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FILED: QUEENS COUNTY CLERK 03/21/2014 INDEX NO. 701911/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/21/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
SUMMONS AND NOTICE
Federal National Mortgage Association ("Fannie Mae"), a
corporation organized and existing under the laws of the Index No. _______________
United States of America,
Date Filed:______________
Plaintiff,
-against-
Ian Harris; Criminal Court of the City of New York; City of
New York Environmental Control Board; City of New York
Parking Violations Bureau; City of New York Transit
Adjudication Bureau, "JOHN DOE", said name being
fictitious, it being the intention of Plaintiff to designate any
and all occupants of premises being foreclosed herein, and
any parties, corporations or entities, if any, having or
claiming an interest or lien upon the mortgaged premises,
Defendants.
PROPERTY ADDRESS: 221-02 101st Avenue, Queens Village, NY 11429
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 a notice of appearance on the attorneys for the Plaintiff within thirty
(30) days after the service of this summons, exclusive of the day of service. The United States of
America, if designated as a defendant in this action, may 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 OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of
the above captioned action is to foreclose a Consolidation and/or Modified Mortgage (hereinafter
“the Mortgage”) to secure $371,788.37 and interest, recorded in the Queens County Office of the
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
MORTGAGE FORECLOSURE
Federal National Mortgage Association ("Fannie Mae"), a COMPLAINT
corporation organized and existing under the laws of the
United States of America, Index No. _______________
Plaintiff, Date Filed:______________
-against-
Ian Harris; Criminal Court of the City of New York; City of
New York Environmental Control Board; City of New York
Parking Violations Bureau; City of New York Transit
Adjudication Bureau, "JOHN DOE", said name being
fictitious, it being the intention of Plaintiff to designate any
and all occupants of premises being foreclosed herein, and
any parties, corporations or entities, if any, having or
claiming an interest or lien upon the mortgaged premises,
Defendants.
The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the
defendants above named, and for its cause of action, alleges that:
First: The Plaintiff herein, at all times hereinafter mentioned was and still is a
duly authorized Corporation or Association and having an office at c/o 14523 SW Millikan Way,
Suite 200, Beaverton, Oregon 97005.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants set forth in Schedule "A" reside or have a place of
business at the address set forth therein and are made defendants in this action in the capacities
therein alleged and for the purpose of foreclosing and extinguishing any other right, title or
interest said defendants may have in the subject premises.
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Third: The United States of America, The People of the State of New York, The
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York and all other agencies or instrumentalities of the Federal, State or local government
(by whatever name designated) if made parties to this action and if appearing in Schedule "B",
are made parties solely by reason of the interest set forth in Schedule "B" and for no other
reason.
Fourth: Heretofore, the defendant(s), Ian Harris, for the purpose of securing to
Bank of America, N.A., its successors and assigns, the sum of $371,788.37, duly made a certain
bond, note, consolidation, extension, modification, recasting, or assumption agreement, as the
case may be, wherein and whereby they bound themselves, their heirs, executors, administrators
and assigns, and each and every one of them, jointly and severally, in the amount of said sum of
money, all as more fully appears together with the terms of repayment of said sum or rights of
Bank of America, N.A., its successors and assigns, in said bond, note or other instrument, a copy
of which is attached hereto and made a part hereof.
Fifth: As security for the payment of said indebtedness, a consolidation,
extension and/or modification agreement was executed, acknowledged and delivered to Bank of
America, N.A. recorded in the Queens County Office of the City Register on September 3, 2013,
in CRFN 2013000353331, wherein and whereby the mortgagor(s) named therein mortgaged,
bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the
premises more particularly described therein, hereinafter called "mortgaged premises", under
certain conditions with rights, duties and privileges between or among them as more fully
appears in said consolidation, extension and/or modification agreement, a copy of which is
attached hereto and made a part hereof. Said Loan Modification (hereinafter “the Mortgage”)
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modified the mortgage(s) referred to in Schedule "D" hereof to form a single first mortgage lien
in the sum of $371,788.37.
Sixth: The Plaintiff is the current owner and holder of the subject mortgage and
note, or has been delegated the authority to institute a mortgage foreclosure action by the owner
and holder of the subject mortgage and note. If Plaintiff is not the original owner and holder of
the subject note and mortgage then information regarding the chain of title will be contained in
Schedule "D".
Seventh: The said mortgages were duly recorded and the mortgage tax due thereon
was duly paid on the recorded instrument in the proper County Clerk's Office at the place and
time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to the
Modification Agreement, if any, prior to Judgment of Foreclosure and Sale.
Eighth: The defendant(s), Ian Harris, so named, have failed and neglected to
comply with the conditions of said mortgage, bond or note by omitting and failing to pay the
monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums,
escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect
to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH"
hereof.
Ninth: Heretofore and prior to the commencement of this action, part of the
original principal sum may have been paid to apply on said indebtedness and there remains due
the amount set forth in Schedule "C".
Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be
compelled during the pendency of this action, local taxes, assessments, water rates, insurance
premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff
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requests that any sums thus paid by it for said purposes (together with interests thereon) should
be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged
a valid lien on the mortgaged premises, the amount of which will ultimately be determined by
the Court.
Eleventh: 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, or is otherwise subordinate to, the lien of plaintiff's mortgage.
Twelfth: There are no pending proceedings at law or otherwise to collect or
enforce said bond/note and mortgage and there is no other action pending which has been
brought to recover said mortgage debt or any part thereof.
Thirteenth: The Schedules, Exhibits and other items attached to this Complaint
are expressly incorporated and made a part of this Complaint for all purposes with the same force
and effect as if they were completely and fully set forth herein wherever reference has been made
to each or any of them.
Fourteenth: By reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting
agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late
charges, and interest, the amount of which will be determined by the Court.
Fifteenth: The mortgage provides that, in the case of foreclosure, the
mortgaged premises may be sold in one parcel.
Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released
or changed the election hereinbefore made by reason of the payment or performance, after the
date of the commencement of this action, of any or all of the defaults mentioned herein; and such
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election shall continue and remain effective until the costs and disbursements of this action, and
all present and future defaults under the Note and Mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may
be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as
a result of this action will be used for that purpose.
Eighteenth: If the subject note and mortgage fall within the prescribed
definition of a subprime home loan or high-cost home loan as identified under section six-l or
six-m of the New York State Banking Law, then Plaintiff has complied with all the provisions of
section five-hundred ninety-five of the New York State Banking Law and any rules and
regulations promulgated thereunder, section six-l or six-m of the New York State Banking Law
and section thirteen hundred four of New York State Real Property Actions and Proceedings
Law (RPAPL).
Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, if
applicable.
WHEREFORE, plaintiff demands judgment:
(a) Adjudging and decreeing the amounts due the plaintiff for principal, interest,
costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
(b) That the defendants and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
corporation whose right, title conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of
redemption in and to said mortgaged premises;
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(c) That the said mortgaged premises, or such part thereof as may be necessary to
raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold according
to law;
(d) That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts then due on said bond/note and mortgage and any sum which may have been paid by the
plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said
amounts from the dates of the respective payments and advances thereof, the costs and expenses
of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in
the mortgage, rider or other agreement, so far as the amount of such money properly applicable
thereto will pay the same;
(e) That either or any of the parties to this action may become a purchaser upon such
sale;
(f) That this Court forthwith appoint a Receiver of the rents and profits of said
premises with the usual powers and duties;
(g) That the defendant(s), Ian Harris, unless discharged in bankruptcy may be
adjudged to pay any deficiency that may remain after applying all of said monies so applicable
thereto;
(h) That the United States of America shall have the right of redemption, if
applicable;
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SCHEDULE A – DEFENDANTS
DEFENDANTS CAPACITY
Ian Harris Owner of record and Obligor by virtue of the
22102 101st Avenue Consolidation and/or Modification Agreement
Queens Village, NY 11429 referred to in Schedule D attached hereto.
“JOHN DOE” Said name being fictitious, it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
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SCHEDULE B – DEFENDANTS
DEFENDANTS CAPACITY
Criminal Court of the City of New York Lienor by virtue of a Queens County Court
120 Schermerhorn Avenue, 5th Floor judgment filed on September 6, 2011 for
Brooklyn, NY 11201 $120.00 vs. Ian Harris.
Attorney: District Attorney of Queens County.
City of New York Environmental Control To cut off any possible liens filed by the
Board Environmental Control Board with the Clerk of
100 Church Street Queens County.
New York, NY 10007
City of New York Parking Violations Bureau To cut off any possible liens filed by the New
100 Church Street York City Parking Violations Bureau with the
New York, NY 10007 Clerk of Queens County.
City of New York Transit Adjudication Bureau To cut off any possible liens filed by the
130 Livingston Street Transit Adjudication Bureau with the Clerk of
Brooklyn, NY 11201 Queens County.
SCHEDULE C
MORTGAGE INFORMATION
1. Original Amount of Bond/Note/
Consolidation or Modification Agreement $371,788.37
2. Last installment due and paid May 1, 2012
3. Date of first unpaid installment/
default date June 1, 2012
AMOUNT DUE
4. Principal balance owing $371,414.06
5. *Interest @ 6%
from May 1, 2012 To Be Calculated at Judgment
6. Late charges as per the terms of the Note To Be Calculated at Judgment
7. Taxes Advanced by Plaintiff To Be Calculated at Judgment
8. Escrow Advances To Be Calculated at Judgment
* Interest will continue to accrue at the contract bond/note/loan agreement rate, until a
Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at
which time the interest rate will be calculated at the legal rate of 9.00%.
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SCHEDULE D
The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated
March 19, 2012, executed by Ian Harris, as Mortgagor(s) to Bank of America, N.A., as
Mortgagee, to secure the sum of $371,788.37, and recorded in the Queens County Office of the
City Register on September 3, 2013, at CRFN 2013000353331.
The foregoing instrument consolidated and/or modified the following mortgage(s): The
Mortgage given by Ian Harris to Mortgage Electronic Registration Systems, Inc., as nominee for
Countrywide Bank, FSB to secure the sum of $326,700.00 dated May 16, 2008 and recorded on
June 2, 2008 at CRFN 2008000219601. The Note and Mortgage were transferred to BAC Home
Loans Servicing, LP fka Countrywide Home Loans Servicing, LP and said transfer was
memorialized by an Assignment of Mortgage dated June 8, 2010 and recorded on March 4, 2011
at CRFN 2011000080631. The Note and Mortgage were transferred to Federal National
Mortgage Association and said transfer was memorialized by an Assignment of Mortgage dated
October 16, 2012 and recorded on October 31, 2012 at CRFN 2012000428908.
In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
assign, and was delivered to Plaintiff prior to the commencement of this action.
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FILED: QUEENS COUNTY CLERK 03/21/2014 INDEX NO. 701911/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/21/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS SUMMONS AND NOTICE Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the Index No. _______________ United States of America, Date Filed:______________ Plaintiff, -against- Ian Harris; Criminal Court of the City of New York; City of New York Environmental Control Board; City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau, "JOHN DOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. PROPERTY ADDRESS: 221-02 101st Avenue, Queens Village, NY 11429 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 a notice of appearance on the attorneys for the Plaintiff within thirty (30) days after the service of this summons, exclusive of the day of service. The United States of America, if designated as a defendant in this action, may 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 OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is to foreclose a Consolidation and/or Modified Mortgage (hereinafter “the Mortgage”) to secure $371,788.37 and interest, recorded in the Queens County Office of the 13-023751 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS MORTGAGE FORECLOSURE Federal National Mortgage Association ("Fannie Mae"), a COMPLAINT corporation organized and existing under the laws of the United States of America, Index No. _______________ Plaintiff, Date Filed:______________ -against- Ian Harris; Criminal Court of the City of New York; City of New York Environmental Control Board; City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau, "JOHN DOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office at c/o 14523 SW Millikan Way, Suite 200, Beaverton, Oregon 97005. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants set forth in Schedule "A" reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. 13-023751 Third: The United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York and all other agencies or instrumentalities of the Federal, State or local government (by whatever name designated) if made parties to this action and if appearing in Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for no other reason. Fourth: Heretofore, the defendant(s), Ian Harris, for the purpose of securing to Bank of America, N.A., its successors and assigns, the sum of $371,788.37, duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of Bank of America, N.A., its successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: As security for the payment of said indebtedness, a consolidation, extension and/or modification agreement was executed, acknowledged and delivered to Bank of America, N.A. recorded in the Queens County Office of the City Register on September 3, 2013, in CRFN 2013000353331, wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, hereinafter called "mortgaged premises", under certain conditions with rights, duties and privileges between or among them as more fully appears in said consolidation, extension and/or modification agreement, a copy of which is attached hereto and made a part hereof. Said Loan Modification (hereinafter “the Mortgage”) 13-023751 modified the mortgage(s) referred to in Schedule "D" hereof to form a single first mortgage lien in the sum of $371,788.37. Sixth: The Plaintiff is the current owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. If Plaintiff is not the original owner and holder of the subject note and mortgage then information regarding the chain of title will be contained in Schedule "D". Seventh: The said mortgages were duly recorded and the mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the place and time which appears thereon. Plaintiff shall pay the requisite mortgage tax attributed to the Modification Agreement, if any, prior to Judgment of Foreclosure and Sale. Eighth: The defendant(s), Ian Harris, so named, have failed and neglected to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH" hereof. Ninth: Heretofore and prior to the commencement of this action, part of the original principal sum may have been paid to apply on said indebtedness and there remains due the amount set forth in Schedule "C". Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be compelled during the pendency of this action, local taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff 13-023751 requests that any sums thus paid by it for said purposes (together with interests thereon) should be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged a valid lien on the mortgaged premises, the amount of which will ultimately be determined by the Court. Eleventh: 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, or is otherwise subordinate to, the lien of plaintiff's mortgage. Twelfth: There are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage and there is no other action pending which has been brought to recover said mortgage debt or any part thereof. Thirteenth: The Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of this Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. Fourteenth: By reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting agreement, the unpaid principal balance set forth in Schedule "C", and such other fees, costs, late charges, and interest, the amount of which will be determined by the Court. Fifteenth: The mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such 13-023751 election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid and cured. Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a result of this action will be used for that purpose. Eighteenth: If the subject note and mortgage fall within the prescribed definition of a subprime home loan or high-cost home loan as identified under section six-l or six-m of the New York State Banking Law, then Plaintiff has complied with all the provisions of section five-hundred ninety-five of the New York State Banking Law and any rules and regulations promulgated thereunder, section six-l or six-m of the New York State Banking Law and section thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL). Nineteenth: Plaintiff has complied with the provisions of RPAPL § 1306, if applicable. WHEREFORE, plaintiff demands judgment: (a) Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs, and reasonable attorney's fees, if and as provided for in the said mortgage; (b) That the defendants and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of redemption in and to said mortgaged premises; 13-023751 (c) That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; (d) That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts then due on said bond/note and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in the mortgage, rider or other agreement, so far as the amount of such money properly applicable thereto will pay the same; (e) That either or any of the parties to this action may become a purchaser upon such sale; (f) That this Court forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; (g) That the defendant(s), Ian Harris, unless discharged in bankruptcy may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto; (h) That the United States of America shall have the right of redemption, if applicable; 13-023751 SCHEDULE A – DEFENDANTS DEFENDANTS CAPACITY Ian Harris Owner of record and Obligor by virtue of the 22102 101st Avenue Consolidation and/or Modification Agreement Queens Village, NY 11429 referred to in Schedule D attached hereto. “JOHN DOE” Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 13-023751 SCHEDULE B – DEFENDANTS DEFENDANTS CAPACITY Criminal Court of the City of New York Lienor by virtue of a Queens County Court 120 Schermerhorn Avenue, 5th Floor judgment filed on September 6, 2011 for Brooklyn, NY 11201 $120.00 vs. Ian Harris. Attorney: District Attorney of Queens County. City of New York Environmental Control To cut off any possible liens filed by the Board Environmental Control Board with the Clerk of 100 Church Street Queens County. New York, NY 10007 City of New York Parking Violations Bureau To cut off any possible liens filed by the New 100 Church Street York City Parking Violations Bureau with the New York, NY 10007 Clerk of Queens County. City of New York Transit Adjudication Bureau To cut off any possible liens filed by the 130 Livingston Street Transit Adjudication Bureau with the Clerk of Brooklyn, NY 11201 Queens County. SCHEDULE C MORTGAGE INFORMATION 1. Original Amount of Bond/Note/ Consolidation or Modification Agreement $371,788.37 2. Last installment due and paid May 1, 2012 3. Date of first unpaid installment/ default date June 1, 2012 AMOUNT DUE 4. Principal balance owing $371,414.06 5. *Interest @ 6% from May 1, 2012 To Be Calculated at Judgment 6. Late charges as per the terms of the Note To Be Calculated at Judgment 7. Taxes Advanced by Plaintiff To Be Calculated at Judgment 8. Escrow Advances To Be Calculated at Judgment * Interest will continue to accrue at the contract bond/note/loan agreement rate, until a Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate of 9.00%. 13-023751 SCHEDULE D The instrument being foreclosed herein is a Consolidated and /or Modified Mortgage dated March 19, 2012, executed by Ian Harris, as Mortgagor(s) to Bank of America, N.A., as Mortgagee, to secure the sum of $371,788.37, and recorded in the Queens County Office of the City Register on September 3, 2013, at CRFN 2013000353331. The foregoing instrument consolidated and/or modified the following mortgage(s): The Mortgage given by Ian Harris to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB to secure the sum of $326,700.00 dated May 16, 2008 and recorded on June 2, 2008 at CRFN 2008000219601. The Note and Mortgage were transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP and said transfer was memorialized by an Assignment of Mortgage dated June 8, 2010 and recorded on March 4, 2011 at CRFN 2011000080631. The Note and Mortgage were transferred to Federal National Mortgage Association and said transfer was memorialized by an Assignment of Mortgage dated October 16, 2012 and recorded on October 31, 2012 at CRFN 2012000428908. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. 13-023751