Preview
(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