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JOVIA FINANCIAL FEDERAL CREDIT UNION v. BRADLEY COHEN et al

Docket 620604/2024, New York State, Nassau County, Supreme Court (Nov. 20, 2024)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff JOVIA FINANCIAL FEDERAL CREDIT UNION F/K/A NASSAU EDUCATORS FEDERAL CREDIT UNION
Defendant Bradley Cohen
Defendant Lyndsey Cohen
...
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ORDER - RESIDENTIAL FORECLOSURE CONFERENCE

Document JOVIA FINANCIAL FEDERAL CREDIT UNION v. BRADLEY COHEN et al, 620604/2024, 20 (N.Y. Sup. Ct., Nassau County Mar. 20, 2025)
as nat meet the criteria of tet For cation, [Settiad- Loan Mad} dby the court, (Dismissed) sMtisd athe Wication.
Setthed) Dissaninued) ct telephone and lovenumber to the lender’s les mitigation representative ea _) BOVANCES: OeEXPIRED: PENDING APPROVAL.
RetainedCounselattite Representation nee | ncesennnnnnnnncota SSTRUR Date: sat: Gwner of the Mortgage and Nate j Na0ccceseneeneteneenetnnnenenennnee Prine Maditicatio
FRE R068 BEE RE 2 AEM NE I nD BONE LO ILerOA NS ADND OF BSnDLOENE SN atDAD maroPanA eas eee cconee BE
The ist of Housing Counseling Organizations was previously mailed to me/us or to my client by the Court, along with the notice of this foreclosure settlement conference.
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ANSWER VERIFIED ANSWER TO FORECLOSURE COMPLAINT

Document JOVIA FINANCIAL FEDERAL CREDIT UNION v. BRADLEY COHEN et al, 620604/2024, 17 (N.Y. Sup. Ct., Nassau County Jan. 13, 2025)
Plaintiff owner of the-note loan does not ownthenete and upon information and belief, does not have standing to sue because it was not the legal therefore the time it commencedthis foreclosure and/or mortgage at lawsuit.
Co. v. Abraham, 55 N.Y.S.3d 336 (2d Dep't Nat'l Ass I v. Wood, 55 N.Y.S.3d 109, 111 (2d Dep't 2017) (fmding 2017); see Citibank, to prove compliance with RPAPL§ 1304); that mere recitation of tracking number fails Cenlar, FSBv.
with regulations (NY Civil Practice Law and Rules § 5001(a)): Excessive Interest has unreasonably Plaintiff delayed filing the Request for Judicial this action, failed to file or engaged in Intervention conduct causing excessive interest other dilatory to accrue which the Court mayreduce or as a matter of equity and by operation of the CPLR.
toll, Other Defenses (attach pages if needed): additional o ketp fle how inh/M \ Gym loo twdem, remsiraume I a.L fJ1c se
Sworn to and subscribed before methis 7 d of 77on g , 20as otary Public Florkle Honha State of NewYork Notary P NO.02HO8404ti82 QuaMedin Bronx County MyCommission Empires Mar. 02 20
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SUMMONS + COMPLAINT

Document JOVIA FINANCIAL FEDERAL CREDIT UNION v. BRADLEY COHEN et al, 620604/2024, 1 (N.Y. Sup. Ct., Nassau County Nov. 20, 2024)
STATES OF AMERICA (EASTERN DISTRICT) and “JOHN DOE No. 1" through "JOHN DOE No. 10" inclusive, the names of the last 10 defendants being fictitious, the true names of said defendants being unknown to Plaintiff, it being intended to designate fee owners, tenants or occupants of the mortgaged premises and/or persons or parties having or claiming an interest in or a lien upon the mortgaged premises described in the complaint herein,
The Mortgaged Property is more particularly described and identified by the legal metes and bounds description of the land included and improvements thereon described in Schedule A annexed hereto and made a part hereof.
PAYMENT IN FULL—if all of the conditions stated in subparagraphs (A), (B) and (C) of this Paragraph 17 are satisfied, Lender may require that you pay immediately the entire amount then remaining unpaid under the Credit Agreement and ll1der this Mortgage.
Pursuant to the provisions set forth in paragraph 17 of the Mortgage, Plaintiff also 720555.026 seeks recovery of all reasonable legal expenses incurred in connection with this foreclosure action.
If it becomes necessary to protect the security and the lien of the Mortgage and its priority and the rights of a purchaser at the foreclosure sale, for Plaintiff to pay taxes, assessments, vault charges, water and sewer charges, plus interest and penalties thereon, that are or may become liens upon the Mortgaged Property (including purchase and/or redemption of liens and certificates 720555.026 sold at tax sales), taxes, and other charges that must be paid as a prerequisite to recording the referee’s deed in foreclosure, premiums of insurance policies and other charges, costs of service, repairs, and maintenance incurred for protection of the security, then Plaintiff hereby demands that any monies that may so be expended shall be added to the amount evidenced and secured by the Mortgage or any judgment of foreclosure and sale entered herein, together with interest thereon from the time of such payment and that the same be paid to Plaintiff from the proceeds of the foreclosure sale herein.
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NOTICE OF APPEARANCE AND CLAIMS TO SURPLUS MONIES

Document JOVIA FINANCIAL FEDERAL CREDIT UNION v. BRADLEY COHEN et al, 620604/2024, 19 (N.Y. Sup. Ct., Nassau County Feb. 13, 2025)
PLEASE TAKE NOTICE that the defendant United States of America (the “United States”), hereby appears in the action and that the undersigned is duly authorized to appear as attorney for said defendant therein (except as noted below), and hereby waives service of all papers and notice of all proceedings in said action with the exception of the following: 1.
Notice of any motion or other paper seeking to challenge the lien or other interest of record of the United States;
PLEASE TAKE FURTHER NOTICE that to the extent that the pleading served on the United States fails to set forth with particularity an interest or lien of the United States, or to provide the information specifically required with respect to any federal tax lien in the manner required under 28 U.S.C. § 2410(b) (requiring the name and address of the taxpayer whose liability created the lien and, if a notice of the tax lien was filed, the identity of the internal revenue office which filed the notice and the date and place such notice of lien was filed), the undersigned is not authorized to appear for the United States in respect to such unidentified or inadequately identified interest or lien of the United States, and the United States will maintain that it is not party to the matter for purposes of such unidentified or inadequately identified interest of the United States because the statutory waiver of sovereign immunity is conditioned upon compliance with § 2410(b).
PLEASE TAKE FURTHER NOTICE that, if the pleading that has been served on the United States does refer to a federal tax lien or any other interest of the United States both hereinafter referred to as the “lien,” (and contains the information required in respect to such a lien pursuant to § 2410(b)), then the United States hereby (1) alleges that the lien attaches to the property that is the subject of this action, (2) agrees that the property may be sold free and clear of said lien, with said lien to attach to the sale proceeds with the same effect and priority the lien had with respect to the property, if (and only if) the sale is to satisfy a lien that is superior to that of the United States, and if (and only if) the provisions of 28 U.S.C. § 2410 are otherwise complied with and the United States is notified of the sale such that it may exercise its right of redemption under § 2410(c), and is further notified of any surplus proceeds, to which this filing is intended to assert a claim The United States does not hereby consent to a sale free and clear of any lien of the United States that is superior to the lien that a sale is made to satisfy.
In the event that a sale pursuant to the plaintiff’s complaint results in surplus proceeds, the United States is without knowledge of the validity, extent, or priority of any claim of any co-defendant and reserves the right to address such matters at such time as a dispute over surplus proceeds becomes ripe.
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COURT NOTICE

Document JOVIA FINANCIAL FEDERAL CREDIT UNION v. BRADLEY COHEN et al, 620604/2024, 18 (N.Y. Sup. Ct., Nassau County Feb. 6, 2025)
You may request a Poor Person Relief form from the court or your legal service provider or housing counselor.
The Plaintiff/lender must have: * A copy of the Note and Mortgage * The payment history and the amounts needed to cure and payoff the loan.
* A summary of the status of the lender's or servicing agents evaluation for loan modification programs or other loss mitigation options and a list of any outstanding items required by the borrower to complete the application.
* Plaintiff/lender must have an appropriate loan modification application packet available at the conference and have a representative of Plaintiff's loss mitigation department with knowledge and authority concerning this mortgage available by telephone.
A failure by Plaintiff/lender to adhere to the directives of this paragraph may constitute a default, resulting in sanctions or other court action including but not limited to; the Page 2 of 3 ordering of a hold on mortgage payments pending resolution of the litigation.
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RJI -RE: RESIDENTIAL MORTGAGE FORECLOSURE SETTLEMENT CONFERENCE

Document JOVIA FINANCIAL FEDERAL CREDIT UNION v. BRADLEY COHEN et al, 620604/2024, 14 (N.Y. Sup. Ct., Nassau County Dec. 10, 2024)
If none, leave blank.
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ADDENDUM - FORECLOSURE (840F)

Document JOVIA FINANCIAL FEDERAL CREDIT UNION v. BRADLEY COHEN et al, 620604/2024, 15 (N.Y. Sup. Ct., Nassau County Dec. 10, 2024)
Supreme COURT, COUNTY OF Nassau For use in ALL mortgage foreclosure actions where the property is: (check if applicable) ☒ 1.
Instructions If # 1 or # 2 is applicable: Select "Residential Mortgage Foreclosure Settlement Conference" as the Nature of Judicial Intervention on the RJI.
The Defendant/Respondent Information section below MUST be completed for all defendants and attached to the RJI.
e-mail: 90-day Notice [RPAPL § 1304(1)] mailed on: 08/01/2024 Primary Phone: Secondary Phone: Address: 271 Cadman Plaza 7th Floor,, Brooklyn, NY 11201 e-mail: Comments:
Name: it being intended to designate fee owners, tenants or occupants Address: , , Comments: First Name: JOHN Primary Phone: Secondary Phone: 90-day Notice [RPAPL § 1304(1)] mailed on: e-mail: 90-day Notice [RPAPL § 1304(1)] mailed on: Primary Phone: Secondary Phone: e-mail: 90-day Notice [RPAPL § 1304(1)] mailed on: ATTENTION: Proof of service must be filed with this RJI for each defendant upon whom a summons and complaint or summons with notice has been served.
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