Party Statement: Fareverse Llc In Lieu Of True Company Name Finance Of America Reverse, Llc v. Fritz Antoine Daleus, As Presumptive Heir, 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, John Doe #1 Through John Doe #10, 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
On October 26, 2018 a
Party Statement
was filed
involving a dispute between
Fareverse Llc In Lieu Of True Company Name Finance Of America Reverse, Llc,
and
Arden Daleus, As Presumptive Heir, Devisee, Distributee Of The Estate Of Marie T. Daleus Aka Marie Therese Daleus, Deceased,
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,
Fritz Antoine Daleus, As Presumptive Heir, Devisee, Distributee Of The Estate Of Marie T. Daleus Aka Marie Therese Daleus, Deceased,
John Doe #1 Through John Doe #10, 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,
Pat Daleus Aka Peter Daleus, As Presumptive Heir, 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,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Kings County.
Real Property - Mortgage Foreclosure - Residential
Status
Active
Parties
ARDEN DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED
Defendant
BHATIA, RASPREET
Attorney for the Plaintiff
CARLA LOWERY AKA CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED
Defendant
EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED
Defendant
FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE OF AMERICA REVERSE, LLC
Plaintiff
FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED
Defendant
JOHN DOE #1 through JOHN DOE #10, 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
Defendant
PAT DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED
Defendant
SCHWARTZ, BETH PATRICIA
Attorney for the Defendant
SILVER, JASON DAVID
Attorney for the Plaintiff
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
Defendant
BETH PROPPER
Attorney
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FILED: KINGS COUNTY CLERK 11/21/2018 INDEX NO. 521635/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/26/2018 COUNTY CLERK KINGS FILED SUPREME COURT OF THE STATE OF NEW YORK 2018 N0V 21 AM l0: 03 COUNTY OF lt- / N G rR Verw LLC in he C Pl tiff, Index No. VERIFIED ANSWER TO FORECLOSURE COMPLAINT Defendant(s). Defendant Ct h/€- answers as fallsws: I generally deny each allegation of the omplaint, including that Plaintiff is the owner of the note and mortgage. I plead the following Defenses and Counterclaime: Lack of Standing: Plaintiff, upon information and belief, does not own the note and mortgage. Plaintiff therefore does not have atanding to sue because it was not the legal owner of the note and/or mortgage at the time it commenced this foreclosure lawsuit. Óoreclosure Cause of Action: Plaintiff, upon information and belief, does not own the note and mortgage. Because ownership of the note and mortgage is an element of a foreclosure cause of action, Plaintiff has no right to foreclose. o Statute of Limitations (NY Civil Practice Law and Rules § 213(4)): Upon information and belief, Plaintiff may not sue on all or part of the mortgage debt because Plaintiff commancerl this action more than six years after the debt became due. o Additionally, the entire foreclosure action is time-barred by the statute of limitations because Plaintiff commenced this action more than six years after it accelerated the mortgage debt. Defendant requests that the mortgage be cancelled and diccharged pursuant to NY Real Property Actions and Proceedings Law § 1501(4). o Service of Process (NY Civil Practice Law and Rules § 308): I was not served with properly p ess in this action. Notice of Default: Plaintiff failed to comply with the requirements for the notice of default in my mortgage loan agreement, a condition precedent to this foreclosure action. 1 of 6 FILED: KINGS COUNTY CLERK 11/21/2018 INDEX NO. 521635/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/26/2018 o Reverse Mertgage Notice Requirement (NY Codes, Rules and Regulaticñs Title 3, § 79.9(a)(5)): Plaintiff failed to comply with the requirments of NY Codes, Rules and tions Title 3, § 79.9(a)(5), a condition precedent to this foreclosure action. 90-Day Notice Requirement (NY Real Property Actions and Proceedings Law § 1304): Plaintiff failed to comply with the requirements of NY Real Property Actions and Proceedings Law § 1304, a condition precedent to this foreclosure action. o Help for Homeowners in Foreclosure Notice Requirement (NY Real Property Actions and Proceedings Law § 1303): Plaintiff failed to comply with the requirements of NY Real Property and Proceedings Law § 1303, a condition precedent to this foreclosure action. o Pending Foreclosure Action (NY Real Property Actions and Proceedings Law § 1301): Plaintiff impermissibly commenced this action bacause there is a prior pending action to recover all or part of the mortgage debt. Real Estate Settlement Precedures Act Early Intervêñtisn Requirement (12 C.F.R. § 1024.39): Upon information and belief, Plaintiff violated the early intervention requirements of the Real Estate Settlement Procedures Act because (check one or both if applicable): Within 36 days of my delinquency, the loan servicer did not attempt to establish live . c tact with me to inform me about the availability of loss mitigation options. Within 45 days of my delinquency, the loan servicer did not send me a written notice that ipcluded contact information for the servicer, a description of loss mitigation options available from the servicer, information about applying for loss mitigation, and a website listing housing counselors. o Real Estate Settlement Procedures Act Pre-Foreclosure Review Requirement (12 C.F.R. § 1024.41): Plaintiff impermissibly filed this foreclosure during the pre-foreclosure review period because (check one or both if applicable): o Plaintiff cos,1ss-11ced this action before my loan was more than 120 days delinquent. o I submitted a complete loss mitigation application to my loan servicer but Plaintiff commenced this action (1) before the loan servicer made a decision on that application, (2) before the time period to appeal the loan servicer's decision lapsed, or (3) before the loan servicer made a decision on an appeal I submitted in connection with the loss mitigation application. o FHA Pre-Foreclosure Requirements: My loan is insured by the Federal Housing Administration. Upon information and belief, the loan servicer/mortgagee has not complied with regulations of the Department of Housing and Urban Development and/or my mortgage contract because the loan servicer/mortgagee did not do one or more of the following (check all that are applicable): 2 2 of 6 FILED: KINGS COUNTY CLERK 11/21/2018 INDEX NO. 521635/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/26/2018 o Send me a notice of default before the end of the second month of my delinquency (24 C.F.R. § 203.602). o At:cmpt to arrange a face-to-face interview with me before three full monthly insta"ments due under the mortgage were unpaid (24 C.F.R. § 203.604). o Evaluate me for loss mitigation before four full montMy installmcats due under the mortgage were unpaid (24 C.F.R. § 203.605). a Wait until three full monthly ir.:t:"==•s due under the mortgage were unpaid before commencing this foreclosure action (24 C.F.R. § 203.606) Certificate of Merit Requirement (NY Civil Practice Law and Rules § 3012-b): Upon information and belief, Plaintiff failed to comply with the Certificate of Merit requir-monts of NY Civil Practice Law and Rules § 3012-b. o Other Defenses or Counterclaims (attach additional pages ef needed): 3 3 of 6 FILED: KINGS COUNTY CLERK 11/21/2018 INDEX NO. 521635/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/26/2018 Wherefore, Defendant reqüésts that the Complent be dismissed; that the relief requested attorneys' by Defendant be granted in its entirety; that Defendant be granted costs and fees if he or she retains counsel; and any other relief allowed by law deemed just and proper by this Court in the exercise of its equity jurisdiction in this foreclosure action. Dated: /A , 20 o , New York , Defendant Pro Se (Signature) (Name) (Address) (Address) (Telephone Number) epared with the assistance of counsel admitted in New York. 4 of 6 FILED: KINGS COUNTY CLERK 11/21/2018 INDEX NO. 521635/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/26/2018 I, , being duly sworn, state that the within Answer is true to the best of my owledge, except as to those matters alleged upon information and belief, which I believe to be e (Defendant's Name) ( e t's Sign re) 2 Notary blic M. PLASSE Wrk Putsc State of New No.02PL6328962 Wrk Qualified in New August10,2019 Egkes 5 5 of 6 FILED: KINGS COUNTY CLERK 11/21/2018 INDEX NO. 521635/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/26/2018 . . . . AFFIDAVIT OF SERVICE I, , served the within // d Ê on Flaintiff s attorney as follows (attorney's name and address): I served the by th following method (check all that apply): a t class mail a certified mail o certified mail, return receipt requested o overnight delivery service o facsimile o personal delivery. on the day of , 20 . I am eighteen years or older and I am not a Defendant in this w it. Signature: Print Nam _ Sworn to and subscribed before me this day of , 20 Notary Public I am an attorney duly licensed to practice law before the Courts of the State of New York and I affirm the foregoing under penalty of perjury. 6 of 6