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| NYSCEF DOC. NO. 22 RECEIVED
INDEX NO.
NYSCEF:
505565/
11/11/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATIONSTAR MORTGAGE LLC,
Index No. 505565/2013
Plaintiff,
-Vs-
NORRIS SINCLAIR A/K/A NORRIS ALPHANSO AFFIDAVIT
SINCLAIR;“JOHN DOE” AND “JANE DOE” said
names being fictitious, it being the intention ofPlaintiff
to designate any and all occupants of premises being
foreclosed herein,
Defendant(s).
STATE OF _TEXAS )
COUNTY OF _ DENTON ) ss:
MICHAEL WOODS , being duly sworn, deposes and says:
1 Iam employed as a VICE PRESIDENT by Nationstar Mortgage LLC
(“Nationstar”), the plaintiff of the mortgage loan that is the subject of this action (the “Mortgage
Loan”). [have personal knowledge of the facts contained in this Affidavit by virtue of my position at
Nationstar, my familiarity with Nationstar’s processes and based upon my review and analysis of the
relevant business records and other documents of Nationstar referenced and attached herein. While
many of Nationstar’s processes are automated, the information manually entered by Nationstar
employees relating to loans on those systems is based upon personal knowledge of the information
and entered into the system at or near the time the knowledge was acquired. These computerized
records are created and maintained in the regular course of its business as a loan servicer and
Nationstar relies on the records in the ordinary course to conduct its business as a loan servicer.
\
These systems also include records of BANK OF AMERICA , the prior servicer of the mortgage
loan. Iam duly authorized to execute this Affidavit on behalf of Nationstar in support of Nationstar’s
application for summary judgment and the appointment of a referee.
2. Nationstar received the original Note on _ February 26, 2014 and said note is
endorsed in blank or to Plaintiff. A true copy of the original Note in Plaintiff's possession is
attached as Exhibit A.
3 A true copy of the original recorded Mortgage is attached as Exhibit B. A true copy
of the Consolidation, Extension, and Modification Agreement is attached as Exhibit C. The
Mortgage, as consolidated, was assigned to Nationstar prior to commencement of this action. A
copy of the Assignment of Mortgage is attached as Exhibit D.
4 The original Note endorsed in blank was transferred to Nationstar prior to
commencement of this action and Plaintiff continues to hold the original Note.
5 The Mortgage Loan is in default and is due for the April 1, 2012 payment and all
subsequent payments.
6. The servicing records show that a demand letter was mailed to NORRIS SINCLAIR
(“Defendant(s)”) on September 19, 2012 which letter advised Defendant(s) of the default. A true
copy of the demand letter is attached as Exhibit E.
7 The servicing records further show that the 90-day notices required by statute were
mailed to Defendant(s) by regular and certified mail to both the last known mailing address and to
the property address on September 19, 2012. These letters were sent in separate envelopes from any
other mailing or notice and were accompanied by a list of housing counseling agencies as. required by
statute. True copies of the 90-day notices sent to Defendant(s) are attached as Exhibit F.
8 Despite the notices sent to Defendant(s), the default was never cured. Therefore, this
action was commenced to recover the entire unpaid principal balance together with
interest and
disbursements, including reasonable attorneys’ fees and costs allowable under the terms of
the
Mortgage Loan.
9 In support of the instant motion, the following documents have been provided to
counsel: 1. Note, Exhibit “A”, 2. Mortgages, Exhibit “B”, 3. wonsolidation,
Consolidation, Extension and
Extension and
Modification Agreement, Exhibit “C”, 4. Assignments of Mortgage, Exhibit “D”, 5. Notice of
Defa ult, Exhibit “E”, 6. Ninety Day Notice, Exhibit “F”, 7. Truth in Lending Statement, Exhibit “J”,
8. Itemiz: ation of Amount Financed, Exhibit “K”, and 9. HUD-1 Settlement Statement, Exhibit “L.”
NATIONSTAR MORTGAGE LLC
By:
WALZ Ufs/ty
MICHAEL WOODS
Title:
VICE PRESIDENT
Before me, a notary public, on this day personally appeared_MICHAEL WOODS >, known to
me to be the person whose name is subscribed to the foregoing document and, being by me first duly
sworn, declared that the statements therein contained are true and correct.
oer aen_
Notary PublibS Signature
(Personalized Seal)
SHERRY SUMERAUER
Notary Public, State of Texas
My Commission Expires
more August 26, 2018
{ALSO TO BE EXECUTED IF OUTSIDE OF THE STATE OF NEW YORK)
STATE OF _ TEXAS )
COUNTY OF DENTON ) ss:
On the 3 day of Mov. in the year 2014, before me, the undersigned, personally appeared
Michael Woods _ personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that
che/she executed the same in his/her capacity, that by his/her signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument, and that
such individual made such appearance before the undersigned in_Denton County, Texas
QJumwain—
Notary Publi¢
SHERRY SUMERAUER
‘Notary Public, State of Texas
My Commission Expires
i, August 26, 2018
CERTIFICATE OF CONFORMITY
STATEOF Taxa
COUNTYOF Qyatew
The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice
in the State of pea» and is a resident of l t 8 » in the State of
Te a4 : that he/she is a person duly qualified to make this certificate of conformity
pursuant to Section 299-a of the Real Property Law of the State of New York: that the foregoing
acknowledgment by thee! ood named in the forgoing in instrument taken
before Shtiry Semecauer , anotary in the State of Tex4s was taken in
the ma inner prescribed by such laws of the Stateof___ Te x«< 5 , being the State in which
it was taken; and that it duly conforms with such laws and is in all respects valid and effective in
such state.
SY
Attorneyt law for theA tate of Tear
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| NYSCEF DOC. NO. 22 RECEIVED INDEX NO. NYSCEF: 505565/ 11/11/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATIONSTAR MORTGAGE LLC, Index No. 505565/2013 Plaintiff, -Vs- NORRIS SINCLAIR A/K/A NORRIS ALPHANSO AFFIDAVIT SINCLAIR;“JOHN DOE” AND “JANE DOE” said names being fictitious, it being the intention ofPlaintiff to designate any and all occupants of premises being foreclosed herein, Defendant(s). STATE OF _TEXAS ) COUNTY OF _ DENTON ) ss: MICHAEL WOODS , being duly sworn, deposes and says: 1 Iam employed as a VICE PRESIDENT by Nationstar Mortgage LLC (“Nationstar”), the plaintiff of the mortgage loan that is the subject of this action (the “Mortgage Loan”). [have personal knowledge of the facts contained in this Affidavit by virtue of my position at Nationstar, my familiarity with Nationstar’s processes and based upon my review and analysis of the relevant business records and other documents of Nationstar referenced and attached herein. While many of Nationstar’s processes are automated, the information manually entered by Nationstar employees relating to loans on those systems is based upon personal knowledge of the information and entered into the system at or near the time the knowledge was acquired. These computerized records are created and maintained in the regular course of its business as a loan servicer and Nationstar relies on the records in the ordinary course to conduct its business as a loan servicer. \ These systems also include records of BANK OF AMERICA , the prior servicer of the mortgage loan. Iam duly authorized to execute this Affidavit on behalf of Nationstar in support of Nationstar’s application for summary judgment and the appointment of a referee. 2. Nationstar received the original Note on _ February 26, 2014 and said note is endorsed in blank or to Plaintiff. A true copy of the original Note in Plaintiff's possession is attached as Exhibit A. 3 A true copy of the original recorded Mortgage is attached as Exhibit B. A true copy of the Consolidation, Extension, and Modification Agreement is attached as Exhibit C. The Mortgage, as consolidated, was assigned to Nationstar prior to commencement of this action. A copy of the Assignment of Mortgage is attached as Exhibit D. 4 The original Note endorsed in blank was transferred to Nationstar prior to commencement of this action and Plaintiff continues to hold the original Note. 5 The Mortgage Loan is in default and is due for the April 1, 2012 payment and all subsequent payments. 6. The servicing records show that a demand letter was mailed to NORRIS SINCLAIR (“Defendant(s)”) on September 19, 2012 which letter advised Defendant(s) of the default. A true copy of the demand letter is attached as Exhibit E. 7 The servicing records further show that the 90-day notices required by statute were mailed to Defendant(s) by regular and certified mail to both the last known mailing address and to the property address on September 19, 2012. These letters were sent in separate envelopes from any other mailing or notice and were accompanied by a list of housing counseling agencies as. required by statute. True copies of the 90-day notices sent to Defendant(s) are attached as Exhibit F. 8 Despite the notices sent to Defendant(s), the default was never cured. Therefore, this action was commenced to recover the entire unpaid principal balance together with interest and disbursements, including reasonable attorneys’ fees and costs allowable under the terms of the Mortgage Loan. 9 In support of the instant motion, the following documents have been provided to counsel: 1. Note, Exhibit “A”, 2. Mortgages, Exhibit “B”, 3. wonsolidation, Consolidation, Extension and Extension and Modification Agreement, Exhibit “C”, 4. Assignments of Mortgage, Exhibit “D”, 5. Notice of Defa ult, Exhibit “E”, 6. Ninety Day Notice, Exhibit “F”, 7. Truth in Lending Statement, Exhibit “J”, 8. Itemiz: ation of Amount Financed, Exhibit “K”, and 9. HUD-1 Settlement Statement, Exhibit “L.” NATIONSTAR MORTGAGE LLC By: WALZ Ufs/ty MICHAEL WOODS Title: VICE PRESIDENT Before me, a notary public, on this day personally appeared_MICHAEL WOODS >, known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. oer aen_ Notary PublibS Signature (Personalized Seal) SHERRY SUMERAUER Notary Public, State of Texas My Commission Expires more August 26, 2018 {ALSO TO BE EXECUTED IF OUTSIDE OF THE STATE OF NEW YORK) STATE OF _ TEXAS ) COUNTY OF DENTON ) ss: On the 3 day of Mov. in the year 2014, before me, the undersigned, personally appeared Michael Woods _ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that che/she executed the same in his/her capacity, that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in_Denton County, Texas QJumwain— Notary Publi¢ SHERRY SUMERAUER ‘Notary Public, State of Texas My Commission Expires i, August 26, 2018 CERTIFICATE OF CONFORMITY STATEOF Taxa COUNTYOF Qyatew The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of pea» and is a resident of l t 8 » in the State of Te a4 : that he/she is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York: that the foregoing acknowledgment by thee! ood named in the forgoing in instrument taken before Shtiry Semecauer , anotary in the State of Tex4s was taken in the ma inner prescribed by such laws of the Stateof___ Te x«< 5 , being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. SY Attorneyt law for theA tate of Tear