Preview
FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
U.S. Bank Trust National Association, not in its Summons with Notice of Action to
individual capacity but solely as owner trustee for Foreclose a Mortgage
Citigroup Mortgage Loan Trust 2021-RP6
Plaintiff, Index Number
-against-
Filed on
Stephanie Scarcella a/k/a Stephanie Marie
O'Shaughnessy a/k/a Stephanie
O'Shaughnessy a/k/a The basis of venue is the location of
Stephanie M. O'Shaughnessy, Ford Motor Credit the subject premises.
DOE #1" through "JOHN
Company LLC and "JOHN
DOE#12," the last twelve names being fictitious and
unknown to Plaintiff, the person or parties intended
being the tenants, occupants, persons or corporations,
if any, having or claiming an interest in or lien upon
the premises being foreclosed herein
Defendant(s).
WEAREATTEMPTINGTOCOLLECTa DEBTANDANYINFORMATION
OBTAINEDWILL BE USEDFORTHATPURPOSE
TOTHEABOVE-NAMED
DEFENDANTS:
YOUAREHEREBYSUMMONEDto 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 Plaintiffs attorneys within 20 days after the service of this summons exclusive
of the day of service or within 30 days after completion of servicewhere service is made in any
other manner than by personal delivery within the State. The United States of America, if
designated a defendant in
as this action, may answer or appear within sixty (60) days of service
hereof. In case of your failure to appear or answer, judgment will be taken against you by default
for the relief demandedin the complaint.
YOUHAVETHERIGHTTOREQUESTTHATEACHCOMMUNICATION BE
PROVIDEDIN ANALTERNATIVE, REASONABLE A CCOMODATABLE FORMAT.
YOUMAYREQUESTTHIS NOTICE ANDFURTURECOMMUNICATIONS IN AN
ALTERNATIVE, REASONABLE A CCOMMODATABLE TOYOU, SUCH AS LARGE
PRINT, BRAILLE, AUDIOCOMPACT D ISC, OROTHER MEANS. TO REQUEST
SUCHALTERNATIVE, PLEASECALL OUROFFICESAT 516-763-3200.
NOTICE
OFLOSINGYOURHOME
YOUAREIN DANGER
you do not respond to this summonsand complaint by serving a copy of the answer
If
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 summonsand protect your property.
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Sending a payment to your mortgage company will not stop this foreclosure action.
YOUMUSTRESPONDBY SERVING A COPYOF THE ANSWER ON THE
ATTORNEYFORTHE PLAINTIFF (MORTGAGE
COMPANY) A ND FILING THE
ANSWERWITHTHE COURT.
Dated: June 19, 2024
Rockville Centre, New York C---
Ted Eric May, Esq.
Sheldon May & Associates, P.C.
Attorneys for Plaintiff
& P.O. Address
Office
255 Merrick Road
Rockville Centre, NewYork 11570
(516) 763-3200
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HELP FORHOMEOWNERS
IN FORECLOSURE
NEWYORKSTATE LAW REQUIRESTHAT WE SEND YOU THIS
PROCESS.PLEASE READIT
NOTICE ABOUTTHE FORECLOSURE
CAREFULLY.
ANDCOMPLAINT
SUMMONS
YOUARE IN DANGEROF LOSING YOURHOME. IF YOUFAIL TO
RESPOND TO THE SUMMONSAND COMPLAINT IN THIS
FORECLOSURE ACTION, YOUMAYLOSE YOURHOME. PLEASE
READTHESUMMONS ANDCOMPLAINTCAREFULLY. YOUSHOULD
IMMEDIATLEY CONTACT AN ATTORNEYORYOURLOCALLEGAL
AID OFICE TOOBTAIN ADVICEONHOWTOPROTECTYOURSELF.
OFINFORMATIONANDASSISTANCE
SOURCES
THE STATE ENCOURAGES YOU TO BECOMEINFORMEDABOUT
YOUROPTIONSIN FORECLOSURE.
IN ADDITION TO SEEKING ASSISTANCEFROMAN ATTORNEY OR
LEGAL AID OFFICE, THEREARE GOVERNMENT AGENCIES AND
NON-PROFIT ORGANIZATIONSTHAT YOU MAY CONTACTFOR
INFORMATIONABOUTPOSSIBLEOPTIONS, INCLUDING TRYINGTO
WORK
WITHYOURLENDERDURINGTHIS PROCESS.
TOLOCATEANENTITY NEARYOU, YOUMAYCALLTHETOLL-FREE
HELPLINE MAINTAINEDBY THENEWYORKSTATE DEPARTMENT
OF FINANCIAL SERVICES AT 1-800-269-0990 OR VISIT THE
DEPARTMENT'S WEBSITEAT www.DFS.NY.GOV
RIGHTS ANDOBLIGATIONS
YOUARENOTREQUIREDTO LEAVE YOURHOMEAT THIS TIME.
YOUHAVE THE RIGHT TO STAY IN YOURHOMEDURING THE
FORECLOSUREPROCESS. YOU ARE NOT REQUIREDTO LEAVE
YOURHOMEUNLESS AND UNTIL YOURPROPERTYIS SOLD AT
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TOA JUDGMENT
AUCTIONPURSUANT OFFORECLOSUREANDSALE.
REGARDLESSOF WHETHERYOU CHOOSETO REMAININ YOUR
HOME, YOUAREREQUIREDTO TAKE CAREOF YOURPROPERTY
ANDPAY PROPERTYTAXES IN ACCORDANCEWITH STATE AND
LOCALLAW.
RESCUESCAMS
FORECLOSURE
BE CAREFULOF PEOPLEWHOAPPROACH YOUWITH OFFERSTO
"SAVE" YOURHOME.THEREARE INDIVIDUALS WHO WATCHFOR
ACTIONS IN ORDERTO UNFAIRLY
NOTICES OF FORECLOSURE
PROFIT FROMA HOMEOWNER'S DISTRESS. YOU SHOULD BE
EXTREMELYCAREFUL ABOUTANY SUCHPROMISESAND ANY
SUGGESTIONSTHATYOUPAY THEMA FEE OR SIGN OVERYOUR
DEED. STATE LAWREQUIRESANYONEOFFERINGSUCHSERVICES
FOR PROFIT TO ENTER INTO A CONTRACTWHICH FULLY
DESCRIBESTHE SERVICESTHEYWILL PERFORMANDFEESTHEY
WILL CHARGE,ANDWHICHPROHIBITS THEMFROMTAKING ANY
MONEYFROMYOU UNTIL THEYHAVE COMPLETEDALL SUCH
PROMISEDSERVICES.
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Notice to Tenants of Buildings in Foreclosure
New York State Law requires that we provide you this notice about the
foreclosure process. Please read it carefully.
We, U.S. Bank Trust National Association, not in its individual capacity but
solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 are the
foreclosing party and are located at c/o Nationstar Mortgage, 8950 Cypress
Waters Boulevard, Coppell, Texas 75019. Wecan be reached at 1-888-480-2432.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the lease
requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be entitled
to remain in occupancy for the remainder of your lease term. If you do not have
a lease, you will be entitled to remain in your home until ninety days after any
person or entity who acquires title to the property provides you with a notice as
required by section 1305 of the Real Property Actions and Proceedings
Law.
The notice shall provide information regarding the nameand address of the new
owner and your rights to remain in your home. These rights are in addition to
any others you may have if you are a subsidized tenant under federal,
state or
local law or if you are a tenant subject to rent control, rent stabilization or a
federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED
TENANTSAREPROTECTED UNDERTHERENTREGULATIONSWITH
RESPECTTOEVICTION ANDLEASE RENEWALS.THESERIGHTS ARE
UNAFFECTEDBY A BUILDING ENTERINGFORECLOSURE STATUS.
THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED
BUILDINGS CONTINUETO BE AFFORDED THE SAMELEVEL OF
PROTECTIONEVEN THOUGH THE BUILDING IS THE SUBJECT OF
FORECLOSURE.EVICTIONS CANONLYOCCUR IN NEWYORKSTATE
PURSUANTTOA COURTORDERANDAFTERA FULL HEARINGIN
COURT. IF YOUNEEDFURTHER INFORMATION, PLEASECALL THE
NEWYORKSTATE DEPARTMENT OF FINANCIAL SERVICES' TOLL-
FREE HELPLINE AT 1-877-226-5697 OR VISIT THE DEPARTMENT'S
WEBSITEAT WWW.DFS.NY.GOV.
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NOTICETO DEFENDANT
DURINGTHE CORONAVIRUSEMERGENCY, YOU
MIGHTBE ENTITLEDBY LAWTO TAKEADDITIONAL
DAYSORWEEKSTOFILE AN ANSWER TO THIS
COMPLAINT.
PLEASECONTACTYOURATTORNEYFORMORE
INFORMATION.
IF YOUDON'T HAVEAN ATTORNEY,PLEASEVISIT
http://ww2.nycourts.gov/admin/opp/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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AVISO A DEMANDADO
DURANTE LA EMERGENCIA
DEL CORONAVIRUS,
ES POSIBLE QUEUSTEDTENGADERECHOPORLEY
A TOMARD0AS O SEMANASADICIONALES
PARAPRESENTARUNARESPUESTA
A ESTAPETICIÓN
PARAMAS
A SUABOGADO
PORFAVORCONTACTE
INFORMACIÓN.
SI USTEDNOTIENE UNABOGADO,
VISTE
http://ww2.nycourts.gov/admin/opp/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
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SUPREMECOURTOFTHE STATEOFNEWYORK
COUNTYOFSUFFOLK
U.S. Bank Trust National Association, not in its individual Verified Complaint for an
Mortgage Action to Foreclose a
capacity but solely as owner trustee for Citigroup
Loan Trust 2021-RP6 Mortgage
Plaintiff,
-against- Index Number:
Stephanie Scarcella a/k/a Stephanie Marie O'Shaughnessy a/k/a
Stephanie O'Shaughnessy a/k/a Stephanie M. O'Shaughnessy,
#1"
Ford Motor Credit Company LLC and "JOHN DOE
#12,"
tbrough "JOHN DOE the last twelve names being
fictitious and unknown to Plaintiff, the person or parties
intended being the tenants, occupants, persons or corporations,
if any, having or claiming an interest in or lien upon the
premises being foreclosed herein,
Defendants.
YOUHAVETHERIGHTTOREQUEST THATEACHCOMMUNICATION BE
PROVIDEDIN ANALTERNATIVE, REASONABLE A CCOMODATABLE FORMAT.
YOUMAYREQUEST THIS NOTICE ANDFURTURECOMMUNICATIONS IN AN
ALTERNATIVE, REASONABLE A CCOMMODATABLE TO YOU, SUCH AS LARGE
PRINT, BRAILLE, AUDIO COMPACT DISC, OROTHER MEANS. TO REQUEST
SUCHALTERNATIVE, PLEASECALL OUR OFFICES AT 516-763-3200.
U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee
for Citigroup Mortgage Loan Trust 2021-RP6 by its attorneys, Sheldon May Associates, &
of Defendant(s), respectfully alleges upon information and belief as follows:
complaining
L Parties
A. Upon information and belief, mentioned, the Plaintiff
that all times hereinafter was
and still is a statutory trust organized and existing under the laws of the State of its
incorporation, and is duly authorized to conduct business in the State of NewYork.
Ernest Eagler Jr. delivered to GreenPoint Mortgage Funding, Inc. a note (a copy of
which is attached hereto) dated May 9, 2003.
B. As for the note, Ernest Eagler Jr. Mortgage Electronic
delivered to
security
Systems, Inc. as nominee for GreenPoint Mortgage Funding,
Registration Inc. a
mortgage (a copy of which is attached hereto) dated May 9, 2003 which was
recorded in the Clerk's Office where the property is located on August 4, 2003, in
Liber/Reel/Book/Instrument 20462 of Mortgages at Page 575. At the time of
recording the Mortgage Tax was paid.
Does," have or have some
C. All other named defendants and "John may claim to
upon said mortgaged premises or some part thereof, which
interest in, or lien
interest or lien, if any, has accrued subsequent to the lien of the mortgage, or may
have accrued prior to said mortgage, but is subject and subordinate thereto to the
of said mortgage.
lien
D. The People of the State of New York, The State Tax Commission, The
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Environmental Control Board, The Environmental Fire Control Board, The
Industrial Commissioner of the State of NewYork, The Parking Violations Bureau,
and all other agencies or instrumentalities of the Federal (the United State of
America), State or local government (by whatever name designated) if made parties
to this action and if appearing in the caption are made parties solely of the judgment
hereinafter set forth and filed as noted in the amount set forth or by virtue of any
estate taxes: SEEATTACHED
EDGMENT(S)(If Any.)
E. Upon information and belief, if applicable, any defendant captioned as a
corporation is believed to be a NewYork corporation or licensed to do business in
NewYork.
F. There was a loan assumption agreement signed by Stephanie Scarcella a/k/a
Stephanie Marie O'Shaughnessy a/k/a Stephanie O'Shaughnessy a/k/a Stephanie M.
O'Shaughnessy dated March 18, 2020 and recorded in the recorded in the
SUFFOLKCounty Clerk's Office on May 6, 2020 in Liber/Reel/Book/Instrument
M00023132 of Mortgages at Page 673.
IL Standing
A. U.S. Bank Trust National Association, not in its individual capacity but solely as
owner trustee for Citigroup Mortgage Loan Trust 2021-RP6, directly or through an
agent, has possession and control of the promissory note. U.S. Bank Trust National
Association, not in its individual capacity but solely as owner trustee for Citigroup
Mortgage Loan Trust 2021-RP6 has delegated the authority to institute a
foreclosure action to Nationstar Mortgage LLC , as servicer for the Plaintiff,
pursuant to a Limited Power of Attorney. The promissory note is either made
payable to U.S. Bank Trust National Association, not in capacity but
its individual
solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 or has been
duly endorsed or contains an allonge. U.S. Bank Trust National Association, not
in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan
Trust 2021-RP6 is either the original mortgagee or assignee of the security
instrument for the subject loan. U.S. Bank Trust National Association, not in its
individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust
2021-RP6 has the right to foreclose the subject note and security instrument. U.S.
Bai6 Trust National Association, not in its individual capacity but solely as owner
trustee for Citigroup Mortgage Loan Trust 2021-RP6 is the owner and holder of the
subject mortgage and note, or has been delegated the authority to institute a
foreclosure action by such owner and holder of the subject mortgage and note.
B. The original mortgage was given to Mortgage Electronic Registration Systems, Inc.
as nominee forGreenPoint Mortgage Funding, Inc. on May 9, 2003 which was
recorded in the Clerk's Office where the property is located on August 4, 2003, in
Liber/Reel/Book/Instrument 20462 of Mortgages at Page 575. Said mortgage was
then assigned from Mortgage Electronic Registration Systems, Inc. as nominee for
GreenPoint Mortgage Funding, Inc. to U.S. Bank Trust National Association, not
in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan
Trust 2021-RP6, and the Assignment of Mortgage was dated September 21, 2023
and recorded in the Clerk's Office where the property is located on November 9,
2023 in Liber/Reel/Book/Instrument/CRFN 23546 at Page 991 of Mortgages. .
C. Said Mortgage was duly recorded in the Clerk's Office / City Register's Office in
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the County where the property is located and any applicable recording tax was duly
paid at the time of recording.
D. The original Mortgage given on May 9, 2003 and recorded in the Clerk's Office
where the property is located on August 4, 2003, in Liber/Reel/Book/Instrument
20462 of Mortgages at Page 575, was modified. (a copy of which is attached
hereto).
HL Borrower's Non-Payment
A. Ernest Eagler Jr. failed to comply with the terms, covenants and conditions of the
said Note by defaulting in the payment of the monthly installment due on
September 1, 2022, and each subsequent month thereafter, all of which have been
unpaid for more than thirty (30) days and remain unpaid.
B. Plaintiff and/or their servicing agent sent a default letter in accordance with
paragraph 22 of the mortgage that is the subject of the within action.
C. Plaintiff and/or their servicing agent sent out a 90 day default notice to the borrower
in full compliance with the requirements of RPAPLSection 1304.
D. The following amounts are now due and owing on said mortgage and the said
instrument secured by said mortgage, no part of any of which has been paid
although duly demanded: The Principal Balance in the amount of $117,737.51
with interest from August 1, 2022 at the current interest rate of 6.375%, along with
all other fees and costs permitted by the note and mortgage and a deferred principal
balance of $0.00.
payment of the monthly installment of principal and
E. By reason of the default in the
interest, among other things, as hereinafter set forth, Plaintiff, the holder of the
aforementioned note and mortgage, and/or their agents have elected to and hereby
accelerate the mortgage and declare the entire mortgage indebtedness immediately
due and payable.
F. The mortgage provides for the payment of counsel fees incurred by the Plaintiff in
any action to foreclose the mortgage. The Plaintiff has incurred and will incur
counsel fees until the termination of the foreclosure action.
IV. Compliance with State Law
A. Upon information and belief, if applicable, Plaintiff has complied with all of the
provisions of section §9-X, five hundred ninety-five-a of the banking law and any
rules and regulations promulgated hereunder, section six-1 or six-m of the banking
law, for loans governed by those provisions and section thirteen hundred four.
Upon
information and belief, if applicable, the Plaintiff and/or their agents has/have
complied with RPAPL§§1304 and 1306 as well as all other applicable sections of
the CPLRand RPAPL. If applicable, the foreclosing party has complied with the
requirements set forth in the COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020. To the best of our knowledge at the time of filing, the
foreclosing party has not received a hardship declaration from the
mortgagor.
V. Note and Mortgage Provisions
A. In the event that Plaintiff any other lien(s) against said mortgaged
possesses
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
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
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proceeding(s), including, without any surplus money proceedings.
limitation,
B. Plaintiff shall not be deemed to have waived, altered, released, or changed the
election hereinbefore made, by reason of any payment after the commencement of
this action, of any or all of the defaults mentioned herein, and such election shall
continue and remain effective.
C. Plaintiff believes that during the pendency of this action, in order to protect the
security of the within mortgage, it may be compelled to make advances for the
following item(s), including but not limited to, taxes, assessments, water, prior liens
and insurance premiums that are or may become due, plus interest, as provided for
in the mortgage.
VL Subject To Provisions
A. Plaintiff requests that in the event that this action will proceed to judgment of
foreclosure and sale, said premises should be sold subject to the following: (1) Any
state of facts an accurate survey or personal inspection would disclose. (2)
Covenants, restrictions, easements, declarations, rights of way, agreements and
reservations, if any, of record and to any and all violations thereof. (3) Any and all
building and zoning regulations, restrictions, ordinances and amendments thereto
of the municipality, the State, the Federal Government, or any agency, bureau,
commission or department in which said premises are situated, and to any violations
or notices of violations of the same, including, but not limited to, reapportionment
of and vault charges, if any. (4) The rights of tenants, if any, whose tenancy
lot lines,
has not been foreclosed by this action. (5) The rights of any lienors or prior
mortgagees of record whose liens have not been foreclosed herein, if any. (6) The
right of the United States of America to re-deem if a federal tax lien is filed against
the premises as of the date of sale hereunder. (7) The physical condition of any
buildings or structures on the premises as of the date of sale hereunder. (8)
Conditional bills of sale, if any. (9) Any and all orders or requirements issued by
any governmental body having jurisdiction against or affecting said premises and
violations of the same. (10) Rights of any Defendant(s) pursuant to CPLRsection
3 17, CPLR Section 2003 and CPLR Section 5015, if any; (11) 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. (12) Outstanding condominium charges,
if any. (13) The rights of holders of security in fixtures as defined by the Uniform
Commercial Code. (14) Taxes, assessments and water rates which are liens on the
premises at the time of sale, with accrued interest or penalties thereon. (15) Prior
mortgage liens of record, if any, and any advances and arrears there under.
VIL Miscellaneous Provisions
A. Upon information and belief, no other action or proceeding is now pending at law
or otherwise for the foreclosure of said mortgage based upon this default or for
recovery of the said sum secured by said note and mortgage or any part thereof.
WHEREFORE,
the Plaintiff demands judgment: Adjudging and decreeing the amounts due
(1)
the Plaintiff for principal, interest, costs, late charges, expenses of sale, allowances and
disbursements, reasonable attorney's fees if provided for in the mortgage and any monies advanced
and paid which are secured by the mortgage. (2) The Defendant(s) and any and all persons
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claiming by, through or under them and every other person or entity whose right, title, conveyance
or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by
being a defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest
or equity of redemption in and to said mortgage premises. (3) The said mortgage premises, or
such part thereof as may be necessary to raise the amounts due as aforesaid, be decreed to be sold
according to law subject to the provisions of this complaint. (4) That out of the monies arising
from the sale of the mortgaged property, the Plaintiff may be paid the amounts due on said note
and mortgage, plus those items referenced in the complaint, together with any sums expended,
with interest as allowed by law upon any advances from the dates of the respective payments, so
far as the amount of such money properly applicable will pay the same. (5) That any of the parties
to this action may become a purchaser upon the sale of the mortgaged premises. (6) The court, if
requested, appoint a receiver of the rents and profits of said premises with the usual powers and
duties. (7) The original Obligor(s) in this complaint and any subsequent Obligor(s) so named in
this action, may be adjudged to pay any deficiency that may remain after applying all of said
monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy
petition, waived by the plaintiff, or unless the Plaintiff is unable to produce a copy of the note, in
which case no deficiency judgment will be sought. (8) In the event Plaintiff possesses any other
liens against the premises, they shall not be merged. Plaintiff specifically reserves its right to share
in any surplus monies arising from the sale of the subject premises by virtue of its position as a
judgment or other lien creditor, excluding the mortgage being foreclosed herein. (9) The Plaintiff
have such relief as requested in the complaint. (10) The Plaintiff may have such other and further
relief as may be just, equitable and proper. (11) That the Defendants and every person or entity
claiming under them be forever barred from all claims to an estate or interest in the property
described in this Complaint to the extent that any such claim may be asserted to be superior to
Plaintiffs earlier mortgage hereinbefore set forth. (12) If there is a mobile home, the mobile home
shall be decreed to be sold along with the real property and (13) any and all provision in paragraph
VII entitled Miscellaneous Provisions.
Sheldon May AAss0 iates;RC.
Hy Ted Eric May, Esq.
255 Merrick Road
Rockville Centre, NewYork 11570
(516) 763
- 3200
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Verification
State of NewYork, County of Nassau ) ss:
Ted Eric May, the undersigned, an attorney duly admitted to practice before the Courts of this
State, respectfully shows:
That he is a member of the law firm of Sheldon May & Associates, P.C., and the attorneys of
record for the Plaintiff in the above entitled action. That he has read the foregoing Verified
Complaint and knows the contents thereof, and the same is true to affiants own knowledge, except
as to those matters therein stated to be alleged upon information and belief, and as to those matters
believes them to be true. The grounds of affiants belief as to all matters not stated upon affiants
knowledge are based upon the records of Plaintiff in affiants possession or the business records of
Plaintiff and/or their servicer/agent. The reason that this verification is made by the undersigned
and not by the Plaintiff is because Plaintiff is domiciled outside Nassau County; that being the
County in which your affiant maintains an office for the practice of law.
The undersigned affirms that the foregoing statements are true under penalty of perjury.
Dated: June 19, 2024
Rockville Centre, NewYork
Ted EridlWay, Esq.
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Preview
FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK U.S. Bank Trust National Association, not in its Summons with Notice of Action to individual capacity but solely as owner trustee for Foreclose a Mortgage Citigroup Mortgage Loan Trust 2021-RP6 Plaintiff, Index Number -against- Filed on Stephanie Scarcella a/k/a Stephanie Marie O'Shaughnessy a/k/a Stephanie O'Shaughnessy a/k/a The basis of venue is the location of Stephanie M. O'Shaughnessy, Ford Motor Credit the subject premises. DOE #1" through "JOHN Company LLC and "JOHN DOE#12," the last twelve names being fictitious and unknown to Plaintiff, the person or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein Defendant(s). WEAREATTEMPTINGTOCOLLECTa DEBTANDANYINFORMATION OBTAINEDWILL BE USEDFORTHATPURPOSE TOTHEABOVE-NAMED DEFENDANTS: YOUAREHEREBYSUMMONEDto 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 Plaintiffs attorneys within 20 days after the service of this summons exclusive of the day of service or within 30 days after completion of servicewhere service is made in any other manner than by personal delivery within the State. The United States of America, if designated a defendant in as this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demandedin the complaint. YOUHAVETHERIGHTTOREQUESTTHATEACHCOMMUNICATION BE PROVIDEDIN ANALTERNATIVE, REASONABLE A CCOMODATABLE FORMAT. YOUMAYREQUESTTHIS NOTICE ANDFURTURECOMMUNICATIONS IN AN ALTERNATIVE, REASONABLE A CCOMMODATABLE TOYOU, SUCH AS LARGE PRINT, BRAILLE, AUDIOCOMPACT D ISC, OROTHER MEANS. TO REQUEST SUCHALTERNATIVE, PLEASECALL OUROFFICESAT 516-763-3200. NOTICE OFLOSINGYOURHOME YOUAREIN DANGER you do not respond to this summonsand complaint by serving a copy of the answer If 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 summonsand protect your property. 1 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Sending a payment to your mortgage company will not stop this foreclosure action. YOUMUSTRESPONDBY SERVING A COPYOF THE ANSWER ON THE ATTORNEYFORTHE PLAINTIFF (MORTGAGE COMPANY) A ND FILING THE ANSWERWITHTHE COURT. Dated: June 19, 2024 Rockville Centre, New York C--- Ted Eric May, Esq. Sheldon May & Associates, P.C. Attorneys for Plaintiff & P.O. Address Office 255 Merrick Road Rockville Centre, NewYork 11570 (516) 763-3200 2 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 HELP FORHOMEOWNERS IN FORECLOSURE NEWYORKSTATE LAW REQUIRESTHAT WE SEND YOU THIS PROCESS.PLEASE READIT NOTICE ABOUTTHE FORECLOSURE CAREFULLY. ANDCOMPLAINT SUMMONS YOUARE IN DANGEROF LOSING YOURHOME. IF YOUFAIL TO RESPOND TO THE SUMMONSAND COMPLAINT IN THIS FORECLOSURE ACTION, YOUMAYLOSE YOURHOME. PLEASE READTHESUMMONS ANDCOMPLAINTCAREFULLY. YOUSHOULD IMMEDIATLEY CONTACT AN ATTORNEYORYOURLOCALLEGAL AID OFICE TOOBTAIN ADVICEONHOWTOPROTECTYOURSELF. OFINFORMATIONANDASSISTANCE SOURCES THE STATE ENCOURAGES YOU TO BECOMEINFORMEDABOUT YOUROPTIONSIN FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCEFROMAN ATTORNEY OR LEGAL AID OFFICE, THEREARE GOVERNMENT AGENCIES AND NON-PROFIT ORGANIZATIONSTHAT YOU MAY CONTACTFOR INFORMATIONABOUTPOSSIBLEOPTIONS, INCLUDING TRYINGTO WORK WITHYOURLENDERDURINGTHIS PROCESS. TOLOCATEANENTITY NEARYOU, YOUMAYCALLTHETOLL-FREE HELPLINE MAINTAINEDBY THENEWYORKSTATE DEPARTMENT OF FINANCIAL SERVICES AT 1-800-269-0990 OR VISIT THE DEPARTMENT'S WEBSITEAT www.DFS.NY.GOV RIGHTS ANDOBLIGATIONS YOUARENOTREQUIREDTO LEAVE YOURHOMEAT THIS TIME. YOUHAVE THE RIGHT TO STAY IN YOURHOMEDURING THE FORECLOSUREPROCESS. YOU ARE NOT REQUIREDTO LEAVE YOURHOMEUNLESS AND UNTIL YOURPROPERTYIS SOLD AT 3 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 TOA JUDGMENT AUCTIONPURSUANT OFFORECLOSUREANDSALE. REGARDLESSOF WHETHERYOU CHOOSETO REMAININ YOUR HOME, YOUAREREQUIREDTO TAKE CAREOF YOURPROPERTY ANDPAY PROPERTYTAXES IN ACCORDANCEWITH STATE AND LOCALLAW. RESCUESCAMS FORECLOSURE BE CAREFULOF PEOPLEWHOAPPROACH YOUWITH OFFERSTO "SAVE" YOURHOME.THEREARE INDIVIDUALS WHO WATCHFOR ACTIONS IN ORDERTO UNFAIRLY NOTICES OF FORECLOSURE PROFIT FROMA HOMEOWNER'S DISTRESS. YOU SHOULD BE EXTREMELYCAREFUL ABOUTANY SUCHPROMISESAND ANY SUGGESTIONSTHATYOUPAY THEMA FEE OR SIGN OVERYOUR DEED. STATE LAWREQUIRESANYONEOFFERINGSUCHSERVICES FOR PROFIT TO ENTER INTO A CONTRACTWHICH FULLY DESCRIBESTHE SERVICESTHEYWILL PERFORMANDFEESTHEY WILL CHARGE,ANDWHICHPROHIBITS THEMFROMTAKING ANY MONEYFROMYOU UNTIL THEYHAVE COMPLETEDALL SUCH PROMISEDSERVICES. 4 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Notice to Tenants of Buildings in Foreclosure New York State Law requires that we provide you this notice about the foreclosure process. Please read it carefully. We, U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 are the foreclosing party and are located at c/o Nationstar Mortgage, 8950 Cypress Waters Boulevard, Coppell, Texas 75019. Wecan be reached at 1-888-480-2432. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the nameand address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTSAREPROTECTED UNDERTHERENTREGULATIONSWITH RESPECTTOEVICTION ANDLEASE RENEWALS.THESERIGHTS ARE UNAFFECTEDBY A BUILDING ENTERINGFORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUETO BE AFFORDED THE SAMELEVEL OF PROTECTIONEVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE.EVICTIONS CANONLYOCCUR IN NEWYORKSTATE PURSUANTTOA COURTORDERANDAFTERA FULL HEARINGIN COURT. IF YOUNEEDFURTHER INFORMATION, PLEASECALL THE NEWYORKSTATE DEPARTMENT OF FINANCIAL SERVICES' TOLL- FREE HELPLINE AT 1-877-226-5697 OR VISIT THE DEPARTMENT'S WEBSITEAT WWW.DFS.NY.GOV. 5 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 NOTICETO DEFENDANT DURINGTHE CORONAVIRUSEMERGENCY, YOU MIGHTBE ENTITLEDBY LAWTO TAKEADDITIONAL DAYSORWEEKSTOFILE AN ANSWER TO THIS COMPLAINT. PLEASECONTACTYOURATTORNEYFORMORE INFORMATION. IF YOUDON'T HAVEAN ATTORNEY,PLEASEVISIT http://ww2.nycourts.gov/admin/opp/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 6 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUEUSTEDTENGADERECHOPORLEY A TOMARD0AS O SEMANASADICIONALES PARAPRESENTARUNARESPUESTA A ESTAPETICIÓN PARAMAS A SUABOGADO PORFAVORCONTACTE INFORMACIÓN. SI USTEDNOTIENE UNABOGADO, VISTE http://ww2.nycourts.gov/admin/opp/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml 7 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREMECOURTOFTHE STATEOFNEWYORK COUNTYOFSUFFOLK U.S. Bank Trust National Association, not in its individual Verified Complaint for an Mortgage Action to Foreclose a capacity but solely as owner trustee for Citigroup Loan Trust 2021-RP6 Mortgage Plaintiff, -against- Index Number: Stephanie Scarcella a/k/a Stephanie Marie O'Shaughnessy a/k/a Stephanie O'Shaughnessy a/k/a Stephanie M. O'Shaughnessy, #1" Ford Motor Credit Company LLC and "JOHN DOE #12," tbrough "JOHN DOE the last twelve names being fictitious and unknown to Plaintiff, the person or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. YOUHAVETHERIGHTTOREQUEST THATEACHCOMMUNICATION BE PROVIDEDIN ANALTERNATIVE, REASONABLE A CCOMODATABLE FORMAT. YOUMAYREQUEST THIS NOTICE ANDFURTURECOMMUNICATIONS IN AN ALTERNATIVE, REASONABLE A CCOMMODATABLE TO YOU, SUCH AS LARGE PRINT, BRAILLE, AUDIO COMPACT DISC, OROTHER MEANS. TO REQUEST SUCHALTERNATIVE, PLEASECALL OUR OFFICES AT 516-763-3200. U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 by its attorneys, Sheldon May Associates, & of Defendant(s), respectfully alleges upon information and belief as follows: complaining L Parties A. Upon information and belief, mentioned, the Plaintiff that all times hereinafter was and still is a statutory trust organized and existing under the laws of the State of its incorporation, and is duly authorized to conduct business in the State of NewYork. Ernest Eagler Jr. delivered to GreenPoint Mortgage Funding, Inc. a note (a copy of which is attached hereto) dated May 9, 2003. B. As for the note, Ernest Eagler Jr. Mortgage Electronic delivered to security Systems, Inc. as nominee for GreenPoint Mortgage Funding, Registration Inc. a mortgage (a copy of which is attached hereto) dated May 9, 2003 which was recorded in the Clerk's Office where the property is located on August 4, 2003, in Liber/Reel/Book/Instrument 20462 of Mortgages at Page 575. At the time of recording the Mortgage Tax was paid. Does," have or have some C. All other named defendants and "John may claim to upon said mortgaged premises or some part thereof, which interest in, or lien interest or lien, if any, has accrued subsequent to the lien of the mortgage, or may have accrued prior to said mortgage, but is subject and subordinate thereto to the of said mortgage. lien D. The People of the State of New York, The State Tax Commission, The 8 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Environmental Control Board, The Environmental Fire Control Board, The Industrial Commissioner of the State of NewYork, The Parking Violations Bureau, and all other agencies or instrumentalities of the Federal (the United State of America), State or local government (by whatever name designated) if made parties to this action and if appearing in the caption are made parties solely of the judgment hereinafter set forth and filed as noted in the amount set forth or by virtue of any estate taxes: SEEATTACHED EDGMENT(S)(If Any.) E. Upon information and belief, if applicable, any defendant captioned as a corporation is believed to be a NewYork corporation or licensed to do business in NewYork. F. There was a loan assumption agreement signed by Stephanie Scarcella a/k/a Stephanie Marie O'Shaughnessy a/k/a Stephanie O'Shaughnessy a/k/a Stephanie M. O'Shaughnessy dated March 18, 2020 and recorded in the recorded in the SUFFOLKCounty Clerk's Office on May 6, 2020 in Liber/Reel/Book/Instrument M00023132 of Mortgages at Page 673. IL Standing A. U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6, directly or through an agent, has possession and control of the promissory note. U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 has delegated the authority to institute a foreclosure action to Nationstar Mortgage LLC , as servicer for the Plaintiff, pursuant to a Limited Power of Attorney. The promissory note is either made payable to U.S. Bank Trust National Association, not in capacity but its individual solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 or has been duly endorsed or contains an allonge. U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 is either the original mortgagee or assignee of the security instrument for the subject loan. U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 has the right to foreclose the subject note and security instrument. U.S. Bai6 Trust National Association, not in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6 is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a foreclosure action by such owner and holder of the subject mortgage and note. B. The original mortgage was given to Mortgage Electronic Registration Systems, Inc. as nominee forGreenPoint Mortgage Funding, Inc. on May 9, 2003 which was recorded in the Clerk's Office where the property is located on August 4, 2003, in Liber/Reel/Book/Instrument 20462 of Mortgages at Page 575. Said mortgage was then assigned from Mortgage Electronic Registration Systems, Inc. as nominee for GreenPoint Mortgage Funding, Inc. to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Citigroup Mortgage Loan Trust 2021-RP6, and the Assignment of Mortgage was dated September 21, 2023 and recorded in the Clerk's Office where the property is located on November 9, 2023 in Liber/Reel/Book/Instrument/CRFN 23546 at Page 991 of Mortgages. . C. Said Mortgage was duly recorded in the Clerk's Office / City Register's Office in 9 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 the County where the property is located and any applicable recording tax was duly paid at the time of recording. D. The original Mortgage given on May 9, 2003 and recorded in the Clerk's Office where the property is located on August 4, 2003, in Liber/Reel/Book/Instrument 20462 of Mortgages at Page 575, was modified. (a copy of which is attached hereto). HL Borrower's Non-Payment A. Ernest Eagler Jr. failed to comply with the terms, covenants and conditions of the said Note by defaulting in the payment of the monthly installment due on September 1, 2022, and each subsequent month thereafter, all of which have been unpaid for more than thirty (30) days and remain unpaid. B. Plaintiff and/or their servicing agent sent a default letter in accordance with paragraph 22 of the mortgage that is the subject of the within action. C. Plaintiff and/or their servicing agent sent out a 90 day default notice to the borrower in full compliance with the requirements of RPAPLSection 1304. D. The following amounts are now due and owing on said mortgage and the said instrument secured by said mortgage, no part of any of which has been paid although duly demanded: The Principal Balance in the amount of $117,737.51 with interest from August 1, 2022 at the current interest rate of 6.375%, along with all other fees and costs permitted by the note and mortgage and a deferred principal balance of $0.00. payment of the monthly installment of principal and E. By reason of the default in the interest, among other things, as hereinafter set forth, Plaintiff, the holder of the aforementioned note and mortgage, and/or their agents have elected to and hereby accelerate the mortgage and declare the entire mortgage indebtedness immediately due and payable. F. The mortgage provides for the payment of counsel fees incurred by the Plaintiff in any action to foreclose the mortgage. The Plaintiff has incurred and will incur counsel fees until the termination of the foreclosure action. IV. Compliance with State Law A. Upon information and belief, if applicable, Plaintiff has complied with all of the provisions of section §9-X, five hundred ninety-five-a of the banking law and any rules and regulations promulgated hereunder, section six-1 or six-m of the banking law, for loans governed by those provisions and section thirteen hundred four. Upon information and belief, if applicable, the Plaintiff and/or their agents has/have complied with RPAPL§§1304 and 1306 as well as all other applicable sections of the CPLRand RPAPL. If applicable, the foreclosing party has complied with the requirements set forth in the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. To the best of our knowledge at the time of filing, the foreclosing party has not received a hardship declaration from the mortgagor. V. Note and Mortgage Provisions A. In the event that Plaintiff any other lien(s) against said mortgaged possesses 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 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 10 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 proceeding(s), including, without any surplus money proceedings. limitation, B. Plaintiff shall not be deemed to have waived, altered, released, or changed the election hereinbefore made, by reason of any payment after the commencement of this action, of any or all of the defaults mentioned herein, and such election shall continue and remain effective. C. Plaintiff believes that during the pendency of this action, in order to protect the security of the within mortgage, it may be compelled to make advances for the following item(s), including but not limited to, taxes, assessments, water, prior liens and insurance premiums that are or may become due, plus interest, as provided for in the mortgage. VL Subject To Provisions A. Plaintiff requests that in the event that this action will proceed to judgment of foreclosure and sale, said premises should be sold subject to the following: (1) Any state of facts an accurate survey or personal inspection would disclose. (2) Covenants, restrictions, easements, declarations, rights of way, agreements and reservations, if any, of record and to any and all violations thereof. (3) Any and all building and zoning regulations, restrictions, ordinances and amendments thereto of the municipality, the State, the Federal Government, or any agency, bureau, commission or department in which said premises are situated, and to any violations or notices of violations of the same, including, but not limited to, reapportionment of and vault charges, if any. (4) The rights of tenants, if any, whose tenancy lot lines, has not been foreclosed by this action. (5) The rights of any lienors or prior mortgagees of record whose liens have not been foreclosed herein, if any. (6) The right of the United States of America to re-deem if a federal tax lien is filed against the premises as of the date of sale hereunder. (7) The physical condition of any buildings or structures on the premises as of the date of sale hereunder. (8) Conditional bills of sale, if any. (9) Any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and violations of the same. (10) Rights of any Defendant(s) pursuant to CPLRsection 3 17, CPLR Section 2003 and CPLR Section 5015, if any; (11) 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. (12) Outstanding condominium charges, if any. (13) The rights of holders of security in fixtures as defined by the Uniform Commercial Code. (14) Taxes, assessments and water rates which are liens on the premises at the time of sale, with accrued interest or penalties thereon. (15) Prior mortgage liens of record, if any, and any advances and arrears there under. VIL Miscellaneous Provisions A. Upon information and belief, no other action or proceeding is now pending at law or otherwise for the foreclosure of said mortgage based upon this default or for recovery of the said sum secured by said note and mortgage or any part thereof. WHEREFORE, the Plaintiff demands judgment: Adjudging and decreeing the amounts due (1) the Plaintiff for principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney's fees if provided for in the mortgage and any monies advanced and paid which are secured by the mortgage. (2) The Defendant(s) and any and all persons 11 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 claiming by, through or under them and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgage premises. (3) The said mortgage premises, or such part thereof as may be necessary to raise the amounts due as aforesaid, be decreed to be sold according to law subject to the provisions of this complaint. (4) That out of the monies arising from the sale of the mortgaged property, the Plaintiff may be paid the amounts due on said note and mortgage, plus those items referenced in the complaint, together with any sums expended, with interest as allowed by law upon any advances from the dates of the respective payments, so far as the amount of such money properly applicable will pay the same. (5) That any of the parties to this action may become a purchaser upon the sale of the mortgaged premises. (6) The court, if requested, appoint a receiver of the rents and profits of said premises with the usual powers and duties. (7) The original Obligor(s) in this complaint and any subsequent Obligor(s) so named in this action, may be adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy petition, waived by the plaintiff, or unless the Plaintiff is unable to produce a copy of the note, in which case no deficiency judgment will be sought. (8) In the event Plaintiff possesses any other liens against the premises, they shall not be merged. Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of the subject premises by virtue of its position as a judgment or other lien creditor, excluding the mortgage being foreclosed herein. (9) The Plaintiff have such relief as requested in the complaint. (10) The Plaintiff may have such other and further relief as may be just, equitable and proper. (11) That the Defendants and every person or entity claiming under them be forever barred from all claims to an estate or interest in the property described in this Complaint to the extent that any such claim may be asserted to be superior to Plaintiffs earlier mortgage hereinbefore set forth. (12) If there is a mobile home, the mobile home shall be decreed to be sold along with the real property and (13) any and all provision in paragraph VII entitled Miscellaneous Provisions. Sheldon May AAss0 iates;RC. Hy Ted Eric May, Esq. 255 Merrick Road Rockville Centre, NewYork 11570 (516) 763 - 3200 12 of 13 FILED: SUFFOLK COUNTY CLERK 07/02/2024 10:04 AM INDEX NO. 616012/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Verification State of NewYork, County of Nassau ) ss: Ted Eric May, the undersigned, an attorney duly admitted to practice before the Courts of this State, respectfully shows: That he is a member of the law firm of Sheldon May & Associates, P.C., and the attorneys of record for the Plaintiff in the above entitled action. That he has read the foregoing Verified Complaint and knows the contents thereof, and the same is true to affiants own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters believes them to be true. The grounds of affiants belief as to all matters not stated upon affiants knowledge are based upon the records of Plaintiff in affiants possession or the business records of Plaintiff and/or their servicer/agent. The reason that this verification is made by the undersigned and not by the Plaintiff is because Plaintiff is domiciled outside Nassau County; that being the County in which your affiant maintains an office for the practice of law. The undersigned affirms that the foregoing statements are true under penalty of perjury. Dated: June 19, 2024 Rockville Centre, NewYork Ted EridlWay, Esq. 13 of 13