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INDEX NO. 032357/2011
(FILED: ROCKLAND COUNTY CLERK 09/09/2011)
NYSCEF DOC. NO. 1 RECET VOR NSAGAL SeOeRT:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
nen enenemenenee
nnn wan nen. nana. a x
IN THE MATTER OF THE APPLICATION OF INDEX NO.
NICKI KATSIATIS
FOR AN ORDER CANCELLING PETITION TO CANCEL
OF RECORD A SATISFACTION OF MORTGAGE SATISFACTION OF
PURSUANT TO NEW YORK REAL PROPERTY LAW §329 MORTGAGE OF
cee en een nen enema nnnnnnnnnennnnee! xX RECORD
THOMAS A. TOSCANO, an attorney duly admitted to practice law before the State of New
York, hereby affirms the truth of the following statements under the penalties of perjury:
1 lam a principal in the law firm of Thomas A. Toscano, P.C., attorneys for Nicki Katsihtis
(hereinafter referred to as the “Petitioner”) in connection with this Petition and, as such, | am
fully familiar with the facts and circumstances presented in this Petition based on a file
maintained in my office.
2 Petitioner seeks an Order of this Honorable Court:
(a) Declaring that certain Satisfaction of Mortgage, dated December 28, 2009,
executed and delivered for filing by JPMorgan Chase Bank, N.A., successor to
Washington Mutual Bank, F.A., recorded on January 8, 2010 in the Office of the
Rockland County Clerk as Instrument No.: 2010-00000840 against the premises
located at 19 Bluefields Lane, Blauvelt, New York 10913, and known and
designated on the Rockland County Tax Map as Section:70.13, Block:2, Lot:58, is
hereby declared void and invalid, thereby reinstating that certain Mortgage, dated
September 28, 2005, made by Nicki Katsihtis to Washington Mutual Bank, F.A.
in the original principal amount of $290,000.00, recorded in the Office of the
Rockland County Clerk on October 31, 2005 as Document No.: 200500060584;
and
(b) Directing the Rockland County Clerk to cancel of record that certain Satisfaction
of Mortgage, dated December 28, 2009, executed and delivered for filing by
JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A.,
recorded on January 8, 2010 in the Office of the Rockland County Clerk as
Instrument No.: 2010-00000840 against the premises located at 19 Bluefields
Lane, Blauvelt, New York 10913, and known and designated on the Rockland
County Tax Map as Section:70.13, Block:2, Lot:58, as if same had never been
filed, thereby reinstating that certain Mortgage, dated September 28, 2005, made
by Nicki Katsihtis to Washington Mutual Bank, F.A. in the original principal
amount of $290,000.00, recorded in the Office of the Rockland County Clerk on
October 31, 2005 as Document No.: 200500060584.
3 Petitioner is currently in the process of refinancing her mortgage loan with JPMorgan
Chase Bank, N.A. (hereinafter referred to as the “Lender”) on the premises located at 19
Bluefields Lane, Blauvelt, New York 10913 (hereinafter referred to as the “Premises”) in an
effort to reduce her monthly mortgage payment.
4, In the course of processing the Petitioner’s mortgage refinance, it was revealed by the title
company handling the refinance transaction that the Lender had erroneously filed a satisfaction of
mortgage on the Premises, notwithstanding the fact that the Petitioner currently has an
outstanding mortgage loan with the Lender.
5 The provisions of Section 255 of the New York Tax Law permits the Petitioner to pay a
substantially reduced mortgage tax in connection with her pending refinance transaction, based
on a mortgage tax credit available to her which is computed on the outstanding principal balance
of any recorded mortgage on the Premises.
6. Without the relief requested, the Petitioner would be stripped of this benefit, and would
be forced to pay thousands of dollars in additional mortgage tax, thereby negating the whole
purpose of her pending refinance transaction,
7. Pursuant to the provisions of Real Property Law §329, an owner of real property or of any
undivided part thereof may maintain an action to have any recorded instrument in writing relating
to such real property or interest therein declared void or invalid, or to have same canceled of
record as to said real property, or his undivided part thereof or interest therein.
8 Though the provisions of Real Property Law §329 use the word “action” in order to
obtain the required relief thereunder, this matter is being brought before this Court as a special
proceeding on the following bases:
Only the Petitioner has an interest in the Premises; and
The only other party with an interest in the outcome of this proceeding is the
Lender, which supports the instant Petition, illustrated by her supporting affidavit
attached; and
No party would be prejudiced by this matter being treated as a special proceeding,
instead of as an action; and
There is no other remedy in the law available to the Petitioner for the relief
requested; and
If the Petitioner were to proceed in this matter by “action”, there would be a
plaintiff (i.c., the Petitioner), but no defendant.
9. This Court has the authority to consider this matter as a special proceeding, instead of as
an action, as:
“a party may sometimes make a mere motion for relief that technically requires a
special proceeding, or vice versa. If no prejudice is demonstrated, it was held that
a like conversion may be allowed.” Siegel, New York Practice, Fourth Edition,
citing Empire Mutual Ins. Co. v. Palladino, 54 A.D.2d 863 (1" Dept. 1976).
10, For these reasons, and for the reason that the CPLR ‘shall be liberally construed to secure
the just, speedy and inexpensive determination of every civil judicial proceeding (which includes
actions and special proceedings collectively)’, CPLR $105, Petitioner respectfully requests that
this Honorable Court consider this matter as a special proceeding, notwithstanding the use of the
word “action” in Real Property Law §329.
11. The Petitioner’s interest in the Premises was established by deed, and her interest is not in
question or dispute. Annexed hereto and made a part hereof as “Exhibit A” is a true and correct
copy of the current deed to the Premises reflecting the ownership interest of the Petitioner.
12. In support of this Petition, annexed hereto and made a part hereof as “Exhibit B” is the
Affidavit of the Petitioner, dated September 1, 2011.
13. This Court has jurisdiction over this matter as the Premises constitute real property
located in the jurisdictional limits of State of New York, County of Rockland.
14. On July 21, 2008, JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank,
F.A., caused to be filed a Satisfaction of Mortgage of the following mortgage (hereinafter
collectively referred to as the “Mortgage”):
Mortgage, dated September 28, 2005, made by Nicki Katsihtis to Washington Mutual
Bank, F.A. in the original principal amount of $290,000.00, recorded in the Office of the
Rockland County Clerk on October 31, 2005 as Document No.: 200500060584.
15. The Satisfaction of Mortgage was dated December 28, 2009, executed and delivered for
filing by JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A., recorded on
January 8, 2010 in the Office of the Rockland County Clerk as Instrument No.: 2010-00000840
against the Premises (hereinafter referred to as the “Satisfaction”).
16. A true and correct copy of the Satisfaction is annexed hereto and made a part hereof as
“Exhibit C”.
17. The filing of the Satisfaction by JPMorgan Chase Bank, N.A. was erroneous, as the
Mortgage was not satisfied.
18. The Satisfaction should not have been presented by recording by JPMorgan Chase Bank,
NA.
19. In support hereof, annexed hereto and made a part hereof as “Exhibit D” is the Affidavit
of Shirley L. Hudson, officer of the Lender, dated August 31, 2011.
:
20. Petitioner desires to have this Honorable Court declare the Satisfaction void, invalid and
canceled of record.
21. Other than the interests of the Petitioner, and that of the Lender, no other person, firm,
entity or municipal authority is affected by this Petition and the relief requested herein.
22. Petitioner respectfully requests an Order of this Court:
@ Declaring that certain Satisfaction of Mortgage, dated December 28, 2009,
executed and delivered for filing by JPMorgan Chase Bank, N.A., successor to
-Washington Mutual Bank, F.A., recorded on January 8, 2010 in the Office of the
Rockland County Clerk as Instrument No.: 2010-00000840 against the premises
located at 19 Bluefields Lane, Blauvelt, New York 10913, and known and
designated on the Rockland County Tax Map as Section:70.13, Block:2, Lot:58, is
hereby declared void and invalid, thereby reinstating that certain Mortgage, dated
September 28, 2005, made by Nicki Katsihtis to Washington Mutual Bank, F.A.
in the original principal amount of $290,000.00, recorded in the Office of the
Rockland County Clerk on October 31, 2005-as Document No.: 200500060584;
and
@) Directing the Rockland County Clerk to cancel of record that certain Satisfaction
of Mortgage, dated December 28, 2009, executed and delivered for filing by
JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A.,
tecorded on January 8, 2010 in the Office of the Rockland County Clerk as
Instrument No.: 2010-00000840 against the premises located at 19 Bluefields
Lane, Blauvelt, New York 10913, and known and designated on the Rockland
County Tax Map as Section:70.13, Block:2, Lot:58, as if same had never been
filed, thereby reinstating that certain Mortgage, dated September 28, 2005, made
by Nicki Katsihtis to Washington Mutual Bank, F.A. in the original principal
amount of $290,000.00, recorded in the Office of the Rockland County Clerk on
October 31, 2005 as Document No.: 200500060584.
23. Notice of the request for the relief herein has been given to the Rockland County Clerk by
service of a copy of the Petition and supporting Affidavits upon which this Petition is based.
Annexed hereto and made a part hereof as “Exhibit E” is the Affidavit of Service on the
Rockland County Clerk.
24, No previous application for the relief sought herein has been made.
Dated: Mineola, New York
September 6, 2011
Thomas A. Toscano
Thomas A. Toscano, P.C.
Attorney for Petitioner
Nicki Katsihtis
ee,
EXHIBIT A
COPY OF DEED
orien
Robert Grablo, Deputy County Clark
11 South Main St Ste 100
New Gly, WY. 1086
Rockland County Clerk Recording Cover Sheet
Received From: Retum To:
SOUTH NYWANS$0955SERVICES LTD
SEDNEWOITY, KAHN & LICKER
3969S MAI JN:
NEW CITY, AY 10068
First GRANTOR
{eRESLOW, PAU
First GRANTEE
[ATSIATIS, WICKT
Index Type : Land Records
Instr Number : 2005-00080577
Book: Page:
‘Type of Instrument: Deed
‘Type of Transaction ; Deed
‘Recording Fee $120.00 affected by thi in Orangetown,
ia the
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Recording Pages. (County
of Rockland, New York
Real Estate Transfer Tax Stata
of New York,
REIT#: 2058 Countyof Ror
Deed Amount $592,000.00 and foregoing wes
recorded
in thal Pofica for Rockiand Gounly,
RETT Amour $2,048.00 NewYor
) 1031/2005
‘Total Fees = $2,108,00 Tiere): 4:00 PM
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Robert Grable, Deputy County Clerk
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‘This choot constdutas the Clarks endarsament requived by Secon 319 of Real Property Law of the State of Now York
(Enlefed Sf JT Prirind On: rimarzo0g AL: wexeRAML
Book , Page , Ale Mumber 2005-00060577
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Des sug 067
BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS.
(INDIVIDUAL OR CORPORATION)
Ad ‘ATION Ts AOS EEMIEN SHOULD BEREPARED BY AN ATTORIGY 2D REVIEWED BY ATTORAYS FOR SLLERAND
?” THIS INDENTUREmadc , the September 28, 2005, between Paul Breslow and Evelyn Breslow,
0f19 Blasficld Lane, Blauvelt, New Yoric 10913, party of the fics pant, and Nicki Katsihtis
of 191 Village
Green, Bardonia, New York 10554, party of the second part,
that the party of the first part, in consideration of Ten Dollars and No Cents
($10.00), lawful money of the United States, psid by the party af the second past, does hereby grant and
release unto the party of the second part, the heirs or successors and assigas of the: of the second part
never,
ALL that certain plot, piece or parce! of land, with the build
‘situate, lying and being in the Hamlet of Blauvelt, Town af
‘York, more particularly described in Scheduled A attached hereto and
oe Phe
ockland,
aBNhereon erected,
Stats ofNew
TOGETHER with alt right, title and interest, f any, ofthe) Pist part in and to any streets
‘and roads abutting the above described premises ta the center
TOGETHER with thc appurtenances
and all the estate OM of the party of the frst part in and
to sald premises;
TO RAVE AND TO HOLD thept nto the pry of he secon par the bes
‘or suocessors
and assigns
of the party of the se
AND the party of the first pi the party of the first part has mot dens or suffered
anything whereby the said promises beced in any way whatever, excapt as aforesaid,
AND the party of the: i with Section 13 of the Lion Law, oovenunts that the
party
of the first part will tc ‘this conveyance and wil] hold the right to receive
such consideration
as a oy 19 be applied first for the purpose of paying the cost of the improvement.
and will apply the sarm ‘ofthe cost of the improvement betore using any part of the total
ofthe same for 2: ae
Breslowby. ©)NGG PENDin the Rocieland
D TO BE the same premises conveyed to Paul Brostow and Evelyn
County clerk's office on 7/7/ 65, in Liber 793 Page 904,
arty” shall be construed as if it read “parties* whenever the sense of this indeature so
‘reguires.
HITNESS WHEREOP, tho party of the first part has duly executed this deed the day and year
first above written,
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Ackuowledgmant
by a Person Withia New York State (RFL § 309-0)
STATE OF NEW YORK ?
jens
‘COUNTY OF ROCKLAND
On the 26th day of September, 2005, before me, the undersi ‘appeared Pau! Breslow and
‘Byelyn Breslow, personslly mown to me or proved to mie an the basis of sat evidence to be the indivichual(s)
whose namme(6)%s (are) subseritted to the within instrament and acknowle:iged ta me thst they executed dhe sare in
‘their capmcityties), and that by their signature(s) on the instrument, the individual(s),
or the person upon behalf of
‘which the individnel(s) acted, executed the i
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‘Notary Public of the Btate of New York
No, 4696216
(Qualifiedin Rockland County
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Bargain
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Paul Bresiow and Evelyn Breslow c Rockland/Omngetown
19 Bluefields Lane
‘Nicki Katsihtis Blagvelt, New York 10913
Return By Mail To:
Se Licker
‘South
Main Street
‘New City,
New York 10956
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Of Recording Office
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SCHEDULE.A
ALL that certaia plot, plese or pened! of land situete, lying and being fa the Hamlet of Blsuvelt, Town of
Orangetwwn, County of Rockland and State of New York, designated as Lot No, $-14 on a certain aap
entitl Fields, Section Ill in the Hamlet of Blaaveit, Town of Grangetown, New York” Bled in the
“Bloe ed
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Book , Page , File mumber 2005-00060577
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EXHIBIT B
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AFFIDAVIT OF OWNER
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
-. ane nen. Xx
IN THE MATTER, OF THE ‘APPLICATION OF INDEX NO.:
NICKI KATSIATIS
FOR AN ORDER CANCELLING OF RECORD AFFIDAVIT IN SUPPORT
A SATISFACTION OF MORTGAGE PURSUANT TO OF PETITION
NEW YORK REAL PROPERTY LAW §329
ne ne nen ete atten enn)
STATE OF NEW YORK
SS.
COUNTY OF ROCKLAND )
NICKI KATSINTIS, being duly sworn, deposes and says as follows:
1 I reside at 19 Bluefields Lane, Blauvelt, New York 10913, and known and designated on
the Rockland County Tax Map as Section:70.13, Block:2, Lot:58 (hereinafter referred to as the
“Premises”).
2. Iam the record owner of the Premises and the Petitioner in this proceeding.
3 Imake this Affidavit in Support of a Petition to cancel a certain Satisfaction of Mortgage,
dated December 28, 2009, executed and delivered for filing by JPMorgan Chase Bank, N.A.,
successor to Washington Mutual Bank, F.A., recorded on January 8, 2010 in the Office of the
Rockland County Clerk as Instrument No.: 2010-00000840 against the Premises.
4. On July 21, 2008, JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank,
F.A. caused to be filed a Satisfaction of Mortgage of the following mortgage (hereinafter
collectively referred to as the “Mortgage”):
Mortgage, dated September 28, 2005, made by Nicki Katsihtis to Washington Mutual
Bank, F.A. in the original principal amount of $290,000.00, recorded in the Office of the
Rockland County Clerk on October 31, 2005 as Document No.: 200500060584.
5 J am currently in the process of refinancing my mortgage with JPMorgan Chase Bank,
N.A. (hereinafter referred to as the “Lender”) in order to reduce my monthly mortgage payment.
6. In the processing of my loan refinance, it was revealed by the title company handling the
refinance transaction that the Lender had erroneously filed a satisfaction of mortgage,
notwithstanding the fact that I currently have an outstanding mortgage loan with the Lender.
7. I would otherwise be entitled to pay a substantially reduced mortgage tax in connection
with my pending refinance transaction, based on a mortgage tax credit available to me computed
on the outstanding principal balance of any recorded mortgage on the Premises.
8 Without the relief requested, I would be stripped of this benefit, and I would be forced to
pay thousands of dollars in additional mortgage tax, thereby negating the whole purpose of my
pending refinance transaction.
9. The filing of the Satisfaction of Mortgage by JPMorgan Chase Bank, N.A. was a mistake
and a clerical error, as the Mortgage was not satisfied.
10. The Satisfaction of Mortgage should not have been presented by JPMorgan Chase Bank,
N.A. for recording.
11. I respectfully request that this Honorable Court declare the Satisfaction of Mortgage void,
invalid and canceled of record.
12. No previous application for the relief sought herein has been made.
? Nicki Katsihtis
Sworn to before me this
/ 885 0 be
Pubif
JENNIFER CAPRIO
Notary Public
State of New Jersey
My Commission Expires May 8, 2016
EXHIBIT C
COPY OF SATISF ACTION
{Page 1 of 2}
Paul Piperato, County Clerk
1 South MainSt Ste 100
New Clty, NY 10956
(845) 638-5221
Reckland County Clerk Recording Cover Sheet
Recelved From: Return To:
AS!
7A KANSAS 710 KANSAS LANE
MONROE, LA 71203-9983 MONROE, LA 71203-0963
First GRANTOR,
(JPMORGAN CHASE BANK NA
First GRANTEE
[KATSIATIS NICK
Index Type : Land Records
instr Number ; 2010-00000840 Orig Instr #: 2005-00060584
Book Page :
‘Typeaf Instrument : Salisfaction Of Mortgage
Type of Transaction : Sat Mig
Recording Fee $50.60
Recording Pages : 2
Recorded Information
a
State of Nes ‘ork.
Gounty of
ey that the within and foregoing was
id in Glerk's office for Rockland County,
(Recorded Date) : 01/08/2010
oe
{Recorded Time) : 1:32:24 PM
cK
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Sgt
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Preview
INDEX NO. 032357/2011 (FILED: ROCKLAND COUNTY CLERK 09/09/2011) NYSCEF DOC. NO. 1 RECET VOR NSAGAL SeOeRT: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND nen enenemenenee nnn wan nen. nana. a x IN THE MATTER OF THE APPLICATION OF INDEX NO. NICKI KATSIATIS FOR AN ORDER CANCELLING PETITION TO CANCEL OF RECORD A SATISFACTION OF MORTGAGE SATISFACTION OF PURSUANT TO NEW YORK REAL PROPERTY LAW §329 MORTGAGE OF cee en een nen enema nnnnnnnnnennnnee! xX RECORD THOMAS A. TOSCANO, an attorney duly admitted to practice law before the State of New York, hereby affirms the truth of the following statements under the penalties of perjury: 1 lam a principal in the law firm of Thomas A. Toscano, P.C., attorneys for Nicki Katsihtis (hereinafter referred to as the “Petitioner”) in connection with this Petition and, as such, | am fully familiar with the facts and circumstances presented in this Petition based on a file maintained in my office. 2 Petitioner seeks an Order of this Honorable Court: (a) Declaring that certain Satisfaction of Mortgage, dated December 28, 2009, executed and delivered for filing by JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A., recorded on January 8, 2010 in the Office of the Rockland County Clerk as Instrument No.: 2010-00000840 against the premises located at 19 Bluefields Lane, Blauvelt, New York 10913, and known and designated on the Rockland County Tax Map as Section:70.13, Block:2, Lot:58, is hereby declared void and invalid, thereby reinstating that certain Mortgage, dated September 28, 2005, made by Nicki Katsihtis to Washington Mutual Bank, F.A. in the original principal amount of $290,000.00, recorded in the Office of the Rockland County Clerk on October 31, 2005 as Document No.: 200500060584; and (b) Directing the Rockland County Clerk to cancel of record that certain Satisfaction of Mortgage, dated December 28, 2009, executed and delivered for filing by JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A., recorded on January 8, 2010 in the Office of the Rockland County Clerk as Instrument No.: 2010-00000840 against the premises located at 19 Bluefields Lane, Blauvelt, New York 10913, and known and designated on the Rockland County Tax Map as Section:70.13, Block:2, Lot:58, as if same had never been filed, thereby reinstating that certain Mortgage, dated September 28, 2005, made by Nicki Katsihtis to Washington Mutual Bank, F.A. in the original principal amount of $290,000.00, recorded in the Office of the Rockland County Clerk on October 31, 2005 as Document No.: 200500060584. 3 Petitioner is currently in the process of refinancing her mortgage loan with JPMorgan Chase Bank, N.A. (hereinafter referred to as the “Lender”) on the premises located at 19 Bluefields Lane, Blauvelt, New York 10913 (hereinafter referred to as the “Premises”) in an effort to reduce her monthly mortgage payment. 4, In the course of processing the Petitioner’s mortgage refinance, it was revealed by the title company handling the refinance transaction that the Lender had erroneously filed a satisfaction of mortgage on the Premises, notwithstanding the fact that the Petitioner currently has an outstanding mortgage loan with the Lender. 5 The provisions of Section 255 of the New York Tax Law permits the Petitioner to pay a substantially reduced mortgage tax in connection with her pending refinance transaction, based on a mortgage tax credit available to her which is computed on the outstanding principal balance of any recorded mortgage on the Premises. 6. Without the relief requested, the Petitioner would be stripped of this benefit, and would be forced to pay thousands of dollars in additional mortgage tax, thereby negating the whole purpose of her pending refinance transaction, 7. Pursuant to the provisions of Real Property Law §329, an owner of real property or of any undivided part thereof may maintain an action to have any recorded instrument in writing relating to such real property or interest therein declared void or invalid, or to have same canceled of record as to said real property, or his undivided part thereof or interest therein. 8 Though the provisions of Real Property Law §329 use the word “action” in order to obtain the required relief thereunder, this matter is being brought before this Court as a special proceeding on the following bases: Only the Petitioner has an interest in the Premises; and The only other party with an interest in the outcome of this proceeding is the Lender, which supports the instant Petition, illustrated by her supporting affidavit attached; and No party would be prejudiced by this matter being treated as a special proceeding, instead of as an action; and There is no other remedy in the law available to the Petitioner for the relief requested; and If the Petitioner were to proceed in this matter by “action”, there would be a plaintiff (i.c., the Petitioner), but no defendant. 9. This Court has the authority to consider this matter as a special proceeding, instead of as an action, as: “a party may sometimes make a mere motion for relief that technically requires a special proceeding, or vice versa. If no prejudice is demonstrated, it was held that a like conversion may be allowed.” Siegel, New York Practice, Fourth Edition, citing Empire Mutual Ins. Co. v. Palladino, 54 A.D.2d 863 (1" Dept. 1976). 10, For these reasons, and for the reason that the CPLR ‘shall be liberally construed to secure the just, speedy and inexpensive determination of every civil judicial proceeding (which includes actions and special proceedings collectively)’, CPLR $105, Petitioner respectfully requests that this Honorable Court consider this matter as a special proceeding, notwithstanding the use of the word “action” in Real Property Law §329. 11. The Petitioner’s interest in the Premises was established by deed, and her interest is not in question or dispute. Annexed hereto and made a part hereof as “Exhibit A” is a true and correct copy of the current deed to the Premises reflecting the ownership interest of the Petitioner. 12. In support of this Petition, annexed hereto and made a part hereof as “Exhibit B” is the Affidavit of the Petitioner, dated September 1, 2011. 13. This Court has jurisdiction over this matter as the Premises constitute real property located in the jurisdictional limits of State of New York, County of Rockland. 14. On July 21, 2008, JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A., caused to be filed a Satisfaction of Mortgage of the following mortgage (hereinafter collectively referred to as the “Mortgage”): Mortgage, dated September 28, 2005, made by Nicki Katsihtis to Washington Mutual Bank, F.A. in the original principal amount of $290,000.00, recorded in the Office of the Rockland County Clerk on October 31, 2005 as Document No.: 200500060584. 15. The Satisfaction of Mortgage was dated December 28, 2009, executed and delivered for filing by JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A., recorded on January 8, 2010 in the Office of the Rockland County Clerk as Instrument No.: 2010-00000840 against the Premises (hereinafter referred to as the “Satisfaction”). 16. A true and correct copy of the Satisfaction is annexed hereto and made a part hereof as “Exhibit C”. 17. The filing of the Satisfaction by JPMorgan Chase Bank, N.A. was erroneous, as the Mortgage was not satisfied. 18. The Satisfaction should not have been presented by recording by JPMorgan Chase Bank, NA. 19. In support hereof, annexed hereto and made a part hereof as “Exhibit D” is the Affidavit of Shirley L. Hudson, officer of the Lender, dated August 31, 2011. : 20. Petitioner desires to have this Honorable Court declare the Satisfaction void, invalid and canceled of record. 21. Other than the interests of the Petitioner, and that of the Lender, no other person, firm, entity or municipal authority is affected by this Petition and the relief requested herein. 22. Petitioner respectfully requests an Order of this Court: @ Declaring that certain Satisfaction of Mortgage, dated December 28, 2009, executed and delivered for filing by JPMorgan Chase Bank, N.A., successor to -Washington Mutual Bank, F.A., recorded on January 8, 2010 in the Office of the Rockland County Clerk as Instrument No.: 2010-00000840 against the premises located at 19 Bluefields Lane, Blauvelt, New York 10913, and known and designated on the Rockland County Tax Map as Section:70.13, Block:2, Lot:58, is hereby declared void and invalid, thereby reinstating that certain Mortgage, dated September 28, 2005, made by Nicki Katsihtis to Washington Mutual Bank, F.A. in the original principal amount of $290,000.00, recorded in the Office of the Rockland County Clerk on October 31, 2005-as Document No.: 200500060584; and @) Directing the Rockland County Clerk to cancel of record that certain Satisfaction of Mortgage, dated December 28, 2009, executed and delivered for filing by JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A., tecorded on January 8, 2010 in the Office of the Rockland County Clerk as Instrument No.: 2010-00000840 against the premises located at 19 Bluefields Lane, Blauvelt, New York 10913, and known and designated on the Rockland County Tax Map as Section:70.13, Block:2, Lot:58, as if same had never been filed, thereby reinstating that certain Mortgage, dated September 28, 2005, made by Nicki Katsihtis to Washington Mutual Bank, F.A. in the original principal amount of $290,000.00, recorded in the Office of the Rockland County Clerk on October 31, 2005 as Document No.: 200500060584. 23. Notice of the request for the relief herein has been given to the Rockland County Clerk by service of a copy of the Petition and supporting Affidavits upon which this Petition is based. Annexed hereto and made a part hereof as “Exhibit E” is the Affidavit of Service on the Rockland County Clerk. 24, No previous application for the relief sought herein has been made. Dated: Mineola, New York September 6, 2011 Thomas A. Toscano Thomas A. Toscano, P.C. Attorney for Petitioner Nicki Katsihtis ee, EXHIBIT A COPY OF DEED orien Robert Grablo, Deputy County Clark 11 South Main St Ste 100 New Gly, WY. 1086 Rockland County Clerk Recording Cover Sheet Received From: Retum To: SOUTH NYWANS$0955SERVICES LTD SEDNEWOITY, KAHN & LICKER 3969S MAI JN: NEW CITY, AY 10068 First GRANTOR {eRESLOW, PAU First GRANTEE [ATSIATIS, WICKT Index Type : Land Records Instr Number : 2005-00080577 Book: Page: ‘Type of Instrument: Deed ‘Type of Transaction ; Deed ‘Recording Fee $120.00 affected by thi in Orangetown, ia the O Recording Pages. (County of Rockland, New York Real Estate Transfer Tax Stata of New York, REIT#: 2058 Countyof Ror Deed Amount $592,000.00 and foregoing wes recorded in thal Pofica for Rockiand Gounly, RETT Amour $2,048.00 NewYor ) 1031/2005 ‘Total Fees = $2,108,00 Tiere): 4:00 PM TEE ‘Dos (9 - 013729000004 X< Robert Grable, Deputy County Clerk sf ‘This choot constdutas the Clarks endarsament requived by Secon 319 of Real Property Law of the State of Now York (Enlefed Sf JT Prirind On: rimarzo0g AL: wexeRAML Book , Page , Ale Mumber 2005-00060577 -— ane eee ae an ee oe ae mee Des sug 067 BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS. (INDIVIDUAL OR CORPORATION) Ad ‘ATION Ts AOS EEMIEN SHOULD BEREPARED BY AN ATTORIGY 2D REVIEWED BY ATTORAYS FOR SLLERAND ?” THIS INDENTUREmadc , the September 28, 2005, between Paul Breslow and Evelyn Breslow, 0f19 Blasficld Lane, Blauvelt, New Yoric 10913, party of the fics pant, and Nicki Katsihtis of 191 Village Green, Bardonia, New York 10554, party of the second part, that the party of the first part, in consideration of Ten Dollars and No Cents ($10.00), lawful money of the United States, psid by the party af the second past, does hereby grant and release unto the party of the second part, the heirs or successors and assigas of the: of the second part never, ALL that certain plot, piece or parce! of land, with the build ‘situate, lying and being in the Hamlet of Blauvelt, Town af ‘York, more particularly described in Scheduled A attached hereto and oe Phe ockland, aBNhereon erected, Stats ofNew TOGETHER with alt right, title and interest, f any, ofthe) Pist part in and to any streets ‘and roads abutting the above described premises ta the center TOGETHER with thc appurtenances and all the estate OM of the party of the frst part in and to sald premises; TO RAVE AND TO HOLD thept nto the pry of he secon par the bes ‘or suocessors and assigns of the party of the se AND the party of the first pi the party of the first part has mot dens or suffered anything whereby the said promises beced in any way whatever, excapt as aforesaid, AND the party of the: i with Section 13 of the Lion Law, oovenunts that the party of the first part will tc ‘this conveyance and wil] hold the right to receive such consideration as a oy 19 be applied first for the purpose of paying the cost of the improvement. and will apply the sarm ‘ofthe cost of the improvement betore using any part of the total ofthe same for 2: ae Breslowby. ©)NGG PENDin the Rocieland D TO BE the same premises conveyed to Paul Brostow and Evelyn County clerk's office on 7/7/ 65, in Liber 793 Page 904, arty” shall be construed as if it read “parties* whenever the sense of this indeature so ‘reguires. HITNESS WHEREOP, tho party of the first part has duly executed this deed the day and year first above written, ramen flieebar ober Lata LIN PRESENCE OF: [NYSOq Reside al Erte Form (O00) cmnindiersctrkCssmiaotuelatnesonn 3 Bock , Tage , File mmber 2005~00060577 - {Page 3 of 4) Ackuowledgmant by a Person Withia New York State (RFL § 309-0) STATE OF NEW YORK ? jens ‘COUNTY OF ROCKLAND On the 26th day of September, 2005, before me, the undersi ‘appeared Pau! Breslow and ‘Byelyn Breslow, personslly mown to me or proved to mie an the basis of sat evidence to be the indivichual(s) whose namme(6)%s (are) subseritted to the within instrament and acknowle:iged ta me thst they executed dhe sare in ‘their capmcityties), and that by their signature(s) on the instrument, the individual(s), or the person upon behalf of ‘which the individnel(s) acted, executed the i S ‘Notary Public of the Btate of New York No, 4696216 (Qualifiedin Rockland County nO Expires on Aughst 31, Bargain & Saie Deed Tide DLSAIS-A5 Neo. Paul Bresiow and Evelyn Breslow c Rockland/Omngetown 19 Bluefields Lane ‘Nicki Katsihtis Blagvelt, New York 10913 Return By Mail To: Se Licker ‘South Main Street ‘New City, New York 10956 Ss Of Recording Office ‘NVA Basle Rel Beate For (900) (© 200 Mashew Banter Cn mere of hs Lesko Oru, Book , Fage , File mmber 2005-00060577 ~ - - (Page © 08 og susan totes We eHD seen Fan Penns HIE . . Faz, passiasas SCHEDULE.A ALL that certaia plot, plese or pened! of land situete, lying and being fa the Hamlet of Blsuvelt, Town of Orangetwwn, County of Rockland and State of New York, designated as Lot No, $-14 on a certain aap entitl Fields, Section Ill in the Hamlet of Blaaveit, Town of Grangetown, New York” Bled in the “Bloe ed ‘Rackiind County Clerk's Office on August 3, 1964 in Book 68 Page 47 as Msp No, 3262. Fepeker Unb al Ag te and eterest Fen) of ePyne CO s Book , Page , File mumber 2005-00060577 cS EXHIBIT B L AFFIDAVIT OF OWNER SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND -. ane nen. Xx IN THE MATTER, OF THE ‘APPLICATION OF INDEX NO.: NICKI KATSIATIS FOR AN ORDER CANCELLING OF RECORD AFFIDAVIT IN SUPPORT A SATISFACTION OF MORTGAGE PURSUANT TO OF PETITION NEW YORK REAL PROPERTY LAW §329 ne ne nen ete atten enn) STATE OF NEW YORK SS. COUNTY OF ROCKLAND ) NICKI KATSINTIS, being duly sworn, deposes and says as follows: 1 I reside at 19 Bluefields Lane, Blauvelt, New York 10913, and known and designated on the Rockland County Tax Map as Section:70.13, Block:2, Lot:58 (hereinafter referred to as the “Premises”). 2. Iam the record owner of the Premises and the Petitioner in this proceeding. 3 Imake this Affidavit in Support of a Petition to cancel a certain Satisfaction of Mortgage, dated December 28, 2009, executed and delivered for filing by JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A., recorded on January 8, 2010 in the Office of the Rockland County Clerk as Instrument No.: 2010-00000840 against the Premises. 4. On July 21, 2008, JPMorgan Chase Bank, N.A., successor to Washington Mutual Bank, F.A. caused to be filed a Satisfaction of Mortgage of the following mortgage (hereinafter collectively referred to as the “Mortgage”): Mortgage, dated September 28, 2005, made by Nicki Katsihtis to Washington Mutual Bank, F.A. in the original principal amount of $290,000.00, recorded in the Office of the Rockland County Clerk on October 31, 2005 as Document No.: 200500060584. 5 J am currently in the process of refinancing my mortgage with JPMorgan Chase Bank, N.A. (hereinafter referred to as the “Lender”) in order to reduce my monthly mortgage payment. 6. In the processing of my loan refinance, it was revealed by the title company handling the refinance transaction that the Lender had erroneously filed a satisfaction of mortgage, notwithstanding the fact that I currently have an outstanding mortgage loan with the Lender. 7. I would otherwise be entitled to pay a substantially reduced mortgage tax in connection with my pending refinance transaction, based on a mortgage tax credit available to me computed on the outstanding principal balance of any recorded mortgage on the Premises. 8 Without the relief requested, I would be stripped of this benefit, and I would be forced to pay thousands of dollars in additional mortgage tax, thereby negating the whole purpose of my pending refinance transaction. 9. The filing of the Satisfaction of Mortgage by JPMorgan Chase Bank, N.A. was a mistake and a clerical error, as the Mortgage was not satisfied. 10. The Satisfaction of Mortgage should not have been presented by JPMorgan Chase Bank, N.A. for recording. 11. I respectfully request that this Honorable Court declare the Satisfaction of Mortgage void, invalid and canceled of record. 12. No previous application for the relief sought herein has been made. ? Nicki Katsihtis Sworn to before me this / 885 0 be Pubif JENNIFER CAPRIO Notary Public State of New Jersey My Commission Expires May 8, 2016 EXHIBIT C COPY OF SATISF ACTION {Page 1 of 2} Paul Piperato, County Clerk 1 South MainSt Ste 100 New Clty, NY 10956 (845) 638-5221 Reckland County Clerk Recording Cover Sheet Recelved From: Return To: AS! 7A KANSAS 710 KANSAS LANE MONROE, LA 71203-9983 MONROE, LA 71203-0963 First GRANTOR, (JPMORGAN CHASE BANK NA First GRANTEE [KATSIATIS NICK Index Type : Land Records instr Number ; 2010-00000840 Orig Instr #: 2005-00060584 Book Page : ‘Typeaf Instrument : Salisfaction Of Mortgage Type of Transaction : Sat Mig Recording Fee $50.60 Recording Pages : 2 Recorded Information a State of Nes ‘ork. Gounty of ey that the within and foregoing was id in Glerk's office for Rockland County, (Recorded Date) : 01/08/2010 oe {Recorded Time) : 1:32:24 PM cK CO Se Sgt a a BS