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OUN PK AM INDEX NO. 616014/2024
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF SUFFOLK
U.S. BANK NATIONAL ASSOCIATION
Plaintiff designates SUFFOLK as the place of
Plaintiff, trial situs of the real property
vs.
SUMMONS
KATHERINE A. DOUCETTE A/K/A
KATHERINE DOUCETTE A/K/A KATHY
DOUCETTE; BRIAN D. DOUCETTE A/K/A
BRIAN DOUCETTE, INDIVIDUALLY AND AS
TRUSTEE OF THE KATHERINE A. DOUCETTE
2020 IRREVOCABLE TRUST; BENEFICIARIES
OF THE KATHERINE A. DOUCETTE 2020
IRREVOCABLE TRUST; SUNNOVA
MANAGEMENT LLC.
"JOHN DOE #1" through "JOHN DOE #12," the Subject Property:
last twelve names being fictitious and unknown to 657 ALWICK AVENUE
plaintiff, the persons or parties intended being the WEST ISLIP, NY 11795
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint.
Defendants.
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the
Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete if this summons is not personally delivered to you within the
State of New York) in the event the United States of America is made a party defendant, the time to answer
for the said United States of America shall not expire until (60) days after service of the Summons; and 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 the mortgage company will not stop the 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.
Please take further notice that any right you may have pursuant to the Fair Debt Collection Practices Act
to dispute the validity or amount of the debt does not change the time within which you must answer this
summons and complaint. You must follow the instructions contained in the summons even if you dispute
the validity or amount of the debt.
Dated: June 24, 2024
Robertson, Anschutz, Schneid,
Crane & Partners, PLLC
Attorney for Plaintiff
t 9A / BORISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ]SCOTT R. WEISS, ESQ.
[X] KELLY R. FABER, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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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 by
the New York State Department of Financial Services at (enter number) or
visit the Department's website at (enter web address).
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.
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Foreclosure rescue scams
Be careful of people who approach you with offers to “save” your home.
There are individuals who watch for notices of foreclosure actions in order to
unfairly profit from a homeowner's distress. You should be extremely careful
about any such promises and any suggestions that you pay them a fee or sign
over your deed. State law requires anyone offering such services for profit to
enter into a contract which fully describes the services they will perform and
fees they will charge, and which prohibits them from taking any money from
you until they have completed all such promised services.
Page 2 of 2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
INDEX NO.
U.S. BANK NATIONAL ASSOCIATION
COMPLAINT
Plaintiff,
vs. Subject Property:
657 ALWICK AVENUE
WEST ISLIP, NY 11795
KATHERINE A. DOUCETTE A/K/A KATHERINE
DOUCETTE A/K/A KATHY DOUCETTE; BRIAN D.
DOUCETTE A/K/A BRIAN DOUCETTE, INDIVIDUALLY
AND AS TRUSTEE OF THE KATHERINE A. DOUCETTE
2020 IRREVOCABLE TRUST; BENEFICIARIES OF THE
KATHERINE A. DOUCETTE 2020 IRREVOCABLE
TRUST; SUNNOVA MANAGEMENT LLC.
"JOHN DOE #1" through "JOHN DOE #12," the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint.
Defendants.
The complaint of the above-named plaintiff, by Robertson, Anschutz, Schneid, Crane & Partners,
PLLC, its attorneys, alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1 Plaintiff is organized under the laws of the United States of America or its state of formation.
2. On July 14, 2021, KATHERINE A. DOUCETTE A/K/A KATHERINE DOUCETTE A/K/A
KATHY DOUCETTE duly executed and delivered a note whereby KATHERINE A. DOUCETTE
A/K/A KATHERINE DOUCETTE A/K/A KATHY DOUCETTE promised to pay the sum of
$386,350.00 plus interest as set forth in said note. A copy of said note is annexed hereto.
Plaintiff, directly or through an agent has complied with all applicable laws in an attempt to
establish ownership and/or possession of the subject note and the right to foreclosure of same.
Plaintiff has possession and control of the original note and mortgage, which note is secured by the
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mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed.
To the extent that the original note or interim assignments of mortgage are lost or unavailable,
Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law.
That to secure the payment of the sum represented by said note, KATHERINE A. DOUCETTE
A/K/A KATHY DOUCETTE AND BRIAN D. DOUCETTE A/K/A BRIAN DOUCETTE, duly
executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon
was duly paid:
Recording Date: September 22, 2021
County: SUFFOLK
Liber M00023327 Page 617
Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to
the filing of the complaint. A copy of said mortgage is annexed hereto.
Said mortgage secured the real property known as 657 ALWICK AVENUE, WEST ISLIP, NEW
YORK 11795 and by District 0500, Section 456.00, Block 01.00, Lot 108.000 together with all
fixtures and articles of personal property annexed to, installed in, or used in connection with the
mortgaged premises, all as is more fully set forth in said mortgage. A copy of the legal description
is set forth on Schedule A annexed.
Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to
institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
Plaintiff has complied with all conditions precedent contained in the mortgage, if any.
To the extent applicable, Plaintiff has complied with RPAPL 1304 and RPAPL 1306.
To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law section
595-a and any rules and regulations promulgated thereunder, Banking Law sections 6-1 and 6-m.
10. That Defendants failed to comply with the conditions of the note and mortgage by failing to make
the payment that became due on May 1, 2023 and each subsequent payment thereafter.
11 That by reason of such defaults, Plaintiff hereby declares the balance of the principal indebtedness
immediately due and payable.
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12. That there is now due and owing to the plaintiff, the principal sum of $372,207.48 with interest
thereon from April 1, 2023 plus accumulated late charges together with any sums advanced by the
plaintiff on behalf
of defendant.
13 That plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of this action, of
any or all of the defaults mentioned herein; and such election shall continue and remain effective
until the costs and disbursements of this action, and any and all future defaults under the aforesaid
bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid.
14. That to protect its security afforded by said note and mortgage, it may be necessary for the plaintiff
to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on
the mortgaged premises, and any other charges for the protection of the premises, and plaintiff
hereby demands that any amounts which may be so expended shall be added to the amount of the
principal sum secured by said note and mortgage, together with interest from the time of any such
payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein.
15. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage
indebtedness or if any such action is pending, a final judgment was not rendered in favor of Plaintiff
and such action is intended to be discontinued.
16. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or
lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and
subordinate to the lien of the mortgage being foreclosed.
17. The description of each of the named party defendants interest is set out on Schedule "B” annexed.
18. The interest or lien of each of the named party defendants, if any, is set forth in Schedule “C”
annexed.
19. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable
attorneys’ fees incurred by plaintiff to protect or enforce plaintiff's security interest in the premises.
20. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate
survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of
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record, and to any and all violations thereof; any and all building and zoning regulations,
restrictions and ordinances of the municipality in which said premises are situated, and to any
violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges,
if any; any and all orders or requirements issued by any governmental body having jurisdiction
against or affecting said premises and any violation of the same; the physical condition of any
building or structure on the premises as of the date of closing hereunder; rights of tenants in
possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption
of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR
Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises
including, but not limited to, flammable explosives, radioactive materials, hazardous wastes,
asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth
in the terms of sale more particularly to be announced at the sale.
AS AND FOR A SECOND CAUSE OF ACTION
21 Plaintiff repeats and re-alleges each and every allegation contained in paragraph 1 through 20 as
though fully set forth herein.
22. This action is brought pursuant to Article 15 of the New York State Real Property Actions and
Proceedings Law to bar defendants; SUNNOVA MANAGEMENT LLC, from any right, title, or
interest in and to the premises located at 657 ALWICK AVENUE, WEST ISLIP, NY 11795 and by
District: 0500; Section: 456.00; Block: 01.00; Lot: 108.000.
23 Plaintiff is the holder of the subject note and mortgage referenced in paragraphs 2 and 4 above.
24. Upon review of a foreclosure search it was determined that the following defendants have an
interest or claim in the real property which cannot be extinguished in the foreclosure action:
SUNNOVA MANAGEMENT LLC.
25. SUNNOVA MANAGEMENT LLC is named a party defendant by virtue of the fact that it holds a
prior judgment which is adverse to Plaintiff's interest and which remains open of record as follows:
Recorded Date: July 12, 2019
UCC No. U20190003651
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County of SUFFOLK
In the Amount of $40.00 plus costs and interest, if any
Judgment is annexed hereto.
26. Upon information and belief, all of the defendants are known, and none of them are infants,
mentally retarded, mentally ill or alcohol abusers.
27 Upon information and belief, there are no persons not being or ascertained at the commencement of
this action who by any contingency contained in a devise or otherwise, could afterward become
entitled to a beneficial estate or interest in the property involved in this action, and any judgment
rendered herein will not and may not affect any such person not in being or not ascertained at the
time of the commencement of the action.
28 The liens of Defendants SUNNOVA MANAGEMENT LLC appear to be prior and adverse to the
mortgage being foreclosed and are subject to be declared invalid and extinguished pursuant to
Article 15 of the Real Property Actions and Proceedings Law.
29. Plaintiff hereby requests a judgment stating the following:
ORDERED, ADJUDGED and DECREED that the prior lien(s) which appear to be adverse to
the mortgage being foreclosed, namely the prior lien(s) of Defendant(s) SUNNOVA MANAGEMENT
LLC are hereby declared invalid and extinguished pursuant to RPAPL Article 15; and it is further
ORDERED, ADJUDGED and DECREED that Defendant(s) SUNNOVA MANAGEMENT
LLC and all persons or entities claiming by, through or under them, be and are hereby forever barred
and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said
mortgaged premises; and it is further
ORDERED, ADJUDGED AND DECREED, that the record be reformed to reflect that the prior
lien(s) of Defendant SUNNOVA MANAGEMENT LLC, are invalid and extinguished.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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WHEREFORE, plaintiff demands judgment against the defendants as follows:
On its First Cause of Action:
A The defendants and each of them, and all persons claiming under them, or any of them
subsequent to the commencement of this action and the filing of the Notice of Pendency thereof,
may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey will
show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and
to any and all violations thereof; any and all building and zoning regulations, restrictions and
ordinances of the municipality in which said premises are situated, and to any violations of the
same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any
and all orders or requirements issued by any governmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of any building or
structure on the premises as of the date of closing hereunder; rights of tenants in possession, if
any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United
States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section
2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including,
but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set forth in the terms
of sale more particularly to be announced at the sale.
Cc Said premises may be decreed to be sold in one parcel according to law subject to the
various items set forth in allegations of the complaint herein;
D The monies arising from the sale may be brought into court;
E Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums expended by plaintiff
prior to and during the pendency of this action, and for thirty days after any sale demanded herein
for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and
essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums
expended for the protection or preservation of the property covered by said mortgage and note,
and the amount secured thereby, with interest thereon from the time of such payment and the
costs and expenses of this action including reasonable attorneys’ fees so far as the amount of
such monies properly applicable thereto will pay the same;
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FE The plaintiff be decreed to be the owner of any and all personal property used in
connection with the said mortgaged premises, except if discharged in bankruptcy;
G The obligors may be adjudged to pay any deficiency which may remain after applying all
of said monies so applicable thereto unless the obligors were discharged in bankruptcy;
H awarding the relief requested in the additional causes of action stated in the complaint, if
any;
On its Second Cause of Action:
that the lien(s) of defendant(s) SUNNOVA MANAGEMENT LLC, that are prior and adverse to
the mortgage being foreclosed are declared invalid and extinguished pursuant to Article 15 of the
Real Property Actions and Proceedings Law; and that plaintiff shall have such other and further
relief or both, in the premises as shall be just and equitable.
Dated: June 24, 2024
Robertson, Anschutz, Schneid,
Crane & Partners, PLLC
Attorney for Plaintiff
[ ] SARAZ/BORISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ] SCOTT R. WEISS, ESQ.
[X] KELLY R. FABER, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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OUN PK AM INDEX NO. 616014/2024 D: NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF SUFFOLK U.S. BANK NATIONAL ASSOCIATION Plaintiff designates SUFFOLK as the place of Plaintiff, trial situs of the real property vs. SUMMONS KATHERINE A. DOUCETTE A/K/A KATHERINE DOUCETTE A/K/A KATHY DOUCETTE; BRIAN D. DOUCETTE A/K/A BRIAN DOUCETTE, INDIVIDUALLY AND AS TRUSTEE OF THE KATHERINE A. DOUCETTE 2020 IRREVOCABLE TRUST; BENEFICIARIES OF THE KATHERINE A. DOUCETTE 2020 IRREVOCABLE TRUST; SUNNOVA MANAGEMENT LLC. "JOHN DOE #1" through "JOHN DOE #12," the Subject Property: last twelve names being fictitious and unknown to 657 ALWICK AVENUE plaintiff, the persons or parties intended being the WEST ISLIP, NY 11795 tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint. Defendants. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. HI A HUMANA ll 24-217038 - NiA Drafter:Nicole Allen 1 of 11 D: U O OUN PK AM INDEX NO. 616014/2024 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 the mortgage company will not stop the 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. Please take further notice that any right you may have pursuant to the Fair Debt Collection Practices Act to dispute the validity or amount of the debt does not change the time within which you must answer this summons and complaint. You must follow the instructions contained in the summons even if you dispute the validity or amount of the debt. Dated: June 24, 2024 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorney for Plaintiff t 9A / BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ]SCOTT R. WEISS, ESQ. [X] KELLY R. FABER, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 24-217038 - NiA Drafter:Nicole Allen 2 of 11 D U O OUN Pi AW INDEX NO. 616014/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 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 by the New York State Department of Financial Services at (enter number) or visit the Department's website at (enter web address). 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. Page 1 of 2 3 of 11 D: U O OUN Pi AW INDEX NO. 616014/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Foreclosure rescue scams Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. Page 2 of 2 4 of 11 OUN PK AM INDEX NO. 616014/2024 D: NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX NO. U.S. BANK NATIONAL ASSOCIATION COMPLAINT Plaintiff, vs. Subject Property: 657 ALWICK AVENUE WEST ISLIP, NY 11795 KATHERINE A. DOUCETTE A/K/A KATHERINE DOUCETTE A/K/A KATHY DOUCETTE; BRIAN D. DOUCETTE A/K/A BRIAN DOUCETTE, INDIVIDUALLY AND AS TRUSTEE OF THE KATHERINE A. DOUCETTE 2020 IRREVOCABLE TRUST; BENEFICIARIES OF THE KATHERINE A. DOUCETTE 2020 IRREVOCABLE TRUST; SUNNOVA MANAGEMENT LLC. "JOHN DOE #1" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint. Defendants. The complaint of the above-named plaintiff, by Robertson, Anschutz, Schneid, Crane & Partners, PLLC, its attorneys, alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1 Plaintiff is organized under the laws of the United States of America or its state of formation. 2. On July 14, 2021, KATHERINE A. DOUCETTE A/K/A KATHERINE DOUCETTE A/K/A KATHY DOUCETTE duly executed and delivered a note whereby KATHERINE A. DOUCETTE A/K/A KATHERINE DOUCETTE A/K/A KATHY DOUCETTE promised to pay the sum of $386,350.00 plus interest as set forth in said note. A copy of said note is annexed hereto. Plaintiff, directly or through an agent has complied with all applicable laws in an attempt to establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff has possession and control of the original note and mortgage, which note is secured by the HI A QUINOA AAO AAA 24-217038 - NiA Drafter:Nicole Allen 5 of 11 OUN PK AM INDEX NO. 616014/2024 D: NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. That to secure the payment of the sum represented by said note, KATHERINE A. DOUCETTE A/K/A KATHY DOUCETTE AND BRIAN D. DOUCETTE A/K/A BRIAN DOUCETTE, duly executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid: Recording Date: September 22, 2021 County: SUFFOLK Liber M00023327 Page 617 Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the filing of the complaint. A copy of said mortgage is annexed hereto. Said mortgage secured the real property known as 657 ALWICK AVENUE, WEST ISLIP, NEW YORK 11795 and by District 0500, Section 456.00, Block 01.00, Lot 108.000 together with all fixtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged premises, all as is more fully set forth in said mortgage. A copy of the legal description is set forth on Schedule A annexed. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. Plaintiff has complied with all conditions precedent contained in the mortgage, if any. To the extent applicable, Plaintiff has complied with RPAPL 1304 and RPAPL 1306. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law section 595-a and any rules and regulations promulgated thereunder, Banking Law sections 6-1 and 6-m. 10. That Defendants failed to comply with the conditions of the note and mortgage by failing to make the payment that became due on May 1, 2023 and each subsequent payment thereafter. 11 That by reason of such defaults, Plaintiff hereby declares the balance of the principal indebtedness immediately due and payable. 24-217038 - NiA Drafter:Nicole Allen 6 of 11 OUN PK AM INDEX NO. 616014/2024 D: NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 12. That there is now due and owing to the plaintiff, the principal sum of $372,207.48 with interest thereon from April 1, 2023 plus accumulated late charges together with any sums advanced by the plaintiff on behalf of defendant. 13 That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid. 14. That to protect its security afforded by said note and mortgage, it may be necessary for the plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein. 15. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 16. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed. 17. The description of each of the named party defendants interest is set out on Schedule "B” annexed. 18. The interest or lien of each of the named party defendants, if any, is set forth in Schedule “C” annexed. 19. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable attorneys’ fees incurred by plaintiff to protect or enforce plaintiff's security interest in the premises. 20. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of 24-217038 - NiA Drafter:Nicole Allen 7 of 11 OUN PK AM INDEX NO. 616014/2024 D: NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. AS AND FOR A SECOND CAUSE OF ACTION 21 Plaintiff repeats and re-alleges each and every allegation contained in paragraph 1 through 20 as though fully set forth herein. 22. This action is brought pursuant to Article 15 of the New York State Real Property Actions and Proceedings Law to bar defendants; SUNNOVA MANAGEMENT LLC, from any right, title, or interest in and to the premises located at 657 ALWICK AVENUE, WEST ISLIP, NY 11795 and by District: 0500; Section: 456.00; Block: 01.00; Lot: 108.000. 23 Plaintiff is the holder of the subject note and mortgage referenced in paragraphs 2 and 4 above. 24. Upon review of a foreclosure search it was determined that the following defendants have an interest or claim in the real property which cannot be extinguished in the foreclosure action: SUNNOVA MANAGEMENT LLC. 25. SUNNOVA MANAGEMENT LLC is named a party defendant by virtue of the fact that it holds a prior judgment which is adverse to Plaintiff's interest and which remains open of record as follows: Recorded Date: July 12, 2019 UCC No. U20190003651 24-217038 - NiA Drafter:Nicole Allen 8 of 11 OUN PK AM INDEX NO. 616014/2024 D: NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 County of SUFFOLK In the Amount of $40.00 plus costs and interest, if any Judgment is annexed hereto. 26. Upon information and belief, all of the defendants are known, and none of them are infants, mentally retarded, mentally ill or alcohol abusers. 27 Upon information and belief, there are no persons not being or ascertained at the commencement of this action who by any contingency contained in a devise or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved in this action, and any judgment rendered herein will not and may not affect any such person not in being or not ascertained at the time of the commencement of the action. 28 The liens of Defendants SUNNOVA MANAGEMENT LLC appear to be prior and adverse to the mortgage being foreclosed and are subject to be declared invalid and extinguished pursuant to Article 15 of the Real Property Actions and Proceedings Law. 29. Plaintiff hereby requests a judgment stating the following: ORDERED, ADJUDGED and DECREED that the prior lien(s) which appear to be adverse to the mortgage being foreclosed, namely the prior lien(s) of Defendant(s) SUNNOVA MANAGEMENT LLC are hereby declared invalid and extinguished pursuant to RPAPL Article 15; and it is further ORDERED, ADJUDGED and DECREED that Defendant(s) SUNNOVA MANAGEMENT LLC and all persons or entities claiming by, through or under them, be and are hereby forever barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; and it is further ORDERED, ADJUDGED AND DECREED, that the record be reformed to reflect that the prior lien(s) of Defendant SUNNOVA MANAGEMENT LLC, are invalid and extinguished. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 24-217038 - NiA Drafter:Nicole Allen 9 of 11 OUN PK AM INDEX NO. 616014/2024 D: NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 WHEREFORE, plaintiff demands judgment against the defendants as follows: On its First Cause of Action: A The defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. Cc Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D The monies arising from the sale may be brought into court; E Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the costs and expenses of this action including reasonable attorneys’ fees so far as the amount of such monies properly applicable thereto will pay the same; 24-217038 - NiA Drafter:Nicole Allen 10 of 11 D: U O OUN PK AM INDEX NO. 616014/2024 NYSCEF DOC. No. 4 RECEIVED NYSCEF: 07/02/2024 FE The plaintiff be decreed to be the owner of any and all personal property used in connection with the said mortgaged premises, except if discharged in bankruptcy; G The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; H awarding the relief requested in the additional causes of action stated in the complaint, if any; On its Second Cause of Action: that the lien(s) of defendant(s) SUNNOVA MANAGEMENT LLC, that are prior and adverse to the mortgage being foreclosed are declared invalid and extinguished pursuant to Article 15 of the Real Property Actions and Proceedings Law; and that plaintiff shall have such other and further relief or both, in the premises as shall be just and equitable. Dated: June 24, 2024 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorney for Plaintiff [ ] SARAZ/BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ] SCOTT R. WEISS, ESQ. [X] KELLY R. FABER, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 24-217038 - NiA Drafter:Nicole Allen 11 of 11