Preview
FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
SPECIALIZED LOAN SERVICING, LLC, A DELAWARE Index No.
LIMITED LIABILITY COMPANY, Date Filed:
Plaintiff, SUMMONS
-against-
Plaintiff designates
Erie County as the place
CHRISTOPHER JULIUS, > SAMUEL CONNOR JULIUS
of trial based on the
A/K/A SAMUEL C. JULIUS, THE UNITED STATES OF location of the
AMERICA INTERNAL REVENUE SERVICE, NEW YORK mortgaged premises in
STATE DEPARTMENT OF TAXATION AND FINANCE this action.
Doe" Doe"
and "John and/or "Jane 0 1-10 inclusive, the last
ten names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
persons, corporations or heirs at law, ifany, having or claiming
an interest in or lien upon the premises described in the
complaint,
Defendants.
We are attempting to collect a debt, and any information obtained will be used for
that purpose.
To the above-named defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the plaintiffs attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York) or within (60) days
after service of this summons if it isthe United States of America; and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the attorney for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default judgment may be entered and you can lose
your home. Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property. Sending a payment
to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
This is an action to foreclose a mortgage lien on thepremises described herein.
The object of the above captioned action is to foreclose a Mortgage to secure $65,500.00
and interest, recorded in the Office of the County Clerk of Erie County on July 11, 2005 in Liber
13234, Page 3684, which mortgage was assigned to Bank of America, N.A. by assignment of
mortgage dated February 18, 2016, which was recorded in the Office of the County Clerk of Erie
County on February 18, 2016 in Liber 13755, Page 3212, which mortgage was further assigned to
SPECIALIZED LOAN SERVICING LLC by assignment of mortgage dated April 21, 2017, which
was recorded in the Office of the County Clerk of Erie County on April 28, 2017 in Liber 13809,
Page 3903, covering premises known as 189 HAWTHORNE AVE, TONAWANDA, COUNTY
OF ERIE, STATE OF NEW YORK 14223 (Section 79.23, Block 1, Lot 1).
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The relief sought in the within action is a final judgment directing the sale of the premises
described above.
Dated: Roslyn Heights, New York
) , 2018
DAVID A. LL ~P SSOCIATES LLP
lp
By:
David A. GElÌo, Esq
Attorneys for Plaintiff
99 Powerhouse Road - First Floor
Roslyn Heights, NY 11577
(516) 583-5330
583-5333 - fax
(516)
TO: CHRISTOPHER JULIUS
189 HAWTHORNE AVENUE
TONAWANDA, NY 14223
SAMUEL CONNOR JULIUS A/K/A SAMUEL C. JULIUS
189 HAWTHORNE AVENUE
TONAWANDA, NY 14223
UNITED STATES OF AMERICA
DEPARTMENT OF THE TREASURY
10 METROTECH CENTER
625 FULTON STREET
BROOKLYN, NY 11201
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE
W.A. HARRIMAN CAMPUS
ALBANY, NY 12227
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
SPECIALIZED LOAN SERVICING, LLC, A DELAWARE Index No.
LIMITED LIABILITY COMPANY,
VERIFIED
Plaintiff, COMPLAINT
-against-
Mortgage
CHRISTOPHER JULIUS, SAMUEL CONNOR JULIUS Foreclosure
A/K/A SAMUEL C. JULIUS, THE UNITED STATES OF
AMERICA INTERNAL REVENUE SERVICE, NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE
Doe" Doe"
and "John and/or "Jane # 1-10 inclusive, the last
ten names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
persons, corporations or heirs at law, ifany, having or claiming
an interest in or lien upon the premises described in the
complaint,
Defendants.
Plaintiff SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, (hereinafter referred to as "SLS"), by its attorneys, David A. Gallo &
Associates LLP, complains and alleges, upon information and belief, as follows:
1. This is an action to foreclose a mortgage lien on the premises described herein.
2. The plaintiff is the mortgagee and the holder of the subject note and mortgage and
if not the owner, has been delegated the authority to institute a mortgage foreclosure action by the
owner and holder of the subject note and mortgage. See attached note incorporated herein.
("Noteholder"
Foreclosing party or creditor ("Noteholder"), directly or through an agent, has possession of the
promissory note. The promissory note is either made payable to the Foreclosing Party or has been
duly indorsed.
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3. Where applicable, the plaintiff has complied with all of the provisions of the
Law 595-a and rules and regulations promulgated Law 6-1 or 6-
Banking § thereunder, Banking §
m as applicable to the subject loan, and RPAPL § 1304, as amended.
4. The plaintiff, assignee or mortgage loan servicer, has timely complied with the
provisions of RPAPL § 1306.
Notice"
5. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to THE
ESTATE OF JEFFRY T JULIUS on August 9, 2017 to the address of the property, at 189
HAWTHORNE AVE, TONAWANDA, County of Erie, State of New York 14223 and to the
Borrowers'
last known address which is 189 HAWTHORNE AVENUE, TONAWANDA, NY
14223, by registered or certified and first class mail. The certified mailing bore United States Postal
Service Tracking Number 7190 1110 7661 2332 7021.
6. The title of the 90 Day Notice was typed in at least fourteen (14) point font. The
text following the titleof the 90 Day Notice was typed in at least fourteen (14) point font.
7. Plaintiff is,and at alltimes relevant herein was, a corporation authorized to conduct
business in the State of New York, with itsprincipal place of business c/o SPECIALIZED LOAN
SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, located at 8742
LUCENT BLVD, SUITE 300, HIGHLAND RANCH, CO 80129.
8. The premises, which are the subject of this action, are situated at 189
HAWTHORNE AVE, TONAWANDA, COUNTY OF ERIE, STATE OF NEW YORK 14223
"Premises"
(the "Premises").
9. CHRISTOPHER JULIUS is named as Defendant because he is the Administrator
of the Estate of JEFFRY T. JULIUS A/K/A JEFFRY JULIUS, and the Heir and Distributee of the
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Estate of JEFFRY T. JULIUS A/K/A JEFFRY JULIUS. Upon information and belief, said
defendant's last known residence is at 189 HAWTHORNE AVENUE, BUFFALO, NY 14227.
10. SAMUEL CONNOR JULIUS A/K/A SAMUEL C. JULIUS is named as Defendant
because he is the Heir and Distributee of the Estate of JEFFRY T. JULIUS A/K/A JEFFRY
JULIUS. Upon information and belief, said defendant's last known residence is at 189
HAWTHORNE AVENUE, BUFFALO, NY 14227.
Doe" Doe"
11. "John and/or "Jane # 1-10 inclusive, are fictitious and unknown to
plaintiff. They are named as defendants to designate any and all tenants, occupants, persons,
corporations or heirs at law, if any, having or claiming an interest in or lien upon the Premises.
12. The following are made party defendants herein solely because they may have or
claim to have a lien affecting the Premises:
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE
UNITED STATES OF AMERICA
The above liens are subject and subordinate to the lien of the Plaintiffs mortgage. (See, copy of
Mortgage/Judgment Schedules attached hereto and made part hereof.)
("Decedent"
13. On or about July 11, 2005, decedent JEFFRY T JULIUS, ("Decedent") executed
and delivered to Countrywide Home Loans, Inc., formerly doing business as America's Wholesale
"Note"
Lender a Note (the "Note"), whereby the Defendant agreed to pay to Countrywide Home Loans,
Inc., formerly doing business as America's Wholesale Lender or its transferees the sum of
$65,500.00, plus increases in principal, if any, with interest thereon, installments of principal and
interest to be paid monthly, in substantially equal payments on the same date of each month until
maturity, all as provided in the Note.
14. As collateral security for the payment of the Note, the decedent JEFFRY T
JULIUS, executed, acknowledged, and delivered to Mortgage Electronic Registration Systems,
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Inc., as nominee for America's Wholesale Lender, a mortgage dated July 11, 2005, in the principal
"Mortgage"
amount of $65,500.00 (the "Mortgage"), which was recorded in the Office of the County Clerk of
Erie County on July 11, 2005 in Liber 13234, Page 3684, and the mortgage recording tax was duly
paid, which mortgage was assigned to Bank of America, N.A. by assignment of mortgage dated
February 18, 2016, which was recorded in the Office of the County Clerk of Erie County on
February 18, 2016 in Liber 13755, Page 3212, which mortgage was further assigned to
SPECIALIZED LOAN SERVICING LLC by assignment ofmortgage dated April 21, 2017, which
was recorded in the Office of the County Clerk of Erie County on April 28, 2017 in Liber 13809,
Page 3903.
15. The Premises encumbered by said Mortgage, with all appurtenances thereto, is
bounded and fully described in Schedule A annexed hereto and made part hereof.
16. The Note provides, inter alia, for the payment of late charges in case of default of
any installment which has become due and remained unpaid in excess of 15 days and further
provides, inter alia, for the payment of all costs and expenses, including attorney's fees in the event
the Note is referred to an attorney for collection.
17. The Mortgage obligated the Decedent, inter alia, to pay, on a monthly basis, to
plaintiff, at plaintiffs option, an amount equal to 1/12 of the annual taxes, assessments, ground
rents, and hazard and mortgage insurance premiums to become due in connection with the
Premises pursuant to the Mortgage.
18. The Mortgage provides, inter alia, for the payment of late charges in case of default
of any installment which has become due and remained unpaid in excess of 15 days.
19. The Mortgage provides, inter alia, that in the event of a default in the payment of
any principal or interest that might become due thereon, plaintiff may declare the entire
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indebtedness secured by the Mortgage immediately due and payable and commence an action to
Defendants'
foreclose the rights in the Premises and sell them pursuant to applicable law.
20. The Note and Mortgage obligates the Defendants, inter alia, to pay plaintiffs
reasonable attorney's fees in the event of a default and in any action to foreclose the Mortgage.
21. The Decedent defaulted under the terms of the Note and Mortgage by omitting and
failing to make monthly payments of principal and interest due from July 1, 2016 through date.
22. As a result of the foregoing and in accordance with itsrights under the Note and
Mortgage, plaintiff has elected to exercise its option to demand immediate payment in full of the
amounts outstanding under the Note and Mortgage and has notified the Defendants of its decision
to demand immediate payment in full.
23. As a result of the Decedent's failure to pay the obligation under the Note and
Mortgage, there is now due and owing to plaintiff on the principal of the Mortgage the sum of
$52,502.02 together with accrued interest from June 1, 2016 at the present rate of 5.375% as stated
in the Note and Mortgage, and such other payments as are set forth in the Note and Mortgage.
Notwithstanding the foregoing, plaintiff seeks the unpaid principal balance, interest arrears,
escrows and such other payments as may be due under the note and mortgage as may be collected
under applicable New York law. Plaintiff does not seek to sue or collect on any debt that may be
barred under the statute of limitations.
24. In order to protect its security, 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 payment, shall be added
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to the plaintiffs 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.
25. The Mortgage provides that, in the case of foreclosure, the mortgaged premises
may be sold in one parcel.
26. The mortgaged premises under foreclosure herein is to be sold subject to any state
of facts an accurate survey would show; and to covenants, restrictions, reservations, easements
and agreements of record, ifany, and any violations thereof; and to building restrictions and zoning
ordinances of the town or municipality in which said mortgaged premises are situated, ifany, and
any violations thereof; and to conditional bills of sale, security agreements and financing
statements filed in connection with said mortgaged premises, ifany, but only to the extent that any
of the foregoing are not barred or foreclosed by this action; and to existing tenancies, ifany, except
such tenants who are parties defendants to this action; and to all unpaid real estate taxes,
assessments, water charges and sewer rents, which are liens upon the premises but are not due or
payable as of the time of the sale. In addition, the purchaser of the mortgaged premises at the
foreclosure sale shall be required to pay all applicable local and state transfer taxes, deed stamps
or other taxes due in connection with the transfer of the mortgaged premises.
27. The plaintiff shall not be deemed to have waived, altered, released or changed the
election hereinbefore made by reason of the payment, after the date of the commencement of this
action, of any or all of the defaults mentioned herein; and such election shall continue and remain
effective until the costs and disbursements of this action, and all present and future defaults under
the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid.
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28. In the event the plaintiff possesses any other liens against the mortgaged premises
either by way of a junior mortgage or otherwise, the plaintiff requests that such other liens shall
not be merged into the cause of action set forth in this complaint, but that the plaintiff shall be
permitted to enforce said other liens and seek determination of the priority thereof in any
independent action or proceeding including without limitation any surplus money proceeding.
29. No prior action or proceeding has been commenced or is now pending to enforce
the terms of the Mortgage, or any part thereof.
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 commencement of this action and the filing
of the notice of pendency of this action, may be forever barred and foreclosed of any and allright,
title and interest, claim, lien and equity of redemption in the mortgage Premises;
B. That the Court direct that the Premises can be sold according to law, in one parcel
or otherwise as equity may require;
C. That the monies arising from the sale of the Premises may be brought into Court or
paid to the plaintiff in accordance with RPAPL§ 1354.
D. That the monies due to plaintiff on the Mortgage may be adjudged and computed;
E. That plaintiff may be paid the amount adjudged to be due on the Mortgage with
interest at the time of such payment, together with any monies advanced and paid pursuant to any
term or provision of the Mortgage so as to protect the lien of the Mortgage, and together with taxes,
insurance premiums and all other charges and liens paid thereon with interest upon said amount
from the date of the respective payments and advances, together with all amounts due by virtue of
statutory costs, allowances and attorney's fees, together with any reasonable attorney's fees over
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and above the amounts covered by the statutory attorney's fees, together with the expenses of the
sale insofar as the amount of such monies properly applicable thereto will pay the same;
F. That if the proceeds of the sale of the Premises are insufficient to pay the amount
found due to plaintiff as set forth in the immediately preceding paragraph, the officer making the
sale be required by the judgment of sale herein to specify the amount of such deficiency in the
report of sale;
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; and
H. That plaintiff has such other and further relief as may be just and proper.
Dated: Roslyn Hei hts, New York
, 2018
"
DAVID A. 0 & SOCIATES LLP
By:
David ANaTlWsq.
Attorneys for Plaintiff
99 Powerhouse Road - First Floor
Roslyn Heights, NY 11577
(516) 583-5330
583-5333 - fax
(516)
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VERIFICATION
STATE OF NEW YORK,
COUNTY OF NASSAU
David A. Gallo, ESQ. hereby affirms under the penalties of perjury and pursuant to CPLR
2106 that he/she is one of the attorneys for the plaintiff; that he/she has read the foregoing
summons and complaint and knows the contents thereof; that the same is true to his/her own
knowledge except as to matters stated to be upon information and belief, and as to those matters
he/she believes them to be true. The grounds of his/her belief as to matters not stated upon his/her
knowledge are statements and/or records provided by the plaintiff, its agents and/or employees
attorneys'
and contained in the file in the office. This verification is made pursuant to CPLR
Section 3020(d)(3) as the Plaintiff is not in the county of Nassau, which is where plaintiffs
attorneys'
office is located.
Dated: Nassau County, New York
1 -,2018
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY,
Plaintiff,
-against-
CHRISTOPHER JULIUS, et al.,
Defendant(s)
SUMMONS AND VERIFIED COMPLAINT
Signature 1 0 1 -a)
Davi a ~õ', Esq.
DAVID A. GALLO 4 ASSOCIATES LLP
Attorneys for Plaintiff
99 Powerhouse Road - First Floor
Roslyn Heights, NY 11577
(516) 583-5330
Our file#: 8275.326
To:
for
Attorney(s)
Serviceof a copy of the within is hereby admitted.
Dated:
Attorney'sfor:
Sir:-Please
take notice
Li NOTICE OF ENTRY
that the within
is a (certified)
true copy of a
dulyentered in the office
of the clerk
of the within
named courton 2018
NOTICE OF SETTLEMENT
that an order of whichthe within copy will
is a true be presented for
settlement
to the HON. one of the judges
of the within
named court,at
on 2018 at M.
Dated,
Yours,etc.
DAVID A. GALLO & ASSOCIATES LLP
Office& P.O. Address
99 Powerhouse Road - First
Floor
Roslyn NY
Heights, 11577
(516)583-5330
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FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE SPECIALIZED LOAN SERVICING, LLC, A DELAWARE Index No. LIMITED LIABILITY COMPANY, Date Filed: Plaintiff, SUMMONS -against- Plaintiff designates Erie County as the place CHRISTOPHER JULIUS, > SAMUEL CONNOR JULIUS of trial based on the A/K/A SAMUEL C. JULIUS, THE UNITED STATES OF location of the AMERICA INTERNAL REVENUE SERVICE, NEW YORK mortgaged premises in STATE DEPARTMENT OF TAXATION AND FINANCE this action. Doe" Doe" and "John and/or "Jane 0 1-10 inclusive, the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, ifany, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. We are attempting to collect a debt, and any information obtained will be used for that purpose. To the above-named defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York) or within (60) days after service of this summons if it isthe United States of America; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. -1- 1 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT This is an action to foreclose a mortgage lien on thepremises described herein. The object of the above captioned action is to foreclose a Mortgage to secure $65,500.00 and interest, recorded in the Office of the County Clerk of Erie County on July 11, 2005 in Liber 13234, Page 3684, which mortgage was assigned to Bank of America, N.A. by assignment of mortgage dated February 18, 2016, which was recorded in the Office of the County Clerk of Erie County on February 18, 2016 in Liber 13755, Page 3212, which mortgage was further assigned to SPECIALIZED LOAN SERVICING LLC by assignment of mortgage dated April 21, 2017, which was recorded in the Office of the County Clerk of Erie County on April 28, 2017 in Liber 13809, Page 3903, covering premises known as 189 HAWTHORNE AVE, TONAWANDA, COUNTY OF ERIE, STATE OF NEW YORK 14223 (Section 79.23, Block 1, Lot 1). -2- 2 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 The relief sought in the within action is a final judgment directing the sale of the premises described above. Dated: Roslyn Heights, New York ) , 2018 DAVID A. LL ~P SSOCIATES LLP lp By: David A. GElÌo, Esq Attorneys for Plaintiff 99 Powerhouse Road - First Floor Roslyn Heights, NY 11577 (516) 583-5330 583-5333 - fax (516) TO: CHRISTOPHER JULIUS 189 HAWTHORNE AVENUE TONAWANDA, NY 14223 SAMUEL CONNOR JULIUS A/K/A SAMUEL C. JULIUS 189 HAWTHORNE AVENUE TONAWANDA, NY 14223 UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY 10 METROTECH CENTER 625 FULTON STREET BROOKLYN, NY 11201 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE W.A. HARRIMAN CAMPUS ALBANY, NY 12227 -3- 3 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE SPECIALIZED LOAN SERVICING, LLC, A DELAWARE Index No. LIMITED LIABILITY COMPANY, VERIFIED Plaintiff, COMPLAINT -against- Mortgage CHRISTOPHER JULIUS, SAMUEL CONNOR JULIUS Foreclosure A/K/A SAMUEL C. JULIUS, THE UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE Doe" Doe" and "John and/or "Jane # 1-10 inclusive, the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, ifany, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. Plaintiff SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (hereinafter referred to as "SLS"), by its attorneys, David A. Gallo & Associates LLP, complains and alleges, upon information and belief, as follows: 1. This is an action to foreclose a mortgage lien on the premises described herein. 2. The plaintiff is the mortgagee and the holder of the subject note and mortgage and if not the owner, has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject note and mortgage. See attached note incorporated herein. ("Noteholder" Foreclosing party or creditor ("Noteholder"), directly or through an agent, has possession of the promissory note. The promissory note is either made payable to the Foreclosing Party or has been duly indorsed. -1- 4 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 3. Where applicable, the plaintiff has complied with all of the provisions of the Law 595-a and rules and regulations promulgated Law 6-1 or 6- Banking § thereunder, Banking § m as applicable to the subject loan, and RPAPL § 1304, as amended. 4. The plaintiff, assignee or mortgage loan servicer, has timely complied with the provisions of RPAPL § 1306. Notice" 5. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to THE ESTATE OF JEFFRY T JULIUS on August 9, 2017 to the address of the property, at 189 HAWTHORNE AVE, TONAWANDA, County of Erie, State of New York 14223 and to the Borrowers' last known address which is 189 HAWTHORNE AVENUE, TONAWANDA, NY 14223, by registered or certified and first class mail. The certified mailing bore United States Postal Service Tracking Number 7190 1110 7661 2332 7021. 6. The title of the 90 Day Notice was typed in at least fourteen (14) point font. The text following the titleof the 90 Day Notice was typed in at least fourteen (14) point font. 7. Plaintiff is,and at alltimes relevant herein was, a corporation authorized to conduct business in the State of New York, with itsprincipal place of business c/o SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, located at 8742 LUCENT BLVD, SUITE 300, HIGHLAND RANCH, CO 80129. 8. The premises, which are the subject of this action, are situated at 189 HAWTHORNE AVE, TONAWANDA, COUNTY OF ERIE, STATE OF NEW YORK 14223 "Premises" (the "Premises"). 9. CHRISTOPHER JULIUS is named as Defendant because he is the Administrator of the Estate of JEFFRY T. JULIUS A/K/A JEFFRY JULIUS, and the Heir and Distributee of the -2- 5 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 Estate of JEFFRY T. JULIUS A/K/A JEFFRY JULIUS. Upon information and belief, said defendant's last known residence is at 189 HAWTHORNE AVENUE, BUFFALO, NY 14227. 10. SAMUEL CONNOR JULIUS A/K/A SAMUEL C. JULIUS is named as Defendant because he is the Heir and Distributee of the Estate of JEFFRY T. JULIUS A/K/A JEFFRY JULIUS. Upon information and belief, said defendant's last known residence is at 189 HAWTHORNE AVENUE, BUFFALO, NY 14227. Doe" Doe" 11. "John and/or "Jane # 1-10 inclusive, are fictitious and unknown to plaintiff. They are named as defendants to designate any and all tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the Premises. 12. The following are made party defendants herein solely because they may have or claim to have a lien affecting the Premises: NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE UNITED STATES OF AMERICA The above liens are subject and subordinate to the lien of the Plaintiffs mortgage. (See, copy of Mortgage/Judgment Schedules attached hereto and made part hereof.) ("Decedent" 13. On or about July 11, 2005, decedent JEFFRY T JULIUS, ("Decedent") executed and delivered to Countrywide Home Loans, Inc., formerly doing business as America's Wholesale "Note" Lender a Note (the "Note"), whereby the Defendant agreed to pay to Countrywide Home Loans, Inc., formerly doing business as America's Wholesale Lender or its transferees the sum of $65,500.00, plus increases in principal, if any, with interest thereon, installments of principal and interest to be paid monthly, in substantially equal payments on the same date of each month until maturity, all as provided in the Note. 14. As collateral security for the payment of the Note, the decedent JEFFRY T JULIUS, executed, acknowledged, and delivered to Mortgage Electronic Registration Systems, -3- 6 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 Inc., as nominee for America's Wholesale Lender, a mortgage dated July 11, 2005, in the principal "Mortgage" amount of $65,500.00 (the "Mortgage"), which was recorded in the Office of the County Clerk of Erie County on July 11, 2005 in Liber 13234, Page 3684, and the mortgage recording tax was duly paid, which mortgage was assigned to Bank of America, N.A. by assignment of mortgage dated February 18, 2016, which was recorded in the Office of the County Clerk of Erie County on February 18, 2016 in Liber 13755, Page 3212, which mortgage was further assigned to SPECIALIZED LOAN SERVICING LLC by assignment ofmortgage dated April 21, 2017, which was recorded in the Office of the County Clerk of Erie County on April 28, 2017 in Liber 13809, Page 3903. 15. The Premises encumbered by said Mortgage, with all appurtenances thereto, is bounded and fully described in Schedule A annexed hereto and made part hereof. 16. The Note provides, inter alia, for the payment of late charges in case of default of any installment which has become due and remained unpaid in excess of 15 days and further provides, inter alia, for the payment of all costs and expenses, including attorney's fees in the event the Note is referred to an attorney for collection. 17. The Mortgage obligated the Decedent, inter alia, to pay, on a monthly basis, to plaintiff, at plaintiffs option, an amount equal to 1/12 of the annual taxes, assessments, ground rents, and hazard and mortgage insurance premiums to become due in connection with the Premises pursuant to the Mortgage. 18. The Mortgage provides, inter alia, for the payment of late charges in case of default of any installment which has become due and remained unpaid in excess of 15 days. 19. The Mortgage provides, inter alia, that in the event of a default in the payment of any principal or interest that might become due thereon, plaintiff may declare the entire 4 7 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 indebtedness secured by the Mortgage immediately due and payable and commence an action to Defendants' foreclose the rights in the Premises and sell them pursuant to applicable law. 20. The Note and Mortgage obligates the Defendants, inter alia, to pay plaintiffs reasonable attorney's fees in the event of a default and in any action to foreclose the Mortgage. 21. The Decedent defaulted under the terms of the Note and Mortgage by omitting and failing to make monthly payments of principal and interest due from July 1, 2016 through date. 22. As a result of the foregoing and in accordance with itsrights under the Note and Mortgage, plaintiff has elected to exercise its option to demand immediate payment in full of the amounts outstanding under the Note and Mortgage and has notified the Defendants of its decision to demand immediate payment in full. 23. As a result of the Decedent's failure to pay the obligation under the Note and Mortgage, there is now due and owing to plaintiff on the principal of the Mortgage the sum of $52,502.02 together with accrued interest from June 1, 2016 at the present rate of 5.375% as stated in the Note and Mortgage, and such other payments as are set forth in the Note and Mortgage. Notwithstanding the foregoing, plaintiff seeks the unpaid principal balance, interest arrears, escrows and such other payments as may be due under the note and mortgage as may be collected under applicable New York law. Plaintiff does not seek to sue or collect on any debt that may be barred under the statute of limitations. 24. In order to protect its security, 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 payment, shall be added -5- 8 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 to the plaintiffs 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. 25. The Mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. 26. The mortgaged premises under foreclosure herein is to be sold subject to any state of facts an accurate survey would show; and to covenants, restrictions, reservations, easements and agreements of record, ifany, and any violations thereof; and to building restrictions and zoning ordinances of the town or municipality in which said mortgaged premises are situated, ifany, and any violations thereof; and to conditional bills of sale, security agreements and financing statements filed in connection with said mortgaged premises, ifany, but only to the extent that any of the foregoing are not barred or foreclosed by this action; and to existing tenancies, ifany, except such tenants who are parties defendants to this action; and to all unpaid real estate taxes, assessments, water charges and sewer rents, which are liens upon the premises but are not due or payable as of the time of the sale. In addition, the purchaser of the mortgaged premises at the foreclosure sale shall be required to pay all applicable local and state transfer taxes, deed stamps or other taxes due in connection with the transfer of the mortgaged premises. 27. The plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid. -6- 9 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 28. In the event the plaintiff possesses any other liens against the mortgaged premises either by way of a junior mortgage or otherwise, the plaintiff requests that such other liens shall not be merged into the cause of action set forth in this complaint, but that the plaintiff shall be permitted to enforce said other liens and seek determination of the priority thereof in any independent action or proceeding including without limitation any surplus money proceeding. 29. No prior action or proceeding has been commenced or is now pending to enforce the terms of the Mortgage, or any part thereof. 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 commencement of this action and the filing of the notice of pendency of this action, may be forever barred and foreclosed of any and allright, title and interest, claim, lien and equity of redemption in the mortgage Premises; B. That the Court direct that the Premises can be sold according to law, in one parcel or otherwise as equity may require; C. That the monies arising from the sale of the Premises may be brought into Court or paid to the plaintiff in accordance with RPAPL§ 1354. D. That the monies due to plaintiff on the Mortgage may be adjudged and computed; E. That plaintiff may be paid the amount adjudged to be due on the Mortgage with interest at the time of such payment, together with any monies advanced and paid pursuant to any term or provision of the Mortgage so as to protect the lien of the Mortgage, and together with taxes, insurance premiums and all other charges and liens paid thereon with interest upon said amount from the date of the respective payments and advances, together with all amounts due by virtue of statutory costs, allowances and attorney's fees, together with any reasonable attorney's fees over -7- 10 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 and above the amounts covered by the statutory attorney's fees, together with the expenses of the sale insofar as the amount of such monies properly applicable thereto will pay the same; F. That if the proceeds of the sale of the Premises are insufficient to pay the amount found due to plaintiff as set forth in the immediately preceding paragraph, the officer making the sale be required by the judgment of sale herein to specify the amount of such deficiency in the report of sale; 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; and H. That plaintiff has such other and further relief as may be just and proper. Dated: Roslyn Hei hts, New York , 2018 " DAVID A. 0 & SOCIATES LLP By: David ANaTlWsq. Attorneys for Plaintiff 99 Powerhouse Road - First Floor Roslyn Heights, NY 11577 (516) 583-5330 583-5333 - fax (516) -8- 11 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 VERIFICATION STATE OF NEW YORK, COUNTY OF NASSAU David A. Gallo, ESQ. hereby affirms under the penalties of perjury and pursuant to CPLR 2106 that he/she is one of the attorneys for the plaintiff; that he/she has read the foregoing summons and complaint and knows the contents thereof; that the same is true to his/her own knowledge except as to matters stated to be upon information and belief, and as to those matters he/she believes them to be true. The grounds of his/her belief as to matters not stated upon his/her knowledge are statements and/or records provided by the plaintiff, its agents and/or employees attorneys' and contained in the file in the office. This verification is made pursuant to CPLR Section 3020(d)(3) as the Plaintiff is not in the county of Nassau, which is where plaintiffs attorneys' office is located. Dated: Nassau County, New York 1 -,2018 -9- 12 of 13 FILED: ERIE COUNTY CLERK 08/01/2018 04:55 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/01/2018 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, Plaintiff, -against- CHRISTOPHER JULIUS, et al., Defendant(s) SUMMONS AND VERIFIED COMPLAINT Signature 1 0 1 -a) Davi a ~õ', Esq. DAVID A. GALLO 4 ASSOCIATES LLP Attorneys for Plaintiff 99 Powerhouse Road - First Floor Roslyn Heights, NY 11577 (516) 583-5330 Our file#: 8275.326 To: for Attorney(s) Serviceof a copy of the within is hereby admitted. Dated: Attorney'sfor: Sir:-Please take notice Li NOTICE OF ENTRY that the within is a (certified) true copy of a dulyentered in the office of the clerk of the within named courton 2018 NOTICE OF SETTLEMENT that an order of whichthe within copy will is a true be presented for settlement to the HON. one of the judges of the within named court,at on 2018 at M. Dated, Yours,etc. DAVID A. GALLO & ASSOCIATES LLP Office& P.O. Address 99 Powerhouse Road - First Floor Roslyn NY Heights, 11577 (516)583-5330 13 of 13