Preview
FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
WEBSTER BANK, N.A.,
Plaintiff, FORECLOSURE SUMMONS
-against-
JONATHAN M. SHIELDS; “JOHN DOE #1- #50” and
“MARY ROE #1- #50”, the last two names being
fictitious, it being intended to name all other parties who
may have some interest in or lien upon the premises
described in the complaint,
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorneys an answer to
the complaint in this action within twenty days after service of this summons, exclusive of the day of service,
or within thirty days after service is complete if the summons is not personally delivered to you within the
State of New York. The United States of America, if designated as a defendant in this action, may answer or
appear within sixty days of service hereof. If you fail to answer, judgment will be taken against you for the
relief demanded in the complaint.
Trial is desired in the County of Putnam. The basis of venue designated above is that the real property
that is the subject matter of this action is located in the County of Putnam.
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.
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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: June 25, 2024
MCMICHAEL TAYLOR GRAY, LLC
By: s/ Gregory J. Sanda
Gregory J. Sanda, Esq.
Attorneys for plaintiff
3550 Engineering Drive, Suite 260
Peachtree Corners, GA 30092
(404) 474-7149
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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 (800) 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
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.
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FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
WEBSTER BANK, N.A.,
Plaintiff, FORECLOSURE COMPLAINT
-against-
JONATHAN M. SHIELDS; “JOHN DOE #1- #50” and
“MARY ROE #1- #50”, the last two names being
fictitious, it being intended to name all other parties who
may have some interest in or lien upon the premises
described in the complaint,
Defendants.
The plaintiff, complaining of the defendants, by its attorneys, McMichael Taylor Gray,
LLC, alleges as follows:
1. The plaintiff is and was at all times mentioned a national bank, duly formed
and organized under the laws of the United States of America, and authorized to conduct
business in New York.
2. Upon information and belief, the non-governmental defendants listed in
Schedule A of this complaint, and the governmental defendants listed in Schedule B, have
a claim to or some interest in the mortgaged premises, or some part thereof, that accrued
subsequent to the plaintiff’s mortgage, and are subordinate to the plaintiff’s mortgage.
3. Upon information and belief, defendants “JOHN DOE” and “MARY ROE”
listed in the caption are tenants, occupants, persons or corporations, having or claiming an
interest in the premises described in this complaint.
4. Defendant Jonathan M. Shields duly executed, acknowledged, and
delivered to the plaintiff the consolidated debt instrument attached at Schedule C, which
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is a true and exact copy of the original (the “Note”). The Note memorializes Jonathan M.
Shields’s promise to pay the consolidated sum of $680,000.00, with interest, to the owner
or holder of the Note, in accordance with its terms.
5. As security for the payment of the indebtedness memorialized in the Note,
Jonathan M. Shields executed, acknowledged, and delivered to Mortgage Electronic
Registration Systems, Inc. (“MERS”), as mortgagee, and as nominee for Webster Bank,
N.A., the consolidated mortgage attached as Schedule D (the “Mortgage”), which is a lien
against the real property located at 13 Whitehill Place, Cold Spring, NY 10516, and
identified by Tax Map Number 37.20-2-13 (the “Property”).
6. The Mortgage was recorded in the Office of the Putnam County Clerk, and
any applicable mortgage tax was paid.
7. On April 24, 2019, Jonathan M. Shields executed, acknowledged, and
delivered to the plaintiff’s predecessor in interest the loan modification agreement attached
as Schedule E (the “Modification Agreement”), which that altered the terms and conditions
of the Note and Mortgage, as set forth therein.
8. The Mortgage is an inseparable incident of the Note. Notwithstanding, the
chain of title to the Mortgage is memorialized in the assignment set forth in Schedule F.
9. The plaintiff is the sole, true, and lawful owner and/or holder of Note and
Mortgage, as modified by the Modification Agreement (cumulatively, the “Mortgage
Loan”).
10. Jonathan M. Shields failed to comply with the terms and conditions of the
Mortgage Loan, and defaulted thereunder, by failing to pay the principal, interest, taxes,
assessments, water rents, insurance premiums, escrow, and/or other charges that were due
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on December 1, 2023, and each payment coming due thereafter, and/or by failing to
perform a covenant contained in the Mortgage Loan.
11. The plaintiff elects to call due the entire amount secured by the Mortgage
Loan.
12. To protect its security interest in the Property, the plaintiff has been, and/or
may be compelled during the pendency of this action to pay local taxes, assessments, water
rents, insurance premiums, F.H.A. or Veterans Administration premiums or charges, and
other charges affecting the Property. As such, the plaintiff reserves its right to add any sums
expended for these purposes, with interest, to the sum otherwise due, and to deem those
additional sums secured by the Mortgage Loan, and adjudged a valid lien against the
Property.
13. In the Mortgage Loan, Jonathan M. Shields agreed to pay plaintiff’s
reasonable attorneys’ fees in connection with this action, which fees are deemed secured
by the Mortgage, and a lien on the Property prior to any right, title, claim, or interest in, to,
or upon the Property attaching or accruing subsequent to the lien of the Mortgage.
14. The plaintiff advanced the loan proceeds in accordance with the terms of
the Note, and Jonathan M. Shields received those proceeds.
15. The plaintiff shall not be deemed to have waived, released, or changed the
election hereinbefore made by reason of the payment, after the date of commencement of
this action, of any and all of the defaults mentioned herein; and such election shall remain
effective until the costs and disbursements of this action, and any future defaults under the
Mortgage Loan occurring prior to the discontinuance of this action, are fully paid.
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16. There are no other pending proceedings to collect or enforce the Mortgage
Loan, nor has any part of the mortgage debt been collected as a result of any legal
proceedings.
17. If applicable, the plaintiff and the Mortgage Loan are, and all times relevant
have been, in compliance with NYS Banking Law §§ 6-l, 6-m, and 595-a, and any rules
and regulations promulgated thereunder.
18. The plaintiff complied with RPAPL § 1304. A notice, dated January 10,
2024, with the required Housing Counseling Agency list, was mailed to the borrower, in
strict conformance with the requirements set forth in RPAPL § 1304. A copy of the notice
delivered, with proof of mailing, is attached as Schedule G.
19. The plaintiff complied with RPAPL § 1306 by filing the required mailing
information related to the RPAPL § 1304 pre-foreclosure notices with the Department of
Financial Services, within three business days of the mailings. A copy of the DFS filing
receipt is attached as Schedule G.
20. The plaintiff complied with NYS Banking Law § 9-x by making
applications for forbearance widely available to each qualified mortgagor who has
demonstrated financial hardship during the covered period.
21. The plaintiff will comply with CPLR § 3012-b by filing a Certificate of
Merit concurrently with this complaint.
22. Schedules A through G of this complaint are expressly incorporated herein
and made a part hereof for all purposes, with the same force and effect as if they were fully
set forth herein.
WHEREFORE, the plaintiff demands judgment
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a. Barring and forever foreclosing each defendant’s right, title, claim, lien, and
equity of redemption in and to the Property; and
b. Ordering the sale of the mortgaged premises, according to law, and ordering
that the moneys arising from the sale be brought in to court, and then distributed to pay
the expenses of the sale, the full balance of the indebtedness, the costs and
disbursements of the action, the plaintiff’s reasonable attorneys’ fees, and any sums
paid by the plaintiff, now or in the future, for insurance premiums, taxes, water rents,
sewer rents, or charges, costs, or expenses of any kind that are in any way related to the
Property, with interest; and
c. If requested by the plaintiff, appointing a receiver of the rents and profits of
the Property; and
d. If requested by the plaintiff, granting a money judgment against Jonathan
M. Shields for any deficiency that may result after the foreclosure sale proceeds are
applied to the outstanding debt, unless discharged in bankruptcy; and
e. Awarding the plaintiff such other and further relief the court deems just and
proper.
Dated: June 25, 2024
MCMICHAEL TAYLOR GRAY, LLC
By: s/ Gregory J. Sanda
Gregory J. Sanda, Esq.
Attorneys for plaintiff
3550 Engineering Drive, Suite 260
Peachtree Corners, GA 30092
(404) 474-7149
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Preview
FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM WEBSTER BANK, N.A., Plaintiff, FORECLOSURE SUMMONS -against- JONATHAN M. SHIELDS; “JOHN DOE #1- #50” and “MARY ROE #1- #50”, the last two names being fictitious, it being intended to name all other parties who may have some interest in or lien upon the premises described in the complaint, Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorneys an answer to the complaint in this action within twenty days after service of this summons, exclusive of the day of service, or within thirty days after service is complete if the summons is not personally delivered to you within the State of New York. The United States of America, if designated as a defendant in this action, may answer or appear within sixty days of service hereof. If you fail to answer, judgment will be taken against you for the relief demanded in the complaint. Trial is desired in the County of Putnam. The basis of venue designated above is that the real property that is the subject matter of this action is located in the County of Putnam. 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. 1 1 of 8 FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 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: June 25, 2024 MCMICHAEL TAYLOR GRAY, LLC By: s/ Gregory J. Sanda Gregory J. Sanda, Esq. Attorneys for plaintiff 3550 Engineering Drive, Suite 260 Peachtree Corners, GA 30092 (404) 474-7149 2 2 of 8 FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024 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 (800) 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 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. 1 3 of 8 FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM WEBSTER BANK, N.A., Plaintiff, FORECLOSURE COMPLAINT -against- JONATHAN M. SHIELDS; “JOHN DOE #1- #50” and “MARY ROE #1- #50”, the last two names being fictitious, it being intended to name all other parties who may have some interest in or lien upon the premises described in the complaint, Defendants. The plaintiff, complaining of the defendants, by its attorneys, McMichael Taylor Gray, LLC, alleges as follows: 1. The plaintiff is and was at all times mentioned a national bank, duly formed and organized under the laws of the United States of America, and authorized to conduct business in New York. 2. Upon information and belief, the non-governmental defendants listed in Schedule A of this complaint, and the governmental defendants listed in Schedule B, have a claim to or some interest in the mortgaged premises, or some part thereof, that accrued subsequent to the plaintiff’s mortgage, and are subordinate to the plaintiff’s mortgage. 3. Upon information and belief, defendants “JOHN DOE” and “MARY ROE” listed in the caption are tenants, occupants, persons or corporations, having or claiming an interest in the premises described in this complaint. 4. Defendant Jonathan M. Shields duly executed, acknowledged, and delivered to the plaintiff the consolidated debt instrument attached at Schedule C, which 1 4 of 8 FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 is a true and exact copy of the original (the “Note”). The Note memorializes Jonathan M. Shields’s promise to pay the consolidated sum of $680,000.00, with interest, to the owner or holder of the Note, in accordance with its terms. 5. As security for the payment of the indebtedness memorialized in the Note, Jonathan M. Shields executed, acknowledged, and delivered to Mortgage Electronic Registration Systems, Inc. (“MERS”), as mortgagee, and as nominee for Webster Bank, N.A., the consolidated mortgage attached as Schedule D (the “Mortgage”), which is a lien against the real property located at 13 Whitehill Place, Cold Spring, NY 10516, and identified by Tax Map Number 37.20-2-13 (the “Property”). 6. The Mortgage was recorded in the Office of the Putnam County Clerk, and any applicable mortgage tax was paid. 7. On April 24, 2019, Jonathan M. Shields executed, acknowledged, and delivered to the plaintiff’s predecessor in interest the loan modification agreement attached as Schedule E (the “Modification Agreement”), which that altered the terms and conditions of the Note and Mortgage, as set forth therein. 8. The Mortgage is an inseparable incident of the Note. Notwithstanding, the chain of title to the Mortgage is memorialized in the assignment set forth in Schedule F. 9. The plaintiff is the sole, true, and lawful owner and/or holder of Note and Mortgage, as modified by the Modification Agreement (cumulatively, the “Mortgage Loan”). 10. Jonathan M. Shields failed to comply with the terms and conditions of the Mortgage Loan, and defaulted thereunder, by failing to pay the principal, interest, taxes, assessments, water rents, insurance premiums, escrow, and/or other charges that were due 2 5 of 8 FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 on December 1, 2023, and each payment coming due thereafter, and/or by failing to perform a covenant contained in the Mortgage Loan. 11. The plaintiff elects to call due the entire amount secured by the Mortgage Loan. 12. To protect its security interest in the Property, the plaintiff has been, and/or may be compelled during the pendency of this action to pay local taxes, assessments, water rents, insurance premiums, F.H.A. or Veterans Administration premiums or charges, and other charges affecting the Property. As such, the plaintiff reserves its right to add any sums expended for these purposes, with interest, to the sum otherwise due, and to deem those additional sums secured by the Mortgage Loan, and adjudged a valid lien against the Property. 13. In the Mortgage Loan, Jonathan M. Shields agreed to pay plaintiff’s reasonable attorneys’ fees in connection with this action, which fees are deemed secured by the Mortgage, and a lien on the Property prior to any right, title, claim, or interest in, to, or upon the Property attaching or accruing subsequent to the lien of the Mortgage. 14. The plaintiff advanced the loan proceeds in accordance with the terms of the Note, and Jonathan M. Shields received those proceeds. 15. The plaintiff shall not be deemed to have waived, released, or changed the election hereinbefore made by reason of the payment, after the date of commencement of this action, of any and all of the defaults mentioned herein; and such election shall remain effective until the costs and disbursements of this action, and any future defaults under the Mortgage Loan occurring prior to the discontinuance of this action, are fully paid. 3 6 of 8 FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 16. There are no other pending proceedings to collect or enforce the Mortgage Loan, nor has any part of the mortgage debt been collected as a result of any legal proceedings. 17. If applicable, the plaintiff and the Mortgage Loan are, and all times relevant have been, in compliance with NYS Banking Law §§ 6-l, 6-m, and 595-a, and any rules and regulations promulgated thereunder. 18. The plaintiff complied with RPAPL § 1304. A notice, dated January 10, 2024, with the required Housing Counseling Agency list, was mailed to the borrower, in strict conformance with the requirements set forth in RPAPL § 1304. A copy of the notice delivered, with proof of mailing, is attached as Schedule G. 19. The plaintiff complied with RPAPL § 1306 by filing the required mailing information related to the RPAPL § 1304 pre-foreclosure notices with the Department of Financial Services, within three business days of the mailings. A copy of the DFS filing receipt is attached as Schedule G. 20. The plaintiff complied with NYS Banking Law § 9-x by making applications for forbearance widely available to each qualified mortgagor who has demonstrated financial hardship during the covered period. 21. The plaintiff will comply with CPLR § 3012-b by filing a Certificate of Merit concurrently with this complaint. 22. Schedules A through G of this complaint are expressly incorporated herein and made a part hereof for all purposes, with the same force and effect as if they were fully set forth herein. WHEREFORE, the plaintiff demands judgment 4 7 of 8 FILED: PUTNAM COUNTY CLERK 07/02/2024 11:15 AM INDEX NO. 501120/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 a. Barring and forever foreclosing each defendant’s right, title, claim, lien, and equity of redemption in and to the Property; and b. Ordering the sale of the mortgaged premises, according to law, and ordering that the moneys arising from the sale be brought in to court, and then distributed to pay the expenses of the sale, the full balance of the indebtedness, the costs and disbursements of the action, the plaintiff’s reasonable attorneys’ fees, and any sums paid by the plaintiff, now or in the future, for insurance premiums, taxes, water rents, sewer rents, or charges, costs, or expenses of any kind that are in any way related to the Property, with interest; and c. If requested by the plaintiff, appointing a receiver of the rents and profits of the Property; and d. If requested by the plaintiff, granting a money judgment against Jonathan M. Shields for any deficiency that may result after the foreclosure sale proceeds are applied to the outstanding debt, unless discharged in bankruptcy; and e. Awarding the plaintiff such other and further relief the court deems just and proper. Dated: June 25, 2024 MCMICHAEL TAYLOR GRAY, LLC By: s/ Gregory J. Sanda Gregory J. Sanda, Esq. Attorneys for plaintiff 3550 Engineering Drive, Suite 260 Peachtree Corners, GA 30092 (404) 474-7149 5 8 of 8