Preview
FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
CARRINGTON MORTGAGE SERVICES, LLC, INDEX NO.:
Plaintiff, SUMMONS
-against-
Plaintiff Designates QUEENS
CLEVELAND CAREW; SECRETARY OF County as the Place of Trial
HOUSING AND URBAN DEVELOPMENT;
PARKING VIOLATIONS BUREAU and “JOHN Premises:
DOE 1” through “JOHN DOE 12”, said names being 115-24 199th Street
fictitious, parties intended being possible tenants or Saint Albans, NY 11412
occupants of premises, or corporations, other entities
Venue is based upon the county
or persons who claim, or may claim, a lien against the
in which the premises are
premises,
situated
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(s) 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); the United States of America may
appear or answer within 60 day of service hereof; 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 your Mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY
FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH
THE COURT.
DATED: July 1, 2024
New York, New York
/s/ Michae I F. Medved
___________________________________
Michael Medved, Esq.
HILL WALLACK LLP
Attorneys for Plaintiff
261 Madison Avenue
9th Floor, Suite 940-941
New York, NY 10016
Phone: 929-594-2224
Email: mmedved@hillwallack.com
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FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024
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HELPFORHOMEOWNERS
IN FORECLOSURE
NewYork State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
SUMMONS
ANDCOMPLAINT
You are danger of losing your home. If you fail to respond to the summons
in
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.
SOURCESOFINFORMATIONANDASSISTANCE
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 an entity near you, you may call the toll-free
Iocate helpline maintained by
the New York State Department of Financial Services at 1-800-342-3736 or visit the
Department's website at http://www.dfs.ny.gov.
RIGHTSANDOBLIGATIONS
YOUARENOTREQUIREDTOLEAVEYOURHOMEAT THIS TIME.
You have to stay in your home during the foreclosure
the right 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, YOUAREREQUIREDTOTAKECAREOF YOUR
PROPERTYand pay property taxes in accordance with state and local law.
FORECLOSURE
RESCUESCAMS
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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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
CARRINGTON MORTGAGE SERVICES, LLC, INDEX NO.:
Plaintiff, COMPLAINT
-against-
Premises:
CLEVELAND CAREW; SECRETARY OF 115-24 199th Street
HOUSING AND URBAN DEVELOPMENT; Saint Albans, NY 11412
PARKING VIOLATIONS BUREAU and “JOHN
DOE 1” through “JOHN DOE 12”, said names being
fictitious, parties intended being possible tenants or
occupants of premises, or corporations, other entities
or persons who claim, or may claim, a lien against the
premises,
Defendants.
Plaintiff, by its attorneys, HILL WALLACK LLP, complaining of the Defendants,
alleges upon information and belief as follows:
1. That the Plaintiff herein is, and at all times hereinafter mentioned was, and still is a
Delaware limited liability company registered as a foreign business in the State of New York, New
York County.
2. On or about February 9, 2012, Cleveland Carew executed and delivered to Continental
Home Loans Inc., a New York Corporation, a certain Note (“Note”), whereby Cleveland Carew
covenanted and agreed to pay the sum of $341,127.00, with interest on the unpaid balance thereof,
with the initial rate being 4 percent per annum beginning April 1, 2012 and monthly thereafter
until said Note is fully paid, except that the final payment of principal and interest remaining due,
if not sooner paid shall become due and payable on March 1, 2042. A true and correct copy of the
Note is attached hereto as Exhibit “A”.
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3. As collateral security for the payment of said indebtedness, defendant(s) Cleveland
Carew executed, acknowledged and delivered to Mortgage Electronic Registration Systems, Inc.
as nominee for Continental Home Loans Inc., a New York Corporation a Mortgage (“Mortgage”)
dated February 9, 2012 in the amount of $341,127.00 and recorded on June 4, 2012 in CRFN:
2012000215552, in the Office of the Clerk of QUEENS County, New York on a certain real
property known as 115-24 199th Street, Saint Albans, NY 11412 the “Premises”. A true and correct
copy of the Mortgage is attached hereto as Exhibit “B”.
Said Mortgage premises being known as and by street address:
115-24 199th Street, Saint Albans, NY 11412
Section: 48
Block: 11039
Lot: 57
Said Premises are more fully described in Schedule “A”, annexed hereto and made a part
hereof.
4. Said Mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., AS NOMINEE FOR CONTINENTAL HOME LOANS INC. to JPMORGAN
CHASE BANK, NATIONAL ASSOCIATION by assignment recorded on October 5, 2015 in
CRFN: 2015000356010 in the QUEENS County Clerk’s Office.
5. Said Mortgage was assigned from JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION to WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF
STANWICH MORTGAGE LOAN TRUST F by assignment recorded on January 23, 2020 in
CRFN: 2020000027171 in the QUEENS County Clerk’s Office.
6. The above Note/Mortgage loan was modified in writing by a Loan Modification
Agreement on or about August 20, 2021, between Cleveland Carew and Wilmington Savings Fund
Society, FSB, as trustee of Stanwich Mortgage Loan Trust F, by Carrington Mortgage Services,
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LLC as servicer and attorney in fact, the principal balance was modified to the amount of
$389,983.66 effective September 1, 2021. The Loan Modification was recorded on October 18,
2021 in CRFN: 2021000409913 in the QUEENS County Clerk’s Office. A true and correct copy
of the Loan Modification is attached hereto as Exhibit “D”.
7. Said Mortgage was assigned from WILMINGTON SAVINGS FUND SOCIETY, FSB,
AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F to CARRINGTON
MORTGAGE SERVICES, LLC by assignment recorded on January 31, 2022 in CRFN:
2022000044284 in the QUEENS County Clerk’s Office. The Assignments are annexed hereto
collectively as Exhibit “C”.
8. Plaintiff (a) is the holder of the subject Note and Mortgage, or has been delegated the
authority to institute a Mortgage foreclosure action by the holder of the subject Note and Mortgage;
and (b) has complied with all the provisions of section five hundred ninety-five-a of the Banking
Law and any rules and regulations promulgated thereunder, section six-L or six-M of the Banking
Law, and (c) is in compliance with sending the ninety (90) day notice as required by RPAPL §
1304 and is in compliance with RPAPL § 1306, if applicable.
9. Said premises are subject to covenants, restrictions, easements of record, prior
Mortgages and liens, and amendments thereto, if any; to any state of facts and accurate survey may
show; railroad consents and sewer agreements, and to utility agreements, municipal and
governmental zoning, rules, regulations and ordinances, if any.
10. That the Mortgagors, their successors, assigns and/or transferees, have failed to comply
with the terms and conditions of said above named instrument(s) by failing or omitting to pay the
installment which became due and payable as of February 1, 2024 and also by failing or omitting
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to pay the installment which became due and payable each and every month thereafter to the date
hereof, although duly demanded.
11. Plaintiff notified the Mortgagor(s) of the default under the terms of the Note and
Mortgage however, the Mortgagor failed to remedy the default.
12. Pursuant to the terms of the Note and Mortgage, the Plaintiff has elected and does
hereby elect to declare the entire principal balance to be due and owing.
13. By reason of the foregoing, there is now due and owing from the Mortgagor(s) to
Plaintiff the principal sum of $368,422.62 plus interest and late charges.
14. 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 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 defaulted payments under the
aforesaid Note and Mortgage occurring prior to the discontinuance of this action are fully paid.
15. That in order to protect its security, the Plaintiff may be compelled during the pendency
of this action to pay taxes, assessments, water, sewer charges, insurance premiums, and other
charges for the protection of the premises, and the Plaintiff requests that any sums so paid by it
shall be added to the sum otherwise due herein and be deemed secured by said Mortgage and
adjudged a valid lien on the premises described herein.
16. That each of the Defendant(s), including but not limited to the aforementioned
Defendant(s), have or claim to have some interest in, or lien upon, the said Mortgaged premises or
some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the
Plaintiff’s Mortgage.
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17. That the defendants “JOHN DOE 1” through “JOHN DOE 12”, said names being
fictitious, parties intended being possible tenants or occupants of premises, or corporations, other
entities or persons who claim, or may claim, a lien against the premises.
18. That if the Premises consist of more than one parcel, Plaintiff respectfully requests that
the judgment of foreclosure provide for the premises to be sold as one parcel.
19. There are no other pending proceedings at law or otherwise to collect or enforce said
Note and Mortgage.
20. SECRETARY OF HOUSING AND URBAN DEVELOPMENT is named as a
defendant as it may hold a possible lien against the mortgaged premises as set forth in Exhibit
“E” hereto.
21. PARKING VIOLATIONS BUREAU is named as a defendant as it may hold a possible
lien against the mortgaged premises as set forth in Exhibit “E” hereto.
WHEREFORE, Plaintiff demands judgment against the Defendants as follows:
A. That the Defendant(s) and all persons claiming under them, or any of them,
subsequent to the filing of the Notice of Pendency of this action and the recording of the Mortgage
in the Office of the Clerk of QUEENS County, the county in which said Mortgaged premises are
located, and every person whose conveyance or encumbrance is subsequent or subsequently
recorded or subordinate, be forever barred or foreclosed of any and all right, title, claim, lien and
equity of redemption of the said Mortgaged premises and each and every part thereof;
B. that the amount due to Plaintiff on its Note and Mortgage may be adjudged;
C. that the premises be sold according to law;
D. that the monies received from the sale may be brought into Court;
E. that Plaintiff be paid the amount adjudged to be due it with interest thereon to the
time of such payment, together with the costs and disbursements of this action, together with
Plaintiff’s attorneys’ fees, late charges, escrow advances and the expenses of said sale to the extent
that the amount of such monies applicable thereto will pay the same;
F. that this Court, if requested, forthwith appoints a Receiver of the rents and profits
of said premises and the usual powers and duties;
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G. unless the Defendant(s), Cleveland Carew, has been discharged by the United
States Bankruptcy Court for the underlying indebtedness owed to Plaintiff, that the Defendant, be
adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid
in accordance with the law made and provided that Plaintiff have execution therefore;
H. Plaintiff specifically reserves its rights to share in any surplus monies arising from
the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding
the Mortgage being foreclosed herein.
I. that the Plaintiff have such other and further relief as may be just and equitable
together with the costs, allowances and disbursements of this action.
DATED: July 1, 2024
New York, New York
/s/ Michael F. Medved
___________________________________
Michael Medved, Esq.
HILL WALLACK LLP
Attorneys for Plaintiff
261 Madison Avenue
9th Floor, Suite 940-941
New York, NY 10018
Phone: 929-594-2224
Email: mmedved@hillwallack.com
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INDEX #:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
CARRINGTON MORTGAGE SERVICES, LLC,
Plaintiff,
-against-
CLEVELAND CAREW; SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
PARKING VIOLATIONS BUREAU and “JOHN DOE 1” through “JOHN DOE 12”, said names
being fictitious, parties intended being possible tenants or occupants of premises, or corporations,
other entities or persons who claim, or may claim, a lien against the premises,
Defendants
SUMMONS AND COMPLAINT
HILL WALLACK LLP
Attorneys for Plaintiff
261 Madison Avenue
9th Floor, Suite 940-941
New York, NY 10016
Phone: 929-594-2224
File: 17511-5544
Signature (Rule 130-1.1a)
Michael Medved, Esq.
Attorneys for: Plaintiff
HILL WALLACK LLP
Attorneys for Plaintiff
261 Madison Avenue
9th Floor, Suite 940-941
New York, NY 10016
Phone: 929-594-2224
Email: mmedved@hillwallack.com
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Preview
FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS CARRINGTON MORTGAGE SERVICES, LLC, INDEX NO.: Plaintiff, SUMMONS -against- Plaintiff Designates QUEENS CLEVELAND CAREW; SECRETARY OF County as the Place of Trial HOUSING AND URBAN DEVELOPMENT; PARKING VIOLATIONS BUREAU and “JOHN Premises: DOE 1” through “JOHN DOE 12”, said names being 115-24 199th Street fictitious, parties intended being possible tenants or Saint Albans, NY 11412 occupants of premises, or corporations, other entities Venue is based upon the county or persons who claim, or may claim, a lien against the in which the premises are premises, situated 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(s) 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); the United States of America may appear or answer within 60 day of service hereof; 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. 4863-4246-0877, v. 1 1 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 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 your Mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DATED: July 1, 2024 New York, New York /s/ Michae I F. Medved ___________________________________ Michael Medved, Esq. HILL WALLACK LLP Attorneys for Plaintiff 261 Madison Avenue 9th Floor, Suite 940-941 New York, NY 10016 Phone: 929-594-2224 Email: mmedved@hillwallack.com 4863-4246-0877, v. 1 2 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 HELPFORHOMEOWNERS IN FORECLOSURE NewYork State Law requires that we send you this notice about the foreclosure process. Please read it carefully. SUMMONS ANDCOMPLAINT You are danger of losing your home. If you fail to respond to the summons in 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. SOURCESOFINFORMATIONANDASSISTANCE 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 an entity near you, you may call the toll-free Iocate helpline maintained by the New York State Department of Financial Services at 1-800-342-3736 or visit the Department's website at http://www.dfs.ny.gov. RIGHTSANDOBLIGATIONS YOUARENOTREQUIREDTOLEAVEYOURHOMEAT THIS TIME. You have to stay in your home during the foreclosure the right 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, YOUAREREQUIREDTOTAKECAREOF YOUR PROPERTYand pay property taxes in accordance with state and local law. FORECLOSURE RESCUESCAMS 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. 3 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS CARRINGTON MORTGAGE SERVICES, LLC, INDEX NO.: Plaintiff, COMPLAINT -against- Premises: CLEVELAND CAREW; SECRETARY OF 115-24 199th Street HOUSING AND URBAN DEVELOPMENT; Saint Albans, NY 11412 PARKING VIOLATIONS BUREAU and “JOHN DOE 1” through “JOHN DOE 12”, said names being fictitious, parties intended being possible tenants or occupants of premises, or corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants. Plaintiff, by its attorneys, HILL WALLACK LLP, complaining of the Defendants, alleges upon information and belief as follows: 1. That the Plaintiff herein is, and at all times hereinafter mentioned was, and still is a Delaware limited liability company registered as a foreign business in the State of New York, New York County. 2. On or about February 9, 2012, Cleveland Carew executed and delivered to Continental Home Loans Inc., a New York Corporation, a certain Note (“Note”), whereby Cleveland Carew covenanted and agreed to pay the sum of $341,127.00, with interest on the unpaid balance thereof, with the initial rate being 4 percent per annum beginning April 1, 2012 and monthly thereafter until said Note is fully paid, except that the final payment of principal and interest remaining due, if not sooner paid shall become due and payable on March 1, 2042. A true and correct copy of the Note is attached hereto as Exhibit “A”. 4863-4246-0877, v. 1 4 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 3. As collateral security for the payment of said indebtedness, defendant(s) Cleveland Carew executed, acknowledged and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Continental Home Loans Inc., a New York Corporation a Mortgage (“Mortgage”) dated February 9, 2012 in the amount of $341,127.00 and recorded on June 4, 2012 in CRFN: 2012000215552, in the Office of the Clerk of QUEENS County, New York on a certain real property known as 115-24 199th Street, Saint Albans, NY 11412 the “Premises”. A true and correct copy of the Mortgage is attached hereto as Exhibit “B”. Said Mortgage premises being known as and by street address: 115-24 199th Street, Saint Albans, NY 11412 Section: 48 Block: 11039 Lot: 57 Said Premises are more fully described in Schedule “A”, annexed hereto and made a part hereof. 4. Said Mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CONTINENTAL HOME LOANS INC. to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION by assignment recorded on October 5, 2015 in CRFN: 2015000356010 in the QUEENS County Clerk’s Office. 5. Said Mortgage was assigned from JPMORGAN CHASE BANK, NATIONAL ASSOCIATION to WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F by assignment recorded on January 23, 2020 in CRFN: 2020000027171 in the QUEENS County Clerk’s Office. 6. The above Note/Mortgage loan was modified in writing by a Loan Modification Agreement on or about August 20, 2021, between Cleveland Carew and Wilmington Savings Fund Society, FSB, as trustee of Stanwich Mortgage Loan Trust F, by Carrington Mortgage Services, 4863-4246-0877, v. 1 5 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 LLC as servicer and attorney in fact, the principal balance was modified to the amount of $389,983.66 effective September 1, 2021. The Loan Modification was recorded on October 18, 2021 in CRFN: 2021000409913 in the QUEENS County Clerk’s Office. A true and correct copy of the Loan Modification is attached hereto as Exhibit “D”. 7. Said Mortgage was assigned from WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F to CARRINGTON MORTGAGE SERVICES, LLC by assignment recorded on January 31, 2022 in CRFN: 2022000044284 in the QUEENS County Clerk’s Office. The Assignments are annexed hereto collectively as Exhibit “C”. 8. Plaintiff (a) is the holder of the subject Note and Mortgage, or has been delegated the authority to institute a Mortgage foreclosure action by the holder of the subject Note and Mortgage; and (b) has complied with all the provisions of section five hundred ninety-five-a of the Banking Law and any rules and regulations promulgated thereunder, section six-L or six-M of the Banking Law, and (c) is in compliance with sending the ninety (90) day notice as required by RPAPL § 1304 and is in compliance with RPAPL § 1306, if applicable. 9. Said premises are subject to covenants, restrictions, easements of record, prior Mortgages and liens, and amendments thereto, if any; to any state of facts and accurate survey may show; railroad consents and sewer agreements, and to utility agreements, municipal and governmental zoning, rules, regulations and ordinances, if any. 10. That the Mortgagors, their successors, assigns and/or transferees, have failed to comply with the terms and conditions of said above named instrument(s) by failing or omitting to pay the installment which became due and payable as of February 1, 2024 and also by failing or omitting 4863-4246-0877, v. 1 6 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 to pay the installment which became due and payable each and every month thereafter to the date hereof, although duly demanded. 11. Plaintiff notified the Mortgagor(s) of the default under the terms of the Note and Mortgage however, the Mortgagor failed to remedy the default. 12. Pursuant to the terms of the Note and Mortgage, the Plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 13. By reason of the foregoing, there is now due and owing from the Mortgagor(s) to Plaintiff the principal sum of $368,422.62 plus interest and late charges. 14. 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 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 defaulted payments under the aforesaid Note and Mortgage occurring prior to the discontinuance of this action are fully paid. 15. That in order to protect its security, the Plaintiff may be compelled during the pendency of this action to pay taxes, assessments, water, sewer charges, insurance premiums, and other charges for the protection of the premises, and the Plaintiff requests that any sums so paid by it shall be added to the sum otherwise due herein and be deemed secured by said Mortgage and adjudged a valid lien on the premises described herein. 16. That each of the Defendant(s), including but not limited to the aforementioned Defendant(s), have or claim to have some interest in, or lien upon, the said Mortgaged premises or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the Plaintiff’s Mortgage. 4863-4246-0877, v. 1 7 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 17. That the defendants “JOHN DOE 1” through “JOHN DOE 12”, said names being fictitious, parties intended being possible tenants or occupants of premises, or corporations, other entities or persons who claim, or may claim, a lien against the premises. 18. That if the Premises consist of more than one parcel, Plaintiff respectfully requests that the judgment of foreclosure provide for the premises to be sold as one parcel. 19. There are no other pending proceedings at law or otherwise to collect or enforce said Note and Mortgage. 20. SECRETARY OF HOUSING AND URBAN DEVELOPMENT is named as a defendant as it may hold a possible lien against the mortgaged premises as set forth in Exhibit “E” hereto. 21. PARKING VIOLATIONS BUREAU is named as a defendant as it may hold a possible lien against the mortgaged premises as set forth in Exhibit “E” hereto. WHEREFORE, Plaintiff demands judgment against the Defendants as follows: A. That the Defendant(s) and all persons claiming under them, or any of them, subsequent to the filing of the Notice of Pendency of this action and the recording of the Mortgage in the Office of the Clerk of QUEENS County, the county in which said Mortgaged premises are located, and every person whose conveyance or encumbrance is subsequent or subsequently recorded or subordinate, be forever barred or foreclosed of any and all right, title, claim, lien and equity of redemption of the said Mortgaged premises and each and every part thereof; B. that the amount due to Plaintiff on its Note and Mortgage may be adjudged; C. that the premises be sold according to law; D. that the monies received from the sale may be brought into Court; E. that Plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with the costs and disbursements of this action, together with Plaintiff’s attorneys’ fees, late charges, escrow advances and the expenses of said sale to the extent that the amount of such monies applicable thereto will pay the same; F. that this Court, if requested, forthwith appoints a Receiver of the rents and profits of said premises and the usual powers and duties; 4863-4246-0877, v. 1 8 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 G. unless the Defendant(s), Cleveland Carew, has been discharged by the United States Bankruptcy Court for the underlying indebtedness owed to Plaintiff, that the Defendant, be adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in accordance with the law made and provided that Plaintiff have execution therefore; H. Plaintiff specifically reserves its rights to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the Mortgage being foreclosed herein. I. that the Plaintiff have such other and further relief as may be just and equitable together with the costs, allowances and disbursements of this action. DATED: July 1, 2024 New York, New York /s/ Michael F. Medved ___________________________________ Michael Medved, Esq. HILL WALLACK LLP Attorneys for Plaintiff 261 Madison Avenue 9th Floor, Suite 940-941 New York, NY 10018 Phone: 929-594-2224 Email: mmedved@hillwallack.com 4863-4246-0877, v. 1 9 of 10 FILED: QUEENS COUNTY CLERK 07/02/2024 10:12 AM INDEX NO. 713751/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 INDEX #: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS CARRINGTON MORTGAGE SERVICES, LLC, Plaintiff, -against- CLEVELAND CAREW; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; PARKING VIOLATIONS BUREAU and “JOHN DOE 1” through “JOHN DOE 12”, said names being fictitious, parties intended being possible tenants or occupants of premises, or corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants SUMMONS AND COMPLAINT HILL WALLACK LLP Attorneys for Plaintiff 261 Madison Avenue 9th Floor, Suite 940-941 New York, NY 10016 Phone: 929-594-2224 File: 17511-5544 Signature (Rule 130-1.1a) Michael Medved, Esq. Attorneys for: Plaintiff HILL WALLACK LLP Attorneys for Plaintiff 261 Madison Avenue 9th Floor, Suite 940-941 New York, NY 10016 Phone: 929-594-2224 Email: mmedved@hillwallack.com 4863-4246-0877, v. 1 10 of 10