Preview
FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
CITIMORTGAGE, INC., ORIGINAL FILED WITH THE
CLERK ON
PLAINTIFF,
V. Index No.:
MEGHAN BOZEK; JOHN DOE (SAID NAME MORTGAGED PREMISES:
BEING FICTITIOUS TO REPRESENT 43B BELLOWS TERRACE A/K/A
UNKNOWN TENANTS/OCCUPANTS OF THE BELLOWS TERRACE ROAD
SUBJECT AND ANY OTHER
PROPERTY HAMPTON BAYS, NY 11946
PARTY OR ENTITY OF ANY KIND, IF ANY,
HAVING OR CLAIMING AN INTEREST OR District: 0900 Section: 254.00 Block:
LIEN UPON THE MORTGAGED PROPERTY), 02.00 Lot: 006.000
DEFENDANTS. SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned
action and to serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days
after the service of this Summons, exclusive of the day of service, or within thirty (30) days after
completion of service where service is made in any other manner than by personal delivery
within the State. The United States of America, if designated as a Defendant in this action may
answer or appear within sixty (60) days of service hereof. In case of your failure to appear or
answer, judgment will be taken against you by default for the relief Amanded in the Corsplaint.
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
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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.
SUFFOLK COUNTY is designated as the place of trial. The basis of venue is the location of
the mortgaged premises foreclosed herein.
Dated:
d argaret J. bascino, Esq. (4196911)
Stacey A. Weisblatt, Esq. (2517886)
Roland R. Georger, Esq. (4663175)
Anthony P. Scali, Esq. (4556775)
Todd R. Baltch, Esq. (4884862)
Jacqueline F. McNally, Esq. (5309091)
Paul S. Huntington, Esq. (5630645)
Stern & Eisenberg, PC
Attorneys for Plaintiff
485 B Route 1 South, Suite 330
Woodbridge Corporate Center
Iselin, NJ 08830
T: (516) 630-0288
and
4976 Transit Road #2
Depew, NY 14043
T: (516) 630-0288
Counsel for Plaintiff
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NOTICE PURSUANT TO
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM A DEBT COLLECTOR
IS ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE.
Unless you notify this office within 30 days after receiving this notice that you dispute the
validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify
this office in writing within 30 days from receiving this notice, this office will obtain verification
of the debt or obtain a copy of a judgi1iciit and mail you a copy of such judgment or verification.
If you request this office in writing within 30 days after receiving this notice this office will
provide you with the name and address of the original creditor, if different from the current
creditor.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF
YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO
THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED
OBLIGATION) AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO
COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE
MORTGAGE/LIEN AGAINST REAL PROPERTY (SECURED PROPERTY).October 14, 2015
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
CITIMORTGAGE, INC., ORIGINAL FILED WITH THE
CLERK ON
PLAINTIFF,
V. Index No.:
MEGHAN BOZEK; JOHN DOE (SAID MORTGAGED PREMISES:
NAME BEING FICTITIOUS TO 43B BELLOWS TERRACE A/K/A
REPRESENT UNKNOWN BELLOWS TERRACE ROAD
TENANTS/OCCUPANTS OF THE SUBJECT HAMPTON BAYS, NY 11946
PROPERTY AND ANY OTHER PARTY OR
ENTITY OF ANY KIND, IF ANY, HAVING District: 0900 Section: 254.00 Block:
OR CLAIMING AN INTEREST OR LIEN 02.00 Lot: 006.000
UPON THE MORTGAGED PROPERTY),
DEFENDANTS.
COMPLAINT - MORTGAGE FORECLOSURE
Plaintiff, CitiMortgage, Inc. (herein after referred to as "CitiMortgage"), by and through
its Counsel, Stern & Eisenberg, PC, does hereby bring the within Complaint against the
Defendants and upon information and belief, alleges as follows:
1. Plaintiff is the holder of a note and mortgage being foreclosed in this action and is duly
organized under the laws of the United States.
2. Defendant MEGHAN BOZEK ("Defendant"), is, upon information and belief, an adult
individual with a last-known address of 43B BELLOWS TERRACE A/K/A BELLOWS
TERRACE ROAD, HAMPTON BAYS, NY 11946.
AS AND FOR A FIRST CAUSE OF ACTION
3. On October 14, 2015, MEGHAN BOZEK executed and delivered to CITIBANK, N.A. a
note in the amount of $361,623.00 in which Defendant agreed to repay the unpaid
principal balance together with accrued interest and such other amounts until paid
"A"
("Note"). A copy of the Note is attached hereto as Exhibit and is incorporated herein
by reference as though set forth at length herein.
4. To secure repayment of the Note, MEGHAN BOZEK executed and delivered a mortgage
to CITIBANK, N.A. ("Original Mortgagee") on the real property located at 43B
BELLOWS TERRACE A/K/A BELLOWS TERRACE ROAD, HAMPTON BAYS, NY
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11946 (the "Property") to secure the payment of the sum of $361,623.00 (the
"Mortgage"). Said Mortgage was recorded in the Suffolk County Clerk's Office on
01/12/2016 in Book/Liber M00022666 at Page 813 at which time the mortgage recording
tax was duly paid. Above agreement, by its terms, consolidates the mortgage recorded in Liber
M00021694 Page 939, as assigned and mortgage recorded in Liber M00022666 Page 812 to form
a single lien in the amount of $361,623.00. A copy of the Mortgage is attached as Exhibit
"B"
and is incorporated herein by reference as though set forth at length herein.
5. Prior to the commencement of this action, the original Note and Mortgage were delivered
to Plaintiff and the Mortgage was assigned to Plaintiff, by Assignment of Mortgage. A
"C"
copy of the Assignmmt of Mortgage is attached as Exhibit and is incorporated herein
by reference as though set forth a length herein.
6. Defendant MEGHAN BOZEK has failed to comply with the terms of the Note and
Mortgage by failing to pay the monthly payment due on 08/01/2018 and each subsequent
payment that has come due, together with any other amounts for taxes, assessments,
water rents, escrow and/or any other charges that have come due and are payable under
the terms of the Note and Mortgage since the date of default set forth above.
Accordingly, Plaintiff elects to call due the entire amount secured by the Mortgage.
7. As of January 4, 2019 the following amounts are due and owing pursuant to the terms of
the Note and Mortgage:
Principal Balance:........................... .........$327,972.43
Interest from 07/01/2018 to 01/04/2019..............$6,458.94
Escrow Advance:.................................................$1,552.28
Property Inspection:.............................................$32.50
Accum Late Charges:..........................................$173.40
together with accrued interest and any other amounts advanced for taxes, insurance,
maintenance of the Property, together with other amounts that come due and allowed
pursuant to the terms of the Note and Mortgage, including, but not limited to costs,
allowances and reasonable attorney's fees.
8. During the course of this action, the Plaintiff (directly and/or through its agents) may be
obligated to make advances for the payment of taxes, insurance premiums and necessary
expenses to preserve the security, and such sums advanced under the tenns of the note,
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together with interest (to the extent allowed), are to be added to the amount due on the
mortgage debt and secured by the Plaintiff's Mortgage.
9. If applicable, the Mortgage was originated in compliance with Banking Law Sections
595-a, 6-1 and/or 6-m and the Plaintiff has complied with all appropriate provisions of
Section 595-a of the Banking law and any rules and regulations promulgated thereunder,
including Section 6-1 and 6-m, and section 1304 of the Real Property Actions and
Proceedings Law.
10. Prior to the commencement of this action, Plaintiff sent a demand for payment in
accordance with the terms of the Note and Mortgage to Defendant(s). A copy of the
demand is attached as Exhibit "D".
11. That prior to the commencement of this action, Plaintiff sent notice to MEGHAN
BOZEK in accordance with the terms of RPAPL 1304, if applicable. Copies of said
Notices are attached as Exhibit "E". Further, if necessary, said notice has been registered
in accordance with RPAPL 1306.
12. The defendants identified more fully on Exhibit "F", attached hereto and incorporated
herein, are alleged to have or otherwise claim to have some interest in or lien upon said
mortgaged Property, which interest and/or lien has accrued subsequent to (or otherwise
equitably or duly subordinated to) the lien of Plaintiff's Mortgage.
13. Defendants John Doe are occupants of the Property being foreclosed, or any persons or
entities of any kind otherwise claiming a lien or other interest in or against the Property
who are currently unknown to Plaintiff and whose interest and/or lien is subordinate to
the lien held by Plaintiff.
14. ("Sale Request") In the event this action proceeds to judgment in foreclosure and sale of
the Property, Plaintiff requests that the Property be sold subject to any statement of facts
an inspection of the Property would disclose or an accurate survey of the Property would
show; covenants, restrictions, easements and public utility agreements of record, if any;
building and zoning ordinances and possible violations of same; any rights of tenants or
persons in possession of the Property; any equity/right of redemption of the United States
of America within 120 days of the sale; and, any prior mortgages and liens, if any. If the
Mortgage secures more than one property, Plaintiff requests the judgment in foreclosure
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provide for the sale of the properties in a particular order to the extent necessary to satisfy
the amounts due as determined by this Court.
15. The mortgaged premises being foreclosed (the Property) is more fully described in
"G"
Exhibit annexed hereto and made a part hereof. The tax map designation is known
as or part of SBL No.: District: 0900 Section: 254.00 Block: 02.00 Lot: 006.000.
16. There are no other pending proceedings to enforce the referenced Note and Mortgage. To
the extent there was any prior proceeding, it is the intention of the Plaintiff that any such
action be discontinued and the instant action be the only pending action.
17. Pursuant to the terms of the Mortgage, upon default, Plaintiff is entitled to recover
attorneys'
fees and costs incurred as a result of Defendant's defmdt, Therefore, Plaintiff
attorneys'
demands payment of its fees and costs to be incurred in connection with this
action.
AS AND FOR A SECOND CAUSE OF ACTION
18. Plaintiff repeats and re-alleges each of the allegations set forth in Paragraphs 1 through
17 as though more fully set forth herein.
19. The legal description has been taken from the mortgage to be foreclosed recorded in Liber
M00022666 Page 812 with the following typographical errors corrected:
- "...town Southampton..." Southampton..."
of should recite "...Town of
- "...E.P. hayes..." Hayes..."
should recite "...E.P.
Description" "G"
20. The correct "Schedule A-Property is attached hereto as Exhibit and has
been taken from the Mortgage being foreclosed which does not contain the aforementioned error.
21. No party will be prejudiced by the relief requested herein.
WHEREFORE, Plaintiff, CitiMortgage, demands judgment:
On the First Cause of Action
1. Fixing the amounts due the Plaintiff for all amounts due under the Note and Mortgage,
including, but not limited to principal, interest, costs, late charges, expenses of sale,
allowances and dis'uuiseinents, reasonable attorney's fees (to the extent allowed under the
Note and/or Mortgage) and all other monies advanced and paid which are secured by the
Mortgage;
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2. That the Defendants and all parties claiming by, through or under them and every other
person or entity whose right, title, conveyance or esswo-brance is subsequent to or
subsequently recorded, or whose lien is being challenged by being a Defendant in this
action, be barred and foreclosed of and from all right, claim, lien, interest or equity of
redemption in and to said Property;
3. That said Property, or such part thereof as may be necessary to raise the amounts due
herein, be decreed to be sold according to law subject to the provisions of the Sale
Request paragraph above;
4. That out of the monies arising from the sale of the Property, the Plaintiff may be paid the
amounts due on said Note and Mortgage, plus all other amounts provided for and allowed
under the judgment, together with any sums expended as aforesaid, with interest as
allowed by law upon any advances from the dates of the respective advance payments, to
the extent allowed;
5. That either or any of the parties to this action may become a purchaser upon such sale;
6. That this Court, if requested, forthwith appoint a receiver of rents and profits of said
Property with the usual powers and duties;
7. That the Defendañts referred to in paragraph 3 of this Complaint (and any original or
subsequent obligors so named in this action) may be adjudged to pay any deficiency that
may remain after applying all of said monies so applicable thereto, unless the debt has
been listed and discharged in a bankruptcy proceeding, in which case no deficiency
judgment will be sought.
8. In the event Plaintiff possesses any other liens against the Property, they shall NOT be
merged with the same/instant matter. Plaintiff specifically reserves its right to share in
any surplus monies arising from sale of the Property by virtue of its position as a
judgment or other lien creditor, excluding the Mortgage being foreclosed herein.
9. That the Plaintiff be granted such other and further relief as may be just, equitable and
proper.
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On the Second Cause of Action
1. Reforming the mortgage, nunc pro tune, to correct the "Schedule A-Property
Description" "G"
to reflect the property description attached as Exhibit of the Coniplaiiit.
2. That Plaintiff be granted such other and further relief as may be just, equitable and
proper.
Dated:
g¡ argaret J. Cascino, Esq. (4196911)
Stacey A. Weisblatt, Esq. (2517886)
Roland R. Georger, Esq. (4663175)
Anthony P. Scali, Esq. (4556775)
Todd R. Baltch, Esq. (4884862)
Jacqueline F. McNally, Esq. (5309091)
Paul S. Huntington, Esq. (5630645)
Stern & Eisenberg, PC
Attorneys for Plaintiff
485 B Route 1 South, Suite 330
Woodbridge Corporate Center
Iselin, NJ 08830
and
4976 Transit Road #2
Depew, NY 14043
T: (516)
Preview
FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CITIMORTGAGE, INC., ORIGINAL FILED WITH THE CLERK ON PLAINTIFF, V. Index No.: MEGHAN BOZEK; JOHN DOE (SAID NAME MORTGAGED PREMISES: BEING FICTITIOUS TO REPRESENT 43B BELLOWS TERRACE A/K/A UNKNOWN TENANTS/OCCUPANTS OF THE BELLOWS TERRACE ROAD SUBJECT AND ANY OTHER PROPERTY HAMPTON BAYS, NY 11946 PARTY OR ENTITY OF ANY KIND, IF ANY, HAVING OR CLAIMING AN INTEREST OR District: 0900 Section: 254.00 Block: LIEN UPON THE MORTGAGED PROPERTY), 02.00 Lot: 006.000 DEFENDANTS. SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief Amanded in the Corsplaint. 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 1 of 76 FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 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. SUFFOLK COUNTY is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. Dated: d argaret J. bascino, Esq. (4196911) Stacey A. Weisblatt, Esq. (2517886) Roland R. Georger, Esq. (4663175) Anthony P. Scali, Esq. (4556775) Todd R. Baltch, Esq. (4884862) Jacqueline F. McNally, Esq. (5309091) Paul S. Huntington, Esq. (5630645) Stern & Eisenberg, PC Attorneys for Plaintiff 485 B Route 1 South, Suite 330 Woodbridge Corporate Center Iselin, NJ 08830 T: (516) 630-0288 and 4976 Transit Road #2 Depew, NY 14043 T: (516) 630-0288 Counsel for Plaintiff 2 of 76 FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM A DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgi1iciit and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION) AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY (SECURED PROPERTY).October 14, 2015 3 of 76 FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CITIMORTGAGE, INC., ORIGINAL FILED WITH THE CLERK ON PLAINTIFF, V. Index No.: MEGHAN BOZEK; JOHN DOE (SAID MORTGAGED PREMISES: NAME BEING FICTITIOUS TO 43B BELLOWS TERRACE A/K/A REPRESENT UNKNOWN BELLOWS TERRACE ROAD TENANTS/OCCUPANTS OF THE SUBJECT HAMPTON BAYS, NY 11946 PROPERTY AND ANY OTHER PARTY OR ENTITY OF ANY KIND, IF ANY, HAVING District: 0900 Section: 254.00 Block: OR CLAIMING AN INTEREST OR LIEN 02.00 Lot: 006.000 UPON THE MORTGAGED PROPERTY), DEFENDANTS. COMPLAINT - MORTGAGE FORECLOSURE Plaintiff, CitiMortgage, Inc. (herein after referred to as "CitiMortgage"), by and through its Counsel, Stern & Eisenberg, PC, does hereby bring the within Complaint against the Defendants and upon information and belief, alleges as follows: 1. Plaintiff is the holder of a note and mortgage being foreclosed in this action and is duly organized under the laws of the United States. 2. Defendant MEGHAN BOZEK ("Defendant"), is, upon information and belief, an adult individual with a last-known address of 43B BELLOWS TERRACE A/K/A BELLOWS TERRACE ROAD, HAMPTON BAYS, NY 11946. AS AND FOR A FIRST CAUSE OF ACTION 3. On October 14, 2015, MEGHAN BOZEK executed and delivered to CITIBANK, N.A. a note in the amount of $361,623.00 in which Defendant agreed to repay the unpaid principal balance together with accrued interest and such other amounts until paid "A" ("Note"). A copy of the Note is attached hereto as Exhibit and is incorporated herein by reference as though set forth at length herein. 4. To secure repayment of the Note, MEGHAN BOZEK executed and delivered a mortgage to CITIBANK, N.A. ("Original Mortgagee") on the real property located at 43B BELLOWS TERRACE A/K/A BELLOWS TERRACE ROAD, HAMPTON BAYS, NY 4 of 76 FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 11946 (the "Property") to secure the payment of the sum of $361,623.00 (the "Mortgage"). Said Mortgage was recorded in the Suffolk County Clerk's Office on 01/12/2016 in Book/Liber M00022666 at Page 813 at which time the mortgage recording tax was duly paid. Above agreement, by its terms, consolidates the mortgage recorded in Liber M00021694 Page 939, as assigned and mortgage recorded in Liber M00022666 Page 812 to form a single lien in the amount of $361,623.00. A copy of the Mortgage is attached as Exhibit "B" and is incorporated herein by reference as though set forth at length herein. 5. Prior to the commencement of this action, the original Note and Mortgage were delivered to Plaintiff and the Mortgage was assigned to Plaintiff, by Assignment of Mortgage. A "C" copy of the Assignmmt of Mortgage is attached as Exhibit and is incorporated herein by reference as though set forth a length herein. 6. Defendant MEGHAN BOZEK has failed to comply with the terms of the Note and Mortgage by failing to pay the monthly payment due on 08/01/2018 and each subsequent payment that has come due, together with any other amounts for taxes, assessments, water rents, escrow and/or any other charges that have come due and are payable under the terms of the Note and Mortgage since the date of default set forth above. Accordingly, Plaintiff elects to call due the entire amount secured by the Mortgage. 7. As of January 4, 2019 the following amounts are due and owing pursuant to the terms of the Note and Mortgage: Principal Balance:........................... .........$327,972.43 Interest from 07/01/2018 to 01/04/2019..............$6,458.94 Escrow Advance:.................................................$1,552.28 Property Inspection:.............................................$32.50 Accum Late Charges:..........................................$173.40 together with accrued interest and any other amounts advanced for taxes, insurance, maintenance of the Property, together with other amounts that come due and allowed pursuant to the terms of the Note and Mortgage, including, but not limited to costs, allowances and reasonable attorney's fees. 8. During the course of this action, the Plaintiff (directly and/or through its agents) may be obligated to make advances for the payment of taxes, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the tenns of the note, 5 of 76 FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 together with interest (to the extent allowed), are to be added to the amount due on the mortgage debt and secured by the Plaintiff's Mortgage. 9. If applicable, the Mortgage was originated in compliance with Banking Law Sections 595-a, 6-1 and/or 6-m and the Plaintiff has complied with all appropriate provisions of Section 595-a of the Banking law and any rules and regulations promulgated thereunder, including Section 6-1 and 6-m, and section 1304 of the Real Property Actions and Proceedings Law. 10. Prior to the commencement of this action, Plaintiff sent a demand for payment in accordance with the terms of the Note and Mortgage to Defendant(s). A copy of the demand is attached as Exhibit "D". 11. That prior to the commencement of this action, Plaintiff sent notice to MEGHAN BOZEK in accordance with the terms of RPAPL 1304, if applicable. Copies of said Notices are attached as Exhibit "E". Further, if necessary, said notice has been registered in accordance with RPAPL 1306. 12. The defendants identified more fully on Exhibit "F", attached hereto and incorporated herein, are alleged to have or otherwise claim to have some interest in or lien upon said mortgaged Property, which interest and/or lien has accrued subsequent to (or otherwise equitably or duly subordinated to) the lien of Plaintiff's Mortgage. 13. Defendants John Doe are occupants of the Property being foreclosed, or any persons or entities of any kind otherwise claiming a lien or other interest in or against the Property who are currently unknown to Plaintiff and whose interest and/or lien is subordinate to the lien held by Plaintiff. 14. ("Sale Request") In the event this action proceeds to judgment in foreclosure and sale of the Property, Plaintiff requests that the Property be sold subject to any statement of facts an inspection of the Property would disclose or an accurate survey of the Property would show; covenants, restrictions, easements and public utility agreements of record, if any; building and zoning ordinances and possible violations of same; any rights of tenants or persons in possession of the Property; any equity/right of redemption of the United States of America within 120 days of the sale; and, any prior mortgages and liens, if any. If the Mortgage secures more than one property, Plaintiff requests the judgment in foreclosure 6 of 76 FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 provide for the sale of the properties in a particular order to the extent necessary to satisfy the amounts due as determined by this Court. 15. The mortgaged premises being foreclosed (the Property) is more fully described in "G" Exhibit annexed hereto and made a part hereof. The tax map designation is known as or part of SBL No.: District: 0900 Section: 254.00 Block: 02.00 Lot: 006.000. 16. There are no other pending proceedings to enforce the referenced Note and Mortgage. To the extent there was any prior proceeding, it is the intention of the Plaintiff that any such action be discontinued and the instant action be the only pending action. 17. Pursuant to the terms of the Mortgage, upon default, Plaintiff is entitled to recover attorneys' fees and costs incurred as a result of Defendant's defmdt, Therefore, Plaintiff attorneys' demands payment of its fees and costs to be incurred in connection with this action. AS AND FOR A SECOND CAUSE OF ACTION 18. Plaintiff repeats and re-alleges each of the allegations set forth in Paragraphs 1 through 17 as though more fully set forth herein. 19. The legal description has been taken from the mortgage to be foreclosed recorded in Liber M00022666 Page 812 with the following typographical errors corrected: - "...town Southampton..." Southampton..." of should recite "...Town of - "...E.P. hayes..." Hayes..." should recite "...E.P. Description" "G" 20. The correct "Schedule A-Property is attached hereto as Exhibit and has been taken from the Mortgage being foreclosed which does not contain the aforementioned error. 21. No party will be prejudiced by the relief requested herein. WHEREFORE, Plaintiff, CitiMortgage, demands judgment: On the First Cause of Action 1. Fixing the amounts due the Plaintiff for all amounts due under the Note and Mortgage, including, but not limited to principal, interest, costs, late charges, expenses of sale, allowances and dis'uuiseinents, reasonable attorney's fees (to the extent allowed under the Note and/or Mortgage) and all other monies advanced and paid which are secured by the Mortgage; 7 of 76 FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 2. That the Defendants and all parties claiming by, through or under them and every other person or entity whose right, title, conveyance or esswo-brance is subsequent to or subsequently recorded, or whose lien is being challenged by being a Defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said Property; 3. That said Property, or such part thereof as may be necessary to raise the amounts due herein, be decreed to be sold according to law subject to the provisions of the Sale Request paragraph above; 4. That out of the monies arising from the sale of the Property, the Plaintiff may be paid the amounts due on said Note and Mortgage, plus all other amounts provided for and allowed under the judgment, together with any sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of the respective advance payments, to the extent allowed; 5. That either or any of the parties to this action may become a purchaser upon such sale; 6. That this Court, if requested, forthwith appoint a receiver of rents and profits of said Property with the usual powers and duties; 7. That the Defendañts referred to in paragraph 3 of this Complaint (and any original or subsequent obligors so named in this action) may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy proceeding, in which case no deficiency judgment will be sought. 8. In the event Plaintiff possesses any other liens against the Property, they shall NOT be merged with the same/instant matter. Plaintiff specifically reserves its right to share in any surplus monies arising from sale of the Property by virtue of its position as a judgment or other lien creditor, excluding the Mortgage being foreclosed herein. 9. That the Plaintiff be granted such other and further relief as may be just, equitable and proper. 8 of 76 FILED: SUFFOLK COUNTY CLERK 02/19/2019 03:26 PM INDEX NO. 603395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 On the Second Cause of Action 1. Reforming the mortgage, nunc pro tune, to correct the "Schedule A-Property Description" "G" to reflect the property description attached as Exhibit of the Coniplaiiit. 2. That Plaintiff be granted such other and further relief as may be just, equitable and proper. Dated: g¡ argaret J. Cascino, Esq. (4196911) Stacey A. Weisblatt, Esq. (2517886) Roland R. Georger, Esq. (4663175) Anthony P. Scali, Esq. (4556775) Todd R. Baltch, Esq. (4884862) Jacqueline F. McNally, Esq. (5309091) Paul S. Huntington, Esq. (5630645) Stern & Eisenberg, PC Attorneys for Plaintiff 485 B Route 1 South, Suite 330 Woodbridge Corporate Center Iselin, NJ 08830 and 4976 Transit Road #2 Depew, NY 14043 T: (516)