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FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINOS
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FAREVERSE LLC IN LIBU OF TRUE COMPANY NAME COMPLAINT
FINANCE OF AMERICA REVERSE, LLC,
Plaintiff, Index No.:
-against- MORTGAGED PREMISES:
987 E 39th Street
FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, Brooklyn, NY 11210
DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T.
DALEUS AKA MARIE THERESE DALEUS, DECEASED;
UNITED STATES OF AMERICA ACTING ON BEHALF OF
THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; CARLA LOWERY AKA CARLA
DALEUS LOWERY, AS PRESUMPTIVE HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS
AKA MARIE THERESE DALEUS, DECEASED;
EMMANUEL DALEUS, AS PRESUMPTIVE HEIR,
DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T.
DALEUS AKA MARIE THERESE DALEUS, DECEASED;
ARDEN DALEUS, AS PRESUMPTIVE HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS
AKA MARIE THERESE DALEUS, DECEASED; PAT
DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR,
DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T.
DALEUS AKA MARIE THERESE DALEUS, DECEASED;
MARIE T. DALEUS AKA MARIE THERESE DALEUS,
#1" #10,"
DECBASED; JOHN DOE through "JOHN DOE said
names being fictitious and unknown to plaintiff, intended to be
possible tenants or occupants of the premises, or corporations,
persons, or other entities having or claiming a lien upon the
mortgaged premises,
Defendants.
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X
The Plaintiff herein, by its attorneys, GREENSPOON MARDER LLP, coraplains and
alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiff, FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE OF
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AMERICA REVERSE, LLC, is a Limited Liability Corapany organized under the laws of the
State of Delaware.
2. On or about August 27, 2012, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE
OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS,DECEASED
and/or MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, excca'ä1 and
delivered to an fixed rate note (Horne Equity Conversion) bearing that date (the "Note"), whereby
AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T.
DALEUS AKA MARIE THERESE DALEUS, DECEASED and/or MARIE T. DALEUS AKA
MARIE THERESE DALEUS, DECEASED (the "Dorrower") covenanted and agreed to pay the
sum of all loan advances, plus interest, subject to the terms more fully set forth in the Note. The
Note is armexed hereto as Exhibit A, collectively with the proper indorsements.
3. As security for the advances made under the Note, the Borrower duly executed and
delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE
FOR ASSOCIATED MORTGAGE BANKERS, INC., an Fixed Rate Home Equity.
Conversion Mortgage (Home Equity Conversion) (the "Mortgage"), which was recorded in the
Office of the City of Register of the City of New York on September 26, 2012, in Instrument No:
2012000382759. The Mortgage is annexed hereto as Exhibit B. Any appHeaNe recording tax
was paid contemporaneous therewith.
4, The Mortgaged Premises, more fully described in the Legal Description in Schedule "A",
annexed hereto, is commonly known as 987 E 39th Street, Brooklyn, NY 11210, County of
KINGS, (the "Premises"). Any applicable record tax was duly paid.
5. The Borrower also executed and delivered a Home Equity Conversion Loan Agreement,
Agreement,"
more commonly known as a "Reverse Mortgage which required the lender to pay
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the sums secured by the Mortgage to the Borrower on a periodio basis, instead of one lump sum,
at the time the loan documents were executed. The Loan Agreement is a=exed hereto as
Exhibit C.
6. The Mortgage was åssigned from MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., AS NOMINEE FOR ASSOCIATED MORTGAGE BANKERS, INC. to
FINANCE OF AMERICA REVERSE LLC, by Assignment of Mortgage dated July 6, 2018 and
recorded in the Office of the City of Register of the City of New York on July 11, 2018, bearing
CRFN 2018000227916. All Assignments of Mortgage are annexed hereto as Exhibit D.
7. The Note, Mortgage, and Loan Agreement are more ce=monly known, collcotively, as a
Reverse Mertgage. The Reverse Mortgage documcats provide, in part, for the events that cause a
default by the borrower.
8. FAREVERSE LLC 1N LIEU OF TRUE COMPANY NAME FINANCE OF AMERICA
REVERSE, LLC is the owner and holder of the subject Note, Mortgage, and Loan Agreement.
The Note was indorsed by the original lender or its agent,successer, or assign, and was dêIlvered
to plaintiff prior to the commencement of this action.
9. The Loan is in default due to death of the borrower,
10. Although rñûñics were advanced as required pursuant to the Reverse Mortgage
Docurnents, the Bouuwa and/or the Estate of the Borrower has failed to comply with the terms
and provisions of the Reverse Mortgage docuraents.
I1. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this
Complaint, an unpaid principal balance of $301,971.23, in addition to interest therecñ, and
necessary advances and expendhres as outlined in the Reverse Mortgage Documents.
12. Plaintiff has elected and hereby elects to declare immediately due and payable the entire
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unpaid balance of principal, together with monies advancca for taxes, inmwance, property
attorneys'
maintenance, as well as the costs, allawances and reasonable fees, to the extent
permitted by the mortgage.
13. Upon information and belief, to the extent applicable, Plaintiff is in compliance with
RPAPL § 1304. S_ee 90 Day Notice, annexed hereto as Exhibit E.
14. Upon information and belief, to the extent applicable, Plaintiff is in compliance with
RPAPL § 1306. The tracking ñürñber provided by the New York State Department of Financial
Services is NYS 4759048.
15. That in order to protect its security, the plaintiff, or its agents, has paid or may be
ec1ñpelled during the pendency of this action to pay local taxes, assessments, water rates,
insurance premim and other charges affecting the Premises, and the plaintiff requests that any
sums thus paid by it for said purposes (together with interest thereon), should be added to
the sum otherwise due and be deemed secured by the Martgage and be adjudged a valid lien on
the Premises.
16. Each of the above-named h-Ants have, or may claim to have, some interest in or lien
upon the Premises or some part thereof, which interest or lien, if any, has accrued subsequent to
the lien of plaintiff's Mortgage. Pasuant to the provisions of CPLR § 5203(a)(2) and/or RPAPL
§ 1311, any such interests or liens are subject and subordinate to plaintiff's mortgage.
17, The named party defendants are described and set out with specificity in the annexed
"B."
Schedule
18. The interest or lien of each of the named party Defendant, if any, is set forth sprificity in
"C."
the annexed Schedule
19, Plaintiff has complied with all of the provisicñs of ‰nking Law § 595-a, any rules and
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regulations thereunder, as well as Banking Law §§ 6-1 and 6-m, if applicable.
20, Defendant UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT, was granted a mortgage
recGrdcd on September 26, 2012, in Instrument No: 2012000382760, of the Office of the KINGS
County Clerk, which purports to encumber the aforesaid real property, but .the lien thereof, if
valid, is junior, inferior, and subordinate to the lien of plaintiff's Mortgage.
21. John Doe #1 through John Doe # 10 are fictitious and unkñ0wn to plaintiff. Said
Defendants are named to designate any and all persons or parties, if any, having or claiming an
interest in or lien upon the Premises. Said defendants may be jmigment creditors or may have, or
claim to have, a subordinate mortgage, or may be teñants/0ccüpants, or be heirs to the
Borrower's estate, the possible interests of which are subordiñâte to the interest of plaintiff
herein.
22, No other action or proceeding is currently pending at law or otherwise for the foreclosure
the Reverse Mortgage or for the recovery of the sum secured by the instant Reverse Mortgage
documents or any part thereof.
23. Plaintiff requests that in the event that this action proceed to judgmeat of füiecl0sure and
sale, the Premises shall be sold subject to the following:
i. Any state of facts that an inspection of the premises would disclose;
ii. Any state of facts that an accurate survey of the premises would show;
iii. Covenants, restrictions, --ts and public utility agrccmeñts, if any;
iv. Building and zoning ordinances of the manicipality in which the mortgage
premises are located and possible violations of same;
v. Any rights of tenants in possession of the subject premises;
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vi. Any equity of redemption of the United States of America to redeem the
premises within 120 days from the date of sale;
vii. Prior mortgage liens of record, and any advances and arrears thereunder; and
viii. Prior lien(s) of record, if any.
24. Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made, by reason of any payment after the commencement of this action, of any or
all of the defaults mentioned herein, and such election shall conthïüo and remain effective.
WHEREFORE, Plaintiff demands judgment, against the defendants as follows:
a. That each and all of the defendants in this action, and any and all persons
claiming by, through and under any of them,subsequent to the conur-r===1=1t
of this action and the filing of the Notice of Pcndcacy thereof in the Office of
the County Clerk of KINGS County in the State of New York, which is the
county in which the Premises are located, may be forever barred and foreclosed
of any and all right, title and interest, claim, lien and equity of redernption in the
Premises;
b. That a receiver of rents may be appdnted without notice, to the extent provided
in the Mortgage;
c. That the Court direct that the Premises can be sold according to law, in one
parcel or otherwise as equity may require;
d. That the monies arising from the sale of the Premises may be brought into
Court;
e. That the monies due to Plaintiff on the Note and Mortgage may be adjudged and
computed;
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f. That Plaintiff may be paid the amoüñt adjudged to be due on the Note and the
Mortgage with interest at the time of such paymcñt, tógether with any monies
advañced and paid pursuant to any term of provision of the Note and Mortgage
so as to protect the lien of the Mortgage, and together with taxes, insurañce
premiums and all other charges and liens paid thereon with interest upon said
=0st from the date of the respective paymcats and advances, together with
all ammm+c due virtue of allowances and attorney's
by statutory costs, fees,
together with any reasonable attorney's fees over and above the amounts
covered by the statutory attorñcy's fees, together with the expenses of the sale
insofar as the amount of such monies properly applicable thereto will pay the
same;
g. That Plaintiff be awarded reasonable attorney's fees as provided in the Note and
Mortgage, as well as the costs and disbursements of this action.
Dated: October 2018
New York, New York GREENSPOON MARDER LLP
Attorn s r P aintiff
ff
By:
Ja(on Silver, Esq.
590 Madison Avenue
Suite 1800
New York, NY 10022
P: (212) 524-5000
F: (212) 524-5050 (No Service by fax)
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SCHEDULE A- LEGAL DESCRIPTION
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS
AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN
THE BOROUGH OF BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF NEW
YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY SIDE OF EAST 39TH STREET,
DISTANT 187 FEET 6 INCHES NORTHERLY FROM THE CORNER FORMED BY
THE INTERSECTION OF THE EASTERLY SIDE OF EAST 39TH STREET WITH
THE NORTHERLY SIDE OF AVENUE H;
RUNNING THENCE EASTERLY AND PARALLEL WITH AVENUE H, 100 FEET TO
THE CENTER LINE OF THE BLOCK BETWEEN EAST 39TH STREET AND EAST
40TH STREET;
THENCE NORTHERLY ALONG THE SAID CENTER LINE OF THE BLOCK AND
PARALLEL WITH EAST 39TH STREET, 20 FEET;
THENCE WESTERLY AND AGAIN PARALLEL WITH AVENUE H, AND PART OF
THE DISTANCE THROUGH A PARTY WALL, 100 FEET TO THE EASTERLY SIDE
OF EAST 39TH STREET;
THENCE SOUTHERLY ALONG THE EASTERLY SIDE OF EAST 39TH STREET, 20
FEET TO THE POINT OR PLACE OF BEGINNING.
PROPERTY ADDRESS: 987 E. 39TH STREET, BROOKLYN, NEW YORK 11210
TAX/PARCEL ID NO.: 3-7723-10
. .
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SCHEDULE B - PARTY DEFENDANTS
PARTY DEFENDANT(8)
FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED,
Defendant is a Owner,
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT, Defcadant is a Mortgagee.
CARLA LOWERY AKA CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR,
DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE
THERESE DALEUS, DECEASED, Defendant is a Presumptive Heir.
EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED,
Defendant is a Presumptive Heir.
ARDEN DALEUS, AS PRESUMPTIVB HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE
OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant is a
Presumptive Heir.
PAT DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE
DALEUS, DECEASED, Defendant is a Presumptive Heir.
MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant is a
Mortgagor.
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SCHEDULE C - PARTY INTERESTS
PARTY DEFENDANT(S)
FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED,
Defendant has interest/is Owner of Record pursuant to deed dated August 27, 2012 and recorded
on September 26, 2012, in Instrument No. 2012000382758
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT, Defendant has interea‡/is by virtue of mortgage
recorded September 26, 2012, in Liber 2012000382760
CARLA LOWERY AKA CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR,
DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE
THERESE DALEUS, DECEASED, Defendant has interest/is a Presumptive Heir
EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED,
Defendant has interest/is a Presumptive Heir
ARDEN DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE
OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant has
interest/is a Presumptive Heir
PAT DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE
DALEUS, DECEASED, Defendant has interest/is a Presumptive Heir
MARIE T. DALEUS AKA MARIE TB'ERESE DALEUS, DECEASED, Defendst has
interest/is Mortgagor.
1
All attachments corre p ading with this Schedule are âëc hereto collectively at Exhibit
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"A"
EXHIBIT
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State of NEW YORK
FIXED RATE NOTE
CLOSEDEND
(Home Equity Conversion)
August 27, 2012
987 E 39th Street, Brooklyn, New York 11210 (Property Address)
L DEFINITIONS
"Borrower"
means each person signing at the end of this Note. "Lender" means Associated Mortgage
"Secretary" means the
Bankers, In c and its successors and assigns. Secretary of Housing and Urban
Development or his or her authorized representatives.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a
Home Equity Conversion Loan Agreement dated August 27, 2012 ("Loan Agreement"), Borrower
promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advañcm made
under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not due
earlier, are due and payable on January 19, 2087. Interest will be charged on unpaid principal at the rate
of Five AND Sixty Thousandth percent (5.060%) per year until the full amount of principal has been
paid. Accrued interest shall be added to the pdñcipal balance as a Loan Advance at the end of each
month.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a :no:tgago, deed of trust or similar security lastmment that is
dated the same date as this Note and called the "Security Instrument." That Security L--" protects
the Lender from losses which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall pay all outstanding principal and accrued interest to Leader upon receipt of a
notice by Lender requiring immediate payiñcñt-in-fel, as provided in Paragraph 6 of this Note.
(B) Place
Payment shall be made at Associated Mortgage Bankers, Inc, 600 Old Country Road, Suite
207, Garden City, NY 11530 or any such other place as Lender may designate in writing by
notice to Borrower.
(C) Limitation of Liability
Borrower shall have no personal liability for payment of the debt. Len der shall enforce the debt
only through sale of the Property covered by the Security Instrument ("Property"). If this Note is
assigned to the Secretary, the Borrower shall not be liable for any difference between the
mortgage insurance benetits paid to Lender and the outstañdiñg !:d:htsdñæ, including accrued
interest, owed by Borrower at the time of the assignment.
5. BORROWER'S RIGHT TO PREPAY
A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or
penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second
Note described in Paragsph 10 of this Note and then to reduce the principal balance of this Note.
Page1or3 HECMFirstRote
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All prepayments of the principal balance shall be applied by Lender as follows:
Eilst, to that portion of the principal balance re;re=ting aggregate p:/mcat: for mortgage
insurance premiums;
payment-
Second, to that portion of the principal balance representing aggregata for servicing
fees;
Third, to that portion of the piclyâ1 balance representing accrued interest due under theWote;
· and
Fourth. to the remaining portion of the principal balance.
To the extent Borrower prepays any =emªrs balance under this Note, such amounts will no
longer be available to be advanced under this Note.
6. IMMEDIATE PAYMENT-IN-FULL
(A) Death or Sale
Lender may require !nnd::: payment-in-full of all cute½ndbg principal and accrued interest
if:
(i) ABorrower dies and the Property is not the principal residen:c of at least one
surviving Borrower, or
(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust
owning all or part of the Property) is sold or otherwise transferred and no other Borrower
retains title to the Property in fee simple or retains a 1caschcid under a lease for not less
than 99 years which is renewable or a lease having a remaining period of not less than 50
years beyond the date ofthe 100th birthday of the youngest Borrower or retains a life
estate (or retaining a beneficial interest in a trust with such an interest in the Property).
(B) Other Grounds
Lender may require immadete payment in-full of all outstanding principal and accrued interest,
upon approval by an authorized representative of the Secretary, if:
(i) The Property ceases to be the principal residence of a Borrowct for reasons other than
death and the Property is not the principal residence of at least one other Borrower;
(ii) Por a period of longer than 12 consecutive months, a Borrower fails to physically
occupy the Property because of physical or mental illness and the Property is not the
principal residence of at least one other Borrower; or
Preview
FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINOS ---.. -----------------------------------X FAREVERSE LLC IN LIBU OF TRUE COMPANY NAME COMPLAINT FINANCE OF AMERICA REVERSE, LLC, Plaintiff, Index No.: -against- MORTGAGED PREMISES: 987 E 39th Street FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, Brooklyn, NY 11210 DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; CARLA LOWERY AKA CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; ARDEN DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; PAT DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; MARIE T. DALEUS AKA MARIE THERESE DALEUS, #1" #10," DECBASED; JOHN DOE through "JOHN DOE said names being fictitious and unknown to plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises, Defendants. -------------..__-----------.-...-------------------- X The Plaintiff herein, by its attorneys, GREENSPOON MARDER LLP, coraplains and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiff, FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE OF 1 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 AMERICA REVERSE, LLC, is a Limited Liability Corapany organized under the laws of the State of Delaware. 2. On or about August 27, 2012, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS,DECEASED and/or MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, excca'ä1 and delivered to an fixed rate note (Horne Equity Conversion) bearing that date (the "Note"), whereby AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED and/or MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED (the "Dorrower") covenanted and agreed to pay the sum of all loan advances, plus interest, subject to the terms more fully set forth in the Note. The Note is armexed hereto as Exhibit A, collectively with the proper indorsements. 3. As security for the advances made under the Note, the Borrower duly executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ASSOCIATED MORTGAGE BANKERS, INC., an Fixed Rate Home Equity. Conversion Mortgage (Home Equity Conversion) (the "Mortgage"), which was recorded in the Office of the City of Register of the City of New York on September 26, 2012, in Instrument No: 2012000382759. The Mortgage is annexed hereto as Exhibit B. Any appHeaNe recording tax was paid contemporaneous therewith. 4, The Mortgaged Premises, more fully described in the Legal Description in Schedule "A", annexed hereto, is commonly known as 987 E 39th Street, Brooklyn, NY 11210, County of KINGS, (the "Premises"). Any applicable record tax was duly paid. 5. The Borrower also executed and delivered a Home Equity Conversion Loan Agreement, Agreement," more commonly known as a "Reverse Mortgage which required the lender to pay 2 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 the sums secured by the Mortgage to the Borrower on a periodio basis, instead of one lump sum, at the time the loan documents were executed. The Loan Agreement is a=exed hereto as Exhibit C. 6. The Mortgage was åssigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ASSOCIATED MORTGAGE BANKERS, INC. to FINANCE OF AMERICA REVERSE LLC, by Assignment of Mortgage dated July 6, 2018 and recorded in the Office of the City of Register of the City of New York on July 11, 2018, bearing CRFN 2018000227916. All Assignments of Mortgage are annexed hereto as Exhibit D. 7. The Note, Mortgage, and Loan Agreement are more ce=monly known, collcotively, as a Reverse Mertgage. The Reverse Mortgage documcats provide, in part, for the events that cause a default by the borrower. 8. FAREVERSE LLC 1N LIEU OF TRUE COMPANY NAME FINANCE OF AMERICA REVERSE, LLC is the owner and holder of the subject Note, Mortgage, and Loan Agreement. The Note was indorsed by the original lender or its agent,successer, or assign, and was dêIlvered to plaintiff prior to the commencement of this action. 9. The Loan is in default due to death of the borrower, 10. Although rñûñics were advanced as required pursuant to the Reverse Mortgage Docurnents, the Bouuwa and/or the Estate of the Borrower has failed to comply with the terms and provisions of the Reverse Mortgage docuraents. I1. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this Complaint, an unpaid principal balance of $301,971.23, in addition to interest therecñ, and necessary advances and expendhres as outlined in the Reverse Mortgage Documents. 12. Plaintiff has elected and hereby elects to declare immediately due and payable the entire 3 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 unpaid balance of principal, together with monies advancca for taxes, inmwance, property attorneys' maintenance, as well as the costs, allawances and reasonable fees, to the extent permitted by the mortgage. 13. Upon information and belief, to the extent applicable, Plaintiff is in compliance with RPAPL § 1304. S_ee 90 Day Notice, annexed hereto as Exhibit E. 14. Upon information and belief, to the extent applicable, Plaintiff is in compliance with RPAPL § 1306. The tracking ñürñber provided by the New York State Department of Financial Services is NYS 4759048. 15. That in order to protect its security, the plaintiff, or its agents, has paid or may be ec1ñpelled during the pendency of this action to pay local taxes, assessments, water rates, insurance premim and other charges affecting the Premises, and the plaintiff requests that any sums thus paid by it for said purposes (together with interest thereon), should be added to the sum otherwise due and be deemed secured by the Martgage and be adjudged a valid lien on the Premises. 16. Each of the above-named h-Ants have, or may claim to have, some interest in or lien upon the Premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of plaintiff's Mortgage. Pasuant to the provisions of CPLR § 5203(a)(2) and/or RPAPL § 1311, any such interests or liens are subject and subordinate to plaintiff's mortgage. 17, The named party defendants are described and set out with specificity in the annexed "B." Schedule 18. The interest or lien of each of the named party Defendant, if any, is set forth sprificity in "C." the annexed Schedule 19, Plaintiff has complied with all of the provisicñs of ‰nking Law § 595-a, any rules and 4 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 regulations thereunder, as well as Banking Law §§ 6-1 and 6-m, if applicable. 20, Defendant UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, was granted a mortgage recGrdcd on September 26, 2012, in Instrument No: 2012000382760, of the Office of the KINGS County Clerk, which purports to encumber the aforesaid real property, but .the lien thereof, if valid, is junior, inferior, and subordinate to the lien of plaintiff's Mortgage. 21. John Doe #1 through John Doe # 10 are fictitious and unkñ0wn to plaintiff. Said Defendants are named to designate any and all persons or parties, if any, having or claiming an interest in or lien upon the Premises. Said defendants may be jmigment creditors or may have, or claim to have, a subordinate mortgage, or may be teñants/0ccüpants, or be heirs to the Borrower's estate, the possible interests of which are subordiñâte to the interest of plaintiff herein. 22, No other action or proceeding is currently pending at law or otherwise for the foreclosure the Reverse Mortgage or for the recovery of the sum secured by the instant Reverse Mortgage documents or any part thereof. 23. Plaintiff requests that in the event that this action proceed to judgmeat of füiecl0sure and sale, the Premises shall be sold subject to the following: i. Any state of facts that an inspection of the premises would disclose; ii. Any state of facts that an accurate survey of the premises would show; iii. Covenants, restrictions, --ts and public utility agrccmeñts, if any; iv. Building and zoning ordinances of the manicipality in which the mortgage premises are located and possible violations of same; v. Any rights of tenants in possession of the subject premises; 5 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 vi. Any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale; vii. Prior mortgage liens of record, and any advances and arrears thereunder; and viii. Prior lien(s) of record, if any. 24. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made, by reason of any payment after the commencement of this action, of any or all of the defaults mentioned herein, and such election shall conthïüo and remain effective. WHEREFORE, Plaintiff demands judgment, against the defendants as follows: a. That each and all of the defendants in this action, and any and all persons claiming by, through and under any of them,subsequent to the conur-r===1=1t of this action and the filing of the Notice of Pcndcacy thereof in the Office of the County Clerk of KINGS County in the State of New York, which is the county in which the Premises are located, may be forever barred and foreclosed of any and all right, title and interest, claim, lien and equity of redernption in the Premises; b. That a receiver of rents may be appdnted without notice, to the extent provided in the Mortgage; c. That the Court direct that the Premises can be sold according to law, in one parcel or otherwise as equity may require; d. That the monies arising from the sale of the Premises may be brought into Court; e. That the monies due to Plaintiff on the Note and Mortgage may be adjudged and computed; 6 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 f. That Plaintiff may be paid the amoüñt adjudged to be due on the Note and the Mortgage with interest at the time of such paymcñt, tógether with any monies advañced and paid pursuant to any term of provision of the Note and Mortgage so as to protect the lien of the Mortgage, and together with taxes, insurañce premiums and all other charges and liens paid thereon with interest upon said =0st from the date of the respective paymcats and advances, together with all ammm+c due virtue of allowances and attorney's by statutory costs, fees, together with any reasonable attorney's fees over and above the amounts covered by the statutory attorñcy's fees, together with the expenses of the sale insofar as the amount of such monies properly applicable thereto will pay the same; g. That Plaintiff be awarded reasonable attorney's fees as provided in the Note and Mortgage, as well as the costs and disbursements of this action. Dated: October 2018 New York, New York GREENSPOON MARDER LLP Attorn s r P aintiff ff By: Ja(on Silver, Esq. 590 Madison Avenue Suite 1800 New York, NY 10022 P: (212) 524-5000 F: (212) 524-5050 (No Service by fax) 7 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 SCHEDULE A- LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH OF BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF EAST 39TH STREET, DISTANT 187 FEET 6 INCHES NORTHERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF EAST 39TH STREET WITH THE NORTHERLY SIDE OF AVENUE H; RUNNING THENCE EASTERLY AND PARALLEL WITH AVENUE H, 100 FEET TO THE CENTER LINE OF THE BLOCK BETWEEN EAST 39TH STREET AND EAST 40TH STREET; THENCE NORTHERLY ALONG THE SAID CENTER LINE OF THE BLOCK AND PARALLEL WITH EAST 39TH STREET, 20 FEET; THENCE WESTERLY AND AGAIN PARALLEL WITH AVENUE H, AND PART OF THE DISTANCE THROUGH A PARTY WALL, 100 FEET TO THE EASTERLY SIDE OF EAST 39TH STREET; THENCE SOUTHERLY ALONG THE EASTERLY SIDE OF EAST 39TH STREET, 20 FEET TO THE POINT OR PLACE OF BEGINNING. PROPERTY ADDRESS: 987 E. 39TH STREET, BROOKLYN, NEW YORK 11210 TAX/PARCEL ID NO.: 3-7723-10 . . 8 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 SCHEDULE B - PARTY DEFENDANTS PARTY DEFENDANT(8) FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant is a Owner, UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defcadant is a Mortgagee. CARLA LOWERY AKA CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant is a Presumptive Heir. EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant is a Presumptive Heir. ARDEN DALEUS, AS PRESUMPTIVB HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant is a Presumptive Heir. PAT DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant is a Presumptive Heir. MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant is a Mortgagor. 9 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 SCHEDULE C - PARTY INTERESTS PARTY DEFENDANT(S) FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant has interest/is Owner of Record pursuant to deed dated August 27, 2012 and recorded on September 26, 2012, in Instrument No. 2012000382758 UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendant has interea‡/is by virtue of mortgage recorded September 26, 2012, in Liber 2012000382760 CARLA LOWERY AKA CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant has interest/is a Presumptive Heir EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant has interest/is a Presumptive Heir ARDEN DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant has interest/is a Presumptive Heir PAT DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, Defendant has interest/is a Presumptive Heir MARIE T. DALEUS AKA MARIE TB'ERESE DALEUS, DECEASED, Defendst has interest/is Mortgagor. 1 All attachments corre p ading with this Schedule are âëc hereto collectively at Exhibit 10 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 "A" EXHIBIT 11 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 State of NEW YORK FIXED RATE NOTE CLOSEDEND (Home Equity Conversion) August 27, 2012 987 E 39th Street, Brooklyn, New York 11210 (Property Address) L DEFINITIONS "Borrower" means each person signing at the end of this Note. "Lender" means Associated Mortgage "Secretary" means the Bankers, In c and its successors and assigns. Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated August 27, 2012 ("Loan Agreement"), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advañcm made under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, if not due earlier, are due and payable on January 19, 2087. Interest will be charged on unpaid principal at the rate of Five AND Sixty Thousandth percent (5.060%) per year until the full amount of principal has been paid. Accrued interest shall be added to the pdñcipal balance as a Loan Advance at the end of each month. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a :no:tgago, deed of trust or similar security lastmment that is dated the same date as this Note and called the "Security Instrument." That Security L--" protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall pay all outstanding principal and accrued interest to Leader upon receipt of a notice by Lender requiring immediate payiñcñt-in-fel, as provided in Paragraph 6 of this Note. (B) Place Payment shall be made at Associated Mortgage Bankers, Inc, 600 Old Country Road, Suite 207, Garden City, NY 11530 or any such other place as Lender may designate in writing by notice to Borrower. (C) Limitation of Liability Borrower shall have no personal liability for payment of the debt. Len der shall enforce the debt only through sale of the Property covered by the Security Instrument ("Property"). If this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benetits paid to Lender and the outstañdiñg !:d:htsdñæ, including accrued interest, owed by Borrower at the time of the assignment. 5. BORROWER'S RIGHT TO PREPAY A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragsph 10 of this Note and then to reduce the principal balance of this Note. Page1or3 HECMFirstRote 12 of 197 FILED: KINGS COUNTY CLERK 10/26/2018 02:08 PM INDEX NO. 521635/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2018 All prepayments of the principal balance shall be applied by Lender as follows: Eilst, to that portion of the principal balance re;re=ting aggregate p:/mcat: for mortgage insurance premiums; payment- Second, to that portion of the principal balance representing aggregata for servicing fees; Third, to that portion of the piclyâ1 balance representing accrued interest due under theWote; · and Fourth. to the remaining portion of the principal balance. To the extent Borrower prepays any =emªrs balance under this Note, such amounts will no longer be available to be advanced under this Note. 6. IMMEDIATE PAYMENT-IN-FULL (A) Death or Sale Lender may require !nnd::: payment-in-full of all cute½ndbg principal and accrued interest if: (i) ABorrower dies and the Property is not the principal residen:c of at least one surviving Borrower, or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a 1caschcid under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date ofthe 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (B) Other Grounds Lender may require immadete payment in-full of all outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrowct for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) Por a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or