FILED: NASSAU COUNTY CLERK 07/11/ :53 AM INDEX NO /2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/11/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CHNY l216 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Index No /2017 -vs- Plaintiff, ATTORNEY AFFIRMATION IN SUPPORT OF PLAINTIFF'S MOTION FOR A DEFAULT JUDGMENT AND ORDER OF REFERENCE MORTGAGED PROPERTY: 1 OLD WHEATLEY ROAD MICHAEL SHANKER; NANCY SHANKER A/K/A BROOKVILLE, NY NANCY A. SHANKER; JPMORGAN CHASE A/K/A 1 OLD WHEATLEY ROAD BANK, NATIONAL ASSOCIATION; NEW YORK GLEN HEAD, NY STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK STATE DEPARTMENT COUNTY: NASSAU OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR NEW SECTION: 18 YORK STATE DEPARTMENT OF LABOR BLOCK: D UNEMPLOYMENT INSURANCE DIVISION LOT: 419 COMMISSIONER OF LABOR; "JOHN DOE 0 1-5" AND "JANE DOE #1-5"said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein Defendants. CHRISTOPHER PAVLIK, ESQ., pursuant to CPLR 2106 and underthe penalties ofperjury, affirms as follows: 1. I am an attorney at law and an Associate with Fein, Such & Crane, LLP, the attorneys of record for the Plaintiff. I am fully familiar with the facts, court papers and proceedings of this action based upon a review of the file maintained in my office. 2. True and accurate copies of the following supporting documents are attached hereto: Document Tab Certiñcate of Merit Exhibit A Note Exhibit B Mortgages and CEMAs Exhibit C Assignments Exhibit D 1 of 6

2 Notice of Default Exhibit E RPAPL Day Notice Exhibit F Department of Defense Search results Exhibit G Summons and Complaint Exhibit H Notice of Pendency Exhibit I Affidavits of Service Exhibit J Affidavit of Service by Mail pursuant to CPLR 3215(g)(3)(iii) Exhibit K Affidavit of Merit and Amount Due Exhibit L Affirmation of Regularity Exhibit M Rejection of Answer Exhibit N Notice of Appearance Exhibit 0 Legalback No. 2 - filed contemporaneous with this motion Proposed Order of Reference All personal non-public information has been redacted from the attached supporting documents. 3. This residential mortgage foreclosure action was commenced by filing the summons and complaint in the NASSAU County Clerk's office on September 29, 2017 in the County where the mortgaged property is located. The action was brought to foreclose a residential mortgage executed by MICHAEL SHANKER, Individually and as Attorney in Fact for NANCY SHANKER A/K/A NANCY A. SHANKER, to GUARANTEED HOME MORTGAGE COMPANY, INC. to secure the sum of $581,250.00, which was recorded in the NASSAU County Clerk's Office on September 1, 1999, in Liber Book M of Mortgages, at Page 843, et seq. Power of Attorney recorded on September 1, 1999 in Liber , at Page 901, et seq., by NANCY SHANKER A/K/A NANCY A. SHANKER, naming MICHAEL SHANKER as her Attorney in Fact. Said Mortgage was assigned by GUARANTEED HOME MORTGAGE COMPANY, INC. to BANK ONE NATIONAL ASSOCIATION, AS TRUSTEE by Assignment dated August 18, 1999 and recorded on May 1 1, 2001 in Liber Book M 20976, at Page 630, et seq. Said Mortgage was further assigned by BANK ONE NATIONAL ASSOCIATION, AS TRUSTEE to WASHINGTON MUTUAL BANK, F.A. by Assignment dated March 28, 2002 and recorded on June 21, 2002 in Liber Book M 22544, at Page472, et seq. Defendants then executed a Mortgage to WASHINGTON MUTUAL BANK, FA, to secure the sum of $105,354.09, with a negative amortization not to exceed $115,889.49, dated at et seq. April 2, 2002 and recorded on June 21, 2002 in Liber Book M 22544, Page 475, 2 of 6

3 Consolidation, Extension and Modification Agreement to WASHINGTON MUTUAL BANK, FA dated April 2, 2002 and recorded on June 21, 2002 in Liber Book M 22544, at Page 501, et seq., consolidates by its terms the Mortgages recorded in Liber Book M 19840, at Page 843, and Liber Book M 22544, at Page 475 to create a single lien in the amount of $675,000.00, with a negative amortization not to exceed $742, MICHAEL SHANKER, Individually and as Attorney in Fact for NANCY SHANKER A/K/A NANCY A. SHANKER, then executed a Mortgage to WASHINGTON MUTUAL BANK, FA to secure the sum of $187,168.31, dated September 25, 2003 and recorded on January 5, 2004 in Liber Book M 25708, at Page 651, et seq. Consolidation, Extension and Modification Agreement executed by MICHAEL SHANKER, Individually and as Attorney in Fact for NANCY SHANKER A/K/A NANCY A. SHANKER to WASHINGTON MUTUAL BANK, FA, dated September 25, 2003 and recorded on January 5, 2004 in Liber Book M 25708, at Page 677, et seq., consolidates by its terms the Mortgages recorded in Liber Book M 19840, at Page 843, Liber Book M 22544, at Page 475, and Liber Book M 25708, at Page 651 to create a single lien in the amount of $850, Power of Attorney recorded on January 5, 2004 in Liber Book D 11719, at Page 679, et seq., by NANCY SHANKER A/K/A NANCY A. SHANKER, naming MICHAEL SHANKER as her Attorney in Fact. Said Consolidated Mortgage was assigned by FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION dated July 25, 2013 and recorded on September 10, 2013 in Liber Book M 39133, at Page 582, et seq. 4. On September 29, 2017, Plaintiff filed a notice of pendency in accordance with RPAPL 1331 and CPLR Article 65, a copy of which is attached hereto as Exhibit L 5. The summons, complaint and notice ofpendency are in the form prescribed by statute and contain all the particulars required by law. The summons complies with requirements ofrpapl 1320, contains the required notice in boldface type and is in the format required by statute. According to the affidavit of service, the summons was served together with the complaint. Copies of the summons, complaint, notice of pendency and affidavits of service are attached hereto as 3 of 6

4 Exhibits H, I, and J. 6. On September 29, 2017, Plaintiff was holder of the subject note. See Affidavit of VICTORIA GREENWOOD, attached hereto as Exhibit L. 7. The certificate of merit pursuant to CPLR 3012-b was filed together with supporting documents and is attached hereto as Exhibit A. 8. Pursuant to CPLR 3408 the court held a mandatory settlement conference in this action. Plaintiff attended the settlement conference on January 29, 2018 but the defendant mortgagor(s) failed to appear and the case was released from the settlement conference part. 9. Defendant(s) were served with the notice required by RPAPL 1303 printed on colored paper together with the summons and complaint printed on white paper. The RPAPL 1303 notice complies with the requirements of the statute, with the title in bold, 20-point type and the text in bold, 14-point type. The RPAPL 1303 notice was delivered to the mortgagor(s) on its own separate page, together with the summons and complaint. Defendant(s) were timely served with the 90-Day Pre-Foreclosure notice required by RPAPL Plaintiff filed the name, address and telephone number of the Defendant(s), the amount claimed to be due, and the type of loan at issue with the superintendent of banks within three business days of the mailing of the 90-day Pre- Foreclosure notice as required by RPAPL Copies of these notices and affidavits of service are attached hereto as Exhibits F and J, respectively. 10. Plaintiff served an additional copy of the summons in compliance with CPLR 3215(g)(3). The affidavit of service by mail is attached hereto as Exhibit K. 11. Tenants reside at the mortgaged property. Therefore, Plaintiff requests that MILES SHANKER be added as named defendants in this action pursuant to RPAPL 1311 and that the caption be amended to add MILES SHANKER in place of the "JOHN DOE # 1-5" AND "JANE DOE #1-5" defendants as party defendants to this action. 12. The following defendant(s) did not answer or appear and their time to answer has expired: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK STATE DEPARTMENT OF 4 of 6

5 LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR NEW YORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR. Accordingly, these defendants are in default. 13. That defendants MICHAEL SHANKER and NANCY SHANKER A/K/A NANCY A. SHANKER interposed an Answer, however, said Answer was rejected by our offices as the time to Answer had expired. See Exhibit N. Accordingly, these defendants are in default. 14. No Defendant is an infant. No defendant is in the armed services ofthe United States of America. Upon information and belief no defendant is incompetent. 15. Plaintiff has not made any previous motion for this or like relief. 16. Therefore, it is respectfully requested that the Court grant Plaintiff s motion for a Default Judgment and Order of Reference in accordance with RPAPL 1321 and award such other and further relief as the Court may deem just and proper. 5 of 6

6 WHEREFORE, Plaintiff requests an order from this Court: A. Appointing a referee to compute the amount due Plaintiff and to examine whether the mortgage property known as 1 OLD WHEATLEY ROAD, BROOKVILLE, NY can be sold in parcels, and make his/her computation and report with all convenient speed pursuant to RPAPL 1321; B. Adding MILES SHANKER as a named defendants in this action pursuant to RPAPL 1311 and that the caption be amended to add MILES SHANKER in place of the "JOHN DOE # 1-5" AND "JANE DOE #1-5" defendants as party defendants to this action; C. Determining all non-appearing and non-answering Defendants to be in default; D. Granting such additional relief as the Court may deem just and proper. The undersigned affirms that the foregoing statements are true, under the penalties ofperjury. Dated: July I O, 2018 COUNTY OF NASSAU, NEW YORK CHRISTOPHER PAVLIK, ESQ. CHRISTOPHER PAVLIK, ESQ., an attorney at law licensed to practice in the State of New York, and the attorney for Plaintiff in this action, hereby certifies that, to the best of his/her knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation ofthis pleading, affidavit (or motion ifapplicable), and the contentions contained herein are not frivolous as defined by 22 NYCRR (c). CHRISTOPHER PAVLIK, ESQ. 6 of 6

FILED: NASSAU COUNTY CLERK 09/06/ :00 PM INDEX NO /2017 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/06/2018

FILED: NASSAU COUNTY CLERK 09/06/ :00 PM INDEX NO /2017 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/06/2018 REPLY TO: 1400 Old Country Road, Suite C103 Wastbuiy, NY 11590 516-394-6921 7 Century Drive, Suite 201 FEN,SUCH& CRANE,u2 Pardippany, NJ 07054 ATTORNEYS ATLAW 28 East Main Street, Suite 1800 Rochester,