Preview
At an Ex Parte Term of the
Supreme Court held in and for
the County of NEW YORK,
New York on the
____ day of ,201_.
PRESENT: HON.
SUPREME COURT JUSTICE
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff,
-vs-
ORDER TO AMEND
SEAN P. MCGRATH A/K/A SEAN MCGRATH;
BOARD OF MANAGERS OF THE Index No. 850145/2018
COSMOPOLITAN CONDOMINIUM;
DOE" DOE"
"JOHN AND "JANE said
names being fictitious,it being the intention of
Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
UPON the reading and filing of the Affirmation of Mark K. Broyles, dated the y
of September, 2018, together with attached exhibits, the Notice of Pendency. Summons and
Complaint heretofore filed herein, the proposed Second Amended Notice of Pendency, Second
Supplemental Summons and Second Amended Complaint.
NOW, upon motion of Fein, Such & Crane, LLP, attorneys for the plaintiff, itis hereby
ORDERED, that the plaintiff's order to amend the Amended Notice of Pendency, Amend
the Amended Complaint and issue a Second Supplemental Summons is hereby granted; and itis
further
ORDERED, that the Supplemental Summons, Amended Complaint and Amended Notice
of Pendency heretofore filed be amended in conformance herewith the documents contained in
"B"
Exhibit hereof, to reflect the amended caption, which shall read as follows:
_________________________________________________________
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff,
-vs-
MARY MCGRATH, AS ADMINISTRATRIX TO THE
ESTATE OF SEAN P. MCGRATH A/K/A SEAN
MCGRATH A/K/A SEAN PATRICK MCGRATH
DECEASED; BOARD OF MANAGERS OF THE
COSMOPOLITAN CONDOMINIUM; NEW
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; UNITED STATES OF AMERICA;
Defendants.
_________________________________________________________
ORDERED, that the plaintiff shall file the Amended Notice of Pendency, Supplemental
Summons and Amended Complaint within thirty (30) days from the date hereof; and it is further
ORDERED, that the first service of the amended papers on the defendants shall take
place within thirty (30) days of their filing and that the filing of the Amended Notice of
Pendency shall thereupon be effective in accordance with CPLR 6512; and it is further
ORDERED, that service of all amended pleadings shall be completed within 120 days
from their filing in the NEW YORK County Clerk’s Office.
DATED:_________________, 201__ ENTER:
_____________________________
HON.
SUPREME COURT JUSTICE
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
__________________________________________
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff,
-vs- ATTORNEY
AFFIDAVIT
SEAN P. MCGRATH A/K/A SEAN MCGRATH;
BOARD OF MANAGERS OF THE Index No. 850145/2018
COSMOPOLITAN CONDOMINIUM;
DOE" DOE"
"JOHN AND "JANE said
names being fictitious, it being the intention of
Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
STATE OF NEW YORK
COUNTY OF MONROE ss:
I, Mark K. Broyles, attorney and counselor at law, duly admitted before the Courts of the
State of New York, affirm pursuant to N.Y.C.P.L.R. § 2106 that under penalty of perjury, the
following is true:
1. I am an attorney duly admitted to practice law in the State of New York and am one of
the attorneys of record for the plaintiff herein. As such, I am fully familiar with all
relevant facts and prior pleadings heretofore had herein.
2. The Summons, Complaint and Notice of Pendency in the herein action were filed with
the NEW YORK County Clerk's Office on May 23, 2018. True copies are annexed
hereto as Exhibit "B".
3. That the defendants, SEAN P. MCGRATH A/K/A SEAN MCGRATH, gave their
mortgage to the Dime Savings Bank of New York, FSB, said mortgage being dated
August 1, 1996, and filed with the NEW YORK County Clerk's Office on August 20.
1996, in Reel 2358, Page 1216, said mortgage was further assigned to JPMorgan Chase
Bank, National Association by virtue of an Assignment of Mortgage recorded with the
NEW YORK County Clerk's Office on December 19, 2016, in CRFN 2016000449254.
4. That according to NEW YORK County Surrogate File No. 2018-2420, Sean P. McGrath
a/ka Sean McGrath died on March 22, 2018. True copies are annexed hereto as Exhibit
"C".
5. That Mary McGrath have been named Administratix of the Estate of Sean P. McGrath
a/k/a Sean McGrath.
6. That the proposed Amended Notice of Pendency, Supplemental Summons and Amended
Complaint are attached hereto as Exhibit "A".
7. That no prior application has been made for within requested relief.
WHEREFORE, your deponent prays for an Order granting leave to amend the Notice of
Pendency and Complaint and issue a Supplemental Summons, all of which contain the
modifications set forth herein, and further
directing the filing of the Amended Notice of
Pendency, Supplemental Summons and Amended Complaint with the NEW YORK County
Clerk and directing
service of the Supplemental Summons and Amended Complaint on all
defendants named therein, and that the Amended Notice of Pendency shall be effective provided
that service of the Supplemental Summons and Amended Complaint is effected on one or more
defendants within thirty (30) days of filing, in accordance with CPLR 6512 extending the
statutory 120 day period for service of the Summons and Complaint on all defendants, and
granting
such other relief as to the Court may seem just and proper.
Dated: September ÂÛ, 2018
Mark . Broyl s .
MARK K. BROYLES, an attorney duly licensed to practice in the State of New York, and a
partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers
and/or documents:
NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED
SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT
AFFIDAVITS OF SERVICE
NOTICE OF PENDENCY OF ACTION
SUMMONS
COMPLAINT
AMENDED NOTICE OF PENDENCY OF ACTION
SUPPLEMENTAL SUMMONS
AMENDED COMPLAINT
ANSWER
AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
REFEREE'S OATH & REPORT OF AMOUNT DUE
REFEREE'S REPORT OF SALE
STIPULATION TO CANCEL LIS PENDENS
AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
MEMORANDUM & TERMS OF SALE
ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE
_ AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT
FORBEARANCEAGREEMENT
X ATTORNEY AFFIRMATION IN SUPPORT OF ORDER TO AMEND
ATTORNEY AFFIDAVIT
that to his knowledge, information and belief, formed after an inquiry reasonable under the
circumstances, the presentation of the paper or contentions therein are not frivolous as defined in
subsection © of section 130-1.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1 ©].
September , 2018 -
Dated Markd. Bro les s .
Fyhibit A
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
_________________________________________________________
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AMENDED
NOTICE OF
PENDENCY
Plaintiff, OF ACTION
vs
MARY MCGRATH, AS ADMINISTRATRIX TO THE
ESTATE OF SEAN P. MCGRATH A/K/A SEAN
MCGRATH A/K/A SEAN PATRICK MCGRATH Index No. 850145/2018
DECEASED; BOARD OF MANAGERS OF THE
COSMOPOLITAN CONDOMINIUM; NEW
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; UNITED STATES OF AMERICA;
Defendants.
_________________________________________________________
NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending
in the SUPREME Court of NEW YORK County upon the Complaint of the above plaintiff
against the above named defendant(s) for the foreclosure of a mortgage bearing the date August
1, 1996, executed by SEAN P. MCGRATH A/K/A SEAN MCGRATH, to secure the sum of
$158,400.00 and recorded in Reel 2358, Page 1216, in the Office of the City Registrar on August
20, 1996. Said Mortgage was then assigned by The Federal Deposit Insurance Corporation, as
Receiver of 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.
"A"
SCHEDULE LEGAL DESCRIPTION
The ResidentialUnit (the "Unit")known as UnitNo. 18A in thepremises Imown as Cosmopolitan Condominium and by
the street
number 145 East 48th Borough
Street, of Manhattan, City,County and State ofNew York, said Unitbeing
designated and described as UnitNo. 18A in the declaration("Declaration")establishinga planfor condominium
ownership of saidpremises underArticle9-B of theReal Property Law of theState ofNew York (the"New York
condominium Act"), dated March 20,1946 and recorded in theCounty officeof theRegister of theCity ofNew York (the
"City Register's
Office") on May 9,1986 in Reel 11061 page 1149 and also designatedas Tax Lot 1018 Block 1303 of
Section 5 oftheBorough of Manhattan on Tax Map of theReal Property Assessment Department of theCityofNew York
and an the floorplans of said
building,certifiedby theGruzenPartnership, on March 9, 1986and filedin theCity
Register'sOfficeon April 7, 1986 as Condominium Plan No. 305Map No. 4458.The premises within which the Unitis
located are moreparticularlydescribedin Schedule A attachedhereto and made a part
hereof. AllCapitalized termsherein
which are not separatelydefinedherein shallhave the meanings givento thoseterms in theDeclaration or in the
By-Laws
of Cosmopolitan Condominium, (saidBy-Laws, as thesame may be amended from time to time,are hereinafterreferred
to as the"By-Laws"),
TOGETHER with an undivided .4019interestinthe Common Elements:
ALL that piece
certait110t, or parcel
of land,situate,lyingand being in theBorough of Manhattan, City County andState
of New York, bounded anddescribed as follows:
BEGINNING at a pointin thenortherlyside ofEast 48th Street,distant170 feetWest of thecornerformed by the
intersectionof thenortherlyside of East48thStreet and the westerlysideof3rd Avenue;
RUNNING THENCE westwardly along thenortherlyside of East48thStreet,140 feetto a point;
RUNNING THENCEnorthwardly along a lineformed by an interiorangle of90 degrees 03 minutes 00 seconds withthe
preceding course,69 feet1/4 ofan inch toa point;
RUNNING THENCE eastwardly along a line
forming an interior
angle of94 degrees 31 minutes 30 seconds with the
preceding course,35 feet2 1/8 inchesto a point;
RUNNING THENCE northwardly along a line
parallel
with3rd Avenue and forming an exteriorangle of94 degrees 34
minutes 30 seconds with the preceding course28 feet7 inchesto thecenterlineof theblock between East 48thStreetand
East 49thStreet;
RUNNING THENCE eastwardly along saidcenter lineof theblock between East 48thStreet and East 49thStreet,105
feetto a point;
RUNNING THENCE southwardly along a line
parallelwith3rd Avenue, 100 feet5 inches to the pointor placeof
BEGINNING
Premises: 145 East 48th Street,Unit 18A, New York, NY 10017
Tax Parcel ID Nex Block: 1303 Lot: 1018
Mark K. Broyles, ESQ.., an attorney duly licensed to practice in the State of New York, and a partner in
the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents:
NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN
FILED
SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
AFFIDAVITS IN SUPPORT OF THE MORTION FOR SUMMARY JUDGMENT
AFFIDAVITS OF SERVICE
NOTICE OF PENDENCY OF ACTION
SUMMONS
COMPLAINT
AMENDED NOTICE OF PENDENCY OF ACTION
SUPPLEMENTAL SUMMONS
AMENDED COMPLAINT
ANSWER
__ AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
REFEREE'S OATH & REPORT OF AMOUNT DUE
REFEREE'S REPORT OF SALE
____ STIPULATION TO CANCEL LIS PENDENS
AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
MEMORANDUM & TERMS OF SALE
ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE &
SALE
ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE &
SALE
ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF
FORECLOSURE
AFFlRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
AFFlDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY
JUDGMENT
FOREBEARANCE AGREEMENT
ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY
PUBLICATION
____ ATTORNEY AFFIRMATION OF REGULARITY
that to his knowledge, information and belief,formed after an inquiry reasonable under the circumstances,
the presentation of the paper or contentions therein are not frivolous as defined in subsection © of section
130-1.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1 ©].
September , 2018 ( 4
Dated M rk K. Broyle , E. .
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
__________________________________________________
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff, SUPPLEMENTAL
-vs- SUMMONS
MARY MCGRATH, AS ADMINISTRATRIX TO THE
ESTATE OF SEAN P. MCGRATH A/K/A SEAN
MCGRATH A/K/A SEAN PATRICK MCGRATH
DECEASED; BOARD OF MANAGERS OF THE Index No. 850145/2015
COSMOPOLITAN CONDOMINIUM; NEW
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; UNITED STATES OF AMERICA;
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 plaintiff's 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.
proceeding against you and filing
the answer with court, a default judgment may be
entered and you can lose your home.
Speak to an attorney or go to the court where your case is
pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING
THE ANSWER WITH THE COURT.
These pleadings are being amended to include Mary McGrath, as Administratrix to the
estate of Sean P. McGrath a/k/a Sean McGrath, deceased. These pleadings are also being
amended to include United States of America and New York State Department of Taxation and
Finance.
NEW YORK County is designated as the pla e of trial. The basis of venue is the location
of the mortgaged premises.
'--
DATED: September , 2018 .g.. /
Mar K. Broyles, E .
FE , SUCH & RANE, 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
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 MARY MCGRATH, AS ADMINISTRATIX TO
THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN
PATRICK MCGRATH, DECEASED, the plaintiff makes no personal claim against you in this
action.
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.
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 122016
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
_______________________________________________
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff, AMENDED
-vs- COMPLAINT
MARY MCGRATH, AS ADMINISTRATRIX TO THE
ESTATE OF SEAN P. MCGRATH A/K/A SEAN
MCGRATH A/K/A SEAN PATRICK MCGRATH
DECEASED; BOARD OF MANAGERS OF THE Index No. 850145/2018
COSMOPOLITAN CONDOMINIUM; NEW
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; UNITED STATES OF AMERICA;
Defendants.
________________________________________________
The plaintiff herein, by FEIN, 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 all times hereinafter mentioned, the
defendant(s) reside or conduct business at the address set forth in "Schedule A" 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.
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York, and allother 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, itssuccessor
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 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
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 all applicable 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 all times 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 last known 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.
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 itselection 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.
EIGHTEENTH: Sean P. McGrath is also known as Sean McGrath.
NINETEENTH: These pleadings are being amended to include Mary McGrath, as
Administratrix to the estate of Sean P. McGrath a/k/a Sean McGrath, deceased. These pleadings
are also being amended to include United States of America and New York State Department of
Taxation and Finance.
WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it
for principal, interest, costs and reasonable attorneys', fees ifprovided 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 all right, claim, lien,
interest or equity of redemption in and to the Mortgaged Premises; that
Preview
At an Ex Parte Term of the Supreme Court held in and for the County of NEW YORK, New York on the ____ day of ,201_. PRESENT: HON. SUPREME COURT JUSTICE STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, -vs- ORDER TO AMEND SEAN P. MCGRATH A/K/A SEAN MCGRATH; BOARD OF MANAGERS OF THE Index No. 850145/2018 COSMOPOLITAN CONDOMINIUM; DOE" DOE" "JOHN AND "JANE said names being fictitious,it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. UPON the reading and filing of the Affirmation of Mark K. Broyles, dated the y of September, 2018, together with attached exhibits, the Notice of Pendency. Summons and Complaint heretofore filed herein, the proposed Second Amended Notice of Pendency, Second Supplemental Summons and Second Amended Complaint. NOW, upon motion of Fein, Such & Crane, LLP, attorneys for the plaintiff, itis hereby ORDERED, that the plaintiff's order to amend the Amended Notice of Pendency, Amend the Amended Complaint and issue a Second Supplemental Summons is hereby granted; and itis further ORDERED, that the Supplemental Summons, Amended Complaint and Amended Notice of Pendency heretofore filed be amended in conformance herewith the documents contained in "B" Exhibit hereof, to reflect the amended caption, which shall read as follows: _________________________________________________________ JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, -vs- MARY MCGRATH, AS ADMINISTRATRIX TO THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN PATRICK MCGRATH DECEASED; BOARD OF MANAGERS OF THE COSMOPOLITAN CONDOMINIUM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; Defendants. _________________________________________________________ ORDERED, that the plaintiff shall file the Amended Notice of Pendency, Supplemental Summons and Amended Complaint within thirty (30) days from the date hereof; and it is further ORDERED, that the first service of the amended papers on the defendants shall take place within thirty (30) days of their filing and that the filing of the Amended Notice of Pendency shall thereupon be effective in accordance with CPLR 6512; and it is further ORDERED, that service of all amended pleadings shall be completed within 120 days from their filing in the NEW YORK County Clerk’s Office. DATED:_________________, 201__ ENTER: _____________________________ HON. SUPREME COURT JUSTICE STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK __________________________________________ STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, -vs- ATTORNEY AFFIDAVIT SEAN P. MCGRATH A/K/A SEAN MCGRATH; BOARD OF MANAGERS OF THE Index No. 850145/2018 COSMOPOLITAN CONDOMINIUM; DOE" DOE" "JOHN AND "JANE said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. STATE OF NEW YORK COUNTY OF MONROE ss: I, Mark K. Broyles, attorney and counselor at law, duly admitted before the Courts of the State of New York, affirm pursuant to N.Y.C.P.L.R. § 2106 that under penalty of perjury, the following is true: 1. I am an attorney duly admitted to practice law in the State of New York and am one of the attorneys of record for the plaintiff herein. As such, I am fully familiar with all relevant facts and prior pleadings heretofore had herein. 2. The Summons, Complaint and Notice of Pendency in the herein action were filed with the NEW YORK County Clerk's Office on May 23, 2018. True copies are annexed hereto as Exhibit "B". 3. That the defendants, SEAN P. MCGRATH A/K/A SEAN MCGRATH, gave their mortgage to the Dime Savings Bank of New York, FSB, said mortgage being dated August 1, 1996, and filed with the NEW YORK County Clerk's Office on August 20. 1996, in Reel 2358, Page 1216, said mortgage was further assigned to JPMorgan Chase Bank, National Association by virtue of an Assignment of Mortgage recorded with the NEW YORK County Clerk's Office on December 19, 2016, in CRFN 2016000449254. 4. That according to NEW YORK County Surrogate File No. 2018-2420, Sean P. McGrath a/ka Sean McGrath died on March 22, 2018. True copies are annexed hereto as Exhibit "C". 5. That Mary McGrath have been named Administratix of the Estate of Sean P. McGrath a/k/a Sean McGrath. 6. That the proposed Amended Notice of Pendency, Supplemental Summons and Amended Complaint are attached hereto as Exhibit "A". 7. That no prior application has been made for within requested relief. WHEREFORE, your deponent prays for an Order granting leave to amend the Notice of Pendency and Complaint and issue a Supplemental Summons, all of which contain the modifications set forth herein, and further directing the filing of the Amended Notice of Pendency, Supplemental Summons and Amended Complaint with the NEW YORK County Clerk and directing service of the Supplemental Summons and Amended Complaint on all defendants named therein, and that the Amended Notice of Pendency shall be effective provided that service of the Supplemental Summons and Amended Complaint is effected on one or more defendants within thirty (30) days of filing, in accordance with CPLR 6512 extending the statutory 120 day period for service of the Summons and Complaint on all defendants, and granting such other relief as to the Court may seem just and proper. Dated: September ÂÛ, 2018 Mark . Broyl s . MARK K. BROYLES, an attorney duly licensed to practice in the State of New York, and a partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents: NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY) AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT AFFIDAVITS OF SERVICE NOTICE OF PENDENCY OF ACTION SUMMONS COMPLAINT AMENDED NOTICE OF PENDENCY OF ACTION SUPPLEMENTAL SUMMONS AMENDED COMPLAINT ANSWER AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT REFEREE'S OATH & REPORT OF AMOUNT DUE REFEREE'S REPORT OF SALE STIPULATION TO CANCEL LIS PENDENS AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS MEMORANDUM & TERMS OF SALE ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE _ AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT FORBEARANCEAGREEMENT X ATTORNEY AFFIRMATION IN SUPPORT OF ORDER TO AMEND ATTORNEY AFFIDAVIT that to his knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or contentions therein are not frivolous as defined in subsection © of section 130-1.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1 ©]. September , 2018 - Dated Markd. Bro les s . Fyhibit A STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK _________________________________________________________ JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AMENDED NOTICE OF PENDENCY Plaintiff, OF ACTION vs MARY MCGRATH, AS ADMINISTRATRIX TO THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN PATRICK MCGRATH Index No. 850145/2018 DECEASED; BOARD OF MANAGERS OF THE COSMOPOLITAN CONDOMINIUM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; Defendants. _________________________________________________________ NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending in the SUPREME Court of NEW YORK County upon the Complaint of the above plaintiff against the above named defendant(s) for the foreclosure of a mortgage bearing the date August 1, 1996, executed by SEAN P. MCGRATH A/K/A SEAN MCGRATH, to secure the sum of $158,400.00 and recorded in Reel 2358, Page 1216, in the Office of the City Registrar on August 20, 1996. Said Mortgage was then assigned by The Federal Deposit Insurance Corporation, as Receiver of 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. "A" SCHEDULE LEGAL DESCRIPTION The ResidentialUnit (the "Unit")known as UnitNo. 18A in thepremises Imown as Cosmopolitan Condominium and by the street number 145 East 48th Borough Street, of Manhattan, City,County and State ofNew York, said Unitbeing designated and described as UnitNo. 18A in the declaration("Declaration")establishinga planfor condominium ownership of saidpremises underArticle9-B of theReal Property Law of theState ofNew York (the"New York condominium Act"), dated March 20,1946 and recorded in theCounty officeof theRegister of theCity ofNew York (the "City Register's Office") on May 9,1986 in Reel 11061 page 1149 and also designatedas Tax Lot 1018 Block 1303 of Section 5 oftheBorough of Manhattan on Tax Map of theReal Property Assessment Department of theCityofNew York and an the floorplans of said building,certifiedby theGruzenPartnership, on March 9, 1986and filedin theCity Register'sOfficeon April 7, 1986 as Condominium Plan No. 305Map No. 4458.The premises within which the Unitis located are moreparticularlydescribedin Schedule A attachedhereto and made a part hereof. AllCapitalized termsherein which are not separatelydefinedherein shallhave the meanings givento thoseterms in theDeclaration or in the By-Laws of Cosmopolitan Condominium, (saidBy-Laws, as thesame may be amended from time to time,are hereinafterreferred to as the"By-Laws"), TOGETHER with an undivided .4019interestinthe Common Elements: ALL that piece certait110t, or parcel of land,situate,lyingand being in theBorough of Manhattan, City County andState of New York, bounded anddescribed as follows: BEGINNING at a pointin thenortherlyside ofEast 48th Street,distant170 feetWest of thecornerformed by the intersectionof thenortherlyside of East48thStreet and the westerlysideof3rd Avenue; RUNNING THENCE westwardly along thenortherlyside of East48thStreet,140 feetto a point; RUNNING THENCEnorthwardly along a lineformed by an interiorangle of90 degrees 03 minutes 00 seconds withthe preceding course,69 feet1/4 ofan inch toa point; RUNNING THENCE eastwardly along a line forming an interior angle of94 degrees 31 minutes 30 seconds with the preceding course,35 feet2 1/8 inchesto a point; RUNNING THENCE northwardly along a line parallel with3rd Avenue and forming an exteriorangle of94 degrees 34 minutes 30 seconds with the preceding course28 feet7 inchesto thecenterlineof theblock between East 48thStreetand East 49thStreet; RUNNING THENCE eastwardly along saidcenter lineof theblock between East 48thStreet and East 49thStreet,105 feetto a point; RUNNING THENCE southwardly along a line parallelwith3rd Avenue, 100 feet5 inches to the pointor placeof BEGINNING Premises: 145 East 48th Street,Unit 18A, New York, NY 10017 Tax Parcel ID Nex Block: 1303 Lot: 1018 Mark K. Broyles, ESQ.., an attorney duly licensed to practice in the State of New York, and a partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents: NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY) AFFIDAVITS IN SUPPORT OF THE MORTION FOR SUMMARY JUDGMENT AFFIDAVITS OF SERVICE NOTICE OF PENDENCY OF ACTION SUMMONS COMPLAINT AMENDED NOTICE OF PENDENCY OF ACTION SUPPLEMENTAL SUMMONS AMENDED COMPLAINT ANSWER __ AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT REFEREE'S OATH & REPORT OF AMOUNT DUE REFEREE'S REPORT OF SALE ____ STIPULATION TO CANCEL LIS PENDENS AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS MEMORANDUM & TERMS OF SALE ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE AFFlRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS AFFlDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT FOREBEARANCE AGREEMENT ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY PUBLICATION ____ ATTORNEY AFFIRMATION OF REGULARITY that to his knowledge, information and belief,formed after an inquiry reasonable under the circumstances, the presentation of the paper or contentions therein are not frivolous as defined in subsection © of section 130-1.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1 ©]. September , 2018 ( 4 Dated M rk K. Broyle , E. . STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK __________________________________________________ JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, SUPPLEMENTAL -vs- SUMMONS MARY MCGRATH, AS ADMINISTRATRIX TO THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN PATRICK MCGRATH DECEASED; BOARD OF MANAGERS OF THE Index No. 850145/2015 COSMOPOLITAN CONDOMINIUM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; 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 plaintiff's 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. proceeding against you and filing the answer with court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. These pleadings are being amended to include Mary McGrath, as Administratrix to the estate of Sean P. McGrath a/k/a Sean McGrath, deceased. These pleadings are also being amended to include United States of America and New York State Department of Taxation and Finance. NEW YORK County is designated as the pla e of trial. The basis of venue is the location of the mortgaged premises. '-- DATED: September , 2018 .g.. / Mar K. Broyles, E . FE , SUCH & RANE, 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 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 MARY MCGRATH, AS ADMINISTRATIX TO THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN PATRICK MCGRATH, DECEASED, the plaintiff makes no personal claim against you in this action. 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. 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 122016 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK _______________________________________________ JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, AMENDED -vs- COMPLAINT MARY MCGRATH, AS ADMINISTRATRIX TO THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN PATRICK MCGRATH DECEASED; BOARD OF MANAGERS OF THE Index No. 850145/2018 COSMOPOLITAN CONDOMINIUM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; Defendants. ________________________________________________ The plaintiff herein, by FEIN, 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 all times hereinafter mentioned, the defendant(s) reside or conduct business at the address set forth in "Schedule A" 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. State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York, and allother 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, itssuccessor 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 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 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 all applicable 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 all times 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 last known 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. 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 itselection 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. EIGHTEENTH: Sean P. McGrath is also known as Sean McGrath. NINETEENTH: These pleadings are being amended to include Mary McGrath, as Administratrix to the estate of Sean P. McGrath a/k/a Sean McGrath, deceased. These pleadings are also being amended to include United States of America and New York State Department of Taxation and Finance. WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it for principal, interest, costs and reasonable attorneys', fees ifprovided 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 all right, claim, lien, interest or equity of redemption in and to the Mortgaged Premises; that