Preview
(FILED: SUFFOLK COUNTY CLERK 0573172012) INDEX NO. 016692/2012
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
mene nen nn een nn nnn ncn en anne nn nnn natn n nnn nnnnnnn nena nean nn nnnn nena xX Index No.
WELLS FARGO DELAWARE TRUST COMPANY N.A. Date of filing:
AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN
TRUST 2011-NPLI1, SUMMONS
Plaintiff(s), AND NOTICE
-against-
Plaintiff designates Suffolk
FRANK KOLINEK, and “JOHN DOE #1” through “JOHN County as the place of trial;
DOE #10”, the last 10 names being fictitious and unknown to venue is based upon the
the Plaintiff, the persons or parties intended being the persons county in which the
or parties, if any, having or claiming an interest in or lien mortgaged premises is situate
upon the mortgaged premises described in the verified
complaint,
Defendant(s).
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, if the complaint is not served with this summons, to serve a notice
of appearance on the attorneys for the Plaintiff within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after service is complete if this summons is not
personally delivered to you within the State of New York). In case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the complaint.
If the United States of America is named as a Defendant in this action, it only, shall
have Sixty (60) days to answer the complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
THE OBJECT of the above captioned action is to foreclose a Mortgage to secure
$295,000.00 and interest, recorded in the office of the Clerk of the County of Suffolk on February
2, 2006, in Liber 21227, Page 763, covering premises known as 154 Lake Shore Drive, in
Patchogue, New York (Section 004.00, Block 03.00, and Lot 026.000).
The relief sought in the within action is a final judgment directing the sale of the
premises described above to satisfy the debt secured by the Mortgage described above. The Plaintiff
also seeks a deficiency judgment against the Defendant(s) Frank Kolinek for any debt secured by
said Mortgage which is not satisfied by the proceeds of the sale of said premises.
TO the Defendants, except Frank Kolinek: The Plaintiff makes no personal claim
against you in this action. The claim for a deficiency judgment is made only against the
Defendant(s) Frank Kolinek, and not against any other Defendants.Dated:
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 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.
Mineola, New York
May 15, 2012
: Michael C. Nayar
Attorneys for Plaintiff
100 E. Old Country Road
Mineola New York 11501
(516) 747-3030_- Heip for Homeowners in Foreciosure
New York State Law requires that we send you this notice about
___, the foreclosure process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure action, you may lose your
home. Please read the summons and complaint carefully. You should
immediately contact an attorney or your local legal aid office to obtain
~ advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options
in foreclosure. In addition to seeking assistance from an attorney or
legal aid office, there are government agencies and non-profit
organizations that you may contact for information about possible
options, including trying to work with your lender during this process.
To locate an-entity near you, you.may call the toll-free helpline
‘maintained by the New York State Banking Department at 1-877-BANK-
NYS (1-877-226-5697) or visit the Department’s website at
www.banking.state.ny.us./hetp.htm
Foreclosure Rescue Scams
Be careful of people who approach you with offers to “save” your
home. There are individuals who watch for notices of foreclosure
actions in order to unfairly profit from a homeowner's distress. You
should be extremely careful about any such promises and any
suggestions that you pay them a fee or sign over your deed. State law
requires anyone offering such services for profit to enter into a contact
which fully describes the services they will perform and fees they will
charge and which prohibits them from taking any money from you until
they have completed all such promised services.SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
monn e tenner nnn nnn nnn nnn nn nn nnn nn nnnn aren nn nnn nn nnnn nna X Index No.
WELLS FARGO DELAWARE TRUST COMPANY N.A.
AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN
TRUST 2011-NPL1, VERIFIED COMPLAINT
Plaintiff(s), Mortgage Foreclosure
-against-
FRANK KOLINEK, and “JOHN DOE #1” through “JOHN
DOE #10”, the last 10 names being fictitious and unknown to
the Plaintiff, the persons or parties intended being the persons
or parties, if any, having or claiming an interest in or lien
upon the mortgaged premises described in the verified
complaint,
Defendant(s).
The Plaintiff, by its attorneys, Cohn & Roth complaining of the Defendant(s),
respectfully alleges upon information and belief that:
AS AND FOR A FIRST CAUSE OF ACTION
1. The Plaintiff, Wells Fargo Delaware Trust Company N.A. As Trustee for
Vericrest Opportunity Loan Trust 2011-NPL1, at all times hereinafter mentioned was and still is a
duly organized corporation, association, bank, credit union or trust company having an office at 9062
Old Annapolis Road, Columbia, MD 21045.
2. Upon information and belief, the Defendant, Frank Kolinek, at all times
hereinafter mentioned resided at and presently does reside at 154 Lake Shore Drive, Patchogue, NY
11772.
3. Frank Kolinek,, for the purpose of securing to Wilmington Finance, a division
of AIG Federal Savings Bank payment of the principal sum of $295,000.00, with interest thereon,
on or about October 25, 2005, for a valuable consideration, executed and delivered to said
Wilmington Finance, a division of AIG Federal Savings Bank a Note dated on that day (the “Note”),
whereby said Frank Kolinek undertook and promised to pay to said Wilmington Finance, a division
of AIG Federal Savings Bank the aforesaid principal sum and interest thereon at the rate provided
for therein.
4, As collateral security for the payment of said indebtedness, said Frank Kolinek
duly executed, acknowledged and delivered to said Wilmington Finance, a division of AIG Federal
Savings Bank a Mortgage, dated October 25, 2005 (the “Mortgage”), whereby said Frank Kolinek
mortgaged to said Wilmington Finance, a division of AIG Federal Savings Bank the premises known
as 154 Lake Shore Drive, Patchogue, New York (Section 004.00, Block 03.00 and Lot 026.000)
described in said Mortgage and in Exhibit A attached hereto and made a part hereof, together with
the appurtenances thereto and all fixtures and articles of personal property annexed to or used in
connection with the mortgaged premises, as is more fully set forth in said Mortgage. Mortgage
Electronic Registration Systems, Inc. is the nominee of Lender, Wilmington Finance, a division of
AIG Federal Savings Bank and Mortgagee of record for recording purposes only.5. Said Mortgage was duly recorded in the office of the Clerk of the County of
Suffolk on February 2, 2006, in Liber 21227, Page 763. The mortgage recording tax thereon was
duly paid.
6. Said Mortgage provided that in case of default in the payment of any principal
or interest which might become due thereon, the holder of the Mortgage could declare the entire
indebtedness secured by the Mortgage immediately due and payable, and the holder of the Mortgage
was thereby empowered to sell the mortgaged premises according to law.
7. The Note was transferred by indorsement/allonge from Wilmington Finance,
a division of AIG Federal Savings Bank to CitiFinancial Mortgage Co. Inc. The Note was then
transferred by indorsement/allonge and physical delivery from CitiMortgage Inc. Successor by
Merger to Citifinancial Mortgage Company Inc. to LSF7 Bermuda NPL I Trust. The Note was then
transferred by indorsement/allonge and physical delivery from LSF7 Bermuda NPL I Trust to US
Bank Trust National Association as Trustee for LSF7 NPL I Trust. The Note was then transferred
by indorsement/allonge and physical delivery from US Bank Trust National Association as Trustee
for LSF7 NPL I Trust to Wells Fargo Delaware Trust Company N.A. As Trustee for Vericrest
Opportunity Loan Trust 2011-NPL1.
8. The Mortgage was assigned by Mortgage Electronic Registration Systems,
Inc. as Nominee for Wilmington Finance, a division of AIG Federal Savings Bank to LSF7 Bermuda
NPL I Trust by assignment dated October 19, 2010 recorded in the office of the Clerk of the County
of Suffolk on December 13, 2010 in Liber 22019 Page 688. Said Note and Mortgage were further
assigned by Mortgage Electronic Registration Systems, Inc. as Nominee for Wilmington Finance,
a division of AIG Federal Savings Bank to U.S. Bank Trust National Association, as Trustee for
LSF7 Bermuda NPL! Trust by assignment dated March 21, 2011 and recorded in the office of the
Clerk of the County of Suffolk on April 5, 2011 in Liber 22062 Page 531. Said assignment was
thereafter corrected by correction assignment dated August 8, 2011 (it was defective as it was
notarized four days after it was signed) and recorded in the office of the Clerk of the County of
Suffolk on August 30, 2011 in Liber 22019 Page 688. Said assignment was thereafter corrected by
correction assignment from LSF7 Bermuda NPL I Trust to U.S. Bank Trust National Association,
as Trustee for LSF7 Bermuda NPLI Trust dated May 12, 2012 and submitted to be recorded in the
office of the Clerk of the County of Suffolk. Said assignment is being recorded to correct the chain
of assignments to agree with the transfer of the Note to LSF7 Bermuda NPL I Trust. Said Note and
Mortgage were thereafter further assigned by U.S. Bank Trust National Association, as Trustee for
LSF7 Bermuda NPL1 Trust to Wells Fargo Delaware Trust Company N.A. As Trustee for Vericrest
Opportunity Loan Trust 2011-NPL1 by assignment dated April 23, 2012 and submitted to be
recorded in the office of the Clerk of the County of Suffolk.
9. Atthe time this action is commenced, Plaintiff is the 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. Plaintiff has complied with all the
provisions of section five hundred ninety-five-a of the Banking law and any rules and regulations
promulgated thereunder, section six-l or six-m of the Banking law, and section thirteen hundred four
(1304) and section thirteen hundred six (1306) of the Real Property Actions and Proceedings Law
and any additional requirements under RPAPL 1300 et. seq.
10. The Defendant(s), Frank Kolinek, has failed to comply with the terms,
covenants and conditions of said Note and Mortgage by defaulting in the payment of the following
installments of principal and interest which became due under the Note and Mortgage: the sum of
$2,813.41 for principal, interest and escrow deposits which became due and payable on October 1,
2009 and also by failing to pay a like sum which became due and payable on the same day of eachSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ween nnnnnn nnn ennnn nanan ne nena nae nennnn annem nanan X Index No.
WELLS FARGO DELAWARE TRUST COMPANY N.A.
AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN
TRUST 2011-NPL1,
Plaintiff(s),
-against-
FRANK KOLINEK, and “JOHN DOE #1” through “JOHN
DOE #10”, the last 10 names being fictitious and unknown to
the Plaintiff, the persons or parties intended being the persons
or parties, if any, having or claiming an interest in or lien
upon the mortgaged premises described in the verified
complaint,
Defendant(s).
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by
filing of the accompanying documents with the County Clerk, is subject to mandatory electronic
filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being
served as required by Subdivision (b) (3) of that Section.
The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the
electronic filing of documents with the County Clerk and the court and for the electronic service of
those documents, court documents, and court notices upon counsel and self-represented parties.
Counsel and/or parties who do not notify the court of acclaimed exemption (see below) as required
by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the
Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of
document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that
they lack the computer equipment and (along with all employees) the requisite knowledge to comply;
and 2) self-represented parties who choose not to participate in e-filing. For additional information
about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at
www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646- 386-3033 or
efile@courts.state.ny.us.
Dafedg: May 15, 2012
i). £4 (Signature) 100 E. Old Country Road (Address)
ge Mineola, NY 11501
Michael C. Nayar (Name)
516-747-3030 (Phone)
Cohn & Roth (Firm Name) meohn@cohnroth.com (e-mail)
To: Frank Kolinekand every month thereafter to the date hereof.
11. Byreason of such default, the Plaintiff has duly elected and does hereby elect
to declare the entire balance of the principal sum secured by said Note and Mortgage to become
immediately due and payable. Plaintiff has fully complied with any and all conditions precedent to
acceleration contained in the Mortgage.
12. There is now due and owing to the Plaintiff under said Note and Mortgage the
sum of $282,158.83, with interest thereon, from September 1, 2009, at the rate of 6.25 percent per
annum.
13. In order to protect its security, the Plaintiff may be compelled, during the
pendency of this action, to pay sums for premiums on insurance policies, real estate taxes,
assessments, water charges and sewer rents which are or may become liens on the mortgaged
premises, and other charges which may be necessary for the protection of the mortgaged premises,
and the Plaintiff prays that any sum or sums so paid, together with interest from the date of payment,
be added to the Plaintiff's claim and be deemed secured by said Note and Mortgage and adjudged
a valid lien on the mortgaged premises, and that the Plaintiff be paid such sums, together with
interest thereon, out of the proceeds of the sale of the mortgaged premises.
4. No other action or proceeding has been had at law or otherwise for the
recovery of said sum so secured by said Note and Mortgage, or any part thereof.
15. The Mortgage provides that, in the case of foreclosure, the mortgaged
premises may be sold in one parcel.
6. The mortgaged premises under foreclosure herein is subject to any state of
facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record
affecting said mortgaged premises and any violations thereof, prior liens and to zoning regulations
and ordinances of the city, town or village in which said mortgaged premises lies and any violations
thereof.
7, The Plaintiff shall not be deemed to have waived, altered, released or changed
the election hereinbefore made by reason of the payment, after the date of the commencement of this
action, of any or all of the defaults mentioned herein; and such 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.
18. Upon information and belief, each of the additionally named Defendant(s)
have or claims to have some interest in or lien upon the mortgaged premises or some part thereof,
which interest or lien, if any, has accrued subsequent to the lien of said Mortgage and is subject and
subordinate thereto.
19. The Defendants named “JOHN DOE #1” through “JOHN DOE #10” may be
persons or parties in possession of, having or claiming an interest in or lien on the premises.
AS AND FOR A SECOND CAUSE OF ACTION
20. ThePlaintiffrepeats and realleges each and every allegation contained in each
of the foregoing paragraphs with the full force and effect as if set forth in full herein.
21. Inthe Note and Mortgage hereinbefore described, the Mortgagor(s), FrankKolinek , agreed to pay the reasonable attorneys fees of the holder of the Mortgage in the event of
a default under the Note and Mortgage and the commencement of a suit to foreclose the same.
WHEREFORE, the Plaintiff demands judgment as follows:
1) On the First Cause of Action:
that the Defendants and all persons claiming under them or any of them, subsequent
to the filing of the notice of pendency of this action, be barred and foreclosed of all right, title,
claim, lien and equity of redemption in the mortgaged premises; that said mortgaged premises be
decreed to be sold in one parcel according to law; that the money arising from the sale be brought
into court; that the Plaintiff be paid the amount of principal and interest due on said Note and
Mortgage as hereinbefore set forth with interest to the time of such payment, and any sums paid by
the Plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premium and
other necessary charges or expenses to protect the lien of the Mortgage, and any sums expended for
the protection or preservation of the property covered by said Mortgage, with interest thereon from
the time of such payment;
2) On the Second Cause of Action:
that Plaintiff be awarded reasonable attorneys’ fees, and the costs and disbursements
of this action, and all other amounts due the Plaintiff under said Note and Mortgage, so far as the
amount of such money properly applicable thereto will pay the same; and that the Defendant(s) Frank
Kolinek, be adjudged to pay any deficiency which may remain, after applying all moneys received
from the sale of the mortgaged premises, of the indebtedness secured by the Note and Mortgage or
to be paid to the Plaintiff as costs or otherwise hereunder; and that the Plaintiff may have such other
and further relief as may be just and equitable.
Dated: Mineola, New York
May 15, 2012
By:
Attorneys for Plaintiff
100 E. Old Country Road
Mineola New York 11501
(516) 747-3030SCHEDULE A
LEGAL DESCRIPTION
SECTION: 004.00 BLOCK: 03.00 LOT: 026.000
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS
AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING in the
Village of Patchogue, Town of Brookhaven, County of Suffolk and State of New York, known and
designated as follows: Lot Nos. 30, 31, 32, 33 and 34 in Block 10, as designated and delineated on
the map entitled, “Map of Patchogue Lake Park, situated at Patchogue, Suffolk County, New York,
surveyed and subdivided by Edward A. May, C.E., Patchogue, New York, October 20, 1913” and
filed in the Suffolk County Clerk’s Office on October 30, 1913 under File Number 303.
SAID PREMISES KNOWN AS: 154 Lake Shore Drive, Patchogue, New YorkVERIFICATION
STATE OF NEW YORK )
) 8s.:
COUNTY OF NASSAU )
Michael C. Nayar, the undersigned, an attorney duly admitted to practice law before
the Courts of the State of New York, affirms under the penalty of perjury:
That I am a member of the firm of Cohn & Roth the attorneys for the Plaintiff in this
action; I have read the foregoing complaint and know the contents thereof. The same is true to my
own knowledge, except as to the matters therein stated to be alleged on information and belief and
as to those matters, I believe it to be true. The reason why this verification is made by me and not
by the plaintiff is that the plaintiff's principal offices are not in the County of Nassau where we have
our law office.
The sources of my information and the grounds of my belief as to all matters in the
foregoing complaint not therein stated upon my knowledge are: reports of officers, employees
and/or agents of the plaintiff corporation and documents and correspondence between the plaintiff
and defendant now in our firm's possession and copies from and reports of the public record.
Dated: May 15, 2012
Mineola, New York
J Cod
ichaél C. NayarSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
cee nena nn nanan nnn naan E SATEEN NETTIE X Index No.
WELLS FARGO DELAWARE TRUST COMPANY N.A.
AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN
TRUST 2011-NPLI,
Plaintiff(s),
-against-
FRANK KOLINEK, and “JOHN DOE #1” through “JOHN
DOE #10”, the last 10 names being fictitious and unknown to
the Plaintiff, the persons or parties intended being the persons
or parties, if any, having or claiming an interest in or lien
upon the mortgaged premises described in the verified
complaint,
Defendant(s).
SUMMONS
AND
VERIFIED
COMPLAINT
Cohn & Roth
100 East Old Country Road
Mineola, NY 11501
(516) 747-3030
Preview
(FILED: SUFFOLK COUNTY CLERK 0573172012) INDEX NO. 016692/2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK mene nen nn een nn nnn ncn en anne nn nnn natn n nnn nnnnnnn nena nean nn nnnn nena xX Index No. WELLS FARGO DELAWARE TRUST COMPANY N.A. Date of filing: AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN TRUST 2011-NPLI1, SUMMONS Plaintiff(s), AND NOTICE -against- Plaintiff designates Suffolk FRANK KOLINEK, and “JOHN DOE #1” through “JOHN County as the place of trial; DOE #10”, the last 10 names being fictitious and unknown to venue is based upon the the Plaintiff, the persons or parties intended being the persons county in which the or parties, if any, having or claiming an interest in or lien mortgaged premises is situate upon the mortgaged premises described in the verified complaint, Defendant(s). 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, if the complaint is not served with this summons, to serve a notice of appearance on the attorneys for the Plaintiff within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. If the United States of America is named as a Defendant in this action, it only, shall have Sixty (60) days to answer the complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is to foreclose a Mortgage to secure $295,000.00 and interest, recorded in the office of the Clerk of the County of Suffolk on February 2, 2006, in Liber 21227, Page 763, covering premises known as 154 Lake Shore Drive, in Patchogue, New York (Section 004.00, Block 03.00, and Lot 026.000). The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt secured by the Mortgage described above. The Plaintiff also seeks a deficiency judgment against the Defendant(s) Frank Kolinek for any debt secured by said Mortgage which is not satisfied by the proceeds of the sale of said premises. TO the Defendants, except Frank Kolinek: The Plaintiff makes no personal claim against you in this action. The claim for a deficiency judgment is made only against the Defendant(s) Frank Kolinek, and not against any other Defendants.Dated: 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 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. Mineola, New York May 15, 2012 : Michael C. Nayar Attorneys for Plaintiff 100 E. Old Country Road Mineola New York 11501 (516) 747-3030_- Heip for Homeowners in Foreciosure New York State Law requires that we send you this notice about ___, the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain ~ advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an-entity near you, you.may call the toll-free helpline ‘maintained by the New York State Banking Department at 1-877-BANK- NYS (1-877-226-5697) or visit the Department’s website at www.banking.state.ny.us./hetp.htm Foreclosure Rescue Scams Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contact which fully describes the services they will perform and fees they will charge and which prohibits them from taking any money from you until they have completed all such promised services.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK monn e tenner nnn nnn nnn nnn nn nn nnn nn nnnn aren nn nnn nn nnnn nna X Index No. WELLS FARGO DELAWARE TRUST COMPANY N.A. AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN TRUST 2011-NPL1, VERIFIED COMPLAINT Plaintiff(s), Mortgage Foreclosure -against- FRANK KOLINEK, and “JOHN DOE #1” through “JOHN DOE #10”, the last 10 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the verified complaint, Defendant(s). The Plaintiff, by its attorneys, Cohn & Roth complaining of the Defendant(s), respectfully alleges upon information and belief that: AS AND FOR A FIRST CAUSE OF ACTION 1. The Plaintiff, Wells Fargo Delaware Trust Company N.A. As Trustee for Vericrest Opportunity Loan Trust 2011-NPL1, at all times hereinafter mentioned was and still is a duly organized corporation, association, bank, credit union or trust company having an office at 9062 Old Annapolis Road, Columbia, MD 21045. 2. Upon information and belief, the Defendant, Frank Kolinek, at all times hereinafter mentioned resided at and presently does reside at 154 Lake Shore Drive, Patchogue, NY 11772. 3. Frank Kolinek,, for the purpose of securing to Wilmington Finance, a division of AIG Federal Savings Bank payment of the principal sum of $295,000.00, with interest thereon, on or about October 25, 2005, for a valuable consideration, executed and delivered to said Wilmington Finance, a division of AIG Federal Savings Bank a Note dated on that day (the “Note”), whereby said Frank Kolinek undertook and promised to pay to said Wilmington Finance, a division of AIG Federal Savings Bank the aforesaid principal sum and interest thereon at the rate provided for therein. 4, As collateral security for the payment of said indebtedness, said Frank Kolinek duly executed, acknowledged and delivered to said Wilmington Finance, a division of AIG Federal Savings Bank a Mortgage, dated October 25, 2005 (the “Mortgage”), whereby said Frank Kolinek mortgaged to said Wilmington Finance, a division of AIG Federal Savings Bank the premises known as 154 Lake Shore Drive, Patchogue, New York (Section 004.00, Block 03.00 and Lot 026.000) described in said Mortgage and in Exhibit A attached hereto and made a part hereof, together with the appurtenances thereto and all fixtures and articles of personal property annexed to or used in connection with the mortgaged premises, as is more fully set forth in said Mortgage. Mortgage Electronic Registration Systems, Inc. is the nominee of Lender, Wilmington Finance, a division of AIG Federal Savings Bank and Mortgagee of record for recording purposes only.5. Said Mortgage was duly recorded in the office of the Clerk of the County of Suffolk on February 2, 2006, in Liber 21227, Page 763. The mortgage recording tax thereon was duly paid. 6. Said Mortgage provided that in case of default in the payment of any principal or interest which might become due thereon, the holder of the Mortgage could declare the entire indebtedness secured by the Mortgage immediately due and payable, and the holder of the Mortgage was thereby empowered to sell the mortgaged premises according to law. 7. The Note was transferred by indorsement/allonge from Wilmington Finance, a division of AIG Federal Savings Bank to CitiFinancial Mortgage Co. Inc. The Note was then transferred by indorsement/allonge and physical delivery from CitiMortgage Inc. Successor by Merger to Citifinancial Mortgage Company Inc. to LSF7 Bermuda NPL I Trust. The Note was then transferred by indorsement/allonge and physical delivery from LSF7 Bermuda NPL I Trust to US Bank Trust National Association as Trustee for LSF7 NPL I Trust. The Note was then transferred by indorsement/allonge and physical delivery from US Bank Trust National Association as Trustee for LSF7 NPL I Trust to Wells Fargo Delaware Trust Company N.A. As Trustee for Vericrest Opportunity Loan Trust 2011-NPL1. 8. The Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as Nominee for Wilmington Finance, a division of AIG Federal Savings Bank to LSF7 Bermuda NPL I Trust by assignment dated October 19, 2010 recorded in the office of the Clerk of the County of Suffolk on December 13, 2010 in Liber 22019 Page 688. Said Note and Mortgage were further assigned by Mortgage Electronic Registration Systems, Inc. as Nominee for Wilmington Finance, a division of AIG Federal Savings Bank to U.S. Bank Trust National Association, as Trustee for LSF7 Bermuda NPL! Trust by assignment dated March 21, 2011 and recorded in the office of the Clerk of the County of Suffolk on April 5, 2011 in Liber 22062 Page 531. Said assignment was thereafter corrected by correction assignment dated August 8, 2011 (it was defective as it was notarized four days after it was signed) and recorded in the office of the Clerk of the County of Suffolk on August 30, 2011 in Liber 22019 Page 688. Said assignment was thereafter corrected by correction assignment from LSF7 Bermuda NPL I Trust to U.S. Bank Trust National Association, as Trustee for LSF7 Bermuda NPLI Trust dated May 12, 2012 and submitted to be recorded in the office of the Clerk of the County of Suffolk. Said assignment is being recorded to correct the chain of assignments to agree with the transfer of the Note to LSF7 Bermuda NPL I Trust. Said Note and Mortgage were thereafter further assigned by U.S. Bank Trust National Association, as Trustee for LSF7 Bermuda NPL1 Trust to Wells Fargo Delaware Trust Company N.A. As Trustee for Vericrest Opportunity Loan Trust 2011-NPL1 by assignment dated April 23, 2012 and submitted to be recorded in the office of the Clerk of the County of Suffolk. 9. Atthe time this action is commenced, Plaintiff is the 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. Plaintiff has complied with all the provisions of section five hundred ninety-five-a of the Banking law and any rules and regulations promulgated thereunder, section six-l or six-m of the Banking law, and section thirteen hundred four (1304) and section thirteen hundred six (1306) of the Real Property Actions and Proceedings Law and any additional requirements under RPAPL 1300 et. seq. 10. The Defendant(s), Frank Kolinek, has failed to comply with the terms, covenants and conditions of said Note and Mortgage by defaulting in the payment of the following installments of principal and interest which became due under the Note and Mortgage: the sum of $2,813.41 for principal, interest and escrow deposits which became due and payable on October 1, 2009 and also by failing to pay a like sum which became due and payable on the same day of eachSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ween nnnnnn nnn ennnn nanan ne nena nae nennnn annem nanan X Index No. WELLS FARGO DELAWARE TRUST COMPANY N.A. AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN TRUST 2011-NPL1, Plaintiff(s), -against- FRANK KOLINEK, and “JOHN DOE #1” through “JOHN DOE #10”, the last 10 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the verified complaint, Defendant(s). NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of acclaimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646- 386-3033 or efile@courts.state.ny.us. Dafedg: May 15, 2012 i). £4 (Signature) 100 E. Old Country Road (Address) ge Mineola, NY 11501 Michael C. Nayar (Name) 516-747-3030 (Phone) Cohn & Roth (Firm Name) meohn@cohnroth.com (e-mail) To: Frank Kolinekand every month thereafter to the date hereof. 11. Byreason of such default, the Plaintiff has duly elected and does hereby elect to declare the entire balance of the principal sum secured by said Note and Mortgage to become immediately due and payable. Plaintiff has fully complied with any and all conditions precedent to acceleration contained in the Mortgage. 12. There is now due and owing to the Plaintiff under said Note and Mortgage the sum of $282,158.83, with interest thereon, from September 1, 2009, at the rate of 6.25 percent per annum. 13. In order to protect its security, the Plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the Plaintiff prays that any sum or sums so paid, together with interest from the date of payment, be added to the Plaintiff's claim and be deemed secured by said Note and Mortgage and adjudged a valid lien on the mortgaged premises, and that the Plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 4. No other action or proceeding has been had at law or otherwise for the recovery of said sum so secured by said Note and Mortgage, or any part thereof. 15. The Mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. 6. The mortgaged premises under foreclosure herein is subject to any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violations thereof, prior liens and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and any violations thereof. 7, The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such 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. 18. Upon information and belief, each of the additionally named Defendant(s) have or claims to have some interest in or lien upon the mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of said Mortgage and is subject and subordinate thereto. 19. The Defendants named “JOHN DOE #1” through “JOHN DOE #10” may be persons or parties in possession of, having or claiming an interest in or lien on the premises. AS AND FOR A SECOND CAUSE OF ACTION 20. ThePlaintiffrepeats and realleges each and every allegation contained in each of the foregoing paragraphs with the full force and effect as if set forth in full herein. 21. Inthe Note and Mortgage hereinbefore described, the Mortgagor(s), FrankKolinek , agreed to pay the reasonable attorneys fees of the holder of the Mortgage in the event of a default under the Note and Mortgage and the commencement of a suit to foreclose the same. WHEREFORE, the Plaintiff demands judgment as follows: 1) On the First Cause of Action: that the Defendants and all persons claiming under them or any of them, subsequent to the filing of the notice of pendency of this action, be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; that said mortgaged premises be decreed to be sold in one parcel according to law; that the money arising from the sale be brought into court; that the Plaintiff be paid the amount of principal and interest due on said Note and Mortgage as hereinbefore set forth with interest to the time of such payment, and any sums paid by the Plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premium and other necessary charges or expenses to protect the lien of the Mortgage, and any sums expended for the protection or preservation of the property covered by said Mortgage, with interest thereon from the time of such payment; 2) On the Second Cause of Action: that Plaintiff be awarded reasonable attorneys’ fees, and the costs and disbursements of this action, and all other amounts due the Plaintiff under said Note and Mortgage, so far as the amount of such money properly applicable thereto will pay the same; and that the Defendant(s) Frank Kolinek, be adjudged to pay any deficiency which may remain, after applying all moneys received from the sale of the mortgaged premises, of the indebtedness secured by the Note and Mortgage or to be paid to the Plaintiff as costs or otherwise hereunder; and that the Plaintiff may have such other and further relief as may be just and equitable. Dated: Mineola, New York May 15, 2012 By: Attorneys for Plaintiff 100 E. Old Country Road Mineola New York 11501 (516) 747-3030SCHEDULE A LEGAL DESCRIPTION SECTION: 004.00 BLOCK: 03.00 LOT: 026.000 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING in the Village of Patchogue, Town of Brookhaven, County of Suffolk and State of New York, known and designated as follows: Lot Nos. 30, 31, 32, 33 and 34 in Block 10, as designated and delineated on the map entitled, “Map of Patchogue Lake Park, situated at Patchogue, Suffolk County, New York, surveyed and subdivided by Edward A. May, C.E., Patchogue, New York, October 20, 1913” and filed in the Suffolk County Clerk’s Office on October 30, 1913 under File Number 303. SAID PREMISES KNOWN AS: 154 Lake Shore Drive, Patchogue, New YorkVERIFICATION STATE OF NEW YORK ) ) 8s.: COUNTY OF NASSAU ) Michael C. Nayar, the undersigned, an attorney duly admitted to practice law before the Courts of the State of New York, affirms under the penalty of perjury: That I am a member of the firm of Cohn & Roth the attorneys for the Plaintiff in this action; I have read the foregoing complaint and know the contents thereof. The same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief and as to those matters, I believe it to be true. The reason why this verification is made by me and not by the plaintiff is that the plaintiff's principal offices are not in the County of Nassau where we have our law office. The sources of my information and the grounds of my belief as to all matters in the foregoing complaint not therein stated upon my knowledge are: reports of officers, employees and/or agents of the plaintiff corporation and documents and correspondence between the plaintiff and defendant now in our firm's possession and copies from and reports of the public record. Dated: May 15, 2012 Mineola, New York J Cod ichaél C. NayarSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK cee nena nn nanan nnn naan E SATEEN NETTIE X Index No. WELLS FARGO DELAWARE TRUST COMPANY N.A. AS TRUSTEE FOR VERICREST OPPORTUNITY LOAN TRUST 2011-NPLI, Plaintiff(s), -against- FRANK KOLINEK, and “JOHN DOE #1” through “JOHN DOE #10”, the last 10 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the verified complaint, Defendant(s). SUMMONS AND VERIFIED COMPLAINT Cohn & Roth 100 East Old Country Road Mineola, NY 11501 (516) 747-3030