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FILED:
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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DEUTSCHE BANK NATIONAL TRUST COMPANY Index No.:
AS TRUSTEE FOR LONG BEACH MORTGAGE Date Filed:
LOAN TRUST 2004-3, ASSET-BACKED
CERTIFICATES, SERIES 2004-3,
Plaintiff,
SUMMONS
-against- Plaintiff designates Orange County
as the Place of Trial
WILLIAM LEWIS; HOA T. NGO; OMNI CREDIT
SERVICES OF FLORIDA, INC.; ERIN CAPITAL Designation of Venue is based upon
CAPITAL ONE AUTO the situs of the Subject Property
MANAGEMENT, LLC;
FINANCE, INC.; THE BANK OF NEW YORK AS
Subject Property:
TRUSTEE UNDER THE POOLING AND
73 CARPENTER ROAD
SERVICING AGREEMENT DATED AS OF
NEW HAMPTON, NY 10958
NOVEMBER 1, 1996 FOR METROPOLITAN ASSET
FUNDING, INC., MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 1996-A,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property
described in the Complaint,
Defendants.
â€â€â€â€â€â€â€â€
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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 Attorney 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
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Summons is not personally delivered to you within the State of New York) in the event the
United States of America is made a party defendant, the time to answer for the said United States
of America shall not expire until sixty (60) days after service of the Summons; 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.
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 the mortgage company will not stop the 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.
Dated: 8/1/2018
Westbury, New York
RAS Boriskin, LLC
Attorney for Plaintiff
BY:
[ ] S R )RISKIN, ESQ.
[ ] ANT ONY CELLUCCI, ESQ.
CIANNETTE SHACHTER, ESQ.
[ ] ALECIA C. DANIEL, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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DEUTSCHE BANK NATIONAL TRUST Index No.:
COMPANY AS TRUSTEE FOR LONG BEACH Date Filed:
MORTGAGE LOAN TRUST ASSET-
2004-3,
BACKED CERTIFICATES, SERIES 2004-3,
Plaintiff,
COMPLAINT
-against-
Subject Property:
M
LEWIS. NGO. 73 CARPENTER ROAD
WILLIAM LEWIS; HOA T. NGO; OMNI CREDIT
NEMMON, NY
SERVICES OF FLORIDA, INC.; ERIN CAPITAL
MANAGEMENT, LLC; CAPITAL ONE AUTO
FINANCE, INC.; THE BANK OF NEW YORK AS
TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF
NOVEMBER 1, 1996 FOR METROPOLITAN
ASSET MORTGAGE PASS-
FUNDING, INC.,
THROUGH CERTIFICATES, SERIES 1996-A,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
Subject Property described in the Complaint,
Defendants.
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The Complaint of the above-referenced Plaintiff, by its attorneys, RAS Boriskin, LLC,
complains and alleges upon information and belief as follows:
NATURE OF THIS ACTION
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1. This action is brought pursuant to Article 13 of the Real Property and Proceedings
Law for foreclosure of the mortgage dated March 16, 2004 and recorded on May 27, 2004, in
Official Records Book 11511 at Page Number 1625 of the Public Records of the County of
Mortgage"
ORANGE, State of New York (hereinafter referred to as the "Subject Mortgage"). The Mortgage
Tax was duly paid.
Property"
2. The premises (hereinafter referred to as "Subject Property") which forms the
"A"
subject of this action is fully described in Schedule attached hereto.
PARTIES
3. At all times hereinafter mentioned, Plaintiff was and remains, organized and
existing under the laws of the United States of America or of the State of its formation.
4. Upon information and belief, Defendant(s) WILLIAM LEWIS, at all relevant
times, maintain(s) a residence within the State of New York and is/are the mortgagor(s) pursuant
to the Subject Mortgage. The description and interest of the above-referenced Defendant(s) is/are
"B"
more fully set forth in Schedules and "C", respectively. See RPAPL §§§ 1311, 1312, and
1313.
5. Upon information and belief, the remaining Defendant(s), if any and not further
set forth hereinbelow, as identified in Schedule "B", are named solely for the reasons set forth in
Schedule "C". See RPAPL §§§ 1311, 1312, and 1313.
#1" #12"
6. Defendants "JOHN DOE through "JOHN DOE are additional persons
or parties intended being the tenants, occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313.
RELEVANT FACTS
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7. On or about March 16, 2004, WILLIAM LEWIS, duly executed, acknowledged,
Note"
and delivered a note (hereinafter referred to as the "Subject Note") wherein and whereby
WILLIAM LEWIS, promised to repay the sum of $260,000.00 in monthly payments plus
interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard
"A"
and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit is a copy
of the Subject Note.
8. Plaintiff, directly or through an agent maintains physical and/or constructive
possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject
Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff
and/or such party having delegated authority to Plaintiff, prior to the commencement of the
instant action.
9. On or about March 16, 2004, as collateral and to secure the repayment of the sum
represented by the Subject Note, WILLIAM LEWIS, duly executed, acknowledged and
"B"
delivered the Subject Mortgage. Annexed hereto as Exhibit is a copy of the Subject
Mortgage.
10. The Subject Mortgage secures the real property commonly known as 73
CARPENTER ROAD, TOWN OF WAWAYANDA, NEW HAMPTON, NEW YORK 10958
and by Section 24, Block 1, Lot 43, together with all fixtures, appurtenances, and articles of
personal property annexed thereto, installed therein, or used in connection with the in addition to
all right, title,and interest of the Defendants in and to the land lying in the streets and roads in
"A"
front of adjoining said Subject Property. Annexed hereto as Schedule is a copy of the legal
description.
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11. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of
Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove.
12. Said loan was modified. As evidence of the modification, a Loan Modification
Agreement dated January 27, 2016 was executed. As a result of the foregoing, if not already
paid, Plaintiff shall pay the requisite mortgage tax attributed to the Loan Modification
Agreement, if any, prior to the Judgment of Foreclosure and Sale.
13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or
having been delegated the requisite authority to commence a mortgage foreclosure action by the
owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges
upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
14. That Plaintiff repeats and realleges each and every allegation contained in
"1" "13"
paragraphs through paragraphs above with the same force and effect as if set forth at
lengthherein.
15. That WILLIAM LEWIS defaulted on his/her/their obligation having failed to
comply with the conditions of the Subject Note by withholding the payment amount that became
due on February 1, 2018, and plaintiff is entitled to enforce its security interest against
WILLIAM LEWIS pursuant to the terms of the Subject Mortgage. As of August 01, 2018, said
default has not been cured. There is now the amount of $232,920.78, plus interest, taxes,
assessments, leasehold payments or ground rents (if any), together with hazard and mortgage
insurance, if applicable, due and owing to Plaintiff.
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16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to
the extent required by the underlying loan documents, however, Defendant(s) continued default
remains uncured.
17. That Plaintiff has complied with those provisions of Real Property and
Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require.
18. That by reason of the aforementioned default(s), Plaintiff hereby declares the
balance of the principal indebtedness to be immediately due and owing.
19. That based upon the foregoing, there is now due and owing from the Borrower(s)
to the Plaintiff, the principal sum of $232,920.78 plus interest thereon from January 01, 2018, in
addition to those accumulated late charges and those recoverable monies advanced by Plaintiff
and/or Plaintiff's predecessor-in-interest on behalf of WILLIAM LEWIS, together with all costs,
attorneys'
including but not limited to, fees, disbursements, and further allowances provided
pursuant to the underlying loan documents and applicable law in bringing any action to protect
the Mortgagee's interest in the Subject Property.
20. That 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 any and all future defaults
under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are
fully paid.
21. That to protect its security afforded by the Subject Note and Mortgage, itmay be
necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which
are, or may become liens on the Subject Property, and any other charges for the protection of the
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Subject Property, and Plaintiff hereby demands that any amounts which may be so expended
shall be added to the amount of the principal sum secured by said note and mortgage, together
with interest from the time of any such payment, and that the same be paid to the Plaintiff from
the proceeds of the foreclosure sale herein.
22. That Plaintiff further alleges that allDefendant(s), including those not specifically
identified as executors of the underlying loan documents, have or may claim to have, some
interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any,
is subject and subordinate to the lien of the mortgage being foreclosed herein.
23. That the sale of the Subject Property and title thereto are subject to the state of
facts an accurate survey will show; all covenants, restrictions, easements, agreements and
reservations, if any, of record, and to any and all violations thereof; any and all building and
zoning regulations, restrictions and ordinances of the municipality in which said premises are
situated, and to any violations of the same, including, but not limited to, reapportionment of lot
lines, and vault charges, if any; any and all orders or requirements issued by any governmental
body having jurisdiction against or affecting said premises and any violation of the same; the
physical condition of any building or structure on the premises as of the date of closing
hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of any
defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials
in the premises including, but not limited to, flammable explosives, radioactive materials,
hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other
conditions as set forth in the terms of sale more particularly to be announced at the sale.
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24. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any
rules and regulations promulgated thereunder together with Banking Law §§ 6-1 and 6-m.
25. That Plaintiff further alleges that no other proceedings have resulted in the
collection of any part of the mortgaged debt or if any such action is pending, a final judgment
was not rendered in favor of Plaintiff and such action is intended to be discontinued.
AS AND FOR A SECOND CAUSE OF ACTION
26. That Plaintiff repeats and realleges each and every allegation contained in
"1" "25"
paragraphs through paragraphs above with the same force and effect as if set forth at
length herein.
27. This action is brought pursuant to Article 15 of the New York State Real Property
Actions and Proceedings Law to bar defendant(s) THE BANK OF NEW YORK AS TRUSTEE
UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1,
1996 FOR METROPOLITAN ASSET FUNDING, INC., MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 1996-A, from any right, title, or interest in and to the premises
located at 73 CARPENTER ROAD, TOWN OF WAWAYANDA, NEW HAMPTON, NEW
YORK 10958 and by Section: 24; Block: 1; Lot: 43.
28. Plaintiff is the holder of the subject note and mortgage referenced above.
29. Upon review of a foreclosure search it was determined that the following
defendant has an interest or claim in the real property which cannot be extinguished in the
foreclosure action: THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1996 FOR METROPOLITAN
ASSET FUNDING, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-A.
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30. THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1996 FOR METROPOLITAN
ASSET FUNDING, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-A
is named a defendant by virtue of the fact that itholds a prior mortgage which is adverse to
party
Plaintiffs interest and which remains open of record as follows:
Dated: April 28, 1988
Recording Date: May 19, 1988
Book 3057 at Page 270
County of ORANGE
In the Amount of $146,250.00
31. Upon information and belief, all defendants are known and have been, or will be,
joined in this action. Plaintiff lacks any information indicating whether any defendant is, or
might be, an infant, mentally retarded, mentally illor an alcohol abuser.
32. Upon information and belief, there are no persons not in being or ascertained at
the commencement of this action who by any contingency contained in a devise or otherwise,
could afterward become entitled to a beneficial estate or interest in the property involved in this
action, and any judgment rendered herein will not and may not affect any such person not in
being or not ascertained at the time of the commencement of the action.
33. The senior mortgage of Defendant(s) THE BANK OF NEW YORK AS
TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF
NOVEMBER 1996 FOR METROPOLITAN ASSET MORTGAGE PASS-
1, FUNDING, INC.,
THROUGH CERTIFICATES, SERIES 1996-A, appears to be prior and adverse to the mortgage
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Preview
FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11: 43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 1 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ---------------------------------------------------------------------X DEUTSCHE BANK NATIONAL TRUST COMPANY Index No.: AS TRUSTEE FOR LONG BEACH MORTGAGE Date Filed: LOAN TRUST 2004-3, ASSET-BACKED CERTIFICATES, SERIES 2004-3, Plaintiff, SUMMONS -against- Plaintiff designates Orange County as the Place of Trial WILLIAM LEWIS; HOA T. NGO; OMNI CREDIT SERVICES OF FLORIDA, INC.; ERIN CAPITAL Designation of Venue is based upon CAPITAL ONE AUTO the situs of the Subject Property MANAGEMENT, LLC; FINANCE, INC.; THE BANK OF NEW YORK AS Subject Property: TRUSTEE UNDER THE POOLING AND 73 CARPENTER ROAD SERVICING AGREEMENT DATED AS OF NEW HAMPTON, NY 10958 NOVEMBER 1, 1996 FOR METROPOLITAN ASSET FUNDING, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-A, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. â€â€â€â€â€â€â€â€ ---------------------------------------------------------------------X 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 Attorney 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 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 18-182473 - StG 11 of of 40 40 FILED: FILED: ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11:43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 11 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; 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. 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 the mortgage company will not stop the 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. Dated: 8/1/2018 Westbury, New York RAS Boriskin, LLC Attorney for Plaintiff BY: [ ] S R )RISKIN, ESQ. [ ] ANT ONY CELLUCCI, ESQ. CIANNETTE SHACHTER, ESQ. [ ] ALECIA C. DANIEL, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 18-182473 - StG 2 2 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11: 43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 1 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE -------------------------------------------------------------------X DEUTSCHE BANK NATIONAL TRUST Index No.: COMPANY AS TRUSTEE FOR LONG BEACH Date Filed: MORTGAGE LOAN TRUST ASSET- 2004-3, BACKED CERTIFICATES, SERIES 2004-3, Plaintiff, COMPLAINT -against- Subject Property: M LEWIS. NGO. 73 CARPENTER ROAD WILLIAM LEWIS; HOA T. NGO; OMNI CREDIT NEMMON, NY SERVICES OF FLORIDA, INC.; ERIN CAPITAL MANAGEMENT, LLC; CAPITAL ONE AUTO FINANCE, INC.; THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1996 FOR METROPOLITAN ASSET MORTGAGE PASS- FUNDING, INC., THROUGH CERTIFICATES, SERIES 1996-A, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. -------------------------------------------------------------------X The Complaint of the above-referenced Plaintiff, by its attorneys, RAS Boriskin, LLC, complains and alleges upon information and belief as follows: NATURE OF THIS ACTION 18-182473 - StG 33 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11: 43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 1 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 1. This action is brought pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the mortgage dated March 16, 2004 and recorded on May 27, 2004, in Official Records Book 11511 at Page Number 1625 of the Public Records of the County of Mortgage" ORANGE, State of New York (hereinafter referred to as the "Subject Mortgage"). The Mortgage Tax was duly paid. Property" 2. The premises (hereinafter referred to as "Subject Property") which forms the "A" subject of this action is fully described in Schedule attached hereto. PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4. Upon information and belief, Defendant(s) WILLIAM LEWIS, at all relevant times, maintain(s) a residence within the State of New York and is/are the mortgagor(s) pursuant to the Subject Mortgage. The description and interest of the above-referenced Defendant(s) is/are "B" more fully set forth in Schedules and "C", respectively. See RPAPL §§§ 1311, 1312, and 1313. 5. Upon information and belief, the remaining Defendant(s), if any and not further set forth hereinbelow, as identified in Schedule "B", are named solely for the reasons set forth in Schedule "C". See RPAPL §§§ 1311, 1312, and 1313. #1" #12" 6. Defendants "JOHN DOE through "JOHN DOE are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313. RELEVANT FACTS 18-182473 - StG 44 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08 13 2018 11:43 11 :4 3 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 / / AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 1 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 7. On or about March 16, 2004, WILLIAM LEWIS, duly executed, acknowledged, Note" and delivered a note (hereinafter referred to as the "Subject Note") wherein and whereby WILLIAM LEWIS, promised to repay the sum of $260,000.00 in monthly payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard "A" and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit is a copy of the Subject Note. 8. Plaintiff, directly or through an agent maintains physical and/or constructive possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 9. On or about March 16, 2004, as collateral and to secure the repayment of the sum represented by the Subject Note, WILLIAM LEWIS, duly executed, acknowledged and "B" delivered the Subject Mortgage. Annexed hereto as Exhibit is a copy of the Subject Mortgage. 10. The Subject Mortgage secures the real property commonly known as 73 CARPENTER ROAD, TOWN OF WAWAYANDA, NEW HAMPTON, NEW YORK 10958 and by Section 24, Block 1, Lot 43, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the in addition to all right, title,and interest of the Defendants in and to the land lying in the streets and roads in "A" front of adjoining said Subject Property. Annexed hereto as Schedule is a copy of the legal description. 18-182473 - StG 55 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11:43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 1 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 11. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove. 12. Said loan was modified. As evidence of the modification, a Loan Modification Agreement dated January 27, 2016 was executed. As a result of the foregoing, if not already paid, Plaintiff shall pay the requisite mortgage tax attributed to the Loan Modification Agreement, if any, prior to the Judgment of Foreclosure and Sale. 13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commence a mortgage foreclosure action by the owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 14. That Plaintiff repeats and realleges each and every allegation contained in "1" "13" paragraphs through paragraphs above with the same force and effect as if set forth at lengthherein. 15. That WILLIAM LEWIS defaulted on his/her/their obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on February 1, 2018, and plaintiff is entitled to enforce its security interest against WILLIAM LEWIS pursuant to the terms of the Subject Mortgage. As of August 01, 2018, said default has not been cured. There is now the amount of $232,920.78, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff. 18-182473 - StG 66 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11: 43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 11 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to the extent required by the underlying loan documents, however, Defendant(s) continued default remains uncured. 17. That Plaintiff has complied with those provisions of Real Property and Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require. 18. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 19. That based upon the foregoing, there is now due and owing from the Borrower(s) to the Plaintiff, the principal sum of $232,920.78 plus interest thereon from January 01, 2018, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff's predecessor-in-interest on behalf of WILLIAM LEWIS, together with all costs, attorneys' including but not limited to, fees, disbursements, and further allowances provided pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee's interest in the Subject Property. 20. That 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 any and all future defaults under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are fully paid. 21. That to protect its security afforded by the Subject Note and Mortgage, itmay be necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the Subject Property, and any other charges for the protection of the 18-182473 - StG 77 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11: 43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 11 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the Plaintiff from the proceeds of the foreclosure sale herein. 22. That Plaintiff further alleges that allDefendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 23. That the sale of the Subject Property and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. 18-182473 - StG 8 8 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11: 43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 11 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 24. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any rules and regulations promulgated thereunder together with Banking Law §§ 6-1 and 6-m. 25. That Plaintiff further alleges that no other proceedings have resulted in the collection of any part of the mortgaged debt or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. AS AND FOR A SECOND CAUSE OF ACTION 26. That Plaintiff repeats and realleges each and every allegation contained in "1" "25" paragraphs through paragraphs above with the same force and effect as if set forth at length herein. 27. This action is brought pursuant to Article 15 of the New York State Real Property Actions and Proceedings Law to bar defendant(s) THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1996 FOR METROPOLITAN ASSET FUNDING, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-A, from any right, title, or interest in and to the premises located at 73 CARPENTER ROAD, TOWN OF WAWAYANDA, NEW HAMPTON, NEW YORK 10958 and by Section: 24; Block: 1; Lot: 43. 28. Plaintiff is the holder of the subject note and mortgage referenced above. 29. Upon review of a foreclosure search it was determined that the following defendant has an interest or claim in the real property which cannot be extinguished in the foreclosure action: THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1996 FOR METROPOLITAN ASSET FUNDING, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-A. 18-182473 - StG 9 9 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11: 43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 1 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018 08/13/2018 30. THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1996 FOR METROPOLITAN ASSET FUNDING, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-A is named a defendant by virtue of the fact that itholds a prior mortgage which is adverse to party Plaintiffs interest and which remains open of record as follows: Dated: April 28, 1988 Recording Date: May 19, 1988 Book 3057 at Page 270 County of ORANGE In the Amount of $146,250.00 31. Upon information and belief, all defendants are known and have been, or will be, joined in this action. Plaintiff lacks any information indicating whether any defendant is, or might be, an infant, mentally retarded, mentally illor an alcohol abuser. 32. Upon information and belief, there are no persons not in being or ascertained at the commencement of this action who by any contingency contained in a devise or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved in this action, and any judgment rendered herein will not and may not affect any such person not in being or not ascertained at the time of the commencement of the action. 33. The senior mortgage of Defendant(s) THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1996 FOR METROPOLITAN ASSET MORTGAGE PASS- 1, FUNDING, INC., THROUGH CERTIFICATES, SERIES 1996-A, appears to be prior and adverse to the mortgage 18-182473 - StG 10 10 of of 40 40 FILED: FILED : ORANGE ORANGE COUNTY COUNTY CLERK CLERK 08/13/2018 08/13/2018 11:43 11: 43 AM INDEX INDEX NO. NO. EF008505-2018 EF008505-2018 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 1 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/13/2018