Preview
FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------- -------------------------- -----X
M&T BANK,
Plaintiff, Filed:
-against- Index No.:
#1" Plaintiff designates NASSAU
PATRICIA KLEBER; "JOHN DOE through "JOHN
#10" County as place of trial Venue is
DOE inclusive, the names of the ten last name
based upon County in which
Defendants being fictitious, real names unknown to the
premises are being situate
Plaintiff, the parties intended being persons or corporations
SUMMONS TO FORECLOSE
having an interest in, or tenants or persons in possession of,
ACTION TO FORECLOSE A
portions of the mortgaged premises desenbed in the
MORTGAGE
Complaint,
Defendants.
_______________________________________________________________ --X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy
of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance
upon the Plaintiff s attorney within twenty (20) days after the service of this Summons, exclusive of the
date of service or within thirty (30) days after the service is complete if this Summons is not personally
delivered to you within the State of New York. If you fail to so appear or answer, judgment will be
taken against you by default for the relief demanded in the Complaint.
DATED: February 28, 2022
Elmsford, New York
Notice of Pendency/5000-000063-FC/PATRICIA KLEBER
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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 judgmcñt may be entered and you can lose
your home.
Speak to an attorney or go to the court where your case is peñdiñg
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 M&T BANK AND FILING THE ANSWER WITH THE COURT.
Mark R. Knuckles
Knuckles, Komosinski & Manfro, LLP
Attorneys for Plaintiff
565 Taxter Road
Suite 590
Elmsford, NY 10523
Phone: (914) 345-3020
NOTICE TO OCCUPANTS: M&T BANK IS FORECLOSING AGAINST THE OWNER OF
THIS PREMISES. IF YOU LIVE HERE, THIS LAWSUIT MAY RESULT IN YOUR
EVICTION. YOU MAY WISH TO CONTACT A LAWYER TO DISCUSS ANY RIGHTS AND
POSSIBLE DEFENSES YOU MAY HAVE.
Notice of Pendency/5000-000063-FC/PATRICIA KLEBER
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NOTICE OF OBJECT OF ACTION AND RELIEF SOUGHT
THE OBJECT of the above-entitled action is to foreclose a mortgage to secure $500,000.00 and
recorded in Liber 39607 of Mortgages at Page 407 in the office of the County Clerk/City Register of
Nassau County on April 3, 2014 covering the premises described as follows:
232 Brookville Road, Oyster Bay Town, New York 11545
The relief sought in the within action includes a final judgment directing the sale of the premises
described above to satisfy the debt secured by the mortgage.
Although Plaintiff reserves its rights pursuant to Section 1371 of the Real Property Actions and
Proceedings Law against Patricia Kleber no personal claims are made against any defendants herein.
Notice of Pendency/5000-000063-FC/PATRICIA KLEBER
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Notice to Tenants of Buildings in Foreclosure
RECEIVED NYSCEF: 02/28/2022
New York State Law requires that we provide you this notice about the foreclosure
process. Please read it carefully.
We, M&T BANK, are the foreclosing party and are located at 565 Taxter Road, Suite
590, Elmsford, New York 10523 c/o Knuckles, Komosinski & Manfro, LLP. We can be
reached at 914-345-3020.
The dwelling where your apartment is located is the subject of a foreclosure proceeding.
If you have a lease, are not the owner of the residence, and the lease requires payment
of rent that at the time it was entered into was not substantially less than the fair
market rent for the property, you may be entitled to remain in occupancy for the
remainder of your lease term. If you do not have a lease, you will be entitled to remain
in your home until ninety days after any person or entity who acquires title to the
property provides you with a notice as required by section 1305 of the Real Property
Actions and Proceedings Law. The notice shall provide information regarding the name
and address of the new owner and your rights to remain in your home. These rights are
in addition to any others you may have if you are a subsidized tenant under federal,
state or local law or if you are a tenant subject to rent control, rent stabilization or a
federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE
PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO
EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A
BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-
STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE
AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE
BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY
OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A
FULL HEARING IN COURT.
If you need further information, please call the New York State Department of
Financial Services' toll-free helpline at 1-800-342-3736 or visit the Department's website
at http://www.dfs.ny.gov.
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NYSCEF DOC. NO. 1
Help for Homeowners in Foreclosure
RECEIVED NYSCEF: 02/28/2022
New York State Law requires that we send you this notice about the foreclosure process. Please
read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the summons and
complaint in this foreclosure action, you may lose your home. Please read the summons and
complaint carefully. You should immediately contact an attorney or your local legal aid
office to obtain advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in foreclosure. In
addition to seeking assistance from an attorney or legal aid office, there are government
agencies and non-profit organizations that you may contact for information about possible
options, including trying to work with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by the New
York State Department of Financial Services at 1-800-342-3736 or visit the Department's
website at http://www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the
right to stay in your home during the foreclosure process. You are not required to leave
your home unless and until your property is sold at auction pursuant to a judgment of
foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO
TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and
local law.
Foreclosure rescue scams
Be careful of people who approach you with offers to “save” your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit from a
homeowner's distress. You should be extremely careful about any such promises and any
suggestions that you pay them a fee or sign over your deed. State law requires anyone
offering such services for profit to enter into a contract which fully describes the services
they will perform and fees they will charge, and which prohibits them from taking any
money from you until they have completed all such promised services.
§ 1303 NOTICE
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NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmI
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtmI
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AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DÍAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETIClÓN
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMAClÓN.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmi
O
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtmi
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---- -----------------------· ------------------------------X
M&T BANK,
Plaintiff,
-against-
Filed:
#1" Index No.:
PATRICIA KLEBER; "JOHN DOE through "JOHN
#10"
DOE inclusive, the names of the ten last name
COMPLAINT FOR THE
Defendants being fictitious real names unknown to the
FORECLOSURE OF A
Plaintiff, the parties intended being persons or corporations
MORTGAGE
having an interest in, or tenants or persons in possession of,
portions of the mortgaged premises described in the
Complaint,
Defendants.
------------------ ---------------------------------------X
Plaintiff, as and for its Complaint, alleges:
1. That the Plaintiff M&T Bank ("Plaintiff"), was and still is a domestic bank or corporation
authorized to transact business in the State of New York.
2. That upon information and belief, the individual Defendant(s) was/were and still is/are
resident(s) of the State of New York or are engaged in business in the State of New York or owns real
property in the State of New York.
3. That upon information and belief, the corporate Defendant(s) is/are domestic corporation(s),
corporation(s) authorized to do business in the State of New York or subject to the jurisdiction of the
New York courts by virtue of the liens recited hereinafter.
4. That the Plaintiff is the owner and/or holder of the subject mortgage and note or has
been delegated the authority to institute a mortgage foreclosure action by the owner and/or holder
of the subject mortgage, and if applicable, the Plaintiff and/or its assignor as originator of the
subject loan have complied with all of the provisions of section five hundred ninety-five-a of the
banking law and any rules and regulations promulgated thereunder, section six-1 or six-m of the
banking law, for loans governed by those provisions, and section thirteen hundred four of Article
Thirteen of the Real Property Actions and Proceedings Law.
Notice of Pendency/5000-000063-FC/PATRICIA KLEBER
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5. That upon information and belief, this action involves a residential, one-to-four family property.
6. That on March 10, 2014, Defendant Patricia Kleber duly executed, acknowledged, and
delivered a Note to Hudson City Savings Bank wherein and whereby the Defendant Patricia Kleber
acknowledged to be indebted to Hudson City Savings Bank for the amount of $500,000.00 plus interest
thereon to be paid according to its terms. Exhibit "1".
7. That as collateral security for the payment of the aforesaid sum, including interest, the
Defendant Patricia Kleber on the same day duly executed, acknowledged and delivered a Mortgage to
Hudson City Savings Bank. Exhibit "2". That the Mortgage was duly recorded in the Office of the
County Clerk/City Register of the County of Nassau on April 3, 2014, as Liber 39607 at Page 407, and
the mortgage tax thereon was duly paid.
8. The original mortgagee, Hudson City Savings Bank merged with Manufacturers and Traders
Trust Company as evidenced by Certificate of Merger dated October 8, 2015 and filed with the New
York State Department of Financial Services on November 1, 2015. Exhibit "3".
9. That said evidence of obligation and mortgage or either of them provide that in the event of a
default in the payment of said principal or interest, or any part thereof, or by reason of any default that
is more particularly set forth in said evidence of obligation or mortgage, the holder thereof is
empowered to sell the mortgaged premises according to law.
10. That in and by the above described evidence of obligation, guarantee, or the note secured
thereby and the mortgage, it was covenanted and agreed, among other things, that in the event any
default was made in the monthly payment of $2,459.70 (inclusive of principal and interest) the Holder,
at its option might declare the entire principal sum due and payable.
11. That the Defendant Patricia Kleber, pursuant to the terms of the evidence of obligation,
guarantee, or the note secured thereby, has defaulted in making the aforesaid monthly payments for a
period exceeding thirty (30) days. More precisely, the Defendant Patricia Kleber has defaulted in
making the monthly payment due May 1, 2020 and monthly thereafter.
12. That notices of default pursuant to the mortgage were mailed to the Defendant(s) Patricia
Kleber in the form and manner required by the mortgage. Exhibit "4".
13. That 90-day notices were mailed to Patricia Kleber in the form and manner prescribed by
RPAPL §1304 and completed the registration requirements of RPAPL § 1306. Exhibit "5".
Notice of Pendency/5000-000063-FC/PATRICIA KLEBER
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14. That by reason of the default of the Defendant Patricia Kleber, and pursuant to the acceleration
provisions of said note and mortgage, the Plaintiff has elected and does elect that the whole of the
principal sum secured thereby become immediately due and payable and there is now justly due and
payable to the Plaintiff by virtue of such acceleration, the principal sum of $437,294.59 plus interest at
the contract rate from April 1, 2020.
15. That no other action has been had for the recovery of said sum secured by the note and
mortgage or any part thereof.
16. That Paragraphs 1, 3, 5 as contained in the mortgage are incorporated herein by reference as
Exhibit "2".
17. That the Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of this action of all or
any part of the arrears due and owing or the curing of any or all of the defaults mentioned herein, and
such election shall continue and remain effective until all the costs and disbursements of this action,
and any and all future defaults under the aforesaid note and mortgage occurring prior to the
discontinuance of this action, are fully paid or cured.
18. That in order to protect its security, the Plaintiff may be compelled, before and/or during the
pendency of this action, to pay taxes, water rates, fire insurance premiums and other charges affecting
the said mortgaged premises, and the Plaintiff requests that any sums so paid be added to the amount
due to the Plaintiff upon the note and mortgage and be deemed secured thereby.
19. That the premises are or may be subject to covenants, restrictions, easements and agreements of
record, if any; to any state of facts an accurate survey may show; to financing statements of record, if
any; to existing prior mortgages and liens, if any; to existing tenancies and/or occupancies, if any; to
violations in any state or municipal department, if any; to the statutory right of the United States of
America to redeem, if any; and the Plaintiff requests that the premises be sold subject thereto.
20. That pursuant to the provisions of the Civil Practice Law and Rules 3012-b(a) of the State of
New York, an executed copy of the original certificate of merit filed simultaneously with the summons
and complaint is attached hereto as "Exhibit "6".
Notice of Pendency/5000-000063-FC/PATRICIA KLEBER
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WHEREFORE, the Plaintiff demands judgment that the Defendant Patricia Kleber herein and all
persons claiming under them or any or either of them, subsequent to the commencement of this action,
may be forever barred and foreclosed of all right, claim, lien and equity of redemption in the said
mortgaged premises and that the said premises be decreed to be sold according to law subject to the
provisions contained herein and that the monies arising from the sale may be brought into Court and
that the Plaintiff may be paid the amount due on the said note and mortgage with interest to the time of
such payment, together with expenses of sale, attorney's fees, and the costs, allowances, disbursements
and additional allowances granted herein, so far as the amount of such monies properly applicable
thereto will pay the same and that the Defendant Patricia Kleber may be adjudged to pay the whole
residue, or so much thereof as the Court may determine to be just and equitable, of the debt remaining
unsatisfied after the sale of the mortgaged premises and the application of the proceeds pursuant to the
provisions contained in such Judgment, the amount thereof to be determined by the Court as provided
in Section 1371 of the Real Property Actions and Proceedings Law.
DATED: February 28, 2022
Elmsford, New York
Mark R. Knuckles
Knuckles, Komosinski & Manfro, LLP
Attorneys for Plaintiff
565 Taxter Road
Suite 590
Elmsford, NY 10523
Phone: (914) 345-3020
Notice of Pendency/5000-000063-FC/PATRICIA KLEBER
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Preview
FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------- -------------------------- -----X M&T BANK, Plaintiff, Filed: -against- Index No.: #1" Plaintiff designates NASSAU PATRICIA KLEBER; "JOHN DOE through "JOHN #10" County as place of trial Venue is DOE inclusive, the names of the ten last name based upon County in which Defendants being fictitious, real names unknown to the premises are being situate Plaintiff, the parties intended being persons or corporations SUMMONS TO FORECLOSE having an interest in, or tenants or persons in possession of, ACTION TO FORECLOSE A portions of the mortgaged premises desenbed in the MORTGAGE Complaint, Defendants. _______________________________________________________________ --X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance upon the Plaintiff s attorney within twenty (20) days after the service of this Summons, exclusive of the date of service or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York. If you fail to so appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. DATED: February 28, 2022 Elmsford, New York Notice of Pendency/5000-000063-FC/PATRICIA KLEBER 1 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 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 judgmcñt may be entered and you can lose your home. Speak to an attorney or go to the court where your case is peñdiñg 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 M&T BANK AND FILING THE ANSWER WITH THE COURT. Mark R. Knuckles Knuckles, Komosinski & Manfro, LLP Attorneys for Plaintiff 565 Taxter Road Suite 590 Elmsford, NY 10523 Phone: (914) 345-3020 NOTICE TO OCCUPANTS: M&T BANK IS FORECLOSING AGAINST THE OWNER OF THIS PREMISES. IF YOU LIVE HERE, THIS LAWSUIT MAY RESULT IN YOUR EVICTION. YOU MAY WISH TO CONTACT A LAWYER TO DISCUSS ANY RIGHTS AND POSSIBLE DEFENSES YOU MAY HAVE. Notice of Pendency/5000-000063-FC/PATRICIA KLEBER 2 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 NOTICE OF OBJECT OF ACTION AND RELIEF SOUGHT THE OBJECT of the above-entitled action is to foreclose a mortgage to secure $500,000.00 and recorded in Liber 39607 of Mortgages at Page 407 in the office of the County Clerk/City Register of Nassau County on April 3, 2014 covering the premises described as follows: 232 Brookville Road, Oyster Bay Town, New York 11545 The relief sought in the within action includes a final judgment directing the sale of the premises described above to satisfy the debt secured by the mortgage. Although Plaintiff reserves its rights pursuant to Section 1371 of the Real Property Actions and Proceedings Law against Patricia Kleber no personal claims are made against any defendants herein. Notice of Pendency/5000-000063-FC/PATRICIA KLEBER 3 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 Notice to Tenants of Buildings in Foreclosure RECEIVED NYSCEF: 02/28/2022 New York State Law requires that we provide you this notice about the foreclosure process. Please read it carefully. We, M&T BANK, are the foreclosing party and are located at 565 Taxter Road, Suite 590, Elmsford, New York 10523 c/o Knuckles, Komosinski & Manfro, LLP. We can be reached at 914-345-3020. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT- STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Department of Financial Services' toll-free helpline at 1-800-342-3736 or visit the Department's website at http://www.dfs.ny.gov. 4 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 Help for Homeowners in Foreclosure RECEIVED NYSCEF: 02/28/2022 New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at 1-800-342-3736 or visit the Department's website at http://www.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure rescue scams Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. § 1303 NOTICE 5 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmI OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtmI 6 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DÍAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETIClÓN POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMAClÓN. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmi O https://www.nycourts.gov/courthelp/Homes/foreclosures.shtmi 7 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---- -----------------------· ------------------------------X M&T BANK, Plaintiff, -against- Filed: #1" Index No.: PATRICIA KLEBER; "JOHN DOE through "JOHN #10" DOE inclusive, the names of the ten last name COMPLAINT FOR THE Defendants being fictitious real names unknown to the FORECLOSURE OF A Plaintiff, the parties intended being persons or corporations MORTGAGE having an interest in, or tenants or persons in possession of, portions of the mortgaged premises described in the Complaint, Defendants. ------------------ ---------------------------------------X Plaintiff, as and for its Complaint, alleges: 1. That the Plaintiff M&T Bank ("Plaintiff"), was and still is a domestic bank or corporation authorized to transact business in the State of New York. 2. That upon information and belief, the individual Defendant(s) was/were and still is/are resident(s) of the State of New York or are engaged in business in the State of New York or owns real property in the State of New York. 3. That upon information and belief, the corporate Defendant(s) is/are domestic corporation(s), corporation(s) authorized to do business in the State of New York or subject to the jurisdiction of the New York courts by virtue of the liens recited hereinafter. 4. That the Plaintiff is the owner and/or holder of the subject mortgage and note or has been delegated the authority to institute a mortgage foreclosure action by the owner and/or holder of the subject mortgage, and if applicable, the Plaintiff and/or its assignor as originator of the subject loan have complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated thereunder, section six-1 or six-m of the banking law, for loans governed by those provisions, and section thirteen hundred four of Article Thirteen of the Real Property Actions and Proceedings Law. Notice of Pendency/5000-000063-FC/PATRICIA KLEBER 8 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 5. That upon information and belief, this action involves a residential, one-to-four family property. 6. That on March 10, 2014, Defendant Patricia Kleber duly executed, acknowledged, and delivered a Note to Hudson City Savings Bank wherein and whereby the Defendant Patricia Kleber acknowledged to be indebted to Hudson City Savings Bank for the amount of $500,000.00 plus interest thereon to be paid according to its terms. Exhibit "1". 7. That as collateral security for the payment of the aforesaid sum, including interest, the Defendant Patricia Kleber on the same day duly executed, acknowledged and delivered a Mortgage to Hudson City Savings Bank. Exhibit "2". That the Mortgage was duly recorded in the Office of the County Clerk/City Register of the County of Nassau on April 3, 2014, as Liber 39607 at Page 407, and the mortgage tax thereon was duly paid. 8. The original mortgagee, Hudson City Savings Bank merged with Manufacturers and Traders Trust Company as evidenced by Certificate of Merger dated October 8, 2015 and filed with the New York State Department of Financial Services on November 1, 2015. Exhibit "3". 9. That said evidence of obligation and mortgage or either of them provide that in the event of a default in the payment of said principal or interest, or any part thereof, or by reason of any default that is more particularly set forth in said evidence of obligation or mortgage, the holder thereof is empowered to sell the mortgaged premises according to law. 10. That in and by the above described evidence of obligation, guarantee, or the note secured thereby and the mortgage, it was covenanted and agreed, among other things, that in the event any default was made in the monthly payment of $2,459.70 (inclusive of principal and interest) the Holder, at its option might declare the entire principal sum due and payable. 11. That the Defendant Patricia Kleber, pursuant to the terms of the evidence of obligation, guarantee, or the note secured thereby, has defaulted in making the aforesaid monthly payments for a period exceeding thirty (30) days. More precisely, the Defendant Patricia Kleber has defaulted in making the monthly payment due May 1, 2020 and monthly thereafter. 12. That notices of default pursuant to the mortgage were mailed to the Defendant(s) Patricia Kleber in the form and manner required by the mortgage. Exhibit "4". 13. That 90-day notices were mailed to Patricia Kleber in the form and manner prescribed by RPAPL §1304 and completed the registration requirements of RPAPL § 1306. Exhibit "5". Notice of Pendency/5000-000063-FC/PATRICIA KLEBER 9 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 14. That by reason of the default of the Defendant Patricia Kleber, and pursuant to the acceleration provisions of said note and mortgage, the Plaintiff has elected and does elect that the whole of the principal sum secured thereby become immediately due and payable and there is now justly due and payable to the Plaintiff by virtue of such acceleration, the principal sum of $437,294.59 plus interest at the contract rate from April 1, 2020. 15. That no other action has been had for the recovery of said sum secured by the note and mortgage or any part thereof. 16. That Paragraphs 1, 3, 5 as contained in the mortgage are incorporated herein by reference as Exhibit "2". 17. That the Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action of all or any part of the arrears due and owing or the curing of any or all of the defaults mentioned herein, and such election shall continue and remain effective until all the costs and disbursements of this action, and any and all future defaults under the aforesaid note and mortgage occurring prior to the discontinuance of this action, are fully paid or cured. 18. That in order to protect its security, the Plaintiff may be compelled, before and/or during the pendency of this action, to pay taxes, water rates, fire insurance premiums and other charges affecting the said mortgaged premises, and the Plaintiff requests that any sums so paid be added to the amount due to the Plaintiff upon the note and mortgage and be deemed secured thereby. 19. That the premises are or may be subject to covenants, restrictions, easements and agreements of record, if any; to any state of facts an accurate survey may show; to financing statements of record, if any; to existing prior mortgages and liens, if any; to existing tenancies and/or occupancies, if any; to violations in any state or municipal department, if any; to the statutory right of the United States of America to redeem, if any; and the Plaintiff requests that the premises be sold subject thereto. 20. That pursuant to the provisions of the Civil Practice Law and Rules 3012-b(a) of the State of New York, an executed copy of the original certificate of merit filed simultaneously with the summons and complaint is attached hereto as "Exhibit "6". Notice of Pendency/5000-000063-FC/PATRICIA KLEBER 10 of 11 FILED: NASSAU COUNTY CLERK 02/28/2022 03:17 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2022 WHEREFORE, the Plaintiff demands judgment that the Defendant Patricia Kleber herein and all persons claiming under them or any or either of them, subsequent to the commencement of this action, may be forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged premises and that the said premises be decreed to be sold according to law subject to the provisions contained herein and that the monies arising from the sale may be brought into Court and that the Plaintiff may be paid the amount due on the said note and mortgage with interest to the time of such payment, together with expenses of sale, attorney's fees, and the costs, allowances, disbursements and additional allowances granted herein, so far as the amount of such monies properly applicable thereto will pay the same and that the Defendant Patricia Kleber may be adjudged to pay the whole residue, or so much thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied after the sale of the mortgaged premises and the application of the proceeds pursuant to the provisions contained in such Judgment, the amount thereof to be determined by the Court as provided in Section 1371 of the Real Property Actions and Proceedings Law. DATED: February 28, 2022 Elmsford, New York Mark R. Knuckles Knuckles, Komosinski & Manfro, LLP Attorneys for Plaintiff 565 Taxter Road Suite 590 Elmsford, NY 10523 Phone: (914) 345-3020 Notice of Pendency/5000-000063-FC/PATRICIA KLEBER 11 of 11