Defendants are and were at all times alleged herein and in the complaint entitled to various specific notices and demands prior to the institution of a foreclosure action including, inter alia, compliance with RPAPL § 1304, and compliance with provisions of the alleged note and mortgage in providing notice of the specific default, required opportunity to cure, demand for payment of the entire sum secured by the mortgage and as otherwise is applicable according to controlling loan documents, statute or law.

Defendants are and were at all times alleged herein and in the complaint entitled to various specific notices and demands prior to the institution of a foreclosure action including, inter alia, compliance with RPAPL § 1304, and compliance with provisions of the alleged note and mortgage in providing notice of the specific default, required opportunity to cure, demand for payment of the entire sum secured by the mortgage and as otherwise is applicable according to controlling loan documents, statute or law.

Plaintiff’s Complaint fails to provide adequate information regarding compliance with RPAPL 1304 and 1306 and the newly imposed NYS Banking Department requirements.

Solely on account of the foregoing and pursuant to the Real Property Law § 282, Defendant is entitled to recover counsel fees in the defense hereof.

WHEREFORE, Defendants demands judgment against the Plaintiff dismissing the complaint herein and for such other, further and additional relief as this Court may seem just and equitable, together with the costs and disbursements of this action, including but not limited to:

In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process.

As of the date of default, the principal balance due and owing pursuant to the terms of the Note, Mortgage and/or Modification Agreement is $69,773.46, together with accrued interest, taxes, assessments, water rates, maintenance, late fees, insurance premiums, escrow advances, reasonable attorneys' fees, and any other charges that are validly due and owing pursuant to the terms of the Note, Mortgage and/or Modification Agreement, to be calculated and established at the time Plaintiff applies for Judgment of Foreclosure or Sale.

Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous.

Ithasthefollowinglegaldescription: ALL that certain or parceI p1ot, piece of Iand, and being situate, Iying the VIIlage in of Dobbs Ferry, Town of Greenburgh, Westchester County, New York, shown and designated on a certain map entitIed, "Map of Property Situate in the VIIlage of Dobbs Ferry, Westchester Co., N.Y., Belonging to Abraham Showing Proposed Street Known as Brace Terrace", Kaimowitz, made by W.A.

this happens at a time when I am keeping all of my promises and agreements If made in this Mortgage, I will have the right to have the excess amount either promptly repaid to me as a direct to my future monthly payments of Funds.

2( 3 t.t A Residential Forecl osure Conference was held on Appearances For plainti ff(s) ("P") D Retained Counsel ffer Diem rl

Not Has the defendant filed an answer: tr *; This case does not meet the criter iform Rule 202.12(a).

(FscNER) (FscNEU) _ E D failed to appear at the scheduled conference, P to proceed with the acion.

(FSCD ETR) (FSCDmJ) LOAN AND INcoME INFORMATION Mortgage Date: Default Date: Plaintiff alleges that it i ner of the Mortgage and Note E Yes E No _i_ Prior Modification l Prior Modification 2 4 229 It-L s tat u Other: 710.

(FSCCNSR) (FSCCNSU) Unless oth, Court, fail ure to proceed will result in dismissal of the action.

Scully RohanCumberbatch Deputy Chief Clerks Dear Homeowner: A mortgage foreclosure at 35 Brace Terrace , Dobbs Ferry , case has been started you for against the property located ignore this notice or any court papers that you receive.

If you are requesting a waiver of costs, please of counsel, and submit complete the enclosed application to the Court on your scheduled conference date indicated above.

con la posibilidad LIámelos al (914) mNewYork State Banking Department (Departamento web www.banking.state.ny.us Bancario del Estado de NewYork):

Myestimated current monthly expenses are as follows: Type: Lj Housing (list amounts OMortgage payment before foreclosure for primary OReal property taxes OHomeowners' insurance residence DHomeowners' association/condominium only) maintenance, and repairs Include phone, water, gas, electric intemet, heating Other Type: (include medical or dental expenses DOut-of-pocket expenses for OHealth insurance premiums dependents) DChild support payments OTransportation public transportation (including car loan payments, gas) insurance, OSpousal support payments (also known as alimony) OEducation DChildcare ¤Other (specify): Year: Year: Year: Year: fees, service, and fares,

to be redacted personal and financial I request the court allow all confidential information that is made available requirements and rules if this application according to any appliable to statutory I must provide additional copies with the the public.