Preview
FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF NASSAU
___________________________________________________
MIDFIRST BANK Filed: _______________
Plaintiff,
vs. Index No.: ______________
VICTOR MORENO; SUMMONS
LISAURA MORENO;
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; Mortgaged Premises:
INC. VILLAGE OF LYNBROOK; 2137 Marion Place
BARCLAYS BANK DELAWARE; Baldwin a/k/a North Baldwin,
and “JOHN DOE” and “MARY DOE,” (Town of Hempstead) NY 11510
(Said names being fictitious, it being the intention of
plaintiff to designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an interest in
or lien upon the premises being foreclosed herein.)
Defendants.
___________________________________________________
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled
action and to serve a copy of your Answer on 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
completion of service where service is made in any other manner than by personal delivery
within the State. The United States of America, if designated as a Defendant in this action, may
answer or appear within sixty (60) days of service hereof. In case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the Complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
THE OBJECT of the above captioned action is for the foreclosure of:
Mortgage bearing the date of November 21, 2011, executed by Victor Moreno and Lisaura
Moreno to Mortgage Electronic Registration Systems, Inc. MERS acting solely as nominee for
First Residential Mortgage Services Corporation, a corporation to secure the sum of
$335,724.00, and interest, and recorded in the Office of the Clerk of Nassau County on
December 2, 2011 in Liber Book: M 36625 Page: 321.
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That Mortgage Electronic Registration Systems, Inc., as nominee for First Residential Mortgage
Services Corporation, a corporation duly assigned said Note and Mortgage to Nationstar
Mortgage LLC, a Delaware Limited Liability Company by Assignment dated July 2, 2015 and
recorded on July 9, 2015 in the Office of the Clerk of Nassau County in Liber Book: M 40548
Page: 831.
That Nationstar Mortgage LLC duly assigned said Note and Mortgage to MidFirst Bank, a
federally chartered savings association by Assignment dated December 15, 2020 and recorded on
December 22, 2020 in the Office of the Clerk of Nassau County in Book: 44849 Page: 813
Instrument No.: 2020-126222.
Loan Modification bearing the date of March 21, 2022, executed by Victor Moreno and Lisaura
Moreno to MidFirst Bank, a federally chartered savings association to secure the sum of
$263,068.72, with interest, and recorded in the Office of the Clerk of Nassau County on May 11,
2022 in Book: 46612 Page: 269 Instrument No.: 2022-54732.
The relief sought in the within action is a final judgment directing the sale of the Mortgaged
Premises described above to satisfy the debt secured by the Mortgage described above.
Plaintiff designates Nassau County as the place of trial. The basis of venue is the County
in which the Mortgaged Premises is situated.
Section: 54
Block: 36
Lot: 4
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DATED: July 1, 2024
Rochester, New York
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of
the answer on the attorney for the Mortgage company who filed this
foreclosure proceeding against you and filing the answer with the court, a
default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for
further information on how to answer the summons and protect your
property.
Sending a payment to your Mortgage company will not stop this foreclosure
action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON
THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY)
AND FILING THE ANSWER WITH THE COURT.
BY: ____________________________________
Sean P. Williams, Esq.
DAVIDSON FINK LLP
Attorneys for Plaintiff
400 Meridian Centre Blvd., Ste. 200
Rochester, New York 14618
Tel: (585) 760-8218
WE ARE ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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STATE OF NEW YORK
SUPREME COURT COUNTY OF NASSAU
_____________________________________________________
MIDFIRST BANK Filed: _______________
Plaintiff,
vs. Index No.: ______________
VICTOR MORENO;
LISAURA MORENO; VERIFIED COMPLAINT
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT;
INC. VILLAGE OF LYNBROOK; Mortgaged Premises:
BARCLAYS BANK DELAWARE; 2137 Marion Place
and “JOHN DOE” and “MARY DOE,” Baldwin a/k/a North Baldwin,
(Said names being fictitious, it being the intention of (Town of Hempstead) NY 11510
plaintiff to designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an interest in
or lien upon the premises being foreclosed herein.)
Defendants.
_____________________________________________________
The plaintiff herein, by Davidson Fink LLP, its attorneys, complains of the defendants
above named, and for its cause of action, alleges:
FIRST: Plaintiff, with an office at 999 NW Grand Blvd., Oklahoma City, OK 73118, is
authorized to do business in this State or qualifies as a "foreign bank" pursuant to the relevant
statutes and, as such, has standing and capacity to bring this action in the courts of the State of New
York.
SECOND: Upon information and belief, that at all times hereinafter mentioned, the
defendant(s) set forth in Schedule A reside or have a place of business at the address set forth
therein and are made defendants in this action in the capacities therein alleged and for the
purpose of foreclosing and extinguishing any other right, title or interest said defendants may
have in the subject premises.
THIRD: That the United States of America, The People of the State of New York, The
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York, and all other agencies or instrumentalities of the Federal, State or local government
(however designated), if made parties to this action and if appearing in Schedule B, are made
parties solely by reason of the facts set forth in said schedule, and for no other reason.
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FOURTH: That heretofore, the defendant(s), Victor Moreno and Lisaura Moreno, for
the purpose of securing to plaintiff or its assignor, its successors and assigns, the sum of
$263,068.72, duly made a certain bond, note, loan agreement, extension agreement,
consolidation agreement, or recasting agreement, as the case may be, wherein and whereby they
bound themselves, their heirs, executors, administrators and assigns, and each and every one of
them, jointly and severally, in the amount of said sum of money, all as more fully appears
together with the terms of repayment of said sum or rights of the plaintiff in said bond, note or
other instrument. A copy of said instrument, or an affidavit regarding same, is attached hereto
and made a part hereof.
FIFTH: That as security for the payment of said indebtedness, a mortgage was
executed, acknowledged and delivered to the plaintiff or its assignor, whereby the mortgagor or
mortgagors therein named, bargained, granted and sold to the mortgagee named therein, its
successors and assigns, the premises more particularly described therein (hereinafter called
"mortgaged premises"), under certain conditions with rights, duties and privileges between or
among them as more fully appears in said mortgage, a copy of which is attached hereto and made
a part hereof.
SIXTH: That the said mortgage was duly recorded (and the mortgage tax due thereon
was duly paid) in the proper County Clerk's Office at the place and time which appears thereon.
SEVENTH: That the defendant(s), so named, have failed and neglected to comply with
the terms and provisions of said mortgage, bond/note/loan agreement, and said instrument(s)
secured by said mortgage by omitting and failing to pay items of principal and interest or taxes,
assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully
appears in Schedule C and accordingly the plaintiff hereby elects to call due the entire amount
secured by the mortgage described in paragraph FIFTH hereof. The default has continued
beyond the applicable grace period set forth in the mortgage, and by reason thereof, plaintiff has
elected and hereby elects to declare immediately due and payable the entire unpaid balance of
principal.
EIGHTH: That Schedule C sets forth the principal balance due and the date (and rate)
from which interest accrued and all other items and charges arising from said default which are
now due.
NINTH: That in order to protect its security, the Plaintiff has paid, if set forth in
Schedule C, or may be compelled to pay during the pendency of this action local, taxes,
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assessments, water rates, insurance premiums, inspections and other charges affecting the
mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes
(together with interest thereon), should be added to the sum otherwise due and be deemed
secured by the said mortgage and be adjudged a valid lien on the mortgaged premises.
TENTH: That each of the above-named defendants has, or claims to have, some interest
in, or lien upon said mortgaged premises or some part thereof, which interest or lien, if any, has
accrued subsequent to the lien of plaintiff's mortgage.
ELEVENTH: That the plaintiff is now the sole, true and lawful owner and/or holder of
the said bond/note/loan agreement and mortgage securing the same and there are no pending
proceedings at law or otherwise to collect or enforce said bond/note and mortgage. Copies of
Assignment(s) of Mortgage, if any, are attached hereto and made a part hereof.
TWELFTH: That Schedules, Exhibits and other items attached to this Complaint are
expressly incorporated and made a part of the Complaint for all purposes with the same force and
effect as if they were completely and fully set forth herein wherever reference has been made to
each or any of them.
THIRTEENTH: That by reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, loan agreement, assumption agreement, extension agreement or
consolidation agreement the amount set forth in Schedule C.
FOURTEENTH: That if the security for the indebtedness consists of more than one
parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the sale of the
parcels in a particular order to the extent necessary to satisfy the indebtedness or that if the
mortgage so states, the mortgaged premises may be sold in one parcel.
FIFTEENTH: The plaintiff shall not be deemed to have waived, altered, released or
changed the election hereinbefore made by reason of the payment or performance, 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
all present and future defaults under the note and mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
SIXTEENTH: Pursuant to the Fair Debt Collection Practices Act, this action may be
deemed to be an attempt to collect a debt on behalf of the plaintiff. Any information obtained as
a result of this action will be used for that purpose.
SEVENTEENTH: At the time this proceeding is commenced, the plaintiff is the owner
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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.
EIGHTEENTH: If applicable, 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
section thirteen hundred four of the real property actions and proceedings law, and HAMP
Supplemental Directive 10-02.
NINETEENTH: Plaintiff has complied with all of the provisions pursuant to RPAPL §§
1304 and 1306.
TWENTIETH: That there is no other action pending regarding this claim.
WHEREFORE, plaintiff demands judgment:
1. Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs
and reasonable attorney's fees, if provided for in the said bond/note/loan agreement or mortgage;
and
2. That the defendant(s) and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
corporation whose right, title, conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, interest or equity of
redemption in and to said mortgaged premises;
3. That the said mortgaged premises, or such part thereof as may be necessary to raise
the amounts due for principal, interest, costs, reasonable attorney’s fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold
according to law;
4. That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts due on said bond/note/loan agreement and mortgage and any sum which may have been
paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest
upon said amounts from the dates of the respective payments and advances thereof, the costs and
expenses of this action, additional allowance, if any, and reasonable attorney's fees, if provided
for in said bond, note, loan agreement or mortgage, so far as the amount of such money properly
applicable thereto will pay the same;
5. The premises are being sold subject to:
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(a) All common charges, if any, which are at the time a lien on the premises,
together with such interest or penalties as may have lawfully accrued thereon to the date of
payment;
(b) Covenants, restrictions and easements of record and zoning regulations and
ordinances of the City, Town and Village in which said premises lie;
(c) Rights of the public and others in and to any part of the mortgaged premises
that lies within the bounds of any street, alley or highway;
(d) Any state of facts that an accurate survey, currently dated, might disclose;
(e) Any state of facts an inspection would disclose, it being understood that the
property is sold in an "as is" and "where is" condition;
(f) Any and all tenancies, possessory interests and/or leases affecting said
premises which are not extinguished by this foreclosure action;
(g) The right of redemption of the United States of America, if any;
6. That if the proceeds of said sale of the mortgaged premises aforesaid be insufficient
to pay the amount found due to the plaintiff with interest and costs, the officer making the sale be
required to specify the amount of such deficiency in his report of sale so that plaintiff may
thereafter be able to make application to this Court, pursuant to Section 1371 of the Real
Property Actions and Proceedings Law, for a judgment against the defendant(s) referred to in
paragraph FOURTH of this Complaint for any deficiency which may remain after applying all of
such moneys so applicable thereto, except that this shall not apply to any defendant who has
been discharged in bankruptcy from the subject debt;
7. That either or any of the parties to this action may become a purchaser upon such
sale;
8. That this Court, if requested, forthwith appoint a Receiver of the rents and profits
of said premises with the usual powers and duties;
9. That the plaintiff may have such other or further relief, or both, as may be just and
equitable.
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Plaintiff specifically reserves its right to share in any surplus monies arising from the sale
of subject premises by virtue of its position as a judgment or other lien creditor excluding the
mortgage being foreclosed herein;
DATED: July 1, 2024
Rochester, New York
BY: ____________________________________
Sean P. Williams, Esq.
DAVIDSON FINK LLP
Attorneys for Plaintiff
400 Meridian Centre Blvd., Ste. 200
Rochester, New York 14618
Tel: (585) 760-8218
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VERIFICATION . - .
(Complaint) -
I affirm under penalty of perjury: That I am the attorney for Plaintiff, having an office at
400 Meridian Centre Blivd., Suite 200 Rochester, NY 14618, in the within action; that I have read
the foregoing Summons and Complaint and know the contents thereof; that the same is true to my
own knowledge, except as to the matters therein stated to be alleged on information and belief,
and that as to those matters I believe them to be true. That the grounds of my belief as to all matters
in the Complaint not stated to be upon knowledge are based upon the original bond/note/loan
agreement, mortgage and/or financial statements, together with correspondence. I further state
that the reason this verification is made by Affirmant and not an officer of Plaintiff's corporation
is that Plaintiff is either a foreign corporation, or its principal place of business is not in the county
where I have my office.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury.
1
Ste~
Sean P. Williams, Esq.
Sworn to before me this 1*
day of July, 2024
uaa Public
CASSANDRA L. STOCKS —
NOTARY PUBLIC, State of New York
Registration No. 01876291157
.
Qualified in Monroe County A
Commission Expires October 15, 2
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Schedule A-Defendants
VICTOR MORENO Record owner and original mortgagor of
2137 Marion Place premises being foreclosed herein by virtue of
Baldwin a/k/a North Baldwin, NY 11510 a deed recorded on December 2, 2011 in the
Nassau County Clerk’s Office in Liber Book
D 12781 page 423 and the party liable for
payment of the note and mortgage herein.
LISAURA MORENO Record owner and original mortgagor of
2137 Marion Place premises being foreclosed herein by virtue of
Baldwin a/k/a North Baldwin, NY 11510 a deed recorded on December 2, 2011 in the
Nassau County Clerk’s Office in Liber Book
D 12781 page 423 and the party liable for
payment of the note and mortgage herein.
BARCLAYS BANK DELAWARE Holder of a judgment against Victor H.
125 South West Street Moreno, docketed on September 17, 2014 in
Wilmington, DE 19801 the Nassau County Clerk’s Office in the
amount of $11,614.18 in Index No.
JT14014357.
“JOHN DOE” and “MARY DOE” Said names being fictitious, it being the
2137 Marion Place intention of plaintiff to designate any and all
Baldwin a/k/a North Baldwin, NY 11510 occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
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Schedule B-Defendants
SECRETARY OF HOUSING AND URBAN Holder of a mortgage inferior to that being
DEVELOPMENT foreclosed herein which mortgage was
United States Attorney’s Office recorded May 25, 2022 in the Nassau County
Eastern District of New York – Main Office Clerk's Office in Book 46639 page 821
271 Cadman Plaza East Instrument No. 2022-58820 given to secure
Brooklyn NY 11201 the amount of $9,623.62.
and
Attorney General of the United States
950 Pennsylvania Ave NW
Washington, DC 20530
Via certified mailing
INC. VILLAGE OF LYNBROOK Holder of a judgment against Victor Moreno,
One Columbus Drive docketed on January 11, 2018 in the Nassau
Lynbrook, NY 11563 County Clerk’s Office in the amount of
$195.00 in Index No. JT 18 000517.
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Schedule C
1. Original Loan Amount .............................................................................$335,724.00
2. Mortgage Origination Date ..........................................................November 21, 2011
3. 2022 Loan Modification. ..........................................................................$263,068.72
4. Principal Balance Owing .........................................................................$255,897.87
5. Default Date ....................................................................................... October 1, 2023
6. Monthly Payment Amount (Principal and Interest) .....................................$1,237.05
7. Interest Rate ..................................................................................................... 3.875%
8. Interest from .................................................................................. September 1, 2023
9. Late Charges to Date ....................................................................................$1,573.20
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- ,
NOTE
FHA Case No
NOVEMBER21, 2011 Bohemia NEWYORK
[Date] [City] [State]
2137 Marion Place, Baldwin, New York 11510
[Property Address]
1 PARTIES
"Borrower" means each person signmg the end of this
at Note, and the person's successors and assigns
"Lender"
means FIRST RESIDENTIAL MORTGAGE
SERVICES CORPORATION
and its successors and assigns
2 PROMISETO PAY; INTEREST
BORROWER'S
In return for a loan received from Lender, Borrower promises to pay the prmcipal sum of
THREE HUNDREDTHIRTY-FIVE THOUSANDSEVENHUNDREDTWENTY-FOURAND
00 /100 Dollars (U.S. $ 335, 724 00 ),
plus interest, to the order of Lender Interest be charged on unpaid prmcipal, from the date of disbursement of
will
the loan proceeds by Lander, at the rate of FOURAND 250 /1000 percent
( 4 2 50 %) per year until the full amount of principal has been paid
3. PROMISETO PAY SECURED
Borrower'spromise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated
the same date Note and called the "Security Instrument " The Security Instrument protects the Lender from
as this
losses which might result if Borrower defaults under this Note
4 MANNEROFPAYMENT
(A) Tune
Borrower shall make a payment of principal and mterest to Lender on the 18t day of each month begmnmg
on JANUARY 1, 2012 Any prmcipal and interest remammgon the 1s t day of
DECEMBER, 2041 , will be due on that date, which is called the "Maturity Date "
(B) Place
Payment shall be madeat 570 SYLVAN AVENUE, ENGLEWOOD
CLI FFS, NEW
JERSEY 07632
, or at such other place
as Lender may designate mwritmg by notice to Borrower
(C) Amount
Each monthly payment of principal and interest will be in the amount of U S $ 1 , 651 57
This amount will be part of a larger monthly payment required
by the Security Instrument, that shall be applied to
principal, mterest and other items in the order described in the
Security Instrument
(D) Allonge to tlus Note for Payment Achustments
If an allonge providing for payment adjustments is executed
by Borrower together with this Note, the covenants
of the allonge shall be mcorporated into and shall amend and supplement the covenants of this Note as if the
allonge
were a part of this Note
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(Check apphcable box )
O GrowmgEquity Allonge
O Graduated Payment Allonge
O Other [specify]
5. RIGHT TO PREPAY
BORROWER'S
Borrower has the right to pay the debt evidenced by this Note, m whole or part, m
without charge or penalty,
on the first day of any month Lender shall accept prepayment on other days provided that Borrower pays mterest
on the amount prepaid for the remamder of the month to the extent required by Lender and permitted by regulations
of the Secretary If Borrower makes a partial prepayment, there will be no changes m
the due date or mthe amount
of the monthly payment unless Lender agrees m writmg to those changes
6 FAILURE TO PAY
BORROWER'S
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security instrument, as described m
Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender
may collect a late
charge mthe amount of FOURAND 000 /1000 percent ( 4 000 %)
of the overdue amount of each payment
(B) Default
If Borrower defaults by fashng to pay m full any monthly payment, then Lender may, except as hmited by
regulations of the Secretary m the case of payment defaults, require immediate payment mfull of the prmcipal balance
remanung due and all accrued mterest Lender maychoose not to exercise this option without waiving its rights m
the event of any subsequent default In many circumstances, regulations issued by the Secretary will hmit Lender's
rights to require immediate payment mfull mthe caseof payment defaults This Note does not authorize acceleration
when not permitted by HUD regulations As used m this Note, " Secretary" means the Secretary of Housing and
Urban Development or his or her designee
(C) Payment of Costs and Expenses
If Lender has required immediate payment mfull, as described above, Lender mayrequire Borrower to pay costs
and expenses meludmg reasonable and customary attorneys' fees for enforcmg this Note to the extent not prohibited
by apphcable law Such fees and costs shall bear mterest from the date of disbursement at the same rate as the
prmcipal of this Note
7. WA1VERS
Borrower and any other person who has obhgations under this Note waive the rights of presentment and notice
of dishonor "Presentment"
means the right to require Lender to demand payment of amounts due "Notice of
Dishonor"
means the right to require Lender to give notice to other persons that amounts due have not been paid
8. GIVING OFNOTICES
Unless apphcable law requires a different method, any notice that must be given to Borrower under this Note
will be given by dehvermg it or by mailing it by first class mail to Borrower at the
Property Address above or at a
different address if Borrower has given Lender a notice of Borrower's different address
Any notice that must be given to Lender under this Note will be given by dehvering it or by mailmg it by first
class mail to Lender at the address stated m Paragraph 4(B) or at a different address if Borrower is given a notice of
that different address
9. OBlJGATIONS OF PERSONS
UNDER
THIS NOTE
If more than one person signs this Note, each person and personally
is fully obhgated to keep all of the promises
made m this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these thmgs Any person who takes over these obhgations, mcludmg
the obhgations of a guarantor, surety or endorser of is also obhgated to keep all of the promises made in
this Note,
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this Note Lender may enforce its rights under this Note agamst each person mdividually or agamst all signatories
together Any one person sigmng this Note may be reqmred to pay all of the amounts owed under this Note
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contamed mthis Note
(Seal) (Seal)
Vic tor M reno -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
Pay to the onfer of
R¶liDRI 52 y If n A TV y
without recouras tble-day of g
Freedom Mortgage Corporation
Stanley C. Middleman
President/Chief Executive oneer
[Segn Ongmal Only]
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ALLONGE
Loan Date NOVEMBER
21, 2011
Barrower(s) Victor Moreno
Property Address 2137 Marion Place, Baldwin New York 11510
PrincipalBalance $335, 724 00
PAYTOTHEORDER
OF
FREEDOM
MORTGAGE
CORPORATION
Without Recourse
CompanyName FIRST RESIDENTIALMORTGAGE
SERVIC ^CORPORATION
Chief Operations officer
By
Be ty zalez (Title)
s EmO E
wwwdocmagic com
17 of 45
FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
NASSAUCOUNTYCLERK'S OFFICE
ENDORSEMENT
COVERPAGE
Recorded Date 12-02-2011 Record and Return To
Recorded Time 11 51 21 a FIRST RESIDENTIAL MORTGAGE SERVICES CORP
570 SYLVAN AVENUE
Liber Book M 36625 ENGLEWOOD CLIFFS, NJ 07632
Pages From 321
To 331
Control
Number 634
Ref # DC 032927
Doc Type M01 MORTGAGE
Location Section Block Lot Unit
HEMPSTEAD(2820) 0054 00036-00 00004
Consideration Amount 335,724 00
Taxes Total 3,494 85
Recording Totals 170 00
MXP001 Total Payment 3, 664 85
THIS PAGE IS NOWPART OF THE INSTRUMENTAND SHOULDNOT BE REMOVED
MAUREENO'CONNELL
COUNTYCLERK
2011120200634
18 of 45
FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024
Mortgage Recordmg Tax
After Recordmg Return To
CLIEFS, NW
HGBoRD IRSEY g/82
[Space Above This Line For Recording Data]
MORTGAGE I FHACASENO
Preview
FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF NASSAU ___________________________________________________ MIDFIRST BANK Filed: _______________ Plaintiff, vs. Index No.: ______________ VICTOR MORENO; SUMMONS LISAURA MORENO; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; Mortgaged Premises: INC. VILLAGE OF LYNBROOK; 2137 Marion Place BARCLAYS BANK DELAWARE; Baldwin a/k/a North Baldwin, and “JOHN DOE” and “MARY DOE,” (Town of Hempstead) NY 11510 (Said names being fictitious, it being the intention of plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein.) Defendants. ___________________________________________________ TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on 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 completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is for the foreclosure of: Mortgage bearing the date of November 21, 2011, executed by Victor Moreno and Lisaura Moreno to Mortgage Electronic Registration Systems, Inc. MERS acting solely as nominee for First Residential Mortgage Services Corporation, a corporation to secure the sum of $335,724.00, and interest, and recorded in the Office of the Clerk of Nassau County on December 2, 2011 in Liber Book: M 36625 Page: 321. 1 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 That Mortgage Electronic Registration Systems, Inc., as nominee for First Residential Mortgage Services Corporation, a corporation duly assigned said Note and Mortgage to Nationstar Mortgage LLC, a Delaware Limited Liability Company by Assignment dated July 2, 2015 and recorded on July 9, 2015 in the Office of the Clerk of Nassau County in Liber Book: M 40548 Page: 831. That Nationstar Mortgage LLC duly assigned said Note and Mortgage to MidFirst Bank, a federally chartered savings association by Assignment dated December 15, 2020 and recorded on December 22, 2020 in the Office of the Clerk of Nassau County in Book: 44849 Page: 813 Instrument No.: 2020-126222. Loan Modification bearing the date of March 21, 2022, executed by Victor Moreno and Lisaura Moreno to MidFirst Bank, a federally chartered savings association to secure the sum of $263,068.72, with interest, and recorded in the Office of the Clerk of Nassau County on May 11, 2022 in Book: 46612 Page: 269 Instrument No.: 2022-54732. The relief sought in the within action is a final judgment directing the sale of the Mortgaged Premises described above to satisfy the debt secured by the Mortgage described above. Plaintiff designates Nassau County as the place of trial. The basis of venue is the County in which the Mortgaged Premises is situated. Section: 54 Block: 36 Lot: 4 2 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 DATED: July 1, 2024 Rochester, New York NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the Mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your Mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. BY: ____________________________________ Sean P. Williams, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 400 Meridian Centre Blvd., Ste. 200 Rochester, New York 14618 Tel: (585) 760-8218 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF NASSAU _____________________________________________________ MIDFIRST BANK Filed: _______________ Plaintiff, vs. Index No.: ______________ VICTOR MORENO; LISAURA MORENO; VERIFIED COMPLAINT SECRETARY OF HOUSING AND URBAN DEVELOPMENT; INC. VILLAGE OF LYNBROOK; Mortgaged Premises: BARCLAYS BANK DELAWARE; 2137 Marion Place and “JOHN DOE” and “MARY DOE,” Baldwin a/k/a North Baldwin, (Said names being fictitious, it being the intention of (Town of Hempstead) NY 11510 plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein.) Defendants. _____________________________________________________ The plaintiff herein, by Davidson Fink LLP, its attorneys, complains of the defendants above named, and for its cause of action, alleges: FIRST: Plaintiff, with an office at 999 NW Grand Blvd., Oklahoma City, OK 73118, is authorized to do business in this State or qualifies as a "foreign bank" pursuant to the relevant statutes and, as such, has standing and capacity to bring this action in the courts of the State of New York. SECOND: Upon information and belief, that at all times hereinafter mentioned, the defendant(s) set forth in Schedule A reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. THIRD: That the United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York, and all other agencies or instrumentalities of the Federal, State or local government (however designated), if made parties to this action and if appearing in Schedule B, are made parties solely by reason of the facts set forth in said schedule, and for no other reason. 4 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 FOURTH: That heretofore, the defendant(s), Victor Moreno and Lisaura Moreno, for the purpose of securing to plaintiff or its assignor, its successors and assigns, the sum of $263,068.72, duly made a certain bond, note, loan agreement, extension agreement, consolidation agreement, or recasting agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of the plaintiff in said bond, note or other instrument. A copy of said instrument, or an affidavit regarding same, is attached hereto and made a part hereof. FIFTH: That as security for the payment of said indebtedness, a mortgage was executed, acknowledged and delivered to the plaintiff or its assignor, whereby the mortgagor or mortgagors therein named, bargained, granted and sold to the mortgagee named therein, its successors and assigns, the premises more particularly described therein (hereinafter called "mortgaged premises"), under certain conditions with rights, duties and privileges between or among them as more fully appears in said mortgage, a copy of which is attached hereto and made a part hereof. SIXTH: That the said mortgage was duly recorded (and the mortgage tax due thereon was duly paid) in the proper County Clerk's Office at the place and time which appears thereon. SEVENTH: That the defendant(s), so named, have failed and neglected to comply with the terms and provisions of said mortgage, bond/note/loan agreement, and said instrument(s) secured by said mortgage by omitting and failing to pay items of principal and interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully appears in Schedule C and accordingly the plaintiff hereby elects to call due the entire amount secured by the mortgage described in paragraph FIFTH hereof. The default has continued beyond the applicable grace period set forth in the mortgage, and by reason thereof, plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance of principal. EIGHTH: That Schedule C sets forth the principal balance due and the date (and rate) from which interest accrued and all other items and charges arising from said default which are now due. NINTH: That in order to protect its security, the Plaintiff has paid, if set forth in Schedule C, or may be compelled to pay during the pendency of this action local, taxes, 5 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes (together with interest thereon), should be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged a valid lien on the mortgaged premises. TENTH: That each of the above-named defendants has, or claims to have, some interest in, or lien upon said mortgaged premises or some part thereof, which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage. ELEVENTH: That the plaintiff is now the sole, true and lawful owner and/or holder of the said bond/note/loan agreement and mortgage securing the same and there are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage. Copies of Assignment(s) of Mortgage, if any, are attached hereto and made a part hereof. TWELFTH: That Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of the Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. THIRTEENTH: That by reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, loan agreement, assumption agreement, extension agreement or consolidation agreement the amount set forth in Schedule C. FOURTEENTH: That if the security for the indebtedness consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary to satisfy the indebtedness or that if the mortgage so states, the mortgaged premises may be sold in one parcel. FIFTEENTH: The plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, 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 all present and future defaults under the note and mortgage and occurring prior to the discontinuance of this action are fully paid and cured. SIXTEENTH: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt on behalf of the plaintiff. Any information obtained as a result of this action will be used for that purpose. SEVENTEENTH: At the time this proceeding is commenced, the plaintiff is the owner 6 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 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. EIGHTEENTH: If applicable, 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 section thirteen hundred four of the real property actions and proceedings law, and HAMP Supplemental Directive 10-02. NINETEENTH: Plaintiff has complied with all of the provisions pursuant to RPAPL §§ 1304 and 1306. TWENTIETH: That there is no other action pending regarding this claim. WHEREFORE, plaintiff demands judgment: 1. Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs and reasonable attorney's fees, if provided for in the said bond/note/loan agreement or mortgage; and 2. That the defendant(s) and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; 3. That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts due for principal, interest, costs, reasonable attorney’s fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; 4. That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts due on said bond/note/loan agreement and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if provided for in said bond, note, loan agreement or mortgage, so far as the amount of such money properly applicable thereto will pay the same; 5. The premises are being sold subject to: 7 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 (a) All common charges, if any, which are at the time a lien on the premises, together with such interest or penalties as may have lawfully accrued thereon to the date of payment; (b) Covenants, restrictions and easements of record and zoning regulations and ordinances of the City, Town and Village in which said premises lie; (c) Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley or highway; (d) Any state of facts that an accurate survey, currently dated, might disclose; (e) Any state of facts an inspection would disclose, it being understood that the property is sold in an "as is" and "where is" condition; (f) Any and all tenancies, possessory interests and/or leases affecting said premises which are not extinguished by this foreclosure action; (g) The right of redemption of the United States of America, if any; 6. That if the proceeds of said sale of the mortgaged premises aforesaid be insufficient to pay the amount found due to the plaintiff with interest and costs, the officer making the sale be required to specify the amount of such deficiency in his report of sale so that plaintiff may thereafter be able to make application to this Court, pursuant to Section 1371 of the Real Property Actions and Proceedings Law, for a judgment against the defendant(s) referred to in paragraph FOURTH of this Complaint for any deficiency which may remain after applying all of such moneys so applicable thereto, except that this shall not apply to any defendant who has been discharged in bankruptcy from the subject debt; 7. That either or any of the parties to this action may become a purchaser upon such sale; 8. That this Court, if requested, forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; 9. That the plaintiff may have such other or further relief, or both, as may be just and equitable. 8 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the mortgage being foreclosed herein; DATED: July 1, 2024 Rochester, New York BY: ____________________________________ Sean P. Williams, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 400 Meridian Centre Blvd., Ste. 200 Rochester, New York 14618 Tel: (585) 760-8218 9 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 VERIFICATION . - . (Complaint) - I affirm under penalty of perjury: That I am the attorney for Plaintiff, having an office at 400 Meridian Centre Blivd., Suite 200 Rochester, NY 14618, in the within action; that I have read the foregoing Summons and Complaint and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe them to be true. That the grounds of my belief as to all matters in the Complaint not stated to be upon knowledge are based upon the original bond/note/loan agreement, mortgage and/or financial statements, together with correspondence. I further state that the reason this verification is made by Affirmant and not an officer of Plaintiff's corporation is that Plaintiff is either a foreign corporation, or its principal place of business is not in the county where I have my office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. 1 Ste~ Sean P. Williams, Esq. Sworn to before me this 1* day of July, 2024 uaa Public CASSANDRA L. STOCKS — NOTARY PUBLIC, State of New York Registration No. 01876291157 . Qualified in Monroe County A Commission Expires October 15, 2 10 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Schedule A-Defendants VICTOR MORENO Record owner and original mortgagor of 2137 Marion Place premises being foreclosed herein by virtue of Baldwin a/k/a North Baldwin, NY 11510 a deed recorded on December 2, 2011 in the Nassau County Clerk’s Office in Liber Book D 12781 page 423 and the party liable for payment of the note and mortgage herein. LISAURA MORENO Record owner and original mortgagor of 2137 Marion Place premises being foreclosed herein by virtue of Baldwin a/k/a North Baldwin, NY 11510 a deed recorded on December 2, 2011 in the Nassau County Clerk’s Office in Liber Book D 12781 page 423 and the party liable for payment of the note and mortgage herein. BARCLAYS BANK DELAWARE Holder of a judgment against Victor H. 125 South West Street Moreno, docketed on September 17, 2014 in Wilmington, DE 19801 the Nassau County Clerk’s Office in the amount of $11,614.18 in Index No. JT14014357. “JOHN DOE” and “MARY DOE” Said names being fictitious, it being the 2137 Marion Place intention of plaintiff to designate any and all Baldwin a/k/a North Baldwin, NY 11510 occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 11 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Schedule B-Defendants SECRETARY OF HOUSING AND URBAN Holder of a mortgage inferior to that being DEVELOPMENT foreclosed herein which mortgage was United States Attorney’s Office recorded May 25, 2022 in the Nassau County Eastern District of New York – Main Office Clerk's Office in Book 46639 page 821 271 Cadman Plaza East Instrument No. 2022-58820 given to secure Brooklyn NY 11201 the amount of $9,623.62. and Attorney General of the United States 950 Pennsylvania Ave NW Washington, DC 20530 Via certified mailing INC. VILLAGE OF LYNBROOK Holder of a judgment against Victor Moreno, One Columbus Drive docketed on January 11, 2018 in the Nassau Lynbrook, NY 11563 County Clerk’s Office in the amount of $195.00 in Index No. JT 18 000517. 12 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Schedule C 1. Original Loan Amount .............................................................................$335,724.00 2. Mortgage Origination Date ..........................................................November 21, 2011 3. 2022 Loan Modification. ..........................................................................$263,068.72 4. Principal Balance Owing .........................................................................$255,897.87 5. Default Date ....................................................................................... October 1, 2023 6. Monthly Payment Amount (Principal and Interest) .....................................$1,237.05 7. Interest Rate ..................................................................................................... 3.875% 8. Interest from .................................................................................. September 1, 2023 9. Late Charges to Date ....................................................................................$1,573.20 13 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. _ 1 1 RECEIVED NYSCEF: 07/03/2024 - , NOTE FHA Case No NOVEMBER21, 2011 Bohemia NEWYORK [Date] [City] [State] 2137 Marion Place, Baldwin, New York 11510 [Property Address] 1 PARTIES "Borrower" means each person signmg the end of this at Note, and the person's successors and assigns "Lender" means FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION and its successors and assigns 2 PROMISETO PAY; INTEREST BORROWER'S In return for a loan received from Lender, Borrower promises to pay the prmcipal sum of THREE HUNDREDTHIRTY-FIVE THOUSANDSEVENHUNDREDTWENTY-FOURAND 00 /100 Dollars (U.S. $ 335, 724 00 ), plus interest, to the order of Lender Interest be charged on unpaid prmcipal, from the date of disbursement of will the loan proceeds by Lander, at the rate of FOURAND 250 /1000 percent ( 4 2 50 %) per year until the full amount of principal has been paid 3. PROMISETO PAY SECURED Borrower'spromise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date Note and called the "Security Instrument " The Security Instrument protects the Lender from as this losses which might result if Borrower defaults under this Note 4 MANNEROFPAYMENT (A) Tune Borrower shall make a payment of principal and mterest to Lender on the 18t day of each month begmnmg on JANUARY 1, 2012 Any prmcipal and interest remammgon the 1s t day of DECEMBER, 2041 , will be due on that date, which is called the "Maturity Date " (B) Place Payment shall be madeat 570 SYLVAN AVENUE, ENGLEWOOD CLI FFS, NEW JERSEY 07632 , or at such other place as Lender may designate mwritmg by notice to Borrower (C) Amount Each monthly payment of principal and interest will be in the amount of U S $ 1 , 651 57 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, mterest and other items in the order described in the Security Instrument (D) Allonge to tlus Note for Payment Achustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be mcorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note MULTISTATEFHA FIXED RATENOTE USFHANTE 09/25/09 Page 1 3 DocMa of wwwdocmagic com 14 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 (Check apphcable box ) O GrowmgEquity Allonge O Graduated Payment Allonge O Other [specify] 5. RIGHT TO PREPAY BORROWER'S Borrower has the right to pay the debt evidenced by this Note, m whole or part, m without charge or penalty, on the first day of any month Lender shall accept prepayment on other days provided that Borrower pays mterest on the amount prepaid for the remamder of the month to the extent required by Lender and permitted by regulations of the Secretary If Borrower makes a partial prepayment, there will be no changes m the due date or mthe amount of the monthly payment unless Lender agrees m writmg to those changes 6 FAILURE TO PAY BORROWER'S (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security instrument, as described m Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge mthe amount of FOURAND 000 /1000 percent ( 4 000 %) of the overdue amount of each payment (B) Default If Borrower defaults by fashng to pay m full any monthly payment, then Lender may, except as hmited by regulations of the Secretary m the case of payment defaults, require immediate payment mfull of the prmcipal balance remanung due and all accrued mterest Lender maychoose not to exercise this option without waiving its rights m the event of any subsequent default In many circumstances, regulations issued by the Secretary will hmit Lender's rights to require immediate payment mfull mthe caseof payment defaults This Note does not authorize acceleration when not permitted by HUD regulations As used m this Note, " Secretary" means the Secretary of Housing and Urban Development or his or her designee (C) Payment of Costs and Expenses If Lender has required immediate payment mfull, as described above, Lender mayrequire Borrower to pay costs and expenses meludmg reasonable and customary attorneys' fees for enforcmg this Note to the extent not prohibited by apphcable law Such fees and costs shall bear mterest from the date of disbursement at the same rate as the prmcipal of this Note 7. WA1VERS Borrower and any other person who has obhgations under this Note waive the rights of presentment and notice of dishonor "Presentment" means the right to require Lender to demand payment of amounts due "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid 8. GIVING OFNOTICES Unless apphcable law requires a different method, any notice that must be given to Borrower under this Note will be given by dehvermg it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address Any notice that must be given to Lender under this Note will be given by dehvering it or by mailmg it by first class mail to Lender at the address stated m Paragraph 4(B) or at a different address if Borrower is given a notice of that different address 9. OBlJGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person and personally is fully obhgated to keep all of the promises made m this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obligated to do these thmgs Any person who takes over these obhgations, mcludmg the obhgations of a guarantor, surety or endorser of is also obhgated to keep all of the promises made in this Note, MULTISTATEFHA FlXED RATENOTE USFHANTE 09/25/09 Page 2 Docmagle GR|rams of 3 wwwdocmagrc com 15 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 this Note Lender may enforce its rights under this Note agamst each person mdividually or agamst all signatories together Any one person sigmng this Note may be reqmred to pay all of the amounts owed under this Note BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contamed mthis Note (Seal) (Seal) Vic tor M reno -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Pay to the onfer of R¶liDRI 52 y If n A TV y without recouras tble-day of g Freedom Mortgage Corporation Stanley C. Middleman President/Chief Executive oneer [Segn Ongmal Only] MULTISTATEFHA FIXED RATENOTE USFHANTE 09/25/09 Page 3 of 3 DocAfs wwwdocmagic com 16 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 ALLONGE Loan Date NOVEMBER 21, 2011 Barrower(s) Victor Moreno Property Address 2137 Marion Place, Baldwin New York 11510 PrincipalBalance $335, 724 00 PAYTOTHEORDER OF FREEDOM MORTGAGE CORPORATION Without Recourse CompanyName FIRST RESIDENTIALMORTGAGE SERVIC ^CORPORATION Chief Operations officer By Be ty zalez (Title) s EmO E wwwdocmagic com 17 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 NASSAUCOUNTYCLERK'S OFFICE ENDORSEMENT COVERPAGE Recorded Date 12-02-2011 Record and Return To Recorded Time 11 51 21 a FIRST RESIDENTIAL MORTGAGE SERVICES CORP 570 SYLVAN AVENUE Liber Book M 36625 ENGLEWOOD CLIFFS, NJ 07632 Pages From 321 To 331 Control Number 634 Ref # DC 032927 Doc Type M01 MORTGAGE Location Section Block Lot Unit HEMPSTEAD(2820) 0054 00036-00 00004 Consideration Amount 335,724 00 Taxes Total 3,494 85 Recording Totals 170 00 MXP001 Total Payment 3, 664 85 THIS PAGE IS NOWPART OF THE INSTRUMENTAND SHOULDNOT BE REMOVED MAUREENO'CONNELL COUNTYCLERK 2011120200634 18 of 45 FILED: NASSAU COUNTY CLERK 07/03/2024 12:29 PM INDEX NO. 611686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2024 Mortgage Recordmg Tax After Recordmg Return To CLIEFS, NW HGBoRD IRSEY g/82 [Space Above This Line For Recording Data] MORTGAGE I FHACASENO