PHH Mortgage Corporation v. Kelly-Castillo et al.
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Opinion
USDC SDNY DOCUMENT ELECTRONICALLY FILED MEMORANDUM ENDORSEMENT DOC #: 7:26-cv-1363-NSR DATE FILED: _ 4/10/2026 □ PHH Mortgage Corporation v. Kelly-Castillo et al. Pro se Defendant Idellia Kelly-Castillo (“Defendant”) submitted a motion to dismiss the Complaint on April 8, 2026. (ECF No. 23.) However, Defendant did not file the required pre- motion conference letter as mandated by this Court’s local rules. Given Defendant’s status as a pro se litigant, the Court waives the pre-motion conference requirement and establishes the following briefing schedule: 1. Plaintiff is directed to serve (not file) their opposition on May 11, 2026; 2. Defendant’s reply is to be served on June 10, 2026. All motion papers are to be filed by Plaintiff, including pro se Defendant’s reply papers, on the reply date, June 10, 2026. The parties are directed to mail two physical copies and Plaintiff is further directed to email an electronic copy to Chambers of each set of motion documents, including pro se Defendant’s reply, as they are served. The Clerk of Court is kindly directed to mail this Endorsement to pro se Defendant to the following address: 2330 Holland Avenue, Bronx, NY 10467. The Clerk of Court is also directed to add that address on the docket, and to designate this matter with the appropriate pro se label.
Dated: April 10, 2026 50 ORDERED: White Plains, NY PO°"“U Sap NELSON S. ROMAN United States District Judge
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
ne □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ eennn nen ener PHH Mortgage Corporation Civil action No. 26-CV-01363 (NSR) Plaintiff NOTICE OF DEFENDANT’S MOTION Vv TO DISMISS PURSUANT TO RULE Idellia Kelly-Castillo 12 (B) (1), 12 (B) (3) & 12 (B) (6) New York City Parking Violations Bureau New York City Environmental Control Board New York City Transit Adjudication Bureau 2 “John Doe #1” through “John Doe #12,” the last twelve names being 5 □ fictitious and unknown to plaintiff, the persons or parties intended being ot □ the tenants, occupants, persons or Corporations, if any, having or claiming = □ □
an interest in or lien upon the subject property described in the complaint. □
Defendants
eee ee te ee nee ene neem catinmmmmenn PLEASE TAKE NOTICE that, upon the pleadings and the exhibits attached to the motion, defendant Idellia Kelly-Castillo move before the Hon. Nelson 8. Roman, United states District Judge at the United States Courthouse for the Southern District of New York, 40 Foley Square, New York, New York, at a date to be determined by this Court, for an order pursuant to Federal Rules of Civil Procedure 12 (b) (1), 12 (b) (3), and 12 (b) (6), dismissing all claims against defendant with prejudice in their entirety, sanction plaintiff and its attorney for their frivolous conduct, and awarding such other relief as the Court may deem just and proper.
Opposition papers shall be filed on or before May 7, 2026. Reply papers shall be filed on or before May 21, 2026.
Dated: Bronx, New York April 6, 2026
Respectfully Submitted
Pro Se Defendant Idellia Kelly-Castillo 2330 Holland Avenue Bronx, NY 10467 347-931-6935 To: □ Robertson, Anschutz, Schneid, Crane & Partners, PLLC 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675
pee nn □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ cent mumnenennnenenenn KR PHH Mortgage Corporation Civil action No. 26-CV-01363 (NSR) Plaintiff
Idellia Kelly-Castillo New York City Parking Violations Bureau New York City Environmental Control Board New York City Transit Adjudication Bureau “John Doe #1” through “John Doe #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or Corporations, if any, having or claiming an interest in or lien upon the subject property described in the complaint. Defendants cere nnn reece earn ne ee nnemennmmnenee nn seenenen
DEFENDANT’S RULE 12 (B) (1), 12 (B) (3) & 12 (B) (6) MOTION TO DISMISS Defendant Idellia Kelly-Castillo files this motion to dismiss plaintiff's PHH Mortgage Corporation’s foreclosure complaint under Federal Rules of Civil Procedure 12 (b) (1), 12 (b) (3), and 12 (b) (6), showing in support as follows:
PRELIMINARY STATEMENT Plaintiff PH Mortgage Corporation seeks to foreclose against defendant’s home in the Southern District of New York. The facts and evidence will show that plaintiff is foram shopping because PHH Mortgage predecessor, U.S. Bank Trust Company National association as Trustee brought two prior foreclosure actions against defendant in the Bronx County Supreme Court which were dismissed. Mortgage Corporation filed thirteen separate foreclosure actions against defendants in the Bronx County Supreme Court from January 1, 2025 to April 3, 2026 and most of those complaints were filed by the law firm of Robert, Anschutz, Schneid, Crane & Partners PLLC, formerly known as Ras Boriskin LLC. RAS Boriskin LLC, changed its name to Robert, Anschutz, Schneid, Crane & Partners PLLC, after its principal and founder Sara Z. Boriskin was sued in the case of Weaver v Boriskin. See the decision of the Second Circuit Court of Appeals in Weaver v Boriskin with docket No. 17- 3413. The facts and evidence in the case of Weaver v Boriskin shows that Boriskin executed three separate assignment of mortgages purporting to be assistant Secretary of MERS, while Boriskin
was manager of the foreclosure Department of the law firm of Berkman, Henoch, Peterson & Peddy, P.C., which were then submitted to the Courts te manufacture standing. Boriskin then sent lawyers who she managed to the Court to make false representations which procured decisions based upon fraud. The burden then shifts to the plaintiff to produce evidence of its own, If it does, the District Court must make findings of fact to decide standing. Plaintiff is trying to circumvent the defects in its predecessor case, U.S. Bank in State Court
.
STATEMENT OF FACTS On June 30, 2016 the law firm of Leopold & Associates, PLLC, initiated a foreclosure action against defendant on behalf of U.S. Bank National association as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KSL, in the Bronx County Supreme Court with index No. 32571/2016E. Exhibit A. Summons and first page of complaint in the case of U.S. Bank National association as Trustee v Idellia Kelly-Castillo with index No. 32571/2016E.
Defendant filed an answer with affirmative defenses and the Court dismissed the complaint. On February 26, 2024 the law firm of Aldridge Pite LLP, initiated a second foreclosure action against defendant on behalf of U.S. Bank National association as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KSI, in the Bronx County Supreme Court with index No, 803193/2024E. Exhibit B. Summons and first page of the complaint in the case of U.S. Bank National association as Trustee v Idellia Kelly-Castillo with index No. 803193/2024E,
On December 26, 2025 RAS Boriskin LLC, prepared an assignment of mortgage from U.S. Bank National association as Trustee to PHH Mortgage Corporation which was backdated to show the date of November 26, 2025 which was executed by Yanique Atkinson Edwards purporting to be Coordinator of U.S. Bank National association as Trustee. Exhibit C. Assignment of mortgage from U.S. Bank National association as Trustee to PHH Mortgage Corporation prepared by RAS Boriskin LLC, recorded and returned to RAS Legal Group which is a foreclosure facilitator located within the plaintiff's law firm.
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USDC SDNY DOCUMENT ELECTRONICALLY FILED MEMORANDUM ENDORSEMENT DOC #: 7:26-cv-1363-NSR DATE FILED: _ 4/10/2026 □ PHH Mortgage Corporation v. Kelly-Castillo et al. Pro se Defendant Idellia Kelly-Castillo (“Defendant”) submitted a motion to dismiss the Complaint on April 8, 2026. (ECF No. 23.) However, Defendant did not file the required pre- motion conference letter as mandated by this Court’s local rules. Given Defendant’s status as a pro se litigant, the Court waives the pre-motion conference requirement and establishes the following briefing schedule: 1. Plaintiff is directed to serve (not file) their opposition on May 11, 2026; 2. Defendant’s reply is to be served on June 10, 2026. All motion papers are to be filed by Plaintiff, including pro se Defendant’s reply papers, on the reply date, June 10, 2026. The parties are directed to mail two physical copies and Plaintiff is further directed to email an electronic copy to Chambers of each set of motion documents, including pro se Defendant’s reply, as they are served. The Clerk of Court is kindly directed to mail this Endorsement to pro se Defendant to the following address: 2330 Holland Avenue, Bronx, NY 10467. The Clerk of Court is also directed to add that address on the docket, and to designate this matter with the appropriate pro se label.
Dated: April 10, 2026 50 ORDERED: White Plains, NY PO°"“U Sap NELSON S. ROMAN United States District Judge
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
ne □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ eennn nen ener PHH Mortgage Corporation Civil action No. 26-CV-01363 (NSR) Plaintiff NOTICE OF DEFENDANT’S MOTION Vv TO DISMISS PURSUANT TO RULE Idellia Kelly-Castillo 12 (B) (1), 12 (B) (3) & 12 (B) (6) New York City Parking Violations Bureau New York City Environmental Control Board New York City Transit Adjudication Bureau 2 “John Doe #1” through “John Doe #12,” the last twelve names being 5 □ fictitious and unknown to plaintiff, the persons or parties intended being ot □ the tenants, occupants, persons or Corporations, if any, having or claiming = □ □
an interest in or lien upon the subject property described in the complaint. □
Defendants
eee ee te ee nee ene neem catinmmmmenn PLEASE TAKE NOTICE that, upon the pleadings and the exhibits attached to the motion, defendant Idellia Kelly-Castillo move before the Hon. Nelson 8. Roman, United states District Judge at the United States Courthouse for the Southern District of New York, 40 Foley Square, New York, New York, at a date to be determined by this Court, for an order pursuant to Federal Rules of Civil Procedure 12 (b) (1), 12 (b) (3), and 12 (b) (6), dismissing all claims against defendant with prejudice in their entirety, sanction plaintiff and its attorney for their frivolous conduct, and awarding such other relief as the Court may deem just and proper.
Opposition papers shall be filed on or before May 7, 2026. Reply papers shall be filed on or before May 21, 2026.
Dated: Bronx, New York April 6, 2026
Respectfully Submitted
Pro Se Defendant Idellia Kelly-Castillo 2330 Holland Avenue Bronx, NY 10467 347-931-6935 To: □ Robertson, Anschutz, Schneid, Crane & Partners, PLLC 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675
pee nn □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ cent mumnenennnenenenn KR PHH Mortgage Corporation Civil action No. 26-CV-01363 (NSR) Plaintiff
Idellia Kelly-Castillo New York City Parking Violations Bureau New York City Environmental Control Board New York City Transit Adjudication Bureau “John Doe #1” through “John Doe #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or Corporations, if any, having or claiming an interest in or lien upon the subject property described in the complaint. Defendants cere nnn reece earn ne ee nnemennmmnenee nn seenenen
DEFENDANT’S RULE 12 (B) (1), 12 (B) (3) & 12 (B) (6) MOTION TO DISMISS Defendant Idellia Kelly-Castillo files this motion to dismiss plaintiff's PHH Mortgage Corporation’s foreclosure complaint under Federal Rules of Civil Procedure 12 (b) (1), 12 (b) (3), and 12 (b) (6), showing in support as follows:
PRELIMINARY STATEMENT Plaintiff PH Mortgage Corporation seeks to foreclose against defendant’s home in the Southern District of New York. The facts and evidence will show that plaintiff is foram shopping because PHH Mortgage predecessor, U.S. Bank Trust Company National association as Trustee brought two prior foreclosure actions against defendant in the Bronx County Supreme Court which were dismissed. Mortgage Corporation filed thirteen separate foreclosure actions against defendants in the Bronx County Supreme Court from January 1, 2025 to April 3, 2026 and most of those complaints were filed by the law firm of Robert, Anschutz, Schneid, Crane & Partners PLLC, formerly known as Ras Boriskin LLC. RAS Boriskin LLC, changed its name to Robert, Anschutz, Schneid, Crane & Partners PLLC, after its principal and founder Sara Z. Boriskin was sued in the case of Weaver v Boriskin. See the decision of the Second Circuit Court of Appeals in Weaver v Boriskin with docket No. 17- 3413. The facts and evidence in the case of Weaver v Boriskin shows that Boriskin executed three separate assignment of mortgages purporting to be assistant Secretary of MERS, while Boriskin
was manager of the foreclosure Department of the law firm of Berkman, Henoch, Peterson & Peddy, P.C., which were then submitted to the Courts te manufacture standing. Boriskin then sent lawyers who she managed to the Court to make false representations which procured decisions based upon fraud. The burden then shifts to the plaintiff to produce evidence of its own, If it does, the District Court must make findings of fact to decide standing. Plaintiff is trying to circumvent the defects in its predecessor case, U.S. Bank in State Court
.
STATEMENT OF FACTS On June 30, 2016 the law firm of Leopold & Associates, PLLC, initiated a foreclosure action against defendant on behalf of U.S. Bank National association as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KSL, in the Bronx County Supreme Court with index No. 32571/2016E. Exhibit A. Summons and first page of complaint in the case of U.S. Bank National association as Trustee v Idellia Kelly-Castillo with index No. 32571/2016E.
Defendant filed an answer with affirmative defenses and the Court dismissed the complaint. On February 26, 2024 the law firm of Aldridge Pite LLP, initiated a second foreclosure action against defendant on behalf of U.S. Bank National association as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KSI, in the Bronx County Supreme Court with index No, 803193/2024E. Exhibit B. Summons and first page of the complaint in the case of U.S. Bank National association as Trustee v Idellia Kelly-Castillo with index No. 803193/2024E,
On December 26, 2025 RAS Boriskin LLC, prepared an assignment of mortgage from U.S. Bank National association as Trustee to PHH Mortgage Corporation which was backdated to show the date of November 26, 2025 which was executed by Yanique Atkinson Edwards purporting to be Coordinator of U.S. Bank National association as Trustee. Exhibit C. Assignment of mortgage from U.S. Bank National association as Trustee to PHH Mortgage Corporation prepared by RAS Boriskin LLC, recorded and returned to RAS Legal Group which is a foreclosure facilitator located within the plaintiff's law firm.
What is strange on the cover page of the assignment of mortgage, is that both the assignor and the assignee have the same address. The evidence in the case of Weaver v Boriskin shows that Boriskin executed three separate assignment of mortgages purporting to be assistant Secretary of MERS, while Boriskin was
manager of the foreclosure Department of the law firm of Berkman, Henoch, Peterson & Peddy, P.C., which were submitted to the Court to manufacture standing. Weaver v Boriskin, 751 F. App x 96 (2d Cir. 2018). Plaintiff would first have to own the security instrument before serving defendant with the 30 day notice required by the mortgage contract before initiation legal action. In addition, plaintiff would have to own the security instrument before serving defendant with the 90 day notice required by RPAPL § 1304. The assignment of mortgage was backdated to show the date of November 26, 2025, recorded on December 3, 2025, and plaintiff filed its complaint on February 18, 2026. Therefore, plaintiff failed to comply with RPAPL § 1304. Paragraph Nos. 9 and 10 of plaintiffs complaint states, “This action is between citizens of different states. The amount in controversy, exclusive of interest and costs, exceeds $75,000.00. Therefore, jurisdiction is based upon diversity of citizenship pursuant to 28 U.S.C. § 1332. Venue is deemed proper in this District pursuant to 28 U.S.C. § 1391. A substantial part of the events giving rise to this action took place within the jurisdiction of this Court and the subject property is located in this District. A search of the Bronx County Supreme Court records shows that between January 1, 2025 and April 3, 2026 plaintiff initiated foreclosure action against thirteen different defendants.
Exhibit D. NYSCEF search for PHH Mortgage Corporation in the Bronx County Supreme Court.
On February 5, 2025 Sara Z. Boriskin of the law firm of Robertson, Anschutz, Schneid, Crane & Partners PLLC, initiated legal action against Maureen Thompson on behalf of PHH Mortgage Corporation in the Bronx County Supreme Court with index No, 802841/2025E. Exhibit E. Complaint in the case of PHH Mortgage Corporation v Maureen Thompson filed by Sara Z. Boriskin of the law firm of Robertson, Anschutz, Schneid, Crane & Partners PLLC, in the Bronx County Supreme Court with index No. 802841/2025E,
The record now shows that PHH Mortgage Corporation is actively conducting business in the Bronx County Supreme Court and therefore, do not meet the standard of Diversity. The third foreclosure complaint was filed in the Southern District with intent to deprive defendant of her due process rights and circumvent the prior decisions of the Bronx County Supreme Court in the cases of U.S. Bank National association as Trustee v Idellia Kelly-Castillo. THE ASSIGNMENT OF MORTGAGE IS INVALID The mortgage contract between defendant and the loan originator Concord Mortgage Corp., was executed on August 22, 2003. Exhibit F. Mortgage contract between defendant and the loan originator Concord Mortgage Corp., dated August 22, 2003.
Defendant contends that the assignment of mortgage from Mortgage Electronic Registration Systems, Inc., to Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial LLC F/K/A Homecomings Financial Network Inc., is invalid because the facts and evidence in the public record shows that Mortgage Electronic Registration Systems Inc., was not the loan originator, and the fact that the assignment of mortgage was executed by G. Jablonski October 2, 2006 purporting to be assistant Secretary of MERS shows that documents were manufactured for the purposes of litigation, in order to get standing in the Courts.. Exhibit G. Assignment of mortgage from MERS to MERS as nominee for Homecomings Financial executed by G. Jablonski purporting to be assistant Secretary of Mortgage Registration Systems, Inc., on October 2, 2006.
the first assignment of mortgage is defective, then all subsequent assignment of mortgages are null and void of all force and or effect. Therefore, any assignment of mortgage to plaintiff null and void. Accotdingly, defendant Idellia Kelly-Castillo has met her initial burden of proof that U.S. Bank Trust Company National association as Trustee, and his its successor PHH Mortgage Corporation do not have the legal capacity to sue. “An assignment of a mortgage without assignment of the underlying note or bond is a nullity, and no interest is acquired by it.” HSBC Bank USA v Hernandez, 92 AD3d 843, 843 {2012}; See also Kluge v. Fugazy, 145 AD2d 537, 538 {1988} holding that, “Foreclosure of a mortgage may not be brought by one who has no titie to it and absent transfer of the debt, the assignment of the mortgage is a nullity.”
“Finding that an assignment of the mortgage without the note is a nullity.” See Carpenter v Longan, 83 U.S. at 274, “In the event that a mortgage loan somehow separates interests of the note and the Deed of Trust, with the Deed of Trust lying with some independent entity, the mortgage may become unenforceable.” Landmark Nat’! Bank v Kesler, 216 P.3d 158, 166-67 (Kan, 2009). Because PHH Mortgage Corporation has no valid interest in the security instrament on the date the complaint was filed, then plaintiff could not have served defendant with the notice of intent to foreclose before initiating legal action. THERE IS NO EVIDENCE OF THE DATE OF PHYSICAL DELIVERY OF THE NOTE TO PLAINTIFF The note contains an undated endorsement indorsed to Residential Funding Company LC, by Josh Ngeno purporting to be assistant Secretary of Homecomings Financial LLC, which was manufactured for the purposes of litigation, in order to get standing in the Court. There is a second undated endorsement in blank to U.S. Bank National association as Trustee by Judy Faber purporting to be Vice President of Residential Funding Company LLC. Robert, Anschutz, Schneid, Crane & Partners PLLC, filed a note with six undated endorsements. Exhibit H. Note filed by the law firm of Robert, Anschutz, Schneid, Crane & Partners PLLC,
Defendant demands an in person inspection of the wet ink note, in order to determine the age of the paper via its watermarks, and to further inspect the wet ink note for defendant’s F ingerprints via the process of Iodine Fuming with the assistance of a Forensic Document Examiner and Hand Writing Expert.
Further, there is no endorsement on the note to plaintiff and there is no evidence in the record of the date of physical delivery of the note to plaintiff. Thus, plaintiff possessed absolutely no interest in the subject property because the chain of title has been compromised. “Again, here, there is no evidence that it took physical delivery of the note and mortgage before commencing this action, and again, the written assignment was signed after the defendant was served, The assignment’s language purporting to give retroactive effect, absent a prior or contemporary delivery of the note and mortgage, is insufficient to grant it standing.” Deutsche Bank Trust Company Americas v Peabody, 866 N. Y.S.2d 91 (N.Y. Sup. Ct. 2008). Public record shows that the chain of custody for the note fails to comport to the chain of title for the mortgage because there are six undated endorsements on the note, but there is only five assignment of mortgages which has caused bifurcation, “Where an affidavit, in this case of the plaintiffs servicing agent, fails to give any factual details
as to the physical delivery of the note, it fails to establish that the plaintiff had physical possession of the note prior to commencement of the action.” U.S. Bank Nat. Ass’n v. Weinman, 123 A.D.3d 1108, 2 NYS3sd 128 (274 Dep’t 2014). Defendant further allege based upon the factual documents attached hereto and exhibits, and on information and belief, that the plaintiff, by and through their agents, either created or caused to be created the drafting, execution, and recording of this instrument which is legally void, the subject of a forgery, containing fraudulent information and or the identity of the individuals and
or entities stated therein, as well as the result of notary fraud, and the product of robo-signing.
ARGUMENT On February 18, 2026 the law firm of Robertson, Anschutz, Schneid, Crane & Partners PLLC, initiated a third foreclosure action in the Southern District of New York against defendant on behalf of PHH Mortgage Corporation. Defendant now move to dismiss the plaintiff's complaint pursuant to Fed. R. Civ. P. 12 (b) (4), 12 (b) (3), and 12 (b) (6). Plaintiff lacks standing to sue in Federal Court, and this Court therefore lacks subject matter jurisdiction. Plaintiff is asking the Court to deprive defendant of her due process rights. Plaintiff is also asking the Court to circumvent the prior decisions of the Bronx County Supreme Court in the decisions of U.S. Bank National association as Trustee v Idellia Kelly-Castillo. PLAINTIFE’S COMPLAINT SHOULD BE DISMISSED PURSUANT TO RULE 12 (B) (1), 12 (B) (3), AND 12 (B) (6) Plaintiff is engaging in forum shopping with intent to circumvent the prior decisions of the Bronx County Supreme Court in the cases of U.S. Bank National association as Trustee v Idellia Kelly-Castillo. Even if plaintiff had a valid cause of action, they are required to file their foreclosure complaint in State Court because foreclosure is a State rights issue. Foreclosure is primarily a State rights issue, meaning the Laws, procedures, and timelines governing the process are determined by the individual State where the property is located. On tule 12 (b) (1) motion, a defendant can make a fact-based challenge to standing by offering evidence beyond the pleading. Carter v Healthport Techs., LLC, 822 F.3d 47, 57 (2d Cir. 2016).
1i
On a motion to dismiss for lack of subject matter jurisdiction pursuant to rule 12 (b) (1) of the Federal Rules of Civil Procedure, the plaintiff bears the burden of establishing that jurisdiction exist by a preponderance of the evidence. Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). In ruling on such a motion, a Court may consider evidence outside the pleadings without converting the motion to dismiss into a motion for summary judgment. Luckett v. Bure, 290 F.3d 493, 496-97 (2d Cir. 2002). Plaintiffs Diversity argument also fails because defendants New York City Parking Violations Bureau, New York City Environmental Control Board, and New York City Transit Adjudication Bureau ate all located within the City of New York. “When determining the sufficiency of a claim for rule 12 (b) (6) purposes, consideration is limited to the factual allegations in plaintiffs complaint, which are accepted as true, to documents attached to the complaint as an exhibit or incorporated in it by reference, to matters of which judicial notice may be taken, or to documents either in plaintiffs possession or of which plaintiffs had knowledge and relied on in bringing suit.” Brass v, Am. Film Techs., Inc., 987 F.2d 142, 150 (2d Cir, 1993). Where a rule 12 (b) (6) motion is based on a plaintiff's failure to exhaust administrative remedies, the Court may consider agency proof that the plaintiff did not exhaust those remedies without converting the motion from one for dismissal under rule 12 (b) (6) to a motion for
summary judgment. See Holowecki v. Federal Express Corp., 440 F.3d 558, 565 (2d Cir. 2006). A case may be properly dismissed for lack of subject matter jurisdiction pursuant to rule 12 (b) (1) “When the District Court lacks the statutory or constitutional power to adjudicate it.” Makarova v United States, 201 F.3d 110, 113 (2d Cir. 2000).
The facts and evidence submitted in this motion shows that plaintiff's current attormmey, the law firm of Robert, Anschutz, Schneid, Crane & Partners PLLC, do not have first-hand knowledge of the facts in this case and therefore, cannot testify to the fact accuracy of the documents manufactured for the purposes of litigation, and submitted to the Court in order to manufacture standing, “Tn contrast to the standard for a motion to dismiss for failure to state a claim under rule 12 (b) (6), a plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.” Mac Pherson v. State St. Bank & Trust Co., 452 F. Supp. 2d 133, 136 (E.D.N.Y, 2006) (quoting Makarova, 201 F.3d at 113), aff'd, 273 F. App x 61 (2008); see also Tomaino v. United States, 2010 WL 1005896, at *1 (E.D.N.Y. Mar, 16, 2010). Plaintiff and its attorneys manufactured an assignment of mortgage from U.S, Bank National association as Trustee to PHH Mortgage Corporation then initiated this action in Federal Court with intent to circumvent the prior orders of the Bronx County Supreme Court with intent to deprive defendant of their due process rights. “Although the Court must accept the complaint’s well-pleaded factual allegations as true, the Court should not credit legal conclusions couched as factual allegations, formulaic recitations of the elements of a claim, or even conclusory allegations of fact. See Saunders v. Bank of Am., No. 12 CIV. 9201 GBD RLE, 2014 WL 5089501, at *7 (S.D.N_Y. Sept. 22, 2014); Salas v. New York City Dep’t of Investigation, No. 16-CV-8573 (RA), 2018 WL 1614339, at *2 (S.D.N_Y. Mar. 30, 2018). Nor must this Court credit allegations that are contradicted by documents incorporated into the complaint by reference or by documents of which it may take judicial notice, In re Yukos Oil Co. Sec. Litig., No. 04 CIV. 5423 (WHP), 2006 WL 3026024, at *12 (S.D.N.Y. Oct, 25, 2006).
Plaintiff lacks standing to sue defendant, as it was not a party to the mortgage contract attached to the complaint, and there is no document attached to the complaint that evidences the plaintiff's relationship to the original lender. The inability to attach the documentation evidencing the plaintiff's right to bring this action violates and is not in compliance with New York Law evidencing any assignment of right to the plaintiff to file this action. “The Supreme Court improvidently exercised its discretion, however, in denying that branch of the defendant’s motion which was to impose sanctions upon the plaintiff and its counsel pursuant to 22 NYCRR 130-1.1. The defendant demonstrated that the plaintiff and its counsel engaged in frivolous conduct in that they either did not have the necessary documentation upon which to formulate or support a meritorious claim, or, being in possession of the documentation, knew or should have known, based upon prior litigation and correspondence from the defendant, that the plaintiff’s claim was completely without merit in law. Under the circumstances, we deem it appropriate to impose sanctions upon the plaintiff in the sum of $2,500, and upon the plaintiff's counsel in the sum of $1,000 (see 22 NYCRR 130-1.1), payable pursuant to 22 NYCRR 130- 1.3.” Commissioners of State Ins. Fund v Kernel 2012 NY Slip Op 00482. CONCLUSION
Wherefore, defendant Kelly-Castillo respectfully requests that this action be dismissed with prejudice for lack of subject matter jurisdiction, failure to serve defendant with the 90 day notice required by RPAPL § 1304, cancel the notice of pendency for lack of standing, and sanctions plaintiff and its attorney pursuant to 22 NYCRR § 130-1.1, for initiating a frivolous foreclosure action and for practicing fraud upon the Court, and for any other relief this Court deems just and
proper under the circumstance.
Dated: April 6, 2026 Respectfully Submitted SN tliltre Kilby Lett □□□ Idetlia Kelly-Castillo Pro Se Defendant 2330 Holland Avenue Bronx, NY 10467 347-931-6935
EXHIBIT A
DOC. NO. 1 RECEIVED NYSCEF: 06/30/2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX U.S. BANK NATIONAL ASSOCIATION, AS TRUSTER ENDEX NO.: FOR RESIDENTIAL ASSET SECURITIES Date Filed: CORPORATION, HOME EQUITY MORTGAGE ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES Z2007-KS1,
Plaintiff{s), SUMMONS
-against- Plaintiff designates TIDELLIA KELLY-CASTILLO, NEW YORK CITY BRONX County as the ENVIRONMENTAL CONTROL BOARD, place of trial "JOHN DOE #1" through "JOHN DOE #12," the last twelve names being fictitious and Premises: unknown to plaintiff, the persons or 2330 HOLLAND AVENUE, parties intended being the tenants, BRONX, NY 10467 occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the Venue is based upon complaint, County in which the premises are situated Defendant(s). — — _— — — — — — _ □ — —_ — a — — — — x To the above named Defendant(s}:
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 attorneys 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.
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service {or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated: Armonk, New York June 28, 2016
LEOPOLD & ASSOCIATES, PLLC
BY: Edvin Markisich Attorneys for Plaintiff 80 Business Park Drive Suite 110 Armonk, NY 10504 914~219-5787
DOC. WO. 47 RECEIVED NYSCEF: 01/05/2(
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX mem mm mm OF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTER INDEX NO.: FOR RESIDENTIAL ASSBT SECURITIES Date Filed: CORPORATION, HOME EQUITY MORTGAGH ASSET- , BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-KS1,
Plaintiff (s), COMPLAINT FOR ~against- PORECLOSURE OF A MORTGAGE TDELLIA KELLY-CASTILLO, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD,
“JOHN DOE #1" through “JOHN DOE #12," the last twelve names being fietitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant (s) - me mma amet ee wea eee ate mee Plaintiff by its attorneys LEOPOLD & ASSOCIATES, PLLC, hereby allege upon information and belief: 1. On or about August 22, 2003 defendant IDELLIA KELLY-CASTILLO borrowed the sum of $341,905.00- from: Concoxd Mortgage Corp., by a certain nota dated the same date. In order to collaterally secure the aforesaid obligation, defendant IDELLIA KBLLY-CASTILLO, delivered to the plaintiff or plaintiff's assignor a mortgage in the same amount which was recorded in Official Records City Register File No. 9003000331595, in the Office of the Clerk ef the County of BRONX on
4 of 14
EXHIBIT B
DOC. NO. 1 ) — RECEIVED NYSCEF: 02/26/2
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX wn eee eee ---X INDEX NO.: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, DATE FILED: AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SUMMONS RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- Plaintiff designates BRONX THROUGH CERTIFICATES, SERIES 2007-KS1, County as the Place of Trial Plaintiff, Designation of Venue is based upon the situs of the -against- Subject Property IDELLIA KELLY-CASTILLO, NEW YORK CITY Subject Property: ENVIRONMENTAL CONTROL BOARD, and "JOHN DOE" 2330 Holland Avenue and "JANE DOE," the last two names being fictitious, said Bronx, NY 10467 parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). we eee ee eee eee eee eee ee eee eee XK TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint.
Doc. No. 1 Te RECEIVED NYSCEF: 02/26/2!
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 whe 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 ge to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.
Dated: 14 dayof February , 2024 Melville, New York ALDRIDGE PITE, LLP
By: Gabrielle Costa, Esq. Attorneys for Plaintiff Six Piedmont Center 3525 Piedmont Road, N.E. Suite 700 Atianta, GA 30305 631-454-8059
ere See rr SS NO, 1 RECEIVED NYSCEF: □□□□□□□□
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX we eee eee eee X U.S. BANK. TRUST COMPANY, NATIONAL ASSOCIATION, INDEX NO.: AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO U.S. DATE FILED: BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- COMPLAINT THROUGH CERTIFICATES, SERIES 2007-KS1, Plaintiff, -against- IDELLIA KELLY-CASTILLO, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, and "JOHN DOE" and “JANE DOE," the last two names being fictitious, said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). we ee ee eee ee X The Complaint of the above-referenced Plaintiff, by its attorneys, Aldridge Pite, LLP, complains and alleges upon information and belief as follows: NATURE OF THIS ACTION 1. This action is brought and pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the consolidated mortgage dated October 20, 2006 and recorded on November 9, 2006, at CRFN: 2006000624499, in the Public Records of the County of BRONX, State of New York (hereinafter referred to as the “Subject Mortgage’). The Mortgage Tax was duly paid. 2. The premises (hereinafter referred to as “Subject Property”) which forms the subject of this action is fully described in Schedule “A” attached hereto.
EXHIBIT C
NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part of the instrument. The City Register will rely on the information provided by you on this page for purposes of indexing this instrument. The information on this page will control for indexing purposes in the event of any conflict with the rest of the document. 90251202010 1 500 10C1E4A79 RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 □□□ Document FD: 2025120201015001 Document Date: 11-26-2025 Preparation Date: 12-02-2025 Document Type: ASSIGNMENT, MORTGAGE Document Page Count: 4 PRESENTER: RETURN TO: RAS BORISKIN, LLC RAS LEGAL GROUP 900 MERCHANTS CONCOURSE 900 MERCHANTS CONCOURSE SUITE 310 WESTBURY, NY 11590 WESTBURY, NY 11590 NYSTRECORDING@RASLG.COM SUPPORT@SIMPLIFILE.COM
PROPERTY DATA Borough Block Lot Unit Address BRONX 4348 19 Entire Lot 2330 HOLLAND AVENUE Property Type: DWELLING ONLY - 2 FAMILY
CROSS REFERENCE DATA CREN: 2003000331595 PARTIES ASSIGNOR/OLD LENDER: ASSEGNEE/NEW LENDER: US BANK NATIONAL ASSOCIATION PHH MORTGAGE CORPORATION 166] WORTHINGTON ROAD SUITE 100 1661 WORTHINGTON ROAD SUITE 100 WEST PALM BEACH, FL 33409 WEST PALM BEACH, FL 33409
FEES AND TAXES Mortgage : Filing Fee: Mortgage Amount: § 0.00 $ 0.00 Taxable Mortgage Amount: | $ 0.06 NYC Real Property Transfer Tax: Exemptions | $ 0.00 TAXES: County (Basic): $ 0.06 NYS Real Estate Transfer Tax: City (Additional): | $ 6.00 $ 6.00 Spec (Additional):| $ 0.00 RECORDED OR FILED IN THE OFFICE Baa Cv NEWYORK SOT 0.00 sf % CITY OF NEW YORK $ 0.00 fo 4% Recorded Filed 12-03-2025 16:45 Additional MRT: § 0.00 iy ara HSE City Register FileNo(CREN): TOTAL: | $0.00) gk Ay es 4025000328054 $ 57.00 ete RG | | |
ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS:
Block: 4348 Lot: 19 That U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2007-KS1 whose address is c/o PHH Mortgage Corporation, 1661 Worthington Road, Suite 100, West Paim Beach, FL 33409, assignor, for good and valuable consideration, received from or on behalf of PHH MORTGAGE CORPORATION, whose address is 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, Assignee, hereby assigns unto the assignee, a certain Mortgage dated August 22, 2003 made by IDELLIA KELLY-CASTILLO to CONCORD MORTGAGE CORP. in the principal sum of $341,905.00 and recorded in the Bronx County Register’s Office on September 5, 2003 in CRFN 2003000331595,
Said Mortgage was assigned from CONCORD MORTGAGE CORP. to FIRST NATIONAL BANK OF NEVADA, A NATIONAL BANKING ASSOCIATION by Assignment of Mortgage recorded in the Bronx County Register’s Office on September 5, 2003 in CRFN 200300033 1596.
Said Mortgage was assigned from FIRST NATIONAL BANK OF NEVADA, A NATIONAL BANKING ASSOCIATION to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. by Assignment of Mortgage recorded in the Bronx County Regiater’s Office on August 9, 2004 in CRFN 2004000488596,
Said Mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC. by Assignment of Mortgage recorded in the Bronx County Register’s Office on November 9, 2006 in CRFN 2006000624497,
A certain Mortgage dated October 20,2006 made by IDELLIA KELLY-CASTILLO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOMECOMINGS 25-370331 - jg
FINANCIAL, LLC F/K/A HOMECOMEINGS FINANCIAL NETWORK, INC. in the principal sum of $50,722.88 and recorded in the Bronx County Register’s Office on November 9, 2006 in CRFN 2006000624498.
A certain Consolidation Extension and Modification Agreement dated October 20,2006 made by IDELLIA KELLY-CASTILLO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC. which consolidated the mortgages above to form a single lien in the amount of $383,900.00 and recorded in the Bronx County Register’s Office on November 9, 2006 in CRFN 2006000624499. Said Mortgages, as consolidated, were assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, AS NOMINEE FOR HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC, to U.S, BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET- BACKED PASS-THROUGH CERTIFICATES, SERJES 2007-KS1 by Assignment of Mortgage recorded in the Bronx County Register’s Office on July 5, 2016 in CREN 2016000225328.
The mortgaged premises is known a3 2330 HOLLAND AVENUE, BRONX, NY 10467. Said premises is also known as Block 4348, Lot 19.
SEE SCHEDULE "A", ATTACHED, FOR LEGAL DESCRIPTION
TO HAVE AND TO HOLD the same unto the said assignee, its successors and assigns, but without recourse on the undersigned, This assignment is not subject to the requirements of Section 275 of the Real Property Law because it is an assignment within the secondary mortgage market.
25-37033) - jg
In Witness Whereof, the said Assignor has hereunto set his hand and seal or caused these presents to be signed by its proper corporate officers and its corporate seal to be hereto affixed, this 26 day of NOVEMBER, 2025.
U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KS1 by PHH Mortgage Corporation as Attomey in Fact by Power of Attorney recorded in the Bronx County Register’s Office on November 17, 2025 in CRFN 2025000310341
By: YANIQUE ATKINSON EDWARDS Its: COORDINATOR
UNIFORM, ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (Outside of New York State)
State of FLORIDA County of PALM BEACH On the 26 day of NOVEMBER in the year of 2025 before me, the undersigned, personally appeared VANIQUE ATKINSON EDWARDS a5 COORDINATOR, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed same in his/her/their capacity{ies) and that by - his/her/their signature(s} on the instrument, the individual(s), or the person upon behalf of which the indi- vidual(s} acted, executed the instrument, and that such individual made such appearance before the un- dersigned in PALM BEACH, FLORIDA. RY "pe ny
Ezra Emmanuel Pugh = gy F2ta Emmanuel Pugh _ = (Notary’s official Signature) £5 My Commission oe (Commission Expiration) MAY 3 0 2028 4. "998547 ads ln, Oe FO aye
25+37033 | - jig
SCHEDULE ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH AND COUNTY OF BRONX, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF HOLLAND AVENUE DISTANT 226 FEET SOUTHERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF HOLLAND AVENUE WITH THE SOUTHERLY SIDE OF WARING AVENUE; RUNNING THENCE EASTERLY, PARALLEL WITH WARING AVENUE AND PART OF THE DISTANCE THROUGH A PARTY WALL 100 FEET; THENCE SOUTHERLY PARALLEL WITH HOLLAND AVENUE 22 FEET; THENCE WESTERLY, AGAIN PARALLEL WITH WARING AVENUE, AND PART OF THE DISTANCE THROUGH ANOTHER PARTY WALL 100 FEET TO THE EASTERLY SIDE OF HOLLAND AVENUE; AND THENCE NORTHERLY ALONG THE EASTERLY SIDE OF HOLLAND AVENUE 22 FEET TO THE POINT OR PLACE OF BEGINNING,
25-370331 - jg
EXHIBIT D
— 1 ~— urt □ eme | woe re nty Supr a os ‘a ——-— Bri - en : h Result: /2026 “re monn F THE Real Prop ro Rest me | rol 03 rigage cars cnc RS OF Foveciosu Supre ye e Sea 5 = oa“ mor oo mtterencns WN WES eta For uciky gage i cas ity: Bronx vation Nene: p = = BEVERLY JON Bronx Co Rosidentio! nty: :01/ [lon Ne . Eo) ON v. BEVi © al Cou rope, - Re i > Cou ate: niza □□ SE RATT AKA Ne ai P ure me : Di a ne ESR oy 20 ES PSO! Re clos pre i ling Org ve □□ i Ri ne M re Su i "Bus ( Clainytnde ae ga UE MAUR Bronx Rennes lei] St H OF it erty sit i 7 Cle Hing tus PH TE TON v. LLS. Cou Prop ~ Re: rt By: eae gt ESTA PORAT D SMA Real froper upreme | a So wed pate © al on E CORPO NN BYR Fore unty S age se dD rt AG A Co! rig. / Raccive 26E Paths MORTG SHEILA Bronx Y □ Mortgag tial tion AGE C RPORA County : Partial a TG. co x her i GE rticip a MOR: AGE Bron - Ob i 109/2026E Recor PHH MORTG Comunerctal preme i 02/1 Kv. TI Cou rtgage j Teipation W YORI ORPORAY Bronx Renidentis 1120258 neon IH MO LGADO Force Supre i aor e a : Ty Ge ro 02/95/20 Pre“k ation AN SER 025A TRU Fore unty S age Reema LAKEV oavee NECT Court atte a See Pra anid Gusta Neta roredos Supre pa 2 nl rt B xe fh 1eniz025E Record es Galata ION v. Real Property e | Pa icipat RIGA HAM nx C Mortgage 52. 120266 Dear PHH KTION v. Real Proper Resi a | 53/19/20 Pre-R CORPORA HEL et at Foredosur ty Suapren | aeee pant ad MORTG INGR Sron Resident 4/24, Aci ORP GAN recto: Sup : o tial tion AGE C MOR Fo County vigage 25E P arti MORTG JODY ft. Bronx pestientit Snaran2st Record PHH ION v. Real Propert Resident 06/02/2 Pre: RPO: S et R closure - 06/ co ARE Fore nn rttal tion GE HA oe Partlal a GA NE Aone meer PH TION — eae Activ RPORA —— i ial co _ : 0 A
EXHIBIT E
NO, “1 RECEIVED NYSCEF: 02/05/2!
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ene ee ne ete tenn □□□□□□□□□□□□□□□□□□□□□□□□ Kk PHH MORTGAGE CORPORATION, Index No.,: Date Filed: Piaintiff, COMPLAINT -against- Subject Property: MAUREEN THOMPSON; NEW YORK CITY 660 BAST 241ST STREET PARKING VIOLATIONS BUREAU; NEW YORK —- BRON%, NY 104870 CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT ADJUDICATION BUREAU, "JOHN DOE #1" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. tne eene □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ The Complaint of the above-referenced Plaintiff, by its attorncys, Robertson, Anschutz, Schneid, Crane & Partners, PLLC, complains and alleges upon information and belief as follows: NATURE OF THIS ACTION 1. This action is brought pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the mortgage dated March 20, 2007 and recorded on April 12, 2007, in Official Records CRFN 2007000190439 of the Public Records of the County of BRONX, State of New York (hereinafter referred to as the "Subject Mortgage’), The Mortgage Tax was duly paid. UCONN ECON MAGA 24-205495 - NiA
DOC. NO. 2 RECEIVED NYSCEF: 02/05/2
2. The premises (hereinafter referred to as “Subject Property”) which forms the subject of this action is fully described in Schedule “A” atiached hereto. PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4, Upon information and belief, Defendant(s) MAUREEN THOMPSON, at all relevant times, maintain(s) a residence within the State of New York and is/are the mortgagor(s) pursuant to the Subject Mortgage. The description and interest of the above-referenced Defendant(s) is/are more fully set forth in Schedules “B” and “C”, respectively, See RPAPL □□□ 1311, 1312, and 1313. 5, Upon information and belief, the remaining Defendant(s), if any and not further set forth hereinbelow, as identified in Schedule “B”, are named solely for the reasons set forth in Schedule “C”, See RPAPL §§§ 1311, 1312, and 1313. 6. Defendants “JOHN DOE #1” through “JOHN DOE #12” are additional persons or patties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or Lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313. RELEVANT FACTS 7. On or about March 20, 2007, MAUREEN THOMPSON, duly executed, acknowledged, and delivered a note (hereinafter referred to as the “Subject Note”) wherein and whereby MAUREEN THOMPSON, promised to repay the sum of $53,250.00 in monthly payments plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is a copy of the Subject Note.
24-205495 - NiA
DOC. NO. be RECEIVED NYSCEF: 02/05/21
8. Plaintiff, directly or through an agent maintains physical and/or constructive possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 9, On or about March 20, 2007, as collateral and to secure the repayment of the sum represented by the Subject Note, MAUREEN THOMPSON, duly executed, acknowledged and delivered the Subject Mortgage. Annexed hereto as Exhibit “B” is a copy of the Subject Mortgage. 10. The Subject Morigage secures the real property commonly known as 660 EAST 241ST STREET, BRONX, NY 10470 and by Block 5082, Lot 37, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of adjoining said Subject Property. Annexed hereto as Schedule “A” is a copy of the legal description. 11. Thereafter, the Subject Morigage was transferred to Plaintiff via an Assignment of Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove. 12. Said loan was modified. As evidence of the modification, a Loan Modification Agreement was recorded in the Office of the City Register of the City of New York in the County of BRONX on August 29, 2016 at CRFN 2016000297863. 13, Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commence a mortgage foreclosure action by the owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges upon information and belief as follows:
DOC. RECEIVED NYSCEF: 02/05/2
AS AND FOR A FIRST CAUSE OF ACTION 14. That Plaintiff repeats and realleges each and every allegation contained in paragraphs “1” through paragraphs “13” above with the same force and effect as if set forth at length herein. 15, That MAUREEN THOMPSON defaulted on her obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on April 1, 2023, and. plaintiff is entitled to enforce its security interest against MAUREEN THOMPSON pursuant to the terms of the Subject Mortgage. As of February 05, 2025, said default has not been cured, There is now the amount of $55,245.37, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff. 16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to the extent required by the underlying loan documents, however, Defendant(s) continued default remains uncured. 17,‘ That Plaintiffhas complied with those provisions of Real Property and Proceedings Law §§ 1304 and 1306, to the extent applicable. 18. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 19, That based upon the foregoing, there is now due and owing from the Borrower(s) to the Plaintiff, the principal sum of $55,245.37 plus interest thereon from March 01, 2023, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff's predecessor-in-interest on behalf of MAUREEN THOMPSON, together with all costs, including but not limited to, attorneys’ fees, disbursements, and further allowances provided
poc. NO. 10 RECEIVED NYSCEF: 02/05/21
pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee’s interest in the Subject Property. 20. That Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are fully paid. 21. That to protect its security afforded by the Subject Note and Mortgage, it may be necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the Subject Property, and any other charges for the protection of the Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the Plaintiff from the proceeds of the foreclosure sale herein. 22, That Plaintiff further alleges that all Defendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 23. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, ifany, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and
DOC. RECELVED NYSCEF: 02/05/2
vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, ifany; prior mortgages and judgments, if any, now liens of record including the first mortgage recorded in the Office of the City Register of the City of New York in the county of Bronx on April 12, 2007 recorded in CRFN 2007000190438, which mortgage is senior to the mortgage being foreclosed; right of Redemption of United States of America, ifany; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. 24, That Plaintiff has complied with all provisions of Banking Law § 595(a) and any rules and regulations promulgated thereunder together with Banking Law §§ 6-1 and 6-m, to the extent applicable. 25. That Plaintiff further alleges that no other proceedings have resulted in the collection of any part of the mortgaged debt or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
DOC. NO, 1 RECEIVED NYSCEF: □□□□□□□□
WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff and as against Defendants as follows: I. On its First Cause of Action: a) The Defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the Subject Property; b) Said Subject Property be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR § 317, CPLR § 2003 and CPLR § 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale.
DOC. NO. 22~CSC c) Said Subject Property may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; d) The monies arising from the sale may be brought into court; e) Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after atry sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the costs and expenses of this action including reasonable attorneys’ fees so far as the amount of such monies properly applicable thereto will pay the same; f) The plaintiff be decreed to be the owner of any and all personal property used in connection with the said Subject Property; g) The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; h) Awarding the relief requested in the additional causes of action stated in the complaint, if any; ip fe DOC. NO. 2 RECELVED NYSCEF: 02/05/21 i) Plaintiff shall have such other and further relief or both, in the Subject Property as shall be just and equitable. Dated: February 5, 2025 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorney for Plaintiff BY: ere [ ] SARA Z. BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [x ] SCOTT R. WEISS, ESQ. [ KELLY R. FABER, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX PHH MORTGAGE CORPORATION, PLAINTIFF, -AGAINST- MAUREEN THOMPSON; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK. CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT ADJUDICATION BUREAU, "JOHN DOE #1" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, DEFENDANTS. SUMMONS & COMPLAINT ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, New York 11590 516-280-7675 Compliance with Rule 130-1.la rer ee [ ] SARA Z. BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ, [x ] SCOTT R. WEISS, ESQ. [ ] KELLY R. FABER, ESQ. UEC ALERT ROOGTOMT UIA 24-205495 - NiA. EXHIBIT F NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part of the instrument. ‘The City Register will rely on the information provided by you on this page for purposes of indexing this instrument. The informalionon this page will control forindexing purposes in the event of any conflict with the rest ofthe document, 200308270024500200 LE65Al Document ID: 2003082700245002 Document Date: 08-22-2003 Preparation Date: 08-27-2003 Document Type: MORTGAGE Document Page Count: 22 he ee Bice eet ee cee eee nite □□□ te PRESENTER: -RETURN TO: JUDICIAL TITLE INSURANCE AGENCY, LLC | CONCORD MORTGAGE CORP TITLE # 63998 : 180 EAB PLAZA AS AGENT FOR FIRST AMERICAN TITLE i UNIONDALE, NY 11556 550 MAMARONECK AVENUE, SUITE 202 HARRISON, NY 10528 □ 914-381-6700 PROPERTY DATA Borough Bleck Lot Unit Address BRONX 4348 19 Entire Let 2330 HOLLAND AVENUE Property Type: DWELLING ONLY ~- 2 FAMILY CROSS REFERENCE DATA CRFN .. _.er Document ID =... or Year | Reel _ Pape _ or FileNumber PARTIES MORTGAGER/BORROWER: | MORTGAGEE/LENDER: IDELLIA KELLY-CASTILLO iCONCORD MORTGAGE CORP 120 EAST 88TH STREET 1186 EAB PLAZA BROOKLYN, NY 11236 UNIONDALE, NY 11556 FEES AND TAXES Mortgage , Recording Fee: $ 147,00 Mortgage Amount: = [$341,905.00 jAffidavitFee: $0 00 Taxable Mortgage Amount: □□ «34 1,905.00 jNYC Real Property Transfer Tax Filing Fee: Exemption, ee a O00 TAXES: iNYS Real Estate Transfer Tax: €ounty Basics 8 O80 en 909 ___ City (Additional): —§$ (3,419.00 RECORDED OR FILED IN THE OFFICE ‘Spee (Additional): 200 | rei, OF THE CITY REGISTER OF THE TASE is 88475” geass, CITY OF NEW YORK MTA: 8 829.75 A ER □ Recorded/Filed 09-05-2003 15:48 —_NYCTAD is 8000 i a8 ein City Register Fite No(CRFN): | erase ot ) of / if City 'Revister Official Signature THE JUDICIAL TITLE INSURANCE AGENCY LLC . 550 MAMARONECK AVENUE HARRISON, NY 10528 . 914-381-6700 Return To: Concord Mortgage Corp 180 EAB Plaza Uniondale, NY 11556 Section- / □ g ‘tiles 62998 Prepared By: Block - 4 3 f Concord Mortgage Corp Let a County - By 180 EAB Plaza _ Uniondale, NY 11556 2330 dyll Town / City - EOFONY. GM d Ave We [Space Above This Line For Recording Datas]————-————H HC — Sald premises is or wil be Improved by a 1 or 2 farnily, dwelling only. WORDS USED OFTEN IN THIS DOCUMENT (A) "Security Instrument." This document, which is dated Auguet 22nd, 2003 together with all Riders to this document, will be called the "Security Instrument." (B} "Borrower." Idellia Kelly-Castilio whose address is 120 Bast 88th Street Brooklyn, NY 11236 sometimes will be called "Borrower" and sometimes simply “I" or "me." {C) "Lender." Concord Mortgage Corp will be called "Lender," Lender is a corporation or association which exists under the laws of New York . Lender's address is 180 EAB Plaza, Uniondale, NY 11556 : Multi-Family (2-4 Familiy) 03-06-09-000481 NEW YORK - Singls Family - Fannie Mae/Freddis Mac UNIFORM INSTRUMENT Form 3033 1/01 GED-8iNY} 00081.0: ‘» 4 . Page t of 17 Initlwte: C VMP MORTGAGE FORMS - {800152 1-72591 EXHIBIT G | NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part of the instrament. The City Register will rely on the information provided by you on this page for purposes of indexing this instrument, The information on this page will control for indexing purposes in the event of any conflict with the rest of the document. 90061 10202045001001E175B Document ID; 2006110202045601 Document Date: 10-02-2006 Preparation Date: 11-02-2006 Document Type: ASSIGNMENT, MORTGAGE Document Page Count: 1 PRESENTER: RETURN TO: NATIONAL TITLE HOMECOMINGS FINANCIAL NETWORK INC 1415 KELLUM PLACE, SUITE 202 ES/MINN-MS 03-06-35 GARDEN CITY, NY 11530 RICHFIELD, MN 55423 516-741-5050 773281 , gisela.pungello@inf.com PROPERTY DATA Borough Block Lot Unit Address BRONX 4348 19 Entire Lot 2330 HOLLAND AVENUE Property Type: DWELLING ONLY - 2 FAMILY CROSS REFERENCE DATA 2003600331595 PARTIES ASSIGNOR/OLD LENDER: ASSIGNEE/NEW LENDER: MERS, INC. MERS, INC. PO BOX 2026 PO BOX 2026 FLINT, MI 48501-2026 FLINT, MI 48501-2026 x Additional Partics Listed on Continuation Page FEES AND TAXES Mortgage Filing Fee: Mortgage Amount: _ i$ 0.00 $ 0.00 | Taxable Mortgage Amount: | $ 0.00 | N¥C Real Property Transfer Tax: Exemption: i le $s. . 0.00 TAXES: County (Basich 4 0,00 NYS Real Estate Transfer Tax: City (Additional): i$ 0.00 cena $ 0.00 (Additional): |g 0.00 RECORDED OR FILED IN THE OFFICE TASE: ig 8.00 org, ry, OF THE CITY REGISTER OF THE MIA: i$ 0.00 gall Os, ss CITY OF NEW YORK NYCTA: 4 0.00 Bes ay Mi Recorded/Filed 11-09-2006 11:15 Additional MRT: [$ 0.00 med | eas Se City Register File No.(CREN): "Recording Fee: is 42.00 | Ae > . City Register Official Signature NYC DEPARTMENT OF FINANCE i ' 20061 10202045001001C15DB RECORDING AND ENDORSEMENT COVER PAGE (CONTINUATIO PAGE 2 OF 3 ED: 2006110202045001 Document Date: 10-02-2006 Preparation Date: | 1-02-2006 Type: ASSIGNMENT, MORTGAGE LENDER: ASSIGNEE/NEW LENDER: FINANCIAL, LLC HOMECOMINGS FINANCIAL NETWORK, INC. ONTARIO, SUITE 400 2255 ONTARIO, SUITE 400 CA 91504-3190 BURBANK, CA 91504-3190 re f Lop ¥ 4 GS FT NANCHC yeah AL EIRENE qIGOY Assignment of Morigage/Deed of Trust RFC Loan Number: 8651292 FOR VALUE RECEIVED, Morigage Electronte Registratlon Systems, ine. {"MERS")} P.O. Box 2926, Flint, Michigan 48501-2026 hereby grants, assigns and transfers to Mortgage Electronic Registration Systems, Ine. as nominee for Homecomings Financial 7c P/K/A Homecomings Financial Network Inc. 7255 N Ontario, Suite 400, Burbank, CA 91564-3190 its successors and assigns, all beneficial interest under that certain Mortgage/Deed OF Trust: Dated: August 22, 2003 EXECUTED BY: IDELLIA KELLY-CASTILLO TO: Concord Mortgage Corp RECORDED ON: September 05, 2003 in Book on Page as instrument # 2003000331905 IN THE OFFICE OF THE RECORDER OF Bronx County, New York. LOAN AMOUNT; $341,905.00 PROPERTY ADDRESS: 2330 HOLLAND AVENUE BRONX, NY 10467 tf Bleck 4346 Lat 8 Town Bronx Assignment Concord Mortgage Corp to First National Bank of Nevada, recorded 9-5-2003, 4260300033 1596. Assignment First National Bank of Nevada to Mortgage Electronic Registration Systems, Inc,, recorded 8-9- 2004, #2004000483596, THIS ASSIGNMENT IS NOT SUBJECT TO THE REQUIREMENT OF SECTION 275 OF THE REAL PROPERTY LAW BECAUSE IT IS AN ASSIGNMENT WITHIN THE SECONDARY MORTGAGE MARKET, TOGETHER with the note or notes therein deseribed or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said Mortgage. Mortgage Electronic Registration Systems, Ine. ("MERS"} fos ot BY: \ J} VANE be STATE OF MINNESOTA NAME!G. | ki COUNTY OF HENNEPIN □□ SODNOTISR! TITLE: Assistant Secretary On October 02, 2008 before me, the undersigned, personally appeared G. Jablonski, Assistant of Mortgage Electronic Ragistration Systems, inc. ("MERS"} or proved to me on the basis of satisfactory avidence to be the individual(s) whose name(s} Is (are) subscribed to the within instrument and acknowledged to mea that he/shelthey executed the same In his/heritheir capacity(ies) and that by his/her/their signature(s} on the instrument, the individualts) or the person upon behalf of which the individual(s) acted, executed the instrument and that such Individual made an appearance before the undersigned In the city of Minneapolis, state of Minnesota, Aw Publis in and for dd Of Minnesota ia) KAREN E, STEFFENSEN ARMY i Shasunoerestaat EXHIBIT H Case 7:26-cv-01363-NSR Document1-2 Filed 02/18/26 Page 2orle gust 2zha, 2603 _ Bone □ New York AGE Bae ps 2330 Holland’ Avenida: : . >. ABroperty Address] L BORROWER'S PROMIETOPAY = fetuinrt tora loan that T have received, 1 promise to pay U.S..§ 341,905.00 - {this amount is called "Principal"), interest, to the order of the Lender, The Lender is. Concord. Mortgage Corp Duunderstand that the Lender may transfer this Note. ‘The Lender. or anyone who-takes this Note by trafisfer arid Who ix. to receive payments under this Note is called the “Note Holder" Interest. will be charged on unpaid principal will! the full amount of Principal has been paid: 1 will pay interest at a-yearly OR BBOM □ “Phe. interest: tate required by this Section 2 is-the rate T will pay-both before and after any default described in Section □□□□ > (A) Time and Place of Payments” Twill pay principal and interest by inaking @ payment every-month willinake my monthly payment on thelist: day of each month beginning‘on Cotebex 01, 2003. □□□□□□□ “nake these payments every month Until T have paid-all of the principal and interest and any other charges described below. □□□□ □□ □ fay owe tinder this Note.-Bach monthly payment: willbe applied:as of its scheduled dite date-and will be: applied □□□□□□□□□ ‘before Principal. 1f-on Septeniber-1;-.2033- _-, Estill owe-atnouris under this Note, 1 -will pay those amounts in □□□□□□□□ date, which i8 called the “Maturity Date. Be Ewillmake my monthly payments 180 BAR Plaga. oe ee Unkondale; N¥ 1155600 - °° cr at a different place if required by the Note Holder: Amount af Monthly Payments : monthly paymient will be inthe amount of U.S.$ 2,628,958. .. [have the right to make payments:of Principal at any time before they ae-due; A payment of Principal only i¢known asa .,. payment as 3 Prepayment if] have not-made all the monthly: payments due under the Note; mindy 'a-full Prepayment partial Prepayments without paying @ Prepayment charge. The Note Holder will □□□ □□ Prepayments: ta reduce: the-amount: of Principal that Lowe under this’ Note.” However, the Note Holder: may apply □□ atiount of the Note IPT make:a partial Prepayment, there will be fio changes in thé due date or in the amount of my. Tnottldy payment unless the Note Hofdee agrees inviting to those changes. 8 FIKED.RATE NOTE Sirigie Fariy:Fannie Mas/Fieddie Mae UNIFORM INSTRUMENT Case /.20-CV-O156s-NSR Document FiledOdlo/zo Page sotle alfa law, which applies to thig-todn and which sets maximum loay charges, is finally interpreted so that the interest or □□□□□□ ee EAE to be collected. in connection with this loan exceed the permitied limits, then: (a) any such Joan charge _. Shall Ob reduced by the amount necestary to reduce the charge to the permitted limit; and (b). any sums already collected from Which execeded permitted limits: will be refunded to me. ‘The Note Holder may choose to, make this refund-by reducing ‘the - ~~ Principal 1 owe under this Note or by making a direct paymént to me: If a refund reduces Prinoipal, the reduction Will be □□□□□□□ a3 partial Prepayment: OTHE we _ 6 BORROWER'S FAILURE TO-PAY ASREQUIRED: =~ . _ {Aj Late Chorge for Overdue Payments; □ Note Holder has not reteived the full amount of any monthly.payment by the end of FIRTEEN ‘calendar □□□□ my overdue payment of principal and interest... will pay’ this late charge proniptly but only once oni each Jate’payment; de not pay-the full amount of each monthly paymetit:on the dae it is dué; I will be in default, □ MC) Notice of Default ee _ dé Tam in-defaull, the Note Holder may sénd me awyritten notice telling me thatif- bdo-not pay the overdue amount □□□ S¢klain date, the. Note: Holder may requite ‘me to pay immediately the full amount of Principal which bas not bees paid and all) interest that | owe-on:that amount. That date must be: at least 30 days after the date on which the notive is muiled. to □□□□□□ Mblivered by other'means. AD)'No Waiver By Note Holder Even df) at-actime when lam in: default, the Note Holder does not require me-to:pay immediately in filles described above, the Note Holder will still have the right to do'so.if Lam in‘default atalatertime © ce _.(E) Payment-of Note Holder's Costs:and Expenses cae □□ Mthe Note Holder has required me to pay immediately. in full as described above, the Note Holder will have the right to: paid: back by me-for all-of its costs-and expenses in enforcing this Note to the extent not prohibited by applicable-law.. □□□□□ include, for example, reasonable-attorneys' fees, GIVING OF NOTICES’ ee re Unléss-applicable daw requites‘a different method, any notice that must-be-given to me under this. Note will-be given □□□ □□□□□□□□□□□□□□□□□□□□□ mailing it by first class mail 1¢:-mie at the Property. Address above or at a different address if 1 give: the Note’ notioe of my different address. “Any notice that taust be given to the Note Holder uader-this Note will -be given by delivering it or by mailing it by □□□□ mailto the Note Holder atthe address stated in Section 3(A) above or diffetent address if 1 am. given ‘a notice of that. OBLIGATIONS OF PERSONS UNDER THISNOTE: mire than, one: person signs this. Note, each person is fully and personally obligated t keep all-of the promises made □□□□ thig-Note, including the promise to pay the full-amount owed. Any person who-ds a giarantor, surety-or endorser.of this □□□□□□□□ _ obligated to'do these things, Any, person who takes over these obligations, including the obligations ofa guirantor, surety arendorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce □□□□□□ suunider this Note against each person individually or against all of-tis together. ‘This means that any ous of as may be required □□ pay all OF the amounts owed under this Notes and:siny other person ‘who-has: obligations: under. this Note waive the rights of Presentmnent and ‘Notice: of Dishonor,’ sheans the right te require the Note Holder to demand payment of amountg due: "Notice of Dishonor” means Hight to-require the Note Halder to give notice to ather persons that amounts duis ave not bee pull, © . oh © Bam 8933 1/01 Case /7:26-Cv-O1s630-NoR Documenti-4 Filled U4fiolzo rage 4 Ofte itis Note is'a vinifonn instrument with tinnited variations in some jurisdictions; In addition to. the protections given.to the Holder under thig Note,-a Mortgage; Deed of Trust, or Security Deed (the “Security Tastrument’), dated the same date □□□ Note, protects the Note Holder from possible losses. whieh: might result if L-do not keep the promises which Tmnake inthis ‘That Security: Instrument describes how and under what conditions I may: required to make. immediate payment □□□ □□□□ “Of all amounts I owe under this Note.-Some of those conditions ate described as follows: : “bender may require immediate payment in full of all Sums.Secured by. this Security ‘Instrument if all or "aay part of the Property, or iL any right in the Property, is gold-or transferted without Lender's prior-written "permission. If Borrower ‘is:not a natural person and-a beneficial interest in Borrower is: sold. or transferred: -Without Lender's priot written permission, Lender also may require tmimediate payment in full. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. ~ oA Lender. requires immediate payment:in full cunder this Section 18, Lender will give mea notice which: "slates this ‘requirement, ‘The notice. will give me,at least days to. make: the required payment..The 30-day _ period will begin on the date the notice is given to me in the manner required: by Section 15 of this Security © |. Instrument. IC T.do-not make the required payment during that:perlod, Lender may act.to enforce its righta., under this Security Instrument. without giving me any further notice or demand for payment, SOR A NA ere SCR) cc tnt ener (Seal) “Kdellia Kelly-castilto: © 9 Borrower “Borrower. oe Fe mo _ Borrower : -Bareawer ANNYY vi: □ Page Bat Form 3203101 Case 7:26-cv-01363-NSR Documenti-4 FrileaUdilo/fzo Page oorle PAYPOTignorgae ec TeTRAR'SE” FIRST NATIONAL BANK OF NEVADA sg GOL 7 Webel? Poy as fugustie. Por □□ ee dee val . SHARON SGV RROLLER Case 7:26-cv-01363-NSR Documenti-2 Filea 02/18/26 Page 6 of12 44636 North Kistand Biva., Suite ey _..,, Seottsdale, AZ 852540 □□□ bye oe ‘Office (480) 809-8500 Fax (480) 609-5569 ALLONGE TO NOTE BORROWER: KELLY-CASTILLO □ SINTHEAMOUNT OF; $341,905.00 □□ TIAL FUNDING CORPORATION |. WITHOUT REGolAsE COTE eee “Pesderielfurdig Copenion WITHOUT RECOURSE BY: _ BY C det oe □ PS Be MUR ‘Faber, Vice President’ □ ~ AMY HAWKINS, SHIPPING OFFICER = NATIONAL BANK OF NEVADA Case 7:26-cv-01363-NSR Documenti1-2 Filed 02/18/26 Page? of12 BOR PURPOSES OF FURTHER ENDORSEMENT OF THE FOLLOWING DESCRIBED NOTE, THIS. Pee a ae iit NOTEDATE: 8/22/2003 -LOAN'AMOUNT: $341,005.00. = .., WOmeconings: Financial LLC £/k/a’ □ WITHOUTRECQURSE . APMoigant Tt _ Name: Glablonskt ygfVTOTHEORDEROF “Pay ote Order ot Mpc a. WITHOUT REGOU ———_“RESIDNTIAL FUNDING Cow, PALO resident oo ADelaware Corporation - Case 7:26-cv-01363-NSR Documenti-4 Filed Udilo/#o rageo orice ALLONGE TO NOTE _ “This endorsenient ts a permanenit part of the Note, in the amount of § 341,905.00 CNOTEDATE: August 22, 2003. BORROWER NAME: - ‘Idellia Keyy-Castilto □ _ PROPERTY: 2330 Holland Avenue Bronx, NY-10467- □ U.S, Bank National Assoeiation, 4s-‘Trustee for Residential Asset: Securities Corporation, □ Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KSt- “Signer: DarinGurewite Title Authorized Signer Case 7:26-cv-01363-NSR Documenti-2 Filed Udleizo Page voile NOTE DATE: 08/22/2003 . BORROWERINAME: IDELLIA KEELY-CASTILLO. □□ PAYTOTHEORDEROR, U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE, AS □ ‘SUCCESSOR-IN-INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE □ _ RESIDENTIAL-ASSET SECURITIES CORPORATION; HOME EQUITY, _SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- “MORTGAGECORPORATION = Case 7:26-cv-01363-NSR Documenti-< FileaOziiofzo Frage □□□ orice ALLONGE TO NOTE endorsement is'a permanent part of the Note in the amount of $341,905.00 □□ NOTE DATE: 09/22/2003. □ RORROWER NAME: IDELLIA KEDLY-CASTILLO. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR. . THROUGH CERTIFICATES, SERIES 2007-KS1 BYITS ATRORNEV-IN-FACTPHH MORTGAGECORPORATION” _ Mitte: “Servicing Operations Specialist Case 7:26-cv-01363-NSR Documenti-2 Filed Qd¢/idi7o Page li otic . ‘NOTICE TO THE BorrowER: a. De ret sign this loans zreement before you read it ‘Tids lonu: agreement provides for the paymieit □ . pia penalty if'you wish to repay the prior to the date provided for prepayment in the loan poe SE as Spe ooo. Aigreeiments ao : This Nofe Addendum ts incorporated tntu and shail be deemed to arheiid atid sipplemient the Adjustallé Rate. : Note or Fixed Rate Note; us applicable (“Note”) of the same date execuled by the undersigned aud payable to wt Concord Mortgage Corp. ee Re ~. (the “Laider). “The Note is secured bya Mortgage or Deed of Trust ot tomparable security instrument (te Security Lastvaient”} covering the property (the “Property” identified in the Security Instrument: □□ This Note Addendunt provides for a penalty with respect So prepayinents of the obligation represented ty the Netediade-within One □□ “years trans the date I execute the Note. Tam executing this Note Addéndura ti. ee | consideration of the Lender's having charged me a lesser interest rate and/or pointes in comentidn-with the Note thandf Thad selected a loall program which permits prepayments without penalty, □□ Section 5 0f the Note for: an Adjustable Rite Note or Section 4 Fixed Rate Note ts amended to'read:ag: _ BORROWER'S RIGHT TO PREPAY’ a . es □ ot: □ have te right to make payments of principal at any time before they are due, A paynient: _ ot principal only is knowu as a “prepayment.” When I make aprepayiient. Y will tethe Note. □□ Holder in writing that] am doing se, fe ge oe ©. The First “12 onthe of the toss terin ig enlled the “Penalty Periad®, To any twelve: □ Mauth period during. Penalty Petiod, X may prepay up to 20% ofthe original principal mount of «fills Note without paying x penalty, ICT make 8 prepayment in excess of 20% of the original principal... ~/-aimount In aoy-twelye mouth period during the Fenalty Peviad, J will pays penalty, The penalty will’ Be _ be equal lesser of (a) six (6)-ndnths? advance interest on any amount prepaid in excess 020% Oe "of the original principal amount of this Note; or (b) stich lesser-ninount ss.miay required by ApplienbledaWe ss eg ee! _No prepayment pensity will be assessed for ally prepaynieat-made alter the Pebalty Period, prepayment peialty willbe assessed with auy prepaymient tat is (a) concurrent witha bois de® ee ‘sale of the Property securing this Note to:an unrelated third party and (b) wiade after the firsetivelve® - □□ By : Antonths of the loan term. The Note Holder iiay require reasonable documentation atthe mw 8 ‘Adenitifylug the prepayment ag being in connection with the prepayment mide during the firstiwelve: _.Canontls of thé Penally Perioll, regardless of whether the Property bas sald □ (a2. he Note Helder will use all of my prepayments to.reduce the amountof prhiciple that Lowe: - □□ syinder-this Note, HEL made'a partial prepayment; thers. will be chaiiges ip-the due dates ofmy : | honthly Payments anless the Note Holder. agrees in. writiig ta those changes. ae Af my tonn is a Adjustable Rate Note; i partial prepityment may redues the sihount of my: _ monthly payments after the first change date following any partial prepayuient. ‘Hewever, aily / reduction due to partial prepayment anay be offset by au interest-rate increase. - we Leg _, The Note Holder's fuiluré ta colléet a prepaymeat petally atthe time a prepayment ig.” _ wecelved' shall nat-be deemed a walver of suel penalty aid any such penalty enlewiated in advordance: □ Avitbethis seetion shall Ge payable upondemand, ae FE WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED- eben Aduthe Kelly Ly Cas} Lbs fo$/ 22/2003" ee DATE Tdeliia KellyMastilio “DATE OELT02, □ Case 7:26-cv-01363-NSR Document1-2 Filed 02/18/26 Page lzofie -@hthe day of Augustin the year'2003. before me, _-the-undersigned, personally appeared -Idellia Kelly-Castilo, □□ personally known to me or proved to.me on-the basis of satisfactory ~- to the within instrument and acknowledged to me that he/she/they executed the. he same in his/her/their capacity(les), and that by his/her/their signaturé(s) on the ae instrument, the individual(s) or thé person-upon behalf of which the individual(s) □ es ok, Bignature and pffice of person taking acknowledgement) . ‘Notary Bubte, State o} New You : Ne-O1GO6G019097> Qualitied in Bronx County. _ Céifirtiesion Expires Sept6, 2008
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PHH Mortgage Corporation v. Kelly-Castillo et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/phh-mortgage-corporation-v-kelly-castillo-et-al-nysd-2026.