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(FILED: ROCKLAND COUNTY CLERK 1273072011) INDEX NO. 034554/2011
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 12/30/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
SUMMONS AND NOTICE
Deutsche Bank National Trust Company, as Indenture
Trustee for American Home Mortgage Investment Trust Index No.
2005-1,
Date Filed:
Plaintiff,
-against-
Jeffrey Freundlich a/k/a Jeffrey H. Freundlich; IMPAC
Funding Corp.; The Board of Managers of the Eagle Ridge
Homeowners Association, LTD.; United States of America;
DaimlerChrysler Financial Services Americas, LLC; Cach,
LLC; Unifund CCR Partners; Portfolio Recovery Associates,
LLC, "JOHN DOE", said name being fictitious, it being the
intention of Plaintiff to designate any and all occupants of
premises being foreclosed herein, and any parties,
corporations or entities, if any, having or claiming an interest
or lien upon the mortgaged premises,
Defendants.
PROPERTY ADDRESS: 14 Eagle Ridge Way, Unit #92, Nanuet, NY 10954
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or a notice of appearance on the attorneys for the Plaintiff within thirty
(30) days after the service of this summons, exclusive of the day of service. The United States of
America, if designated-as a defendant in this action, may appear within sixty (60) days of service
hereof. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of
the above captioned action is to foreclose a Mortgage to secure $276,000.00 and interest,
recorded in the Rockland County Clerk's Office on January 5, 2005, in Instrument
ID 2005-
00000616 covering premises known as 14 Eagle Ridge Way, Unit #92, Nanuet, NY 10954.
The relief sought in the within action is a final judgment directing the sale of the premises
described above to satisfy the debt secured by the Mortgage described above.
Plaintiff designates Rockland County as the place of trial. Venue is based upon the
County in which the morigaged premises is situated.
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 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.
Dated: December 23,.201 1
rank M, Cassara, Esq.
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
250 Mile Crossing Boulevard
Suite One
Rochester, NY 14624
(585) 247-9000
Our File No. 10-006320
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
MORTGAGE FORECLOSURE
Deutsche Bank National Trust Company, as Indenture COMPLAINT
Trustee for American Home Mortgage Investment Trust
2005-1, Index No.
Plaintiff, Date Filed:
-against-
Jeffrey Freundlich a/k/a Jeffrey H. Freundlich; JMPAC
Funding Corp.; The Board of Managers of the Eagle Ridge
Homeowners Association, LTD.; United States of America;
DaimlerChrysler Financial Services Americas, LLC; Cach,
LLC; Unifund CCR Partners; Portfolio Recovery Associates,
LLC, "JOHN DOE", said name being fictitious, it being the
intention of Plaintiff to designate any and all occupants of
premises being foreclosed herein, and any parties,
corporations or entities, if any, having or claiming an interest
or lien upon the mortgaged premises,
Defendants.
The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the
defendants above named, and for its cause of action, alleges that:
First: The Plaintiff herein, at all times hereinafter mentioned was and still is a
duly authorized Corporation or Association and having an office c/o 4875 Belfort Rd., Suite 130,
Jacksonville, Florida 32256.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants set forth in Schedule "A" reside or have a place of
business at the address set forth therein and are made defendants in this action in the capacities
therein alleged and for the purpose of foreclosing and extinguishing any other right, title or
interest said defendants may have in the subject premises.
Third: The United States of America, The People of the State of New York, The
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York and all other agencies or instrumentalities of the Federal, State or local government
(by whatever name designated) if made parties to this action and if appearing in Schedule "B",
e made parties solely by reason of the interest set forth in Schedule "B" and for no other
reason.
Fourth: Heretofore, the defendant(s), Jeffrey Freundlich, for the purpose of
securing to Mortgage Electronic Registration Systems, Inc., as nominee for American Home
Mortgage Acceptance, Inc., its successors and assigns, the sum of $276,000.00, duly made a
certain bond, note, consolidation, extension, modification, recasting, or assumption agreement,
as the case may be, wherein and whereby they bound themselves, their heirs, executors,
administrators and assigns, and each and every one of them, jointly and severally, in the amount
of said sum of money, all as more fully appears together with the terms of repayment of said sum.
or rights of Mortgage Electronic Registration Systems, Inc., as nominee for American Home
Mortgage Acceptance, Inc., its successors and assigns, in said bond, note or other instrument, a
copy of which is attached hereto and made a part hereof.
Fifth: As security for the payment of said indebtedness, a mortgage was
executed, acknowledged and delivered to Mortgage Electronic Registration Systems, Inc., as
nominee for American Home Mortgage Acceptance, Inc. recorded in the Rockland County
Clerk's Office on January 5, 2005, in Instrument ID 2005-00000616, wherein and whereby the
mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the
mortgagee, its successors and assigns, the premises more particularly described therein,
hereinafter called "mortgaged premises", under certain conditions with rights, duties and
privileges between or among them as more fully appears in said mortgage, acopy of which is
attached hereto and made a part hereof.
Sixth: The Plaintiff is the current owner and holder of the subject mortgage and
note, or has been delegated the authority to institute a mortgage foreclosure action by the owner
and holder of the subject mortgage and note. If Plaintiff is not the original owner and holder of
the subject note and mortgage then information regarding the chain of title will be contained in
Schedule D.
Seventh: The said mortgage was duly recorded and the mortgage tax due thereon
was duly paid on the recorded instrument in the proper County Clerk's Office at the place and
time which appears thereon.
Eighth: The defendants, Jeffrey Freundlich, so named, have failed and neglected
to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the
monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums,
escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect
to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH"
hereof.
Ninth: Heretofore and prior to the commencement of this action, part of the
original principal sum imay have been paid to apply on said indebtedness and there remains due
the amount set forth in Schedule C.
Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be
compelled during the pendency of this action, local taxes, assessments, water rates, insurance
premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff
requests that any sums thus paid by it for said purposes (together with interests thereon) should
be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged
a valid lien on the mortgage premises, the amount of which will ultimately be determined by the
Court.
Eleventh: The defendants herein have, or claim to have, some interest in or lien
upon, said mortgaged premises or some part thereof, which interest or lien, if any, has accrued
subsequent to the lien of plaintiff's mortgage or was subordinated to.
Tweifth: There are no pending proceedings at law or otherwise to collect or
enforce said bond/note and mortgage and that there is no other action pending which has been
brought to recover said mortgage debt or any part thereof.
Thirteenth: The Schedules, Exhibits and other items attached to this complaint
are expressly incorporated and made a part of this Complaint for all purposes with the same force
and effect as if they were completely and fully set forth herein wherever reference has been made
to each or any of them.
Fourteenth: By reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting
agreement, the unpaid principal balance set forth in Schedule C, and such other fees, costs, late
charges, and interest, the amount of which will be determined by the Court.
Fifteenth: 4 The mortgage provides that, in the case of foreclosure, the
mortgaged premises may be sold in one parcel.
Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released
or changed the election hereinbefore made by reason of the payment or performance, after the
date of the commencement of this action, of any or all of the defaults mentioned herein; and such
election shall continue and remain effective until the costs and disbursements of this action, and
all present and future defaults under the Note and Mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may
be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as
a result of this action will be used for that purpose.
Eighteenth: If the subject note and mortgage fall within the prescribed
definition of a subprime home loan or high-cost home loan as identified under section six-l or
six-m of the New York State Banking Law, then Plaintiff has complied with ail the provisions of
section five-hundred ninety-five of the New York State Banking Law and any rules and
regulations promulgated thereunder, section six-I or six-m of the New York State Banking Law
and section thirteen hundred four of New York State Real Property Actions and Proceedings
Law (RPAPL).
Nineteenth: Upon information and belief, Plaintiff has complied with the
provisions of RPAPL § 1306, if applicable.
WHEREFORE, plaintiff demands judgment:
(a) Adjudging and decreeing the amounts due the plaintiff for principal, interest,
costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
() That thedefendants and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
corporation whose right, title conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of
redemption in and to said mortgaged premises;
) That the said mortgaged premises, or such part thereof as may be nocessary to
raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold according
to law;
@ That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts then duc on said bond/note and mortgage and any sum which may have been paid by the
plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said
amounts from the dates of the respective payments and advances thereof, the costs and expenses
of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in
the mortgage, rider or other agreement, so far as the amount of such money properly applicable
thereto will pay the same;
) That either or any of the parties to this action may become a purchaser upon such
sale;
oO That this Court forthwith appoint a Receiver of the rents and profits of said
premises with the usual powers and duties;
(g) That the defendant(s), Jeffrey Freundlich, unless discharged in bankruptcy may be
adjudged to pay any deficiency that may remain after applying all of said monies so applicable
thereto; 5
(h) That the United States of America shall have the right of redemption, if
applicable;
@ That the plaintiff may have such other or further relief, or both, in the premises as
may be just and equitable.
Plaintiff specifically reserves its right to share in any surplus monies arising from the sale
of subject premises by virtue of its position as a judgment or other lien creditor excluding the
mortgage being foreclosed herein.
Dated: December 23, 2011
M. Cassara, Esq.
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
250 Mile Crossing Boulevard /
Suite One
Rochester, NY 14624
(585) 247-9000
Our File No. 10-006320
SCHEDULE A —~ DEFENDANTS
DEFENDANTS CAPACITY
Jeffrey Freundlich Owner of record and original obligor under the
a/k/a Jeffrey H. Freundlich Note secured by the Mortgage recorded in
14 Eagle Ridge Way Instrument ID 2005-00000616, being
Nanuet, NY 10954 foreclosed herein.
IMPAC Funding Corp. Subordinate mortgagee by virtue of a
1401 Dove Street Mortgage recorded on January 5, 2005 in
Newport Beach, CA 92660 Instrument ID 2005-00000618, as assigned in
Instrument ID 2005-00023952,
‘The Board of Managers of the Eagle Ridge Possible holder of claim or lien as a result of
Homeowners Association, LTD. unpaid common charges and possible holder of
c/o Charter Property Management a right of first refusal express or implied by
119 Rockland Center virtue of the Power of Attorney recorded on
Nanuet, NY 10954 January 5, 2005 in Instrument ID 2005-
00000621, pursuant to the terms of Declaration
of Covenants, Easements and Restrictions By-
Laws recorded in Liber 593 of Deeds, page
205.
Lien holder by virtue of a Rockland County
Court lien filed on February 1, 2006 for
$1,340.00 vs. Jeffrey Freundlich, 14 Eagle
Ridge Way, Nanuet, NY 10954.
Lien holder by virtue of a Rockland County
Court lien filed on October 5, 2006 for
$2,915.00 vs. Jeffrey Freundlich, 14 Eagle
Ridge Way, Nanuet, NY 10954.
Lien holder by virtue of a Rockland County
Court lien filed on March 24, 2010 for
$1,095.00 vs. Jeffrey Freundlich, 14 Eagle
Ridge Way, Nanuet, NY 10954.
Lien holder by virtue of a Rockland County
Court lien filed on August 31, 2010 for
$4,320.00 vs. Jeffrey Freundlich, 14 Eagle
Ridge Way, Nanuet, NY 10954.
Lien holder by virtue of a Rockland County
Court lien filed on November 16, 2011 for
$7,240.00 vs. Jeffrey Freundlich, 14 Eagle
Ridge Way, Unit #92, Nanuet, NY 10954.
DaimlerChrysler Financial Services Americas, Judgment creditor by virtue of a Rockland
LLC County Court judgment filed on April 19, 2007
P.O. Box 551080 for $3,323.56 vs. Jeffrey H. Freundlich, 14
Jacksonville, FL 32255 Eagle Ridge Way, Nanuet, NY 10954
Attomey: Deily, Mooney & Glastetter, LLP
Cach, LLC Judgment creditor by virtue of a Rockland
4340 S. Monaco County Court judgment filed on June 12, 2008
Second Floor for $20,415.64 vs. Jeffrey H. Freundlich, 14
Nanuet, NY 10954 Eagle Ridge Way, Nanuet, NY 10954
Attorney: Bronson & Migliaccio, LLP
Unifund CCR Partners Judgment creditor by virtue of a Rockland
10625 Techwoods Circle County Court judgment filed on February 6,
Cincinnati, OH 45242 2009 for $5,154.10 vs. Jeffrey H. Freundlich,
14 Eagle Ridge Way, Nanuet, NY 10954
Attorney: Mullooly, Jeffrey, Rooney & Flynn
LLP
Portfolio Recovery Associates, LLC Judgment creditor by virtue of a Rockland
140 Corporate Boulevard County Court judgment filed on February 13,
Norfolk, VA 23502 2009 for $8,221.72 vs. Jeffrey Freundlich, 14
Eagle Ridge Way, Nanuet, NY 10954
Attorney: Cohen & Slamowitz, LLP
“JOHN DOE” Said name being fictitious, it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
SCHEDULE B —- DEFENDANTS
DEFENDANTS CAPACITY
United States of America Lienor by virtue of a Federal Tax Lien filed in
the Rockland County Clerk's office by the IRS
Office, filed under U.S. # 307395706 on
August 14, 2006 for $32,233.77 vs. Jeffrey
Freundlich 14 Eagle Ridge Way Nanuet, NY
10954. The name, address and county of the
taxpayer is Jeffrey Freundlich 14 Eagle Ridge
Way Nanuet, NY 10954, Rockland County.
Lienor by virtue of a Federal Tax Lien filed in
the Rockland County Clerk's office by the IRS
Office, filed under U.S. # 458374408 on
August 1, 2008 for $11,205.85 vs. Jeffrey
Freundlich 14 Eagle Ridge Way Nanuet, NY
10954. The name, address and county of the
taxpayer is Jeffrey Freundlich 14 Eagle Ridge
Way Nanuet, NY 10954, Rockland County.
Lienor by virtue of a Federal Tax Lien filed in
the Rockland County Clerk's office by the IRS
Office, filed under U.S. # 679667010 on July
28, 2010 for $20,451.11 vs. Jeffrey Freundlich
14 Eagle Ridge Way Nanuet, NY 10954. The
name, address and county of the taxpayer is
Jeffrey Freundlich 14 Eagle Ridge Way
Nanuet, NY 10954, Rockland County.
Lienor by virtue of a Federal Tax Lien filed in
the Rockland County Clerk's office by the IRS
Office, filed under U.S. # 787571311 on June
1, 2011 for $17,895.62 vs. Jeffrey Freundlich
14 Eagle Ridge Way, Unit 92 Nanuet, NY
10954. The name, address and county of the
taxpayer is Jeffrey Freundlich 14 Eagle Ridge
Way, Unit 92 Nanuet, NY 10954 , Rockland
County.
SCHEDULE C
MORTGAGE INFORMATION
Original Amount of Bond/Note/
Consolidation or Modification Agreement $276,000.00
Last installment due and paid August 1, 2010
Date of first unpaid installment/
default date September 1, 2010
AMOUNT DUE
Principal balance owing $271,855.88
*Interest @ 3.375%
from August 1, 2010 To Be Calculated at Judgment
Late charges $1,214.33
(calculated as per terms of the Note)
Taxes Advanced by Plaintiff To Be Calculated at Judgment
Escrow Advances To Be Calculated at Judgment
* Interest will continue to accrue at the contract bond/note/loan agreement rate, until a
Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at
which time the interest rate will be calculated at the legal rate of 9.00%.
(10-006326)
SCHEDULE D
The instrument being foreclosed herein is a Mortgage dated December 30, 2004, executed by
Jeffrey Freundlich, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as
nominee for American Home Mortgage Acceptance, Inc., as Mortgagee, to secure the sum of
$276,000.00, and recorded in the Rockland County Clerk's Office on January 5, 2005, at
Instrument ID 2005-00000616. Said Mortgage was transferred from Mortgage Electronic
Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc. to
Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage
Investment Trust 2005-1, and said transfer was memorialized by instrument dated February 2,
2011.
In addition, the underlying Note was indorsed by the original lender or its agent, successor, or
assign, and was delivered to Plaintiff prior to the commencement of this action.
(10-006320)
hae mee “ .
(Page 2a of 79
ROCKLAND COUNTY, WEW YORK
ENVELOPE Edward Gorman
RECORDING CERTIFICATE
INSTRUMENT ID: 2005-90000613
Type of Instrument: DEED
SCHLOSS/STEVES
FREUNDLICH/ JEFFREY
Received From: HUDSON ABSTRACT SERVICES
254 SOUTH MAIN STREET
SUITE 308
NEW CITY NY 10956-
Recording Charge: 120,00 Recording Pages: 4
ox EXAMINED AND CHARGED AS FOLLOWS ; ae
** TRANSFER TAX
*# *4 MPG/DEED AMOUNT **
1,380.00 345,000.00
RSE: 3677 Mortgage#:
Received Tax on Above Mortgage
original ID#: Basic :
Special Addl 00
Town: Additional oo
RC Mortgage 00
Mortgage Tax Total 00
Total Recording Fees: 2,500.00
+4 THIS PAGE IS PART OF THE INSTRUMENT **
I HEREBY CERTIFY THAT THE WITHIN AND FOREGOING WAS RECORDED IN THE
CLERK'S OFFICE FOR ROCKLAND COUNTY, NEW YORK
INSTRUMENT 1Df: 2005-00000623
on (Recorded Date); 01/05/05
AT (Time): 08:52
Operator Init: EG i
CAA A
EDWARD GORMAN q
County Clerk
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(Page 2 of 73) oe be . o at
THY US » Marg au Ste eet with Covert agatn Crane's Ath bul pr Coatenuun {Slagle Sheen UY ITT BUA
CONSULT YOUR LAWYER HEROII TIS INSTRUMENT «DUIS INSTRUMENT SHOGLD ME USED BY LAW LY
TINS INDE, URE, made the otk thyof December «in the year 2004
BETWEEN
Steven Schloss and Debra Schloss, residing acs
M4 Eagle Ridge Woy, Untt 92, Nanuet, New York 10954
srsuty ofthe Gist pat, se
Joffrey Freundlich, residing at,
55 Roundtree Condos, Piermont, New York 10968
pany afd cone pal,
WEENES TH, that ihe porly wf the frst part in considcrainn of Ten Dollies aud after valuubile vansicfesation paid by the
aay of te secon part, does.tereby grant aut release onto We party uf the seeunid part thchieirsor successors ond aasigas oF
the party of the second) pat forever,
Allethat certain pla, pitee or pizee! of fsx, with the tulklings nid improvements thesenn erect ate, lyiug and being fi the
See Schedule "A" Attached Hereto
2: { Subject fo Iie provisions of the Declaration, By-Laws, rules and regulations and Noor plans of tte ARE ASE
‘Condominium 2s the same may be aimeaded from time to ling, all as recorded in the Rockland Coily Clerk's
‘Olive, which provistans, together wah nny and aff amendments (era(o, shall constitute cavonanis running
ori: Khe lane! and shall bind any person having al any time any interes! of esta li the unit as tough stich
28> provisions ware recited and stipulated ol length herein,
SS
By {he acceplgitce and recording of the decd, the party of the second yi att consents fo the Dy-Laws and sles
and wegutalions ofthe GAGCE 10 se ‘Condominium the same may be
$ mended from time to timo, and agrees lo be bound by saine.
‘The use fot which the unit isintended Is that of a cne-tatnily residence axcapi that a unit may be used for
praiessionat aumoses permitted by the applicable governmental regulations (axcept if condoméniuin by-taws
dp not pers this),
Boing tho some pramisaz conveyat! to patly of tha first part by deed fram Steven C. Denny and Debra Schloss
& Steven Schloes dated 6/29/2002 anu racotied on 9/3/2002
135 Instrument Muinber 2002-52685 .
“POGHET HER with allright Lille anid bnterest, iTsny. oT te oaty of the fist put of, io nad tony strcets and racds abuUiiyg the
ove-lescribed premises tthe cemter Fines thercer HICTUIER with the appurtennuices anual) the estate and rights oF the,
pany ofthe fit port in aval to suid prem ‘OTAVE AND TO TIQLD the premises herein granted nia the panty of the
second pm, the he ox seasons al sigan yy ofthese pa forever,
AND the panty of the fist pan envenants that the purty oF the fiest pi jas sot dane or snfferetf anything whereby she sald
promises liave hecn incumbercd In any way whatever, except ats afuccsi
AND the party of the fast pony, bs eompt 2 with See w (3of ake Lien Law, covenants that the pasty oF the first part will
receive the cunsileration far this comveyenec tnd wit Hal she riglu wo receive such consideration as x trust fund wo b¢ applied,
finst fur the purse af praying the gost of the inmpravennent andl will apply the 83 first so the payment of the east of tie
uproveinent ufre using any pact oF the Catal af the sine far aay auber paryese,
Phe word “puniy” stall be ensistanodd 1 read “juctiea” whenever the Reuse af this insleniute sn requires,
AN WITNESS WHIERWOW, the party af the first part bas duly excewied, jis deed the slay anid year firs shove weitten,
IN iitesEnce er
St@ven Sehioss
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(Page 3 of 73)
USE ACANCANTSDUAIENT
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WET TIN NEW YORK STATE CONEY: USRACKINOIRLEDGATENT
Fouad UETLW WITHA NENW YORK STATE OAL:
Statoof New York, Ceunlyol Rockland Iss StatwotNew York, Countyof Bcecetys ists
nin the 3day of ni jn the your 2004 On the 30 day of Bee ender inthe year Zao 4
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CLIFFORD PAI HGR SUFFORO PAFTICR
Notary Public, State of New York. ofary Public, State of New York
No. 4748708 No. 8
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Schedule A Description
Underwriter No. FIDIRO Page
‘Title Number CRC-11316 Policy Number: 1412-924463 1
ALL that certain plat, piece or parcel of land, situate lying and being a part ofa
Condominium in the Town of Clarkstown, County of Rockland, State of New
York, known and designated as Unit No. 92, in Buliding No. 11, located at 14
Eagle Ridge Way, Nanuet New York, 10954 together with 1/81 per cent
undivided interest in the common elements of the Condominium hereinafter
described as the same is defined in the Declaration of Condominium.
THE Real Property above described is a Unit shown on the plans ofa
condominium prepared and certified by James Tanner registered Architect and
filed in the Office of the Building Department of the Town of Christian and filed in
the Rockland County Clerk's Office on the 2nd day of March, 1993 as File No
1335/93 as defined in the Declaration of Condominium entitled "Declaration of
EAGLE RIDGE PHASE A", under Article 9-B of the New York Real Property Law
dated the 231d day of February 1993 and recorded in the Office of the Clerk of
Rockland County, on March 2, 1993, in Liber 693 of Land Records at page 205,
covering the property therein described and the Declaration of Covenants,
Restrictions Easements Charges and Liens.
Book , Page , File Number 2005-00000633
InteresiOnly™ ADJUSTABLE RATE NOTE
(One-Year LIBOR Index (As Published in The Wall Street Journal) - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE
TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES iN MY MONTHLY PAYMENT. THIS
NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE | MUST PAY.
December 30, 2004 NEW CITY New York
[Daw] tCiy) {Statel
14 EAGLE RIDGE WAY, UNITH92, Nanuet, NY 10954
[Property Address}
i BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay US. $ 276,000.00 (this amount is called *Principal"),
plus interest, to the order
of Lender, The Lender is Amexican Home Mortgage Acceptance, Inc.
1 will make all payments under this Note in the form of cash, check or money order,
Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder.”
2 INTEREST
Inerest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at
yearly rateof 5.250 ‘%. The interest rate 1 will pay may change in accordance with Section 4 of this Note,
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will H
pay both before and after any
default described in Section 7(B) of this Note,
3 PAYMENTS
{A} Tine and Place of Payments
I will make a payment on the first day of every month, beginning on February 1, 2005
. Before the First
Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the interest
due on the unpaid principal batance of this Note, Thereafter, I will pay principal and imterest by making a payment every
‘month as provided below.
E will make my monthly payrvents of principal and interest beginning on the Fi
Date as described in Section 4 of this Note. I will make these payments every month vntilt Principal
I have
and Interest Payment Due
paid all of the principal and
interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its
scheduled due date, and if the payment includes both principal and interest, it will be applied 0 intezest before Principat, If,
on danuary 1, 2035 + I still owe amounts under this Note, I will pay those amounts in full on that date,
which is calied the "Maturity Date."
I will make my monihly payments at Att: Payment Processing, Mail Stop Di-11, P.O. Box 3050,
Columbia, MD 21045-6050
or al a different place if required by :he Note Holder.
{B) Amount of My Tut 1 Monthly Payments
My monthly payment wilt be in the amount of U.S, § 1,207.50 before the First Principal and interest
Payment Due Date, and thereafter will be in an amount sufficient to repay the principal and interest at
the rate detenmined as,
described in Section 4 of this Note in substantial! ly equal installments by the Maturity Date. The Note Holder will notify me
prior to the date of change in monthly payment.
(C) Monthly Payment Changes
Changes in my monthly payment will feflect changes in the unpaid principal of my loan and in the interest rate that [
must pay. The Note Holder will determine my new interest rate and the change xe amount of my monthly payment in
accordance wii Section 4 or 5 of this Note.
4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
{A) Change Dates
‘The initial fixed interest rate f will pay will change to an adjustable interest rate on the fitst day of January, 2016
and the adjustable interest rate I wil pay may change on that day every 12th
‘The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on whichmonth thereafier.
my adjustable
interest rate could change, is called a “Change Date,"
Preview
(FILED: ROCKLAND COUNTY CLERK 1273072011) INDEX NO. 034554/2011 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 12/30/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND SUMMONS AND NOTICE Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust Index No. 2005-1, Date Filed: Plaintiff, -against- Jeffrey Freundlich a/k/a Jeffrey H. Freundlich; IMPAC Funding Corp.; The Board of Managers of the Eagle Ridge Homeowners Association, LTD.; United States of America; DaimlerChrysler Financial Services Americas, LLC; Cach, LLC; Unifund CCR Partners; Portfolio Recovery Associates, LLC, "JOHN DOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. PROPERTY ADDRESS: 14 Eagle Ridge Way, Unit #92, Nanuet, NY 10954 TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or a notice of appearance on the attorneys for the Plaintiff within thirty (30) days after the service of this summons, exclusive of the day of service. The United States of America, if designated-as a defendant in this action, may appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is to foreclose a Mortgage to secure $276,000.00 and interest, recorded in the Rockland County Clerk's Office on January 5, 2005, in Instrument ID 2005- 00000616 covering premises known as 14 Eagle Ridge Way, Unit #92, Nanuet, NY 10954. The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt secured by the Mortgage described above. Plaintiff designates Rockland County as the place of trial. Venue is based upon the County in which the morigaged premises is situated. 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 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. Dated: December 23,.201 1 rank M, Cassara, Esq. SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 250 Mile Crossing Boulevard Suite One Rochester, NY 14624 (585) 247-9000 Our File No. 10-006320 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND MORTGAGE FORECLOSURE Deutsche Bank National Trust Company, as Indenture COMPLAINT Trustee for American Home Mortgage Investment Trust 2005-1, Index No. Plaintiff, Date Filed: -against- Jeffrey Freundlich a/k/a Jeffrey H. Freundlich; JMPAC Funding Corp.; The Board of Managers of the Eagle Ridge Homeowners Association, LTD.; United States of America; DaimlerChrysler Financial Services Americas, LLC; Cach, LLC; Unifund CCR Partners; Portfolio Recovery Associates, LLC, "JOHN DOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office c/o 4875 Belfort Rd., Suite 130, Jacksonville, Florida 32256. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants set forth in Schedule "A" reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. Third: The United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York and all other agencies or instrumentalities of the Federal, State or local government (by whatever name designated) if made parties to this action and if appearing in Schedule "B", e made parties solely by reason of the interest set forth in Schedule "B" and for no other reason. Fourth: Heretofore, the defendant(s), Jeffrey Freundlich, for the purpose of securing to Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc., its successors and assigns, the sum of $276,000.00, duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum. or rights of Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc., its successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: As security for the payment of said indebtedness, a mortgage was executed, acknowledged and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc. recorded in the Rockland County Clerk's Office on January 5, 2005, in Instrument ID 2005-00000616, wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, hereinafter called "mortgaged premises", under certain conditions with rights, duties and privileges between or among them as more fully appears in said mortgage, acopy of which is attached hereto and made a part hereof. Sixth: The Plaintiff is the current owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. If Plaintiff is not the original owner and holder of the subject note and mortgage then information regarding the chain of title will be contained in Schedule D. Seventh: The said mortgage was duly recorded and the mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the place and time which appears thereon. Eighth: The defendants, Jeffrey Freundlich, so named, have failed and neglected to comply with the conditions of said mortgage, bond or note by omitting and failing to pay the monthly payments of principal, interest, taxes, assessments, water rates, insurance premiums, escrow and/or other charges, and accordingly, the plaintiff has duly elected and does hereby elect to call due the entire amount presently secured by the mortgage described in paragraph "FIFTH" hereof. Ninth: Heretofore and prior to the commencement of this action, part of the original principal sum imay have been paid to apply on said indebtedness and there remains due the amount set forth in Schedule C. Tenth: In order to protect its security, the plaintiff has paid, or will pay, as may be compelled during the pendency of this action, local taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes (together with interests thereon) should be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged a valid lien on the mortgage premises, the amount of which will ultimately be determined by the Court. Eleventh: The defendants herein have, or claim to have, some interest in or lien upon, said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage or was subordinated to. Tweifth: There are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage and that there is no other action pending which has been brought to recover said mortgage debt or any part thereof. Thirteenth: The Schedules, Exhibits and other items attached to this complaint are expressly incorporated and made a part of this Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. Fourteenth: By reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, assumption agreement, consolidation agreement, or recasting agreement, the unpaid principal balance set forth in Schedule C, and such other fees, costs, late charges, and interest, the amount of which will be determined by the Court. Fifteenth: 4 The mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. Sixteenth: The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid and cured. Seventeenth: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a result of this action will be used for that purpose. Eighteenth: If the subject note and mortgage fall within the prescribed definition of a subprime home loan or high-cost home loan as identified under section six-l or six-m of the New York State Banking Law, then Plaintiff has complied with ail the provisions of section five-hundred ninety-five of the New York State Banking Law and any rules and regulations promulgated thereunder, section six-I or six-m of the New York State Banking Law and section thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL). Nineteenth: Upon information and belief, Plaintiff has complied with the provisions of RPAPL § 1306, if applicable. WHEREFORE, plaintiff demands judgment: (a) Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs, and reasonable attorney's fees, if and as provided for in the said mortgage; () That thedefendants and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of redemption in and to said mortgaged premises; ) That the said mortgaged premises, or such part thereof as may be nocessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; @ That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts then duc on said bond/note and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in the mortgage, rider or other agreement, so far as the amount of such money properly applicable thereto will pay the same; ) That either or any of the parties to this action may become a purchaser upon such sale; oO That this Court forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; (g) That the defendant(s), Jeffrey Freundlich, unless discharged in bankruptcy may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto; 5 (h) That the United States of America shall have the right of redemption, if applicable; @ That the plaintiff may have such other or further relief, or both, in the premises as may be just and equitable. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the mortgage being foreclosed herein. Dated: December 23, 2011 M. Cassara, Esq. SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 250 Mile Crossing Boulevard / Suite One Rochester, NY 14624 (585) 247-9000 Our File No. 10-006320 SCHEDULE A —~ DEFENDANTS DEFENDANTS CAPACITY Jeffrey Freundlich Owner of record and original obligor under the a/k/a Jeffrey H. Freundlich Note secured by the Mortgage recorded in 14 Eagle Ridge Way Instrument ID 2005-00000616, being Nanuet, NY 10954 foreclosed herein. IMPAC Funding Corp. Subordinate mortgagee by virtue of a 1401 Dove Street Mortgage recorded on January 5, 2005 in Newport Beach, CA 92660 Instrument ID 2005-00000618, as assigned in Instrument ID 2005-00023952, ‘The Board of Managers of the Eagle Ridge Possible holder of claim or lien as a result of Homeowners Association, LTD. unpaid common charges and possible holder of c/o Charter Property Management a right of first refusal express or implied by 119 Rockland Center virtue of the Power of Attorney recorded on Nanuet, NY 10954 January 5, 2005 in Instrument ID 2005- 00000621, pursuant to the terms of Declaration of Covenants, Easements and Restrictions By- Laws recorded in Liber 593 of Deeds, page 205. Lien holder by virtue of a Rockland County Court lien filed on February 1, 2006 for $1,340.00 vs. Jeffrey Freundlich, 14 Eagle Ridge Way, Nanuet, NY 10954. Lien holder by virtue of a Rockland County Court lien filed on October 5, 2006 for $2,915.00 vs. Jeffrey Freundlich, 14 Eagle Ridge Way, Nanuet, NY 10954. Lien holder by virtue of a Rockland County Court lien filed on March 24, 2010 for $1,095.00 vs. Jeffrey Freundlich, 14 Eagle Ridge Way, Nanuet, NY 10954. Lien holder by virtue of a Rockland County Court lien filed on August 31, 2010 for $4,320.00 vs. Jeffrey Freundlich, 14 Eagle Ridge Way, Nanuet, NY 10954. Lien holder by virtue of a Rockland County Court lien filed on November 16, 2011 for $7,240.00 vs. Jeffrey Freundlich, 14 Eagle Ridge Way, Unit #92, Nanuet, NY 10954. DaimlerChrysler Financial Services Americas, Judgment creditor by virtue of a Rockland LLC County Court judgment filed on April 19, 2007 P.O. Box 551080 for $3,323.56 vs. Jeffrey H. Freundlich, 14 Jacksonville, FL 32255 Eagle Ridge Way, Nanuet, NY 10954 Attomey: Deily, Mooney & Glastetter, LLP Cach, LLC Judgment creditor by virtue of a Rockland 4340 S. Monaco County Court judgment filed on June 12, 2008 Second Floor for $20,415.64 vs. Jeffrey H. Freundlich, 14 Nanuet, NY 10954 Eagle Ridge Way, Nanuet, NY 10954 Attorney: Bronson & Migliaccio, LLP Unifund CCR Partners Judgment creditor by virtue of a Rockland 10625 Techwoods Circle County Court judgment filed on February 6, Cincinnati, OH 45242 2009 for $5,154.10 vs. Jeffrey H. Freundlich, 14 Eagle Ridge Way, Nanuet, NY 10954 Attorney: Mullooly, Jeffrey, Rooney & Flynn LLP Portfolio Recovery Associates, LLC Judgment creditor by virtue of a Rockland 140 Corporate Boulevard County Court judgment filed on February 13, Norfolk, VA 23502 2009 for $8,221.72 vs. Jeffrey Freundlich, 14 Eagle Ridge Way, Nanuet, NY 10954 Attorney: Cohen & Slamowitz, LLP “JOHN DOE” Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. SCHEDULE B —- DEFENDANTS DEFENDANTS CAPACITY United States of America Lienor by virtue of a Federal Tax Lien filed in the Rockland County Clerk's office by the IRS Office, filed under U.S. # 307395706 on August 14, 2006 for $32,233.77 vs. Jeffrey Freundlich 14 Eagle Ridge Way Nanuet, NY 10954. The name, address and county of the taxpayer is Jeffrey Freundlich 14 Eagle Ridge Way Nanuet, NY 10954, Rockland County. Lienor by virtue of a Federal Tax Lien filed in the Rockland County Clerk's office by the IRS Office, filed under U.S. # 458374408 on August 1, 2008 for $11,205.85 vs. Jeffrey Freundlich 14 Eagle Ridge Way Nanuet, NY 10954. The name, address and county of the taxpayer is Jeffrey Freundlich 14 Eagle Ridge Way Nanuet, NY 10954, Rockland County. Lienor by virtue of a Federal Tax Lien filed in the Rockland County Clerk's office by the IRS Office, filed under U.S. # 679667010 on July 28, 2010 for $20,451.11 vs. Jeffrey Freundlich 14 Eagle Ridge Way Nanuet, NY 10954. The name, address and county of the taxpayer is Jeffrey Freundlich 14 Eagle Ridge Way Nanuet, NY 10954, Rockland County. Lienor by virtue of a Federal Tax Lien filed in the Rockland County Clerk's office by the IRS Office, filed under U.S. # 787571311 on June 1, 2011 for $17,895.62 vs. Jeffrey Freundlich 14 Eagle Ridge Way, Unit 92 Nanuet, NY 10954. The name, address and county of the taxpayer is Jeffrey Freundlich 14 Eagle Ridge Way, Unit 92 Nanuet, NY 10954 , Rockland County. SCHEDULE C MORTGAGE INFORMATION Original Amount of Bond/Note/ Consolidation or Modification Agreement $276,000.00 Last installment due and paid August 1, 2010 Date of first unpaid installment/ default date September 1, 2010 AMOUNT DUE Principal balance owing $271,855.88 *Interest @ 3.375% from August 1, 2010 To Be Calculated at Judgment Late charges $1,214.33 (calculated as per terms of the Note) Taxes Advanced by Plaintiff To Be Calculated at Judgment Escrow Advances To Be Calculated at Judgment * Interest will continue to accrue at the contract bond/note/loan agreement rate, until a Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate of 9.00%. (10-006326) SCHEDULE D The instrument being foreclosed herein is a Mortgage dated December 30, 2004, executed by Jeffrey Freundlich, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc., as Mortgagee, to secure the sum of $276,000.00, and recorded in the Rockland County Clerk's Office on January 5, 2005, at Instrument ID 2005-00000616. Said Mortgage was transferred from Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc. to Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-1, and said transfer was memorialized by instrument dated February 2, 2011. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. (10-006320) hae mee “ . (Page 2a of 79 ROCKLAND COUNTY, WEW YORK ENVELOPE Edward Gorman RECORDING CERTIFICATE INSTRUMENT ID: 2005-90000613 Type of Instrument: DEED SCHLOSS/STEVES FREUNDLICH/ JEFFREY Received From: HUDSON ABSTRACT SERVICES 254 SOUTH MAIN STREET SUITE 308 NEW CITY NY 10956- Recording Charge: 120,00 Recording Pages: 4 ox EXAMINED AND CHARGED AS FOLLOWS ; ae ** TRANSFER TAX *# *4 MPG/DEED AMOUNT ** 1,380.00 345,000.00 RSE: 3677 Mortgage#: Received Tax on Above Mortgage original ID#: Basic : Special Addl 00 Town: Additional oo RC Mortgage 00 Mortgage Tax Total 00 Total Recording Fees: 2,500.00 +4 THIS PAGE IS PART OF THE INSTRUMENT ** I HEREBY CERTIFY THAT THE WITHIN AND FOREGOING WAS RECORDED IN THE CLERK'S OFFICE FOR ROCKLAND COUNTY, NEW YORK INSTRUMENT 1Df: 2005-00000623 on (Recorded Date); 01/05/05 AT (Time): 08:52 Operator Init: EG i CAA A EDWARD GORMAN q County Clerk IMRT EA S( B a5 es IIA Book , Page , Vile Number 2095-ov000613 (Page 2 of 73) oe be . o at THY US » Marg au Ste eet with Covert agatn Crane's Ath bul pr Coatenuun {Slagle Sheen UY ITT BUA CONSULT YOUR LAWYER HEROII TIS INSTRUMENT «DUIS INSTRUMENT SHOGLD ME USED BY LAW LY TINS INDE, URE, made the otk thyof December «in the year 2004 BETWEEN Steven Schloss and Debra Schloss, residing acs M4 Eagle Ridge Woy, Untt 92, Nanuet, New York 10954 srsuty ofthe Gist pat, se Joffrey Freundlich, residing at, 55 Roundtree Condos, Piermont, New York 10968 pany afd cone pal, WEENES TH, that ihe porly wf the frst part in considcrainn of Ten Dollies aud after valuubile vansicfesation paid by the aay of te secon part, does.tereby grant aut release onto We party uf the seeunid part thchieirsor successors ond aasigas oF the party of the second) pat forever, Allethat certain pla, pitee or pizee! of fsx, with the tulklings nid improvements thesenn erect ate, lyiug and being fi the See Schedule "A" Attached Hereto 2: { Subject fo Iie provisions of the Declaration, By-Laws, rules and regulations and Noor plans of tte ARE ASE ‘Condominium 2s the same may be aimeaded from time to ling, all as recorded in the Rockland Coily Clerk's ‘Olive, which provistans, together wah nny and aff amendments (era(o, shall constitute cavonanis running ori: Khe lane! and shall bind any person having al any time any interes! of esta li the unit as tough stich 28> provisions ware recited and stipulated ol length herein, SS By {he acceplgitce and recording of the decd, the party of the second yi att consents fo the Dy-Laws and sles and wegutalions ofthe GAGCE 10 se ‘Condominium the same may be $ mended from time to timo, and agrees lo be bound by saine. ‘The use fot which the unit isintended Is that of a cne-tatnily residence axcapi that a unit may be used for praiessionat aumoses permitted by the applicable governmental regulations (axcept if condoméniuin by-taws dp not pers this), Boing tho some pramisaz conveyat! to patly of tha first part by deed fram Steven C. Denny and Debra Schloss & Steven Schloes dated 6/29/2002 anu racotied on 9/3/2002 135 Instrument Muinber 2002-52685 . “POGHET HER with allright Lille anid bnterest, iTsny. oT te oaty of the fist put of, io nad tony strcets and racds abuUiiyg the ove-lescribed premises tthe cemter Fines thercer HICTUIER with the appurtennuices anual) the estate and rights oF the, pany ofthe fit port in aval to suid prem ‘OTAVE AND TO TIQLD the premises herein granted nia the panty of the second pm, the he ox seasons al sigan yy ofthese pa forever, AND the panty of the fist pan envenants that the purty oF the fiest pi jas sot dane or snfferetf anything whereby she sald promises liave hecn incumbercd In any way whatever, except ats afuccsi AND the party of the fast pony, bs eompt 2 with See w (3of ake Lien Law, covenants that the pasty oF the first part will receive the cunsileration far this comveyenec tnd wit Hal she riglu wo receive such consideration as x trust fund wo b¢ applied, finst fur the purse af praying the gost of the inmpravennent andl will apply the 83 first so the payment of the east of tie uproveinent ufre using any pact oF the Catal af the sine far aay auber paryese, Phe word “puniy” stall be ensistanodd 1 read “juctiea” whenever the Reuse af this insleniute sn requires, AN WITNESS WHIERWOW, the party af the first part bas duly excewied, jis deed the slay anid year firs shove weitten, IN iitesEnce er St@ven Sehioss Cf Bel a Fy age ~f wwe MBCA EI tt B4S000,. 3+ C- Book , Page File Number 200500000613 (Page 3 of 73) USE ACANCANTSDUAIENT FORM AELES WET TIN NEW YORK STATE CONEY: USRACKINOIRLEDGATENT Fouad UETLW WITHA NENW YORK STATE OAL: Statoof New York, Ceunlyol Rockland Iss StatwotNew York, Countyof Bcecetys ists nin the 3day of ni jn the your 2004 On the 30 day of Bee ender inthe year Zao 4 beh ie, te vente sg Hf, perkeauly sypvurest doeliwe me, the widlersigned, perscinally appeared steven Sehlo: ra SchLas: . eI : pe rally Krowel 1 iv Gr prever xo Rie, af the basis of saistacrary persnly Roun V0 arg oF proved ta amis On the basis uf satisliviory even to be the inlividuslts) wlunve nae (8) is (are) subscribed 10 the eviclonce tu bie the jnalividual(s) swlione aaine(s) is (are) subserihed to the seuhen asaumen atelacknawledged tse that lidshefley execvied ‘within instroment nnd aclnawledped In ane that helsheftbey executed the same int Invhedtheie eapactyion, aml tit by Kedherfhei¢ the sae hig eapactiytien hat by likened Sb cnt the tnsicumtent the uli KS), oF ane pessou Hp Sigemture(s) on the insinunent, the individuals), oF the peeson gem, ial nf which the po ected Wie iesimamnent, half of which the pz (5) acted, executed Hue instrument, fat CLIFFORD PAI HGR SUFFORO PAFTICR Notary Public, State of New York. ofary Public, State of New York No. 4748708 No. 8 : Semmis‘Quatiied in Rockland County sion Expires 7_ 3p. Zoos” Qualified ip Puckiand County o arent 37-3 Ac aco, pcatseer Feat von Use Winiue Mew Yon Staves Oats: Auxwunrgrncaneiw Mowat ey Use Qursinn New YORK STATE ONE: AN Pak Sobevibng Wits Aeknawtrdguteas Cesljcatey wr Frga Cienerad Acdurooteriowent Ceetfited Stute a New York,Ce rity of Iss J . veer S55 Same Wes wi or, ‘aor, Pruslocewe Mucicielya Ua tine lay of tears ne, Hie aneleesified, personally appeared the yews onthe day ot fu dhe year Tofote me, te undersigned, personally syypeared the suusced ny witness te fie Hevegniny mastnenens, will shea Ett pecsunath ‘qeainied, who, b ng, by me duly sworn, dl dep st pets 1 knows fo ate or prover! to hie on the basis of sisfaciony ay that DetsbeAlicy resiske(s} it ‘ctu be dhe fneiviehral(ep whose nnune(s) fs {are subseriber tothe within instrument ad ackuowledged to ine that eishufthey execinest (fete pace afvexitouve isin aca ovine the street nd sre anaher, the same fa hisherAbiels cupacityCies), that by hissed their sipnatuze(s) Huon, thereag} Anst heishchinry kino} ‘in the insirument, the inividuai{s),er the persan vinon belialluf whitch We indivielnal(s) acted executed the insiraunend, and Wat Such isfivielual ta be the wividnal leccribed ia and whi exceuied the foregoing anunle such aypearance hese de undersigned in the suri st Sa ip, watwess wa ywesery and 1 st saree the same, aul tha sued whiness at Hse same dime subscribed Unserr the city an other pried sulativistany auf the sutte or countyae pivhierAlteie name(s} as a witness therein, anther phice the aekoantecignedn was daher. DARGALY & SALE DERD SUIT WMI SEES ARARHSE GRATES han Na. EE 3¢. Distiucr SreWON 57.12 Bioce Lor 2 ‘ya. oe Courry on Town TO RED AT REQUEST QF Pitetity Nostunal Title Insurance Company of New Yorke METURH U'HAR TO = == rry NATIONAL T 14 INSURANCH. KAGAN 9 bce Company 1 Niny YORK 1028 369 Poured marr 77RET NewWary, ay 705% poet oe Fidelity vt J Bends te tah eget —— & 8 f Qfé iit & uya & a & weenie pee ete nce ters ——— lan Book , Page , ¥ile Munber 2005-90000623 Ine mt (Page 4 of 73) Schedule A Description Underwriter No. FIDIRO Page ‘Title Number CRC-11316 Policy Number: 1412-924463 1 ALL that certain plat, piece or parcel of land, situate lying and being a part ofa Condominium in the Town of Clarkstown, County of Rockland, State of New York, known and designated as Unit No. 92, in Buliding No. 11, located at 14 Eagle Ridge Way, Nanuet New York, 10954 together with 1/81 per cent undivided interest in the common elements of the Condominium hereinafter described as the same is defined in the Declaration of Condominium. THE Real Property above described is a Unit shown on the plans ofa condominium prepared and certified by James Tanner registered Architect and filed in the Office of the Building Department of the Town of Christian and filed in the Rockland County Clerk's Office on the 2nd day of March, 1993 as File No 1335/93 as defined in the Declaration of Condominium entitled "Declaration of EAGLE RIDGE PHASE A", under Article 9-B of the New York Real Property Law dated the 231d day of February 1993 and recorded in the Office of the Clerk of Rockland County, on March 2, 1993, in Liber 693 of Land Records at page 205, covering the property therein described and the Declaration of Covenants, Restrictions Easements Charges and Liens. Book , Page , File Number 2005-00000633 InteresiOnly™ ADJUSTABLE RATE NOTE (One-Year LIBOR Index (As Published in The Wall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES iN MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY. December 30, 2004 NEW CITY New York [Daw] tCiy) {Statel 14 EAGLE RIDGE WAY, UNITH92, Nanuet, NY 10954 [Property Address} i BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay US. $ 276,000.00 (this amount is called *Principal"), plus interest, to the order of Lender, The Lender is Amexican Home Mortgage Acceptance, Inc. 1 will make all payments under this Note in the form of cash, check or money order, Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.” 2 INTEREST Inerest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at yearly rateof 5.250 ‘%. The interest rate 1 will pay may change in accordance with Section 4 of this Note, The interest rate required by this Section 2 and Section 4 of this Note is the rate I will H pay both before and after any default described in Section 7(B) of this Note, 3 PAYMENTS {A} Tine and Place of Payments I will make a payment on the first day of every month, beginning on February 1, 2005 . Before the First Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the interest due on the unpaid principal batance of this Note, Thereafter, I will pay principal and imterest by making a payment every ‘month as provided below. E will make my monthly payrvents of principal and interest beginning on the Fi Date as described in Section 4 of this Note. I will make these payments every month vntilt Principal I have and Interest Payment Due paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest, it will be applied 0 intezest before Principat, If, on danuary 1, 2035 + I still owe amounts under this Note, I will pay those amounts in full on that date, which is calied the "Maturity Date." I will make my monihly payments at Att: Payment Processing, Mail Stop Di-11, P.O. Box 3050, Columbia, MD 21045-6050 or al a different place if required by :he Note Holder. {B) Amount of My Tut 1 Monthly Payments My monthly payment wilt be in the amount of U.S, § 1,207.50 before the First Principal and interest Payment Due Date, and thereafter will be in an amount sufficient to repay the principal and interest at the rate detenmined as, described in Section 4 of this Note in substantial! ly equal installments by the Maturity Date. The Note Holder will notify me prior to the date of change in monthly payment. (C) Monthly Payment Changes Changes in my monthly payment will feflect changes in the unpaid principal of my loan and in the interest rate that [ must pay. The Note Holder will determine my new interest rate and the change xe amount of my monthly payment in accordance wii Section 4 or 5 of this Note. 4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES {A) Change Dates ‘The initial fixed interest rate f will pay will change to an adjustable interest rate on the fitst day of January, 2016 and the adjustable interest rate I wil pay may change on that day every 12th ‘The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on whichmonth thereafier. my adjustable interest rate could change, is called a “Change Date,"