Preview
FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
Nationstar Mortgage LLC Index #:
Filed:
Plaintiff,
-against- SUMMONS
Kristie Chatterton a/k/a Kristie A. Chatterton and "JOHN DOE
#1" through "JOHN DOE #10", the last ten names being Plaintiff designates Steuben
fictitious and unknown to the plaintiff, the person or parties County as the place of trial.
intended being the persons or parties, if any, having or claiming Venue is based upon the
an interest in or lien upon the mortgaged premises described in County in which the
the Complaint, mortgaged premises is
situated.
Defendants.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons,
exclusive of the day of service; or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York; or within sixty (60) days if it is the
United States of America. In case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the Complaint.
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the attorney for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default 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.
Dated: Bay Shore, New York FRENKEL, LAMBERT, WEISS,
July 2, 2024 WEISMAN & GORDON, LLP
BY: Todd Falasco
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-100297-F00
TO:
Kristie Chatterton a/k/a Kristie A. Chatterton
3991 State Route 21
Wayland, NY 14808
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
Nationstar Mortgage LLC
Plaintiff, COMPLAINT
-against-
Kristie Chatterton a/k/a Kristie A. Chatterton and "JOHN DOE
#1" through "JOHN DOE #10", the last ten names being
fictitious and unknown to the plaintiff, the person or parties
intended being the persons or parties, if any, having or claiming
an interest in or lien upon the mortgaged premises described in
the Complaint,
Defendants.
The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,
complaining of the defendants herein allege, upon information and belief, as follows:
AS A FIRST CAUSE OF ACTION
1. That the plaintiff, Nationstar Mortgage LLC, at all times hereinafter mentioned was and still
is a Limited Liability Company authorized to transact business in the State of New York.
2. On or about December 13, 2002, KRISTIE A. CHATTERTON executed and delivered to
Flagstar Bank, FSB a note dated December 13, 2002 whereby KRISTIE A. CHATTERTON
promised to pay the principal sum of $45,120.00.
3. On or about December 13, 2002, KRISTIE A. CHATTERTON executed and delivered to
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Flagstar Bank, FSB,
its successors and assigns a mortgage (hereinafter "mortgage") in the principal sum of $45,120.00,
with interest, mortgaging the premises known as 3991 State Route 21, Wayland a/k/a Atlanta, NY
14808 (hereinafter "premises") as collateral security for the note. The mortgaged premises is more
fully described in EXHIBIT "A" annexed hereto.
4. The mortgage was duly recorded in the Office of the Clerk of the County of Steuben on
December 18, 2002 in Liber 01957 Page 240 and the recording tax was duly paid.
5. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated February
9, 2015 which created a single lien in the amount of $60,496.02.
6. That plaintiff is in possession of the original note with a proper endorsement and/or allonge
and is therefore, the holder of both the note and mortgage, which passes as incident to the note.
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7. Pursuant to the modified loan, KRISTIE A. CHATTERTON promised to make consecutive
monthly payments of principal and interest each month, in accordance with the terms of the loan
modification agreement, commencing March 01, 2015 and on the first day of each succeeding month
up to and including February 01, 2055 when the entire principal amount and accrued interest shall
be due and payable.
8. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee
can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold
payments or ground rents (if any), hazard insurance and mortgage insurance.
9. The mortgage further provides that in case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage
could declare the entire indebtedness secured by the mortgage immediately due and payable, and the
holder of the mortgage is empowered to sell the mortgaged premises according to law.
10. KRISTIE A. CHATTERTON failed to comply with the terms, covenants and conditions of
said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on December
01, 2023 and said default has continued for a period in excess of fifteen (15) days.
11. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect
to declare the entire principal balance to be due and owing.
12. That there is now due and owing to the plaintiff under said note and mortgage the principal
sum of $51,727.08 with interest thereon from November 01, 2023, plus late charges if applicable
pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and
any other charges due and owing pursuant to the terms of the note and mortgage.
13. Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of payment after the date of commencement of this action of any or all
of the defaults mentioned herein, and such election shall continue and remain effective.
14. In order to protect its security, the plaintiff may be compelled, during the pendency of this
action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges
and sewer rents which are or may become liens on the mortgaged premises, and other charges which
may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum
or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's
claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged
premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds
of the sale of the mortgaged premises.
15. Upon information and belief all the defendants herein have or claim to have some interest
in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has
accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to
plaintiff's
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mortgage, or been duly subordinated thereto. The reason for naming said defendants is set forth in
"Schedule A" that is attached to this complaint.
16. No prior action has been brought to recover part of the mortgage debt.
17. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and
regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable or unless exempt
from doing so.
18. Upon information and belief, plaintiff has complied with the provisions of Real Property
Actions and Proceedings Law §1304 and §1306 unless exempt from doing so.
19. That the plaintiff is now the owner and holder of the said note and mortgage securing the
same or has been delegated the authority to institute a mortgage foreclosure action by the owner and
holder of the subject mortgage and note or is the holder of the note and mortgage and has been
delegated the authority to institute a mortgage foreclosure action by the owner of the note and
mortgage.
20. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has
been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or
delegation of authority by the owner of the subject note and mortgage.
21. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises
consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure
provide for the parcels to be sold as one parcel.
22. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts
that an inspection of the premises would disclose, any state of facts an accurate survey would show,
and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and
any violation thereof, any equity of redemption of the United States of America to redeem the
premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights
of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances
of the city, town or village in which said mortgaged premises lies and any violations thereof.
23. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either
by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be
merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted
to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s)
or proceeding(s), including, without limitation, any surplus money proceedings.
AS AND FOR A SECOND CAUSE OF ACTION
24. The plaintiff repeats and realleges each and every allegation contained in paragraphs
designated 1 through 23.
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25. The mortgage provides that in the event of default, the plaintiff may recover all costs,
including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any
action to protect its interest in the premises, including foreclosure of the mortgage.
WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows:
a) That the defendants and all persons claiming under them or any of them, subsequent
to the commencement of this action and to the filing of the Notice of Pendency of this action, may
be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged
premises;
b) That the mortgaged premises be sold in one parcel according to law subject to any
state of facts an accurate survey would show, any covenants, easements, encroachments, reservations,
and restrictions, violations and agreements of record, zoning regulations and ordinances of the city,
town, or village; wherein the premises is located, any state of facts a physical inspection will disclose,
rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens
and mortgages of record and any and all rights of the United States of America to redeem the subject
premises;
c) That the premises be sold in accordance with Title 28, Section 2410 of the United
State Code preserving all rights of redemption, if any, of the United States of America;
d) That the monies received from the sale be brought into Court and that plaintiff be paid
the amount adjudged to be due it with interest thereon to the time of such payment, together with late
charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer
rents, insurance premiums, sums expended for the protection or preservation of the property, together
with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this
action and any other necessary expenses to protect the lien of the mortgage to the extent that the
amount of such monies applicable thereto will pay the same;
e) That this Court, if requested, appoint a receiver of the rents and profits of said
premises, during the pendency of this action with the usual powers and duties;
f) That the defendant(s) obligated under the note be adjudged to pay any deficiency
which may remain after applying all of such monies as aforesaid in accordance with the law and
provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy
petition or that said defendant(s) obligated under the note have been relieved of responsibility for any
such deficiency.
g) That in the event plaintiff possesses any other lien(s) against said mortgaged premises
either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall
not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be
permitted to enforce said other lien(s) and/or seek determination or priority thereof in any
independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings;
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h) That plaintiff have such other and further relief in the mortgaged premises as may be
just and equitable.
Dated: Bay Shore, New York
July 2, 2024
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
By:
Todd Falasco
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-100297-F00
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Schedule A
Party Name Description
KRISTIE CHATTERTON A/K/A Obligor/Mortgagor/Owner
KRISTIE A. CHATTERTON
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NYSCEF DOC. NO. 1 HELP FORHOMEOWNERS
IN FORECLOSURE
RECEIVED NYSCEF: 07/02/2024
NewYork State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
SUMMONS
ANDCOMPLAINT
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.
OF INFORMATIONANDASSISTANCE
SOURCES
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal aid
there are government agencies and non-profit organizations that you
office,
for information about possible options, including trying to work
may contact
with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by
the NewYork State Department of Financial Services at 1-877-226-5697 or visit
the Department's website at http://www.dfs.ny.gov.
RIGHTS ANDOBLIGATIONS
YOUARE NOTREQUIREDTO LEAVE YOURHOMEAT 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 your home, YOUAREREQUIRED
whether you choose to remain in
TO TAKECAREOFYOURPROPERTYand pay property taxes in accordance with
state and local law.
RESCUESCAMS
FORECLOSURE
"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.
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CERTIFICATION BY ATTORNEY
Todd Falasco, an attorney duly admitted to practice law before the Courts of the State of New
York, an attorney with the firm of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorneys for
the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows:
I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the best
of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances,
the presentation of the within paper or the contentions therein are not frivolous as defined in
subsection (c) of section 130-1.1, including that the substance of the factual statements therein are
not false.
Dated: Bay Shore, New York
July 2, 2024
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
Todd Falasco
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-100297-F00
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Preview
FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN Nationstar Mortgage LLC Index #: Filed: Plaintiff, -against- SUMMONS Kristie Chatterton a/k/a Kristie A. Chatterton and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being Plaintiff designates Steuben fictitious and unknown to the plaintiff, the person or parties County as the place of trial. intended being the persons or parties, if any, having or claiming Venue is based upon the an interest in or lien upon the mortgaged premises described in County in which the the Complaint, mortgaged premises is situated. Defendants. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service; or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty (60) days if it is the United States of America. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: Bay Shore, New York FRENKEL, LAMBERT, WEISS, July 2, 2024 WEISMAN & GORDON, LLP BY: Todd Falasco Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-100297-F00 TO: Kristie Chatterton a/k/a Kristie A. Chatterton 3991 State Route 21 Wayland, NY 14808 2 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN Nationstar Mortgage LLC Plaintiff, COMPLAINT -against- Kristie Chatterton a/k/a Kristie A. Chatterton and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, complaining of the defendants herein allege, upon information and belief, as follows: AS A FIRST CAUSE OF ACTION 1. That the plaintiff, Nationstar Mortgage LLC, at all times hereinafter mentioned was and still is a Limited Liability Company authorized to transact business in the State of New York. 2. On or about December 13, 2002, KRISTIE A. CHATTERTON executed and delivered to Flagstar Bank, FSB a note dated December 13, 2002 whereby KRISTIE A. CHATTERTON promised to pay the principal sum of $45,120.00. 3. On or about December 13, 2002, KRISTIE A. CHATTERTON executed and delivered to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Flagstar Bank, FSB, its successors and assigns a mortgage (hereinafter "mortgage") in the principal sum of $45,120.00, with interest, mortgaging the premises known as 3991 State Route 21, Wayland a/k/a Atlanta, NY 14808 (hereinafter "premises") as collateral security for the note. The mortgaged premises is more fully described in EXHIBIT "A" annexed hereto. 4. The mortgage was duly recorded in the Office of the Clerk of the County of Steuben on December 18, 2002 in Liber 01957 Page 240 and the recording tax was duly paid. 5. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated February 9, 2015 which created a single lien in the amount of $60,496.02. 6. That plaintiff is in possession of the original note with a proper endorsement and/or allonge and is therefore, the holder of both the note and mortgage, which passes as incident to the note. 3 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 7. Pursuant to the modified loan, KRISTIE A. CHATTERTON promised to make consecutive monthly payments of principal and interest each month, in accordance with the terms of the loan modification agreement, commencing March 01, 2015 and on the first day of each succeeding month up to and including February 01, 2055 when the entire principal amount and accrued interest shall be due and payable. 8. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 9. The mortgage further provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage could declare the entire indebtedness secured by the mortgage immediately due and payable, and the holder of the mortgage is empowered to sell the mortgaged premises according to law. 10. KRISTIE A. CHATTERTON failed to comply with the terms, covenants and conditions of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on December 01, 2023 and said default has continued for a period in excess of fifteen (15) days. 11. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 12. That there is now due and owing to the plaintiff under said note and mortgage the principal sum of $51,727.08 with interest thereon from November 01, 2023, plus late charges if applicable pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and any other charges due and owing pursuant to the terms of the note and mortgage. 13. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of payment after the date of commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 14. In order to protect its security, the plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 15. Upon information and belief all the defendants herein have or claim to have some interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to plaintiff's 4 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 mortgage, or been duly subordinated thereto. The reason for naming said defendants is set forth in "Schedule A" that is attached to this complaint. 16. No prior action has been brought to recover part of the mortgage debt. 17. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable or unless exempt from doing so. 18. Upon information and belief, plaintiff has complied with the provisions of Real Property Actions and Proceedings Law §1304 and §1306 unless exempt from doing so. 19. That the plaintiff is now the owner and holder of the said note and mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note or is the holder of the note and mortgage and has been delegated the authority to institute a mortgage foreclosure action by the owner of the note and mortgage. 20. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or delegation of authority by the owner of the subject note and mortgage. 21. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 22. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and any violations thereof. 23. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. AS AND FOR A SECOND CAUSE OF ACTION 24. The plaintiff repeats and realleges each and every allegation contained in paragraphs designated 1 through 23. 5 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 25. The mortgage provides that in the event of default, the plaintiff may recover all costs, including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises, including foreclosure of the mortgage. WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows: a) That the defendants and all persons claiming under them or any of them, subsequent to the commencement of this action and to the filing of the Notice of Pendency of this action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; b) That the mortgaged premises be sold in one parcel according to law subject to any state of facts an accurate survey would show, any covenants, easements, encroachments, reservations, and restrictions, violations and agreements of record, zoning regulations and ordinances of the city, town, or village; wherein the premises is located, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record and any and all rights of the United States of America to redeem the subject premises; c) That the premises be sold in accordance with Title 28, Section 2410 of the United State Code preserving all rights of redemption, if any, of the United States of America; d) That the monies received from the sale be brought into Court and that plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums, sums expended for the protection or preservation of the property, together with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this action and any other necessary expenses to protect the lien of the mortgage to the extent that the amount of such monies applicable thereto will pay the same; e) That this Court, if requested, appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; f) That the defendant(s) obligated under the note be adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in accordance with the law and provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy petition or that said defendant(s) obligated under the note have been relieved of responsibility for any such deficiency. g) That in the event plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; 6 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 h) That plaintiff have such other and further relief in the mortgaged premises as may be just and equitable. Dated: Bay Shore, New York July 2, 2024 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP By: Todd Falasco Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-100297-F00 7 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Schedule A Party Name Description KRISTIE CHATTERTON A/K/A Obligor/Mortgagor/Owner KRISTIE A. CHATTERTON 8 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 HELP FORHOMEOWNERS IN FORECLOSURE RECEIVED NYSCEF: 07/02/2024 NewYork State Law requires that we send you this notice about the foreclosure process. Please read it carefully. SUMMONS ANDCOMPLAINT 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. OF INFORMATIONANDASSISTANCE SOURCES The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid there are government agencies and non-profit organizations that you office, for information about possible options, including trying to work may contact with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the NewYork State Department of Financial Services at 1-877-226-5697 or visit the Department's website at http://www.dfs.ny.gov. RIGHTS ANDOBLIGATIONS YOUARE NOTREQUIREDTO LEAVE YOURHOMEAT 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 your home, YOUAREREQUIRED whether you choose to remain in TO TAKECAREOFYOURPROPERTYand pay property taxes in accordance with state and local law. RESCUESCAMS FORECLOSURE "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. 9 of 10 FILED: STEUBEN COUNTY CLERK 07/02/2024 11:07 AM INDEX NO. E2024-0786CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 CERTIFICATION BY ATTORNEY Todd Falasco, an attorney duly admitted to practice law before the Courts of the State of New York, an attorney with the firm of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorneys for the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows: I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within paper or the contentions therein are not frivolous as defined in subsection (c) of section 130-1.1, including that the substance of the factual statements therein are not false. Dated: Bay Shore, New York July 2, 2024 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP Todd Falasco Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-100297-F00 10 of 10