Preview
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
U.S. Bank National Association, not in its individual capacity Index #:
but solely as trustee for the RMAC Trust, Series 2016-CTT Filed:
Plaintiff,
SUMMONS
-against-
Teresa Kelly, JPMorgan Chase Bank, N.A., New York State Plaintiff designates Nassau
Department of Taxation and Finance and "JOHN DOE #1" County as the place of trial.
through "JOHN DOE #10", the last ten names being fictitious Venue is based upon the
and unknown to the plaintiff, the person or parties intended County in which the
being the persons or parties, if any, having or claiming an mortgaged premises is
interest in or lien upon the mortgaged premises described in the situated.
Complaint,
Defendants.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons,
exclusive of the day of service; or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York; or within sixty (60) days if it is the
United States of America. In case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the Complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the attorney for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default judgment may be entered and you can lose your
home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
1 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
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: Bay Shore, New York FRENKEL, LAMBERT, WEISS,
November 16, 2018 WEISMAN & GORDON, LLP
Y: Todd Falasco
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-087271-F00
TO:
Teresa Kelly
48 13th Street
Locust Valley, NY 11560
JPMorgan Chase Bank, N.A.
1 Chase Ma-'"=a Plaza
New York, NY 10081
and/or
Chase Home Finance LLC
P.O. Box 11606
Lexington, KY 40576-1606
New York State Department of Taxation and Finance
Albany, NY
2 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
U.S. Bank National Association, not in its individual capacity
but solely as trustee for the RMAC Trust, Series 2016-CTT
COMPLAINT
Plaintiff,
-against-
Teresa Kelly, JPMorgan Chase Bank, N.A., New York State
Department of Taxation and Finance and "JOHN DOE #1"
through "JOHN DOE #10", the last ten names being fictitious
and unknown to the plaintiff, the person or parties intended
being the persons or parties, if any, having or claiming an
interest in or lien upon the mortgaged premises described in the
Complaint,
Defendants.
The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,
complaining of the defendants herein allege, upon information and belief, as follows:
AS A FIRST CAUSE OF ACTION
1. That the plaintiff, U.S. Bank National Association, not in its individual capacity but solely
as trustee for the RMAC Trust, Series 2016-CTT, at all times hereinafter mentioned was and still
is a National Association organized under the laws of the United States of America.
2. On or about August 16, 2005, Teresa Kelly executed and delivered to Ameriquest Mortgage
Company a note dated August 16, 2005 whereby Teresa Kelly promised to pay the principal sum of
$260,000.00.
3. On or about August 16, 2005, Teresa Kelly executed and delivered to Ameriquest Mortgage
Company a mortgage (hereinafter "mortgage") in the principal sum of $260,000.00, with interest,
mortgaging the premises known as 48 13th Street, Locust Valley, NY 11560 (hereinafter "premises")
as collateral security for the note. The mortgaged premises is more fully described in EXHIBIT
"A" annexed hereto.
4. The mortgage was duly recorded in the Office of the Clerk of the County of Nassau on
September 26, 2005 in Liber Book M 29451, Page 908 and the recording tax was duly paid.
Thereafter, the loan was modified pursuant to a Home Affordable Modification Agreement executed
by Teresa Kelly on April 8, 2017 which created a new lien in the amount of $421,786.95.
5. That plaintiff is in possession of the original note with a proper endorsement and/or allonge
and is therefore, the holder of both the note and mortgage, which passes as incident to the note.
3 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
6. Pursuant to the modified loan, Teresa Kelly promised to make consecutive monthly payments
of principal and interest each month, in accordance with the terms of the loan modification
agreement, commencing May 1, 2017 and on the first day of each succeeding month up to and
including April 1, 2057 when the entire principal amount and accrued interest shall be due and
payable.
7. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee
can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold
payments or ground rents (if any), hazard insurance and mortgage insurance.
8. The mortgage further provides that in case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage
could declare the entire indebtedness secured by the mortgage immediately due and payable, and the
holder of the mortgage is empowered to sell the mortgaged premises according to law.
9. Teresa Kelly failed to comply with the terms, covenants and conditions of said note and
mortgage by failing and omitting to pay, to the plaintiff, payments due on September 1, 2017 and
said default has continued for a period in excess of fifteen (15) days.
10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect
to declare the entire principal balance to be due and owing.
11. That there is now due and owing to the plaintiff under said note and mortgage the principal
sum of $417,939.78, which consists of a balance of $326,548.43 with interest thereon from August
1, 2017 and a non-interest bearing deferred balance of $91,391.95, plus late charges if applicable
pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s)
and any other charges due and owing pursuant to the terms of the note and mortgage.
12. Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of payment after the date of commencement of this action of any or all
of the defaults mentioned herein, and such election shall continue and remain effective.
13. In order to protect its security, the plaintiff may be compelled, during the pendency of this
action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges
and sewer rents which are or may become liens on the mortgaged premises, and other charges which
may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum
or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's
claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged
premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds
of the sale of the mortgaged premises.
14. Upon information and belief all 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 has been paid or equitably subordinated to
plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set
forth in "Schedule A" that is attached to this complaint.
4 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
15. A prior action was brought to recover part of the mortgage debt, however none of the
mortgage debt was collected.
16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and
regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable.
17. Upon information and belief, plaintiff has complied with the provisions of Real Property
Actions and Proceedings Law §1304 and §1306 unless exempt from doing so.
18. That the plaintiff is now the owner and holder of the said note and mortgage securing the
same or has been delegated the authority to institute a mortgage foreclosure action by the owner and
holder of the subject mortgage and note or is the holder of the note and mortgage and has been
delegated the authority to institute a mortgage foreclosure action by the owner of the note and
mortgage.
19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has
been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or
delegation of authority by the owner of the subject note and mortgage.
20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises
consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure
provide for the parcels to be sold as one parcel.
21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts
that an inspection of the premises would disclose, any state of facts an accurate survey would show,
and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and
any violation thereof, any equity of redemption of the United States of America to redeem the
premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights
of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances
of the city, town or village in which said mortgaged premises lies and any violations thereof.
22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises
either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not
be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be
permitted to enforce said other lien(s) and/or seek determination of priority thereof in any
independent action(s) or proceeding(s), including, without limitation, any surplus money
proceedings.
AS AND FOR A SECOND CAUSE OF ACTION
23. The plaintiff repeats and realleges each and every allegation contained in paragraphs
designated 1 through 22.
24. The mortgage provides that in the event of default, the plaintiff may recover all costs,
including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any
action to protect its interest in the premises, including foreclosure of the mortgage.
5 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
WHEREFORE, the plaintiff desseds judgment against the defendant(s) as follows:
a) That the defedants and all persons claiming under them or any of them, subsequent
to the commencement of this action and to the filing
of the Notice of Pendency of this action, may
be barred and foreclosed of all right, title, claim, lien and equity
of redemption in the mortgaged
premises;
b) That the mortgaged premises be sold in one parcel
according to law subject to any
state of facts an accurate survey would show, any covenants, easements, encroachments,
reservations, and restrictions, violations and agreements ofrecord, zoning regulations and ordinances
of the city, town, or village; wherein the premises is located, any state of facts a physical inspection
will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior
judgments, liens and mortgages of record and any and all rights of the United States of America to
redeem the subject premises;
c) That the premises be sold in accordance with Title 28, Section 2410 of the United
State Code preserving all rights of redemption, if any, of the United States of America;
d) That the monies received from the sale be brought into Court and that plaintiff be paid
the amount adjudged to be due it with interest thereon to the time of such payment, together with late
charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer
rents, insurance premiums, sums expended for the protection or preservation ofthe property, together
attorneys'
with fees as demanded in the second cause of action, the costs and disbursements of this
action and any other
necessary expenses to protect the lien of the mortgage to the extent that the
amount of such monies applicable thereto will
pay the same;
e) That this Court, if requested, appoint a receiver of the rents and profits of said
premises, during the pendency of this action with the usual powers and duties;
f) That the defendant(s) obligated under the note be adjudged to pay any deficiency
which may remaiñ after
applying all of such monies as aforesaid in accordance with the law and
provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy
petition or that said defendant(s) obligated under the note have been relieved of responsibility
for
any such deficiency.
g) That in the event plaintiff possesses any other
lien(s) against said mortgaged premises
either
by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s)
shall not be merged in plaintiff s cause(s)
of action(s) set forth in the Complaint but that plaintiff
shall be permitted to enforce said other
lien(s)
and/or seek detemliñation or priority
thereof in
any
independent action(s)
or proceeding(s), including, without limitation, any surplus money
proceedings;
h) That plaintiff have such other and further relief in the mortgaged premises as may
be just and equitable.
Dated: Bay Shore, New York
November 16, 2018
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
By:
Todd FdÍasco
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-087271-F00
6 of 75
FILED: NASSAU COUNTY CLERK EXHIBIT
11/20/2018 11:51 AM INDEX NO. 615612/2018
A
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
Client Reference No.: Loan No.:
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and
being near Glen Cove, Town of Oyster. Bay, County of Nassau and State of New York, on the south side of the main
highway leading from Glen Cove to Locust Valley, known, distinguished and designated on a certain map, filed in Nassau
County Clerk's Office, April 15, 1914, entitled, "Subdivision Plan of Woodland Park, near Locus Valley Long Island,
Property of Locust Valley Realty Company, Inc., March, 1914, R.C. Harrington, C.E., Glen Cove, Long Island", as and by
the Lot Number 9 and 10, which is more particularly bounded and described as follows;
BEGINNING at a point on the easterly side of 13th Street distant 307.68 feet southerly from the corner formed by the
intersection of the easterly side of 13th Street with the southerly side of Second Avenue;
RUNNING THENCE Easterly at right angles to the easterly side of 13th Street, 100.00 feet;
THENCE Southerly parallel with the southerly side of 13th Street, 50.00 feet;
THENCE westerly and again at right angles to the easterly side of 13th Street, 100.00 feet;
THENCE Northerly along the easterly side of 13th Street, 50.00 feet to the point or place of BEGINNING.
Premises: 48 13th Street, Locust Valley, NY 11560
Tax Parcel ID No.: Section 30 Block 33 Lots 9 and 10
v1.0 Page 3 of 11
7 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
Schedule A
Party Name Description
Teresa Kelly Obligor/Mortgagor/Owner
JPMorgan Chase Bank, N.A. Holder of a subordinate mortgage on the subject
premises. Said mortgage was recorded on
October 10, 2006 in Liber 31069 Page 541.
New York State Department of Taxation Holder of Judgment(s) against the property
and Finance being foreclosed herein. Said lien is more
particularly described in Exhibit "B" annexed
hereto.
8 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 INDEX NO. 615612/2018
EXHIBIT B 11:51 AM
Judgments Run Date: 2/6/2018
NYSCEF DOC. NO. 1 RECEIVED
Run
NYSCEF: 11/20/2018
County Clerk Time: 09:21:32
Nassau County
SEARCH RESULTS REPORT Total Pages : 1
NUMBER DOCOMENT TYPE STATE WARRANTS SIGNED DATE 09/13/2017 DAMAGES
RECORDED DATE 09/14/2017 02:11p ENTERED DATE 09/13/2017 FULL/5AT DT COST
145 COURT TYPE LIBER EXEC/SAT DT INTEREST
SECURE BOOK PAGE DISP DATE FEES
No INDEX/REF# JT EO45706898W001g TOTA1. 2929.50
TYPE PARTY NAMES
PLAINTIFF NYS DEPT OF TAX & FINANCE
DEFENDANT KELLYCONZONE THERESA M
1483 MEADOWBROOK RD
MERRICK NY 115861315
rinnanent-Amu onton DarFort \ñelawm - All Gimhtm Rmeansmrl 9 of 75 Dane.,+ D,-- hu ·
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
HELP FOR HOMEOWNERS IN FORECLOSURE
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
SUMMONS AND COMPLAINT
You are in danger of losing your home. If you fail to respond to the summons
and complaint in this foreclosure action, you may lose your home. Please read
the summons and complaint carefully. You should immediately contact an
attorney or your local legal aid office to obtain advice on how to protect
yourself.
SOURCES OF INFORMATION AND ASSISTANCE
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agencies and non-profit organizations that you
may contact for information about possible options, including trying to work
with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by
the New York State Department of Financial Services at 1-877-226-5697 or visit
the Department’s website at http://www.dfs.ny.gov.
RIGHTS AND OBLIGATIONS
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the
right to stay in your home during the foreclosure process. You are not required
to leave your home unless and until your property is sold at auction pursuant to
a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED
TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with
state and local law.
10 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
FORECLOSURE RESCUE SCAMS
Be careful of people who approach you with offers to “save” your home. There
are individuals who watch for notices of foreclosure actions in order to unfairly
profit from a homeowner’s distress. You should be extremely careful about any
such promises and any suggestions that you pay them a fee or sign over your
deed. State law requires anyone offering such services for profit to enter into a
contract which fully describes the services they will perform and fees they will
charge, and which prohibits them from taking any money from you until they
have completed all such promised services.
11 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
12 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
Index #
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
=====================================================================
U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC
Trust, Series 2016-CTT,
Plaintiff,
- against -
Teresa Kelly, JPMorgan Chase Bank, N.A., New York State Department of Taxation and
Finance, and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious
and unknown to the plaintiff, the person or parties intended being the persons or parties, if
any, having or claiming an interest in or lien upon the mortgaged premises described in the
Complaint,
Defendants.
=====================================================================
SUMMONS AND COMPLAINT
=====================================================================
FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Fax (631) 982-1458
Our File No.: 01-087271-F00
=====================================================================
To
Attorney(s) for
=====================================================================
Service of a copy of the within
is hereby admitted.
Dated,
Attorney(s) for
=====================================================================
13 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------X Index No.:
U.S. Bank National Association, not in its individual
capacity but solely as trustee for the RMAC Trust, Series
2016-CTT
Plaintiff, CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
-against-
Teresa Kelly, JPMorgan Chase Bank, N.A., New York State Mortgaged Premises: 48 13th
Department of Taxation and Finance, and "JOHN DOE #1" Street, Locust Valley, NY 11560
through "JOHN DOE #10", the last ten names being
fictitious and unknown to the plaintiff, the person or parties
intended being the persons or parties, if any, having or
claiming an interest in or lien upon the Mortgage premises
described in the Complaint,
Defendants.
------------------------------------------------------------------X
1. I am an attorney at law duly licensed to practice in the state of New York and am
affiliated with the Law Firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP,
the attorney for Plaintiff, U.S. Bank National Association, not in its individual
capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, in this action.
2. This residential foreclosure action involves a home loan, as such term is defined in
Real Property Actions and Proceedings Law §1304. Upon information and belief
defendant, Teresa Kelly, is a resident of the property subject to foreclosure.
3. I have reviewed the facts of this case and reviewed pertinent documents, including
the mortgage, security agreement and note or bond underlying the mortgage executed
by defendant, all instruments of assignment (if any), and all the other instruments of
indebtedness including any modification, extension, and consolidation.
4. I have consulted about the facts of this case with the following representative of
plaintiff:
Barkley Sutton - Assistant Vice President
5. Upon this review and consultation, to the best of my knowledge, information and
belief, I certify that there is a reasonable basis for the commencement of this action,
and that plaintiff is the creditor entitled to enforce rights under these documents.
14 of 75
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018
6. Listed in Exhibit A and attached hereto are copies of the following documents not
otherwise included as attachments to the sumons and complaint: the mortgage,
secüiity agreement and note or bond underlying the mortgage executed by the
defendant; all instruments of assig-ent (if any); and any other instrument of
indebtedness, including any modification, extension and consolidation. (Check box
if no documents
Preview
FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU U.S. Bank National Association, not in its individual capacity Index #: but solely as trustee for the RMAC Trust, Series 2016-CTT Filed: Plaintiff, SUMMONS -against- Teresa Kelly, JPMorgan Chase Bank, N.A., New York State Plaintiff designates Nassau Department of Taxation and Finance and "JOHN DOE #1" County as the place of trial. through "JOHN DOE #10", the last ten names being fictitious Venue is based upon the and unknown to the plaintiff, the person or parties intended County in which the being the persons or parties, if any, having or claiming an mortgaged premises is interest in or lien upon the mortgaged premises described in the situated. Complaint, Defendants. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service; or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty (60) days if it is the United States of America. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. 1 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 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: Bay Shore, New York FRENKEL, LAMBERT, WEISS, November 16, 2018 WEISMAN & GORDON, LLP Y: Todd Falasco Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-087271-F00 TO: Teresa Kelly 48 13th Street Locust Valley, NY 11560 JPMorgan Chase Bank, N.A. 1 Chase Ma-'"=a Plaza New York, NY 10081 and/or Chase Home Finance LLC P.O. Box 11606 Lexington, KY 40576-1606 New York State Department of Taxation and Finance Albany, NY 2 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT COMPLAINT Plaintiff, -against- Teresa Kelly, JPMorgan Chase Bank, N.A., New York State Department of Taxation and Finance and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, complaining of the defendants herein allege, upon information and belief, as follows: AS A FIRST CAUSE OF ACTION 1. That the plaintiff, U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, at all times hereinafter mentioned was and still is a National Association organized under the laws of the United States of America. 2. On or about August 16, 2005, Teresa Kelly executed and delivered to Ameriquest Mortgage Company a note dated August 16, 2005 whereby Teresa Kelly promised to pay the principal sum of $260,000.00. 3. On or about August 16, 2005, Teresa Kelly executed and delivered to Ameriquest Mortgage Company a mortgage (hereinafter "mortgage") in the principal sum of $260,000.00, with interest, mortgaging the premises known as 48 13th Street, Locust Valley, NY 11560 (hereinafter "premises") as collateral security for the note. The mortgaged premises is more fully described in EXHIBIT "A" annexed hereto. 4. The mortgage was duly recorded in the Office of the Clerk of the County of Nassau on September 26, 2005 in Liber Book M 29451, Page 908 and the recording tax was duly paid. Thereafter, the loan was modified pursuant to a Home Affordable Modification Agreement executed by Teresa Kelly on April 8, 2017 which created a new lien in the amount of $421,786.95. 5. That plaintiff is in possession of the original note with a proper endorsement and/or allonge and is therefore, the holder of both the note and mortgage, which passes as incident to the note. 3 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 6. Pursuant to the modified loan, Teresa Kelly promised to make consecutive monthly payments of principal and interest each month, in accordance with the terms of the loan modification agreement, commencing May 1, 2017 and on the first day of each succeeding month up to and including April 1, 2057 when the entire principal amount and accrued interest shall be due and payable. 7. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 8. The mortgage further provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage could declare the entire indebtedness secured by the mortgage immediately due and payable, and the holder of the mortgage is empowered to sell the mortgaged premises according to law. 9. Teresa Kelly failed to comply with the terms, covenants and conditions of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on September 1, 2017 and said default has continued for a period in excess of fifteen (15) days. 10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 11. That there is now due and owing to the plaintiff under said note and mortgage the principal sum of $417,939.78, which consists of a balance of $326,548.43 with interest thereon from August 1, 2017 and a non-interest bearing deferred balance of $91,391.95, plus late charges if applicable pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and any other charges due and owing pursuant to the terms of the note and mortgage. 12. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of payment after the date of commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 13. In order to protect its security, the plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 14. Upon information and belief all 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 has been paid or equitably subordinated to plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set forth in "Schedule A" that is attached to this complaint. 4 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 15. A prior action was brought to recover part of the mortgage debt, however none of the mortgage debt was collected. 16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable. 17. Upon information and belief, plaintiff has complied with the provisions of Real Property Actions and Proceedings Law §1304 and §1306 unless exempt from doing so. 18. That the plaintiff is now the owner and holder of the said note and mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note or is the holder of the note and mortgage and has been delegated the authority to institute a mortgage foreclosure action by the owner of the note and mortgage. 19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or delegation of authority by the owner of the subject note and mortgage. 20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and any violations thereof. 22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. AS AND FOR A SECOND CAUSE OF ACTION 23. The plaintiff repeats and realleges each and every allegation contained in paragraphs designated 1 through 22. 24. The mortgage provides that in the event of default, the plaintiff may recover all costs, including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises, including foreclosure of the mortgage. 5 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 WHEREFORE, the plaintiff desseds judgment against the defendant(s) as follows: a) That the defedants and all persons claiming under them or any of them, subsequent to the commencement of this action and to the filing of the Notice of Pendency of this action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; b) That the mortgaged premises be sold in one parcel according to law subject to any state of facts an accurate survey would show, any covenants, easements, encroachments, reservations, and restrictions, violations and agreements ofrecord, zoning regulations and ordinances of the city, town, or village; wherein the premises is located, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record and any and all rights of the United States of America to redeem the subject premises; c) That the premises be sold in accordance with Title 28, Section 2410 of the United State Code preserving all rights of redemption, if any, of the United States of America; d) That the monies received from the sale be brought into Court and that plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums, sums expended for the protection or preservation ofthe property, together attorneys' with fees as demanded in the second cause of action, the costs and disbursements of this action and any other necessary expenses to protect the lien of the mortgage to the extent that the amount of such monies applicable thereto will pay the same; e) That this Court, if requested, appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; f) That the defendant(s) obligated under the note be adjudged to pay any deficiency which may remaiñ after applying all of such monies as aforesaid in accordance with the law and provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy petition or that said defendant(s) obligated under the note have been relieved of responsibility for any such deficiency. g) That in the event plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiff s cause(s) of action(s) set forth in the Complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek detemliñation or priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; h) That plaintiff have such other and further relief in the mortgaged premises as may be just and equitable. Dated: Bay Shore, New York November 16, 2018 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP By: Todd FdÍasco Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-087271-F00 6 of 75 FILED: NASSAU COUNTY CLERK EXHIBIT 11/20/2018 11:51 AM INDEX NO. 615612/2018 A NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 Client Reference No.: Loan No.: SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Glen Cove, Town of Oyster. Bay, County of Nassau and State of New York, on the south side of the main highway leading from Glen Cove to Locust Valley, known, distinguished and designated on a certain map, filed in Nassau County Clerk's Office, April 15, 1914, entitled, "Subdivision Plan of Woodland Park, near Locus Valley Long Island, Property of Locust Valley Realty Company, Inc., March, 1914, R.C. Harrington, C.E., Glen Cove, Long Island", as and by the Lot Number 9 and 10, which is more particularly bounded and described as follows; BEGINNING at a point on the easterly side of 13th Street distant 307.68 feet southerly from the corner formed by the intersection of the easterly side of 13th Street with the southerly side of Second Avenue; RUNNING THENCE Easterly at right angles to the easterly side of 13th Street, 100.00 feet; THENCE Southerly parallel with the southerly side of 13th Street, 50.00 feet; THENCE westerly and again at right angles to the easterly side of 13th Street, 100.00 feet; THENCE Northerly along the easterly side of 13th Street, 50.00 feet to the point or place of BEGINNING. Premises: 48 13th Street, Locust Valley, NY 11560 Tax Parcel ID No.: Section 30 Block 33 Lots 9 and 10 v1.0 Page 3 of 11 7 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 Schedule A Party Name Description Teresa Kelly Obligor/Mortgagor/Owner JPMorgan Chase Bank, N.A. Holder of a subordinate mortgage on the subject premises. Said mortgage was recorded on October 10, 2006 in Liber 31069 Page 541. New York State Department of Taxation Holder of Judgment(s) against the property and Finance being foreclosed herein. Said lien is more particularly described in Exhibit "B" annexed hereto. 8 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 INDEX NO. 615612/2018 EXHIBIT B 11:51 AM Judgments Run Date: 2/6/2018 NYSCEF DOC. NO. 1 RECEIVED Run NYSCEF: 11/20/2018 County Clerk Time: 09:21:32 Nassau County SEARCH RESULTS REPORT Total Pages : 1 NUMBER DOCOMENT TYPE STATE WARRANTS SIGNED DATE 09/13/2017 DAMAGES RECORDED DATE 09/14/2017 02:11p ENTERED DATE 09/13/2017 FULL/5AT DT COST 145 COURT TYPE LIBER EXEC/SAT DT INTEREST SECURE BOOK PAGE DISP DATE FEES No INDEX/REF# JT EO45706898W001g TOTA1. 2929.50 TYPE PARTY NAMES PLAINTIFF NYS DEPT OF TAX & FINANCE DEFENDANT KELLYCONZONE THERESA M 1483 MEADOWBROOK RD MERRICK NY 115861315 rinnanent-Amu onton DarFort \ñelawm - All Gimhtm Rmeansmrl 9 of 75 Dane.,+ D,-- hu · FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 HELP FOR HOMEOWNERS IN FORECLOSURE New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. SUMMONS AND COMPLAINT You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. SOURCES OF INFORMATION AND ASSISTANCE The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at 1-877-226-5697 or visit the Department’s website at http://www.dfs.ny.gov. RIGHTS AND OBLIGATIONS YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. 10 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner’s distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. 11 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 12 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 Index # SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ===================================================================== U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, Plaintiff, - against - Teresa Kelly, JPMorgan Chase Bank, N.A., New York State Department of Taxation and Finance, and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. ===================================================================== SUMMONS AND COMPLAINT ===================================================================== FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Fax (631) 982-1458 Our File No.: 01-087271-F00 ===================================================================== To Attorney(s) for ===================================================================== Service of a copy of the within is hereby admitted. Dated, Attorney(s) for ===================================================================== 13 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------X Index No.: U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT Plaintiff, CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b -against- Teresa Kelly, JPMorgan Chase Bank, N.A., New York State Mortgaged Premises: 48 13th Department of Taxation and Finance, and "JOHN DOE #1" Street, Locust Valley, NY 11560 through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the Mortgage premises described in the Complaint, Defendants. ------------------------------------------------------------------X 1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with the Law Firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, the attorney for Plaintiff, U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, in this action. 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law §1304. Upon information and belief defendant, Teresa Kelly, is a resident of the property subject to foreclosure. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all the other instruments of indebtedness including any modification, extension, and consolidation. 4. I have consulted about the facts of this case with the following representative of plaintiff: Barkley Sutton - Assistant Vice President 5. Upon this review and consultation, to the best of my knowledge, information and belief, I certify that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to enforce rights under these documents. 14 of 75 FILED: NASSAU COUNTY CLERK 11/20/2018 11:51 AM INDEX NO. 615612/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2018 6. Listed in Exhibit A and attached hereto are copies of the following documents not otherwise included as attachments to the sumons and complaint: the mortgage, secüiity agreement and note or bond underlying the mortgage executed by the defendant; all instruments of assig-ent (if any); and any other instrument of indebtedness, including any modification, extension and consolidation. (Check box if no documents