Preview
FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff,
-vs- SUMMONS
SEAN P. MCGRATH A/K/A SEAN MCGRATH;
BOARD OF MANAGERS OF THE
COSMOPOLITAN CONDOMINIUM;
DOE" DOE"
"JOHN AND "JANE said Index No.
names being fictitious, itbeing the intention of
Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
Mortgaged Premises:
145 EAST 48TH STREET, UNIT 18A,
NEW YORK, NY 10017
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the
service of this Summons, exclusive of the day of service, or within thirty (30) days after service
of the same is complete where service is made in any manner other 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. Your failure to appear or to answer will result
in a judgment against you by default for the relief demanded in the Complaint. In the event that a
deficiency balance remains from the sale proceeds, a judgment may be entered against you,
unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be
just and equitable.
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 court, a default judgment may be
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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.
NEW YORK County is designated as the place of trial. The basis of venue is the location
of the mortgaged premises.
DATED: April +4', , 2018 6 4
Mark '.Broyles, Esq.
FEIN, SUCH & CRANE, LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
QCHC1458
BLOCK: 1303
LOT: 1018
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NATURE AND OBJECT OF ACTION
The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in
the County of NEW YORK, State of New York as more particularly described in the Complaint
herein.
TO THE DEFENDANT, except SEAN P. MCGRATH A/K/A SEAN MCGRATH, the
plaintiff makes no personal claim against you in this action.
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Help for Homeowners in Foreclosure
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 the New York State Department of Financial Services at 1-800-
by
342-3736 or visit the Department's website at 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
"save"
Be careful of people who approach you with offers to your home.
These 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.
g 1303 Notice 122016
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STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
__
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff,
-vs- COMPLAINT
SEAN P. MCGRATH A/K/A SEAN MCGRATH;
BOARD OF MANAGERS OF THE
COSMOPOLITAN CONDOMINIUM;
DOE" DOE"
"JOHN AND "JANE said Index No.
names being fictitious, itbeing the intention of
Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
The plaintiff herein, by FE1N, SUCH & CRANE, LLP, its attorneys, complains of the
defendants above named, and for its cause of action, alleges:
FIRST: The plaintiff, is a national association, duly licensed, organized and existing
pursuant to the laws of the United States of America, doing business in the State of New York.
SECOND: Upon information and belief, at alltimes hereinafter mentioned, the
A"
defendant(s) reside or conduct business at the address set forth in "Schedule annexed hereto
(any that are corporations being organized and existing under the laws of the State set forth
therein), and are made defendants in this action in the capacities and for the reasons alleged
therein.
THIRD: That the United States of America, the People of the State of New York, the
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
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New York, and all other agencies or instrumentalities of the Federal, State or local government,
however designated, if named as defendants, are made parties solely by reason of the facts set
B."
forth in the annexed "Schedule
FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor
and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a
certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
and assigns, jointly and severally, in the amount of said sum, as more fully described in the
C,"
annexed "Schedule said schedule being a copy of the Lost Note Affidavit for the bond(s) or
note(s), or accurate reference to the assumption agreement(s) evidencing indebtedness to
plaintiff, together with the terms of repayment of said sum and rights of the plaintiff.
FIFTH: Plaintiff is the holder of the Note referenced in paragraph FOURTH and entitled
to enforce the Note. The Note was payable to Plaintiff or indorsed (specifically or in blank) and
negotiated to Plaintiff. A copy of the Lost Note Affidavit evidencing Plaintiffs holder status is
annexed hereto as Schedule "C".
SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was
D,"
executed as annexed hereto in "Schedule acknowledged and delivered to the stated
Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors
bargained, granted and sold to the mortgagee named therein, its successors and assigns, the
Premises"
premises more particularly described therein (hereinafter, the "Mortgaged Premises") under
certain conditions with rights, duties and privileges between the parties as described therein.
SEVENTH: The Mortgage is currently held by Plaintiff. Copies are attached. As such,
Plaintiff is current beneficiary of the Mortgage securing the Note, the originals of which are in
Plaintiffs possession and control, and Plaintiff is otherwise entitled to enforce the subject
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Mortgage and Note pursuant to law.
EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due
thereon was duly paid in the County Clerk's Office at the place and time that appears therein.
NINTH: That Plaintiff has complied with allapplicable provisions of the RPAPL
Section 1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m if
applicable, in securing the aforementioned indebtedness and at alltimes thereafter. In accordance
with RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago but
within the last 12 months. The 90 day notice was sent at least 90 days before the commencement
of this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type,
contained the statutorily dictated language and the addresses and phone numbers of at least five
US Department of Housing and Urban Development approved housing counseling agencies in
the region where the borrower resides and was mailed by registered or certified mail and first
class mail to the lastknown address of the borrower. Plaintiff has fully and completely complied
with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306
filing requirements in that the filing with the superintendent was completed within three (3)
business days of the mailing.
TENTH: That the defendant(s), SEAN P. MCGRATH A/K/A SEAN MCGRATH,
has failed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions
of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other
charges, all as more fully described in "Schedule E".
ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the
mortgage(s) as more than thirty (30) days have elapsed since the date of default.
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E"
TWELFTH: That "Schedule sets forth the principal balance due and the date and rate
from which interest accrued and is owing from the defendant(s) default.
THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in
"Schedule or be compelled to the of this local assess-
E", may pay during pendency action, taxes,
ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,
and hereby requests that any sums paid by itfor said purposes, with interest thereon, be added to
the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the
Mortgaged Premises.
FOURTEENTH: That the defendants herein have or claim to have some interest in, or
lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued
subsequent to the lien of the plaintiffs mortgage(s).
FIFTEENTH: That the plaintiff is now the true and lawful holder of the said
bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there
have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or
mortgage(s) except for Index No. 850204/2017 and Index No. 102924/2010, which were
voluntarily discontinued without prejudice, and no such proceedings are currently pending.
SIXTEENTH: That Schedules "A", "B", "C", "D", and "E", be incorporated and made
part of the Complaint with the same force and effect as if they were completely and fully set forth
wherever reference is made to them herein.
SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released
or changed its election herein by reason of any payment after the commencement of this action of
any or all of the defaults mentioned herein and such election shall continue to be effective.
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EIGHTEENTH: Sean P. McGrath is also known as Sean McGrath.
WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it
for principal, interest, costs and reasonable attorneys', fees if provided for in the bond(s), note(s)
or mortgage(s), and that the defendants, and any persons claiming by, through or under them
subsequent to the commencement of this action, and every other person or corporation whose
right, title,conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded
subsequent to the plaintiffs interest, be forever barred and foreclosed of allright, claim, lien,
interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises,
or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts
due for principal, interest, costs, allowances and disbursements, together with any monies
advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s),
note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s)
out of the proceeds from the sale thereof, with interest thereon from the respective dates of
attorneys'
payment thereof, costs and expenses of this action and reasonable fees, ifprovided for
in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said
payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this
Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged
Premises with the usual powers and duties associated therewith; that the defendants whom
executed the Note and were not otherwise released or discharged by bankruptcy be adjudged to
pay any remaining deficiency; and such other or further relief as may be just and equitable, unless
the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and
equitable. The plaintiff hereby reserves itsright to share in surplus monies from the sale by
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virtue of its position as a judgment or other lien creditor, excluding the mortgage(s) foreclosed
herein.
DATED: April ~4
, 2018
Mark K. Broyles, E...
].
FEIN, SUCH & CRANE, LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
QCHC1458
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"A" -
SCHEDULE DEFENDANTS
DEFENDANTS CAPACITY
Sean P. McGrath a/k/a Sean McGrath Record Owner and original obligor under the
145 East 48th Street, Unit 18A, Bond/Note secured by the Mortgage recorded
New York, NY 10017 in Reel 2358, Page 1216, in the Office of the
City Registrar on August 20, 1996. Said
Alternate Address: Mortgage was then assigned by The Federal
305 Lexington Ave PH A Deposit Insurance Corporation, as Receiver of
New York, NY 10016 Washington Mutual Bank, F/K/A Washington
Mutual Bank, FA, S/B/M to The Dime Savings
Bank of New York, FSB to Plaintiff by virtue
of an Assignment of Mortgage dated December
1, 2016, and recorded in CRFN
2016000449254, in the Office of the City
Registrar on December 19, 2016.
Board of Managers of The Possible Subordinate Lienor by virtue of
Cosmopolitan Condominium numerous Liens of Unpaid Common Charges
145 East 48th Street, against Sean P. McGrath aka Sean McGrath, as
New York, NY 10017 set out in Schedule "A-1".
_______________________________________________________
Possible Subordinate Lienor by virtue of any
other unpaid common and/or maintenance
charges, if owed.
John Doe and Jane Doe Said names being fictitious, itbeing the
intention of Plaintiff to designate any and all
occupants of premises being foreclosed herein.
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NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page is part
ofthe instrument.The City
Registerwillrelyon lheinformation provided
by you on thispage forpurposes of indexing
thisinstrument.The information page
on this
willcontrolforindexing pmposes inthe event
of anyconflictwith the rest
of the document.
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3
Document ID: Document Date:02-09-2012 Preparation Date:02-22-2012
Document Type: LIEN OF COMMON CHARGES
Document Page Count: 2
PRESENTER: RETURN TO:
STIEFEL & COHEN STIEFEL & COHEN
770 LEXINGTON AVENUE 770 LEXINGTON AVENUE
16TH FLOOR 16TH FLOOR
NEW YORK, NY 10065 NEW YORK NY 10065
212-755-2800 212-755-2800
PROPERTY DATA
Borough Block Lot Unit Address
STRI.";I,'I'
MAN1IATTAN 1303 1018 Entire Lot 18A 145 EAST 48TH STREET
1)N11'
Property Type: SINGLE RESIDENTIAL CONDO UNT1
CROSS REFERENCE DATA
CRFN or Document ID at Year Reel _ Page_ or FileNumber
PARTIES
PARTY ONE/DEBTOR: PARTY TWO/SECURED PA:
SEAN MCGRATH 813 OF MNGRS THE COSMOPOLITAN
I';AS'I' I".I'
145 EAST 48TH STREET , CONDOMINIUM
NEW YORK, NY 10017 145 EAST 48TH STREET
NEW YORK, NY 10017
FEES AND TAXES
Mortgage FilingFee:
Mortgpgc Amount: 8 0.00 S 0.00
Taxable Morigate Amount:
.vi<)rlgitcc s 0.(X) NYC Real Property Transfer Tax:
Exempdon; S 0.00
.(
TAXES: County (Basit): s 0.(X) NYS Real Estate Transfer Tax:
I' $ 0.00
City 1Additionalt s 0.00
Spee (Additional): S 0.(X) RECORDED OR FILED IN THE OFFICE
TANI : 8 0 J X) ,, . , OF THE CITY REGISTER OF THE
MTA: 5 0 JX) CITY OF NEW YORK
NYCTA: S 0 JX) ,~ ~t >" Recorded/Filed 03-07-2012 11:07
Additional MRT: 0 JX) g'(/ ' g ':
t~~'<,l RegisterFile No.(CRFN):
5 City
FOTAl : s 0.00 " .I I': 2012000088991
'","~;
--
Recoiding I ce: s 47.(X) I 22 2
«4vlg" II+'
,Xt lidavil
Al I ce: s 0 3 X)
/
City Register Official 5ig~nature
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1
NOTICE UNDER THE CONDOMINIUM ACT
FOR
UNPAID COMMON CHARGES
To the clerk of the County of New York, State of New York, and allothers whom itmay concern:
PLEASE TAKE NOTICE that the undersigned Board of Managers of The Cosmopolitan
Condominium, 145 East 48th Street, New York, New York 10017, on behalf of the unit owners, as
lienor has and claims a lien on the condominium unit described as follows:
(1.) The names (if any) and address of the property is The Cosmopolitan Condominium,
145 East 48th Street, New York, New York.
(2.) The liber of record of the declaration is:liber 1061; page 1149.
(3.) The name of the record owner of the unit is:Sean McGrath.
(4.) The unit designation is: 18A.
(5.) The amount and purpose for which due is: amount $4,467.78; Purpose: common
charges; late fees and assessments.
(6.) The date when due is from various due dates, the last of which was February 1,
2012.
Dated: New York, ew York
February , 2012 THE BOARD OF MANAGERS (LIENOR)
of
THE COSMOPOLITAN COND INIUM
BLOCK: 1303
LOT: 1018 By:
VICTO KAVY, Buildi Man er
STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
VICTOR KAVY, being duly sworn deposes and says:
Deponent has read the foregoing notice of lien and knows the contents thereof, and that the
same is true to deponent's own knowledge, except as to the matters therein stated to be alleged
upon information and belief, and that as to those matters deponent believes itto be true. The
reason why this verification is made by deponent is that deponent is the Building Manager for the
Board of Managers of The Cosmopolitan Condominium and deponent is familiar with the facts and
circumstances herein.
VICTOR KAVY, ildin anager
M
Swom to before me this tL
day of February Jennilee De n
Notary Public,Stateof New York
NO.01DE6208830
Public Qualifiedin Bronx
Notary County
Comntission Expires 07/13j20Q
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ACKNOWLEDGMENT
STATE OF NEW YORK )
)ss.: /
COUNTY OF NEW YORK )
On this day of February in the year 2012, before me, the undersigned,
personally appeared VICTOR KAVY, known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
Signature an ffice of Individual
taking acknowledgment
Jennilee De I2on
Public,Stateof New York
Notary
NO.01DE6208830
Qualified in Bronx County
Commission Expires 07/13/2015
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NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page is part
ofthe instrument.liteCity
Registerwillrcl)"
on1he infonnation provided
rely
by you on this pageforpurposes ofindexing
thisinstrument.The informationon this page
willconlrolforindexing pin-posesin the event
of anyconflictwith the ress of
the document.
DING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3
Document ID: Document Date: 12-12-2012 Preparation Date: 12-13-2012
Document Type: LIEN OU COMMON CHARGES
Document Page Count: 2
PRESENTER: RETURN TO:
STIEFEL «vvCOHEN
& STIEFEL & COMEN
770 LEXINGTON AVENUE 770 LEXINGTON AVENUE
6TH FLOOR 6TH FLOOR
NEW YORK, NY 10065 NEW YORK, NY 10065
212-755-2800 212-755-2800
PROPERTY DATA
Borough Block Lot Unit Address
I'1'
MANilATTAN 1303 1018 EntireLot 18A 145 EAST 48TH STREET
I)NI'I'
Property Type: SINGLE RESIDENTIAL CONDO UNIT
CROSS REFERENCE DATA
CRFN or Document ID or Year Reel Paue or FileNumber
PARTIES
PARTY ONE/DEBTOR: PARTY TWO/SECURED PA:
SEAN MCGRATH BD OF MNGRS OF THE COSMOPOl.1TAN
L!AS'I' I".I" I."
145 EAST 48Til STREET CONDOMINIl?M
S'I'Rl'.;I;"I'
NEW YORK. NY 10017 145 EAST 48TH STREET
NEW YORK, NY 10017
FEES AND TAXES
Mortgage Filing Fee:
Mortgage Amount: 5 0.00 S 0.00
Taxable Mortgage Amount: s 0.00 NYC Real Property Transfer ·l ax:
ill'
.xclltpl1«
1.xemption 0.00
TAXES: County (Itasic): s 0.00 NYS Real Estate Transfer Tax:
City (Additional): 5 0.(X) 0.l)0
SpecIAdditional t S 0 (X)
Preview
FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, -vs- SUMMONS SEAN P. MCGRATH A/K/A SEAN MCGRATH; BOARD OF MANAGERS OF THE COSMOPOLITAN CONDOMINIUM; DOE" DOE" "JOHN AND "JANE said Index No. names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. Mortgaged Premises: 145 EAST 48TH STREET, UNIT 18A, NEW YORK, NY 10017 TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other 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. Your failure to appear or to answer will result in a judgment against you by default for the relief demanded in the Complaint. In the event that a deficiency balance remains from the sale proceeds, a judgment may be entered against you, unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable. 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 court, a default judgment may be 1 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 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. NEW YORK County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. DATED: April +4', , 2018 6 4 Mark '.Broyles, Esq. FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 QCHC1458 BLOCK: 1303 LOT: 1018 2 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 NATURE AND OBJECT OF ACTION The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in the County of NEW YORK, State of New York as more particularly described in the Complaint herein. TO THE DEFENDANT, except SEAN P. MCGRATH A/K/A SEAN MCGRATH, the plaintiff makes no personal claim against you in this action. 3 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 Help for Homeowners in Foreclosure 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 the New York State Department of Financial Services at 1-800- by 342-3736 or visit the Department's website at 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 "save" Be careful of people who approach you with offers to your home. These 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. g 1303 Notice 122016 4 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK __ JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, -vs- COMPLAINT SEAN P. MCGRATH A/K/A SEAN MCGRATH; BOARD OF MANAGERS OF THE COSMOPOLITAN CONDOMINIUM; DOE" DOE" "JOHN AND "JANE said Index No. names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. The plaintiff herein, by FE1N, SUCH & CRANE, LLP, its attorneys, complains of the defendants above named, and for its cause of action, alleges: FIRST: The plaintiff, is a national association, duly licensed, organized and existing pursuant to the laws of the United States of America, doing business in the State of New York. SECOND: Upon information and belief, at alltimes hereinafter mentioned, the A" defendant(s) reside or conduct business at the address set forth in "Schedule annexed hereto (any that are corporations being organized and existing under the laws of the State set forth therein), and are made defendants in this action in the capacities and for the reasons alleged therein. THIRD: That the United States of America, the People of the State of New York, the State Tax Commission of the State of New York, the Industrial Commissioner of the State of 5 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 New York, and all other agencies or instrumentalities of the Federal, State or local government, however designated, if named as defendants, are made parties solely by reason of the facts set B." forth in the annexed "Schedule FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators and assigns, jointly and severally, in the amount of said sum, as more fully described in the C," annexed "Schedule said schedule being a copy of the Lost Note Affidavit for the bond(s) or note(s), or accurate reference to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of repayment of said sum and rights of the plaintiff. FIFTH: Plaintiff is the holder of the Note referenced in paragraph FOURTH and entitled to enforce the Note. The Note was payable to Plaintiff or indorsed (specifically or in blank) and negotiated to Plaintiff. A copy of the Lost Note Affidavit evidencing Plaintiffs holder status is annexed hereto as Schedule "C". SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was D," executed as annexed hereto in "Schedule acknowledged and delivered to the stated Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors bargained, granted and sold to the mortgagee named therein, its successors and assigns, the Premises" premises more particularly described therein (hereinafter, the "Mortgaged Premises") under certain conditions with rights, duties and privileges between the parties as described therein. SEVENTH: The Mortgage is currently held by Plaintiff. Copies are attached. As such, Plaintiff is current beneficiary of the Mortgage securing the Note, the originals of which are in Plaintiffs possession and control, and Plaintiff is otherwise entitled to enforce the subject 6 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 Mortgage and Note pursuant to law. EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due thereon was duly paid in the County Clerk's Office at the place and time that appears therein. NINTH: That Plaintiff has complied with allapplicable provisions of the RPAPL Section 1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m if applicable, in securing the aforementioned indebtedness and at alltimes thereafter. In accordance with RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago but within the last 12 months. The 90 day notice was sent at least 90 days before the commencement of this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type, contained the statutorily dictated language and the addresses and phone numbers of at least five US Department of Housing and Urban Development approved housing counseling agencies in the region where the borrower resides and was mailed by registered or certified mail and first class mail to the lastknown address of the borrower. Plaintiff has fully and completely complied with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306 filing requirements in that the filing with the superintendent was completed within three (3) business days of the mailing. TENTH: That the defendant(s), SEAN P. MCGRATH A/K/A SEAN MCGRATH, has failed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully described in "Schedule E". ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the mortgage(s) as more than thirty (30) days have elapsed since the date of default. 7 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 E" TWELFTH: That "Schedule sets forth the principal balance due and the date and rate from which interest accrued and is owing from the defendant(s) default. THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in "Schedule or be compelled to the of this local assess- E", may pay during pendency action, taxes, ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises, and hereby requests that any sums paid by itfor said purposes, with interest thereon, be added to the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the Mortgaged Premises. FOURTEENTH: That the defendants herein have or claim to have some interest in, or lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued subsequent to the lien of the plaintiffs mortgage(s). FIFTEENTH: That the plaintiff is now the true and lawful holder of the said bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s) except for Index No. 850204/2017 and Index No. 102924/2010, which were voluntarily discontinued without prejudice, and no such proceedings are currently pending. SIXTEENTH: That Schedules "A", "B", "C", "D", and "E", be incorporated and made part of the Complaint with the same force and effect as if they were completely and fully set forth wherever reference is made to them herein. SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released or changed its election herein by reason of any payment after the commencement of this action of any or all of the defaults mentioned herein and such election shall continue to be effective. 8 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 EIGHTEENTH: Sean P. McGrath is also known as Sean McGrath. WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it for principal, interest, costs and reasonable attorneys', fees if provided for in the bond(s), note(s) or mortgage(s), and that the defendants, and any persons claiming by, through or under them subsequent to the commencement of this action, and every other person or corporation whose right, title,conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded subsequent to the plaintiffs interest, be forever barred and foreclosed of allright, claim, lien, interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises, or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts due for principal, interest, costs, allowances and disbursements, together with any monies advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s), note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s) out of the proceeds from the sale thereof, with interest thereon from the respective dates of attorneys' payment thereof, costs and expenses of this action and reasonable fees, ifprovided for in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged Premises with the usual powers and duties associated therewith; that the defendants whom executed the Note and were not otherwise released or discharged by bankruptcy be adjudged to pay any remaining deficiency; and such other or further relief as may be just and equitable, unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable. The plaintiff hereby reserves itsright to share in surplus monies from the sale by 9 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 virtue of its position as a judgment or other lien creditor, excluding the mortgage(s) foreclosed herein. DATED: April ~4 , 2018 Mark K. Broyles, E... ]. FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 QCHC1458 10 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 "A" - SCHEDULE DEFENDANTS DEFENDANTS CAPACITY Sean P. McGrath a/k/a Sean McGrath Record Owner and original obligor under the 145 East 48th Street, Unit 18A, Bond/Note secured by the Mortgage recorded New York, NY 10017 in Reel 2358, Page 1216, in the Office of the City Registrar on August 20, 1996. Said Alternate Address: Mortgage was then assigned by The Federal 305 Lexington Ave PH A Deposit Insurance Corporation, as Receiver of New York, NY 10016 Washington Mutual Bank, F/K/A Washington Mutual Bank, FA, S/B/M to The Dime Savings Bank of New York, FSB to Plaintiff by virtue of an Assignment of Mortgage dated December 1, 2016, and recorded in CRFN 2016000449254, in the Office of the City Registrar on December 19, 2016. Board of Managers of The Possible Subordinate Lienor by virtue of Cosmopolitan Condominium numerous Liens of Unpaid Common Charges 145 East 48th Street, against Sean P. McGrath aka Sean McGrath, as New York, NY 10017 set out in Schedule "A-1". _______________________________________________________ Possible Subordinate Lienor by virtue of any other unpaid common and/or maintenance charges, if owed. John Doe and Jane Doe Said names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein. 11 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 12 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part ofthe instrument.The City Registerwillrelyon lheinformation provided by you on thispage forpurposes of indexing thisinstrument.The information page on this willcontrolforindexing pmposes inthe event of anyconflictwith the rest of the document. RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3 Document ID: Document Date:02-09-2012 Preparation Date:02-22-2012 Document Type: LIEN OF COMMON CHARGES Document Page Count: 2 PRESENTER: RETURN TO: STIEFEL & COHEN STIEFEL & COHEN 770 LEXINGTON AVENUE 770 LEXINGTON AVENUE 16TH FLOOR 16TH FLOOR NEW YORK, NY 10065 NEW YORK NY 10065 212-755-2800 212-755-2800 PROPERTY DATA Borough Block Lot Unit Address STRI.";I,'I' MAN1IATTAN 1303 1018 Entire Lot 18A 145 EAST 48TH STREET 1)N11' Property Type: SINGLE RESIDENTIAL CONDO UNT1 CROSS REFERENCE DATA CRFN or Document ID at Year Reel _ Page_ or FileNumber PARTIES PARTY ONE/DEBTOR: PARTY TWO/SECURED PA: SEAN MCGRATH 813 OF MNGRS THE COSMOPOLITAN I';AS'I' I".I' 145 EAST 48TH STREET , CONDOMINIUM NEW YORK, NY 10017 145 EAST 48TH STREET NEW YORK, NY 10017 FEES AND TAXES Mortgage FilingFee: Mortgpgc Amount: 8 0.00 S 0.00 Taxable Morigate Amount: .vi<)rlgitcc s 0.(X) NYC Real Property Transfer Tax: Exempdon; S 0.00 .( TAXES: County (Basit): s 0.(X) NYS Real Estate Transfer Tax: I' $ 0.00 City 1Additionalt s 0.00 Spee (Additional): S 0.(X) RECORDED OR FILED IN THE OFFICE TANI : 8 0 J X) ,, . , OF THE CITY REGISTER OF THE MTA: 5 0 JX) CITY OF NEW YORK NYCTA: S 0 JX) ,~ ~t >" Recorded/Filed 03-07-2012 11:07 Additional MRT: 0 JX) g'(/ ' g ': t~~'<,l RegisterFile No.(CRFN): 5 City FOTAl : s 0.00 " .I I': 2012000088991 '","~; -- Recoiding I ce: s 47.(X) I 22 2 «4vlg" II+' ,Xt lidavil Al I ce: s 0 3 X) / City Register Official 5ig~nature 13 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 1 NOTICE UNDER THE CONDOMINIUM ACT FOR UNPAID COMMON CHARGES To the clerk of the County of New York, State of New York, and allothers whom itmay concern: PLEASE TAKE NOTICE that the undersigned Board of Managers of The Cosmopolitan Condominium, 145 East 48th Street, New York, New York 10017, on behalf of the unit owners, as lienor has and claims a lien on the condominium unit described as follows: (1.) The names (if any) and address of the property is The Cosmopolitan Condominium, 145 East 48th Street, New York, New York. (2.) The liber of record of the declaration is:liber 1061; page 1149. (3.) The name of the record owner of the unit is:Sean McGrath. (4.) The unit designation is: 18A. (5.) The amount and purpose for which due is: amount $4,467.78; Purpose: common charges; late fees and assessments. (6.) The date when due is from various due dates, the last of which was February 1, 2012. Dated: New York, ew York February , 2012 THE BOARD OF MANAGERS (LIENOR) of THE COSMOPOLITAN COND INIUM BLOCK: 1303 LOT: 1018 By: VICTO KAVY, Buildi Man er STATE OF NEW YORK, COUNTY OF NEW YORK ss.: VICTOR KAVY, being duly sworn deposes and says: Deponent has read the foregoing notice of lien and knows the contents thereof, and that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes itto be true. The reason why this verification is made by deponent is that deponent is the Building Manager for the Board of Managers of The Cosmopolitan Condominium and deponent is familiar with the facts and circumstances herein. VICTOR KAVY, ildin anager M Swom to before me this tL day of February Jennilee De n Notary Public,Stateof New York NO.01DE6208830 Public Qualifiedin Bronx Notary County Comntission Expires 07/13j20Q 14 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss.: / COUNTY OF NEW YORK ) On this day of February in the year 2012, before me, the undersigned, personally appeared VICTOR KAVY, known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature an ffice of Individual taking acknowledgment Jennilee De I2on Public,Stateof New York Notary NO.01DE6208830 Qualified in Bronx County Commission Expires 07/13/2015 15 of 60 FILED: NEW YORK COUNTY CLERK 05/23/2018 12:32 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part ofthe instrument.liteCity Registerwillrcl)" on1he infonnation provided rely by you on this pageforpurposes ofindexing thisinstrument.The informationon this page willconlrolforindexing pin-posesin the event of anyconflictwith the ress of the document. DING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3 Document ID: Document Date: 12-12-2012 Preparation Date: 12-13-2012 Document Type: LIEN OU COMMON CHARGES Document Page Count: 2 PRESENTER: RETURN TO: STIEFEL «vvCOHEN & STIEFEL & COMEN 770 LEXINGTON AVENUE 770 LEXINGTON AVENUE 6TH FLOOR 6TH FLOOR NEW YORK, NY 10065 NEW YORK, NY 10065 212-755-2800 212-755-2800 PROPERTY DATA Borough Block Lot Unit Address I'1' MANilATTAN 1303 1018 EntireLot 18A 145 EAST 48TH STREET I)NI'I' Property Type: SINGLE RESIDENTIAL CONDO UNIT CROSS REFERENCE DATA CRFN or Document ID or Year Reel Paue or FileNumber PARTIES PARTY ONE/DEBTOR: PARTY TWO/SECURED PA: SEAN MCGRATH BD OF MNGRS OF THE COSMOPOl.1TAN L!AS'I' I".I" I." 145 EAST 48Til STREET CONDOMINIl?M S'I'Rl'.;I;"I' NEW YORK. NY 10017 145 EAST 48TH STREET NEW YORK, NY 10017 FEES AND TAXES Mortgage Filing Fee: Mortgage Amount: 5 0.00 S 0.00 Taxable Mortgage Amount: s 0.00 NYC Real Property Transfer ·l ax: ill' .xclltpl1« 1.xemption 0.00 TAXES: County (Itasic): s 0.00 NYS Real Estate Transfer Tax: City (Additional): 5 0.(X) 0.l)0 SpecIAdditional t S 0 (X)