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INDEX NO. 066060/2014(FILED: SUFFOLK COUNTY CLERK 0773072014 04:42 PMNYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/30/2014SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF SUFFOLKGREEN TREE SERVICING LLC,Plaintiff,SUMMONS-Vvs- Index No.SILVIA TODORA A/K/A SILVIA B. TODARO; MARIAP. CAMACHO A/K/A MARIA K. CAMACHO; JUANJOSE AGUERO; SANDRA SALCEDO AGUERO;NORTH STAR CAPITAL ACQUISITIONS LLC;MIDLAND FUNDING LLC DBA IN NEW YORK ASMIDLAND FUNDING OF DELAWARE, LLC;"JOHNDOE #1-5" and "JANE DOE #1-5" said names beingfictitious, it being the intention of Plaintiff to designate anyand all occupants, tenants, persons or corporations, if any,having or claiming an interest in or lien upon the premisesbeing foreclosed herein,Defendants.Mortgaged Premises: 59 SOUTHAVEN AVENUEMASTIC, NY 11950TO THE ABOVE NAMED DEFENDANT(S):YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled actionand to serve a copy of your Answer on the plaintiff's attorney within twenty (20) days of theservice of this Summons, exclusive of the day of service, or within thirty (30) days after serviceof the same is complete where service is made in any manner other than by personal deliverywithin the State. The United States of America, if designated as a defendant in this action, mayanswer or appear within sixty (60) days of service. Your failure to appear or to answer will resultin a judgment against you by default for the relief demanded in the Complaint. In the event that adeficiency balance remains from the sale proceeds, a judgment may be entered against you,unless the Defendant obtained a bankruptcy discharge and such other or further relief as may bejust and equitable.NOTICEYOU ARE IN DANGER OF LOSING YOUR HOMEIf you do not respond to this summons and complaint by serving a copy of theanswer on the attorney for the mortgage company who filed this foreclosure proceedingagainst you and filing an answer with the court, a default judgment may be entered andyou can lose your home.Help for Homeowners in ForeclosureNew York State Law requires that we send you this notice about theforeclosure process, Please read it carefully,Summons and ComplaintYou are in danger of losing your home. If you fail to respond to thesummons and complaint in this foreclosure action, you may lose your home.Please read the summons and complaint carefully. You should immediatelycontact an attorney or your local legal aid office to obtain advice on how toprotect yourself.Sources of Information and AssistanceThe State encourages you to become informed about your options inforeclosure. In addition to seeking assistance from an attorney or legal aidoffice, there are government agencies and non-profit organizations that youmay contact for information about possible options, including trying to workwith your lender during this process, .To locate an entity near you, you may call the toll free helplinemaintained by the New York State Department of Financial Services at 1-800-269-0990 or visit the Department's website at www. dfs.ny.gov.Foreclosure Rescue ScamsBe careful of people who approach you with offers to “save” your home.These are individuals who watch for notices of foreclosure actions in order tounfairly profit from a homeowner's distress. You should be extremely carefulabout any such promises and any suggestions that you pay them a fee or signover your deed. State law requires anyone offering such services for Profit toenter into a contract which fully describes the services they will perform andfees they will charge, and which Prohibits them from taking any money fromyou until they have completed all such promised services,§ 1303 Notice 918Speak to an attorney or go to the court where your case is pending for furtherinformation 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 THEATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THEANSWER WITH THE COURT.SUFFOLK County is designated as the place of trial. The basis of venue is the locationof the mortgaged premises.Dated: June 11, 2014LPPQZ~ AMichael Gindi, Esq.FEIN, SUCH & CRANE, LLPAttorneys for Plaintiff1400 OLD COUNTRY ROAD STE C103WESTBURY, NY 11590Telephone No. 516/394-6921YGRMN384NATURE AND OBJECT OF ACTIONThe object of the above action is to foreclose a Purchase Money Mortgage held by thePlaintiff and recorded in the County of SUFFOLK, State of New York as more particularlydescribed in the Complaint herein.TO THE DEFENDANT(S), except SILVIA TODORA A/K/A SILVIA B. TODARO, theplaintiff makes no personal claim against you in this action.TO THE DEFENDANT(S), except SILVIA TODORA A/K/A SILVIA B. TODARO:IF, AND ONLY IF, you have received or will receive a Bankruptcy Discharge Orderwhich includes this debt, the plaintiff is solely attempting to enforce its mortgage lien rights inthe subject real property and makes no personal claim against you. In that event, nothingcontained in these or any papers served or filed or to be served or filed in this action will be anattempt to collect from you or to find you personally liable for the discharged debt.NOTICE OF RIGHTSYOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT ADEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.UNLESS YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOFWITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL ASSUMETHE DEBT TO BE VALID.SHOULD YOU DISPUTE THIS DEBT AND NOTIFY US IN WRITING OF THE DISPUTEWITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH VERIFICATION OF THEOBLIGATION.UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY (30) DAY PERIOD, WE WILLPROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IFDIFFERENT THAN THE CURRENT CREDITOR.SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF SUFFOLKGREEN TREE SERVICING LLC,Plaintiff,COMPLAINT-vs- Index No.SILVIA TODORA A/K/A SILVIA B. TODARO; MARIAP. CAMACHO A/K/A MARIA K. CAMACHO; JUANJOSE AGUERO; SANDRA SALCEDO AGUERO;NORTH STAR CAPITAL ACQUISITIONS LLC;MIDLAND FUNDING LLC DBA IN NEW YORK ASMIDLAND FUNDING OF DELAWARE, LLC; "JOHNDOE #1-5" and "JANE DOE #1-5" said names beingfictitious, it being the intention of Plaintiff to designate anyand all occupants, tenants, persons or corporations, if any,having or claiming an interest in or lien upon the premisesbeing foreclosed herein,Defendants.The plaintiff herein, by FEIN, SUCH & CRANE, LLP, its attorneys, complains of thedefendants above named, and for its cause of action, alleges:First: The plaintiff is a limited liability company, duly licensed, organized and existingpursuant to the laws of the United States of America.Second: Upon information and belief, at all times hereinafter mentioned, thedefendant(s) reside or conduct business at the address set forth in "Schedule A" annexed hereto(any that are corporations being organized and existing under the laws of the State set forththerein), and are made defendants in this action in the capacities and for the reasons allegedtherein.Third: That the United States of America, the People of the State of New York, the StateTax Commission of the State of New York, the Industrial Commissioner of the State of NewYork, and all other agencies or instrumentalities of the Federal, State or local government,however designated, if named as defendants, are made parties solely by reason of the facts setforth in the annexed "Schedule B."Fourth: That heretofore, to secure a sum of money to the stated Lender, its successorand assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, acertain bond(s) or note(s) whereby they bound their successors or heirs, executors, administratorsand assigns, jointly and severally, in the amount of said sum, as more fully described in theannexed "Schedule C," said schedule being a copy of the bond(s) or note(s), or accurate referenceto the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms ofrepayment of said sum and rights of the plaintiff.Fifth: Plaintiff is the holder of the Note referenced in paragraph FOURTH and entitledto enforce the Note. The Note was payable to Plaintiff or indorsed (specifically or in blank) andnegotiated to Plaintiff. A copy of the Note with the indorsem*nt(s) and/or allonge(s) is annexedhereto as Schedule "C".Sixth: That as security for the payment of said indebtedness, a Purchase MoneyMortgage(s) was executed as annexed hereto in "Schedule D," acknowledged and delivered tothe stated Lender/Mortgagee, its successors and assigns, wherein the named mortgagor ormortgagors bargained, granted and sold to the mortgagee named therein, its successors andassigns, the premises more particularly described therein (hereinafter, the "Mortgaged Premises")under certain conditions with rights, duties and privileges between the parties as describedtherein.Seventh: Plaintiff is current holder of the Mortgage securing the Note, the originals ofwhich are in Plaintiff's possession and control, and Plaintiff is otherwise entitled to enforce thesubject Mortgage and Note pursuant to law.Eighth: That said mortgage(s) was duly recorded and the mortgage tax(es) due thereonwas duly paid in the County Clerk's Office at the place and time that appears therein.Ninth: That Plaintiff has complied with all applicable provisions of the RPAPL Section1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m ifapplicable, in securing the aforementioned indebtedness and at all times thereafter. In accordancewith RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago butwithin the last 12 months. The 90 day notice was sent at least 90 days before the commencementof this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type,contained the statutorily dictated language and the addresses and phone numbers of at least fiveUS Department of Housing and Urban Development approved housing counseling agencies inthe region where the borrower resides and was mailed by registered or certified mail and firstclass mail to the last known address of the borrower. Plaintiff has fully and completely compliedwith the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306filing requirements in that the filing with the superintendent was completed within three (3)business days of the mailing.Tenth: That the defendant(s), SILVIA TODORA A/K/A SILVIA B. TODARO, hasfailed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions ofprincipal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or othercharges, all as more fully described in "Schedule E".Eleventh: That plaintiff elects herein to call due the entire amount secured by themortgage(s) as more than thirty (30) days have elapsed since the date of default.Twelfth: That "Schedule E" sets forth the principal balance due, the default date and rateat which interest accrues and is owing since defendant(s) default.Thirteenth: That in order to protect its security, the plaintiff has paid, if set forth in"Schedule E", or may be compelled to pay during the pendency of this action, local taxes, assess-ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,and hereby requests that any sums paid by it for said purposes, with interest thereon, be added tothe sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on theMortgaged Premises.Fourteenth: That the defendants herein have or claim to have some interest in, or lienupon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accruedsubsequent to the lien of the plaintiffs mortgage(s).Fifteenth: That the plaintiff is now the true and lawful holder of the said bond(s)/note(s)and is mortgagee of record or has been delegated the authority to institute a mortgage foreclosureaction by the owner and holder of the subject mortgage and note; and there have been no priorproceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s) and nosuch proceedings are currently pending.Sixteenth: That Schedules "A", "B", "C", "D", and "E", be incorporated and made part ofthe Complaint with the same force and effect as if they were completely and fully set forthwherever reference is made to them herein.Seventeenth: The plaintiff shall not be deemed to have waived, altered, released orchanged its election herein by reason of any payment after the commencement of this action ofany or all of the defaults mentioned herein and such election shall continue to be effective.WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due itfor principal, interest, costs and reasonable attorneys’, fees if provided for in the bond(s), note(s)or mortgage(s), and that the defendants, and any persons claiming by, through or under themsubsequent to the commencement of this action, and every other person or corporation whoseright, title, conveyance or encumbrance of the Mortgaged Premises is subsequent or recordedsubsequent to the plaintiff's interest, be forever barred and foreclosed of all right, claim, lien,interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises,or part thereof, be decreed to be sold according to law as may be necessary to raise the amountsdue for principal, interest, costs, allowances and disbursem*nts, together with any moniesadvanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s),note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s)out of the proceeds from the sale thereof, with interest thereon from the respective dates ofpayment thereof, costs and expenses of this action and reasonable attorneys’ fees, if provided forin the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits saidpayment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that thisCourt, if requested, forthwith appoint a Receiver of the rents and profits of the MortgagedPremises with the usual powers and duties associated therewith; that SILVIA TODORA A/K/ASILVIA B. TODARO; be adjudged to pay any remaining deficiency unless the Defendantobtained a bankruptcy discharge; and such other or further relief as may be just and equitable.The plaintiff hereby reserves its right to share in surplus monies from the sale by virtue of itsposition as a judgment or other lien creditor, excluding the mortgage(s) foreclosed herein.LP ~ aTMichael Gindi, Esq.FEIN, SUCH & CRANE, LLPAttorneys for Plaintiff1400 OLD COUNTRY ROAD STE C103WESTBURY, NY 11590Telephone: 516/394-6921YGRMN384Dated: June 11, 2014DEFENDANTSSILVIA TODORAA/K/A SILVIA B. TODARO59 SOUTHAVEN AVENUEMASTIC, NY 11950MARIA P. CAMACHOA/K/A MARIA K. CAMACHO,59 SOUTHAVEN AVENUEMASTIC, NY 11950JUAN JOSE AGUEROandSANDRA SALCEDO AGUERO59 SOUTHAVEN AVENUEMASTIC, NY 11950NORTH STAR CAPITALACQUISITIONS LLC220 JOHN GLENN DRIVESUITE ONEAMHERST, NY 14228MIDLAND FUNDING LLC DBA INNEW YORK ASMIDLAND FUNDING OFDELAWARE, LLC8875 AERO DRIVESUITE 200SAN DIEGO, CA 92123JOHN DOE # 1-5and JANE DOE # 1-559 SOUTHAVEN AVENUEMASTIC, NY 11950SCHEDULE "A" - DEFENDANTSCAPACITYDefendant(s), who executed a certain Purchase Money Mortgage to MORTGAGEELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FORCOUNTRY WIDE HOME LOANS, INC. to secure the sum of $237,000.00,recorded on May 10, 2004 in the SUFFOLK County Clerk’s Office in Liber 20740,Page 222. Defendant(s) then executed a Mortgage to MORTGAGEELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FORCOUNTRYWIDE HOME LOANS, INC. To secure the sum of $28,757.61, datedOctober 25, 2005 recorded on November 9, 2005 in the SUFFOLK County Clerk’sOffice in Liber 21168, Page 114. Consolidation, Extension and ModificationAgreement to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., dated October 25,2005 recorded November 9, 2005 in the SUFFOLK County Clerk’s Office in Liber21168, Page 115, consolidates by its terms the Mortgages in Liber 20740, Page 222with the Mortgage in Liber 21168, Page 114 to form a single lien in the amount of$262,500.00. Said Mortgage as consolidated, was assigned by MORTGAGEELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FORCOUNTRY WIDE HOME LOANS, INC. To GREEN TREE SERVICING LLC,by Assignment dated June 6, 2013 recorded September 10, 2013 in the SUFFOLKCounty Clerk’s Office in Liber 22391, Page 277.Record Owner(s) by Deed attached.Subordinate Lienor by virtue of a judgment(s) attached.Subordinate Lienor by virtue of a judgment(s) attached.Said names being fictitious, it being the intention of Plaintiff to designate any andall occupants, tenants, persons or corporations, if any, having or claiming aninterest in or lien upon the premises being foreclosed herein.itSUFFOLK COUNTY CLERKRECORDS OFFICERECORDING PAGEType of Instrument: DEED Recorded: 06/25/2013Number of Pages: 6 At: 01:02:38 PMReceipt Number : 13-0076805TRANSFER TAK NUMBER: 12-26098 LIBER: D00012734PAGE: 198District: Section: Block: Lot:0200. 981.00 03.00 039.000EXAMINED AND CHARGED AS FOLLOWSDeed Amount: $0.00Received the Following Fees For Above InstrumentExempt ExemptPage/Filing $30.00 No Handling $20.00 NoCOE $5.00 NO NYS SRCHG $15.00 NOEA-CTY $5.00 NO EA-STATE $125.00 NOTP-584 $5.00 NO Notation $0.00 NOCert, Copies $15.00 NO RET - $60.00 NOTransfer tax $0.00 NoFees Paid $280.00TRANSFER TAX NUMBER: 1212-26098THIS PAGE IS A PART OF THE INSTRUMENT.THIS IS NOT A BILLJUDITH A. PASCALECounty Clerk, Suffolk Countycawww. suifolkcountyny.gov/clerk.County Cierk [7 |310 Center Drive, Riverhead, NY 11901Numnber of pag 2013 Jun 25 Ooze PHJUDITH A. PRSCRLECLERK OFThis document will be public ‘SUFFOLK COUNTYrecord. Pleage remove all L nmnlaessSocial Security Numbers 98prior to recording. bre iz-26a9@Deed / Mortgage instrument Deed / Mongoge Tax Stamp 4 19 Recording / Filing Stamps3 FEES1 Filing Fee ‘Mongage Amt. —Page /Fitng — 1, Basie Tax —Handling 20, 00 2, Additional TaxTP-S84 —_ Sub Total ——‘on _ SecsaeaeEA-52 17 (County) — Spec. Add. —.EA-S207 (Sime) TOT. MTG. TAX —Dual Town ____ Dual County__RPTSA, a __ © Held for AppoiingyComm. of Ed. 3. 00 ‘Transfer Tax ey‘Mansion Tax —‘The propery covered by this mosgage isor will be improved by 8 onc or twoNYS Surcharge 1S, 00. saat femiy ing oly, woomer Grand Total ee 4 NO. see appropriate tax clause anpage # _____ of thjs instrumeny| 5 [Community Preservation Fundvey 2 3 CPF Tax Due $= improved.Vacant Land ___TDTDTDs| Suffolk County Re ording & Endorsem*nt Pagemade by:(SPECIFY TYPE OF INSTRUMENT)The premises herein is situated inSUFFOLK COUNTY, NEW YORK.BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) ,STANDARD NYBTU FORM 8007CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN N ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER 7THIS INDENTURE, nade then of March, two thousand thirteen, between, apySILVIA TODARO, residing at 59 Southaven Avenue, Mastic, New York 11950party of the first part, andIJUAN JOSE AGUERO AND SANDRA SALCEDO AGUERO, his wife, as to a 99%interest and as tenant in common with SILVIA TODARO, as to a 1% interest all residing at59 Southaven Avenue, Mastic, New York 11950party of the second part,WITNESSETH, that the of the first part, in consideration of ten dollars, lawful m: of theUnited States, paid by the party o! the second part, does hereby grant and release unto the party of the secondpart, the heirs or successors and assigns of the party of the second part forever,ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate, lying and being in theSEE ATTACHED SCHEDULE “A” .BEING AND INTENDED TO BE the same premises cor to the party of the firstby deed dated November 9, 2009, in the Suffolk County Clerk’s Office onlovember 12, 2009, in Liber D000! 2606, Page 033.Said premises known, as 59 Southaven Avenue, Mastic, New York 11950Dist. 0200, Sect. 881.00, Blk. 03.00, Lot 039.000SUBJECT to an existing mortgage in the orginal principle sum of $265,000.00 recordedin the Office of the Ik County Cl principle balance in the sum of $237.163.03which js hereby assumed by the grantees,TOGETHER with all right, title and interest, if any, of the of the first part in and to any streets androads abutting the above escrito premises to the center ies there pa ayanysba practice forms 10/99 ne067.6TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and tosaid premises,TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs orsuccessors and assigns of the party of the second part forever,AND the of the first part, covenants that the of the first part has not done or suffered anwhereby the said Presse have been encumbered in any way whatever, except as aforesaid. thingAND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the partyoF the first part will receive the consideration for this conveyance and will hald the tight to receive suchconsideration as a trust fund to be a lied first for the purpose of paying the cost of the im t and willapply the same first to the payment of the cost of the improvement before using any part of the total of the samefor any other purpose..__ The word "party" shall be construed as if it read "parties" whenever the sense of this indenture sorequires,IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year firstabove written,IN PRESENCE OF:Ro\0,! (2 5DSEDO AGHEBOmers coysbe practice forms 1059Acknowledgment by a Person Within New York State (RPL § 309-a)STATE OF NEW YORK }$s.COUNTY OF SUFFOLK )On the 25* day of March in the year 2013 before me, the undersi; Personally appeared_fennel kaw ocr rove ome onthe sa satctryevidence to be the indivi 3) wi name(s) is (are) subscribed to the within instrument and acknowledged tome that he/she/they executed the same ininstrument, the individual(s,capacity(ies), and that by his/her/their signature(s) on theor the person behalf of which the individual(s) acted, executed the eument.Acknowledgment by a Person Within New York State (RPL § 309-2)STATE OF NEW YORKCOUNTY OF SUFFOLKOn the 25* day of March in the year 2013 before me, the undersigned, personal i.JAN JOSE AGUERO ersonally known to me or proved to mon ho eee of sfactory evidence toee :aMAN TN SILVERNotary Public, State of New YorkQualified in Suffolk CountyNo. 4688621 Wy‘Term Expires July 31.20.52nysbea practice forms 10/99 reBsT NSAcknowledgment by a Person Within New York State (RPL § 309-a)STATE OF NEW YORKCOUNTY OF SUFFOLK} 88.:gents oysba practice forma 1099UY . SCHEDULE ,ALL that certain plot, piece or parce! of land, situate, lying and being in the Township ofBrookhaven, County of Suffolk and State of New York, described as follows, to-wit Lot9208, 9209,9210, 9211, 9212, as designated and delineated on a map entitled, “Mastic Park Section 9, situate:‘at Mastic, Town of Brookhaven, Suffolk County, Long Island, subdivision from original survey -certified by May and Smith Inc., Civil New York, April 1922 and fited in theSuffolk County Clerk's Office on the 18* of April 1922. .BEGINNING at point atthe comer formed by the intersection ofthe Northerlysideof South HavenAvenue and the Easterly side of Madison Street;RUNNING THENCE along the Easterly side of Madison Street North 1 degree 49 minutes SOseconds a distance of 100.00 fect; :THENCE South 88 degrees 10 minutes 10 seconds East a distance of 100.00 fees,THENCE South | degree 49 minutes 50 seconds West a distance of 100.00 fect to the Northerly sideof South Haven Avenue; .‘THENCE along the Northerly side of South Haven Avenue North 88 degrees 10 minutes 10 secondsWest to the point or place of BEGINNING.‘The policy to be issued undar this report will Insure the title to such buildings andFOR | Improvements erected on the premises which by law canatitute rea! praparty,ONLY TOGETHERwith all the right, ttle and interest of the party ofthe fret part, of, in andfo the land fying In the strestin front of and edjoining sald premises. .SUFFOLK COUNTY CLERKRECORDS OFFICERECORDING PAGEType of Instrument: DEED Recorded: 11/12/2009Number of Pages: 4 At: 03:51:39 PMReceipt Number : 09-0130390TRANSFER TAX NUMBER: 09-08491 LIBER: D00012606PAGE: 033Diatrict: Section: Block: Lot:0200 881.00 03.00 039.000EXAMINED AND CHARGED AS FOLLOWSDeed Amount: $0.00Received the Following Fees For Above InstrumentExempt ExemptPage/Filing $20.00 No Handling $20.00 NOCOE $5.00 NO NYS SRCEG $18.00 NoEA-CTY $3.00 NO EA-STATE $125.00 NOTR-584 $5.00 No Notation $0.00 NOCert.Copies $0.00 No ReT $30.00 NoTransfer tax $0.00 NoFees Paid $225.0009-08491TRANSFER TAX NUMBER:THIS IS NOT A BILLJadith A. PascaleTHIS PAGE IS A PART OF THE INSTRUMENTCounty Clerk, Suffolk County2009 Mov 12 G3:51139 PitNumber; Steot pnges Judith A PascaleCLERK OFThis document will be public ‘ . SUFFOLK COUNTYrecord. Please remove ail ‘ pocata6osSocial Security Numbers . OTR OGRG9tprior to recording.Deed / Mongage instrument Oeed/ Mangage Tax Stamp Recording /Filng Stamps3 3reiriare a0 —Handling Fe 2. Additional Tax——s SubtowlSpecsAsat.or| Sec. /add. —‘TOT. MTG. TAK, —Oval Town _ Oval —heidforAppoinmensTranstar Tox —Mansion Tax —‘The property covered by this ts—. ol be foprod 07 3 coe aeNYS Sweharge ISO) ray events’ _——-~ — sence ADS IF'NO, see appropriate tox cause cn«ioe "= 4 pages_____of this pT _ 099 | | Community Preservation FundConsideration Amount §_____crrtaxDue — $Improved__" Vacant landTD.q Partield Place ss To,Ot Shai wend York N76 0Malito: Judith A, Pascale, Suffolk County Cierk == [7]. Title Company Information310 Center Drive, Riverhead, NY 11901 [Co name‘www sutfolkcountyay.gaviciork =. fim| Suffolk County Recording & Endorsem*nt PageBOXES 6 THRU § MUST BE TYPEO OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OF FILING.so :oFowwa $003 — Barina Sa Dew, with Covesn gales Cractor's Atta =» init] wr Carport (Sale Stomt)‘couse YOOK Lae berone sroRIG THES SuaTRDUOETWTHES RITE sMOND 68 USED er LANERS oY.—_—___.‘THIS INDENTURE, made the 9* day of November, in the year 2009BETWEEN“SMARIA K. CAMACHO &‘PEDRO L. CAMACHO ae49 SOUTH HAVEN AVENUEMASTIC, NEW YORK 11950party of the flr pan, ondSILVIA B. TODARO4 PANFIELD PLACE toMT, SINAL, NEW YORK 11766party of the second part,nWITNESSETH, that ihe pany of the frst par, in consideration of ten dollars and other valuable considerationpald by the party of the second part, docs hereby grant and release unto the party of the second part, the heirs‘or successors and assigns of the party of the second part forever,ALL, (hai certain plot, pisce of parcel of Innd, with the buildings and improvements thereon ercetcd, situate,lying and being in theSEE SCHEDULE “A”¥ aTOGETHER with all right, title and interest, f any, of uhe parry of the firm part In snd to any sueets and voadssbuutlng the above described premises to the center lines thereof, TOGETHER with the eppurtensnces and ollthe estate and rights of the party ofthe first part in and 10 suid premises; TO HAVE AND TO HOLD the premiscsherein granted unto the party af the second par, the heim or soccessors and easigns of the pany of the secondpast forever.DbigIN PRESENCE OF: UMA idSTATE OFOnthe dey of‘before me, tbe undersigned, & Notary Pubile in and for sald State,personally appeared bessote we‘subseribing witness tothe foregoing instrament, with wheen | ampersonally anqusind, wha belog by me duly sworn, did deposend say that halshenthey resis) fo .. Mape ree et nt er 2en + penne‘0 be the Individual described in and who executed ihe’ foregoinginstrament: that said subseribing witness was presen ond sawsalderecute the same; and det acid witness st the same unesubveribed histhechheir name(s) as a witness thereto{odd he Stlowing ithe acknowledgments taten outabde HY Site]anid that sald subscribing wimess mode such appearance before”‘the underglgned In che (trser the city ot euher political subdivitlonsnd the Sets orcourry or exer place he enol was taken,WITH COVENANT AGAINST GRANTOR’S ACTS:‘TITLE No. *MARIA K. CAMACHO &PEDRO L. CAMACHO:ToSILVIA B. TODARO:‘ Distributed ByChicago Title Insurance Company.’Wa,~STATE OF NEW YORK, COUNTY OF SUFFOLKoe‘exocated the same In hisherthelr‘00 the lastramont, the individual(s), or‘the'peraan on behalf of which.thas instrument.STATE OF + COUNTY OFOa tre day of lotheyerbefore me personally cameame kaown, who, being by me duly swom, dd depase nd soythat Neresigestat heistot‘te corporation described in and which executed ihe foregoingInstrument; thal he knows the seal of sald eorporetion: tht theseal!MTined vo sald insumeat ls such eorpome seal that lt wasweaffined by onder of the board of directors of sald cacportion,ih) signed name thereto by Hike nde,SILVIA B. TODARO:4 Panfleid PlaceMt, Sinal, N.Y. 11766.AY.-ALL that certain plot, piece or parcel of fand, situste, end in the Township ofBroan, Com ofS dS ofNew Ye ec llr vier 900, 950,original survey .certified by May and Smith Ino., Civit Engi P, New Ye 1922 and filed in theSuffolk County Clk's Office on ta ISS at Arc ioe hapBEGINNING at a point ot the comer formed by the intersection of the Northerly side of South HavenAvenue and the Easterly side of Madison Street;RUNNING THENCE along the Easterly side of Madison Street North 1 degree 49 minutes 50 .seconds a distance of 100.00 fert; : .‘THENCE South 88 degrees 10 minutes 10 seconds East a distance of 100.00 feet;THENCE South | degree 49 minutes 50 seconds West a distance of 100.00 fect to the Northerly sideof South Haven Avenue;‘THENCE slong the Northerly side of South Haven Avenue North 88 degrees ]0minates 10 secands‘West to the point or place of BEGINNING,‘The pailey to be lasuad under this report will Instire the tit* te such buildings andFOR Improvements erncted on the premises which by law constitute rea)ONLY TOGETHER with sil the right, tte and interest of the party of the first part, of, in and‘to the land tying In the treatin front of end adjcining sald premises, .OrSUFFOLK COUNTY CLERKRECORDS OFFICERECORDING PAGEType of Instrument: TRANSCRIPT OF JUDGMENT FILING Piled: 12/26/2008Number of Pages: 0 At: 10:32:19 AMReceipt Number : 08-0121836 Seq Num: 78EXAMINED AND CHARGED AS FOLLOWSJudgement Fee; $10.00Received the Following Fees For Above InstrtmentExempt NOFees Paid $10.00THIS PAGE IS A PART OF THE INSTRUMENTTHIS IS NOT A BILLJudith A. PascaleCounty Clerk, Suffolk County+‘ FOURTH DISTRICT COURT CIVIL JUDGMENTNORTH STAR CAPITAL ACQUISITIONS LLCCAMACHO, MARIA,Now ON ON ertON OF: ATTORNEY FORSREY GERI CHO TURNDIES SOrTE Tap '.0, BOX 903sYousEr, WY1i7si-s036° pHeme 8°54 ee b58°8$00secaunnnatnnaouneveuseccevsnsauensessacastnsnsseanccccssenssecerssaraqaaescneanneraescecenes‘/DEBTOR & ADDRES:466 MADISON AVENUEBRENTWOOD, NY 11417-PLAINTIPP/CREDITOR & ADDRESSNORTH STAR CAPITAL ACQUISITIONS LLC220 HN GLENN DRIVE,SUITE ONESe aaeeTODSMENT HENDSRED E DOCKRETED A GEE BOURET DESTERSS ae SS SUTSCLE CounORTH DISTRICT COURTS F SUPFOLK SouNTyIN THE ScArS OF Ny NEW YORK. ON 3 oes 2508 AT 14243 FOR STATED 85BEE cond |SORE ET OE FUDGE renee[anne DISTRICT COURT OF SUPFOLK COUNTY, HELD AT HAUPPAUGE,I, THE UNDERSIGNED CLERK OF THEJUDGMENT DOORS Te Ne RE Meee CERTIFY THAT THE ABOVE 18 A CORRECT TRANSCRIPT OF THEJUDGMENT DOCKETED AND NOTED X_FURTHER THAT.ABOVE. CERTIFY ALL DEFENDANTSBEEN SUMMONED, PROOF OF WHICH IS FILED WITH THE ABCVE REFERENCED COURT.IN ,TRSTIMONY WHEREOP,I HAVE REREUNTO SET MY NAME AND AFFIXED MY OFFICIAL a Cpe (oe ‘tan’ cORMNSGRIPT MUST BE SIGNED NITH AN ORIGINAL SIGNATURE AND AgFIXED MITETHE COURT SEAL TO VALIDATE Tue TRANGGRLPE FOR FOR FILING WITH COUNTY CLERK. #*+«aeeealeesbO NOP MARE Ae ES TO THIS DOCUMENT? *t## 08008TTReaCACUOSUFFOLK COUNTY CLERKRECORDS OFFICERECORDING PAGEType of Instrument: TRANSCRIPT OF JUDGMENT FILING Filed: 05/10/2012Number of Pages: 0 At: 02:41:25 PMReceipt Number : 12-0053926 Seq Num: 512EXAMINED AND CHARGED AS FOLLOWSJudgement Fee: $10.00Received the Following Fees For Above InstrumentExempt NOFees Paid $10.00THIS PAGE IS A PART OF THE INSTRUMENTTHIS IS NOT A BILLJUDITH A, PASCALECounty Clerk, Suffolk CountyFirst DISTRICT COURT CIVIL JUDGMENT CEC 11-0010444( )we ee ee eben een eee eee eee ee te wn eee wee renee mene eee n sete sennnenweenMIDLAND FUNDING LLC DBA IN NEW YORK AS JUDGMENT AWARDED:MIDLAND FUNDING OF DELAWARE LLC DEFAULT JUDGMENTAMOUNT AWARDED. ........... § 2345.45INTEREST PROK, . 02-21 72020. 407.14YEES.... +002752.5900*~--------5~149-00 * REMARKS *CAMACHO, MARIA,s x FOR THE PLAINTIFP/CREDITORcH & 8TH FLOORYORK, N.Y. 10007 PHONE # 866-626-5053Se seems conanneunecenssuconscausnenpeansnsetseesnnncangonsucoscescennananutgannenennaeunceucctnsnnnecesasnasacanaseannersanns/DEBTOR & ADDRESSCAMACHO, MARIAWISCONSIN AVEake SHORE, Ny 14706-anavearonusseesansuasunsacounnetanssavarensausanssenssersatnmesteeuesserasusensenansees|PLAINTZPF/CREDITOR & ADDRESSMEDLAND FONDING DLC DBA IN Haw, YORK ASMIDLAND FUNDING OF DELAWARE LLC8875 AERO DRIVE E200BAN DINGO, CA S212GHENT RENDERED & c ‘OF SUFFOLK COUNTY,IN THE STATE OF NEW YORK. peceary a sD aT Pi AMOUNT STATED BELOWis i 2752.59.‘Ss 280.7: eee Poe ewe nse eee eJUDGMENT TOTAL $ 3033.3 LEN .saunas saneqneanneanasowasanencsescusuanansennmscnaneneuecsssenseaseuennsansaesenesesaranasuacconecsesanendsereumraweanenecencenrer eat cantX, THE UNDERSIGNED CLERK OF THB ‘IRST DISTRICT COURT OF + HELD AT RONKONKOMA,STATE OF NEW YORK, DO HEREBY CERTIFY THAT THE ABOVE Is A COINOTED YURTHER CRRTIVY THAT ALL 7 _AND/OR DEBTORS, HAVEBEEN SUMMONED, PROOF OY WHICH IS FILED WITE THE ABOVE REYERENC! In. WHEREOY,< SAVS HEREUNTO SET MY NAME AND AFFIXED MY OFVICIAL SEAL ON THI! i 02-02-2012 ‘**e* TRANSCRIPT MUST BE SIGNED WITH AN ORIGINAL SIGNATURE AND APFIXED WITHE COURT, SEAL 70, YALIDAE THE Facer er FOR PILING WITH COUNTY CLERK SeesCHANGES TO THIS DOCUMENT*#ssseseee$430 | begAWoruosNvaLnr — ¢ edAL 90g zs I#b28S — ZLOZOLIS 7IEG 20 404 Ost jereUDHLYOdaa TVARLLAA - INAWIGNL_ WEEEOEOL shozeHelSCHEDULE “B”-NONE-SCHEDULE "C"-Propared by: DIANA DIAZ,on |CONSOLIDATED NOTE‘This Note amends and restates in their entirety, and is given in substitution for,the Notes described in Exhibit A of the New York Consolidation, Extension,and Modification Agreement dated the same date as this Note,OCTOBER 25, 2005 BAY SHORE NEW YORK{Date} > {Ci {State}59 SOUTHAVEN AVE, MASTIC, NY 11950-3909[Property Address}1, BORROWER'S PROMISE TO PAYIn return for a loan that I have received, I promise to pay U.S.$ 262,500.50. (this amount is called "Principal”),plus interest, to the order of the Lender. The Lender isCOUNTRYWIDE HOME LOANS, INC.L will make all payments under this Note in the form of eash, check or money order.T understand that the Lender may transfer this Note. The Lender or anyone who. takes this Note by transfer and who isentitled to receive pay:nenss under this Note is called the "Note Holder.”2. INTERESTInterest will berateof 6.625%.The interest rate required by this Seetion 2 is the rate 1 will pay both before and after any default described in Section 6(B) ofthis Note.ged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly3. PAYMENTS(A) Time and Place of PaymentsI will pay principal and interest by making a payment every month, “I will make my monthly payment on the FIRST — day of each month beginning on December, 2005.1 willmake these payments every month until I have paid all of the principal and interest and any other charges described below that 1may owe under this Note, Bach monthly payment will be applied as of its scheduled due date and will be applied to interest beforePrincipal. [fon NOVEMBER (1, 2035 _.,I still owe amounts under this Note, I will pay those amounts in Full on that date,which is called the “Maturity Date." —L will make my monthly payments atP.O. Box 660694, Dallas, TX 75266-0694or at a different place if required by the Note Holder,(B) Amount of Monthly Payments aMy monthly payment will be in the amount of U.S. $ 1, 680.824, BORROWER'S RIGHT TO PREPAYThave the right 10 make payments of Principal at any time before they are due, A payment of Principal only is known as a“Prepayment.” When T make a Prepayment, I will tell the Note Holder in writing that { am doing so. { may not designate apayment as a Prepayrient if I have not made alf the monthly payments due under the Note.T may make a (wil Prepayment or partial Prepayments without paying a Prepayment charge. ‘The Note Holder will use myPrepayments (0 reduce the amount of Principal that L owe under this Note, However, the Note Holder may apply my Prepaymentto the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount ofthe Note, If | make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unlessthe Note Holder agrees in writing to those changes.NEW YORK FIXED RATE NOTE-Single Family-Fannle Mae/Freddle Mac UNIFORM INSTRUMENTAmended for NY Consolidated Note Paget of Form 3233 1/01ZB -ss0nny) (0312) CHL (12/03)(d) MP Morigage Schutons (800)521-7291NM"115122584000002850N"LOAN #5. LOAN CHARG!Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or otherJoan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan chargeshall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from mewhich exceeded permitted limits will be refunded to me. The Note Holder may chose to make this refund by reducing thePrincipal I owe under this Note or by making a direct payment to me, Ifa refund reduces Principal, the reduction will be treated asa partial Prepayment,6, BORROWER'S FAILURE TO PAY AS REQUIRED(A) Late Charge for Overdue PaymentsIf the Note Holder has not received the full amount of any monthly payment by the end of EIFTEENcalendar days afier the date itis due, I will pay a late charge to the Note Holder. The amount of the charge willbe 2.000 %of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.(B) Default1€1 do not pay the full amount of each monthly payment on the date it is due, I will be in default,(C) Notice of DefaultI€T am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by acertain date, the Note Holder. may require me to pay immediately the full amount of Principal which has not been paid and all theinterest that T owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me ordelivered by other means.(D) No Waiver By Note HolderEven if, ata tine when I am in default, the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if Lam in default at a later time.(E) Payment of Note Holder's Costs and ExpensesIf the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to bepaid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Thoseexpenses include, for example, reasonable attomeys' fees.7. GIVING OF NOTICESUnless applicable law requires a different method, any notice that must he given to me under this Note will be given bydelivering it or by mailing it by first class mail to me at the Property Address above or at a different address if T give the NoteHolder a notice of my different address.Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first classmail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that differentaddress,8. OBLIGATIONS OF PERSONS UNDER THIS NOTEIf more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in thisNote, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is alsoobligated 10 do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety orendorser of this Now, is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its rightsunder this Note against each person individually or against all of us together. This means that any one of us may be required topay all of the amounts owed under this Note.9, WAIVERSTand any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor,“Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor” means theright to require the Note Holder to give notice to other persons that amounts due have not been paid.10, UNIFORM SECURED NOTE‘This Note is a uniform instrument with fimited variations in some jurisdictions, In addition to the protections given to theNote Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument”), dated the same date as thisNote, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note,That Security Instrument describes how and under what conditions { may be required to make immediate payment in full of allamounts I owe under this Note. Some of those conditions are described as follows:Lender may require immediate payment in full of all Sums Secured by this Security Instrument if all orany part of the Property, or if any right in the Property, is sold or transferred without Lender's prior writtenpermission. If Borower is not a natural person and a beneficial interest in Borrower is sold or transferredwithout Lender's prior written permission, Lender also may require immediate payment in full, However, thisoption shall not be exercised by Lender if such exercise is prohibited by Applicable Law,If Leider requires immediate payment in full under this Section 18, Lender will give me a notice whichstates this requirement, The notice will give me at least 30 days 10 make the required paymeat, The 30-dayperiod will hegin on the date the notice is given to me in the manner required by Section 15 of this SecurityInstrament. If I do.not make the required payment during that period, Lender may act to enforce its rights underthis Security Instrument without giving me any further notice or demand for payment.Yvee DAQAO 03 cH (1203) Page of8 . Foren 3239 1/01WITNESS THE HAND(S) AND SEAL(S) OF THE UND} IRSIGNED./AO(Seal)VIA TOD: “Borrower(Seal)‘Borrower(Seal)Borrower(Seal)“Borrower[Sign Original Only}PAY TO THE ORDER OFWITHOUT RECOURSECOUNTRYWIDE HOME LOANS INCBY. GaDandA SpectorManaging DirectorSB -sson (ny) 0312) CHL (12I03)Z-BSONNY) (0312) CHL (12/03) Pages ot3 Form 3233 1/01SCHEDULE "D"SUFFOLK COUNTY CLERKRECORDS OFFICERECORDING PAGEType of Instrument: MORTGAGE/MMK Recorded: 05/10/2004Number of Pagast 15 Ate 04:07:38 FMReceipt Number : 04-0054177MORTGAGE NUMBER: CV023992 LIBER: ™00020740te PAGE: 222District: Section: Block: Lets0200 881300 03.00 039.000EXAMINED AND CHARGED AS ¥OLLOWSMortgage Amount: $237,500.06Received the Following Fees For Above Inatrument.Exempt ExempPage/Filing $45.00 RO Handling $5.00 HOCOR > $5.00 NO NYS SRCHG $15.00 moOAffidavit $0.60 nO Cert.Copies 30.00 0RPT $30.00 RO SCIM $0.00 ROMort.Basic $1,187.50 WO Mort Addl $568.75 hom*ort.Spladdi $0.00 wo Mort. Splasst $593.75 WO. Fees Paid $2,450.00MORTGAGE NUMBER: CVv023992THIS PAGE IS A PART OF THE INSTRUMENTTHIS I8 NOT A BILL .Edward ?.RomaineCounty Clerk, Suffolk Countyiaiproperty: ‘mortgage orayeegetL¢ {Co ty Preservation Fund ”CS se eeemel__| o200 | e8t00 | orc | p87 qu] cer te Dwe siib ye ee —w> {| | {| || toda] SaisitionsDioharpenseaes ie ‘Owners Malling ™Dseewenee ee —£0, Box towsVan NUYS, CA Gitto- 0123[s |} Title Company Information[Co.Nume fAVontage THe Agence[ruse ___of* AS aed"Afer Recording Retum ‘To:COUNTRYWIDE HOME LOANS, INC.HS. S¥~79- DOCUMENT PROCESSINGP.0.80% 10423van Nuys, CA 91420-0423Prepared By:DIANA DIAZTT Sine Nbr This ne For Rerreing isa} mmmTose ip tyMORTGAGE,. iWORUS USED OFTEN INTHIS DOCUMENT «{A) “Sccurily Lnstrument"' This document, which is dated APRIL 16,Riders to this docuricnt, wil! be culled the. “Security tnstrument.”(0) "Harrower,STLVIA ToODARO, + Herte-twete-Gusota and Maria P. Camacho«x HAC2004whose address is .together with oll(y"tender : F Gus1g Muller Re.COUNTRYWIDE HONE. LOANS, INC. .‘will be called “Lender,” Lender isa *CORPORATION » . ° : which existsunder the [aws af NEW YORK Conder’s address is.4500 Park Granada, Calebasas; Ch 91302-1613 .(EY “Nate,” The pote signed by Borrower and dated APRIL 16, 2004‘The Note shows thai Lowe LendertwDollam (U.S,$ 237,500.00Promised wo pay this debt in Periodic Payments and to pay the debt.ih full by MAY 01, 2034NEW YORK: Stagte Forty -Fonile Mee/Freddle Moc UNIFORM INSTRUMENT WITH MER.* Page tol 13-SAGHY] (0008) 04 CHL (1002).01(8) VP MORTGAGE Forus..(eomszt.ra0WA« will be called the “Nate.”INDRED. THIRTY SEVEN THOUSAND FIVE NUNDRED and 00/260.) plus interest and other amounts disk may be payable. } have. boc 10(7 "Pape. Ta propery ets ed eat ee 1be called the "Property,"‘THE PREMISES ARE IKPROVEO OR ARE 10 BE IMPROVED BY A ONG OR TKOFAMILY RESIDENCE GR DWELLING CNLY,(G) “Lowa.” The “Lown* mean to debt evidenced by the Not, pas lure ny prepeyment chrges and.logees.{ete charges dve ender the Note, and aif sums due under this Security Instrument,(OD “Sums Secured." Tho emovste described below in tke scction titled “Bomowers Tamsler to Lender of[Rights ta the Propesty® sometienes wil! be called the ‘Sums Secured.”0) "Riders." AN Riders usched to this Security Inerrament chat aye aignedt by Borrower will be calted."Riders." Tha folowing Rida we to be signed by Bemuwer [check box ex apple):Alesana Flecsrerites FssmsrmisBalloon Rider Planed Unit Development Rider (] 1-4 Parily RiderVA Rider weekly Payment Rider Ox Engi*U)“Applicabie Law.” AM ctauolling appticahte federal, nate und local ntatutes, regulations, oniinances and‘dininistrative rales and order (that hava the effect af lew) an well ax all applicable (izal, ooc-gpcalabie,Joule) opiniona wil be called "Applicable Laws?(0) "Communtly Arsselation Duca, Fees, and Ameamieats." All dues, fees, nseerments and ether chargesdali ee eee te Pepery by & conan emo, boseseen aneciSon orlear organization willbe calted “Commuaity Association Duss, Pees, afd Anscxtmenia.”¥unds Transfer.” “Bleevranie Ponds:(coanfess initiated | wire transfers, and'wvtumated cleartnghoure tmnsfern, .Qnviswee news” doar that are daceibod in Section 3 will be called "Excrunw lems."{N) "Miscellaneous Proceeds,”s+” "Misceltmenus Proceeds” moma any compensatien, reulameat, award of *Gamnages, Oc proceeds paid by any third pasty (ovher than Lesurence Proceeds, as defined Im, ed paid under the‘overage described in Seethon 5) for: (1) damage to, or destroction of, tte | f: (i) Condenmation or othertaking of all or any part of the Propesty; (Ill) coaveyence tn lise of Gr sale to avold‘oF Gv) stiarepresentations of, or omissioms 2s o, the value endfor condition of the Property. A,‘Condemnation; or dv): af,aking of the Property by may goveranental authority by exclnent domain ts Keown as "Coodemmatie.” -(0) Ingerance.” *M(F) “Pertodie Payment.” The eeqularty scheduled amount dus for (i) principal.and hntozeat under tho Note,‘tnd (1) any amonzis onder Section 3 will be called "Periodic Payment."ed cetrctlona thet ees lnpesed in regard to“Tederally reltted mortgugn loaa" even if tho Loan does ot qualify as u “federally relsod matgage fons”under RESPA.BORROWER'S TRANSFER TO LENDER OF RIGHTS INTHE PROPERTY(1B) Poy, with intereat, tmy ernouats that Lender npeads under this Security Instrument lo protect the valia oftha Property and Lender's rights tn the Property; end(Co eee of my asker promiaas tad agree under thls Seely Tomar ed th NateCA) ween np oral ef, etting be td nth righ freon nd wl tsProperty; end(B) to ake aay action reqlted of Lender including, bot not fnited to, releasing and canceling tla SecurityBrsigm oxen eon. crwonos fener Form ana 101. noc rp 6:Tigive Lender rights in the Propenty desceibed Is (A) darough (0) bedow: * .(A) The Property whieb ia located al .39 SOUTHEAVEN AVENUE: . . .MASTIC | ‘Tay, Tewucr Viti
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IYANA JACKSON, ET AL. VS SAMUEL WELCH, IN HIS CAPACITY AS TRUSTEE OF THE GEORGILAS TRUST, ET AL.
Jul 17, 2024 |22STCV33658
Case Number: 22STCV33658 Hearing Date: July 17, 2024 Dept: 68 Dept. 68 Date: 7-16-24 Case #: 22STCV33658 Trial Date: 1-9-25 c/f 6-24-24 FURTHER INTERROGATORIES MOVING PARTY: Defendant, Samuel Welch RESPONDING PARTY: Plaintiff, Noah Penn-El RELIEF REQUESTED Motion to Compel Further Responses to Form Interrogatories (set one) SUMMARY OF ACTION Plaintiffs were tenants of a single family dwelling at 32270 Saticoy Street, West Hills, and allege unsanitary and/or unsafe conditions on the premises as a result of improper maintenance and upkeep. On October 17, 2022, Plaintiffs filed their complaint for Failure to Provide Habitable Dwellings, Breach of Covenant of Right to Quiet Enjoyment and Possession of the Property, Nuisance, and Negligence. Defendants answered the complaint on February 23, 2023. On June 10, 2024, Derrick Robinson filed a Request for Dismissal from the complaint. RULING: Granted. Defendant, Samuel Welch moves to compel further responses to form interrogatories (set one), numbers 9.1, 9.2, 9.3, and 12.4, from Plaintiff Noah Penn-El. The responses consist of incomplete replies, or admission of certain unspecified documents or media. The responses are incomplete and fail to respond to all subcategories of the requests. The references to other persons constitutes an improper, factually incomplete answer. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783784 [Answers must be complete and responsive. Thus, it is not proper to answer by stating, See my deposition, See my pleading, or See the financial statement].) The motion is therefore granted. Responding is ordered to serve responses in compliance with Code of Civil Procedure section 2030.210-20310240. No sanctions requested. The court calendar shows one remaining, scheduled motion to compel further responses through July 22, 2024. The motions appear as a continuation of discovery issues addressed by the court in the 23 motions to compel responses granted on November 22, 2023. The court does not conduct any informal discovery conferences. While the court understands the prior use and perhaps reliance on the IDC system, the court finds the number of items on the court calendar through the next three months presents a potentially inordinate burden. The court reserves the right to set an OSC re: Discovery Referee in lieu of a hearing on any given motion, and may take off any and all motions in lieu of the OSC hearing. The court invites the parties to continue meeting and conferring, including the provision of supplemental responses, when possible. The final motion to compel further responses for this set of items addresses Shenikwa Malone on July 22, 2024. Defendant to give notice. Dept. 68 Date: 7-16-24 Case #: 22STCV33658 Trial Date: 1-9-25 c/f 6-24-24 FURTHER INTERROGATORIES MOVING PARTY: Defendant, Samuel Welch RESPONDING PARTY: Plaintiff, Iyana Jackson RELIEF REQUESTED Motion to Compel Further Responses to Form Interrogatories (set one) SUMMARY OF ACTION Plaintiffs were tenants of a single family dwelling at 32270 Saticoy Street, West Hills, and allege unsanitary and/or unsafe conditions on the premises as a result of improper maintenance and upkeep. On October 17, 2022, Plaintiffs filed their complaint for Failure to Provide Habitable Dwellings, Breach of Covenant of Right to Quiet Enjoyment and Possession of the Property, Nuisance, and Negligence. Defendants answered the complaint on February 23, 2023. On June 10, 2024, Derrick Robinson filed a Request for Dismissal from the complaint. RULING: Granted. Defendant, Samuel Welch moves to compel further responses to form interrogatories (set one), numbers 2.6, 6.4, 6.5, 6.7, 7.1, 7.2, 9.1, 9.2, and 12.4 from Plaintiff Iyana Jackson. The responses consist of incomplete replies, with assurances of later production upon entry into a protective order, or references to other parties and non-parties responsible for the provision of information. The responses are incomplete and fail to respond to all subcategories of the requests. The references to other persons constitutes an improper, factually incomplete answer. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783784 [Answers must be complete and responsive. Thus, it is not proper to answer by stating, See my deposition, See my pleading, or See the financial statement].) The motion is therefore granted. Responding is ordered to serve responses in compliance with Code of Civil Procedure section 2030.210-20310240. No sanctions requested. The court calendar shows nine remaining, scheduled motions to compel further responses through July 22, 2024. The motions appear as a continuation of discovery issues addressed by the court in the 23 motions to compel responses granted on November 22, 2023. The court does not conduct any informal discovery conferences. While the court understands the prior use and perhaps reliance on the IDC system, the court finds the number of items on the court calendar through the next three months presents a potentially inordinate burden. The court reserves the right to set an OSC re: Discovery Referee in lieu of a hearing on any given motion, and may take off any and all motions in lieu of the OSC hearing. The court invites the parties to continue meeting and conferring, including the provision of supplemental responses, when possible. Next set of motions to compel further responses begins with Noah Penn-El beginning on July 22, 2024. Defendant to give notice.
Ruling
DRAKK HOLDINGS, LLC VS PSIP SN VERMONT LLC
Jul 16, 2024 |20TRCV00847
Case Number: 20TRCV00847 Hearing Date: July 16, 2024 Dept: 8 Tentative Ruling¿ ¿¿ HEARING DATE: July 16, 2024 ¿¿ CASE NUMBER: 20TRCV00847 ¿¿ CASE NAME: Drakk Holdings, LLC v. PSIP SN Vermont LLC, et al. ¿¿ MOVING PARTY: Defendant, PSIP SN Vermont, LLC ¿¿ RESPONDING PARTY: Plaintiff, Drakk Holdings, LLC ¿¿ TRIAL DATE: November 12, 2024 ¿¿ MOTION:¿ (1) Motion for Summary Judgment (2) DRAKKs objection to PSIPs Notice of Motion to Quash Deposition Ruling ¿ Tentative Rulings: (1) CONTINUED to allow the Zion Bank Deposition to be completed (2) Mooted in light of the Courts determination that, especially given the tentative against Drakk on the MSJ, The Zion Bank depo must go forward per CCP section 437c(h). The birth of counsels child is just cause to need to re-schedule a deposition that counsel was to be taking Discussion This Court requested the parties to discuss the issues identified at the previous hearing involving section 7.2.5 of the PSA. Both sides submitted 5 pages of briefs relating to the construction of Section 7.2.5, and the Court has digested those briefs. The Court has also reviewed Mr. Kenneallys July 3, 2024 Declaration. At the to-be-continued hearing that will occur after the Zion Bank deposition, the Court has these additional thoughts for counsel to consider between now and then. In DRAKKs supplemental opposition brief, it argues that Defendant failed to provide any admissible evidence that the Property complied with the Conditions of Approval regarding the Tentative Parcel Map. The Court is puzzled by this argument because the Final Map, not merely the Tentative, was filed as having been entirely approved nearly a year after the September 26, 2019 tentative approval letter from the County Department of Regional Planning. At the continued hearing, DRAKKs counsel should be prepared to explain how any of the 2019 conditions of approval are material in light of the filing of the Final Parcel Map. Does not the filing of the Final Parcel Map establish local approval? Does not the filing of the Final Map prove compliance with the Subdivision Map Act? Is there any evidence before the Court that Mr. Kenneally raised any allegedly unsatisfied specific condition of approval with DRAKK after Sean became alarmed about PSIPs Notice of the September 25, 2020 Tract Map recording? The Courts tentative ruling to grant the defense MSJ posits that PSIP has carried its initial burden on an MSJ, so the burden is shifted to DRAKK to show a disputed issue that is material to the determination of the motion. As to DRAKKs argument that the closing date should be construed to be at least 15 days after the last of the filing of the Final Map, CC&Rs and Access Agreement, the Court tentatively finds that argument does not raise any triable issue of material fact. The undisputed evidence before the Court is that the Final Parcel Map recorded on September 4, 2020, the CC&Rs recorded on October 1, 2020, and the Access Agreement recorded on October 6, 2020, all of which are more than 15 days before the last extended deadline of October 30, 2020. How does that chronology raise a triable issue of fact as to the closing date? And how does the absence of the map itself in evidence raise a material issue of fact if it is undisputed that it was recorded more than 15 days before the extended closing date? The Court will not take oral argument on these Court questions at the July 16, 2024 continued hearing, but will take argument as to the date to which the hearing should be continued so that the Zion Bank deposition can be taken and (a likely now) expedited transcript can be submitted. The Court tentatively will permit each side to file yet another up to 5-page supplemental brief bearing on what if anything the Court should consider from the Zion Bank testimony, and will take oral argument as to whether the briefs should be filed simultaneously or DRAKK should file first and PSIP be given a later date for its response.
Ruling
TOMAS LLAMAS VS MARTIN ROBLES LOPEZ, ET AL.
Jul 18, 2024 |22STCV10115
Case Number: 22STCV10115 Hearing Date: July 18, 2024 Dept: 50 Superior Court of California County of Los Angeles Department 50 TOMAS LLAMAS, Plaintiff, vs. MARTIN ROBLES LOPEZ, et al., Defendants. Case No.: 22STCV10115 Hearing Date: July 18, 2024 Hearing Time: 10:00 a.m. ORDER RE: PLAINTIFFS REQUEST FOR DEFAULT JUDGMENT Plaintiff Tomas Llamas (Plaintiff) seeks entry of default judgment against Defendants Martin Robles Lopez and Francisca Montes De Oca aka Francisca Montesdeoca. Plaintiff seeks $1,961.73 in costs and judgment that the Covenant and Agreement Regarding Maintenance of Off-Street Parking Space recorded on August 7, 1959 authorizing three (3) parking spaces on the servient tenement for use by dominant tenement is extinguished. (See Proposed Judgment, Item 8.) The Court finds that Plaintiff has sufficiently supported his request with the submitted declarations and evidence. Therefore, Plaintiffs request is granted, and the Court will sign the judgment. No appearance at the hearing is necessary.¿¿ DATED: July 18, 2024 ________________________________ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court
Ruling
Charles Cox vs Richard Mroczek, et al
Jul 18, 2024 |23CV02337
23CV02337COX v. MROCZEK, et al. CONFIRMATION OF 6/28/24 ORDER TO GRANT DEFENDANTS’ MOTION TO STRIKE COMPLAINT AND OBJECTION TO DECLARATION OF NONMONETARY STATUS The court has reviewed plaintiff’s Notification of Objection to and Disapproval of AnyProposed Order or Other Order: 1) Granting Defendants’ Motion to Strike the Complaint; or 2)Striking Plaintiff’s First Amended Complaint. Plaintiff’s objections merely go to the process bywhich parties engage on proposed orders; CRC 3.1312 has no impact on the power of the courtto strike plaintiff’s amended complaint and dismiss this action. The court’s previous order of 6/28/24 granting defendants’ motion to strike plaintiff’samended complaint is confirmed, as is dismissal of this action. Defendants are ordered to submita formal dismissal order for the court’s signature. Page 1 of 2Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal orderincorporating, verbatim, the language of any tentative ruling – or attaching and incorporating thetentative by reference - or an order consistent with the announced ruling of the Court, inaccordance with California Rule of Court 3.1312. Such proposed order is required even if theprevailing party submitted a proposed order prior to the hearing (unless the tentative issimply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition ofsanctions following an order to show cause hearing, if a proposed order is not timely filed. Page 2 of 2
Ruling
SILVER BLOCK HOLDING COMPANY, LLC VS LAJOS GERBINO, ET AL.
Jul 16, 2024 |24SMCV02485
Case Number: 24SMCV02485 Hearing Date: July 16, 2024 Dept: 207 TENTATIVE RULING DEPARTMENT 207 HEARING DATE July 16, 2024 CASE NUMBER 24SMCV02485 MOTION Motion to Quash Service of Summons MOVING PARTIES Defendants Lajos Gerbino and Edith Molnar OPPOSING PARTY none BACKGROUND On May 23, 2024, Plaintiff Silver Block Holding Company, LLC (Plaintiff) filed an unlawful detainer complaint against Defendants Lajos Gerbino and Edith Molnar (Defendants.) On June 13, 2024, Plaintiff applied for an order to serve the summons by posting, which was granted the same day. The next day, on June 14, 2024, Defendants moved in pro per to quash service of the summons and complaint. The Court has not yet received an opposition, although because this is an unlawful detainer action, Plaintiff may file and serve a written opposition the day before the hearing or may make an opposition orally at the time of the hearing. (California Rules of Court, rule 3.1327(b)-(c).) LEGAL STANDARDS A. SERVICE A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication[.] (Code Civ. Proc., § 415.45, subd. (a).) The court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at his last known address. (Id. at subd. (b).) Service is complete on the 10th day after posting and mailing. (Id. at subd. (c).) On June 13, 2024, Plaintiff applied for an order to serve Defendants by posting. That application included a declaration of diligence, outlining several unsuccessful attempts to personally serve Defendants with a copy of the summons and complaint. Plaintiffs application to post was granted the same day. The following day, June 14, Defendants filed the instant motion to quash, arguing that Plaintiff only left a copy of the first page of the Complaint with one person, and without completing substitute service. (Motion at p. 3; Gerbino Decl. at lines 16-18.) As a threshold matter, the Court finds Defendants proof of service for the motion faulty. It indicates the declarant, Chelsea Cooper served a copy of the notice of motion and motion to Plaintiffs counsel AS FOLLOWS. I am readily familiar with the firms practice of collection and processing correspondence for mailing. Under that practice, it would be deposited within U.S. Postal Service on that same day with postage thereon fully prepaid at San Diego, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date of postage meter date is more than one day after the date of deposit for mailing in affidavit. This does not indicate that the declarant actually left the notice of motion and motion anywhere for mailing, or otherwise deposited it in the mail. Further, declarant does not specify which firm or firms practice the declarant refers to. Further, to the extent that, at the time Defendants filed the instant motion, Defendants had only received the copy of the summons that had been posted, such conduct would be consistent with service by posting, but such service would not yet have been complete, as service by posting is not complete until 10 days after posting and mailing a copy of the summons and complaint. CONCLUSION AND ORDER Therefore, the Court continues the hearing on the motion to September 23, 2024 at 8:30 A.M. in Department 207. Defendants shall provide notice of the motion and continued hearing by either personal service or by mail (regular or overnight) on or before July 26, 2024. Thereafter, Defendants shall file the notice with the Court with a proof of service on or before August 9, 2024. DATED: July 16, 2024 ___________________________ Michael E. Whitaker Judge of the Superior Court
Ruling
U.S. Bank Trust, N.A. vs. Sells
Jul 16, 2024 |22CV-0200669
U.S. BANK TRUST, N.A. VS. SELLSCase Number: 22CV-0200669Tentative Ruling on Order to Show Cause Re Dismissal: An Order to Show Cause ReDismissal (hereinafter “OSC”) issued May 31, 2024, to Plaintiff’s Counsel for failure to submit aproposed judgment as ordered on September 25, 2023. Counsel has submitted a response to theOSC Re: Dismissal, and a Request to Vacate an Order of Sanctions that was made by JudgeBoeckman on May 28, 2024.The Court declines to vacate its May 31, 2024 Order imposing sanctions. That issue is not properlybefore the Court. That order was issued by another judge and Counsel failed to appear at thehearing on that matter.A proposed judgment was lodged with the Court on June 24, 2024. However, the Court notes thatthe proposed judgment identifies two street addresses for the subject property, each of which aredifferent from the street address identified in the Request for Court Judgment by Default. TheCourt needs further clarification as to the correct address. The ‘correctness’ of the judgment isnot at issue in the instant OSC. Only the failure to timely provide the Court with a proposedjudgment is at issue in this hearing. Having reviewed counsel’s declaration, the Court finds goodcause to vacate the instant OSCThe Court confirms today’s review hearing set for 9:00 a.m.****************************************************************************** 9:00 a.m. Review Hearings******************************************************************************
Ruling
Eckelman, et al. vs. OLCO, Inc
Jul 17, 2024 |23CV-0202690
ECKELMAN, ET AL. VS. OLCO, INCCase Number: 23CV-0202690This matter is on calendar for review regarding status of the case and trial setting. The Court designates thismatter as a Plan II case and intends to set the matter for trial no later than January 22, 2025. The parties areordered to meet and confer prior to the hearing regarding proposed dates for trial. An appearance is necessaryon today’s calendar.
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U.S. Bank National Association, Not In Its Individual Capacity, But Solely As Indenture Trustee For Legacy Mortgage Asset Trust 2019-Gs7 v. Harry A. Antario A/K/A HARRY ANTARIO A/K/A HARRY A. ANTARIO, SR., United States Of America - Department Of The Treasury - Internal Revenue Service, Fia Card Services, N.A., Tribeca Asset Management, Llc, Capital One Bank, Midland Funding Llc D/B/A In New York As Midland Funding Of Delaware Llc A/S/I/I To A Chase Account, Fhs Hair Club Of Hauppauge, Inc., People Of The State Of New York O/B/O Town Supervisor, Town Of Islip, New York State Department Of Taxation And Finance, Joyce Brown
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