Note. Prepayments to reduce the amount of Principal that I owe under this Prepayment charge, The Note Holder will use my to the acerued and unpaid interest on the Prepayment amount, befor re Note, However, the Note Holder may apply my Prepay applying my Pr ‘epayment (0 reduce the Principal amountmentof the Note. If I makea Partial Prepayment, there will be no chan, unless the Note Holdler agrees in writing to those change iges in the duc date or in the amount of my monthly payment s. 5. LOAN CHARGES Ifa Jaw, which applics to this loan which sets maximum loan charges collected or to be collected and loan charges, is finally interpreted so that the interest shall be reduced by the amount necessaryin4 connect ion with this Joan exceed the permitter or other id limits, then: (a) any such Joan charge 10 reduce the cl sharge to the permitted limit; ; and (b) me which exceeded Permitted limits will be refun ded to me. The Note Holder may chi \oose (0 any sums already collected from Principal I owe wn mder this Note or by making a make direct payment to me, If a refund redu ices Principal, thethisreduct refund by reducing the aS a partial Prepayment, ion will be treated NEW YORK FIXED RATE NOTE:Singlo Famly-Fannle Mae/F reddiMace UNIFORMINSTRUMENT. \VMP MORTGAGE FORMS- (800)821-7291, wits DL SD nny) (0005).01 CHL (08/02)(d) Page 1 of 2 Form 3233 1/01 “23991 Mt il “*1082801200000 Ini Nil - arenes 6. BORROWER'S FAILURE TO PAY AS REQUIRED LOAN #: 110828012 (A) Late Charge for Overdue Payments Af the Note Holder has not received the full days after the date it is due, 1 wil I pay a late chargeamount of any monthly payment by to the Note Holder. ‘The amount of thethe endcharge of FYETEEN calendar ‘overdue payment of principal and interest . I will pay this late charge promptly but only once on eachwill latebe 2.000 %ofmy pay, ment If do not pay the full amount of‘each month ly payment on the date it is due, 1 will be in (©) Notice of Default default, Jf Tam in default, the Note Hollder may send me a written notice telling me that ifI do not ay the overdu Certain date, the Note Holder may re require me to pay immediately the full amount e amount by a the interest that I owe on that ‘amount. of Principal which has not been paid and all That date must be al least30 days after the date delivered by other means. on which the notice is mailed to me or (D) No Waiver By Note Holder Even if, at atime when J am in default, the Note Holder doesnot require me to ay immediately the Note Holder will still have the right to do so ifI am in defai wit at'a Later time. in full as described above, (E) Payment of Note Holder's Costs and Expen ses If the Note Holder has required me to Pay immedi ately in full as described paid back by me for all of its costs and ex; ppenses in enforcing this Note to the ‘above, the Note Holder will have the right to be expenses include, for example, reasonable attorneys’ fees. extent not prohibited by applicable law. Those 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be siven to me under this Note will be given by delive ering it or by mailing it by first class mail ‘0 me at the Property Address above or at a differe Holder a notice of my different address, nt address if I give the Note Any notice that must be given to the Note Holder under this Note will be Riven by delivering it class mail to the Note Holder At the address stated in Section 3(A) above or at adifferent addres or by mailing it by first different address, s if I am given a notice of that 8, OBLIGATIONS OF PERSONS UNDER ‘THIS NOTE Af more than one person signs this Note, each person this Note, including is full ly and personally obligated 10 keep all of the promises made in the promise to pay the full amount owed. also obligated to do these things, Any person Any person who is a guarantor, surety or endorser of this Note is over these obligations, including the obligations of a guarant (or endorser of this Note, is also obligated to keepwhoalltakes of the promises made in this Note, The Note Holder may enforceor,its Tights surety under this Note against each Person individually or against : all of us together, ‘This means that any one of us may pay all of the amounts owedunder this Note, be required to 9. WAIVERS 1 and any’ other person “Presentment” means the right who 10 has obli iigations under this Note waive the rights of Presentment Fight to require the Note Holder to requir e the Note Holder to demand payment of amounts due. “Notice andof Dishono Notice of Dishonor, give notice to other persons that amounts due have not been paid, r" means the 10. UNIFORM SECURED NOTE ‘This Note isa uniform instrumentit with limited variatio ns in some jurisdictions. In addition to the protect Note Holder under this Note, a Mort ions given to the (gage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same this Note, protects the Note Holder from Possible date as Josses which might result if 1 do not keep the promises Note. That Security Instrument describes how which I make in this and under what conditions may be required to make of all amounts I owe under this Note. ‘Some of those immediate payment in full condit are descri ion bedsas follows: Lender may require immediate Payment in full of all Sums Secured by this Security Instrument if any part of the Property, or if any right in the Property all or , is sold or transferred without Permission. If Borrower is a ‘natural person and a beneficial interest tin Borrower Lender's without Lender's prior writtennotPemnission, prior written is sold or transferred Lender also may 'y require immediate payment in full, option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. However, this If Lender requires immediate Payment in full states this requirement, ‘The notice wi give me at under this Section 18, Lender will give me a notice which period will begin on the date the notice is given to least 30 days 10 make the required payment. ‘The 30-day me in the mi anner required by Section 15 of this Instrument. If I do not makthee required payment during that per riod, Lender Security this Security Instrument without giving me may act (0 enforce its rights under any further notice or: demand for payment, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Bene Cheeta (Seal) Goan. Monaco LISA OGDEN oO (Seal) Borower oan Hebidco ‘Borrower (Seal) -Borower (Seal) -Borower [Sign Original Only] @, sn) (0005).01 CHL (08/02) Page 2.ot 2 Form 3233 1/01 PAY TOTHE ORDER OF (COUNTRYWIDE HOME LOANS, ING, COMPANY, NA. AS ATTORNEY-IN-FACT, Bite pau ITA P, Schedule B - Legal Description GNIS WEB’ )TITLE “rst 500-A Canal View Boulevard, Rochester, NY 14623 P: (888-250-9056 / F: 888-250-9057) www. webtitle.us Title No.: WTA-14-030356 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES All that certain parcel of land situate in the Town of East Fishkill, County of Dutchess and State of New York which on a certain map dated June, 1971 made by Richard N. Carlson, L.S. and Michael J. Morris P.E., entitled "Subdivision plat, Jefferson Park, Section ILA” and filed in the Office of the Dutchess County Clerk on the 10th day of January, 1972 as Map No. 3896, is more particularly set forth and designated on said Map as Lot No. 47 SCHEDULE B Schedule C - Defendants LISA OGDEN INDIVIDUALLY AND Record owner and original mortgagor. SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO HOMEOWNERS LOAN CORPORATION Holder of a mortgage. Named as a party Defendant herein to extinguish said Defendant's lien, as Plaintiff believes Defendant has been paid in full, and that the lien of the Plaintiff is superior. JOHN DOE being fictitious, the names unknown to Plaintiff intended to be tenants, occupants, persons or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors. Schedule D - Defendants DUTCHESS COUNTY CLERK Named to be jurisdictionally joined as a party defendant for the relief requested in Plaintiff’s second cause of action. STATE OF NEW YORK SUPREME COURT: COUNTY OF DUTCHESS ene erence iemaeresauemesnnnaiatineniatie NATIONSTAR MORTGAGE LLC Plaintiff, vs. LISA OGDEN INDIVIDUALLY AND SURVIVING JOINT TENANT WITH RIGHT OF SURVIVORSHIP OF JOAN MONACO, et al. Defendants. SUMMONS AND COMPLAINT Seteertncasanneensmeneenrennenmeey GROSS POLOWY, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Tel.: 716-204-1700