On March 02, 2021 a
Letter,Correspondence
was filed
involving a dispute between
U.S. Bank National Association, Successor In Interest To Bank Of America, National Association, As Trustee, Successor By Merger To Lasalle Bank National Association As Trustee For Bear Sterns Asset Backed Securities Trust 2003-Abf1, Mortgage Pass-Through Certificates, Series 2003-Abf1,
and
Alonzo Nunez,
Carlos Nunez,
County Of Nassau,
Discover Bank,
Edgardo Nunez,
Henry Smith,
Jose Garcia,
Joseph Charles,
Manuel Flores,
Martin Flores,
Mauricio Martinez,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Nassau County.
Preview
Eckert Seamans Cherin & Mellott, LLC TEL 914 949 2909
10 Bank Street FAX 914 949 5424
Suite 700 www.eckertseamans.com
White Plains, NY 10606
Phionah N. Brown, Esq.
Direct Dial:
(914) 286-2633
pbrown@eckertseamans.com
February 22, 2021
Via First Class Mail
Pallvi Babbar, Esq.
Babbar & Associates, P.C.
1975 Hempstead Turnpike, Suite 301
East Meadow, NY 11554
Re: U.S. Bank National Association v. Joseph Charles
Supreme Court, Nassau County, Index No. 005900/2016
ESCM File No.: 312276-00584
Dear Ms. Babbar:
As you will recall, this office represents the Plaintiff in the above-referenced foreclosure action.
Please be advised that the Emergency COVID-19 Eviction and Foreclosure Prevention Act of
2020 became effective December 28, 2020 (the “Act”). Pursuant to the Act, a mortgagor in a
pending residential foreclosure action may claim a hardship related to the COVID-19 pandemic
by submitting a “Mortgagor’s Declaration of COVID-19 Related Hardship.” A copy of the
Hardship Declaration, along with the Notice to Mortgagor, is enclosed herewith.
Please do not hesitate to contact the undersigned if you have any questions.
Best regards,
Phionah N. Brown
Phionah N. Brown
Encl.
cc: Joseph Charles
327 Winthrop Street
Westbury, NY 11590
{V0690900.1}
Index Number (if known/applicable): County and Court (if known/applicable):
NOTICE TO MORTGAGOR:
If you have lost income or had increased costs during the COVID-19 pandemic,
and you sign and deliver this hardship declaration form to your mortgage lender or
other foreclosing party, you cannot be foreclosed on until at least May 1, 2021. If
your mortgage lender or other foreclosing party provided you with this form, the
mortgage lender or other foreclosing party must also provide you with a mailing
address and e-mail address to which you can return this form. If you are already in
foreclosure proceedings, you may return this form to the court. You should keep a
copy or picture of the signed form for your records. You will still owe any unpaid
mortgage payments and lawful fees to your lender. You should also keep careful
track of what you have paid and any amount you still owe.
MORTGAGOR’S DECLARATION OF
COVID-19-RELATED HARDSHIP
I am the mortgagor of the property at (address of dwelling unit):
Including my primary residence, I own, whether directly or indirectly, ten or fewer
residential dwelling units. I am experiencing financial hardship, and I am unable to
pay my mortgage in full because of one or more of the following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing essential
work or related to health impacts during the COVID-19 pandemic.
3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or
sick family member during the COVID-19 pandemic have negatively affected
my ability or the ability of someone in my household to obtain meaningful
employment or earn income or increased my necessary out-of-pocket expenses.
4. Moving expenses and difficulty I have securing alternative housing make it a
hardship for me to relocate to another residence during the COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negatively affected
my ability to obtain meaningful employment or earn income or have significantly
reduced my household income or significantly increased my expenses.
6. One or more of my tenants has defaulted on a significant amount of their rent
payments since March 1, 2020.
To the extent I have lost household income or had increased expenses, any public
assistance, including unemployment insurance, pandemic unemployment assistance,
disability insurance, or paid family leave, that I have received since the start of the
COVID-19 pandemic does not fully make up for my loss of household income or
increased expenses.
I understand that I must comply with all other lawful terms under my mortgage
agreement. I further understand that lawful fees, penalties or interest for not having
paid my mortgage in full as required by my mortgage agreement may still be charged
or collected and may result in a monetary judgment against me. I also understand
that my mortgage lender or other foreclosing party may pursue a foreclosure action
against me on or after May 1, 2021, if I do not fully repay any missed or partial
payments and lawful fees.
Signed:
Printed name:
Date signed:
NOTICE: You are signing and submitting this form under penalty of law. That
means it is against the law to make a statement on this form that you know is false.
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
..
COUNTY OF WESTCHESTER )
Angel Cabrera, being duly sworn, deposes and says: deponent is not a party to this action,
is over 18 years of age and resides in Westchester County, New York
On February 22, 2021, deponent served the within COVER LETTER AND NOTICE
TO MORTGAGOR WITH MORTGAGOR'S DECLARATION OF COVID-19
RELATED HARDSHIP upon:
Pallvi Babbar, Esq. Joseph Charles
Babbar & Associates, P.C. 327 Winthrop Street
1975 Hempstead Turnpike, Suite 301 Westbury, NY 11590
East Meadow, NY 11554
Attorney for Defendant
Joseph Charles
XX By depositing a true copy thereof in a post-paid wrapper, in an official depository under the
care and custody of the United States Postal Service within the State of New York.
Angel rera
22nd
Sworn to before me this day of February, 2021.
Magdal a Femandez
NOTARY PUBLIC, State of NewYork
No. Ol FE6224970
Qualifiedin WestchesterCounty
Commission ExpiresJuly 19, 2022
{V0691015.1}
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Eckert Seamans Cherin & Mellott, LLC TEL 914 949 2909 10 Bank Street FAX 914 949 5424 Suite 700 www.eckertseamans.com White Plains, NY 10606 Phionah N. Brown, Esq. Direct Dial: (914) 286-2633 pbrown@eckertseamans.com February 22, 2021 Via First Class Mail Pallvi Babbar, Esq. Babbar & Associates, P.C. 1975 Hempstead Turnpike, Suite 301 East Meadow, NY 11554 Re: U.S. Bank National Association v. Joseph Charles Supreme Court, Nassau County, Index No. 005900/2016 ESCM File No.: 312276-00584 Dear Ms. Babbar: As you will recall, this office represents the Plaintiff in the above-referenced foreclosure action. Please be advised that the Emergency COVID-19 Eviction and Foreclosure Prevention Act of 2020 became effective December 28, 2020 (the “Act”). Pursuant to the Act, a mortgagor in a pending residential foreclosure action may claim a hardship related to the COVID-19 pandemic by submitting a “Mortgagor’s Declaration of COVID-19 Related Hardship.” A copy of the Hardship Declaration, along with the Notice to Mortgagor, is enclosed herewith. Please do not hesitate to contact the undersigned if you have any questions. Best regards, Phionah N. Brown Phionah N. Brown Encl. cc: Joseph Charles 327 Winthrop Street Westbury, NY 11590 {V0690900.1} Index Number (if known/applicable): County and Court (if known/applicable): NOTICE TO MORTGAGOR: If you have lost income or had increased costs during the COVID-19 pandemic, and you sign and deliver this hardship declaration form to your mortgage lender or other foreclosing party, you cannot be foreclosed on until at least May 1, 2021. If your mortgage lender or other foreclosing party provided you with this form, the mortgage lender or other foreclosing party must also provide you with a mailing address and e-mail address to which you can return this form. If you are already in foreclosure proceedings, you may return this form to the court. You should keep a copy or picture of the signed form for your records. You will still owe any unpaid mortgage payments and lawful fees to your lender. You should also keep careful track of what you have paid and any amount you still owe. MORTGAGOR’S DECLARATION OF COVID-19-RELATED HARDSHIP I am the mortgagor of the property at (address of dwelling unit): Including my primary residence, I own, whether directly or indirectly, ten or fewer residential dwelling units. I am experiencing financial hardship, and I am unable to pay my mortgage in full because of one or more of the following: 1. Significant loss of household income during the COVID-19 pandemic. 2. Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic. 3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pandemic have negatively affected my ability or the ability of someone in my household to obtain meaningful employment or earn income or increased my necessary out-of-pocket expenses. 4. Moving expenses and difficulty I have securing alternative housing make it a hardship for me to relocate to another residence during the COVID-19 pandemic. 5. Other circumstances related to the COVID-19 pandemic have negatively affected my ability to obtain meaningful employment or earn income or have significantly reduced my household income or significantly increased my expenses. 6. One or more of my tenants has defaulted on a significant amount of their rent payments since March 1, 2020. To the extent I have lost household income or had increased expenses, any public assistance, including unemployment insurance, pandemic unemployment assistance, disability insurance, or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of household income or increased expenses. I understand that I must comply with all other lawful terms under my mortgage agreement. I further understand that lawful fees, penalties or interest for not having paid my mortgage in full as required by my mortgage agreement may still be charged or collected and may result in a monetary judgment against me. I also understand that my mortgage lender or other foreclosing party may pursue a foreclosure action against me on or after May 1, 2021, if I do not fully repay any missed or partial payments and lawful fees. Signed: Printed name: Date signed: NOTICE: You are signing and submitting this form under penalty of law. That means it is against the law to make a statement on this form that you know is false. AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: .. COUNTY OF WESTCHESTER ) Angel Cabrera, being duly sworn, deposes and says: deponent is not a party to this action, is over 18 years of age and resides in Westchester County, New York On February 22, 2021, deponent served the within COVER LETTER AND NOTICE TO MORTGAGOR WITH MORTGAGOR'S DECLARATION OF COVID-19 RELATED HARDSHIP upon: Pallvi Babbar, Esq. Joseph Charles Babbar & Associates, P.C. 327 Winthrop Street 1975 Hempstead Turnpike, Suite 301 Westbury, NY 11590 East Meadow, NY 11554 Attorney for Defendant Joseph Charles XX By depositing a true copy thereof in a post-paid wrapper, in an official depository under the care and custody of the United States Postal Service within the State of New York. Angel rera 22nd Sworn to before me this day of February, 2021. Magdal a Femandez NOTARY PUBLIC, State of NewYork No. Ol FE6224970 Qualifiedin WestchesterCounty Commission ExpiresJuly 19, 2022 {V0691015.1}