Preview
INDEX NO. E156572/2015
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/06/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
~~ ---X
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY
Plaintiff
VS
INDEX #
TRUDI A. MOAG AS EXECUTRIX OF THE
ESTATE OF GERTRUDE S. BECKERICH ,
PEOPLE OF THE STATE OF NEW YORK,
JOHN DOE (being fictitious, the names
unknown to Plaintiff intended to be tenants,
occupants, persons or corporations having or
claiming an interest in or lien upon the property
described in the complaint or their heirs at law,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors.)
Defendant(s)
wane ene en eeennn
NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING
SUPREME COURT CASES
PLEASE TAKE NOTICE that plaintiff(s)/petitioner(s) [defendant(s)/respondent(s)] in the case
captioned above intends that this matter proceed as an electronically-filed case in the New York State
Courts Electronic Filing System (“NYSCEF”) in accordance with the procedures therefor, set forth in
Uniform Rule 202.5-b and described below. Under that Rule, filing and service of papers by electronic
means cannot be made by a party nor can electronic service be made upon a party unless that party has
consented to use of the System for the case in question. Each party served with this Notice must
promptly file with the court and serve on all other parties either a consent or a declination of consent to
electronic filing and service through NYSCEF for this case. (See Instruction # 2 below).
General Information
Electronic filing offers significant benefits for attorneys and litigants, permitting documents to be
filed with the County Clerk and the court and served, between or among consenting parties, by posting
the documents on the NYSCEF Website, which can be done at any time of the day or night on any day
of the week. There is no fee to use the NYSCEF System, whether for filing, service, or consultation of
the electronic docket, nor is there a charge to print documents from the docket. Normal filing fees must
be paid, but this can be done by credit or bank card on-line. For additional procedures and information,
see Uniform Rule 202.5-b, any e-filing protocol that may have been promulgated by the court in
question, and the NYSCEF Website at www.nycourts.gov/efile.
Instructions
Service of this Notice constitutes consent to e-filing and a statement of intent by the undersigned
to use the NYSCEF System in this case. When an action or proceeding is being commenced
through the NYSCEF System, this Notice must accompany service of the initiating papers.
Each party served with this Notice may consent to e-filing either: (i) by filing with the court and
serving on all parties of record a consent to e-filing, or (ii) if an authorized e-filing user, by filing
a consent electronically in the manner provided at the NYSCEF site. Parties who do not wish to
consent must file and serve a written declination of consent. If one party or some but fewer than
all parties consent, NYSCEF may be used by and between or among consenting parties.
Each participating attorney, unless already registered, or self-represented party must
PROMPTLY create a NYSCEF account and obtain the confidential Filing User Identification
Number and Password necessary to use the system. To create a NYSCEF account, go to
www.nycourts.gov/efile, click the Create an Account link, and follow the instructions.
For additional information about NYSCEF, see the User’s Manual and Frequently Asked
Questions on the Website, or contact the court in question or the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: efile@nycourts.gov ; mailing address: 60 Centre Street, New
York, New York 10007).
. 81S, IS,
Dat
ADA IN WWW
Sarah K. Hyman, Esq.
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
(716)204-1700 (Phone)
(716)204-1702 (Fax)
e-filing@grosspolowy.com (Email)
Attorney(s) for Plaintiff.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
heater See ERRe RS
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY
Plaintiff SUMMONS
vs
TRUDI A. MOAG AS EXECUTRIX OF THE
INDEX #
ESTATE OF GERTRUDE S. BECKERICH ,
PEOPLE OF THE STATE OF NEW YORK,
ORIGINAL FILED WITH THE
CLERK ON:
JOHN DOE (being fictitious, the names
unknown to Plaintiff intended to be tenants,
MORTGAGE PREMISES:
occupants, persons or corporations having or
326 OAKDALE DRIVE
claiming an interest in or lien upon the property
NORTH TONAWANDA NY
described in the complaint or their heirs at law,
14120
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors.)
SBL #: 175.20 - 1 - 56
Defendant(s)
Sala ita iia aaa
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and
to serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days after the service of
this Summons, exclusive of the day of service, or within thirty (30) days after completion of service
where service is made in any other manner than by personal delivery within the State. The United States
of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of
service hereof. 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 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.
Niagara County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
paren: AUSUSL 5, L015
arah K. Hyman, Esq
Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel.: (716)204-1700
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
aS RRR ASSIS DC OR trea
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY
Plaintiff COMPLAINT
VS
INDEX #:
TRUDI A. MOAG AS EXECUTRIX OF THE
ESTATE OF GERTRUDE S. BECKERICH , MORTGAGE PREMISES:
PEOPLE OF THE STATE OF NEW YORK, 326 OAKDALE DRIVE
NORTH TONAWANDA, NY 14120
JOHN DOE (being fictitious, the names
unknown to Plaintiff intended to be tenants, SBL #: 175.20 - 1 - 56
occupants, persons or corporations having or
claiming an interest in or lien upon the property
described in the complaint or their heirs at law,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors.)
Defendant(s)
SLCC ECS RETO RN CNUSSNEDECEAesreenn=n,
The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the
Defendant(s) alleges upon information and belief as follows:
1 Plaintiff is a limited liability company organized under the laws of the State of
Delaware and is the holder of the subject note and mortgage with delegated authority to institute
this mortgage foreclosure action by the owner and holder of the subject note and mortgage.
Attached here as Schedule A is an attorney certified copy of the original note.
2. On or about December 14, 2010, Gertrude S. Beckerich (who died on December 11,
2014, a resident of the county of Niagara, State of New York) executed and delivered a note
whereby Gertrude S. Beckerich promised to pay the sum of all Loan Advances plus interest.
3 As security for the payment of the note Gertrude S. Beckerich (who died on
December 11, 2014, a resident of the county of Niagara, State of New York) duly executed and
delivered a mortgage, up to a maximum principal amount of $204,000.00 which was recorded as
follows.
Recording Date: December 22, 2010
Instrument Number: 2010-21503
Niagara County Clerk
The mortgage was subsequently assigned to Bank of America, N.A.
The mortgage was subsequently assigned to Champion Mortgage Company.
4. Gertrude S. Beckerich also executed and delivered a Home Equity Conversion Loan
Agreement, more commonly known as a "Reverse Mortgage Agreement", which required the
lender to pay the sums secured by the Mortgage to the borrower on a periodic basis, instead of in
one lump sum at the time the loan documents were executed. Said Agreement provides that the
loan is due upon the borrower's death.
5. The borrower Gertrude S. Beckerich died on December 11, 2014.
6. Although Plaintiff advanced the monies required pursuant to the Note and Home
Equity Conversion Loan Agreement, the borrower(s) have failed to comply with the terms and
provisions of the Mortgage and said instrument(s) secured by said Mortgage, by failing and
omitting to pay the balance due and owing upon the borrower's death.
7. The default has continued beyond the applicable grace period set forth in the
Mortgage, and by reason thereof, Plaintiff has elected and hereby elects to declare immediately
due and payable the entire unpaid balance.
8. That the mortgage was duly recorded (and mortgage tax due thereon was paid) in the
Office of the Niagara County Clerk at the place and time which appears thereon.
9. The mortgaged property is known as 326 Oakdale Drive, North Tonawanda, NY
14120. The tax map designation is SECTION 175.20, BLOCK 1, LOT 56.
10. As of July 31, 2015, there was due and owing the amount of 131,421.14, which
consists of all Loan Advances to said date.
11. Pursuant to the terms of the Note, Mortgage and Home Equity Conversion Loan
Agreement, Loan Advances may continue for interest, mortgage insurance premiums, servicing
fees, property charges including, but not limited to, hazard insurance premiums, grounds rents
and special assessments, and for protection of the property and the Plaintiff's security interest in
the property. Plaintiff requests that any and all Loan Advances not included in the Amount Due
set forth in paragraph 10 above, with interest thereon pursuant to the Note, together with
Plaintiff's costs and disbursements, additional allowances and reasonable attorney's fees, be
included in the amount adjudged due the Plaintiff in this action as provided for and secured by
the Mortgage
12. The defendant(s) claim an interest or lien encumbering the property, which is either
subordinate to Plaintiffs mortgage, or paid in full, equitably subordinated, or adverse to
Plaintiff's mortgage. The interest or lien of each defendant is set forth in "Schedule C" of this
complaint.
13. The interest or lien of any governmental entity of the United States, State, City or
local government is set forth in "Schedule D" of this complaint.
14. The John Doe defendant(s) unknown are tenants, occupants, persons or corporations,
heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or
successors whose interest or lien is either subordinate to Plaintiffs mortgage, paid in full,
equitably subordinated, or adverse to Plaintiffs mortgage. If the mortgagor or owner is
deceased, the John Doe defendant(s) are the unknown heirs at law, distributees, executors,
administrators, trustees, guardians, assignees, creditors or successors of the mortgagors or
owners.
15. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and
Proceedings Law, and the mortgage was originated in compliance with all provisions of section
595-a of the Banking Law and any rules or regulations promulgated there under, and, if
applicable, sections 6-1 or 6-m of the Banking law.
16. No action was brought to recover any part of the mortgage debt or if any such action
is pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff to
discontinue it.
WHEREFORE, PLAINTIFF DEMANDS:
a. Judgment determining the amount due Plaintiff for principal, interest, late
charges, taxes, assessments, insurance, maintenance and preservation of the
property and other similar charges, together with costs, allowances, expenses of
sale, reasonable attorney's fees, all with interest.
That the property be sold at auction to the highest bidder in accordance with the
referee's terms of sale.
That the interest of the defendant(s) and all persons claiming by or through them
be foreclosed and their title, right, claim, lien, interest or equity of redemption to
the property be forever extinguished.
That out of the sale proceeds, the Plaintiff be paid the amounts due for principal,
interest, late charges, taxes, assessments, insurance, maintenance and preservation
of the property, and other similar charges, together with costs, allowances,
expenses of sale, reasonable attorney's fees, all with interest.
That the property be sold in as is condition and subject to the facts an inspection
or accurate survey of the property would disclose, covenants, restrictions,
easements and public utility agreements of record, building and zoning ordinances
and violations, and the equity of redemption of the United States of America.
That Plaintiff may purchase the property at the sale.
That a receiver be appointed for the property, if requested by Plaintiff.
That if the Plaintiff possesses other liens against the property, they not merge with
the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be
allowed to share in any surplus proceeds resulting from the sale.
That the Court award Plaintiff additional relief that is just, equitable and proper.
arah K. Hyman, Esq.
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Schedule A
Attached here as Schedule A is an attorney certified copy of the original note. If applicable,
certain non-public personal information has been redacted from the attached document.
YRAIT
» é ROWORM2SS69F
CLOSED-! (D FIXED RATE NOTE
(QLOME EQUITY CONVERSION)
FHA Case No. 972-4242672/951
Loan No. 13898630
DECEMBER 14, 2010
326 OAKDALE DRIVE, NORTH TONAWANDA, NEW YORK 14120
Property Address)
1. DEFINITIONS
“Borrower” means cach person signing at the end of this Note.
“Lender means
M&T BANK 3
and its sticcessors and assigns, "Secretary" means théSecretary of Housing and Urban Development or his or her anthorized
representatives.
2, BORROWER'S PROMISE TO PAY; INTEREST
In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms ofa Home Equity Conversion
Loan Agreement dated DECEMBER 14, 2010 (’Loan Agreement"), Borrower promises to pay to the order of Lender a
principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. Al] amounts advanced by
Lenéer, plus interest, ifnot due earliez, are due and payable on AUGUST 2, 2074 « Interest will be charged on unpaid
principal at the rate of FOUR AND 99/100 percent ( 4.990 %) per year until the full amount of principal has been
paid. Accrued interest sbull be added to the principal balance as 4 Loan Advance at the end of each month.
3, PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as
this Note aud called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note,
4, MANNER OF PAYMENT
(A) Time
: Borrower shall pay all outsianding principal and accrved interest to Lender upon receipt of a notice by Lender requiring
immediate payment in full, as provided in Paragraph 6 of this Note
(B) Place
Peyment shall be made at
M&T BANK
LEOUNTAIN PLAZA, 6TH FLOOR
BUFFALO, NEW YORK 14203 or at such other place as Lender
may designate in writing by notice to Borrower,
(©) Limitation of Liability
Borrower shall have no personal liability for payment of this Note. Lender shall enforce the debt only through sale of the
Property covered by the Security Instrument ("Property"). If this Note is signed to the Secretary, the Borrower shall not be
liable for any difference between morgage insurance benefits paid to Lender and the outstanding indebtedness, including,
accrued interest, owed by Borrower at the time of the assignment
5, BORROWER'S RIGHT TO PREPAY
‘A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of
debi prepaid il first be applied to reduce the principal balance of the Second Nole described in Paragraph 10 of this Note and then to
reduce the pal balance af this Note.
All prepayments of the principal balance shall he applied by Lender as follows:
st, fo that portion of the principal balance representing aggregate payments for mortgage insurance premiums;
Second, to that portion of the prin 1a] balance representing aggregate payments for servicing, fees;
Thied, to that portion of the principal balance representing accraed interest due under the Note; and
Fourth, to the remaining portion of the principal batance.
To the extent Borrower prepays any outstanding balance under this Note, such amounts will no longer be available to be
sdvunced under this Note,
6. IMMEDIATE PAYMENT IN FULL
(A) Death or Sale
Lender may require immediate payment in full of ell outstanding principal and accrued int st, i
(i) A Borrower dies and er dy is not the principal residence af at least one surviving Horrower, of
ii) All of« Borrower's le the Property (or s or her beneficial interest in a trust owning all or part of the Prope
sold or othe wise tan: and ng oth Barre rer relais fille ta the Property in fee simpte or ta Jeasehotd under 4
v0 for noti th 99 years whi is ee able or a lease having s temaining period of| than 50 eyed the
date of the 100th bisthds a he est Borrower or retains a life estate (or retaining a ben: al intere ina rast with
such an interest in the Property),
Services
capsars UNHECM aN Oh Ree CAEL of
&
@ @
13898630
(B) Other Grounds
Lender may require immediate payment in fall of all outstanding principal and accrued interest, wpo approval by an
authorized representative of the Secretary, if:
(0 The Property ceases to be the principal residence ofa Borrower for reasons other than death and the Property is not the
principal residence of at least one sther Borrower;
ii) For a period of longer tan 12 consecutive mouths, a Borrower fails to physically occupy the Property because of
physical or mental illness and the Property is not the principal residence of at least one other Borrower; or
ii) An obligation of the Borrower uncer the Security Instrument is not performed.
(©) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, the debt enforced through sale of the Property may
include casts and expenses, including reasonable and customary attorney's fees, essociated with enforcement of this Note to the
extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as
the principal of this Note,
(@) Trusts
Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or
conveyances of @ trust's intevests in the Property to a Borrower, shall not be considered @ conveyance for purposes of this
Paragraph, A trust shall not be corsidered an occttpant or be considered as having principal residence for purposes of this
Paragraph,
7. WALVERS
Borrower waives the rights of presentment and notice of dishonor. "Presentment means the right to require Lender to demand
payment of amounts due. “Notice of dishonor” means the right to require Lender to give notice to other persons that amounts due
have not heen paid. .
& GIVING OF NOTICES
Unless applicable law requires a different method, any notice that mnust be given to Borrower under this Note will be given
delivering it or BY mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has
given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9, OBLIGATIONS OF PERSONS UNDER THIS NOTE.
If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Lender
may enforce its rights under this Note only through sale of Property,
10. RELATIONSHIP TO SECOND NOTE,
(A) Second Note
Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to
Section 255(i)(1)(A) of the Netional Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a
Second Note to the Secretary,
(B) Relationship of Secretary Payments to this Note
Payments made by the Secretary shall not be included in the debt due under this Note unless:
This Note is assigned to the Secretary; or
) The Secretary accepts reimbursement by the Lender forall payments made by the Secretary.
If the circumstances described in (i) or (i) occur, then all payments by the Secretary, including interest on the payments,
shall be included in the debt.
(©) Effect on Borrower
Where there is no assignment or reisnbursement as described in (B)(i) or (ji) and the Secretary makes payments to Bonower,
then Borrower shall not:
G) Be requized to pay amounts owed under this Note until the Secretary has required payment in full of all outstanding
principal and accrued interest under the Second Note held by Secretary, notwithstanding anything to the contrary in
Paragraph 6 of this Note; or
Gi) Be obligated io pay interest under this Note at ony time, whether accrued before or after the paymenis by the Sec "%,
and whether or aot accrued interest has been incInded in the principal halanceof this Note, notwithstanding any! to the
contrary in Para, me h 2 of this Note or any Allonge to this Note.
(Acknowledgments on following paye)
g ax Doses ECM Note
oung
Se NUH nF
6
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13898630
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
Biole 3 StaksurveeA (Seal)
GERTRUDE S. BECKERICH ~Rorrower
B Se ue
ch
eM) 2 tr
ALLONGE TO NOTE
December 14, 2010
ALLONGE TO THAT CERTAIN NOTE DATED:.
LOAN #
13898630
$204,000.00
IN THE AMOUNT OF
326 Oakdale Drive
North Tonawanda, New York 14120
PROPERTY ADDRESS
Gertrude S. Beckerich
FROM:
LENDER: M&T BANK
PAY TO THE ORDER OF
Bank of America, N.A. , a National Banking Association - WITHOUT RECOURSE
BY: oll
Noelle Podoba, AVP
FOR: M&T Bank
PAY TO THE ORDER
OF
WITHOUT RECOURSE
BA OFNK
AMERICA, NLA. «
Pursuant to CPLR 2105 | have compared
BY, ja landte_,
this document with the origina! and found MICHELE SJ NDER
itto bea true and complete copy.
SENIOR VICE PRESIDENT #7
as
Signed:: li
nome eben Viet ay
Schedule B — Legal Description
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of North Tonawanda,
County of Niagara, State of New York, part of Lot 71 Mile Reserve and being
Subdivision Lot 4, Oakdale Drive according to a Map of Oakdale Drive-Summit
Boulevard Extension made by C. David Janke, LS., April 20, 1970, reissued
September 5, 1974 and filed in Niagara County Clerk's Office September 19, 1974 in
Book 46 of Microfilmed Maps at page 4460.
Schedule C — Defendants
Trudi A. Moag As Executrix of the Estate of Gertrude S.
Beckerich
John Doe Said names (being fictitious, the names
unknown to Plaintiff intended to be tenants,
occupants, persons or corporations having or
claiming an interest in or lien upon the
property described in the complaint or their
heirs at law, distributees, executors,
administrators, trustees, guardians, assignees,
creditors or successors)
Schedule D — Defendants
People of the State of New York Possible liens for unpaid Estate Taxes that may
be due for the Estate of Gertrude S. Beckerich
who died a resident of the County of Niagara
and the State of New York on December 11,
2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
ccs ace eincoistonesiiaoemmense pie eseeaisioieni niente eet eeseresbortsiacerpiwapemenereemseny
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY
Plaintiff,
vs.
TRUDI A. MOAG AS EXECUTOR OF
THE ESTATE OF GERTRUDE S.
BECKERICH etal.
Defendants.
Reece
SUMMONS AND COMPLAINT
oh tani nee neti niibniineenimimenreeieeraee
GROSS POLOWY, LLC
Attorney for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Preview
INDEX NO. E156572/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/06/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA ~~ ---X NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY Plaintiff VS INDEX # TRUDI A. MOAG AS EXECUTRIX OF THE ESTATE OF GERTRUDE S. BECKERICH , PEOPLE OF THE STATE OF NEW YORK, JOHN DOE (being fictitious, the names unknown to Plaintiff intended to be tenants, occupants, persons or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors.) Defendant(s) wane ene en eeennn NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING SUPREME COURT CASES PLEASE TAKE NOTICE that plaintiff(s)/petitioner(s) [defendant(s)/respondent(s)] in the case captioned above intends that this matter proceed as an electronically-filed case in the New York State Courts Electronic Filing System (“NYSCEF”) in accordance with the procedures therefor, set forth in Uniform Rule 202.5-b and described below. Under that Rule, filing and service of papers by electronic means cannot be made by a party nor can electronic service be made upon a party unless that party has consented to use of the System for the case in question. Each party served with this Notice must promptly file with the court and serve on all other parties either a consent or a declination of consent to electronic filing and service through NYSCEF for this case. (See Instruction # 2 below). General Information Electronic filing offers significant benefits for attorneys and litigants, permitting documents to be filed with the County Clerk and the court and served, between or among consenting parties, by posting the documents on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. There is no fee to use the NYSCEF System, whether for filing, service, or consultation of the electronic docket, nor is there a charge to print documents from the docket. Normal filing fees must be paid, but this can be done by credit or bank card on-line. For additional procedures and information, see Uniform Rule 202.5-b, any e-filing protocol that may have been promulgated by the court in question, and the NYSCEF Website at www.nycourts.gov/efile. Instructions Service of this Notice constitutes consent to e-filing and a statement of intent by the undersigned to use the NYSCEF System in this case. When an action or proceeding is being commenced through the NYSCEF System, this Notice must accompany service of the initiating papers. Each party served with this Notice may consent to e-filing either: (i) by filing with the court and serving on all parties of record a consent to e-filing, or (ii) if an authorized e-filing user, by filing a consent electronically in the manner provided at the NYSCEF site. Parties who do not wish to consent must file and serve a written declination of consent. If one party or some but fewer than all parties consent, NYSCEF may be used by and between or among consenting parties. Each participating attorney, unless already registered, or self-represented party must PROMPTLY create a NYSCEF account and obtain the confidential Filing User Identification Number and Password necessary to use the system. To create a NYSCEF account, go to www.nycourts.gov/efile, click the Create an Account link, and follow the instructions. For additional information about NYSCEF, see the User’s Manual and Frequently Asked Questions on the Website, or contact the court in question or the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov ; mailing address: 60 Centre Street, New York, New York 10007). . 81S, IS, Dat ADA IN WWW Sarah K. Hyman, Esq. Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 (716)204-1700 (Phone) (716)204-1702 (Fax) e-filing@grosspolowy.com (Email) Attorney(s) for Plaintiff. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA heater See ERRe RS NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY Plaintiff SUMMONS vs TRUDI A. MOAG AS EXECUTRIX OF THE INDEX # ESTATE OF GERTRUDE S. BECKERICH , PEOPLE OF THE STATE OF NEW YORK, ORIGINAL FILED WITH THE CLERK ON: JOHN DOE (being fictitious, the names unknown to Plaintiff intended to be tenants, MORTGAGE PREMISES: occupants, persons or corporations having or 326 OAKDALE DRIVE claiming an interest in or lien upon the property NORTH TONAWANDA NY described in the complaint or their heirs at law, 14120 distributees, executors, administrators, trustees, guardians, assignees, creditors or successors.) SBL #: 175.20 - 1 - 56 Defendant(s) Sala ita iia aaa TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve a copy of your Answer on the Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. 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 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. Niagara County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. paren: AUSUSL 5, L015 arah K. Hyman, Esq Gross Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Tel.: (716)204-1700 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA aS RRR ASSIS DC OR trea NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY Plaintiff COMPLAINT VS INDEX #: TRUDI A. MOAG AS EXECUTRIX OF THE ESTATE OF GERTRUDE S. BECKERICH , MORTGAGE PREMISES: PEOPLE OF THE STATE OF NEW YORK, 326 OAKDALE DRIVE NORTH TONAWANDA, NY 14120 JOHN DOE (being fictitious, the names unknown to Plaintiff intended to be tenants, SBL #: 175.20 - 1 - 56 occupants, persons or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors.) Defendant(s) SLCC ECS RETO RN CNUSSNEDECEAesreenn=n, The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s) alleges upon information and belief as follows: 1 Plaintiff is a limited liability company organized under the laws of the State of Delaware and is the holder of the subject note and mortgage with delegated authority to institute this mortgage foreclosure action by the owner and holder of the subject note and mortgage. Attached here as Schedule A is an attorney certified copy of the original note. 2. On or about December 14, 2010, Gertrude S. Beckerich (who died on December 11, 2014, a resident of the county of Niagara, State of New York) executed and delivered a note whereby Gertrude S. Beckerich promised to pay the sum of all Loan Advances plus interest. 3 As security for the payment of the note Gertrude S. Beckerich (who died on December 11, 2014, a resident of the county of Niagara, State of New York) duly executed and delivered a mortgage, up to a maximum principal amount of $204,000.00 which was recorded as follows. Recording Date: December 22, 2010 Instrument Number: 2010-21503 Niagara County Clerk The mortgage was subsequently assigned to Bank of America, N.A. The mortgage was subsequently assigned to Champion Mortgage Company. 4. Gertrude S. Beckerich also executed and delivered a Home Equity Conversion Loan Agreement, more commonly known as a "Reverse Mortgage Agreement", which required the lender to pay the sums secured by the Mortgage to the borrower on a periodic basis, instead of in one lump sum at the time the loan documents were executed. Said Agreement provides that the loan is due upon the borrower's death. 5. The borrower Gertrude S. Beckerich died on December 11, 2014. 6. Although Plaintiff advanced the monies required pursuant to the Note and Home Equity Conversion Loan Agreement, the borrower(s) have failed to comply with the terms and provisions of the Mortgage and said instrument(s) secured by said Mortgage, by failing and omitting to pay the balance due and owing upon the borrower's death. 7. The default has continued beyond the applicable grace period set forth in the Mortgage, and by reason thereof, Plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance. 8. That the mortgage was duly recorded (and mortgage tax due thereon was paid) in the Office of the Niagara County Clerk at the place and time which appears thereon. 9. The mortgaged property is known as 326 Oakdale Drive, North Tonawanda, NY 14120. The tax map designation is SECTION 175.20, BLOCK 1, LOT 56. 10. As of July 31, 2015, there was due and owing the amount of 131,421.14, which consists of all Loan Advances to said date. 11. Pursuant to the terms of the Note, Mortgage and Home Equity Conversion Loan Agreement, Loan Advances may continue for interest, mortgage insurance premiums, servicing fees, property charges including, but not limited to, hazard insurance premiums, grounds rents and special assessments, and for protection of the property and the Plaintiff's security interest in the property. Plaintiff requests that any and all Loan Advances not included in the Amount Due set forth in paragraph 10 above, with interest thereon pursuant to the Note, together with Plaintiff's costs and disbursements, additional allowances and reasonable attorney's fees, be included in the amount adjudged due the Plaintiff in this action as provided for and secured by the Mortgage 12. The defendant(s) claim an interest or lien encumbering the property, which is either subordinate to Plaintiffs mortgage, or paid in full, equitably subordinated, or adverse to Plaintiff's mortgage. The interest or lien of each defendant is set forth in "Schedule C" of this complaint. 13. The interest or lien of any governmental entity of the United States, State, City or local government is set forth in "Schedule D" of this complaint. 14. The John Doe defendant(s) unknown are tenants, occupants, persons or corporations, heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors whose interest or lien is either subordinate to Plaintiffs mortgage, paid in full, equitably subordinated, or adverse to Plaintiffs mortgage. If the mortgagor or owner is deceased, the John Doe defendant(s) are the unknown heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors of the mortgagors or owners. 15. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and Proceedings Law, and the mortgage was originated in compliance with all provisions of section 595-a of the Banking Law and any rules or regulations promulgated there under, and, if applicable, sections 6-1 or 6-m of the Banking law. 16. No action was brought to recover any part of the mortgage debt or if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff to discontinue it. WHEREFORE, PLAINTIFF DEMANDS: a. Judgment determining the amount due Plaintiff for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest. That the property be sold at auction to the highest bidder in accordance with the referee's terms of sale. That the interest of the defendant(s) and all persons claiming by or through them be foreclosed and their title, right, claim, lien, interest or equity of redemption to the property be forever extinguished. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property, and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest. That the property be sold in as is condition and subject to the facts an inspection or accurate survey of the property would disclose, covenants, restrictions, easements and public utility agreements of record, building and zoning ordinances and violations, and the equity of redemption of the United States of America. That Plaintiff may purchase the property at the sale. That a receiver be appointed for the property, if requested by Plaintiff. That if the Plaintiff possesses other liens against the property, they not merge with the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be allowed to share in any surplus proceeds resulting from the sale. That the Court award Plaintiff additional relief that is just, equitable and proper. arah K. Hyman, Esq. Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Schedule A Attached here as Schedule A is an attorney certified copy of the original note. If applicable, certain non-public personal information has been redacted from the attached document. YRAIT » é ROWORM2SS69F CLOSED-! (D FIXED RATE NOTE (QLOME EQUITY CONVERSION) FHA Case No. 972-4242672/951 Loan No. 13898630 DECEMBER 14, 2010 326 OAKDALE DRIVE, NORTH TONAWANDA, NEW YORK 14120 Property Address) 1. DEFINITIONS “Borrower” means cach person signing at the end of this Note. “Lender means M&T BANK 3 and its sticcessors and assigns, "Secretary" means théSecretary of Housing and Urban Development or his or her anthorized representatives. 2, BORROWER'S PROMISE TO PAY; INTEREST In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms ofa Home Equity Conversion Loan Agreement dated DECEMBER 14, 2010 (’Loan Agreement"), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. Al] amounts advanced by Lenéer, plus interest, ifnot due earliez, are due and payable on AUGUST 2, 2074 « Interest will be charged on unpaid principal at the rate of FOUR AND 99/100 percent ( 4.990 %) per year until the full amount of principal has been paid. Accrued interest sbull be added to the principal balance as 4 Loan Advance at the end of each month. 3, PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note aud called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note, 4, MANNER OF PAYMENT (A) Time : Borrower shall pay all outsianding principal and accrved interest to Lender upon receipt of a notice by Lender requiring immediate payment in full, as provided in Paragraph 6 of this Note (B) Place Peyment shall be made at M&T BANK LEOUNTAIN PLAZA, 6TH FLOOR BUFFALO, NEW YORK 14203 or at such other place as Lender may designate in writing by notice to Borrower, (©) Limitation of Liability Borrower shall have no personal liability for payment of this Note. Lender shall enforce the debt only through sale of the Property covered by the Security Instrument ("Property"). If this Note is signed to the Secretary, the Borrower shall not be liable for any difference between morgage insurance benefits paid to Lender and the outstanding indebtedness, including, accrued interest, owed by Borrower at the time of the assignment 5, BORROWER'S RIGHT TO PREPAY ‘A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debi prepaid il first be applied to reduce the principal balance of the Second Nole described in Paragraph 10 of this Note and then to reduce the pal balance af this Note. All prepayments of the principal balance shall he applied by Lender as follows: st, fo that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second, to that portion of the prin 1a] balance representing aggregate payments for servicing, fees; Thied, to that portion of the principal balance representing accraed interest due under the Note; and Fourth, to the remaining portion of the principal batance. To the extent Borrower prepays any outstanding balance under this Note, such amounts will no longer be available to be sdvunced under this Note, 6. IMMEDIATE PAYMENT IN FULL (A) Death or Sale Lender may require immediate payment in full of ell outstanding principal and accrued int st, i (i) A Borrower dies and er dy is not the principal residence af at least one surviving Horrower, of ii) All of« Borrower's le the Property (or s or her beneficial interest in a trust owning all or part of the Prope sold or othe wise tan: and ng oth Barre rer relais fille ta the Property in fee simpte or ta Jeasehotd under 4 v0 for noti th 99 years whi is ee able or a lease having s temaining period of| than 50 eyed the date of the 100th bisthds a he est Borrower or retains a life estate (or retaining a ben: al intere ina rast with such an interest in the Property), Services capsars UNHECM aN Oh Ree CAEL of & @ @ 13898630 (B) Other Grounds Lender may require immediate payment in fall of all outstanding principal and accrued interest, wpo approval by an authorized representative of the Secretary, if: (0 The Property ceases to be the principal residence ofa Borrower for reasons other than death and the Property is not the principal residence of at least one sther Borrower; ii) For a period of longer tan 12 consecutive mouths, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or ii) An obligation of the Borrower uncer the Security Instrument is not performed. (©) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, the debt enforced through sale of the Property may include casts and expenses, including reasonable and customary attorney's fees, essociated with enforcement of this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note, (@) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyances of @ trust's intevests in the Property to a Borrower, shall not be considered @ conveyance for purposes of this Paragraph, A trust shall not be corsidered an occttpant or be considered as having principal residence for purposes of this Paragraph, 7. WALVERS Borrower waives the rights of presentment and notice of dishonor. "Presentment means the right to require Lender to demand payment of amounts due. “Notice of dishonor” means the right to require Lender to give notice to other persons that amounts due have not heen paid. . & GIVING OF NOTICES Unless applicable law requires a different method, any notice that mnust be given to Borrower under this Note will be given delivering it or BY mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of Property, 10. RELATIONSHIP TO SECOND NOTE, (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the Netional Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary, (B) Relationship of Secretary Payments to this Note Payments made by the Secretary shall not be included in the debt due under this Note unless: This Note is assigned to the Secretary; or ) The Secretary accepts reimbursement by the Lender forall payments made by the Secretary. If the circumstances described in (i) or (i) occur, then all payments by the Secretary, including interest on the payments, shall be included in the debt. (©) Effect on Borrower Where there is no assignment or reisnbursement as described in (B)(i) or (ji) and the Secretary makes payments to Bonower, then Borrower shall not: G) Be requized to pay amounts owed under this Note until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note held by Secretary, notwithstanding anything to the contrary in Paragraph 6 of this Note; or Gi) Be obligated io pay interest under this Note at ony time, whether accrued before or after the paymenis by the Sec "%, and whether or aot accrued interest has been incInded in the principal halanceof this Note, notwithstanding any! to the contrary in Para, me h 2 of this Note or any Allonge to this Note. (Acknowledgments on following paye) g ax Doses ECM Note oung Se NUH nF 6 @ @ 13898630 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Biole 3 StaksurveeA (Seal) GERTRUDE S. BECKERICH ~Rorrower B Se ue ch eM) 2 tr ALLONGE TO NOTE December 14, 2010 ALLONGE TO THAT CERTAIN NOTE DATED:. LOAN # 13898630 $204,000.00 IN THE AMOUNT OF 326 Oakdale Drive North Tonawanda, New York 14120 PROPERTY ADDRESS Gertrude S. Beckerich FROM: LENDER: M&T BANK PAY TO THE ORDER OF Bank of America, N.A. , a National Banking Association - WITHOUT RECOURSE BY: oll Noelle Podoba, AVP FOR: M&T Bank PAY TO THE ORDER OF WITHOUT RECOURSE BA OFNK AMERICA, NLA. « Pursuant to CPLR 2105 | have compared BY, ja landte_, this document with the origina! and found MICHELE SJ NDER itto bea true and complete copy. SENIOR VICE PRESIDENT #7 as Signed:: li nome eben Viet ay Schedule B — Legal Description ALL THAT TRACT OR PARCEL OF LAND, situate in the City of North Tonawanda, County of Niagara, State of New York, part of Lot 71 Mile Reserve and being Subdivision Lot 4, Oakdale Drive according to a Map of Oakdale Drive-Summit Boulevard Extension made by C. David Janke, LS., April 20, 1970, reissued September 5, 1974 and filed in Niagara County Clerk's Office September 19, 1974 in Book 46 of Microfilmed Maps at page 4460. Schedule C — Defendants Trudi A. Moag As Executrix of the Estate of Gertrude S. Beckerich John Doe Said names (being fictitious, the names unknown to Plaintiff intended to be tenants, occupants, persons or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors) Schedule D — Defendants People of the State of New York Possible liens for unpaid Estate Taxes that may be due for the Estate of Gertrude S. Beckerich who died a resident of the County of Niagara and the State of New York on December 11, 2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA ccs ace eincoistonesiiaoemmense pie eseeaisioieni niente eet eeseresbortsiacerpiwapemenereemseny NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY Plaintiff, vs. TRUDI A. MOAG AS EXECUTOR OF THE ESTATE OF GERTRUDE S. BECKERICH etal. Defendants. Reece SUMMONS AND COMPLAINT oh tani nee neti niibniineenimimenreeieeraee GROSS POLOWY, LLC Attorney for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221