Preview
FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------- ----X
DEUTSCHE BANK NATIONAL TRUST Index No.:
COMPANY, AS TRUSTEE FOR SOUNDVIEW Date Filed:
HOME LOAN TRUST 2006-OPT4, ASSET-BACKED
CERTIFICATES, SERIES 2006-OPT4,
Plaintiff,
SUMMONS
-against- Plaintiff designates Suffolk County
as the Place of Trial
CHRISTINE LEVERICH; KENNETH LEVERICH; Designation of Venue is based upon
CLERK OF THE SUFFOLK COUNTY TRAFFIC & the situs of the Subject Property
PARKING VIOLATIONS AGENCY,
Subject Property:
1 GEMINI LANE, NESCONSET
#1" #12,"
"JOHN DOE through "JOHN DOE the last
NY 11767
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property
described in the Complaint,
Defendants.
---------------------------------------------------- X
To The Above-Named Defêñdañts:
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 Plaintiffs Attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
Summons is not personally delivered to you within the State of New York) in the event the
United States of America is made a party defendant, the time to answer for the said United States
Illllllllll!iillillillillillillilliiiiii|ili|i Illilliill!!!!!!P!!Eiiiiiiiliiiiiiiiiiiiiiliiii Illillilllilliiliililliiiiililijij|!!
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of America shall not expire until sixty (60) days after service of the Summons; and 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 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 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 the mortgage compañy will not stop the 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.
Dated: 7/8/2019
Westbury, w York
oriskin, LLC
torney for Plaintif
BY:
[ ] SARA BORISKIN, ESQ.
] ANTHONY CELLUCCI, ESQ.
] ALECIA C. DANIEL, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
________ _______ X
DEUTSCHE BANK NATIONAL TRUST Index No.:
COMPANY, AS TRUSTEE FOR SOUNDVIEW Date Filed:
HOME LOAN TRUST ASSET-
2006-OPT4,
BACKED CERTIFICATES, SERIES 2006-OPT4,
Plaintiff,
COMPLAINT
-against-
Subject Property:
1 GEMINI LANE
CHRISTINE LEVERICH; KENNETH LEVERICH;
NESCONSET, NY 11767
CLERK OF THE SUFFOLK COUNTY TRAFFIC &
PARKING VIOLATIONS AGENCY,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
Subject Property described in the Complaint,
Defendants.
------- ------ ---------------------------------X
The Complaint of the above-referenced Plaintiff, by its attorneys, RAS Boriskin, LLC,
complains and alleges upon information and belief as follows:
NATURE OF THIS ACTION
1. This action is brought pursuant to Article 13 of the Real Property and Proceedings
Law for foreclosure of the mortgage dated April 27, 2006 and recorded on May 16, 2006, in
Official Records Liber M00021299 at Page Number 391 of the Public Records of the County of
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SUFFOLK, State of New York (hereinafter referred to as the "Subject Mortgage"). The
Mortgage Tax was duly paid.
2. The premises (hereinafter referred to as "Subject Property") which forms the
"A"
subject of this action is fully described in Schedule attached hereto.
PARTIES
3. At all times hereinafter mentioned, Plaintiff was and remains, organized and
existing under the laws of the United States of America or of the State of its formation.
4. Upon information and belief, Defendant(s) KENNETH LEVERICH AND
CHRISTINE LEVERICH, at all relevant times, maintain(s) a residence within the State of New
York and is/are the mortgagor(s) pursuant to the Subject Mortgage. The description and interest
"B"
of the above-referenced Defendant(s) is/are more fully set forth in Schedules and "C",
respectively. See RPAPL §§6 1311. 1312, and 1313.
5. Upon information and belief, the remaining Defendant(s), if any and not further
set forth hereinbelow, as identified in Schedule "B", are named solely for the reasons set forth in
Schedule "C". See RPAPL 6§§ 1311. 1312. and 1313.
#1" #12"
6. Defendants "JOHN DOE through "JOHN DOE are additional persons
or parties intended being the tenants, occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313.
RELEVANT FACTS
7. On or about April 27, 2006, CHRISTINE LEVERICH , duly executed,
acknowledged, and delivered a note (hereinafter referred to as the "Subject Note") wherein and
whereby CHRISTINE LEVERICH , promised to repay the sum of $480,000.00 in monthly
payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together
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with hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit
"A"
is a copy of the Subject Note.
8. Plaintiff, directly or through an agent maintains physical and/or constructive
possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject
Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff
and/or such party having delegated authority to Plaintiff, prior to the commencement of the
instant action.
9. On or about April 27, 2006, as collateral and to secure the repayment of the sum
represented by the Subject Note, KENNETH LEVERICH AND CHRISTINE LEVERICH, duly
"B"
executed, acknowledged and delivered the Subject Mortgage. Annexed hereto as Exhibit is
a copy of the Subject Mortgage.
10. The Subject Mortgage secures the real property commonly known as 1 GEMINI
LANE, NESCONSET, NEW YORK 11767 and by District 0800, Section 136.00, Block 03.00,
Lot 035.000, together with all fixtures, appurtenances, and articles of personal property annexed
thereto, installed therein, or used in connection with the in addition to all right, title, and interest
of the Defendants in and to the land lying in the streets and roads in front of adjoining said
"A"
Subject Property. Annexed hereto as Schedulc is a copy of the legal description.
11. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of
Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove.
12. Said loan was modified. As evidence of the modification a Loan Modification
Agreement dated October 16, 2018 was executed. As a result of the foregoing, if not already
paid, Plaintiff shall pay the requisite mortgage tax attributed to the Loan Modification
Agreement, if any, prior to the Judgment of Foreclosure and Sale.
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13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or
having been delegated the requisite authority to commeñce a mortgage foreclosure action by the
owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges
upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
14. That Plaintiff repeats and realleges each and every allegation contained in
"1" "13"
paragraphs through paragraphs above with the same force and effect as if set forth at
length herein.
15. That CHRISTINE LEVERICH defaulted on his/her/their obligation having failed
to comply with the conditions of the Subject Note by withholding the payment amount that
became due on November 1, 2018, and plaintiff is entitled to enforce its security interest against
KENNETH LEVERICH AND CHRISTINE LEVERICH pursuant to the terms of the Subject
Mortgage. As of July 08, 2019, said default has not been cured. There is now the amount of
$496,749.56, plus interest, taxes, assessments, leasehold payments or ground rents (if any),
together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff.
16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to
the extent required by the underlying loan documents, however, Defendant(s) continued default
remains uncured.
17. That Plaintiff has complied with those provisions of Real Property and
Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require.
18. That by reason of the aforementioned default(s), Plaintiff hereby declares the
balance of the principal indebtedness to be immediately due and owing.
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19. That based upon the foregoing, there is now due and owing from the Borrower(s)
to the Plaintiff, the principal sum of $496,749.56 plus interest thereon from October 01, 2018, in
addition to those accumulated late charges and those recoverable monies advanced by Plaintiff
and/or Plaintiff's predecessor-in-interest on behalf of CHRISTINE LEVERICH , together with
attorneys'
all costs, including but not limited to, fees, disbursements, and further allowances
provided pursuant to the underlying loan documents and applicable law in bringing any action to
protect the Mortgagee's interest in the Subject Property.
20. That 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 any and all future defaults
under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are
fully paid.
21. That to protect its security afforded by the Subject Note and Mortgage, it may be
necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which
are, or may become liens on the Subject Property, and any other charges for the protection of the
Subject Property, and Plaintiff hereby demands that any amounts which may be so expended
shall be added to the amount of the principal sum secured by said note and mortgage, together
with interest from the time of any such payment, and that the same be paid to the Plaintiff from
the proceeds of the foreclosure sale herein.
22. That Plaintiff further alleges that all Defendant(s), including those not specifically
identified as executors of the underlying loan documents, have or may claim to have, some
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interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any,
is subject and subordinate to the lien of the mortgage being foreclosed herein.
23. That the sale of the Subject Property and title thereto are subject to the state of
facts an accurate survey will show; all covenants, restrictions, easements, agreements and
reservations, if any, of record, and to any and all violations thereof; any and all building and
zoning regulations, restrictions and ordiñañees of the municipality in which said premises are
situated, and to any violations of the same, including, but not limited to, reapportionment of lot
lines, and vault charges, if any; any and all orders or requirements issued by any governmental
body having jurisdiction against or affecting said premises and any violation of the same; the
physical condition of any building or structure on the premises as of the date of closing
hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of any
defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials
in the premises including, but not limited to, flammable explosives, radioactive materials,
hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other
conditions as set forth in the terms of sale more particularly to be announced at the sale.
24. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any
rules and regulations promulgated thereunder together with Banking Law §§ 6-1 and 6-m.
25. That Plaintiff further alleges that no other proceedings have resulted in the
collection of any part of the mortgaged debt or if any such action is pending, a final judgment
was not rendered in favor of Plaintiff and such action is intended to be discontinued.
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WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of
Plaintiff and as against Defendants as follows:
I. On its First Cause of Action:
a) The Defendants and each of them, and all persons claiming under them, or any of
them subsequent to the commencement of this action and the filing of the Notice
of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien
and equity of redemption in the Subject Property;
b) Said Subject Property be sold subject to the state of facts an accurate survey will
show; all covenants, restrictions, easements, agreemeñts and reservations, if any,
of record, and to any and all violations thereof; any and all building and zoning
Preview
FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------- ----X DEUTSCHE BANK NATIONAL TRUST Index No.: COMPANY, AS TRUSTEE FOR SOUNDVIEW Date Filed: HOME LOAN TRUST 2006-OPT4, ASSET-BACKED CERTIFICATES, SERIES 2006-OPT4, Plaintiff, SUMMONS -against- Plaintiff designates Suffolk County as the Place of Trial CHRISTINE LEVERICH; KENNETH LEVERICH; Designation of Venue is based upon CLERK OF THE SUFFOLK COUNTY TRAFFIC & the situs of the Subject Property PARKING VIOLATIONS AGENCY, Subject Property: 1 GEMINI LANE, NESCONSET #1" #12," "JOHN DOE through "JOHN DOE the last NY 11767 twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. ---------------------------------------------------- X To The Above-Named Defêñdañts: 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 Plaintiffs Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States Illllllllll!iillillillillillillilliiiiii|ili|i Illilliill!!!!!!P!!Eiiiiiiiliiiiiiiiiiiiiiliiii Illillilllilliiliililliiiiililijij|!! 19-357675 - MeM 1 of 37 FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 of America shall not expire until sixty (60) days after service of the Summons; and 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 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 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 the mortgage compañy will not stop the 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. Dated: 7/8/2019 Westbury, w York oriskin, LLC torney for Plaintif BY: [ ] SARA BORISKIN, ESQ. ] ANTHONY CELLUCCI, ESQ. ] ALECIA C. DANIEL, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 19-357675 - MeM 2 of 37 FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ________ _______ X DEUTSCHE BANK NATIONAL TRUST Index No.: COMPANY, AS TRUSTEE FOR SOUNDVIEW Date Filed: HOME LOAN TRUST ASSET- 2006-OPT4, BACKED CERTIFICATES, SERIES 2006-OPT4, Plaintiff, COMPLAINT -against- Subject Property: 1 GEMINI LANE CHRISTINE LEVERICH; KENNETH LEVERICH; NESCONSET, NY 11767 CLERK OF THE SUFFOLK COUNTY TRAFFIC & PARKING VIOLATIONS AGENCY, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. ------- ------ ---------------------------------X The Complaint of the above-referenced Plaintiff, by its attorneys, RAS Boriskin, LLC, complains and alleges upon information and belief as follows: NATURE OF THIS ACTION 1. This action is brought pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the mortgage dated April 27, 2006 and recorded on May 16, 2006, in Official Records Liber M00021299 at Page Number 391 of the Public Records of the County of 19-357675 - MeM 3 of 37 FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 SUFFOLK, State of New York (hereinafter referred to as the "Subject Mortgage"). The Mortgage Tax was duly paid. 2. The premises (hereinafter referred to as "Subject Property") which forms the "A" subject of this action is fully described in Schedule attached hereto. PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4. Upon information and belief, Defendant(s) KENNETH LEVERICH AND CHRISTINE LEVERICH, at all relevant times, maintain(s) a residence within the State of New York and is/are the mortgagor(s) pursuant to the Subject Mortgage. The description and interest "B" of the above-referenced Defendant(s) is/are more fully set forth in Schedules and "C", respectively. See RPAPL §§6 1311. 1312, and 1313. 5. Upon information and belief, the remaining Defendant(s), if any and not further set forth hereinbelow, as identified in Schedule "B", are named solely for the reasons set forth in Schedule "C". See RPAPL 6§§ 1311. 1312. and 1313. #1" #12" 6. Defendants "JOHN DOE through "JOHN DOE are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313. RELEVANT FACTS 7. On or about April 27, 2006, CHRISTINE LEVERICH , duly executed, acknowledged, and delivered a note (hereinafter referred to as the "Subject Note") wherein and whereby CHRISTINE LEVERICH , promised to repay the sum of $480,000.00 in monthly payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together 19-357675 - MeM 4 of 37 FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 with hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit "A" is a copy of the Subject Note. 8. Plaintiff, directly or through an agent maintains physical and/or constructive possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 9. On or about April 27, 2006, as collateral and to secure the repayment of the sum represented by the Subject Note, KENNETH LEVERICH AND CHRISTINE LEVERICH, duly "B" executed, acknowledged and delivered the Subject Mortgage. Annexed hereto as Exhibit is a copy of the Subject Mortgage. 10. The Subject Mortgage secures the real property commonly known as 1 GEMINI LANE, NESCONSET, NEW YORK 11767 and by District 0800, Section 136.00, Block 03.00, Lot 035.000, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of adjoining said "A" Subject Property. Annexed hereto as Schedulc is a copy of the legal description. 11. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove. 12. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated October 16, 2018 was executed. As a result of the foregoing, if not already paid, Plaintiff shall pay the requisite mortgage tax attributed to the Loan Modification Agreement, if any, prior to the Judgment of Foreclosure and Sale. 19-357675 - MeM 5 of 37 FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commeñce a mortgage foreclosure action by the owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 14. That Plaintiff repeats and realleges each and every allegation contained in "1" "13" paragraphs through paragraphs above with the same force and effect as if set forth at length herein. 15. That CHRISTINE LEVERICH defaulted on his/her/their obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on November 1, 2018, and plaintiff is entitled to enforce its security interest against KENNETH LEVERICH AND CHRISTINE LEVERICH pursuant to the terms of the Subject Mortgage. As of July 08, 2019, said default has not been cured. There is now the amount of $496,749.56, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff. 16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to the extent required by the underlying loan documents, however, Defendant(s) continued default remains uncured. 17. That Plaintiff has complied with those provisions of Real Property and Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require. 18. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 19-357675 - MeM 6 of 37 FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 19. That based upon the foregoing, there is now due and owing from the Borrower(s) to the Plaintiff, the principal sum of $496,749.56 plus interest thereon from October 01, 2018, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff's predecessor-in-interest on behalf of CHRISTINE LEVERICH , together with attorneys' all costs, including but not limited to, fees, disbursements, and further allowances provided pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee's interest in the Subject Property. 20. That 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 any and all future defaults under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are fully paid. 21. That to protect its security afforded by the Subject Note and Mortgage, it may be necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the Subject Property, and any other charges for the protection of the Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the Plaintiff from the proceeds of the foreclosure sale herein. 22. That Plaintiff further alleges that all Defendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some 19-357675 - MeM 7 of 37 FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 23. That the sale of the Subject Property and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordiñañees of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. 24. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any rules and regulations promulgated thereunder together with Banking Law §§ 6-1 and 6-m. 25. That Plaintiff further alleges that no other proceedings have resulted in the collection of any part of the mortgaged debt or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 19-357675 - MeM 8 of 37 FILED: SUFFOLK COUNTY CLERK 07/22/2019 12:19 PM INDEX NO. 613882/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2019 WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff and as against Defendants as follows: I. On its First Cause of Action: a) The Defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the Subject Property; b) Said Subject Property be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreemeñts and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning