Pursuant to RPAPL 1302, the Plaintiff is the owner and holder of the subject Note and Mortgage, and has complied with all provisions of Banking Law §595-A, if applicable, and any rules and regulations promulgated thereunder.
The Defendants/ Obligors Ousman and Fatoumata J. Baldeh defaulted under the terms of the Loan Documents by failing to make all required payments thereunder, commencing as of January 1, 2020.
Plaintiff requests that in the event that this action will proceed to judgment of foreclosure and sale, said Premises should be sold subject to the following: a. Any state of facts an accurate survey may show; b.
Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made, by reason of any payment after the commencement of this action, of any or all of the defaults mentioned herein, and such election shall continue and remain effective until all amounts due and claimed herein are paid in full, together with any amounts which are due and have not yet been determined by the court including, but not limited to those arising from present or future defaults under the Loan Documents, together with the costs and disbursements of this action.
Plaintiff believes that during the pendency of this action, in order to protect the security of the within mortgage, it may be compelled to make advances to prior mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the fire insurance company, which advances are to be included in the balance due to plaintiff, plus interest, as provided for in the within Loan Documents foreclosed and deemed further secured thereby.