Preview
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
SUPREMECOURTOFTHE STATEOFNEWYORK
COUNTYOFWESTCHESTER
______________________________________________________________Ç
U.S. BANKTRUSTNATIONALASSOCIATION NOTIN
ITS INDIVIDUAL CAPACITYBUT SOLELYAS OWNER
TRUSTEEFORCITIGROUP MORTGAGE
LOANTRUST Filed:
2021-RP6, Index No.:
Plaintiff,
-against- Plaintiff designates
WESTCHESTER
County as place
of Venue is based upon
CHARLES KAYLOR; DAWN PECORINO-KAYLOR; trial
which premises
"JOHN DOE#1" through "JOHN DOE#10"
inclusive, the County in are
names of the ten name Defendants being fictitious,
last real being situate
names unknown the Plaintiff,
to the parties intended being
SUMMONS
TO FORECLOSE
ACTION TO FORECLOSEA
persons or corporations having an interest in, or tenants or
persons in possession of, portions of the mortgaged premises
MORTGAGE AS MODIFIED
described in the Complaint,
Defendants.
_______________________________________________________Ç
TOTHEABOVENAMEDDEFENDANTS:
YOUARE HEREBYSUMMONED
to answer the Complaint action and to serve a copy
in this
of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance
upon the Plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive of the
date of service or within thirty (30) days after the service is complete if this Summonsis not personally
delivered to you within the State of NewYork. If you fail to so appear or answer, judgment will be taken
against you by default for the relief demanded in the Complaint.
DATED: July 2, 2024
Tarrytown, NewYork
2323-000154-FC/NATIONSTAR MORTGAGE
LLC
1 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
NOTICE
OFLOSINGYOURHOME
YOUAREIN DANGER
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.
YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHEATTORNEYFOR
THE PLAINTIFF U.S. BANKTRUSTNATIONALASSOCIATIONNOTIN ITS INDIVIDUAL
CAPACITYBUTSOLELYAS OWNER TRUSTEEFORCITIGROUPMORTGAGE LOAN
TRUST2021-RP6 ANDFILING THEANSWER WITHTHE URT.
Mark R. Knuckles, Esq.
Knuckles & Manfro, LLP
Attorneys for Plaintiff
120 White Plains Road, Suite 215
Tarrytown, NY 10591
Phone: (914) 345-3020
NOTICE TO OCCUPANTS:U.S. BANKTRUSTNATIONAL ASSOCIATION NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS OWNERTRUSTEE FOR CITIGROUP
MORTGAGE LOANTRUST2021-RP6 IS FORECLOSINGAGAINST THE OWNER OF THIS
PREMISES. IF YOULIVE HERE, THIS LAWSUIT MAYRESULTIN YOUREVICTION. YOU
MAY WISH TO CONTACTA LAWYERTO DISCUSSANY RIGHTS AND POSSIBLE
DEFENSESYOUMAYHAVE.
2323-000154-FC/NATIONSTAR MORTGAGE
LLC
2 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
NOTICEOFOBJECTOFACTIONANDRELIEF SOUGHT
THEOBJECTof the above-entitled action is to foreclose a mortgage bearing date May 24, 2001, given
by Charles Kaylor and Dawn Pecorino-Kaylor to IndyMac Bank, F.S.B. to secure the sum of
$154,700.00 and recorded in CRFN: 411770359 in the office of the County ClerldCity Register of
Westchester County on July 3, 2001 and which mortgage was assigned to Federal National Mortgage
Association as evidenced by written instrument dated August 12, 2015 and recorded with the
Westchester County ClerldCity Register on September 3, 2015 in CRFN: 552363225 and which
mortgage was modified by agreement dated December 13, 2017 given by Charles Kaylor and DawnP.
Kaylor to Federal National Mortgage Association to form a single lien in the amount of $327,463.31 to
be recorded in the office of the County ClerldCity Register of Westchester County and which mortgage
as modified was ultimately assigned to the Plaintiff herein as evidenced by written instrument dated
February 18, 2022 and recorded with the Westchester County ClerldCity Register on February 22, 2022
in CRFN: 620533121 covering the premises described as follows:
27 HOLLOW
BROOKLANE, CORTLANDT
MANOR,NY10567
The relief sought in the within action includes a final judgment directing the sale of the premises
described above to satisfy the debt secured by the mortgage.
Although Plaintiff reserves its rights pursuant to Section 1371 of the Real Property Actions and
Proceedings Law against Charles Kaylor, no personal claims are made against any other defendants
herein.
2323-000154-FC/NATIONSTAR MORTGAGE
LLC
3 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1
Help for Homeowners in Foreclosure
RECEIVED NYSCEF: 07/03/2024
New York State Law requires that we send you this notice about the foreclosure process.
Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the summons and
complaint in this foreclosure action, you may lose your home. Please read the summons and
complaint carefully. You should immediately contact an attorney or your local legal aid
office to obtain advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in foreclosure. In
addition to seeking assistance from an attorney or legal aid office, there are government
agencies and non-profit organizations that you may contact for information about possible
options, including trying to work with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by the New
York State Department of Financial Services at 1-800-342-3736 or visit the Department's
website at http://www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the
right to stay in your home during the foreclosure process. You are not required to leave
your home unless and until your property is sold at auction pursuant to a judgment of
foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO
TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and
local law.
Foreclosure rescue scams
Be careful of people who approach you with offers to “save” your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit from a
homeowner's distress. You should be extremely careful about any such promises and any
suggestions that you pay them a fee or sign over your deed. State law requires anyone
offering such services for profit to enter into a contract which fully describes the services
they will perform and fees they will charge, and which prohibits them from taking any
money from you until they have completed all such promised services.
§ 1303 NOTICE
4 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1
Notice to Tenants of Buildings in Foreclosure
RECEIVED NYSCEF: 07/03/2024
New York State Law requires that we provide you this notice about the foreclosure
process. Please read it carefully.
We, U.S. BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST 2021-RP6, are the foreclosing party and are located at 120 White Plains
Road, Suite 215, Tarrytown, New York 10591 c/o Knuckles, & Manfro, LLP. We can
be reached at 914-345-3020.
The dwelling where your apartment is located is the subject of a foreclosure proceeding.
If you have a lease, are not the owner of the residence, and the lease requires payment
of rent that at the time it was entered into was not substantially less than the fair
market rent for the property, you may be entitled to remain in occupancy for the
remainder of your lease term. If you do not have a lease, you will be entitled to remain
in your home until ninety days after any person or entity who acquires title to the
property provides you with a notice as required by section 1305 of the Real Property
Actions and Proceedings Law. The notice shall provide information regarding the name
and address of the new owner and your rights to remain in your home. These rights are
in addition to any others you may have if you are a subsidized tenant under federal,
state or local law or if you are a tenant subject to rent control, rent stabilization or a
federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE
PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO
EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A
BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-
STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE
AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE
BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY
OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A
FULL HEARING IN COURT.
If you need further information, please call the New York State Department of
Financial Services' toll-free helpline at 1-800-342-3736 or visit the Department's website
at http://www.dfs.ny.gov.
§ 1303 Tenant Notice
5 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
SUPREME COURT OF THE STATE OF NEW Y ORK
COUNTY OF WESTCHESTER
---------------------------------------------------------------------------X
U.S. BANK TRUST NATIONAL ASSOCIATION NOT IN
ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR CITIGROUP MORTGAGE LOAN
TRUST 2021-RP6,
Plaintiff,
Filed:
-against-
Index No.:
CHARLES KAYLOR; D AWN PECORINIO- KAYLOR; COMPLAINT FOR THE
"JOHN DOE #1" through "JOHN DOE #10" inclusive, the FORECLOSURE OF A
names of the ten last name Defendants being fictitious, real MORTGAGE AS MODIFIED
names unknown to the Plaintiff, the parties intended being
persons or corporations having an interest in, or tenants or
persons in possession of, portions of the m01igaged
premises described in the Complaint,
Defendants.
---------------------------------------------------------------------------X
Plaintiff, as and for its Complaint, alleges:
1. That the Plaintiff was and still is a National Association organized and existing under the law of
the United States of America acting as trustee of Citigroup Mortgage Loan Trust 2021-RP6.
2. That upon information and belief, the individual Defendant(s) was/were and still is/are
resident(s) of the State of New York or are engaged in business in the State of New York .
3. That upon information and belief, the corporate Defendant(s) is/are domestic corporation(s),
corporation(s) authorized to do business in the State of New York or subject to the jurisdiction of the
New York comis by vi1iue of the liens recited hereinafter.
4. That the Plaintiff is the owner and/or holder of the subject mortgage and Note or has been
delegated the authority to institute a mortgage foreclosure action by the owner and/or holder of the
subject mortgage, and if applicable, the Plaintiff and/or its assignor as originator of the subject loan have
complied with all of the provisions of section five hundred ninety-five-a of the banking law and any
2323-000154-FC/NATIONSTAR MORTGAGE LLC
6 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
rules and regulations promulgated thereunder, and section six-1 or six-m of the banking law, for loans
governed by those provisions, section six-1 or six-m of the banking law, and section thirteen hundred
four of Article Thirteen of the Real Property Actions and Proceedings Law for all residential mortgage
loans covering a one to four family dwelling.
5. That upon information and belief, this action involves a residential, one-to-four family property.
6. That on May 24, 2001, Defendants Charles Kaylor and Dawn Pecorinio-Kaylor ("Borrowers")
duly executed, acknowledged, and delivered to Plaintiffs assignor a Note wherein and whereby the
Borrowers acknowledged to be indebted to the Plaintiffs assignor to be paid according to its terms.
Exhibit "1".
7. That as collateral security for the payment of the aforesaid sum, including interest, the Borrowers
on the same day duly executed, acknowledged and delivered a Mortgage to the mortgagee named
therein. Exhibit "2". That the Mortgage was duly recorded in the Office of the County Clerk/City
Register of the County of Westchester on July 3, 2001, as CRFN: 411770359, and the mortgage tax
thereon was duly paid.
8. That the mortgage was assigned to the Plaintiff herein as evidenced by written instrument dated
February 18, 2022 and duly recorded in CRFN:620533121 in the Office of Westchester County
Clerk/City Register on February 22, 2022. Exhibit "3".
9. That in and by the above described evidence of obligation, guarantee, or the note secured thereby
and the mortgage as modified, it was covenanted and agreed, among other things, that in the event any
default was made in the monthly payment the Holder, at its option might declare the entire principal sum
due and payable.
10. That on or abbut December 13, 2017, the Borrowers duly executed, acknowledged, and delivered
Modification Agreement to Federal National Mortgage Association which among other things, modified
the principal balance, interest rate and monthly payment of the original indebtedness Exhibit "4". The
2323-000154-FC/NATIONSTAR MORTGAGE
LLC
7 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
Modification Agreement to be duly recorded in the Office of the County Clerk/City Register of the
County of Westchester, and the mortgage tax thereon if any, was duly paid.
11. That said note and mortgage as modified or either of them provide that in the event of a default
in the payment of said principal or interest, or any part thereof, or by reason of any default that is more
particularly set forth in said note or mortgage as modified, the holder thereof is empowered to sell the
mortgaged premises according to law.
12. That the Borrowers, pursuant to the terms of the evidence of obligation, guarantee, or the note
secured thereby, have defaulted in making the aforesaid monthly payments for a period exceeding thirty
(30) days.
13. That notices of default pursuant to the mortgage were mailed to the Borrowers in the form and
manner required by the mortgage. Exhibit "5".
14. That 90-day notices were mailed to the Borrowers in the form and manner prescribed by RPAPL
§1304 and completed the registration requirements of RPAPL § 1306. Exhibit "5".
15. That by reason of the default of the Borrowers, and pursuant to the acceleration provisions of
said note and mortgage, the Plaintiff has elected and does elect that the whole of the principal sum
secured thereby become immediately due and payable and there is now justly due and payable. to the
Plaintiff by virtue of such acceleration, the principal sum of $247,042.84 plus interest at the contract rate
from June 1, 2023 together with the non-interest bearing deferred principal balance per the Loan
Modification dated December 13, 2017 in the amount of $81,995.43.
16. That no other action has been had for the recovery of said sum secured by the note and mortgage
as modified or any part thereof.
17. That the terms as contained in the mortgage as modified are incorporated herein by reference as
Exhibit "2".
2323-000154-FC/NATIONSTAR MORTGAGE
LLC
8 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
18. That the 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 all or
any part of the arrears due and owing or the curing of any or all of the defaults mentioned herein, and
such election shall continue and remain effective until all the costs and disbursements of this action, and
any and all future defaults under the aforesaid note and mortgage as modified occurring prior to the
discontinuance of this action, are fully paid or cured.
19. That in order to protect its security, the Plaintiff may be compelled, before and/or during the
pendency of this action, to pay taxes, water rates, fire insurance premiums and other charges affecting
the said mortgaged premises, and the Plaintiff requests that any sums so paid be added to the amount due
to the Plaintiff upon the note and mortgage as modified and be deemed secured thereby.
20. That the premises are or may be subject to covenants, restrictions, easements and agreements of
record, if any; to any state of facts an accurate survey may show; to financing statements of record, if
any; to existing prior mortgages and liens, if any; to existing tenancies and/or occupancies, if any; to
violations in any state or municipal department, if any; to the statutory right of the United States of
America to redeem, if any; and the Plaintiff requests that the premises be sold subject thereto.
21. That pursuant to the provisions of the Civil Practice Law and Rules 3012-b(a) of the State of
New York, an executed copy of the original certificate of merit filed simultaneously with the summons
and complaint is attached hereto. Exhibit "6".
2323-000154-FC/NATIONSTAR MORTGAGE
LLC
9 of 10
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
WHEREFORE,
the Plaintiff demands judgment that the Defendant(s) herein and all persons
claiming under them or any or either of them, subsequent to the commencement of this action, may be
forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged
premises and that the said premises be decreed to be sold according to law subject to the provisions
contained herein and that the monies arising from the sale may be brought into Court and that the
Plaintiff may be paid the amount due on the said note and mortgage with interest to the time of such
payment, together with expenses of sale, attorney's fees, and the costs, allowances, disbursements and
additional allowances granted herein, so far as the amount of such monies properly applicable thereto
will pay the same and that the Defendants Charles Kaylor may be adjudged to pay the whole residue, or
so much thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied
after the sale of the mortgaged premises and the application of the proceeds pursuant to the provisions
contained in such Judgment, the amount thereof to be determined by the Court as provided in Section
1371 of the Real Property Actions and Proceedings Law.
DATED: July 2, 2024
Tarrytown, NewYork
Mark R. Knuckles, Esq.
Knuckles & Manfro, LLP
Attorneys for Plaintiff
120 White Plains Road, Suite 215
Tarrytown, NY 10591
Phone: (914) 345-3020
2323-000154-FC/NATIONSTAR MORTGAGE
LLC
10 of 10
Preview
FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 SUPREMECOURTOFTHE STATEOFNEWYORK COUNTYOFWESTCHESTER ______________________________________________________________Ç U.S. BANKTRUSTNATIONALASSOCIATION NOTIN ITS INDIVIDUAL CAPACITYBUT SOLELYAS OWNER TRUSTEEFORCITIGROUP MORTGAGE LOANTRUST Filed: 2021-RP6, Index No.: Plaintiff, -against- Plaintiff designates WESTCHESTER County as place of Venue is based upon CHARLES KAYLOR; DAWN PECORINO-KAYLOR; trial which premises "JOHN DOE#1" through "JOHN DOE#10" inclusive, the County in are names of the ten name Defendants being fictitious, last real being situate names unknown the Plaintiff, to the parties intended being SUMMONS TO FORECLOSE ACTION TO FORECLOSEA persons or corporations having an interest in, or tenants or persons in possession of, portions of the mortgaged premises MORTGAGE AS MODIFIED described in the Complaint, Defendants. _______________________________________________________Ç TOTHEABOVENAMEDDEFENDANTS: YOUARE HEREBYSUMMONED to answer the Complaint action and to serve a copy in this of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance upon the Plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive of the date of service or within thirty (30) days after the service is complete if this Summonsis not personally delivered to you within the State of NewYork. If you fail to so appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. DATED: July 2, 2024 Tarrytown, NewYork 2323-000154-FC/NATIONSTAR MORTGAGE LLC 1 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 NOTICE OFLOSINGYOURHOME YOUAREIN DANGER 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. YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHEATTORNEYFOR THE PLAINTIFF U.S. BANKTRUSTNATIONALASSOCIATIONNOTIN ITS INDIVIDUAL CAPACITYBUTSOLELYAS OWNER TRUSTEEFORCITIGROUPMORTGAGE LOAN TRUST2021-RP6 ANDFILING THEANSWER WITHTHE URT. Mark R. Knuckles, Esq. Knuckles & Manfro, LLP Attorneys for Plaintiff 120 White Plains Road, Suite 215 Tarrytown, NY 10591 Phone: (914) 345-3020 NOTICE TO OCCUPANTS:U.S. BANKTRUSTNATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNERTRUSTEE FOR CITIGROUP MORTGAGE LOANTRUST2021-RP6 IS FORECLOSINGAGAINST THE OWNER OF THIS PREMISES. IF YOULIVE HERE, THIS LAWSUIT MAYRESULTIN YOUREVICTION. YOU MAY WISH TO CONTACTA LAWYERTO DISCUSSANY RIGHTS AND POSSIBLE DEFENSESYOUMAYHAVE. 2323-000154-FC/NATIONSTAR MORTGAGE LLC 2 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 NOTICEOFOBJECTOFACTIONANDRELIEF SOUGHT THEOBJECTof the above-entitled action is to foreclose a mortgage bearing date May 24, 2001, given by Charles Kaylor and Dawn Pecorino-Kaylor to IndyMac Bank, F.S.B. to secure the sum of $154,700.00 and recorded in CRFN: 411770359 in the office of the County ClerldCity Register of Westchester County on July 3, 2001 and which mortgage was assigned to Federal National Mortgage Association as evidenced by written instrument dated August 12, 2015 and recorded with the Westchester County ClerldCity Register on September 3, 2015 in CRFN: 552363225 and which mortgage was modified by agreement dated December 13, 2017 given by Charles Kaylor and DawnP. Kaylor to Federal National Mortgage Association to form a single lien in the amount of $327,463.31 to be recorded in the office of the County ClerldCity Register of Westchester County and which mortgage as modified was ultimately assigned to the Plaintiff herein as evidenced by written instrument dated February 18, 2022 and recorded with the Westchester County ClerldCity Register on February 22, 2022 in CRFN: 620533121 covering the premises described as follows: 27 HOLLOW BROOKLANE, CORTLANDT MANOR,NY10567 The relief sought in the within action includes a final judgment directing the sale of the premises described above to satisfy the debt secured by the mortgage. Although Plaintiff reserves its rights pursuant to Section 1371 of the Real Property Actions and Proceedings Law against Charles Kaylor, no personal claims are made against any other defendants herein. 2323-000154-FC/NATIONSTAR MORTGAGE LLC 3 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 Help for Homeowners in Foreclosure RECEIVED NYSCEF: 07/03/2024 New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at 1-800-342-3736 or visit the Department's website at http://www.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure rescue scams Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. § 1303 NOTICE 4 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 Notice to Tenants of Buildings in Foreclosure RECEIVED NYSCEF: 07/03/2024 New York State Law requires that we provide you this notice about the foreclosure process. Please read it carefully. We, U.S. BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2021-RP6, are the foreclosing party and are located at 120 White Plains Road, Suite 215, Tarrytown, New York 10591 c/o Knuckles, & Manfro, LLP. We can be reached at 914-345-3020. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT- STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Department of Financial Services' toll-free helpline at 1-800-342-3736 or visit the Department's website at http://www.dfs.ny.gov. § 1303 Tenant Notice 5 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 SUPREME COURT OF THE STATE OF NEW Y ORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------------X U.S. BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2021-RP6, Plaintiff, Filed: -against- Index No.: CHARLES KAYLOR; D AWN PECORINIO- KAYLOR; COMPLAINT FOR THE "JOHN DOE #1" through "JOHN DOE #10" inclusive, the FORECLOSURE OF A names of the ten last name Defendants being fictitious, real MORTGAGE AS MODIFIED names unknown to the Plaintiff, the parties intended being persons or corporations having an interest in, or tenants or persons in possession of, portions of the m01igaged premises described in the Complaint, Defendants. ---------------------------------------------------------------------------X Plaintiff, as and for its Complaint, alleges: 1. That the Plaintiff was and still is a National Association organized and existing under the law of the United States of America acting as trustee of Citigroup Mortgage Loan Trust 2021-RP6. 2. That upon information and belief, the individual Defendant(s) was/were and still is/are resident(s) of the State of New York or are engaged in business in the State of New York . 3. That upon information and belief, the corporate Defendant(s) is/are domestic corporation(s), corporation(s) authorized to do business in the State of New York or subject to the jurisdiction of the New York comis by vi1iue of the liens recited hereinafter. 4. That the Plaintiff is the owner and/or holder of the subject mortgage and Note or has been delegated the authority to institute a mortgage foreclosure action by the owner and/or holder of the subject mortgage, and if applicable, the Plaintiff and/or its assignor as originator of the subject loan have complied with all of the provisions of section five hundred ninety-five-a of the banking law and any 2323-000154-FC/NATIONSTAR MORTGAGE LLC 6 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 rules and regulations promulgated thereunder, and section six-1 or six-m of the banking law, for loans governed by those provisions, section six-1 or six-m of the banking law, and section thirteen hundred four of Article Thirteen of the Real Property Actions and Proceedings Law for all residential mortgage loans covering a one to four family dwelling. 5. That upon information and belief, this action involves a residential, one-to-four family property. 6. That on May 24, 2001, Defendants Charles Kaylor and Dawn Pecorinio-Kaylor ("Borrowers") duly executed, acknowledged, and delivered to Plaintiffs assignor a Note wherein and whereby the Borrowers acknowledged to be indebted to the Plaintiffs assignor to be paid according to its terms. Exhibit "1". 7. That as collateral security for the payment of the aforesaid sum, including interest, the Borrowers on the same day duly executed, acknowledged and delivered a Mortgage to the mortgagee named therein. Exhibit "2". That the Mortgage was duly recorded in the Office of the County Clerk/City Register of the County of Westchester on July 3, 2001, as CRFN: 411770359, and the mortgage tax thereon was duly paid. 8. That the mortgage was assigned to the Plaintiff herein as evidenced by written instrument dated February 18, 2022 and duly recorded in CRFN:620533121 in the Office of Westchester County Clerk/City Register on February 22, 2022. Exhibit "3". 9. That in and by the above described evidence of obligation, guarantee, or the note secured thereby and the mortgage as modified, it was covenanted and agreed, among other things, that in the event any default was made in the monthly payment the Holder, at its option might declare the entire principal sum due and payable. 10. That on or abbut December 13, 2017, the Borrowers duly executed, acknowledged, and delivered Modification Agreement to Federal National Mortgage Association which among other things, modified the principal balance, interest rate and monthly payment of the original indebtedness Exhibit "4". The 2323-000154-FC/NATIONSTAR MORTGAGE LLC 7 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Modification Agreement to be duly recorded in the Office of the County Clerk/City Register of the County of Westchester, and the mortgage tax thereon if any, was duly paid. 11. That said note and mortgage as modified or either of them provide that in the event of a default in the payment of said principal or interest, or any part thereof, or by reason of any default that is more particularly set forth in said note or mortgage as modified, the holder thereof is empowered to sell the mortgaged premises according to law. 12. That the Borrowers, pursuant to the terms of the evidence of obligation, guarantee, or the note secured thereby, have defaulted in making the aforesaid monthly payments for a period exceeding thirty (30) days. 13. That notices of default pursuant to the mortgage were mailed to the Borrowers in the form and manner required by the mortgage. Exhibit "5". 14. That 90-day notices were mailed to the Borrowers in the form and manner prescribed by RPAPL §1304 and completed the registration requirements of RPAPL § 1306. Exhibit "5". 15. That by reason of the default of the Borrowers, and pursuant to the acceleration provisions of said note and mortgage, the Plaintiff has elected and does elect that the whole of the principal sum secured thereby become immediately due and payable and there is now justly due and payable. to the Plaintiff by virtue of such acceleration, the principal sum of $247,042.84 plus interest at the contract rate from June 1, 2023 together with the non-interest bearing deferred principal balance per the Loan Modification dated December 13, 2017 in the amount of $81,995.43. 16. That no other action has been had for the recovery of said sum secured by the note and mortgage as modified or any part thereof. 17. That the terms as contained in the mortgage as modified are incorporated herein by reference as Exhibit "2". 2323-000154-FC/NATIONSTAR MORTGAGE LLC 8 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 18. That the 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 all or any part of the arrears due and owing or the curing of any or all of the defaults mentioned herein, and such election shall continue and remain effective until all the costs and disbursements of this action, and any and all future defaults under the aforesaid note and mortgage as modified occurring prior to the discontinuance of this action, are fully paid or cured. 19. That in order to protect its security, the Plaintiff may be compelled, before and/or during the pendency of this action, to pay taxes, water rates, fire insurance premiums and other charges affecting the said mortgaged premises, and the Plaintiff requests that any sums so paid be added to the amount due to the Plaintiff upon the note and mortgage as modified and be deemed secured thereby. 20. That the premises are or may be subject to covenants, restrictions, easements and agreements of record, if any; to any state of facts an accurate survey may show; to financing statements of record, if any; to existing prior mortgages and liens, if any; to existing tenancies and/or occupancies, if any; to violations in any state or municipal department, if any; to the statutory right of the United States of America to redeem, if any; and the Plaintiff requests that the premises be sold subject thereto. 21. That pursuant to the provisions of the Civil Practice Law and Rules 3012-b(a) of the State of New York, an executed copy of the original certificate of merit filed simultaneously with the summons and complaint is attached hereto. Exhibit "6". 2323-000154-FC/NATIONSTAR MORTGAGE LLC 9 of 10 FILED: WESTCHESTER COUNTY CLERK 07/03/2024 02:13 PM INDEX NO. 64993/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 WHEREFORE, the Plaintiff demands judgment that the Defendant(s) herein and all persons claiming under them or any or either of them, subsequent to the commencement of this action, may be forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged premises and that the said premises be decreed to be sold according to law subject to the provisions contained herein and that the monies arising from the sale may be brought into Court and that the Plaintiff may be paid the amount due on the said note and mortgage with interest to the time of such payment, together with expenses of sale, attorney's fees, and the costs, allowances, disbursements and additional allowances granted herein, so far as the amount of such monies properly applicable thereto will pay the same and that the Defendants Charles Kaylor may be adjudged to pay the whole residue, or so much thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied after the sale of the mortgaged premises and the application of the proceeds pursuant to the provisions contained in such Judgment, the amount thereof to be determined by the Court as provided in Section 1371 of the Real Property Actions and Proceedings Law. DATED: July 2, 2024 Tarrytown, NewYork Mark R. Knuckles, Esq. Knuckles & Manfro, LLP Attorneys for Plaintiff 120 White Plains Road, Suite 215 Tarrytown, NY 10591 Phone: (914) 345-3020 2323-000154-FC/NATIONSTAR MORTGAGE LLC 10 of 10