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  • Christine Marie Aardal v. Neal Conway, Ashley Conway, People Of The State Of New York, State Of Ny Dept. Of Taxation & Finance, Harrietstown Town/Village Court, Lvnv Funding LlcReal Property - Mortgage Foreclosure - Residential document preview
  • Christine Marie Aardal v. Neal Conway, Ashley Conway, People Of The State Of New York, State Of Ny Dept. Of Taxation & Finance, Harrietstown Town/Village Court, Lvnv Funding LlcReal Property - Mortgage Foreclosure - Residential document preview
  • Christine Marie Aardal v. Neal Conway, Ashley Conway, People Of The State Of New York, State Of Ny Dept. Of Taxation & Finance, Harrietstown Town/Village Court, Lvnv Funding LlcReal Property - Mortgage Foreclosure - Residential document preview
  • Christine Marie Aardal v. Neal Conway, Ashley Conway, People Of The State Of New York, State Of Ny Dept. Of Taxation & Finance, Harrietstown Town/Village Court, Lvnv Funding LlcReal Property - Mortgage Foreclosure - Residential document preview
  • Christine Marie Aardal v. Neal Conway, Ashley Conway, People Of The State Of New York, State Of Ny Dept. Of Taxation & Finance, Harrietstown Town/Village Court, Lvnv Funding LlcReal Property - Mortgage Foreclosure - Residential document preview
  • Christine Marie Aardal v. Neal Conway, Ashley Conway, People Of The State Of New York, State Of Ny Dept. Of Taxation & Finance, Harrietstown Town/Village Court, Lvnv Funding LlcReal Property - Mortgage Foreclosure - Residential document preview
  • Christine Marie Aardal v. Neal Conway, Ashley Conway, People Of The State Of New York, State Of Ny Dept. Of Taxation & Finance, Harrietstown Town/Village Court, Lvnv Funding LlcReal Property - Mortgage Foreclosure - Residential document preview
  • Christine Marie Aardal v. Neal Conway, Ashley Conway, People Of The State Of New York, State Of Ny Dept. Of Taxation & Finance, Harrietstown Town/Village Court, Lvnv Funding LlcReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: FRANKLIN COUNTY CLERK 09/11/2020 09:41 AM INDEX NO. E2020-360 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/11/2020 STATE OF NEW YORK SUPREME COURT, COUNTY OF FRANKL1N Christine Marie Aardal, VERIFIED ANSWER OF NEAL Plaintiff, CONWAY AND ASHLEY CONWAY -against- Index No.: E2020-360 RJI No.: 16-1-2020-0161 Neal Conway and Ashley Conway, People of the State of New York, State of NY Dept. Of Taxation & Finance, Harrietstown Town/Village Court, LVNV Funding LLC Defendants. Defendants, Neal Conway and Ashley Conway, through their attorney Brian S. Stewart, answer the Complaint herein as follows: 1. Admit each and every allegation of the following paragraphs of the Complaint: 3, 8, 9, 10, 11, 12, 18 and 19. 2. As to paragraph 2 of the Complaint, admit that Plaintiff is an individual and deny knowledge or information sufficient to form a belief as to each and every other allegation of the paragraph. 3. Deny knowledge or information sufficient to form a belief as to each and every allegation of the following paragraphs of the Complaint: 1, 4, 5, 6, 7, 13, 17, and 26. 4. Deny each and every allegatioñ of the following paragraphs of the Complaint: 15, 16, 23, 24, and 25. 5. As to paragraphs 20, 21 and 22 apparently originally set forth all or in part on page 6 of the Complaint, the Conway defendants deny each and every allegation of such paragraphs and affirmatively allege that the said page 6 is not included in the copy of the Complaint filed with the Court and, upon information and belief, such page 6 was never served upon the Conway defendants. 6. Deny each and every allegation not specifically admitted or denied above. 1 of 6 FILED: FRANKLIN COUNTY CLERK 09/11/2020 09:41 AM INDEX NO. E2020-360 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/11/2020 Hands." First Afru·mative Defense, "Unclean 7. The premises described in the Mortgage and in the Complaint were insured, with plaintiff named as mortgagee on the said insurance policy. 8. On or about September 6, 2019 the subject premises were damaged by fire to a point where the property was rendered uninhabitable. 9. The insurance company, Central Cooperative Insurance Company, of Baldwinsville, NY, agreed to pay $22,117.00 on the fire claim. On January 17, 2020 they issued their check jointly to the Conway defendants and to plaintiff. 10. Plaintiff refused to cooperate with the Conway defendants in using the funds for the repair of the home. Plaintiff took the position that she was entitled to take all or almost all of the insurance payment and keep it without using it to repair the property to its former condition. As of the date of this Answer the plaintiff is still to cooperate refusing with the Conway defendants in order to allow the home to be repaired. As of the date of this Answer the said check has still not been cashed due to the refusal and intransigence of the plaintiff. 11. Upon information and belief the plaintiff intentionally refused to cooperate with the Conway defendants in repairiñg the fire damage in an effort to force the Conway defendants to abandon the property and forfeit their accumulated equity. 12. Conway defendants lack funds sufficient to pay for the repairs required at the home. 13. Plaintiff's refusal to ress0ñâbly cooperate with the repair of the home was a violation of her implied contractual obligation of good faith and fair dealing. 14. According to the Complaiñt, the original principal amount of the Note and Mortgage was $73,880.45. Further, according to paragraph 18 of the Complaiñt, the plaintiff asserts that the principal balance now due is only $4,942.28. This is only about 6.6% of the origiñal principal balance. Further, it is less than 1/4 of the insurance proceeds. 15. As a result of plaintiff's unreasonable refusal to allow the Conway defendants to use the insurance proceeds to repair the the defendanta were rendered homeless. home, Conway 2 of 6 FILED: FRANKLIN COUNTY CLERK 09/11/2020 09:41 AM INDEX NO. E2020-360 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/11/2020 16. The Conway defendants eventually were forced to purchase another home and to temporarily abandon the home which is the subject of this foreclosse. 17. Completion of the foreclosure will have the '== result of the completely âry wasting equity which the Conway defendants have built up in their home. 18. This action for a residential foreclosure is an equitable action to which the standard equitable defenses apply. 19. Plaintiff should be estopped and prevented from continuing this foreclosure proceeding hands." by the doctrine of "unclean Second Affirmative Defense; Foreclosure Moratorium under Law and Executive Order 20. The Conway defendants repeat and reallege each and every allegation set forth above. 21. The State of New York, like the rest of the world, is in the middle of the Covid 19 virus pa4=in In response the Governor of the State of New York issued Executive Order 202.28 placing a moratorium on, among other things, residential foreclosures. That moratorium extended for 60 days from June 20, 2020 to August 19, 2020. 22. This residential foreclosure action was commenced by filing on July 17, 2020. 23. At the time that this foreclosure was co=-enced the Conway defendants faced financial hardship due to the COVID-19 pandemic. 24. This residential foreclosure action is banned pursuant to the Executive Order set forth above. CONTINUED ON NEXT PAGE 3 of 6 FILED: FRANKLIN COUNTY CLERK 09/11/2020 09:41 AM INDEX NO. E2020-360 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/11/2020 Wherefore the Conway defendants respectfully request an Order of this Court dismissing the Complaint herein, requiring the plaintiff to make appropriate arrangements for the payment of the fire insurance proceeds to the Conway defendants for repair of the premises and for such other and further relief as to the Court may seem just and proper. Dated: September 10, 2020 Brian S. Stewart Attorney for Ashley and Neal Conway 367 W. Main St, Suite 3, Malone, NY 12953 518-481-8200 To: John Crotty, Esq Nicles, Bracy & Mucia, PLLC 46-48 Cornelia St PO Box 2729 Plattsburgh, NY 12901 4 of 6 FILED: FRANKLIN COUNTY CLERK 09/11/2020 09:41 AM INDEX NO. E2020-360 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/11/2020 VERIFICATION Ashley Conway, being duly sworn, deposes and says that deponent is a defendant in the within action; that deponent has read the foregoing Answer and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matter einsta lleged on information and belief, and that as to those mattprs p t be e.. to be true. s way Sworn to before me on September 10, 2020 NOTARY PUBLIC BRIAN S STEWART Notary Public, State of New York No. 02ST4780543 Qualified in Franklin Commission County Expires September 30, 20__ 5 of 6 FILED: FRANKLIN COUNTY CLERK 09/11/2020 09:41 AM INDEX NO. E2020-360 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/11/2020 TRAW3TS 8 14A 0 we½io e1s18 .oiklum psto oY . 85B0Pñ6T890 .014 nib!nnfi ni beftils00 inuo 6 of 6