FILED: RICHMOND COUNTY CLERK 07/31/ :58 PM INDEX NO /2016 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 07/31/2018

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2 ZLXD 1L tr RZC lid SD OUNTY OUIITY CLERK CZ RRK 1: 3 INDEX /2016 NYSCEF DOC. NO. ~ 21 RECB2VED NYECEF: 05/18/2016 s SUPREME CO T OF THE ATE OF NEW YORK. COUNTY OF thnows. ga+y' NationSbor 4 C.. v. Plaintiff, IndeX No. h f a 5'9 f2o/ VERIFIED ANSWER TO FORECLOSURE COMPLAINT QadeqhE~ 3meqh E~ (g Def bpdant(s). Defendant ÔCKe orem answers as follows: I generally deny each allegation of the Complaint, including that Plaintiff is the owner of so note and mortgage. I plead the following Defenses and CountereI Inm ttt feuds of Standing: Plafntiff, upon infbanation and belief; does not own the note and Plaintiff thereibne does not have standing to sue because it was not the legal owner of the note and/or mortgage at the time it dies f breclosure lawsuit. 3tt Foreclosure Cause of Action: Plaintiff; upon inihrmation and belief, does not own the note and mortgage. Because ownership of the note and mortgage is an element of a foreclosure cause of action, Plaintiff has no right to fbreclose. a Statute of Limitations (NY Civil Practice Law and Rules 213(4)): Upon infbrmation and belief, Plaintiff may not sue on all or part of the mortgage debt because Plaintiff commenced this action more than six years after the debt became due. 0 Additionally, the entire foreclosure action is time-barred by the statute of limitations because Plaintiff nammannad this action mom than six years after it accelerated the mortgage debt. Defimdant repeats that the mortgage be cancelled and discharged pursuant to NY Real Property Actions and Proceedings Law 1501(4). service Process (NY Civil Practiec tow and guise 308): I was not eriir served with ' ' ' process pnixeas in this for ibr the fat reason(s): f kat#4vtd f #W rnl S w&k pe pr aa w&k 1 Cf af 1Ia 10

3 ,~ a Notice of Default: Plaintiff failed to comply with the requirements for the notice of default in my mortgage loan agreement, a condition precedent to this foreclosure action. m Reverse Mortgage Notice Requirement (NY Codes, Rules and Regulations Title 3, 79.9(a)(5)): Plaintiff failed to comply with the requirements of NY Codes, Rules and Regulations Title 3, 79.9(a)(5), a condition precedent to this foreclosure action. a 90-Day Nottee Requirement (NY Real Pmparty Actions and Paceedings Law 1304): Plaintiff fhiled to comply with the requirements of NY Real Property Actions and Paceedings law 1304, a condition precedent to this f breclosure action. a 90-Day Notice Filing Requirement (NY Real Paperty and Proceedings Law 1306): Plaintiff failed to comply with the requirements of NY Real Paperty and Proceedings Law 1306, a condition precedent to this f broclosme action. a Help for Homeowners in Foreelosure Notice Requirement (NY Real Paperty Actions and Proceedings IAw 1303): Plaintiff failed to comply with the requirements of NY Real Property and Proceedings Law 1303, a condition precedent to this foreclosure action. a Pending Foreelosure Action (NY Real Paperty Acdons and Proceedings Law 1301): PlaintifF impermissibly commenced this action because there is a prior pending action to recover all ar part of the mortgage debt. a Real Estate Settlement Procedures Act Early Interventlen Requirement (12 C.F.R ): Upon infortnation and belief, Plaintiff violated the early intervention requirements of the Real Estate Settlement Pmcedures Act because (check one or both if applicable): a Within 36 days of my delinquency. the loan servicer did not attempt to establish live contact with me to inform me about the availability of loss mitigation options. a Within 45 days of my delinquency, the loan servicer did not send me a written notice that included contact inf brmation for the servicer, a description of loss mitigation options available from the servicer, information about applying f br loss mitigation, and a websits listing housing counselors. a Real Estate Settlement Pseedures Act Pre,-Foreelesure Review Requirement (12 C.F.R ): Plainfif Fimpermissibly filed this fbreolosure during the pre-f breclosure review period because (check one or bom rapplicable): o Plaintiff commenced this action before my loan was more than 120 days delinquent. a 1 submitted a complete loss mitigation application to my loan servicer but Plaintif r.commenced this action (1) befhre the loan servicer made a decision on that application, (2) behre the time period to appeal the loan servicer's decision lapsed, or (3) before the loan servicer made. a decision on an appeal 1 submitted in connection with the loss mitigation application.. 2 a3 of 12

4 a FHA Pre--Foreclosure Requirements: My loan is insured by the Federal Housing P-M t-..tion. Upon information and belief; the loan servicedmortgagee has not complied with regulations of the Department of Housing and Urban Development because the loan servicer/matgagee did not do one or more of the fbilowing (check all that are applicable): a Send me a notice of defhnit before the end of the second month of my delinquency (24 C.F.R ). a Attempt to arrange a face-to-fhce interview with me before three full monthly due under the mortgage were unpaid (24 C.F.R ). a Evaluate me for loss mitigation befbre four full monthly installments due under the mortgage were unpaid (24 C.F.R ). a Wait until three full monthly installments due under the mortgage were unpaid before commencing this saaaaavawmowv fbreclosum action,av (24 we C.F.R. n ) a Certificate of Merit Requirement (NY Civil Practice Law and Rules 3012-b): Upon of' infbrmation and belief, Plaintiff failed to comply with the Certificate of Merit requiremmts of NY Civil Practice Law and Rules 3012-b. Request for Judicial Intervention (NY Codes, Rules and Regulations Title a(b)): ~Upon information and belief; Plaintiff did not file a Request fbr Judicial Intervention. Attorney's Fees (NY Real Property Law 282): If1retain counsel, I am entitled to recover ~ my attorney's ~ fees in defending this action pursuant to New York Real Property Law 282. a Excessive Interest and Fees (NY Civil Practice Law and Rules 3408(f)): In a prior foreclosure action, Plaintiff fhiled to negotiate in good fkith pursuant to CPLR 3408(f). This failure to negotiate in good faith has caused excessive interest and fees to accrue which Pla¾tiff, as a matter of equity and by operation of the CPLR, is not entitled to recover. Excessive Interest (NY Civil Practice Law and Rules 5001(a)): Plaintiff has unreasonably delayed filing thia action, failed to file the Request for Judicial Intervention or engaged in other dilatory conduct causing excessive interest to accrue which the Court may reduce or toll, as a matter of equity and by operation of the CPLR. Action Commenced Against a Deceased Party: This action is a nullity because it was commenced against Defendant after that party was already deceased and it should, therefore, be dismissed. a Other Defenses or Counterclaims (attach additional pleas (fnesahd): qpfhmor a sovn mukcq&:m) its eally efc' ef' marr. e Proten. be off-oreyteer P~eS wer-e effued 3 5Sotof la

5 ~l, wl, Iu Ia 5'w S'w ' 'c'e C'ei r~ i~ Wheref bre, Defendant requests that the Complaint be dismissed; that the relief requested by Defendant be granted in its entirety; that Deibndant be granted costs and attorneys' fees if he or she retains counsel; and any other relief allowed by law deemed just and proper by this Court in the exercise of its equity jurisdiction in this fbreclosure action, Dated: 2 Ý, 20, New York.. Defhndant Pro So 's Signature) (Defcedunt (l>l'enp i!i s Name) BIO (Defbndant's Address) e 5i~k (Defendant's,--- g( j~4> 'IX ~ (Defendant's Telephone Number) Prepared with the assistance of counsel ad mined in New York. 4 7of7 af 13 ia

6 VERIFICATION h LrOAOA. being duly sworn, state that the within Answer is e to the best of my knowledge, except as to those matan alleged upon infbrmadan and belief, which I believe to be true To >sh Ehrers (Defendant's Name) 4 (DefiBMbEt'B Signature) N P and before behsea+~ me ~ ~IS@I ri g of 20 -'6~" s~ P~~ " 29% 1DU ) gyle%~ gappy C 4y C ~~ )N Rl~ 5 >of 9of 1g 1R

7 4 I AFFIDAVIT OF SERVICE L eging c fi rc4., served the within ~ ~.. on PlaintifPs attorney as follows (q#orney's name and addhur) i' I served the V6&PZA VkÃKRIÃl> ': O h{dl ½SUV M by the following method (cheek an that-q mr pply): Ve" fi1set class mail a certified mail a certified mail, return receipt requested o ovemight delivery service a fhcsimile a personal delivery. ~ on the day of L r,. ç 201 I am eighteen years or older and I am not a Defendant in this lawsuit. I Signaturry vtt bot W Print Narne:. (not d Po r Swom to and subscribed before me this _. e_ day of Apr H. 20_f r' ~~(F.,.- +'0«~~'c t"'t.e ICI JOROEgg@gg ~+" r~~lrdsor~~ ~ossa Ittte oral ~ 4~ssawq epmmesen eases haueee~ ~~ aste 11 al of af 12