Preview
FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM INDEX NO. EF2017-0302
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017
Index # : EF2017-0302
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
QUICKEN LOANS INC., ORIGINAL FILED WITH THE
PLAINTIFF, CLERK ON
V
Index No.:
SCOTT DRUM; JAMIE LEONARD;
BANK,'
DISCOVER BANK; CAPITAL ONE BANK MORTGAGED PREMISES:
(USA) NA; JOHN DOE (SAID NAME BEING 597 WEST DRYDEN ROAD
FICTITIOUS TO REPRESENT UNKNOWN FREEVILLE, NY 13068
TENANTS/OCCUPANTS OF THE SUBJECT
PROPERTY AND ANY OTHER PARTY OR Section: 32. Block: 1 Lot: 6
ENTITY OF ANY KIND, IF ANY, HAVING OR
CLAIMING AN INTEREST OR LIEN UPON SUMMONS
THE MORTGAGED PROPERTY),
DEFENDANTS.
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, ifdesignated 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 ma be entered and you can lose
your home.
Speak to an attorney or go to the Court where our case is pending
for further information on how to answer the Summons and protect
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017
Sending a payment to our 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.
bas' '
TOMPKINS COUNTY is designated as the place of trial. The basi of venue isthe 10 ~of of
the mortgaged premises foreclosed herein.
I
Dated: f,
b 0
Cl aret J. Cascino, Esq. (4196911)
tacey A. Weisblatt, Esq. (2517.886)
Roland R. Georger, Esq. (4663175)
Anthony P.Scali, Esq. (4556775)
a Todd R. Baltch, Esq. (4884862)
0
Stern & Eisenberg, PC
Attorneys for Plaintiff
485 8 Route 1 South, Suite 330
Woodbridge Corporate Center
Iselin, NJ 08830
T: (516) 630-0288
and
4976 Transit Road 42
Depew, NY 14043
T: (516) 630-0288
Counsel for Plaintiff
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NOTICE PURSUANT TO
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HERE1N AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE.
Unless you notify this office within 30 days after receiving this notice that you dispute the
validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify
this office in writing within 30 days from receiving this notice, this office will obtain verification
of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification.
If you request this office in writing within 30 days after receiving this notice this office will
provide you with the name and address of the original creditor, if different from the current
creditor,
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE ENCLOSED LETTEPJNOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF
YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO
THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED
OBLIGATION) AND . HAVE NOT REAFFIRMED THE DEBT) THEN THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO
COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE
MORTGAGE/LIEN AGAINST REAL PROPERTY (SECURED PROPERTY).May 20, 2014
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SUPREME COURTOF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
QUICKEN LOANS INC., ORIGINAL FILED WITH THE
CLERK ON
PLAINTlFF,
V. Index No.:
SCOTT DRUM; JAMIE LEONARD; MORTGAGED PREMISES:
DISCOVER BANK; CAPlTAL ONE BANK 597 WEST DRYDEN ROAD
(USA) NA; JOHN DOE (SAID NAME BEING FREEVILLE, NY 13068
FICTITIOUS TO REPRESENT UNKNOWN
TENANTS/OCCUPANTS OF THE SUBJECT Section: 32. Block: I Lot: 6
PROPERTY AND ANY OTHER PARTY OR
ENTITY OF ANY KIND, IF ANY, HAVING
OR CLAIMING AN INTEREST OR LIEN
UPON THE MORTGAGED PROPERTY),
DEFENDANTS.
COMPLAINT - MORTGAGE FORECLOSURE
("Quicken"
Plaintiff, Quicken Loans inc. ("Quicken"), by and through itsCounsel, Stern &
Eisenberg, PC, does hereby bring the within Complaint against the Defendants and upon
information and belief, alleges as follows:
1. Plaintiff is theholder of the note and mortgage being foreclosed in this action and isduly
organized under the laws of the United States.
2. Defendant Scott Drum ("Defendant"), is,upon information and belief, an adult individual
with a last-known address of 597 West Dryden Road, Freeville, NY 13068.
3. On May 20, 2014, Scott Drum executed and delivered to QUICKEN LOANS INC., a
note in the amount of $152,192.00 in which Defendant agreed to repay the unpaid
principal balance together with accrued interest and such other amounts until paid
("Note" "A"
("Note"). A copy of the Note in Plaintiff'spossession isattached hereto as Exhibit
and is incorporated herein by reference as though set forth at length herein.
4. To secure repayment of the Note, Scott Drum executed and delivered a mortgage to
MORTGAGE ELECTRONIC REGlSTRATION SYSTEMS, INC. ("MERS") AS
("
NOMINEE FOR QUICKEN LOANS INC., itssuccessors and assigns ("Original
Mortgagee") on thereal property located at 597 West Dryden Road, Freeville. NY 13068
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"Property"
(the "Property") to secure the payment of the sum of $152,192.00 (the "Mortgage"). Said
Mortgage was recorded in the Tompkins County Clerk's Office on 05/21/2014 in
Instrument No 2014-05604 at which time the mortgage recording tax was duly paid. A
"B"
copy of the Mortgage is attached as Exhibit and is incorporated herein by reference
as though set forth at length herein.
5. Prior to the commencement of this action, the Mortgage was assigned to Plaintiff by
Assignment of Mortgage. A copy of the recorded Assignment of Mortgage isattached as
"C"
Exhibit and is incorporated herein by reference as though set forth a length herein.
6. The mortgaged premises being foreclosed (the Property) is more fully described in
"D"
Exhibit annexed hereto and made a part hereof. The tax map designation isknown
as or part of SBL No.: 32.-1-6.
7. Defendant, Scott Drum, has failed to comply with the terms of the Note and Mortgage by
failing to pay the monthly payment due on 06/01/2017 and each subsequent payment that
has come due, together with any other amounts for taxes, assessments, water rents,
escrow and/or any other charges that have come due and are payable under the terms of
the Note and Mortgage since the date of default set forth above. Accordingly, Plaintiff
elects to calldue the entire amount secured by the Mortgage.
8. As of January 1, 2018, the following amounts are due and owing pursuant to the terms of
the Note and Mortgage:
Principal Balance:................................................$144,711.12
.$144,711.
Interest from 05/01/2017 to 01/01/2018 ..............$4,341.36
.$
Suspense..............................................................$(612.40)
Escrow Advances: ...............................................$2,032.17
$2,032.17
Inspections:...........................................................$201.70
Late Charges:.......................................................$277.65
NSF Charges:.......................................................$40.00
together with accrued interest and any other amounts advanced for taxes, insurance,
maintenance of the Property, together with other amounts that come due and allowed
pursuant to the terms of the Note and Mortgage, including, but not limited to costs,
allowances and reasonable attorney's fees.
9. During the course of this action, the Plaintiff(directly and/or through itsagents) may be
obligated to make advances for the payment of taxes, insurance premiums and necessary
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expenses to preserve the security, and such sums advanced under the terms of the note,
together with interest (to the extent allowed), are to be added to the amount due on the
mortgage debt and secured by the Plaintiff'sMortgage.
10. The defendants identified more fully on Exhibit "E", attached hereto and incorporated
herein, are alleged to have or otherwise claim to have some interest in or lien upon said
mortgaged Property, which interest and/or lien has accrued subsequent to (or otherwise
equitably or duly subordinated to) the lien of Plaintiff's Mortgage.
1 1.Defendants John Doe are occupants of the Property being foreclosed, or any persons or
entities of any kind otherwise claiming a lien or other interest in or against the Property
whose interest and/or lien issubordinate to the lien held by Plaintiff.
12. If applicable, the Mortgage was originated in compliance with Banking Law Sections
595-a, 6-1 and/or 6-m and the Plaintiff has complied with allappropriate provisions of
Section 595-a of the Banking law and any rules and regulations promulgated thereunder,
including Section 6-1 and 6-m, and section 1304 of the Real Property Actions and
Proceedings Law.
13. That prior to the commencement of this action, Plaintiff sent notice to Scott Drum in
accordance with the terms of RPAPL 1304, ifapplicable. Copies of said Notices are
attached as Exhibit "F". Further, ifnecessary, said notice has been registered in
accordance with RPAPL 1306.
(" Request"
I4. ("Sale Request") In the event this action proceeds to judgment in foreclosure and sale of
the Property, Plaintiff requests that the Property be sold subject to any statement of facts
an inspection of the Property would disclose or an accurate survey of the Property would
show; covenants, restrictions, easements and public utility agreements of record, ifany;
building and zoning ordinances and possible violations of same; any rights of tenants or
persons in possession of the Property; any equity/right of redemption of the United States
of America within 120 days of the sale; and, any prior mortgages and liens, ifany. Ifthe
Mortgage secures more than one property, Plaintiff requests the judgment in foreclosure
provide for the sale of the properties in a particular order to the extent necessary to satisfy
the amounts due as determined by this Court.
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15. There are no other pending proceedings to enforce the referenced Note and Mortgage. To
the extent there was any prior proceeding, itis the intention of the Plaintiff that any such
action be discontinued and the instant action be the only pending action.
16. Pursuant to the terms of the Mortgage, upon default, Plaintiff isentitled to recover
attorneys'
fees and costs incurred as a result of Defendant's default. Therefore, Plaintiff
attorneys'
demands payment of its fees and costs to be incurred in connection with this
action.
WHEREFORE, Plaintiff, Quicken, demands judgment:
1. Fixing the amounts due the Plaintiff for all amounts due under the Note and Mortgage,
including, but not limited to principal, interest, costs, latecharges, expenses of sale,
allowances and disbursements, reasonable attorney's fees (to the extent allowed under the
Note and/or Mortgage) and allother monies advanced and paid which are secured by the
Mortgage;
2. That the Defendants and allparties claiming by, through or under them and every other
person or entity whose right,title,conveyance or encumbrance is subsequent to or
subsequently recorded, or whose lien is being challenged by being a Defendant in this
action, be·barred and foreclosed of and from allright, claim, hen, interest onequity of
redemption in and to said Property;
3. That said Property, or such part thereof as may be necessary to raise the amounts due
be decreed to be sold according to law subject to the provisions of the Sale
Request paragraph above;
ol'
4. That out of the monies arising from the sale of the Property, the Plaintiff may be paid the
amounts due on said Note and Mortgage, plus allother amounts provided for and allowed
under the judgment, together with any sums expended as aforesaid, with interest as
allowed by law upon any advances from the dates of the respective advance payments, to
the extent allowed;
5. That either or any of the parties to this action may become a purchaser upon such sale;
6. That this Court, ifrequested, forthwith appoint a receiver of rents and profits of said
Property with the usual powers and duties;
7. That the Defendants referred to in paragraph 3 of this Complaint (and any original or
subsequent obligors so named in this action) may be adjudged to pay any deficiency that
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may remain after applying allof said monies so applicable thereto, unless the debt has
been listedand discharged in a bankruptcy proceeding, in which case no deficiency
judgment will be sought.
8. In the event Plaintiff possesses any other liens against the Property, they shall NOT be
merged with the same/instant matter. Plaintiff specifically reserves itsright to share in
any surplus monies arising from sale of the Property by virtue of itsposition as a
judgment or other lien creditor, excluding the Mortgage being foreclosed herein.
9. That the Plaintiff be granted such other and further relief as may be just, equitable and
proper.
Dated:
l(r (g t
O argaret J. Cascino, Esq. (4196911)
O Stacey A. Weisblatt, Esq. (2517886)
O Roland R. Georger, Esq. (4663175)
Anthony P. Scali,Esq. (4556775)
EL Todd R. Baltch, Esq. . (4884862)
Stern & Eisenberg, PC
Attorneys for Plaintiff
485 B Route 1 South, Suite 330
Woodbridge Corporate Center
Iselin,NJ 08830
and
4976 Transit Road 02
Depew, NY 14043
T: (516) 630-0288
Counsel for Plaintiff
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I,Todd R. Baltch, Esquire, of the firm of Stern & Eisenberg, PC, am an attorney licensed to
practice in the State of New York, and counsel for Plaintiff,and hereby certify that, to the best of
my knowledge, information and belief,formed after reasonable inquiry regarding the present
action, the presentation of the pleadings, affidavit (and motion ifapplicable), or the contentions
contained herein are not frivolous as defined in 22 NYCRR 13
]3 -1.1. Il
(c)
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EXHI BlT A
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NOTE
~Ia: ~ a
sttt
J
[Date]
597 W Dryden Rd urum. 5cott
Freeville. NY 13068-5738
[PropertyAMress]
1. PARTIES
"Borrower" "Lender"
means each personsigningat theend ofthisNote, and the person'ssuccessorsand assigns. means
Quicken Loans Inc.
and itssuccessorsand assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
Inreturn fora loanreceived from Lender, Borrower promises to paythe principalsum of One Hundred Fifty
Two Thousand One Hundred Ninety Two and 00/100
Dollars (U.S.s152.192.00 ),piusinterest,to the
order ofLender. Interestwillbe chargedon
unpaid principal,from thedate ofdisbursement of theloan proceeds by Lender,at therateof
Four and One-Half
percent( 4.500 'ro) per
year untilthefullamount ofprincipalhas been paid.
3. PROMISE TO PAY SECURED
Borrower's promise topay is securedby a mortgage, deed oftrustor similarsecurityinstrument thatis datedthe same
Instrument."
date Note
as this and called the"Security The SecurityInstrument protectstheLender from losseswhich might
resultifBorrower defaultsunder thisNote.
4. MANNEROF PAYMENT
(A) Time
Borrower shallmake a payment of principaland interest
to Lender on the first
day ofeach month beginningon
July 1. 2014 . Anyprincipaland interestremaining on thefirstday of June 2044, willbe due on that
Date."
date,which is called
the"Maturity
(B) Place
Payment shallbe made at P.0. Box 6577. Carol Stream, IL 60197
or at suchplaceas Leader may designatein writing
by noticeto Borrower.
(C) Amount
Each monthly payment of principaland interest
willbe in theamount ofU.S. S 771. 14 . This
amount
willbe partof a largermonthly payment required by theSecurity Instrument,thatshallbe applied interest
to principal, and
other itemsin the order
described in theSecurityInstrument.
(D) Allongeto thisNote for payment adjustments
Ifan allongeproviding forpayment adjustments is executedby Borrower togetherwith thisNote, the covenantsof
the allongeshallbe incorporatedintoand shallamend and supplement the covenants ofthisNote as ifthe allongewere a partof
[Check
this Note. applicablebox]
Graduated Payment Allonge Growing Equity Allonge Other [specify]
gateNote 10/95
VMP® VMP1R(1302).00
KloiverFinancsrServices
trvoiters Page1of3
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5. BORROWER'S RIGHT TO PREPAY
Borrower has the right
to pay the debtevidenced by thisNote, in whole or in part,
without charge or penalty,on thefirst
day of any month. Lender shallaccept prepayment on otherdays provided thatBorrower pays interest
on the amount prepaid for
the remainder ofthe month to theextentrequiredby Lender and permittedby regulationsof theSecretary. IfBorrower makes a
partialprepayment, there willbe no changes inthe due dateor in theamount of the monthly payment unlessLender agrees in
writingto thosechanges.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge forOverdue Payments
IfLender has notreceived thefullmonthly payment required by theSecurity Instrument,as described in Paragraph
4(C) of thisNote,by the end of fifteen
calendar days afterthepayment is due,Leader may collecta late
charge in the amount
of Four and No-Thousandths
percent( 4.000 %) of theoverdue amount of each payment.
(B) Default
If Borrower defaultsby failingto pay infullany monthly payment, then Lender may, except as limitedby regulations
of theSecretary in thecase ofpayment require
defaults, immediate payment in full
of theprincipalbalance remaining due and
allaccrued Lender
interest. may choose notto exerciscthisoption withoutwaiving its
rightsin theevent of any subsequent
default.In many circumstances regulationsissued by theSecretary willlimitLender's rightstorequire immediate payment in
fullinthe case ofpayment defaults.ThisNote does notauthorize accelerationwhen not permitted by HUD regulations.As used
"Secretary" and Urban Development or or berdesignee.
in this
Note, means theSecretaryof Housing his
(C) Payment of Costs and Expenses
IfLender has requiredimmediate payment in as described
full, above, Lender may require Borrower to pay costsand
attorneys'
expenses including reasonable and customary feesforenforcing thisNote to the extent
not prohibitedby applicable
law. Such fees andcosts shallbear interest
from the dateof disbursement at thesame rateas theprincipalof thisNote.
7. WAiVERS
Borrower and any otherperson who has obligationsunder thisNote waive the rightsofpresentment and notice of
"Presentment" dishonor"
dishonor. means the right Lender
to require todemand payment ofamounts due. "Noticeof means the
righttorequire Lender to givenotice toother personsthat amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requiresa different
method, any noticethatmust be given to Borrower under thisNote willbe given
by deliveringitor by mailing it byfirst
classmail toBorrower at thepropertyaddress above or at a different
addressif
Borrower has givenLender a noticeofBorrower's differentaddress.
Any noticethatmust be givento Lender under thisNote will be givenby firstclassmail toLeader at theaddressstatedin
Paragraph 4(B) or at a different
addressifBorrower is givena noticeof thatdifferent
address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signsthisNote, each person is fully
and personallyobligated tokeep allof the promisesmade in
thisNote, including thepromise to pay thefullamount owed. Any personwho is a guarantor,
suretyor endorser ofthis Noteis
alsoobligated to do thesethings.Any person who takesover these obligations,
including theobligationsof a guarantor,surety
or endorserof thisNote, is also
obligated tokeep allof thepromises made in this
Note. Lender may enforce itsrightsunderthis
Note against each person individuallyor againstall together.
signatories Any one personsigning thisNote may be requiredto
pay allof theamounts owed under thisNote
Preview
FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 Index # : EF2017-0302 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS QUICKEN LOANS INC., ORIGINAL FILED WITH THE PLAINTIFF, CLERK ON V Index No.: SCOTT DRUM; JAMIE LEONARD; BANK,' DISCOVER BANK; CAPITAL ONE BANK MORTGAGED PREMISES: (USA) NA; JOHN DOE (SAID NAME BEING 597 WEST DRYDEN ROAD FICTITIOUS TO REPRESENT UNKNOWN FREEVILLE, NY 13068 TENANTS/OCCUPANTS OF THE SUBJECT PROPERTY AND ANY OTHER PARTY OR Section: 32. Block: 1 Lot: 6 ENTITY OF ANY KIND, IF ANY, HAVING OR CLAIMING AN INTEREST OR LIEN UPON SUMMONS THE MORTGAGED PROPERTY), DEFENDANTS. 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, ifdesignated 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 ma be entered and you can lose your home. Speak to an attorney or go to the Court where our case is pending for further information on how to answer the Summons and protect 1 of 71 Index INDEX #: NO.EF2017-0302 EF2017-0302 FILED: Cl2017-26451 TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 Sending a payment to our 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. bas' ' TOMPKINS COUNTY is designated as the place of trial. The basi of venue isthe 10 ~of of the mortgaged premises foreclosed herein. I Dated: f, b 0 Cl aret J. Cascino, Esq. (4196911) tacey A. Weisblatt, Esq. (2517.886) Roland R. Georger, Esq. (4663175) Anthony P.Scali, Esq. (4556775) a Todd R. Baltch, Esq. (4884862) 0 Stern & Eisenberg, PC Attorneys for Plaintiff 485 8 Route 1 South, Suite 330 Woodbridge Corporate Center Iselin, NJ 08830 T: (516) 630-0288 and 4976 Transit Road 42 Depew, NY 14043 T: (516) 630-0288 Counsel for Plaintiff 2 of 71 Index INDEX #: NO.EF2017-0302 EF2017-0302 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERE1N AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor, IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTEPJNOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION) AND . HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY (SECURED PROPERTY).May 20, 2014 3 of 71 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM INDEX IndexNO. #: EF2017-0302 EF2017-0302 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 SUPREME COURTOF THE STATE OF NEW YORK COUNTY OF TOMPKINS QUICKEN LOANS INC., ORIGINAL FILED WITH THE CLERK ON PLAINTlFF, V. Index No.: SCOTT DRUM; JAMIE LEONARD; MORTGAGED PREMISES: DISCOVER BANK; CAPlTAL ONE BANK 597 WEST DRYDEN ROAD (USA) NA; JOHN DOE (SAID NAME BEING FREEVILLE, NY 13068 FICTITIOUS TO REPRESENT UNKNOWN TENANTS/OCCUPANTS OF THE SUBJECT Section: 32. Block: I Lot: 6 PROPERTY AND ANY OTHER PARTY OR ENTITY OF ANY KIND, IF ANY, HAVING OR CLAIMING AN INTEREST OR LIEN UPON THE MORTGAGED PROPERTY), DEFENDANTS. COMPLAINT - MORTGAGE FORECLOSURE ("Quicken" Plaintiff, Quicken Loans inc. ("Quicken"), by and through itsCounsel, Stern & Eisenberg, PC, does hereby bring the within Complaint against the Defendants and upon information and belief, alleges as follows: 1. Plaintiff is theholder of the note and mortgage being foreclosed in this action and isduly organized under the laws of the United States. 2. Defendant Scott Drum ("Defendant"), is,upon information and belief, an adult individual with a last-known address of 597 West Dryden Road, Freeville, NY 13068. 3. On May 20, 2014, Scott Drum executed and delivered to QUICKEN LOANS INC., a note in the amount of $152,192.00 in which Defendant agreed to repay the unpaid principal balance together with accrued interest and such other amounts until paid ("Note" "A" ("Note"). A copy of the Note in Plaintiff'spossession isattached hereto as Exhibit and is incorporated herein by reference as though set forth at length herein. 4. To secure repayment of the Note, Scott Drum executed and delivered a mortgage to MORTGAGE ELECTRONIC REGlSTRATION SYSTEMS, INC. ("MERS") AS (" NOMINEE FOR QUICKEN LOANS INC., itssuccessors and assigns ("Original Mortgagee") on thereal property located at 597 West Dryden Road, Freeville. NY 13068 4 of 71 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM INDEX IndexNO. #: EF2017-0302 EF2017-0302 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 "Property" (the "Property") to secure the payment of the sum of $152,192.00 (the "Mortgage"). Said Mortgage was recorded in the Tompkins County Clerk's Office on 05/21/2014 in Instrument No 2014-05604 at which time the mortgage recording tax was duly paid. A "B" copy of the Mortgage is attached as Exhibit and is incorporated herein by reference as though set forth at length herein. 5. Prior to the commencement of this action, the Mortgage was assigned to Plaintiff by Assignment of Mortgage. A copy of the recorded Assignment of Mortgage isattached as "C" Exhibit and is incorporated herein by reference as though set forth a length herein. 6. The mortgaged premises being foreclosed (the Property) is more fully described in "D" Exhibit annexed hereto and made a part hereof. The tax map designation isknown as or part of SBL No.: 32.-1-6. 7. Defendant, Scott Drum, has failed to comply with the terms of the Note and Mortgage by failing to pay the monthly payment due on 06/01/2017 and each subsequent payment that has come due, together with any other amounts for taxes, assessments, water rents, escrow and/or any other charges that have come due and are payable under the terms of the Note and Mortgage since the date of default set forth above. Accordingly, Plaintiff elects to calldue the entire amount secured by the Mortgage. 8. As of January 1, 2018, the following amounts are due and owing pursuant to the terms of the Note and Mortgage: Principal Balance:................................................$144,711.12 .$144,711. Interest from 05/01/2017 to 01/01/2018 ..............$4,341.36 .$ Suspense..............................................................$(612.40) Escrow Advances: ...............................................$2,032.17 $2,032.17 Inspections:...........................................................$201.70 Late Charges:.......................................................$277.65 NSF Charges:.......................................................$40.00 together with accrued interest and any other amounts advanced for taxes, insurance, maintenance of the Property, together with other amounts that come due and allowed pursuant to the terms of the Note and Mortgage, including, but not limited to costs, allowances and reasonable attorney's fees. 9. During the course of this action, the Plaintiff(directly and/or through itsagents) may be obligated to make advances for the payment of taxes, insurance premiums and necessary 5 of 71 Cl2017-26451 INDEX Index NO. #: EF2017-0302 EF2017-0302 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 expenses to preserve the security, and such sums advanced under the terms of the note, together with interest (to the extent allowed), are to be added to the amount due on the mortgage debt and secured by the Plaintiff'sMortgage. 10. The defendants identified more fully on Exhibit "E", attached hereto and incorporated herein, are alleged to have or otherwise claim to have some interest in or lien upon said mortgaged Property, which interest and/or lien has accrued subsequent to (or otherwise equitably or duly subordinated to) the lien of Plaintiff's Mortgage. 1 1.Defendants John Doe are occupants of the Property being foreclosed, or any persons or entities of any kind otherwise claiming a lien or other interest in or against the Property whose interest and/or lien issubordinate to the lien held by Plaintiff. 12. If applicable, the Mortgage was originated in compliance with Banking Law Sections 595-a, 6-1 and/or 6-m and the Plaintiff has complied with allappropriate provisions of Section 595-a of the Banking law and any rules and regulations promulgated thereunder, including Section 6-1 and 6-m, and section 1304 of the Real Property Actions and Proceedings Law. 13. That prior to the commencement of this action, Plaintiff sent notice to Scott Drum in accordance with the terms of RPAPL 1304, ifapplicable. Copies of said Notices are attached as Exhibit "F". Further, ifnecessary, said notice has been registered in accordance with RPAPL 1306. (" Request" I4. ("Sale Request") In the event this action proceeds to judgment in foreclosure and sale of the Property, Plaintiff requests that the Property be sold subject to any statement of facts an inspection of the Property would disclose or an accurate survey of the Property would show; covenants, restrictions, easements and public utility agreements of record, ifany; building and zoning ordinances and possible violations of same; any rights of tenants or persons in possession of the Property; any equity/right of redemption of the United States of America within 120 days of the sale; and, any prior mortgages and liens, ifany. Ifthe Mortgage secures more than one property, Plaintiff requests the judgment in foreclosure provide for the sale of the properties in a particular order to the extent necessary to satisfy the amounts due as determined by this Court. 6 of 71 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM INDEX Index NO. #: EF2017-0302 EF2017-0302 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 15. There are no other pending proceedings to enforce the referenced Note and Mortgage. To the extent there was any prior proceeding, itis the intention of the Plaintiff that any such action be discontinued and the instant action be the only pending action. 16. Pursuant to the terms of the Mortgage, upon default, Plaintiff isentitled to recover attorneys' fees and costs incurred as a result of Defendant's default. Therefore, Plaintiff attorneys' demands payment of its fees and costs to be incurred in connection with this action. WHEREFORE, Plaintiff, Quicken, demands judgment: 1. Fixing the amounts due the Plaintiff for all amounts due under the Note and Mortgage, including, but not limited to principal, interest, costs, latecharges, expenses of sale, allowances and disbursements, reasonable attorney's fees (to the extent allowed under the Note and/or Mortgage) and allother monies advanced and paid which are secured by the Mortgage; 2. That the Defendants and allparties claiming by, through or under them and every other person or entity whose right,title,conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a Defendant in this action, be·barred and foreclosed of and from allright, claim, hen, interest onequity of redemption in and to said Property; 3. That said Property, or such part thereof as may be necessary to raise the amounts due be decreed to be sold according to law subject to the provisions of the Sale Request paragraph above; ol' 4. That out of the monies arising from the sale of the Property, the Plaintiff may be paid the amounts due on said Note and Mortgage, plus allother amounts provided for and allowed under the judgment, together with any sums expended as aforesaid, with interest as allowed by law upon any advances from the dates of the respective advance payments, to the extent allowed; 5. That either or any of the parties to this action may become a purchaser upon such sale; 6. That this Court, ifrequested, forthwith appoint a receiver of rents and profits of said Property with the usual powers and duties; 7. That the Defendants referred to in paragraph 3 of this Complaint (and any original or subsequent obligors so named in this action) may be adjudged to pay any deficiency that 7 of 71 Index INDEX #: NO.EF2017-0302 EF2017-0302 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 may remain after applying allof said monies so applicable thereto, unless the debt has been listedand discharged in a bankruptcy proceeding, in which case no deficiency judgment will be sought. 8. In the event Plaintiff possesses any other liens against the Property, they shall NOT be merged with the same/instant matter. Plaintiff specifically reserves itsright to share in any surplus monies arising from sale of the Property by virtue of itsposition as a judgment or other lien creditor, excluding the Mortgage being foreclosed herein. 9. That the Plaintiff be granted such other and further relief as may be just, equitable and proper. Dated: l(r (g t O argaret J. Cascino, Esq. (4196911) O Stacey A. Weisblatt, Esq. (2517886) O Roland R. Georger, Esq. (4663175) Anthony P. Scali,Esq. (4556775) EL Todd R. Baltch, Esq. . (4884862) Stern & Eisenberg, PC Attorneys for Plaintiff 485 B Route 1 South, Suite 330 Woodbridge Corporate Center Iselin,NJ 08830 and 4976 Transit Road 02 Depew, NY 14043 T: (516) 630-0288 Counsel for Plaintiff 8 of 71 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM INDEX IndexNO. #: EF2017-0302 EF2017-0302 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 1 I I I,Todd R. Baltch, Esquire, of the firm of Stern & Eisenberg, PC, am an attorney licensed to practice in the State of New York, and counsel for Plaintiff,and hereby certify that, to the best of my knowledge, information and belief,formed after reasonable inquiry regarding the present action, the presentation of the pleadings, affidavit (and motion ifapplicable), or the contentions contained herein are not frivolous as defined in 22 NYCRR 13 ]3 -1.1. Il (c) 1 I I i I I i l 1 t: l 1 I I l I 1 I 9 of 71 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM INDEX IndexNO. #: EF2017-0302 EF2017-0302 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 EXHI BlT A 10 of 71 Index INDEX #: NO.EF2017-0302 EF2017-0302 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 NOTE ~Ia: ~ a sttt J [Date] 597 W Dryden Rd urum. 5cott Freeville. NY 13068-5738 [PropertyAMress] 1. PARTIES "Borrower" "Lender" means each personsigningat theend ofthisNote, and the person'ssuccessorsand assigns. means Quicken Loans Inc. and itssuccessorsand assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST Inreturn fora loanreceived from Lender, Borrower promises to paythe principalsum of One Hundred Fifty Two Thousand One Hundred Ninety Two and 00/100 Dollars (U.S.s152.192.00 ),piusinterest,to the order ofLender. Interestwillbe chargedon unpaid principal,from thedate ofdisbursement of theloan proceeds by Lender,at therateof Four and One-Half percent( 4.500 'ro) per year untilthefullamount ofprincipalhas been paid. 3. PROMISE TO PAY SECURED Borrower's promise topay is securedby a mortgage, deed oftrustor similarsecurityinstrument thatis datedthe same Instrument." date Note as this and called the"Security The SecurityInstrument protectstheLender from losseswhich might resultifBorrower defaultsunder thisNote. 4. MANNEROF PAYMENT (A) Time Borrower shallmake a payment of principaland interest to Lender on the first day ofeach month beginningon July 1. 2014 . Anyprincipaland interestremaining on thefirstday of June 2044, willbe due on that Date." date,which is called the"Maturity (B) Place Payment shallbe made at P.0. Box 6577. Carol Stream, IL 60197 or at suchplaceas Leader may designatein writing by noticeto Borrower. (C) Amount Each monthly payment of principaland interest willbe in theamount ofU.S. S 771. 14 . This amount willbe partof a largermonthly payment required by theSecurity Instrument,thatshallbe applied interest to principal, and other itemsin the order described in theSecurityInstrument. (D) Allongeto thisNote for payment adjustments Ifan allongeproviding forpayment adjustments is executedby Borrower togetherwith thisNote, the covenantsof the allongeshallbe incorporatedintoand shallamend and supplement the covenants ofthisNote as ifthe allongewere a partof [Check this Note. applicablebox] Graduated Payment Allonge Growing Equity Allonge Other [specify] gateNote 10/95 VMP® VMP1R(1302).00 KloiverFinancsrServices trvoiters Page1of3 11 of 71 CI2017-26451 Index INDEX #: NO.EF2017-0302 EF2017-0302 FILED: TOMPKINS COUNTY CLERK 12/26/2017 03:06 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2017 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debtevidenced by thisNote, in whole or in part, without charge or penalty,on thefirst day of any month. Lender shallaccept prepayment on otherdays provided thatBorrower pays interest on the amount prepaid for the remainder ofthe month to theextentrequiredby Lender and permittedby regulationsof theSecretary. IfBorrower makes a partialprepayment, there willbe no changes inthe due dateor in theamount of the monthly payment unlessLender agrees in writingto thosechanges. 6. BORROWER'S FAILURE TO PAY (A) Late Charge forOverdue Payments IfLender has notreceived thefullmonthly payment required by theSecurity Instrument,as described in Paragraph 4(C) of thisNote,by the end of fifteen calendar days afterthepayment is due,Leader may collecta late charge in the amount of Four and No-Thousandths percent( 4.000 %) of theoverdue amount of each payment. (B) Default If Borrower defaultsby failingto pay infullany monthly payment, then Lender may, except as limitedby regulations of theSecretary in thecase ofpayment require defaults, immediate payment in full of theprincipalbalance remaining due and allaccrued Lender interest. may choose notto exerciscthisoption withoutwaiving its rightsin theevent of any subsequent default.In many circumstances regulationsissued by theSecretary willlimitLender's rightstorequire immediate payment in fullinthe case ofpayment defaults.ThisNote does notauthorize accelerationwhen not permitted by HUD regulations.As used "Secretary" and Urban Development or or berdesignee. in this Note, means theSecretaryof Housing his (C) Payment of Costs and Expenses IfLender has requiredimmediate payment in as described full, above, Lender may require Borrower to pay costsand attorneys' expenses including reasonable and customary feesforenforcing thisNote to the extent not prohibitedby applicable law. Such fees andcosts shallbear interest from the dateof disbursement at thesame rateas theprincipalof thisNote. 7. WAiVERS Borrower and any otherperson who has obligationsunder thisNote waive the rightsofpresentment and notice of "Presentment" dishonor" dishonor. means the right Lender to require todemand payment ofamounts due. "Noticeof means the righttorequire Lender to givenotice toother personsthat amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requiresa different method, any noticethatmust be given to Borrower under thisNote willbe given by deliveringitor by mailing it byfirst classmail toBorrower at thepropertyaddress above or at a different addressif Borrower has givenLender a noticeofBorrower's differentaddress. Any noticethatmust be givento Lender under thisNote will be givenby firstclassmail toLeader at theaddressstatedin Paragraph 4(B) or at a different addressifBorrower is givena noticeof thatdifferent address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signsthisNote, each person is fully and personallyobligated tokeep allof the promisesmade in thisNote, including thepromise to pay thefullamount owed. Any personwho is a guarantor, suretyor endorser ofthis Noteis alsoobligated to do thesethings.Any person who takesover these obligations, including theobligationsof a guarantor,surety or endorserof thisNote, is also obligated tokeep allof thepromises made in this Note. Lender may enforce itsrightsunderthis Note against each person individuallyor againstall together. signatories Any one personsigning thisNote may be requiredto pay allof theamounts owed under thisNote