FILED: BRONX COUNTY CLERK 10/24/ :08 PM INDEX NO /2015E NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/24/2016. Exhibit 1

Transcription

1 FILED: BRONX COUNTY CLERK 10/24/ :08 PM INDEX NO /2015E NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/24/2016 Exhibit 1

2 FILED: BRONX COUNTY CLERK 12/03/ :27 PM INDEX NO /2015E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/03/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Citibank, N.A., Plaintiff, vs. Louise Hamilton as Administratrix of The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr., and as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.; Karen Harrell as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.; Wanda Hamilton as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr; Natalie Hamilton as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.; Linda Hamilton-Riley as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.; Cheryl Hamilton as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.; Valda Hamilton-Brown as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.; Nathaniel Smith as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.; New York State Department of Taxation and Finance; United States of America o/b/o Internal Revenue Service; Criminal Court of the City of New York; Capital One Bank (USA) N.A.; Bronx Supreme Court; State of New York Civil Recoveries; City of New York Department of Finance Parking Violations Bureau City Collector & Bronx Redemption Center; City of New York Environmental Control Board; John Doe #1 through #6, and Jane Doe #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. AMENDED COMPLAINT FOR MORTGAGE FORECLOSURE INDEX NO.: E MORTGAGED PREMISES: 1659 Topping Avenue Bronx, New York Block: 2791 Lot: 20 Plaintiff, Citibank, N.A. ( Plaintiff ), by its Counsel, Buckley Madole, P.C., and for its

3 Complaint against the above named Defendants, alleges as follows: 1. Plaintiff, a national bank organized under the laws of the United States of America, is the owner and holder of the note and mortgage to be foreclosed in this action, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject note and mortgage. 2. On or about May 17, 2001, Borrower Nathaniel Hamilton (deceased) executed and delivered to American Home Mortgage a certain note (the Note ) whereby he bound himself in the amount of $142,500.00, together with accrued interest on the unpaid principal balance and such other amounts until paid, pursuant to the terms of the Note. The Note bears an initial interest rate of 6.750%. A copy of the Note is attached hereto as Exhibit A. 3. To secure payment of the Note, Borrower Nathaniel Hamilton (deceased) granted a mortgage (the Mortgage ) against the property owned by him located at 1659 Topping Avenue, Bronx, New York (the Mortgaged Premises ) to American Home Mortgage in the amount of $142, on May 17, The Mortgage was recorded in the Bronx County Clerk's Office on June 19, 2001, in Reel 1877, Page 0219, at which time the mortgage recording tax was duly paid. A copy of the Mortgage is attached hereto as Exhibit B. 4. The Mortgage has been assigned as follows: (a) From American Home Mortgage to Chase Manhattan Mortgage Corporation by Assignment of Mortgage dated July 26, 2001 and recorded in the Bronx County Clerk's Office on July 31, 2001 in Reel 1891, Page A copy of the assignment is attached hereto as part of Exhibit B

4 (b) From JPMorgan Chase Bank, National Association S/B/M to Chase Home Finance LLC S/B/M to Chase Manhattan Mortgage Corporation to CitiMortgage, Inc. by Assignment of Mortgage dated April 9, 2013 and recorded in the Bronx County Clerk's Office on August 20, 2014 as CRFN A copy of the assignment is attached hereto as part of Exhibit B. (c) From CitiMortgage, Inc. to Citibank, N.A. by Assignment of Mortgage dated September 14, 2015, to be recorded. A copy of the assignment is attached hereto as part of Exhibit B. 5. The tax map designation of the Mortgaged Premises is known as or part of Block: 2791 Lot: 20. The full legal description of the Mortgaged Premises is attached hereto as Exhibit C. 6. The Defendant referenced in paragraphs 2 and 3 above has failed to comply with the terms of the Note and/or Mortgage by failing to pay the monthly payment amount due on May 1, 2009 and each subsequent payment that has come due thereafter, together with any other amounts for taxes, assessments, water rates, escrow, insurance premiums and/or any other charges that have come due and are payable under the terms of the Note and Mortgage since the date of default set forth above. 7. The requisite contractual notice, if applicable, was sent by Plaintiff's servicer in accordance with the terms of the Mortgage notifying the borrower of the default, advising of the actions necessary to cure said default, the date by which to cure being at least thirty (30) days from the date of said notice, and advising of the borrower s right to present a defense to the lawsuit. Despite the written demands, the default has not been cured. As a result, Plaintiff hereby elects and demands that the entire principal sum due on the Note, along with all unpaid interest, advances, fees and costs are accelerated and are now due and payable

5 8. As of the date of default, the principal balance due and owing pursuant to the terms of the Note and/or Mortgage is $127,258.15, 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 and/or Mortgage, to be calculated and established at the time Plaintiff applies for Judgment of Foreclosure or Sale. 9. In order to protect its security, Plaintiff (directly and/or through its servicer or agent) has made advances, or may be obligated during the pendency of this action to make advances, for the payment of taxes, insurance premiums and other necessary charges affecting the Mortgaged Premises. Any such sums advanced under the terms of the Note, together with interest (to the extent allowed), are to be added to the sum otherwise due on and be deemed secured by the Mortgage. 10. All Defendants herein may have, or claim to have, some interest in, or lien upon the Mortgaged Premises or some part thereof, which interest or lien, if any, has accrued subsequent and/or subject to the lien of Plaintiff's Mortgage. 11. The Defendants identified more fully in Exhibit D are made parties solely for the reasons set forth in said Exhibit. 12. The Defendants identified more fully in Exhibit E are governmental entities made parties solely by reason of the facts set forth in said Exhibit. 13. Defendants, John Doe #1-6 and Jane Doe #1-6, are unknown occupants, if any exist, of the Mortgaged Premises being foreclosed or may be any persons or entities of any kind otherwise claiming a lien or interest in or against the Mortgaged Premises

6 14. Plaintiff has complied with the applicable provisions of RPAPL 1304 and the Banking Law, specifically 595-a, 6-1 and/or 6-m if applicable, in that the requisite notice was sent by its servicer, in at least fourteen point type, and containing a list of at least five housing counseling agencies as designated by the division of housing and community renewal that serve the region where the borrower resides, to the borrower by registered or certified mail and also by first class mail to the last known address of the borrower, and if different, to the residence that is the subject of the Mortgage. Further, Plaintiff has complied with the applicable provisions of RPAPL 1306 in that the notice required by RPAPL 1304, if necessary, was filed with the superintendent of banks within three business days of mailing. If applicable, copies of the notices and registration are collectively attached hereto as Exhibit F. 15. In the event this action proceeds to a judgment in foreclosure and sale of the Mortgaged Premises, Plaintiff requests that the Mortgaged Premises be sold subject to any statement of facts an inspection of the Mortgaged Premises would disclose or an accurate survey would show; covenants, restrictions, easements and public utility agreements of record, if any; building and zoning ordinances and possible violations of same; any rights of tenants or persons in possession of the Mortgaged Premises; any equity/right of redemption of the United States of America within 120 days of the sale; and, any prior mortgages and liens. 16. If the Mortgage secures more than one property, Plaintiff requests the judgment in foreclosure provide for the sale of the properties in a particular order to the extent necessary to satisfy the amounts due as determined by this Court. 17. Pursuant to the terms of the Mortgage, Plaintiff is entitled to recover attorneys' fees and costs incurred in connection with this action. 18. All Exhibits attached hereto are expressly incorporated and made part of the Complaint with the same force and effect as if they were set forth herein

7 19. There are no other pending proceedings to enforce the referenced Note and Mortgage. To the extent there are any prior proceedings, it is the intention of the Plaintiff that any such action be discontinued and the instant action be the only pending action. WHEREFORE, Plaintiff, Citibank, N.A., demands judgment: 1. Adjudging and decreeing that any advances Plaintiff or its servicer or agent made or will make pursuant to the terms of the Note and/or Mortgage for the payment of taxes, insurance premiums and other necessary charges affecting the Mortgaged Premises, together with interest (to the extent allowed), are valid liens against the Mortgaged Premises. 2. Fixing the amounts due the Plaintiff for all amounts due under the Note and/or Mortgage, including, but not limited to principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney's fees (to the extent allowed under the Note and/or Mortgage) and all other monies advanced and paid which are secured by the Mortgage; 3. That the Defendants and all parties claiming by, through or under them and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a Defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said Mortgaged Premises; 4. That said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts due herein, be decreed to be sold according to law subject to any statement of facts an inspection of the Mortgaged Premises would disclose or an accurate survey of the Mortgaged Premises would show; as further discussed in the Complaint above;

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9 VALIDATION OF DEBT PURSUANT TO 15 U.S.C. 1692G (The Fair Debt Collection Practices Act) 1. The letter to which this Validation of Debt is attached relates to a debt owed to Citibank, N.A. which is serviced by JPMorgan Chase Bank, N.A.. The amount due on the debt as of July 31, 2015 is $218, This amount does not include any payments or advances made, or expenses incurred, after that date. 2. Unless the consumer disputes the validity of the debt, or any portion of the debt, within thirty (30) days after receiving this notice, the law firm of Buckley Madole, P.C. will assume the debt to be valid. 3. If the consumer notifies Buckley Madole, P.C. within the thirty (30) day period that the debt or any portion of the debt is disputed, Buckley Madole, P.C. will obtain verification of the debt and mail a copy of the verification to the consumer. 4. Upon the consumer's written request within the thirty (30) day period, Buckley Madole, P.C. will provide the consumer with the name and address of the original creditor, if different from the current creditor. 5. Disputes, notifications and requests pursuant to this Validation of Debt should reference Buckley Madole, P.C.'s file number, which is , and be mailed as follows: Buckley Madole, P.C. 28 West 44 th Street, Suite 720 New York, NY Attn: Fair Debt Clerk To the extent Buckley Madole, P.C. is deemed a debt collector under federal law, this is an attempt to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or have received a bankruptcy discharge, this letter is for information purposes only and is not intended to be an attempt to collect a debt or an act to collect, assess or recover any portion of the debt from you personally. Assert and protect your rights as a member of the Armed Forces of the United States. If you or your spouse is serving on active military duty, including active military duty as a member of the New York National Guard or the National Guard of another state, or as a member of a reserve component of the Armed Forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately

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48 500-A Canal View Boulevard, Rochester, NY P: ( / F: ) Title No.: WTA SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Bronx, County of Bronx, City and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Topping Avenue distant 94 feet 11 inches southerly from the corner formed by the intersection of the westerly side of Topping Avenue and the southerly side of 173 rd Street; and RUNNING THENCE westerly at right angles to Topping Avenue 95 feet; THENCE southerly parallel with Topping Avenue 20 feet 1 inch; THENCE easterly at right angles to Topping Avenue and part of the way through a party wall 95 feet to the westerly side of Topping Avenue; and THENCE northerly along the westerly side of Topping Avenue 20 feet 1 inch to the point of BEGINNING.

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50 DEFENDANTS Exhibit D Louise Hamilton as Administratrix of The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr., and as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr Topping Avenue Bronx, New York Topping Avenue Bronx, New York CAPACITY Mortgagor Nathaniel Hamilton, deceased, executed a mortgage to American Home Mortgage in the amount of $142,500.00, dated May 17, 2001 and recorded in the Bronx County Clerk's Office on June 19, 2001, in Reel 1877, Page Said Mortgage was assigned from American Home Mortgage to Chase Manhattan Mortgage Corporation by Assignment of Mortgage dated July 26, 2001 and recorded in the Bronx County Clerk's Office on July 31, 2001 in Reel 1891, Page Said Mortgage was further assigned from JPMorgan Chase Bank, National Association S/B/M to Chase Home Finance LLC S/B/M to Chase Manhattan Mortgage Corporation to CitiMortgage, Inc. by Assignment of Mortgage dated April 9, 2013 and recorded in the Bronx County Clerk's Office on August 20, 2014 as CRFN Said mortgage was further assigned from CitiMortgage, Inc. to Citibank, N.A. by Assignment of Mortgage dated September 14, 2015, to be recorded. Morgagor Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. died a resident of Bronx County on October 24, A decree Granting Letters of Administration to Louise Hamilton was filed on June 5, 2006 in the Bronx County Surrogate s Court. Said Order is attached hereto as part of this Exhibit. Karen Harrell, as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. 677 Garfield Avenue Bridgeport, Connecticut Heir-at-Law to The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr., deceased. Heir-at-Law to The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.

51 Wanda Hamilton, as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr Monroe Avenue, Apt. 1 Bronx, New York Natalie Hamilton, as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr Monroe Avenue, Apt. #2 Bronx, New York Linda Hamilton-Riley, as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr Monroe Avenue Bronx, New York Cheryl Hamilton, as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr Monroe Avenue, Apt. 3 Bronx, New York Valda Hamilton-Brown, as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr Blackmon Drive Decatur, Georgia Nathaniel Smith, as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. 416 E. 137th Street Bronx, New York Capital One Bank (USA) N.A Cox Road Glen Allen, Virginia John Doe #1 through #6, and Jane Doe #1 through #6 Heir-at-Law to The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. Heir-at-Law to The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. Heir-at-Law to The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. Heir-at-Law to The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. Heir-at-Law to The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. Heir-at-Law to The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. Possible Subordinate Lienor by virtue of judgment attached. These names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein.

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56 Exhibit E New York State Department of Taxation and Finance Albany, New York WA Harriman State Campus Albany, New York, United States of America o/b/o Internal Revenue Service Criminal Court of the City of New York 215 E 161 Street Bronx, New York Bronx Supreme Court 265 East 161 Street Bronx, New York State of New York Civil Recoveries The Capitol Albany, New York City of New York Department of Finance Parking Violations Bureau City Collector & Bronx Redemption Center 1932 Arthur Avenue, 1st Floor Bronx, New York City of New York Environmental Control Board th Avenue Jamaica, New York Possible Subordinate Lienor by virtue of judgments attached. Possible Subordinate Lienor by virtue of unpaid New York State Estate Taxes against The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr., if any. Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. died a resident of Bronx County on October 24, Possible Subordinate Lienor by virtue of unpaid Federal Estate Taxes against The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr., if any. Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr. died a resident of Bronx County on October 24, Possible Subordinate Lienor by virtue of judgments attached. Possible Subordinate Lienor by virtue of judgments attached. Possible Subordinate Lienor by virtue of judgment attached. Possible Subordinate Lienor by virtue of judgments attached. Possible Subordinate Lienor by virtue of judgments attached

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105 WTA AB Amt: $ Interest: $1.53 SMITH NATHAN J 100 W 76TH ST # 2S NEW YORK NY No. of Judgments 2 Plate No. GBN4222 Page 10/12 Amt: $ Interest: $16.34 SMITH NATHANIEL 947 E 156TH ST FL 2 BRONX NY No. of Judgments 5 Plate No. FZX7102 Amt: $ Interest: $62.02 SMITH NATHANIEL A 214 W 116TH ST # 5C NEW YORK NY No. of Judgments 17 Plate No. EXW1294 Amt: $ Interest: $ SMITH NATHASA M 1851 PITKIN AVE # 2 BROOKLYN NY No. of Judgments 2 Plate No. CDX2500 Amt: $ Interest: $42.64 END RETURNS ***************************************************************** (Environmental Control Board (Fire and Building) Ending Date 08/31/15) Search Parameters Last:SMITH SMITH 2115 AVENUE U BKLYN, NY ECB Violation No.: R First:NAT Date 10/10 Amt: $2, SMITH 2504 HANOVER AVE RICHMOND, VA ECB Violation No.: Date 12/14 Amt: $ NAT 315 EAST 102 STREET NEW YORK, NY ECB Violation No.: Date 04/09 Amt: $ END RETURNS ***************************************************************** Uniform Commercial Code from ( 10/01/ /24/15 ) Bronx County Search Parameters Last:SMITH First:NAT Document ID CRFN Instrument INITIAL COOP UCC1 Filed 06/23/2015 Collateral N/A File No DEBTOR Info: KERNAN, RYAN M 811 WALTON AVENUE, UNIT A6 BRONX NY /12 Monday September 28, 2015

106 Title No: 2024 WTA WTA AB Page 1/8 COUNTY CLERK SEARCH( 09/28/2015 ) SPECIAL NAME SEARCH Last Name: ( HAMILTON ) First Name: ( CHE ) COUNTY: ( BRONX ) Run Date: 06/01/2015 To: 09/28/2015 ***************************************************************** JUDGMENTS Bronx County from ( 08/90 to 09/24/15 ) Search Parameters Last:HAMILTON First:CHE All Types Of Liens END RETURNS ***************************************************************** PVB (Parking Violations Bureau Ending Date 08/26/15) Search Parameters Last:HAMILTON First:CHE HAMILTON CHERAY I 751 LINCOLN AVE BROOKLYN NY No. of Judgments 17 Plate No. EAR6657 Amt: $ Interest: $ HAMILTON CHERAY I 751 LINCOLN AVE BROOKLYN NY No. of Judgments 1 Plate No. GVJ3618 Amt: $95.00 Interest: $.21 HAMILTON CHERYL J 158 N ELLIOTT WALK # BROOKLYN NY No. of Judgments 4 Plate No. ETP9534 Amt: $ Interest: $ HAMILTON C L 1269 BUSHWICK AVE # BROOKLYN NY No. of Judgments 10 Plate No. FWE9867 Amt: $ Interest: $ HAMILTON C R 184 E 96TH ST # 4A BROOKLYN NY No. of Judgments 3 Plate No. FJG7897 Amt: $ Interest: $ HAMILTON C T TH RD QUEENS VLG NY No. of Judgments 2 Plate No. GTT1395 Amt: $ Interest: $.08 END RETURNS ***************************************************************** (Environmental Control Board (Fire and Building) Ending Date 08/31/15) Search Parameters Last:HAMILTON First:CHE HAMILTON HEIGHTS CHESTER ASSOC Monday September 28, /8

107 Last Name: ( HAMILTON ) First Name: ( LIN ) COUNTY: ( BRONX ) WTA AB Page 5/8 Run Date: 06/01/2015 To: 09/28/2015 ***************************************************************** JUDGMENTS Bronx County from ( 08/90 to 09/24/15 ) Search Parameters Last:HAMILTON First:LIN All Types Of Liens END RETURNS ***************************************************************** PVB (Parking Violations Bureau Ending Date 08/26/15) Search Parameters Last:HAMILTON First:LIN HAMILTON LINDY N 930 SHERIDAN AVE # 7 BRONX NY No. of Judgments 1 Plate No. CVK3729 Amt: $ Interest: $82.09 HAMILTON LINEEKA A 984 E 37TH ST BROOKLYN NY No. of Judgments 1 Plate No. DGC9929 Amt: $75.00 Interest: $50.27 END RETURNS ***************************************************************** (Environmental Control Board (Fire and Building) Ending Date 08/31/15) Search Parameters Last:HAMILTON HAMILTON AVENUE NEW YORK, NY ECB Violation No.: First:LIN Date 12/14 Amt: $ END RETURNS ***************************************************************** Uniform Commercial Code from ( 10/01/ /24/15 ) Bronx County Search Parameters Last:HAMILTON First:LIN END RETURNS ***************************************************************** Federal Tax Liens from ( 01/94 09/24/15 ) Manhattan, Bronx, Queens, Kings County Search Parameters Last:HAMILTON First:LIN END RETURNS ***************************************************************** TAB (Transit Adjudication Bureau from 06/04/1986 to 09/18/15) Search Parameters Last:HAMILTON First:LIN END RETURNS ***************************************************************** Monday September 28, /8

108 WTA AB ***************************************************************** Page 5/6 (Environmental Control Board (Fire and Building) Ending Date 08/31/15) Search Parameters Last:BROWN BROWN VALERIE AVENUE SPRINGFIELD GDN, NY ECB Violation No.: N First:VAL Date 02/15 Amt: $ BROWN VALERIE 2111 DIX AVENUE FAR ROCKAWAY, NY ECB Violation No.: Date 02/14 Amt: $20.07 BROWN AVENUE CORONA, NY ECB Violation No.: Date 03/13 Amt: $ END RETURNS ***************************************************************** Uniform Commercial Code from ( 10/01/ /24/15 ) Bronx County Search Parameters Last:BROWN First:VAL END RETURNS ***************************************************************** Federal Tax Liens from ( 01/94 09/24/15 ) Manhattan, Bronx, Queens, Kings County Search Parameters Last:BROWN First:VAL END RETURNS ***************************************************************** TAB (Transit Adjudication Bureau from 06/04/1986 to 09/18/15) Search Parameters Last:BROWN First:VAL BROWN TH AVE NEW YORK, NY TAB Violation No.: Dated 07/20/2015 Amount: $ Total with Interest: $ END RETURNS ***************************************************************** Monday September 28, /6

109 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: X AB Page 2/7 Date 04/10 Amt: $25.00 HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: Z Date 01/10 Amt: $ HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: K Date 01/10 Amt: $ HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: Date 04/08 Amt: $ HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: Date 09/11 Amt: $ HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: L Date 05/10 Amt: $ HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: K Date 06/10 Amt: $25.00 HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: N Date 01/08 Amt: $ HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: M Date 01/08 Amt: $ HAMILTON NATHANIEL 7657 TOPPING AVENUE BRONX, NY ECB Violation No.: Date 10/15 Amt: $ HAMILTON NATHANIEL 1657 TOPPING AVENUE BRONX, NY ECB Violation No.: R Date 09/10 Amt: $ /7 Tuesday December 01, 2015

110 Last Name: ( Hamilton ) First Name: ( Cher ) COUNTY: ( BRONX ) AB Page 4/7 Run Date: 10/17/2015 To: 12/01/2015 ***************************************************************** JUDGMENTS Bronx County from ( 08/90 to 11/30/15 ) Search Parameters Last:Hamilton First:Cher All Types Of Liens END RETURNS ***************************************************************** PVB (Parking Violations Bureau Ending Date 11/26/15) Search Parameters Last:Hamilton First:Cher HAMILTON CHERINA D 653 BRITTON ST # B6 BRONX NY No. of Judgments 2 Plate No. GGK6920 Amt: $ Interest: $1.34 HAMILTON CHERYL J 158 N ELLIOTT WALK # BROOKLYN NY No. of Judgments 4 Plate No. ETP9534 Amt: $ Interest: $ HAMILTON C L 1269 BUSHWICK AVE # BROOKLYN NY No. of Judgments 10 Plate No. FWE9867 Amt: $ Interest: $ HAMILTON C R 184 E 96TH ST # 4A BROOKLYN NY No. of Judgments 3 Plate No. FJG7897 Amt: $ Interest: $ HAMILTON C T TH RD QUEENS VLG NY No. of Judgments 2 Plate No. GTT1395 Amt: $ Interest: $3.46 END RETURNS ***************************************************************** (Environmental Control Board (Fire and Building) Ending Date 11/30/15) Search Parameters Last:Hamilton HAMILTON AVENUE NEW YORK, NY ECB Violation No.: First:Cher Date 12/14 Amt: $ END RETURNS ***************************************************************** Uniform Commercial Code from ( 10/01/ /30/15 ) 4/7 Tuesday December 01, 2015

111 Last Name: ( Smith ) First Name: ( Natha ) COUNTY: ( BRONX ) AB Page 6/7 Run Date: 10/17/2015 To: 12/01/2015 ***************************************************************** JUDGMENTS Bronx County from ( 08/90 to 11/30/15 ) Search Parameters Last:Smith First:Natha All Types Of Liens END RETURNS ***************************************************************** PVB (Parking Violations Bureau Ending Date 11/26/15) Search Parameters Last:Smith First:Natha SMITH NATHAN J 100 W 76TH ST # 2S NEW YORK NY No. of Judgments 2 Plate No. GBN4222 Amt: $ Interest: $23.10 SMITH NATHANIEL 947 E 156TH ST FL 2 BRONX NY No. of Judgments 5 Plate No. FZX7102 Amt: $ Interest: $75.54 SMITH NATHANIEL A 214 W 116TH ST # 5C NEW YORK NY No. of Judgments 17 Plate No. EXW1294 Amt: $ Interest: $ SMITH NATHASA M 1851 PITKIN AVE # 2 BROOKLYN NY No. of Judgments 2 Plate No. CDX2500 Amt: $ Interest: $47.84 END RETURNS ***************************************************************** (Environmental Control Board (Fire and Building) Ending Date 11/30/15) Search Parameters Last:Smith SMITH 2115 AVENUE U BKLYN, NY ECB Violation No.: R First:Natha Date 10/10 Amt: $2, SMITH 2504 HANOVER AVE RICHMOND, VA ECB Violation No.: Date 12/14 Amt: $ END RETURNS ***************************************************************** Uniform Commercial Code from ( 10/01/ /30/15 ) 6/7 Tuesday December 01, 2015

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167 New York State Department of Financial Services One State Street Plaza, New York, NY To Whom It May Concern: Proof of Filing Statement Section 1306 of the Real Property Actions and Proceedings Law (RPAPL) requires lenders, assignees or mortgage loan servicers servicing loans on 1-to-4 family residential properties in New York State to file certain information with the Superintendent of the Department Financial Services within three days after the mailing of a 90-Day Pre-Foreclosure Notice. The information below pertains to a filing submitted to the Department of Financial Services as required in Section 1306 of RPAPL. The information is presented as filed by the lender, assignee or mortgage loan servicer. Filer Information: Name : JPMorgan Chase Bank, N.A. Address : 3415 Vision Drive Mailstop OH Columbus OH Filing Information: Tracking Number : NYS Mailing Date Step 1 Mailing Date Step 2 Judgment Date Step 3 : 19-MAR AM : : Filing Date Step 1 Filing Date Step 1 Orig Filing Date Step 2 Filing Date Step 3 Owner Occupd at Jdgmnt : 20-MAR AM : 20-MAR AM : : : Property Type : Other Property Address : 1659 TOPPING AVE BRONX NY County : Bronx Date of Original Loan : 17-MAY AM Amt of Original Loan : Loan Number Step 1 Loan Number Step 2 : : Loan Reset Frequency : Loan Type : 1st Lien Loan Details : Fixed Rate Loan Term : 40 Year Loan Modification : No Modification Days Delinquent : Other Borrower's Name : ESTATE OF NATHANIEL HAMILTON Address : 1657 TOPPING AVE BRONX Borrower's Phone No : Filing Status : Step 1 Completed Sincerely, New York State Department of Financial Services

168 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Citibank, N.A., Plaintiff, vs. Louise Hamilton as Administratrix of The Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr., and as Heir to the Estate of Nathaniel Hamilton a/k/a Nathaniel Hamilton, Sr. a/k/a Nathaniel Hamilton, Jr.; et al, Defendants. SUPPLEMENTAL SUMMONS & AMENDED COMPLAINT FOR MORTGAGE FORECLOSURE Buckley Madole, P.C. 28 West 44 th Street, Suite 720 New York, New York Phone/Fax: Attorneys for Plaintiff: Citibank, N.A. File No Pursuant to 22 NYCRR , 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. Dated: Service of a copy of the within is hereby admitted. Dated: Attorney(s) for: PLEASE TAKE NOTICE that the within a (certified) true copy of a entered in the office of the clerk of the within named Court on that an Order of which the within is a true copy will be presented for settlement to the Hon. On of the judges of the within named Court, At on 20, at Dated: