Preview
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF STEUBEN
----------------------------------------------------------------X
U.S. BANK TRUST COMPANY, NATIONAL INDEX NO.:
ASSOCIATION, AS TRUSTEE, AS SUCCESSOR- DATE FILED:
IN-INTEREST TO U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE, SUCCESSOR IN SUMMONS
INTEREST TO WACHOVIA BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR AEGIS Plaintiff designates Steuben County as
ASSET BACKED SECURITIES TRUST, the Place of Trial
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-5 , Designation of Venue is based upon
the situs of the Subject Property
Plaintiff,
Subject Property:
-against- 15 West Avenue
Atlanta a/k/a Cohocton, New York 14808
REBECCA REISMAN AS HEIR AT LAW AND
NEXT OF KIN TO FERDINAND L. REISMAN JR.
A/K/A FERDINAND REISMAN;
JOHN DOE AND JANE DOE 1 THROUGH 50,
INTENDING TO BE THE UNKNOWN HEIRS,
DISTRIBUTEES, DEVISEES, GRANTEES,
TRUSTEES, LIENORS, CREDITORS, AND
ASSIGNEES OF THE ESTATE OF FERDINAND
L. REISMAN JR. A/K/A FERDINAND REISMAN,
WHO WAS BORN IN 1954 AND DIED ON
DECEMBER 8, 2021, A RESIDENT OF STEUBEN
COUNTY, WHOSE LAST KNOWN ADDRESS
WAS 15 WEST AVENUE, ATLANTA A/K/A
COHOCTON, NEW YORK 14808, THEIR
SUCCESSORS IN INTEREST IF ANY OF THE
AFORESAID DEFENDANTS BE DECEASED,
THEIR RESPECTIVE HEIRS AT LAW, NEXT OF
KIN, AND SUCCESSORS IN INTEREST OF THE
AFORESAID CLASSES OF PERSON, IF THEY
OR ANY OF THEM BE DEAD, AND THEIR
RESPECTIVE HUSBANDS, WIVES OR
WIDOWS, IF ANY, ALL OF WHOM AND
WHOSE NAMES AND PLACES, ARE
UNKNOWN TO PLAINTIFF;
SPRINGCASTLE CREDIT FUNDING TRUST,
THROUGH ITS TRUSTEE WILMINGTON
TRUST, NATIONAL ASSOCIATION;
STEUBEN CHURCHPEOPLE AGAINST
POVERTY, INC. D/B/A ARBOR HOUSING &
1 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
DEVELOPMENT;
UNITED STATES OF AMERICA O/B/O
INTERNAL REVENUE SERVICE;
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE;
“JOHN DOE #1” through “JOHN DOE #12,” the
last twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
Subject Property described in the Complaint,
Defendants.
----------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
Summons is not personally delivered to you within the State of New York) in the event the
United States of America is made a party defendant, the time to answer for the said United States
of America shall not expire until sixty (60) days after service of the Summons; and in case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the Complaint.
2 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the
answer on the attorney for the mortgage company who filed this foreclosure proceeding
against you and filing the answer with the court, a default judgment may be entered and
you can lose your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to the mortgage company will not stop the foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO U.S. BANK
NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR AEGIS ASSET
BACKED SECURITIES TRUST, MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-5 ) AND FILING THE ANSWER WITH THE COURT.
McCABE, WEISBERG & CONWAY, LLC
Dated: June 7, 2024 By:
Melville, NY MELISSA S. DICERBO, ESQ.
Attorneys for Plaintiff
One Huntington Quadrangle, Suite 4N25
Melville, NY 11747
(631) 812-4084
(855) 845-2584 facsimile
File # 22-301285
3 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
TO:
Rebecca Reisman as heir at law and next of kin to Ferdinand L. Reisman Jr. a/k/a Ferdinand
Reisman
58 Hillview Village
Hinsdale, New York 14743
John Doe and Jane Doe 1 through 50, intending to be the Unknown heirs, distributees, devisees,
grantees, trustees, lienors, creditors, and assignees of the Estate of Ferdinand L. Reisman Jr. a/k/a
Ferdinand Reisman, who was born in 1954 and died on December 8, 2021, a resident of Steuben
County, whose last known address was 15 West Avenue, Atlanta a/k/a Cohocton, New York
14808, their successors in interest if any of the aforesaid defendants be deceased, their respective
heirs at law, next of kin, and successors in interest of the aforesaid classes of person, if they or
any of them be dead, and their respective husbands, wives or widows, if any, all of whom and
whose names and places, are unknown to Plaintiff
PUBLISH
New York State Department of Taxation and Finance
W.A. Harriman Campus
Building 9
Albany, New York 12227
Springcastle Credit Funding Trust, through its Trustee Wilmington Trust, National Association
Secretary of State
Steuben Churchpeople Against Poverty, Inc. d/b/a Arbor Housing & Development
16 W. William Street
Bath, New York 14810
United States of America o/b/o Internal Revenue Service
"JOHN DOE NO. 1" through "JOHN DOE NO. 12"
15 West Avenue
Atlanta a/k/a Cohocton, New York 14808
4 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
----------------------------------------------------------------X
U.S. BANK TRUST COMPANY, NATIONAL INDEX NO.:
ASSOCIATION, AS TRUSTEE, AS SUCCESSOR- DATE FILED:
IN-INTEREST TO U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE, SUCCESSOR IN COMPLAINT
INTEREST TO WACHOVIA BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR AEGIS ASSET
BACKED SECURITIES TRUST, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2004-5
,
Plaintiff,
-against-
REBECCA REISMAN AS HEIR AT LAW AND
NEXT OF KIN TO FERDINAND L. REISMAN JR.
A/K/A FERDINAND REISMAN;
JOHN DOE AND JANE DOE 1 THROUGH 50,
INTENDING TO BE THE UNKNOWN HEIRS,
DISTRIBUTEES, DEVISEES, GRANTEES,
TRUSTEES, LIENORS, CREDITORS, AND
ASSIGNEES OF THE ESTATE OF FERDINAND L.
REISMAN JR. A/K/A FERDINAND REISMAN,
WHO WAS BORN IN 1954 AND DIED ON
DECEMBER 8, 2021, A RESIDENT OF STEUBEN
COUNTY, WHOSE LAST KNOWN ADDRESS
WAS 15 WEST AVENUE, ATLANTA A/K/A
COHOCTON, NEW YORK 14808, THEIR
SUCCESSORS IN INTEREST IF ANY OF THE
AFORESAID DEFENDANTS BE DECEASED,
THEIR RESPECTIVE HEIRS AT LAW, NEXT OF
KIN, AND SUCCESSORS IN INTEREST OF THE
AFORESAID CLASSES OF PERSON, IF THEY OR
ANY OF THEM BE DEAD, AND THEIR
RESPECTIVE HUSBANDS, WIVES OR WIDOWS,
IF ANY, ALL OF WHOM AND WHOSE NAMES
AND PLACES, ARE UNKNOWN TO PLAINTIFF;
SPRINGCASTLE CREDIT FUNDING TRUST,
THROUGH ITS TRUSTEE WILMINGTON TRUST,
NATIONAL ASSOCIATION;
STEUBEN CHURCHPEOPLE AGAINST
POVERTY, INC. D/B/A ARBOR HOUSING &
DEVELOPMENT;
5 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
UNITED STATES OF AMERICA O/B/O
INTERNAL REVENUE SERVICE;
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE;
“JOHN DOE #1” through “JOHN DOE #12,” the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
Subject Property described in the Complaint,
Defendants.
----------------------------------------------------------------X
The Complaint of the above-referenced Plaintiff, by its attorneys, McCabe, Weisberg &
Conway, LLC, complains and alleges upon information and belief as follows:
NATURE OF THIS ACTION
1. This action is brought and pursuant to Article 13 of the Real Property and
Proceedings Law for foreclosure of the mortgage dated August 26, 2004 and recorded on
September 2, 2004, at Book 2318 Page 326 in the Public Records of the County of Steuben, State
of New York (hereinafter referred to as the “Subject Mortgage”). The Mortgage Tax was duly
paid.
2. The premises which forms the subject of this action is fully described in Schedule
“A” attached hereto.
PARTIES
3. At all times hereinafter mentioned, Plaintiff was and remains, organized and
existing under the laws of the United States of America or of the State of its formation.
4. Upon information and belief, Defendant(s) Ferdinand L. Reisman Jr., at all
relevant times, maintain a residence within the State of New York and are the mortgagors
pursuant to the Subject Mortgage. The description and interest of the above-referenced
6 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
Defendant(s) is more fully set forth in Exhibit “B”, respectively. See RPAPL §§§ 1311, 1312,
and 1313.
5. Upon information and belief, the remaining Defendant(s), if any and not further
set forth hereinbelow, as identified in Schedule “C”, are named solely for the reasons set forth in
Schedule “C”. See RPAPL §§§ 1311, 1312, and 1313.
6. Defendants “JOHN DOE #1” through “JOHN DOE #12” are additional persons
or parties intended being the tenants, occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313.
RELEVANT FACTS
7. Plaintiff is the owner and holder of the subject mortgage and note or has been
delegated the authority to institute a mortgage foreclosure action by the owner and holder of the
subject mortgage and note.
8. Plaintiff, directly or through an agent maintains physical possession of the
original Note, which Note is secured by the below Subject Mortgage. The Subject Note is made
either payable to Plaintiff or is duly indorsed in blank and was delivered to Plaintiff and/or such
party having delegated authority to Plaintiff, prior to the commencement of the instant action.
9. On or about August 26, 2004, Ferdinand L. Reisman, Jr., duly executed,
acknowledged, and delivered a note (hereinafter referred to as the “Subject Note”) wherein and
whereby Ferdinand L. Reisman, Jr. promised to repay the sum of $50,100.00 in monthly
payments interest, taxes, assessments, leasehold payments or ground rents (if any), together with
hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is
a copy of the Subject Note.
7 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
10. On or about August 26, 2004, as collateral and to secure the repayment of the sum
represented by the Subject Note, Ferdinand L. Reisman Jr., duly executed, acknowledged and
delivered the Subject Mortgage which was recorded in the Office of the County Clerk of Steuben
County on September 2, 2004 in Book 2318 Page 326.
11. The Subject Mortgage secures the real property commonly known as 15 West
Avenue, Atlanta a/k/a Cohocton, New York 14808 and designated as Section 017.14 Block 01
Lot 015.000, together with all fixtures, appurtenances, and articles of personal property annexed
thereto, installed therein, or used in connection with the in addition to all right, title, and interest
of the Defendants in and to the land lying in the streets and roads in front of adjoining said
Subject Property. Annexed hereto as Schedule “A” is a copy of the legal description.
12. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of
Mortgage, thereby memorializing delivery of the Subject Mortgage as referenced hereinabove.
13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or
having been delegated the requisite authority to commence a mortgage foreclosure action by the
owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges
upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
14. That Plaintiff repeats and realleges each and every allegation contained in
paragraphs “1” through paragraphs “13” above with the same force and effect as if set forth at
length herein.
15. That Ferdinand L. Reisman, Jr. died on December 8, 2021, a resident of Steuben
County.
8 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
16. That the Estate of Ferdinand L. Reisman, Jr. defaulted on their obligation having
failed to comply with the conditions of the Subject Note by withholding the payment amount that
became due on March 1, 2022, and plaintiff is entitled to enforce its security interest against the
distributees and/or heirs at law and next of kin of Ferdinand L. Reisman, Jr. pursuant to the terms
of the Subject Mortgage. As of June 7, 2024, said default has not been cured. There is now an
unpaid principal balance of $38,496.40, plus interest, taxes, assessments, leasehold payments or
ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing
to Plaintiff.
17. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to
the extent required by the underlying loan documents, however, Defendant(s) continued default
remains uncured.
18. That Plaintiff has complied with those provisions of Real Property and
Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require.
19. That by reason of the aforementioned default(s), Plaintiff hereby declares the
balance of the principal indebtedness to be immediately due and owing.
20. That based upon the foregoing, there is now due and owing from the Borrower to
the Plaintiff, the principal sum of $38,496.40 plus interest thereon from February 1, 2022, in
addition to those accumulated late charges and those recoverable monies advanced by Plaintiff
and/or Plaintiff’s predecessor-in-interest on behalf of Ferdinand L. Reisman, Jr. together with all
costs, including but not limited to, attorneys’ fees, disbursements, and further allowances
provided pursuant to the underlying loan documents and applicable law in bringing any action to
protect the Mortgagee’s interest in the Subject Property.
9 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
21. That Plaintiff shall not be deemed to have waived, altered, released or changed
the election hereinbefore made by reason of the payment after the date of the commencement of
this action, of any or all of the defaults mentioned herein; and such election shall continue and
remain effective until the costs and disbursements of this action, and any and all future defaults
under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are
fully paid.
22. That to protect its security afforded by the Subject Note and Mortgage, it may be
necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which
are, or may become liens on the Subject Property, and any other charges for the protection of the
Subject Property, and Plaintiff hereby demands that any amounts which may be so expended
shall be added to the amount of the principal sum secured by said note and mortgage, together
with interest from the time of any such payment, and that the same be paid to the Plaintiff from
the proceeds of the foreclosure sale herein.
23. That Plaintiff further alleges that all Defendant(s), including those not specifically
identified as executors of the underlying loan documents, have or may claim to have, some
interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any,
is subject and subordinate to the lien of the mortgage being foreclosed herein.
24. That the sale of the Subject Property and title thereto are subject to the state of
facts an accurate survey will show; all covenants, restrictions, easements, agreements and
reservations, if any, of record, and to any and all violations thereof; any and all building and
zoning regulations, restrictions and ordinances of the municipality in which said premises are
situated, and to any violations of the same, including, but not limited to, reapportionment of lot
lines, and vault charges, if any; any and all orders or requirements issued by any governmental
10 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
body having jurisdiction against or affecting said premises and any violation of the same; the
physical condition of any building or structure on the premises as of the date of closing
hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of any
defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials
in the premises including, but not limited to, flammable explosives, radioactive materials,
hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other
conditions as set forth in the terms of sale more particularly to be announced at the sale.
25. That Plaintiff has complied with all of 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, for loans governed by those provisions, and sections
thirteen hundred four and thirteen hundred six of RPAPL Article 13.
26. That a prior action under index number E2022-0881CV has been commenced at
law or otherwise for recovery of the sum or any part thereof secured by the mortgage
instrument(s) referenced herein (“Prior Action”). Said Prior Action has been discontinued.
27. UNITED STATES OF AMERICA is named a party Defendant to this action to
bar them from any right, title, claim or interest in the property being foreclosed upon by reason
of the fact that there may be outstanding Federal Estate or Income Taxes due and owing from the
estate of Ferdinand L. Reisman, Jr., deceased. The decedent died on December 8, 2021, while
residing in the County of Steuben. United States of America is made a party Defendant to this
action solely for the purposes indicated above and for no other reason.
28. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, is
named a party Defendant to this action to bar them from any right, title, claims or interest in the
11 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
property being foreclosed upon by reason of the fact that there may be outstanding Estate or
Income Taxes due and owing from the estate of Ferdinand L. Reisman, Jr., deceased, deceased.
The decedent died on December 8, 2021, while residing in the County of Steuben. New York
State Department of Taxation and Finance is made a party Defendant to this action solely for the
purposes indicated above and for no other reason.
WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of
Plaintiff and as against Defendants as follows:
I. On its First Cause of Action:
a) The Defendants and each of them, and all persons claiming under them, or any of
them subsequent to the commencement of this action and the filing of the Notice
of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien
and equity of redemption in the Subject Property;
b) Said Subject Property be sold subject to the state of facts an accurate survey will
show; all covenants, restrictions, easements, agreements and reservations, if any,
of record, and to any and all violations thereof; any and all building and zoning
regulations, restrictions and ordinances of the municipality in which said premises
are situated, and to any violations of the same, including, but not limited to,
reapportionment of lot lines, and vault charges, if any; any and all orders or
requirements issued by any governmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of
any building or structure on the premises as of the date of closing hereunder;
rights of tenants in possession, if any; prior mortgages and judgments, if any, now
12 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
liens of record; right of Redemption of United States of America, if any; rights of
any defendants pursuant to CPLR § 317, CPLR § 2003 and CPLR § 5015, if any;
any and all Hazardous Materials in the premises including, but not limited to,
flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set
forth in the terms of sale more particularly to be announced at the sale.
c) Said Subject Property may be decreed to be sold in one parcel according to law
subject to the various items set forth in allegations of the complaint herein;
d) The monies arising from the sale may be brought into court;
e) Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums
expended by plaintiff prior to and during the pendency of this action, and for
thirty days after any sale demanded herein for taxes, water rates, sewer rents,
assessments, insurance premiums and other necessary and essential charges or
expenses in connection therewith to protect the mortgage lien, plus any sums
expended for the protection or preservation of the property covered by said
mortgage and note, and the amount secured thereby, with interest thereon from
the time of such payment and the costs and expenses of this action including
reasonable attorneys’ fees so far as the amount of such monies properly applicable
thereto will pay the same;
f) The plaintiff be decreed to be the owner of any and all personal property used in
connection with the said Subject Property unless the obligors were discharged in
bankruptcy;
13 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
g) The obligors may be adjudged to pay any deficiency which may remain after
applying all of said monies so applicable thereto unless the obligors were
discharged in bankruptcy;
h) Awarding the relief requested in the additional causes of action stated in the
complaint, if any;
i) Plaintiff shall have such other and further relief or both, in the Subject Property as
shall be just and equitable.
McCABE, WEISBERG & CONWAY, LLC
Dated: June 7, 2024 By:
Melville, NY MELISSA S. DICERBO, ESQ.
Attorneys for Plaintiff
One Huntington Quadrangle, Suite 4N25
Melville, NY 11747
(631) 812-4084
(855) 845-2584 facsimile
14 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
SCHEDULE A
15 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
1100 Virginia Drive, Suite 130
Fort Washington, PA 19034
Phone: 484-594-1146
Fax: 484-594-1624
s No g a s s a v , c a s
LEGAL DESCRIPTIONS
ALL THAT TRACT OR PARCEL OF LAND, situate in the Hamlet of Atlanta, Town of Cohocton, County of Steuben and State of
New York, being a part of Lot No.11 in the northeast division of Township No. 6 in the Fifth Range of Townships in said County of
Steuben, and bounded on the north by land formerly owned and occupied by George W. Jackman; on the east by land now or formerly
owned by Elmer Clemons; on the south by the center of West Avenue in the Hamlet of Atlanta and on the west by lands now or
formerly owned by Tony Rich. The said parcel of land being 4 rods in width from east to west and 10 rods in depth from north to south,
containing one-fourth of an acre of land.
The improvements thereon being known as 15 West Avenue, Atlanta, New York - 14808
DISCLAIMER
It is our policy to type the legal description exactly as it appears on the most recently filed deed. We do not type legal descriptions from any other
document(s), even if those documents were recorded after the recording date of the most recently filed deed. It is the sole responsibility of the recipient of
this search to determine the accuracy of the legal description and to decide if a new survey would need to be conducted in order to come up with a new
legal description. We do not alter or create new legal descriptions
Property Search Report (Ref: ) Page 7 of 7
16 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
EXHIBIT D
17 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
PHHMortgage Services PRESORT
POBox 9117 First-Class Mail
Temecula, CA 92589-9117 U.S Postage and
Fees Paid
WSO
2369213274
Send Payments to:
PHHMortgage Services
1 Mortgage Way
Mail Stop SV19
Mt Laurel, NJ 08054
20220419-206
Send Correspondence to:
Mt Laurel, NJ 08054 FERDINANDL REISMANJR
POBOX211
ATLANTA, NY 14808-0211
If you are experiencing a hardship as a result of COVID-19, please
contact us immediately at 1-800-936-8705 or
covid19assistance@mortgagefamily.com or via
https://www.mortgagequestions.com/coronavirus so we can
review your available options.
18 of 78
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
newrez
C/O PHHMortgage Services .. . . . . . . ... .. . Tel: (888). 820-6474
1 Mortgage Way Fax: (856) 917-8300
Mt Laurel NJ 08054
04/19/2022 Account Number
FERDINANDL REISMAN JR Sent Via First-Class Mail®
POBOX211
ATLANTA,NY14808-0211 Property Address:
15 WESTAVENUE
ATLANTA,NY148089616
NOTICEOF DEFAULT
AVISO IMPORTANTE
PARAPERSONAS
QUEHABLANESPAÑOL
Esta notificación es de suma importancia. Puede afectar su derecho a continuar viviendo en su casa. Si no entiende su
contenido, obtenga una traducción inmediatamente o contáctenos ya que tenemos representantes que hablan
español y están disponibles para asistir.
SPECIAL NOTICEIN THEEVENTYOUHAVEFILED BANKRUPTCY
If you have received an Order of Discharge in a Chapter 7 case filed under the Bankruptcy Code of the United States,
this Notice is not intended as an attempt to collect any debt from you personally. If you have received an Order of
Discharge in a Chapter 11, 12 or 13 bankruptcy case, this Notice is not an attempt to collect a pre-petition debt
pursuant to a completed and confirmed Bankruptcy Plan. If the foregoing applies to you, this Notice is sent to you
Rem"foreclosure on the mortgage against the above-referenced property.
only as a preliminary step to an "In
Provisions may be contained within the mortgage/deed of trust that require notice prior to foreclosure. As such, this
is not an attempt to assert that you have any personal liability for this debt contrary to any entered Bankruptcy Order
of Discharge.
In addition, if you have recently filed a petition under the Bankruptcy Code, this Notice has been sent to you because
we have not been notified of your bankruptcy case. If the foregoing applies to you, it is IMPORTANTthat you or your
bankruptcy attorney contact us immediately and provide us with the following information: date and jurisdiction of
your filing, your case number and the bankruptcy chapter number under which you have filed.
www.MortgageQuestions.com
Page 1 of 4 19 of 78 231a213274
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
newrez
C/O PHHMortgage Services Tel: (888) 820-6474
1Mortgage Way Fax: (856) 917-8300
Mt. Laurel NJ 08054
Mortgage payments on the above referenced account are past due, which has caused a default under the terms of
the Mortgage or Deed of Trust (hereinafter, "Security Instrument"). As of 04/19/2022, the following amounts are
past due:
Next Payment Due Date: 03/01/2022
Total # of Monthly Payments Due: 2
Total Monthly Payments Due: $912.64
Late Charges: $18.24
Other Charges: Fees/Expenses: $0.00
Uncollected NSF Fees: $0.00
Unapplied Balance: ($0.00)
TOTALYOUMUSTPAYTOCUREDEFAULT: $930.88
This amount represents the total amount required to bring the account current as of the date of this letter. If other
amounts are advanced on the account or if the next payment due date occurs on or before the submission of the
total amount required to cure the default, those amounts will remain on the account until paid.
In order to cure the default, payment for the entire total amount past due, plus any amount(s) becoming due in the
interim, must be received on or before 05/24/2022, via the addresses or methods listed on the payment remittance
information section included Please be aware, after acceleration of the debt, there may be expenses
in this notice.
and attorney's by us to enforce the terms of the Security Instrument or mortgage agreement
fees and costs incurred
in addition to the overdue amount on the mortgage account. Any payment to reinstate the mortgage after
acceleration must therefore include an amount sufficient to cover such expenses and fees incurred. Payments
received after acceleration that are less than the amount required to reinstate the mortgage may be returned, and
may not stop any foreclosure proceedings already begun on the Property. If certain amounts are not collected to
reinstate the loan, then those amounts are not waived and will remain due on the account until paid.
The promises pursuant to the terms of the Note and Security Instrument were not kept. Failure to cure the default
on or before the date specified in the notice may require immediate payment in full, and lender or another person
may acquire the Property by meansof foreclosure and sale. Upon acceleration, the total obligation will be
immediately due and payable without further demand. If the customer meets the requirements of paragraph 19
the Security Instrument, then the customer will have the right to have lender's enforcement of the Security
Instrument stopped and to have the Security Instrument remain fully effective as if immediate payment in full had
never been required. In foreclosure proceedings, we are entitled to collect the total arrearage in addition to any
expenses of foreclosure, including, but not limited to, reasonable attorney's fees and costs. A customer has the right
in any lawsuit for foreclosure and sale to argue that customer did keep the promises and agreements under the
Security Instrument, and to present any other defenses.
Wewill work with bankruptcy lawyers, foreclosure defense lawyers, housing counselors, and other authorized
representatives of our customers. However, we will only release information once proper written authorization has
been obtained, as required by law.
www.MortgageQuestions.com
Page 2 of 4 20 of 78 23ta213274
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
newrez
C/O PHHMortgage Services Teh (888) 820-6474
1 Mortgage Way Fax: (856) 917-8300
Mt. Laurel NJ 08054
In addition,a U.S. Department of Housing and Urban Development ("HUD") counseling agency may be able to provide
assistance.To locate the HUD-approved counseling agency, call the HUDHousing Counseling Service at 800.569.4287
or consult HUD's website at www.HUD.gov.
duty"
Attention Servicemembers and Dependents: Servicemembers on "active or "active service", or a spouse or
dependent of such a service member, may be entitled to certain legal protections under the federal Servicemembers
Civil ReliefAct (50 U.S.C. App.§§ 3901) ("SCRA") regarding the service member's interest rate and foreclosure
protections. SCRAand certain state laws provide important protections for you. If you are currently in the military
service, or have been within the last twelve (12) months, please notify PHHMortgage Services immediately.
Servicemembers and dependents with questions about SCRAshould contact their unit's Judge Advocate, or their
installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is
available at http://legalassistance.law.af.mil/content/locator.php. Military OneSource is the U.S. Department of
Defense's information resource. If you are listed as entitled to legal protectionsunder SCRA, please go to
www.militaryonesource.mil/legal or call 800.34
Preview
FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF STEUBEN ----------------------------------------------------------------X U.S. BANK TRUST COMPANY, NATIONAL INDEX NO.: ASSOCIATION, AS TRUSTEE, AS SUCCESSOR- DATE FILED: IN-INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN SUMMONS INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR AEGIS Plaintiff designates Steuben County as ASSET BACKED SECURITIES TRUST, the Place of Trial MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-5 , Designation of Venue is based upon the situs of the Subject Property Plaintiff, Subject Property: -against- 15 West Avenue Atlanta a/k/a Cohocton, New York 14808 REBECCA REISMAN AS HEIR AT LAW AND NEXT OF KIN TO FERDINAND L. REISMAN JR. A/K/A FERDINAND REISMAN; JOHN DOE AND JANE DOE 1 THROUGH 50, INTENDING TO BE THE UNKNOWN HEIRS, DISTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES, LIENORS, CREDITORS, AND ASSIGNEES OF THE ESTATE OF FERDINAND L. REISMAN JR. A/K/A FERDINAND REISMAN, WHO WAS BORN IN 1954 AND DIED ON DECEMBER 8, 2021, A RESIDENT OF STEUBEN COUNTY, WHOSE LAST KNOWN ADDRESS WAS 15 WEST AVENUE, ATLANTA A/K/A COHOCTON, NEW YORK 14808, THEIR SUCCESSORS IN INTEREST IF ANY OF THE AFORESAID DEFENDANTS BE DECEASED, THEIR RESPECTIVE HEIRS AT LAW, NEXT OF KIN, AND SUCCESSORS IN INTEREST OF THE AFORESAID CLASSES OF PERSON, IF THEY OR ANY OF THEM BE DEAD, AND THEIR RESPECTIVE HUSBANDS, WIVES OR WIDOWS, IF ANY, ALL OF WHOM AND WHOSE NAMES AND PLACES, ARE UNKNOWN TO PLAINTIFF; SPRINGCASTLE CREDIT FUNDING TRUST, THROUGH ITS TRUSTEE WILMINGTON TRUST, NATIONAL ASSOCIATION; STEUBEN CHURCHPEOPLE AGAINST POVERTY, INC. D/B/A ARBOR HOUSING & 1 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 DEVELOPMENT; UNITED STATES OF AMERICA O/B/O INTERNAL REVENUE SERVICE; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; “JOHN DOE #1” through “JOHN DOE #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. ----------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 2 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR AEGIS ASSET BACKED SECURITIES TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-5 ) AND FILING THE ANSWER WITH THE COURT. McCABE, WEISBERG & CONWAY, LLC Dated: June 7, 2024 By: Melville, NY MELISSA S. DICERBO, ESQ. Attorneys for Plaintiff One Huntington Quadrangle, Suite 4N25 Melville, NY 11747 (631) 812-4084 (855) 845-2584 facsimile File # 22-301285 3 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 TO: Rebecca Reisman as heir at law and next of kin to Ferdinand L. Reisman Jr. a/k/a Ferdinand Reisman 58 Hillview Village Hinsdale, New York 14743 John Doe and Jane Doe 1 through 50, intending to be the Unknown heirs, distributees, devisees, grantees, trustees, lienors, creditors, and assignees of the Estate of Ferdinand L. Reisman Jr. a/k/a Ferdinand Reisman, who was born in 1954 and died on December 8, 2021, a resident of Steuben County, whose last known address was 15 West Avenue, Atlanta a/k/a Cohocton, New York 14808, their successors in interest if any of the aforesaid defendants be deceased, their respective heirs at law, next of kin, and successors in interest of the aforesaid classes of person, if they or any of them be dead, and their respective husbands, wives or widows, if any, all of whom and whose names and places, are unknown to Plaintiff PUBLISH New York State Department of Taxation and Finance W.A. Harriman Campus Building 9 Albany, New York 12227 Springcastle Credit Funding Trust, through its Trustee Wilmington Trust, National Association Secretary of State Steuben Churchpeople Against Poverty, Inc. d/b/a Arbor Housing & Development 16 W. William Street Bath, New York 14810 United States of America o/b/o Internal Revenue Service "JOHN DOE NO. 1" through "JOHN DOE NO. 12" 15 West Avenue Atlanta a/k/a Cohocton, New York 14808 4 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN ----------------------------------------------------------------X U.S. BANK TRUST COMPANY, NATIONAL INDEX NO.: ASSOCIATION, AS TRUSTEE, AS SUCCESSOR- DATE FILED: IN-INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN COMPLAINT INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR AEGIS ASSET BACKED SECURITIES TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-5 , Plaintiff, -against- REBECCA REISMAN AS HEIR AT LAW AND NEXT OF KIN TO FERDINAND L. REISMAN JR. A/K/A FERDINAND REISMAN; JOHN DOE AND JANE DOE 1 THROUGH 50, INTENDING TO BE THE UNKNOWN HEIRS, DISTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES, LIENORS, CREDITORS, AND ASSIGNEES OF THE ESTATE OF FERDINAND L. REISMAN JR. A/K/A FERDINAND REISMAN, WHO WAS BORN IN 1954 AND DIED ON DECEMBER 8, 2021, A RESIDENT OF STEUBEN COUNTY, WHOSE LAST KNOWN ADDRESS WAS 15 WEST AVENUE, ATLANTA A/K/A COHOCTON, NEW YORK 14808, THEIR SUCCESSORS IN INTEREST IF ANY OF THE AFORESAID DEFENDANTS BE DECEASED, THEIR RESPECTIVE HEIRS AT LAW, NEXT OF KIN, AND SUCCESSORS IN INTEREST OF THE AFORESAID CLASSES OF PERSON, IF THEY OR ANY OF THEM BE DEAD, AND THEIR RESPECTIVE HUSBANDS, WIVES OR WIDOWS, IF ANY, ALL OF WHOM AND WHOSE NAMES AND PLACES, ARE UNKNOWN TO PLAINTIFF; SPRINGCASTLE CREDIT FUNDING TRUST, THROUGH ITS TRUSTEE WILMINGTON TRUST, NATIONAL ASSOCIATION; STEUBEN CHURCHPEOPLE AGAINST POVERTY, INC. D/B/A ARBOR HOUSING & DEVELOPMENT; 5 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 UNITED STATES OF AMERICA O/B/O INTERNAL REVENUE SERVICE; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; “JOHN DOE #1” through “JOHN DOE #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. ----------------------------------------------------------------X The Complaint of the above-referenced Plaintiff, by its attorneys, McCabe, Weisberg & Conway, LLC, complains and alleges upon information and belief as follows: NATURE OF THIS ACTION 1. This action is brought and pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the mortgage dated August 26, 2004 and recorded on September 2, 2004, at Book 2318 Page 326 in the Public Records of the County of Steuben, State of New York (hereinafter referred to as the “Subject Mortgage”). The Mortgage Tax was duly paid. 2. The premises which forms the subject of this action is fully described in Schedule “A” attached hereto. PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4. Upon information and belief, Defendant(s) Ferdinand L. Reisman Jr., at all relevant times, maintain a residence within the State of New York and are the mortgagors pursuant to the Subject Mortgage. The description and interest of the above-referenced 6 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Defendant(s) is more fully set forth in Exhibit “B”, respectively. See RPAPL §§§ 1311, 1312, and 1313. 5. Upon information and belief, the remaining Defendant(s), if any and not further set forth hereinbelow, as identified in Schedule “C”, are named solely for the reasons set forth in Schedule “C”. See RPAPL §§§ 1311, 1312, and 1313. 6. Defendants “JOHN DOE #1” through “JOHN DOE #12” are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313. RELEVANT FACTS 7. Plaintiff is the owner and holder of the subject mortgage and note or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. 8. Plaintiff, directly or through an agent maintains physical possession of the original Note, which Note is secured by the below Subject Mortgage. The Subject Note is made either payable to Plaintiff or is duly indorsed in blank and was delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 9. On or about August 26, 2004, Ferdinand L. Reisman, Jr., duly executed, acknowledged, and delivered a note (hereinafter referred to as the “Subject Note”) wherein and whereby Ferdinand L. Reisman, Jr. promised to repay the sum of $50,100.00 in monthly payments interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is a copy of the Subject Note. 7 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 10. On or about August 26, 2004, as collateral and to secure the repayment of the sum represented by the Subject Note, Ferdinand L. Reisman Jr., duly executed, acknowledged and delivered the Subject Mortgage which was recorded in the Office of the County Clerk of Steuben County on September 2, 2004 in Book 2318 Page 326. 11. The Subject Mortgage secures the real property commonly known as 15 West Avenue, Atlanta a/k/a Cohocton, New York 14808 and designated as Section 017.14 Block 01 Lot 015.000, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of adjoining said Subject Property. Annexed hereto as Schedule “A” is a copy of the legal description. 12. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of Mortgage, thereby memorializing delivery of the Subject Mortgage as referenced hereinabove. 13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commence a mortgage foreclosure action by the owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 14. That Plaintiff repeats and realleges each and every allegation contained in paragraphs “1” through paragraphs “13” above with the same force and effect as if set forth at length herein. 15. That Ferdinand L. Reisman, Jr. died on December 8, 2021, a resident of Steuben County. 8 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 16. That the Estate of Ferdinand L. Reisman, Jr. defaulted on their obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on March 1, 2022, and plaintiff is entitled to enforce its security interest against the distributees and/or heirs at law and next of kin of Ferdinand L. Reisman, Jr. pursuant to the terms of the Subject Mortgage. As of June 7, 2024, said default has not been cured. There is now an unpaid principal balance of $38,496.40, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff. 17. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to the extent required by the underlying loan documents, however, Defendant(s) continued default remains uncured. 18. That Plaintiff has complied with those provisions of Real Property and Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require. 19. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 20. That based upon the foregoing, there is now due and owing from the Borrower to the Plaintiff, the principal sum of $38,496.40 plus interest thereon from February 1, 2022, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff’s predecessor-in-interest on behalf of Ferdinand L. Reisman, Jr. together with all costs, including but not limited to, attorneys’ fees, disbursements, and further allowances provided pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee’s interest in the Subject Property. 9 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 21. That Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are fully paid. 22. That to protect its security afforded by the Subject Note and Mortgage, it may be necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the Subject Property, and any other charges for the protection of the Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the Plaintiff from the proceeds of the foreclosure sale herein. 23. That Plaintiff further alleges that all Defendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 24. That the sale of the Subject Property and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental 10 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. 25. That Plaintiff has complied with all of 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, for loans governed by those provisions, and sections thirteen hundred four and thirteen hundred six of RPAPL Article 13. 26. That a prior action under index number E2022-0881CV has been commenced at law or otherwise for recovery of the sum or any part thereof secured by the mortgage instrument(s) referenced herein (“Prior Action”). Said Prior Action has been discontinued. 27. UNITED STATES OF AMERICA is named a party Defendant to this action to bar them from any right, title, claim or interest in the property being foreclosed upon by reason of the fact that there may be outstanding Federal Estate or Income Taxes due and owing from the estate of Ferdinand L. Reisman, Jr., deceased. The decedent died on December 8, 2021, while residing in the County of Steuben. United States of America is made a party Defendant to this action solely for the purposes indicated above and for no other reason. 28. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, is named a party Defendant to this action to bar them from any right, title, claims or interest in the 11 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 property being foreclosed upon by reason of the fact that there may be outstanding Estate or Income Taxes due and owing from the estate of Ferdinand L. Reisman, Jr., deceased, deceased. The decedent died on December 8, 2021, while residing in the County of Steuben. New York State Department of Taxation and Finance is made a party Defendant to this action solely for the purposes indicated above and for no other reason. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff and as against Defendants as follows: I. On its First Cause of Action: a) The Defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the Subject Property; b) Said Subject Property be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now 12 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR § 317, CPLR § 2003 and CPLR § 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. c) Said Subject Property may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; d) The monies arising from the sale may be brought into court; e) Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the costs and expenses of this action including reasonable attorneys’ fees so far as the amount of such monies properly applicable thereto will pay the same; f) The plaintiff be decreed to be the owner of any and all personal property used in connection with the said Subject Property unless the obligors were discharged in bankruptcy; 13 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 g) The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; h) Awarding the relief requested in the additional causes of action stated in the complaint, if any; i) Plaintiff shall have such other and further relief or both, in the Subject Property as shall be just and equitable. McCABE, WEISBERG & CONWAY, LLC Dated: June 7, 2024 By: Melville, NY MELISSA S. DICERBO, ESQ. Attorneys for Plaintiff One Huntington Quadrangle, Suite 4N25 Melville, NY 11747 (631) 812-4084 (855) 845-2584 facsimile 14 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 SCHEDULE A 15 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 1100 Virginia Drive, Suite 130 Fort Washington, PA 19034 Phone: 484-594-1146 Fax: 484-594-1624 s No g a s s a v , c a s LEGAL DESCRIPTIONS ALL THAT TRACT OR PARCEL OF LAND, situate in the Hamlet of Atlanta, Town of Cohocton, County of Steuben and State of New York, being a part of Lot No.11 in the northeast division of Township No. 6 in the Fifth Range of Townships in said County of Steuben, and bounded on the north by land formerly owned and occupied by George W. Jackman; on the east by land now or formerly owned by Elmer Clemons; on the south by the center of West Avenue in the Hamlet of Atlanta and on the west by lands now or formerly owned by Tony Rich. The said parcel of land being 4 rods in width from east to west and 10 rods in depth from north to south, containing one-fourth of an acre of land. The improvements thereon being known as 15 West Avenue, Atlanta, New York - 14808 DISCLAIMER It is our policy to type the legal description exactly as it appears on the most recently filed deed. We do not type legal descriptions from any other document(s), even if those documents were recorded after the recording date of the most recently filed deed. It is the sole responsibility of the recipient of this search to determine the accuracy of the legal description and to decide if a new survey would need to be conducted in order to come up with a new legal description. We do not alter or create new legal descriptions Property Search Report (Ref: ) Page 7 of 7 16 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 EXHIBIT D 17 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 PHHMortgage Services PRESORT POBox 9117 First-Class Mail Temecula, CA 92589-9117 U.S Postage and Fees Paid WSO 2369213274 Send Payments to: PHHMortgage Services 1 Mortgage Way Mail Stop SV19 Mt Laurel, NJ 08054 20220419-206 Send Correspondence to: Mt Laurel, NJ 08054 FERDINANDL REISMANJR POBOX211 ATLANTA, NY 14808-0211 If you are experiencing a hardship as a result of COVID-19, please contact us immediately at 1-800-936-8705 or covid19assistance@mortgagefamily.com or via https://www.mortgagequestions.com/coronavirus so we can review your available options. 18 of 78 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 newrez C/O PHHMortgage Services .. . . . . . . ... .. . Tel: (888). 820-6474 1 Mortgage Way Fax: (856) 917-8300 Mt Laurel NJ 08054 04/19/2022 Account Number FERDINANDL REISMAN JR Sent Via First-Class Mail® POBOX211 ATLANTA,NY14808-0211 Property Address: 15 WESTAVENUE ATLANTA,NY148089616 NOTICEOF DEFAULT AVISO IMPORTANTE PARAPERSONAS QUEHABLANESPAÑOL Esta notificación es de suma importancia. Puede afectar su derecho a continuar viviendo en su casa. Si no entiende su contenido, obtenga una traducción inmediatamente o contáctenos ya que tenemos representantes que hablan español y están disponibles para asistir. SPECIAL NOTICEIN THEEVENTYOUHAVEFILED BANKRUPTCY If you have received an Order of Discharge in a Chapter 7 case filed under the Bankruptcy Code of the United States, this Notice is not intended as an attempt to collect any debt from you personally. If you have received an Order of Discharge in a Chapter 11, 12 or 13 bankruptcy case, this Notice is not an attempt to collect a pre-petition debt pursuant to a completed and confirmed Bankruptcy Plan. If the foregoing applies to you, this Notice is sent to you Rem"foreclosure on the mortgage against the above-referenced property. only as a preliminary step to an "In Provisions may be contained within the mortgage/deed of trust that require notice prior to foreclosure. As such, this is not an attempt to assert that you have any personal liability for this debt contrary to any entered Bankruptcy Order of Discharge. In addition, if you have recently filed a petition under the Bankruptcy Code, this Notice has been sent to you because we have not been notified of your bankruptcy case. If the foregoing applies to you, it is IMPORTANTthat you or your bankruptcy attorney contact us immediately and provide us with the following information: date and jurisdiction of your filing, your case number and the bankruptcy chapter number under which you have filed. www.MortgageQuestions.com Page 1 of 4 19 of 78 231a213274 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 newrez C/O PHHMortgage Services Tel: (888) 820-6474 1Mortgage Way Fax: (856) 917-8300 Mt. Laurel NJ 08054 Mortgage payments on the above referenced account are past due, which has caused a default under the terms of the Mortgage or Deed of Trust (hereinafter, "Security Instrument"). As of 04/19/2022, the following amounts are past due: Next Payment Due Date: 03/01/2022 Total # of Monthly Payments Due: 2 Total Monthly Payments Due: $912.64 Late Charges: $18.24 Other Charges: Fees/Expenses: $0.00 Uncollected NSF Fees: $0.00 Unapplied Balance: ($0.00) TOTALYOUMUSTPAYTOCUREDEFAULT: $930.88 This amount represents the total amount required to bring the account current as of the date of this letter. If other amounts are advanced on the account or if the next payment due date occurs on or before the submission of the total amount required to cure the default, those amounts will remain on the account until paid. In order to cure the default, payment for the entire total amount past due, plus any amount(s) becoming due in the interim, must be received on or before 05/24/2022, via the addresses or methods listed on the payment remittance information section included Please be aware, after acceleration of the debt, there may be expenses in this notice. and attorney's by us to enforce the terms of the Security Instrument or mortgage agreement fees and costs incurred in addition to the overdue amount on the mortgage account. Any payment to reinstate the mortgage after acceleration must therefore include an amount sufficient to cover such expenses and fees incurred. Payments received after acceleration that are less than the amount required to reinstate the mortgage may be returned, and may not stop any foreclosure proceedings already begun on the Property. If certain amounts are not collected to reinstate the loan, then those amounts are not waived and will remain due on the account until paid. The promises pursuant to the terms of the Note and Security Instrument were not kept. Failure to cure the default on or before the date specified in the notice may require immediate payment in full, and lender or another person may acquire the Property by meansof foreclosure and sale. Upon acceleration, the total obligation will be immediately due and payable without further demand. If the customer meets the requirements of paragraph 19 the Security Instrument, then the customer will have the right to have lender's enforcement of the Security Instrument stopped and to have the Security Instrument remain fully effective as if immediate payment in full had never been required. In foreclosure proceedings, we are entitled to collect the total arrearage in addition to any expenses of foreclosure, including, but not limited to, reasonable attorney's fees and costs. A customer has the right in any lawsuit for foreclosure and sale to argue that customer did keep the promises and agreements under the Security Instrument, and to present any other defenses. Wewill work with bankruptcy lawyers, foreclosure defense lawyers, housing counselors, and other authorized representatives of our customers. However, we will only release information once proper written authorization has been obtained, as required by law. www.MortgageQuestions.com Page 2 of 4 20 of 78 23ta213274 FILED: STEUBEN COUNTY CLERK 07/03/2024 10:54 AM INDEX NO. E2024-0791CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 newrez C/O PHHMortgage Services Teh (888) 820-6474 1 Mortgage Way Fax: (856) 917-8300 Mt. Laurel NJ 08054 In addition,a U.S. Department of Housing and Urban Development ("HUD") counseling agency may be able to provide assistance.To locate the HUD-approved counseling agency, call the HUDHousing Counseling Service at 800.569.4287 or consult HUD's website at www.HUD.gov. duty" Attention Servicemembers and Dependents: Servicemembers on "active or "active service", or a spouse or dependent of such a service member, may be entitled to certain legal protections under the federal Servicemembers Civil ReliefAct (50 U.S.C. App.§§ 3901) ("SCRA") regarding the service member's interest rate and foreclosure protections. SCRAand certain state laws provide important protections for you. If you are currently in the military service, or have been within the last twelve (12) months, please notify PHHMortgage Services immediately. Servicemembers and dependents with questions about SCRAshould contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance.law.af.mil/content/locator.php. Military OneSource is the U.S. Department of Defense's information resource. If you are listed as entitled to legal protectionsunder SCRA, please go to www.militaryonesource.mil/legal or call 800.34