Preview
(FILED:
WESTCHESTER
COUNTY CLERK 07/17/2012) INDEX NO. 61071/2012
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
wanna renner nee nnn enn eemenenene nme nen nennenemenene X
WELLS FARGO BANK, NA
3476 Stateview Boulevard
Ft. Mill, SC 29715
Plaintiff, SUMMONS
VS. ORIGINAL FILED WITH THE
CLERK ON,
HECTOR DELEON A/K/A HECTOR DE LEON,
KEREN V. DELEON A/K/A KEREN V. DE INDEX NO.:
LEON, BOARD OF MANAGERS OF COACHLIGHT
SQUARE ON THE HUDSON ASSOCIATION, MORTGAGED PREMISES:
INC., CAPITAL ONE BANK USA NA, 254 COACH LIGHT SQUARE
HAMLET OF MONTROSE
JOHN DOE (Said name being fictitious, TOWN OF CORTLAND, NY 10548
it being the intention of Plaintiff
to designate any and all occupants of
premises being foreclosed herein, and SBL #:
any parties, corporations or 54.6-4-3.168
entities, if any, having or claiming
an interest or lien upon the
mortgaged premises.)
Defendant(s).
wen
et nnn K
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 te 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.
Westchester County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
DATED: July Y » 2012
By: ih dn / 7)
Kelly A. Cosentii> sq.
Gross Polowy Orlans, LLC
Attorneys for Plaintiff
25 Northpointe Parkway, Suite 25
Amherst, NY 14228
Tel.: 716-204-1700
The law firm of Gross Polowy Orlans, LLC and the attorneys whom it employs are debt collectors who
are attempting to collect a debt. Any information obtained by them will be used for that purpose.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
meet eee eee penne nn nn nner nanemmene K
WELLS FARGO BANK, NA
3476 Stateview Boulevard
Ft. Mill, SC 29715
Plaintiff,
VS. COMPLAINT
HECTOR DELEON A/K/A HECTOR DE LEON, INDEX NO.:
KEREN V. DELEON A/K/A KEREN V. DE
LEON, BOARD OF MANAGERS OF COACHLIGHT MORTGAGED PREMISES:
SQUARE ON THE HUDSON ASSOCIATION, 254 COACH LIGHT SQUARE
INC., CAPITAL ONE BANK USA NA, HAMLET OF MONTROSE
TOWN OF CORTLAND, NY 10548
JOHN DOE (Said name being fictitious,
it being the intention of Plaintiff
to designate any and all occupants of SBL #:
premises being foreclosed herein, and. 54.6-4-3.168
any parties, corporations or
entities, if any, having or claiming
an interest or lien upon the
mortgaged premises.)
Defendant(s).
wae nee
ne ene nen
The Plaintiff by its attorneys, Gross Polowy Orlans, LLC, for its complaint against the
Defendant(s) alleges upon information and belief as follows:
FIRST: Plaintiff is a national banking association organized and existing under and by virtue of
the laws of the United States of America, and having its principal place of business in Sioux Falls, SD,
and is the owner and holder of the note and mortgage being foreclosed herein or has been delegated the
authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and
note. Attached hereto at Schedule D is an attorney certified copy of the original note, reviewed by
Plaintiff's counsel herein.
SECOND: On or about the 3rd day of February, 2003, HECTOR DELEON and KEREN V.
DELEON duly executed and delivered a note whereby HECTOR DELEON and KEREN V. DELEON
promised to pay the sum of $140,000.00 with interest on the unpaid balance of the debt.
THIRD: That as security for the payment of said note HECTOR DELEON and KEREN V.
DELEON duly executed and delivered a mortgage in the amount of $140,000.00 which mortgage was
recorded as follows and mortgage tax paid thereon:
Recording Date: April 9, 2003
Control Number: 430900998
County of: Westchester
The mortgage was subsequently assigned to WELLS FARGO BANK, NA by assignment.
FOURTH: ‘The mortgaged premises are commonly known as 254 COACH LIGHT SQUARE
HAMLET OF MONTROSE, TOWN OF CORTLAND, NY 10548 and more fully described in
"Schedule A" attached to this complaint. The tax map designation is known as all or part of SBL:
54.6-4-3.168.
FIFTH: That the Defendant(s) HECTOR DELEON and KEREN V. DELEON so named,
has/have failed to comply with the conditions of the mortgage and note by failing to pay principal and
interest and/or taxes, assessments, water rates, insurance premiums, escrow and/or other charges that
came due and payable on the Ist day of June, 2010 as more fully set forth below. Accordingly, Plaintiff
elects to call due the entire amount secured by the mortgage.
SIXTH: There is now due and owing on said mortgage the following amounts:
Principal balance: $126,117.02
Interest Rate: 6.5%
Date interest accrues from: May 1, 2010
Together with late charges, monies advanced for taxes, insurance, maintenance of premises and
the costs, allowances and reasonable attorney's fees if permitted by the mortgage.
SEVENTH: In order to protect its security interest the Plaintiff or its agent has paid or may be
compelled to pay during the pendency of this action, taxes, assessments, water rates, insurance
premiums and other charges affecting the mortgaged premises. Plaintiff requests that any sums it or its
agent has paid, together with interest, be included in the sum otherwise due as provided for and secured
by the mortgage.
EIGHTH: 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 subordinated 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 B" that is attached to this complaint.
NINTH: The reason for naming any governmental agency or instrumentalities of the Federal,
State or local government (however designated), is set forth in "Schedule C" that is attached to this
complaint.
TENTH: Upon information and belief the defendant(s) "John Doe" are occupants of the
premises being foreclosed, or may be any persons, corporations or entities who claim, or may claim, a
lien or other interest against the premises.
ELEVENTH: If applicable, the mortgage originated in compliance with Banking Law Sections
595-a and 6-1 or 6-m and at the time of commencement of this action, the Plaintiff has complied with all
of the provisions of Section 595-a of the Banking law and any rules and regulations promulgated
thereunder, Section 6-1 and 6-m of the Banking Law, and Sections 1304 and 1306 of the Real Property
Actions and Proceedings Law.
TWELFTH: Plaintiff requests that in the event this action proceeds to judgment of foreclosure
and sale, said premises be sold subject to: any state of facts an inspection of the premises would disclose
or an accurate survey of the premises would show; covenants, restrictions, easements and public utility
agreements of record, ifany; building and zoning ordinances and possible violations of the same; any
tights of tenants or persons in possession of the premises: any equity of redemption of the United States
of America to redeem the premises within 120 days; prior mortgages and liens, if any. If the mortgage
secures more than one parcel, Plaintiff requests the judgment of foreclosure provide for the sale of the
parcels in a particular order to the extent necessary to satisfy the indebtedness.
THIRTEENTH: Upon information and belief, there are no other actions or pending proceedings
at law to collect or enforce the note and mortgage or any such actions are being discontinued.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT:
1 Adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, late
charges, expenses of sale, allowances and disbursements, reasonable attorney's fees if
provided for in the mortgage and any monies advanced and paid which are secured by the
mortgage.
That the defendants and all persons claiming by, through or under them and every other
person or entity whose right, title, conveyance or encumbrance is subsequent to or
subsequently recorded, or whose lien is being challenged by being a defendant in this
action, be barred and foreclosed of and from all right, claim, lien, interest or equity of
redemption in and to said morigaged premises
‘That the said mortgaged premises, or such part thereof as may be necessary to raise the
amounts due as aforesaid, be decreed to be sold according to law subject to the provisions
of paragraph "!'WELFTH" of this complaint.
That out of the monies arising from the sale thereof, the Plaintiff may be paid the
amounts due on said note and mortgage, plus those items referenced in paragraph 1
above, together with any sums expended as aforesaid, with interest as allowed by law
upon any advances from the dates of the respective payments, so far as the amount of
such money properly applicable thereto will pay the same.
That either or any of the parties to this action may become a purchaser upon such sale.
That this court, if requested, forthwith appoint a receiver of the rents and profits of said
premises with the usual powers and duties.
That the defendants referred to in paragraph "FIFTH" of this complaint and any original
or subsequent obligors so named in this action, may be adjudged to pay any deficiency
that may remain after applying all of said monies so applicable thereto, unless the debt
has been listed and discharged in a bankruptcy petition, or unless the Plaintiff is unable to
produce a copy of the note, in which case no deficiency judgment will be sought.
In the event Plaintiff possesses any other liens against the premises, they shall not be
merged with the same. Plaintiff specifically reserves its right to share in any surplus
monies arising from the sale of the subject premises by virtue of its position as a
judgment or other lien creditor, excluding the mortgage being foreclosed herein.
9 That the Plaintiff may have such other and further relief as may be just, equitable and
proper.
By: tw Ay pe
Kelly A. Cosentino, Esq.
Gross Polowy Orlans, LLC
Attorneys for Plaintiff
25 Northpointe Parkway, Suite 25
Amherst, NY 14228
Tel.: 716-204-1700
The law firm of Gross Polowy Orlans, LLC and the attorneys whom it employs are debt collectors who
are attempting to collect a debt. Any information obtained by them will be used for that purpose.
Schedule A - Legal Descriptio
The Unit known as Unit No, 254, Town of Cortlandt, Weatcheater County, New York and also designated and
described as Unit 254 in the Declaration establishing a plan for condominium ownership of the Jand ané
buildings comprising the Coachlight Square on the Hudson Condominium (hereafter called the "Property" made
by Grantor muder Article 9-B of the New York Real Property Law, dared January 20, 1970 end recorded in the
Office of the County Clerk of Westchester on February 11, 1970 in Liber 6910 of Conveyances at Page 201, az
amended in Liber 7775 Page 324 (hereinafter called che “Declaration”), which unitis also designated as ‘Tax Lot
254 on the Floor Plaus of the Buildings, certified by Ruseo V. D'Andrea on January 14, 1970 and filed
shindlianeously with said Declaration in the Office of the County Clerk of Westchester County as Map No. L6904
(hereinafter called the "Unit").. The lend area of the property is deseribed as follows:
ALL that certain plot, picoc, or pureel of lund, situnte, lying and being in the Towa of Cortlandt, Westchester
County, New York, being Parce! Nos. 1,2 and4 on map entitled, "Map showing King’s Ferry Fark situate in the
Town of Cortlandt, ‘nstchester County, New York" and filed on the Westchesier County Clotk’s Office on May
25, 1969 as Map No. 16739.
TOGETHER with an undivided 4565% interest in the common elements of the property desccibed it said
Declaration,
Premises known as 254 Coach Light Square, Monirese, New York
SCHEDULE A
Schedule B - Defendants
HECTOR DELEON A/K/A HECTOR Record owner and original mortgagor.
DE LEON
KEREN V. DELEON A/K/A KEREN Record owner and original mortgagor.
V. DE LEON
BOARD OF MANAGERS OF Holder of a lien(s).
COACHLIGHT SQUARE ON THE
HUDSON ASSOCIATION, INC. Named herein as a party Defendant for any other
possible unpaid Condominium common charges.
CAPITAL ONE BANK USA NA Holder of judgment(s).
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.
Schedule C - Defendants
NONE
Schedule D
Attached hereto at Schedule D is an attorney certified copy of the original note, reviewed by Plaintiff's
counsel herein. If applicable, certain non-public personal information has been redacted from the
attached document
-
Multistate an NOTE WIA Case Ni
10034 20000349 UIE B74-420493. 34 234ic)
Februaty 3, 2003 Application Number: 0000243485
{Date}
254 Coach Light square
Montrose, New York 10548
[Propery Address)
1. PARTIES
“Borrower” means each person signing at the end of this Note, and the peryon’s successors and assigns. “Lender” means
American Home Mortgage
and ils successors and assigns.
2, BORROWER’S PROMISE TO PAY; INTEREST
In return for a Joan received from Lender, Borrower promises to pay the principal sum of
One Hundred Forty Thousand and No/10
Dollars (U.S. $ 240,000.00 ), plus interest, to the order of Lender, Interest wilt be charged on anpaid principal,
from the date of disbursement of the loan: proceeds by Lender, at the rate of Six and One Half
percent¢ 6.590 9%) per year until the full amount ofPrincip has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a morlgage, deed of trust or similar security instrument that is dated the same date as
this Now and called the “Security Instrument." The Security Instrument protects te Lender from losses which might result if
Borrower defaults under this Note,
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginniag on
April 1st 2 » Any principal and interest remaining on the first day of March
2033 :
» Will be duc on that date, which is calted the "Maturity Date."
(B) Place
Payment shall be made at 520 Broadhollow Road, Melville, N¥ 11747
or at such place as Lender may designatein writing
by notice to Borrower.
(©) Amount
Each monthly payment of principal and interest will be in the amount of US. $ 884.90 » This
‘amount will be part of a larger monthly payment required by the Security Ingtrament, that shall be applied to principal, interest
and other items in the order described in the Security Instrument,
(D) AUlonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the.
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this
Note, [Check applicable box)
{J Graduated Payment Allonge C]erowing Equity Allonge — [_] other ispecity}
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,‘on the first day
of any month, Lender shall accept prepayment on other day's provided
remainder of the month to the extent required by Lender and permittedthatbyBorrower pays interest on the amount prepaid for the
regulations of the Secretary. If Bos rower makes 2
partial prepayment, there will be no chan ige8 in the due date or in the amount of the monthly payment unless Lendor agrees in
writing to those changes.
FHA Multistate Fixed Rate Note - 10/95
BY -sn 00»
Page tel?
WlP WORTEAGE FORMS -(600)521-7 281
Inti See
Ha
i
Dos Hr: 963702, Application #: eovc2ase8s
noi seat
er
6, BORROWER'S FAILURE & Bay
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragsaph 4(C)
of this Not, by the end of fifteen calendar days afier the payment is due, Leader may collect a late charge in the amount of
Four percent ( 4.000 %) of the overdue amount of each payment.
{B) Defauit
If Borrower defaults hy failing to pay in full any monthly payment, then Lender may, except as
the Secretary in the case of payment defaults, require immediate payment in full of the principal balancelimited by regulations of
remaining due and ail
accrned interest, Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default.
In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the
case of payment defaults. ‘This Note does nol authorize acceleration when not permitted by HUD regulations. As nsed in this Note,
"Seoretary" means the Secretary of Housing and Urban Development or his or her designes.
(C) Payment of Costs aud Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower lo pay costs and
expenses including reasonable and customary atomeys® fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement al the same rate as the principal of this Note.
7. WAIVERS:
Borrower and any ther person who bas obligations under this Note waive the rights of presentment and notice of dishonor.
“Presentment” means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to
require Lender lo give notice to other persons thal amcunils due have not been paid.
8. GEVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Nole will be given. by
delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has
given Lender a notice of Berrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a differeat address if Borrower is given a notice of that different address,
5, OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated 1o keep ail of the promises
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this made in this
Note is also
obligated 19 do these things. Any person who lakes over (hese obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its Tights under this
Note against ezch parson individually or against all signatories together. Any one person signing this Note may be required to pay
ai] of the amounts owed unider this Note,
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained irs lhis Note,
Wht
Hector Deleon
Le aoe (Sea)
-Bonower
eT
Keren V. Del€on
o
Fe (Seal)
“Borrower
(Seal) (Seal)
“Borrower Borrower
(Seal) (Seal)
Borrower “Borrower
(Seal) Seal}
“Borrower “Borrower
Bin oor Page 2012
Pa fe Tie ORDER oF
Bfortgage
Asot. Secretary
Ee Home eran
RAY TO THE ORDER OF
‘Wella Farca Home Mortgage, ine.
Pursuant to CPLA 2105 | have compared
oe this documen; ith the original and found
‘®t. Dodeon,
Ole
ittobeaty and
Agci sant Secratary
Signe Ze
Loe C8 be
STATE OF NEW YORK
SUPREME COURT: COUNTY OF WESTCHESTER
ee ee ee nt
WELLS FARGO BANK, NA
3476 Stateview Boulevard
Ft. Mill, SC 29715
Plaintiff,
VS.
HECTOR DELEON A/K/A HECTOR DE LEON
and KEREN V. DELEON A/K/A KEREN V. DE
LEON, et al.
Defendants.
penne
nnn n eee nn -X
SUMMONS AND COMPLAINT
wanes “Xx
GROSS POLOWY ORLANS, LLC
Attorneys for Plaintiff
25 Northpointe Parkway, Suite 25
Amherst, NY 14228
Tel.: 716-204-1700
Preview
(FILED: WESTCHESTER COUNTY CLERK 07/17/2012) INDEX NO. 61071/2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER wanna renner nee nnn enn eemenenene nme nen nennenemenene X WELLS FARGO BANK, NA 3476 Stateview Boulevard Ft. Mill, SC 29715 Plaintiff, SUMMONS VS. ORIGINAL FILED WITH THE CLERK ON, HECTOR DELEON A/K/A HECTOR DE LEON, KEREN V. DELEON A/K/A KEREN V. DE INDEX NO.: LEON, BOARD OF MANAGERS OF COACHLIGHT SQUARE ON THE HUDSON ASSOCIATION, MORTGAGED PREMISES: INC., CAPITAL ONE BANK USA NA, 254 COACH LIGHT SQUARE HAMLET OF MONTROSE JOHN DOE (Said name being fictitious, TOWN OF CORTLAND, NY 10548 it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and SBL #: any parties, corporations or 54.6-4-3.168 entities, if any, having or claiming an interest or lien upon the mortgaged premises.) Defendant(s). wen et nnn K 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 te 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. Westchester County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. DATED: July Y » 2012 By: ih dn / 7) Kelly A. Cosentii> sq. Gross Polowy Orlans, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Tel.: 716-204-1700 The law firm of Gross Polowy Orlans, LLC and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER meet eee eee penne nn nn nner nanemmene K WELLS FARGO BANK, NA 3476 Stateview Boulevard Ft. Mill, SC 29715 Plaintiff, VS. COMPLAINT HECTOR DELEON A/K/A HECTOR DE LEON, INDEX NO.: KEREN V. DELEON A/K/A KEREN V. DE LEON, BOARD OF MANAGERS OF COACHLIGHT MORTGAGED PREMISES: SQUARE ON THE HUDSON ASSOCIATION, 254 COACH LIGHT SQUARE INC., CAPITAL ONE BANK USA NA, HAMLET OF MONTROSE TOWN OF CORTLAND, NY 10548 JOHN DOE (Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of SBL #: premises being foreclosed herein, and. 54.6-4-3.168 any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises.) Defendant(s). wae nee ne ene nen The Plaintiff by its attorneys, Gross Polowy Orlans, LLC, for its complaint against the Defendant(s) alleges upon information and belief as follows: FIRST: Plaintiff is a national banking association organized and existing under and by virtue of the laws of the United States of America, and having its principal place of business in Sioux Falls, SD, and is the owner and holder of the note and mortgage being foreclosed herein or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. Attached hereto at Schedule D is an attorney certified copy of the original note, reviewed by Plaintiff's counsel herein. SECOND: On or about the 3rd day of February, 2003, HECTOR DELEON and KEREN V. DELEON duly executed and delivered a note whereby HECTOR DELEON and KEREN V. DELEON promised to pay the sum of $140,000.00 with interest on the unpaid balance of the debt. THIRD: That as security for the payment of said note HECTOR DELEON and KEREN V. DELEON duly executed and delivered a mortgage in the amount of $140,000.00 which mortgage was recorded as follows and mortgage tax paid thereon: Recording Date: April 9, 2003 Control Number: 430900998 County of: Westchester The mortgage was subsequently assigned to WELLS FARGO BANK, NA by assignment. FOURTH: ‘The mortgaged premises are commonly known as 254 COACH LIGHT SQUARE HAMLET OF MONTROSE, TOWN OF CORTLAND, NY 10548 and more fully described in "Schedule A" attached to this complaint. The tax map designation is known as all or part of SBL: 54.6-4-3.168. FIFTH: That the Defendant(s) HECTOR DELEON and KEREN V. DELEON so named, has/have failed to comply with the conditions of the mortgage and note by failing to pay principal and interest and/or taxes, assessments, water rates, insurance premiums, escrow and/or other charges that came due and payable on the Ist day of June, 2010 as more fully set forth below. Accordingly, Plaintiff elects to call due the entire amount secured by the mortgage. SIXTH: There is now due and owing on said mortgage the following amounts: Principal balance: $126,117.02 Interest Rate: 6.5% Date interest accrues from: May 1, 2010 Together with late charges, monies advanced for taxes, insurance, maintenance of premises and the costs, allowances and reasonable attorney's fees if permitted by the mortgage. SEVENTH: In order to protect its security interest the Plaintiff or its agent has paid or may be compelled to pay during the pendency of this action, taxes, assessments, water rates, insurance premiums and other charges affecting the mortgaged premises. Plaintiff requests that any sums it or its agent has paid, together with interest, be included in the sum otherwise due as provided for and secured by the mortgage. EIGHTH: 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 subordinated 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 B" that is attached to this complaint. NINTH: The reason for naming any governmental agency or instrumentalities of the Federal, State or local government (however designated), is set forth in "Schedule C" that is attached to this complaint. TENTH: Upon information and belief the defendant(s) "John Doe" are occupants of the premises being foreclosed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest against the premises. ELEVENTH: If applicable, the mortgage originated in compliance with Banking Law Sections 595-a and 6-1 or 6-m and at the time of commencement of this action, the Plaintiff has complied with all of the provisions of Section 595-a of the Banking law and any rules and regulations promulgated thereunder, Section 6-1 and 6-m of the Banking Law, and Sections 1304 and 1306 of the Real Property Actions and Proceedings Law. TWELFTH: Plaintiff requests that in the event this action proceeds to judgment of foreclosure and sale, said premises be sold subject to: any state of facts an inspection of the premises would disclose or an accurate survey of the premises would show; covenants, restrictions, easements and public utility agreements of record, ifany; building and zoning ordinances and possible violations of the same; any tights of tenants or persons in possession of the premises: any equity of redemption of the United States of America to redeem the premises within 120 days; prior mortgages and liens, if any. If the mortgage secures more than one parcel, Plaintiff requests the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary to satisfy the indebtedness. THIRTEENTH: Upon information and belief, there are no other actions or pending proceedings at law to collect or enforce the note and mortgage or any such actions are being discontinued. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT: 1 Adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney's fees if provided for in the mortgage and any monies advanced and paid which are secured by the mortgage. That the defendants and all persons claiming by, through or under them and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said morigaged premises ‘That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts due as aforesaid, be decreed to be sold according to law subject to the provisions of paragraph "!'WELFTH" of this complaint. That out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts due on said note and mortgage, plus those items referenced in paragraph 1 above, together with any sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of the respective payments, so far as the amount of such money properly applicable thereto will pay the same. That either or any of the parties to this action may become a purchaser upon such sale. That this court, if requested, forthwith appoint a receiver of the rents and profits of said premises with the usual powers and duties. That the defendants referred to in paragraph "FIFTH" of this complaint and any original or subsequent obligors so named in this action, may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy petition, or unless the Plaintiff is unable to produce a copy of the note, in which case no deficiency judgment will be sought. In the event Plaintiff possesses any other liens against the premises, they shall not be merged with the same. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of the subject premises by virtue of its position as a judgment or other lien creditor, excluding the mortgage being foreclosed herein. 9 That the Plaintiff may have such other and further relief as may be just, equitable and proper. By: tw Ay pe Kelly A. Cosentino, Esq. Gross Polowy Orlans, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Tel.: 716-204-1700 The law firm of Gross Polowy Orlans, LLC and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. Schedule A - Legal Descriptio The Unit known as Unit No, 254, Town of Cortlandt, Weatcheater County, New York and also designated and described as Unit 254 in the Declaration establishing a plan for condominium ownership of the Jand ané buildings comprising the Coachlight Square on the Hudson Condominium (hereafter called the "Property" made by Grantor muder Article 9-B of the New York Real Property Law, dared January 20, 1970 end recorded in the Office of the County Clerk of Westchester on February 11, 1970 in Liber 6910 of Conveyances at Page 201, az amended in Liber 7775 Page 324 (hereinafter called che “Declaration”), which unitis also designated as ‘Tax Lot 254 on the Floor Plaus of the Buildings, certified by Ruseo V. D'Andrea on January 14, 1970 and filed shindlianeously with said Declaration in the Office of the County Clerk of Westchester County as Map No. L6904 (hereinafter called the "Unit").. The lend area of the property is deseribed as follows: ALL that certain plot, picoc, or pureel of lund, situnte, lying and being in the Towa of Cortlandt, Westchester County, New York, being Parce! Nos. 1,2 and4 on map entitled, "Map showing King’s Ferry Fark situate in the Town of Cortlandt, ‘nstchester County, New York" and filed on the Westchesier County Clotk’s Office on May 25, 1969 as Map No. 16739. TOGETHER with an undivided 4565% interest in the common elements of the property desccibed it said Declaration, Premises known as 254 Coach Light Square, Monirese, New York SCHEDULE A Schedule B - Defendants HECTOR DELEON A/K/A HECTOR Record owner and original mortgagor. DE LEON KEREN V. DELEON A/K/A KEREN Record owner and original mortgagor. V. DE LEON BOARD OF MANAGERS OF Holder of a lien(s). COACHLIGHT SQUARE ON THE HUDSON ASSOCIATION, INC. Named herein as a party Defendant for any other possible unpaid Condominium common charges. CAPITAL ONE BANK USA NA Holder of judgment(s). 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. Schedule C - Defendants NONE Schedule D Attached hereto at Schedule D is an attorney certified copy of the original note, reviewed by Plaintiff's counsel herein. If applicable, certain non-public personal information has been redacted from the attached document - Multistate an NOTE WIA Case Ni 10034 20000349 UIE B74-420493. 34 234ic) Februaty 3, 2003 Application Number: 0000243485 {Date} 254 Coach Light square Montrose, New York 10548 [Propery Address) 1. PARTIES “Borrower” means each person signing at the end of this Note, and the peryon’s successors and assigns. “Lender” means American Home Mortgage and ils successors and assigns. 2, BORROWER’S PROMISE TO PAY; INTEREST In return for a Joan received from Lender, Borrower promises to pay the principal sum of One Hundred Forty Thousand and No/10 Dollars (U.S. $ 240,000.00 ), plus interest, to the order of Lender, Interest wilt be charged on anpaid principal, from the date of disbursement of the loan: proceeds by Lender, at the rate of Six and One Half percent¢ 6.590 9%) per year until the full amount ofPrincip has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a morlgage, deed of trust or similar security instrument that is dated the same date as this Now and called the “Security Instrument." The Security Instrument protects te Lender from losses which might result if Borrower defaults under this Note, 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginniag on April 1st 2 » Any principal and interest remaining on the first day of March 2033 : » Will be duc on that date, which is calted the "Maturity Date." (B) Place Payment shall be made at 520 Broadhollow Road, Melville, N¥ 11747 or at such place as Lender may designatein writing by notice to Borrower. (©) Amount Each monthly payment of principal and interest will be in the amount of US. $ 884.90 » This ‘amount will be part of a larger monthly payment required by the Security Ingtrament, that shall be applied to principal, interest and other items in the order described in the Security Instrument, (D) AUlonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the. allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note, [Check applicable box) {J Graduated Payment Allonge C]erowing Equity Allonge — [_] other ispecity} 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,‘on the first day of any month, Lender shall accept prepayment on other day's provided remainder of the month to the extent required by Lender and permittedthatbyBorrower pays interest on the amount prepaid for the regulations of the Secretary. If Bos rower makes 2 partial prepayment, there will be no chan ige8 in the due date or in the amount of the monthly payment unless Lendor agrees in writing to those changes. FHA Multistate Fixed Rate Note - 10/95 BY -sn 00» Page tel? WlP WORTEAGE FORMS -(600)521-7 281 Inti See Ha i Dos Hr: 963702, Application #: eovc2ase8s noi seat er 6, BORROWER'S FAILURE & Bay (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragsaph 4(C) of this Not, by the end of fifteen calendar days afier the payment is due, Leader may collect a late charge in the amount of Four percent ( 4.000 %) of the overdue amount of each payment. {B) Defauit If Borrower defaults hy failing to pay in full any monthly payment, then Lender may, except as the Secretary in the case of payment defaults, require immediate payment in full of the principal balancelimited by regulations of remaining due and ail accrned interest, Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. ‘This Note does nol authorize acceleration when not permitted by HUD regulations. As nsed in this Note, "Seoretary" means the Secretary of Housing and Urban Development or his or her designes. (C) Payment of Costs aud Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower lo pay costs and expenses including reasonable and customary atomeys® fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement al the same rate as the principal of this Note. 7. WAIVERS: Borrower and any ther person who bas obligations under this Note waive the rights of presentment and notice of dishonor. “Presentment” means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender lo give notice to other persons thal amcunils due have not been paid. 8. GEVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Nole will be given. by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Berrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a differeat address if Borrower is given a notice of that different address, 5, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated 1o keep ail of the promises Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this made in this Note is also obligated 19 do these things. Any person who lakes over (hese obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its Tights under this Note against ezch parson individually or against all signatories together. Any one person signing this Note may be required to pay ai] of the amounts owed unider this Note, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained irs lhis Note, Wht Hector Deleon Le aoe (Sea) -Bonower eT Keren V. Del€on o Fe (Seal) “Borrower (Seal) (Seal) “Borrower Borrower (Seal) (Seal) Borrower “Borrower (Seal) Seal} “Borrower “Borrower Bin oor Page 2012 Pa fe Tie ORDER oF Bfortgage Asot. Secretary Ee Home eran RAY TO THE ORDER OF ‘Wella Farca Home Mortgage, ine. Pursuant to CPLA 2105 | have compared oe this documen; ith the original and found ‘®t. Dodeon, Ole ittobeaty and Agci sant Secratary Signe Ze Loe C8 be STATE OF NEW YORK SUPREME COURT: COUNTY OF WESTCHESTER ee ee ee nt WELLS FARGO BANK, NA 3476 Stateview Boulevard Ft. Mill, SC 29715 Plaintiff, VS. HECTOR DELEON A/K/A HECTOR DE LEON and KEREN V. DELEON A/K/A KEREN V. DE LEON, et al. Defendants. penne nnn n eee nn -X SUMMONS AND COMPLAINT wanes “Xx GROSS POLOWY ORLANS, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Tel.: 716-204-1700