On August 01, 2018 a
Answer
was filed
involving a dispute between
Specialized Loan Servicing, Llc, A Delaware Limited Liability Company,
and
Christopher Julius,
If Any, Having Or Claiming An Interest In Or Lien Upon The Premises Described In The Complaint,,
John Doe And Or Jane Doe # 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,
New York State Department Of Taxation And Finance,
Samuel Connor Julius A K A Samuel C. Julius,
The United States Of America Internal Revenue Service,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
Specialized Loan Servicing, LLC,
Index No. 812184/2018
Plaintiff,
v.
VERIFIED ANSWER TO
Samuel Julius, et al., FORECLOSURE COMPLAINT
Defendant(s).
Defendant Samuel Julius answers as follows:
I generally deny each allegation of the Complaiñt, including that Plaintiff isthe owner of the
note and mortgage.
I plead the following Defenses and Counterclaims:
n Lack of Standing: Plaintiff, upon information and belief,does not own the note and
mõrtgage. Plaintiff therefore does not have standing to sue because itwas not the legal
owner of the note and/or mortgage at the time it co·=c··ced thisforeclosure lawsuit.
a Foreclosure Cause of Action: Plaintiff, upon information and belief, does not own the note
and mortgage. Because ownership of the note and mortgage is an e!emant 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 infoññation and
belief, Plaintiff may not sue on allor part of the mortgage debt because Plaintiffcommenced
this action more than six years afterthe debt became due.
a Additionally, the entire foreclosure action istime-barred by the statute of limitations
because Plaintiff com-menced thisaction more than sixyears after itaccelerated the
mortgage debt. Defendant requests that the mortgage be cancelled and discharged
pursuant toNY Real Property Actions and Proceedings Law § 1501(4).
o Service of Process (NY Civil Practice Law and Rules § 308): 1 was not properly served with
process in this action for the following reason(s):
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o Notice of Default: Pisiñtifffailed to comply with the requirements for the notice of default in
my mortgage loan agreement, a condition precedent to this foreclosure action.
a Reverse M6rigage-Notice Requirements: Plaintifffailed to comply with the notice
requirements under New York and/or federal law or failed to comply with contractual
requirements of the reverse mortgage, which are conditioñs precedent to this foreclosure
action.
a Reverse Mortgage-Failure to Specify Alleged Default: The complaint is vague and does
not specify the alleged default and/or the amount(s) plaintiff claims in thisaction.
a Reverse Mortgage-Foreclosure on a Reverse Mortgage for Property Charge Defaults
is Against Public Policy: The purpose of reverse mortgage loans under the Home Equity
Conversion Mortgage ("HECM") program isto assist senior citizens to stay in their homes,
and reverse mortgage lenders have other remedies in the event of alleged failure to pay
property charges. Plaintiff,accordingly, as a matter of equity and public policy, should not be
permitted to foreclose.
a 90-Day Notice Requirement (NY Real Property Actions and Proceedings Law § 1304):
Plaintiff failedto comply with the requirements of NY Real Property Actions and
Procccdiñgs Law § 1304, a condition precedent to thisforeclosure action.
o 90-Day Notice Filing Requirement (NY Real Property and Proceedings Law § 1306):
Plaintifffailed to comply with the requirements of NY Real Property and Proceedings Law §
1306, 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 tocomply 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 thisaction because there isa prior pending action to
recover allor part of the mortgage debt.
a Real Estate Settlement Procedures Act Early Intervention Requirement (12 C.F.R. §
1024.39): Upon information and belief, Plaintiffviolated the early intervention requirements
of the Real Estate Settlement Procedures Act becaüse (check one or both ifapplicable):
o Within 36 days of my delinquency, the loan servicer did not enempt to establish live
contact with me to inform me about the availability of loss mitigation options.
o Within 45 days ofmy delinquency, the loan servicer did not send me a written notice
thatincluded contact information for the servicer, a description of loss mitigatiõñ
options available from the servicer, information about applying for loss mitigation,
and a website listing housing counselors.
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a 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 ifapplicable):
o Plaintiffcommenced 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
c~meenced thisaction (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.
a FHA Pre-Foreclosure Requirements: My loan is insured by the Federal Housing
Administration. Upon infounation and belief,the loan servicer/mcitgagee has not complid
with regulations of the Department of Housing and Urban Development hesee the loan
servicer/mortgagee did not do one or more of the following ( check all that are applicable):
o Send me a notice of default before the end of the second month of my delinquency
(24 C.F.R. § 203.602).
o Attempt to arrange a face-to-face interview with me before three full monthly
instanments due under the mortgage were unpaid (24 C.F.R. § 203.604).
o Evaluate me for loss mitigation before four fullmonthly instanments due under the
mortgage were unpaid (24 C.F.R. § 203.605).
a Wait until three full monthly installments due under the mortgage were unpaid before
commencing this foreclosure action (24 C.F.R. § 203.606)
o 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 requirements of
NY Civil Practice Law and Rules § 3012-b.
a Request for Judicial Intervention (NY Codes, Rules and Regulations Title 22, § 202.12-
a(b)): Upon information and belief, Plaintiff did not filea Request for Judicial Intervention.
It Attorney's Fees (NY Real Property Law § 282): If Iretain counsel, I am entitledto recover
my attorney's fees in defending this action pursuant to New York Real Property Law § 282.
a Excessive Interest and Fees (NY Civil Practice Law and Rules § 3408(f)): In a prior
foreclosure action, Plaintiff failed to negotiate in good faithpursuant to CPLR 3408(f). This
failure to negotiate in good faithhas caused excessive interest and fees to accrue which
Plaintiff,as a matter of equity and by operation of the CPLR, isnot entitled to recover.
o Excessive Interest (NY Civil Practice Law and Rules § 5001(a)): Plaintiff has unreasonably
delayed filing thisaction, failedto file the Request for Judicial Intervention or engaged in
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other dilatory conduct causing excessive interest to accrue which the Court may reduce or
toll,as a matter of equity and by operation of the CPLR.
o Action Commenced Against a Deccased Party: This action is a nullity because itwas
commenced against Defendant __ _ afterthat party was already
deces-1 and before a personal represcñtative was app^inted and itshould therefore be
dismissed.
]q Payment or Partial Payment: I have paid, in whole or in part,the ements claimed by
Plaintiff.
a Other Defenses or Counterclaims (attach ääditional pages ifneeded):
Wherefore, Defendant requests thatthe Compkint be dismissed; thatthe relief reqüested
attorneys'
by Defendant be granted in itsentirety; that Defeñdañt be granted costs and fees ifhe
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or she retains counsel; and any other relief allowed by law deemed just and proper by this Court
in the exercise of itsequity jurisdiction in this foreclosure action.
Dated: Of 21 , 20
, New York
, Defendant Pro Se
(Defendant's Signatwe)
Samuel Julius
(Defendant's Name)
189 IIawthorne Ave.
(Defendant's Address)
Tonawanda, NY14223
(Defendant's Address)
(Defendant's Telephone Number)
o Prepared with the assisiäñce of counsel admittëd in New York.
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FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018
HRIFICATION
Samuel Julius statethat the within
I, , being duly sworn,
Answer istrue to the best of my kñowledge, except as to those matters alleged upon infoñnation
and belief, which I believe to be true
Samuel Julius
fendant'
(D ame)
(Defendant's Signature)
Sworn to and subscribed before me this
7;2tJ6 day of otT1%ff , 20 A
Notary Pub 1
STEPHENCHO
NOTARYPUBLIC-STATEOF NEWYORK
No. 02CH6316417
in Erie County
Qualified
!4 CorrmssionExpiresDecerrcer15,2018
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FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018
A FFIDAVIT OF SERVICE
STEPHEN CHO VERIFIED ANSWER TO FORECLOSURE
l. , served the within
COMPLAINT on Plaintiff'sattorney as follows (attorney's name and address):
David Gallo & Assoc.
99 Powerhouse Rd, 1st Fl.
Roslyn Heights, NY 11577
I served the VERIFIED ANSWER TO FORECLOSURE COMPLAINT
by the following method (check all that apply):
2 firstclass mail
a certified mail
a certified mail, return receipt requested
a overnight delivery service
o facsimile
o personal delivery.
22 of DCT4ft
on the day , 20_l___.
I am eighteen years or older and I am not a Defendant in thislawsuit.
Signature:
Print Name:
STE N CHO
Sworn to and subsc bed before me this
Notary ic
MAff)fEW ALAN pAW1AMF9'
OF NCW
NOTARYPUBLtC-5TATE
No. 02PA622d3 j 7
Quchfiedin Ene Cou
28, 0
Commluion Expires June
My
7 of 7
Preview
FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE Specialized Loan Servicing, LLC, Index No. 812184/2018 Plaintiff, v. VERIFIED ANSWER TO Samuel Julius, et al., FORECLOSURE COMPLAINT Defendant(s). Defendant Samuel Julius answers as follows: I generally deny each allegation of the Complaiñt, including that Plaintiff isthe owner of the note and mortgage. I plead the following Defenses and Counterclaims: n Lack of Standing: Plaintiff, upon information and belief,does not own the note and mõrtgage. Plaintiff therefore does not have standing to sue because itwas not the legal owner of the note and/or mortgage at the time it co·=c··ced thisforeclosure lawsuit. a Foreclosure Cause of Action: Plaintiff, upon information and belief, does not own the note and mortgage. Because ownership of the note and mortgage is an e!emant 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 infoññation and belief, Plaintiff may not sue on allor part of the mortgage debt because Plaintiffcommenced this action more than six years afterthe debt became due. a Additionally, the entire foreclosure action istime-barred by the statute of limitations because Plaintiff com-menced thisaction more than sixyears after itaccelerated the mortgage debt. Defendant requests that the mortgage be cancelled and discharged pursuant toNY Real Property Actions and Proceedings Law § 1501(4). o Service of Process (NY Civil Practice Law and Rules § 308): 1 was not properly served with process in this action for the following reason(s): 1 of 7 FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018 o Notice of Default: Pisiñtifffailed to comply with the requirements for the notice of default in my mortgage loan agreement, a condition precedent to this foreclosure action. a Reverse M6rigage-Notice Requirements: Plaintifffailed to comply with the notice requirements under New York and/or federal law or failed to comply with contractual requirements of the reverse mortgage, which are conditioñs precedent to this foreclosure action. a Reverse Mortgage-Failure to Specify Alleged Default: The complaint is vague and does not specify the alleged default and/or the amount(s) plaintiff claims in thisaction. a Reverse Mortgage-Foreclosure on a Reverse Mortgage for Property Charge Defaults is Against Public Policy: The purpose of reverse mortgage loans under the Home Equity Conversion Mortgage ("HECM") program isto assist senior citizens to stay in their homes, and reverse mortgage lenders have other remedies in the event of alleged failure to pay property charges. Plaintiff,accordingly, as a matter of equity and public policy, should not be permitted to foreclose. a 90-Day Notice Requirement (NY Real Property Actions and Proceedings Law § 1304): Plaintiff failedto comply with the requirements of NY Real Property Actions and Procccdiñgs Law § 1304, a condition precedent to thisforeclosure action. o 90-Day Notice Filing Requirement (NY Real Property and Proceedings Law § 1306): Plaintifffailed to comply with the requirements of NY Real Property and Proceedings Law § 1306, 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 tocomply 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 thisaction because there isa prior pending action to recover allor part of the mortgage debt. a Real Estate Settlement Procedures Act Early Intervention Requirement (12 C.F.R. § 1024.39): Upon information and belief, Plaintiffviolated the early intervention requirements of the Real Estate Settlement Procedures Act becaüse (check one or both ifapplicable): o Within 36 days of my delinquency, the loan servicer did not enempt to establish live contact with me to inform me about the availability of loss mitigation options. o Within 45 days ofmy delinquency, the loan servicer did not send me a written notice thatincluded contact information for the servicer, a description of loss mitigatiõñ options available from the servicer, information about applying for loss mitigation, and a website listing housing counselors. 2 2 of 7 FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018 a 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 ifapplicable): o Plaintiffcommenced 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 c~meenced thisaction (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. a FHA Pre-Foreclosure Requirements: My loan is insured by the Federal Housing Administration. Upon infounation and belief,the loan servicer/mcitgagee has not complid with regulations of the Department of Housing and Urban Development hesee the loan servicer/mortgagee did not do one or more of the following ( check all that are applicable): o Send me a notice of default before the end of the second month of my delinquency (24 C.F.R. § 203.602). o Attempt to arrange a face-to-face interview with me before three full monthly instanments due under the mortgage were unpaid (24 C.F.R. § 203.604). o Evaluate me for loss mitigation before four fullmonthly instanments due under the mortgage were unpaid (24 C.F.R. § 203.605). a Wait until three full monthly installments due under the mortgage were unpaid before commencing this foreclosure action (24 C.F.R. § 203.606) o 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 requirements of NY Civil Practice Law and Rules § 3012-b. a Request for Judicial Intervention (NY Codes, Rules and Regulations Title 22, § 202.12- a(b)): Upon information and belief, Plaintiff did not filea Request for Judicial Intervention. It Attorney's Fees (NY Real Property Law § 282): If Iretain counsel, I am entitledto recover my attorney's fees in defending this action pursuant to New York Real Property Law § 282. a Excessive Interest and Fees (NY Civil Practice Law and Rules § 3408(f)): In a prior foreclosure action, Plaintiff failed to negotiate in good faithpursuant to CPLR 3408(f). This failure to negotiate in good faithhas caused excessive interest and fees to accrue which Plaintiff,as a matter of equity and by operation of the CPLR, isnot entitled to recover. o Excessive Interest (NY Civil Practice Law and Rules § 5001(a)): Plaintiff has unreasonably delayed filing thisaction, failedto file the Request for Judicial Intervention or engaged in 3 3 of 7 FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018 other dilatory conduct causing excessive interest to accrue which the Court may reduce or toll,as a matter of equity and by operation of the CPLR. o Action Commenced Against a Deccased Party: This action is a nullity because itwas commenced against Defendant __ _ afterthat party was already deces-1 and before a personal represcñtative was app^inted and itshould therefore be dismissed. ]q Payment or Partial Payment: I have paid, in whole or in part,the ements claimed by Plaintiff. a Other Defenses or Counterclaims (attach ääditional pages ifneeded): Wherefore, Defendant requests thatthe Compkint be dismissed; thatthe relief reqüested attorneys' by Defendant be granted in itsentirety; that Defeñdañt be granted costs and fees ifhe 4 4 of 7 FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018 or she retains counsel; and any other relief allowed by law deemed just and proper by this Court in the exercise of itsequity jurisdiction in this foreclosure action. Dated: Of 21 , 20 , New York , Defendant Pro Se (Defendant's Signatwe) Samuel Julius (Defendant's Name) 189 IIawthorne Ave. (Defendant's Address) Tonawanda, NY14223 (Defendant's Address) (Defendant's Telephone Number) o Prepared with the assisiäñce of counsel admittëd in New York. 5 5 of 7 FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018 HRIFICATION Samuel Julius statethat the within I, , being duly sworn, Answer istrue to the best of my kñowledge, except as to those matters alleged upon infoñnation and belief, which I believe to be true Samuel Julius fendant' (D ame) (Defendant's Signature) Sworn to and subscribed before me this 7;2tJ6 day of otT1%ff , 20 A Notary Pub 1 STEPHENCHO NOTARYPUBLIC-STATEOF NEWYORK No. 02CH6316417 in Erie County Qualified !4 CorrmssionExpiresDecerrcer15,2018 6 6 of 7 FILED: ERIE COUNTY CLERK 10/24/2018 11:47 AM INDEX NO. 812184/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/24/2018 A FFIDAVIT OF SERVICE STEPHEN CHO VERIFIED ANSWER TO FORECLOSURE l. , served the within COMPLAINT on Plaintiff'sattorney as follows (attorney's name and address): David Gallo & Assoc. 99 Powerhouse Rd, 1st Fl. Roslyn Heights, NY 11577 I served the VERIFIED ANSWER TO FORECLOSURE COMPLAINT by the following method (check all that apply): 2 firstclass mail a certified mail a certified mail, return receipt requested a overnight delivery service o facsimile o personal delivery. 22 of DCT4ft on the day , 20_l___. I am eighteen years or older and I am not a Defendant in thislawsuit. Signature: Print Name: STE N CHO Sworn to and subsc bed before me this Notary ic MAff)fEW ALAN pAW1AMF9' OF NCW NOTARYPUBLtC-5TATE No. 02PA622d3 j 7 Quchfiedin Ene Cou 28, 0 Commluion Expires June My 7 of 7