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1 FILED: RICHMOND COUNTY CLERK 01/09/ :48 AM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/09/2017 SUPREME COURT OF THE ST ATE OF NEW YORK COUNTY OF RICHMOND )( BANK OF AMERICA, N.A., - against - Plaintiff, HEATHER KARLSBERG; and "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, person or corporations, if any, having or claiming an interest in or lien upon the property described in the complaint. Index No.: summons Date Index No. Purchased: Richmond County is designated as place of trial on basis of Defendants' residence. Defendants )( To the above-named Defendant(s) Heather Karlsberg 173 Slater Boulevard, Staten Island, NY 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 Plaintiffs 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: New York, New York December 30, 2016 LLAWGROUP B : ulia Kiefer, Esq. ey for Plaintiff ifth A venue, Suite 3000 New York, New York (646) Fax: (212) of 9

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ::::-:--::-::~-:::-:-:--:==-=-=-~~~~~~~~~~~~-x BANK OF AMERICA, N.A., -against- Plaintiff, HEATHER KARLSBERG; and "JOHN DOE # l" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, person or corporations, if any, having or claiming an interest in or lien upon the property described in the complaint. Index No.: VERIFIED COMPLAINT Assigned Judge: Defendants, Plaintiff BANK OF AMERICA, N.A., ("Plaintiff') by its attorneys, Fidelity National Law Group, for its Verified Complaint alleges, with knowledge as to its own acts and upon information and belief as to all other matters, as follows: A. Nature of this Action 1. This action is brought for the purpose of obtaining a judgment directing the Richmond County Clerk, to accept for recording and to record copies of: (i) a mortgage in the amount of $42, dated December 22, 2006 (hereinafter the "Mortgage") (ii) a Consolidation Extension and Modification Agreement in the amount of $505, dated December 22, 2006 (hereinafter the "CEMA"), both given by defendant Heather Karlsberg to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., its successors and assigns, as well as the original of the iii) Assignment, dated August 5, 2015, assignging the CEMA and Mortgage to the Plaintiff. Both the CEMA and Mortgage are on the premises known as of 9

3 Slater Boulevard, Staten Island, New York ; Block 3710, Lot 56, in the City of New York, County of Richmond (hereinafter the "Premises"). 2. This action is brought in equity and under the provisions of Article 15 of the Real Property Actions and Proceedings Law to establish of record Heather Karlsberg's title to the Premises, as subject to the Mortgage and the CEMA held by proper assignment by the Plaintiff. 3. Further, this action is brought in equity and under the provisions of Article 15 of the Real Property Actions and Proceedings Law to remove clouds upon and quiet title and to establish Plaintiff's secured first position mortgage interest in the Premises of record. This is due to the the loss or destruction of the original Mortgage and the CEMA. B. The Parties 4. Plaintiff is a national banking association authorized to do business under the laws of the United States. 5. Defendant Heather Karlsberg is, and at all relevant times, a resident of Richmond County and is the current owner of the Premises. 6. Defendants John Doe # 1 through John Doe # 12 are persons or parties intended being the tenants, occupants, person or corporations, if any, having or claiming an interest in or lien upon the Premises. C. The Relevant Facts 7. Heather Karlsberg obtained title to the Premises from Margaret Karlsberg and Vittoria Petrillo by deed, dated December 20, 2004, which was recorded in the Richmond County Clerk's Office, on May 23, 2005, in Land Document No (hereinafter the "Deed"). A copy of the Deed is attached hereto as Exhibit "A". 2 3 of 9

4 8. On December 20, 2004, Heather Karlsberg executed and delivered a mortgage to Mortgage Electronic Registration Systems, Inc. as nominee for Encore Credit Corp. d/b/a ECC Encore Credit, its successors and assigns, in the amount of $463,000.00, which was recorded on May 23, 2005 with the Richmond County Clerk in Land Document No (hereinafter the "Mortgage"). A copy of the Mortgage is attached hereto as Exhibit "B". 9. On August 5, 2015, Mortgage Electronic Registration Systems, Inc., as nominee for Encore Credit Corp. DBA Ecc Encore Credit, executed an Assignment of Mortgage which assigned the Mortgage to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc, which was recorded on February 18, 2016 in the Richmond County Clerk in Land Document No (hereinafter the "Assignment of Mortgage"). A copy of the Assignment of Mortgage is annexed hereto as Exhibit "C". 10. On December 22, 2006, Heather Karlsberg executed and delivered a mortgage to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., its successors and assigns in the amount of $42, (hereinafter the "Gap Mortgage"). This Mortgage is to be recorded in the The Richmond County Clerk. A copy of the Gap Mortgage is attached hereto as Exhibit "D". 11. On December 22, 2006, the Mortgage and Gap Mortgage were combined pursuant to the terms of a Consolidated, Extension, Modification Agreement to form a single lien in the amount of $505, (hereinafter the "CEMA") A copy of the CEMA is attached hereto as Exhibit "E". 12. On August 5, 2015, Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., executed an Assignment of Mortgage, which assigned the 3 4 of 9

5 Mortgage, Gap Mortgage, and CEMA, as consolidated, to the Plaintiff. It was to be recorded with the Gap Mortgage and CEMA (hereinafter the "Assignment of MQrtgage 2"). A copy of the Assignment of Mortgage 2 is annexed hereto as Exhibit "F". 13. The Gap Mortgage, CEMA and Assignment of Mortgage 2 are valid on their face. 14. After the closing on December 22, 2006, the Gap Mortgage and the CEMA and Assignment of Mortgage 2 were entrusted to a representative of the title and abstract company for the purpose of recording such instruments with the Richmond County Clerk. 15. Upon information and belief the original Gap Mortgage and CEMA have been lost or inadvertently destroyed. Because the original Gap Mortgage and the CEMA cannot be located and presumably has been lost or inadvertently destroyed, the Mortgage evidencing Plaintiffs security interest in the amount of $505, is not secured as a first lien against the Premises. 16. If the Gap Mortgage and the CEMA are not recorded in the land records, then Heather Karlsberg will reap a windfall and become unjustly enriched all to the detriment and damage of Plaintiff who will be unable to fully enforce its security interest in the Premises. 17. The defendants claim, or it appears from the public records and the allegations of this Complaint each might claim, an estate or interest in the Premises adverse to the Plaintiff and are made parties therefore. 18. Upon information and belief, the defendants herein are of full age and sound mind and are not absentees, infants, incompetents, or alcohol abusers. 19. A judgment will not affect a person or person's not in being or ascertained at the commencement of this action, which by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property 4 5 of 9

6 involved. 20. No personal claim is made, in this action, against any defendants other than the Defendants who shall assert a claim adverse to the claim of Plaintiff set forth in this Complaint. 21. Plaintiff seeks judgment to the effect that the defendants and every person or entity claiming under them are barred from all claims to an estate or interest in the property described in the Complaint superior to the Plaintiffs Mortgage interests. 22. Plaintiff has no adequate remedy at law. FIRST CAUSE OF ACTION 23. Plaintiff repeats and reiterates each and every allegation contained in paragraphs "1" through "22" above as if fully set forth herein. 24. Plaintiff seeks an order directing the Richmond County Clerk, to accept for recording, and to then record, a copy of the Gap Mortgage in the original principal amount of $42, dated December 22, 2006, the CEMA in the amount of $505, dated December 22, 2006 attached hereto as Exhibit "D" and Exhibit "E," and the original Assignment of Mortgage 2 dated August 15, 2015 as Exhibit "F". SECOND CAUSE OF ACTION 25. Plaintiff repeats and reiterates each and every allegation contained in paragraphs "1" through "24" with the same force and effect as though fully set forth below. 26. Plaintiff seeks in the alternative an order directing that the debt due by Heather Karlsberg in the original Principal amount of $505, is secured by an equitable lien/constructive trust on the Premises. WHEREFORE, it is respectfully requested that the Court grant judgment to Plaintiff as 5 6 of 9

7 follows: (a) On the FIRST Cause of Action: for a judgment directing the Richmond County Clerk, to accept for recording, and to then record, a copy of the Gap Mortgage in the original principal amount of $42,680.5, the Consolidation Extension and Modification Agreement in the amount of $505,000.00, both given by Heather Karlsberg to Countrywide Home Loans, Inc., on December 22, 2006, and the original Assignment of Mortgage from MERS as nominee for Countrywide Home Loans, Inc. to the Plaintiff dated August 5, 2015, and attached hereto as Exhibit "D", Exhibit "E", and Exhibit "F" respectively, upon proper payment of all applicable taxes and fees. (b) In the alternative on the SECOND Cause of Action, an Order directing that the debt due by Heather Karlsberg to the Plaintiff in the original principal sum of $505, is secured by an equitable lien/constructive trust on the Premises and directing the Richmond County Clerk, to record said judgment in the land records evidencing such lien; ( c) On all Causes of Action: declaring that the Defendants, and every person or entity claiming under them by title accruing after the filing of the judgment roll, or of the Notice of Pendency of this action, as prescribed by law, be and the same hereby are forever barred and precluded from asserting such claim, the invalidity of which is established in this action, to an estate or interest in the Subject Premises, of any kind or nature whatsoever; ( d) On all Causes of Action: providing for such other and further relief as the Court may deem just and proper. Dated: New York, New York December 22, 2016 Fidelity National Law Group.. u ia Kiefer, Esq. t orneys for Plaintiff 5 Fifth A venue, Suite 3000 ew York, New York of 9

8 VERIFICATION State of Te\CcG County of \)c\...l \C6 thawka Ip 1'Sm11 ltl11xtrd::, being duly sworn deposes and says that: I am a /b<;\<jnol-(,cejfesidmrc>f Bank of America, N.A., the Plaintiff in the action and read the foregoing Complaint and known the contents thereof; that the same is true to my own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters I believe them to be true. Dated: Uc ember 88, 2016 BANK OF AMERICA, N.A. As sworn to me this 2 :l. day of 0Ltet11. big 2016 C/uv;-k ~ Notary Publi~ Cfl,/fc,,ni1j ~ CHRISTINY LYON Notary Public STATE OF TEXAS My Comm. Exp Notary ID# of 9

9 CERTIFICATE OF CONFORMITY STATEOF T~ COUNTYOF ~ I lob~ '() fvv7/n, an attorney duly licensed to practice law in the State of \ ~, affirm under penalty of perjury and certify that, I witnessed the signature of (,uf' N\e.1:4 ~ as applied to the Verification annexed to this Certificate, which was signed and dated on ~~ ' 2Q'b. The manner in which same was signed was, and is, in accordance with, and conforms to, the Laws for taking oaths and acknowledgments, in the State, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. IN WITNESS WHEREOF, I have hereunto set my signature, this 22-~y of~~ 16. ~r~ 8 [Signature] Ttfo /as P (\t\q)tj ~Cha,Ai Lc-P '2 JD( to<;~ ~SutK 2-ITo ~/ TJv 75'2o/ 9 of 9

FILED: ERIE COUNTY CLERK 09/19/ :42 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2014

FILED: ERIE COUNTY CLERK 09/19/2014 03:42 PM INDEX NO. 810780/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2014 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE WILL FOODS, LLC 1 07 5 William Street Buffalo,