lamison 106 powell

8/8/2019 Lamison 106 Powell

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, . t9,2009

I llliltilililtiluilillltilliltl||Iuiltll|iltllllHerman amisonP O Box 1493Southampton, Y I1969

ililillltililililililtll|ililtllt0q 5q00 a1,00 eq05 SaBg

Re: Loan No : 0031\54214Property ddress: 106Powell Ave

Southampton, Y I 1968

YOU COULD LOSB YOUR HOME. PLEASE READ THE FOLLOWING NOTICECAREFULLY

Dear Herman Lamison:

As of September 9,2009, your home oan is 59 days n default. Under New York statelaw, we_are equired o send y.ou his notice o inform-you hat you qre at risk of losing yourhome. You can cure th is defaul t by making thg payment of $8,800.46 dol la"r iby1212812009. he or iginator of the Debt is AUERICAN HOME-MORTGAGE.If you are experiencing inancial difficulty,you should now that here are several ptionsavai lable o you that may help you keef ybur home. Attached o this not ice s a l i s t of

government pprovedltousing ounseling gencies n your area which provide ree or verylow-cost counseling. .Y.gu hould considir ontacting one of these agencies mmediately.lhesg agencies pecialize n helping homeowners-who re facinglfinancial difficulty.Housing counselors an help you as-sess our financial condition"and work with us doexplore he possibility of qodjfyllg your lo-an, stablishing n easier ayment plan fo r you,or even wolk!1g qqt.a^Pqrlod f loan forbearance. f you wish, yori may alsb contaci usdirect ly aL -877-304-3100 nd ask o discuss oss ible pt ions . -While we cannot assure hat a mufually agreeable esolution s possible. e encourase outo take mmediate steps o try to achiev! a resolution. The longer ybu wait, the"fei^reropt ions you may have.If this matter s not resolved within 90 days rom the date his notice was mailed, AmericanHome M.ortgage.Servi.ilg, nc. may commence.legal ction against ou (or sooner f youcease o live in the dwelling as youi primary esiddnce.) -lf yo." need further informa-tion,- _l_easeall the New York state baiking depanments oll-free helpline at.1-877-BANK-NYS (l-877-226-5697) or visit the depa"rtments ebsite athttp;//ww_w. ank 4g.state. y. us.Sincerely,American Home Mortgage Servicing' nin.

na. opper,x 75019You may ontact indsey Lucas at 1 800-505-3106 42522 hould ou have servicing uestions egarding our account.


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Settlement Conference nResidential Mortgage Foreclosure Actions

INDEXNO.,/o' ollts

DATEPURCFTASED:/ -tt ),)/ ,PLAINTIFF(S):Citibank,N.A. as Trustee or American

Home Mortgage ssets rust2006-3Mortgage-Backed ass-ThroughCertifi ates, eries 006-3

DEFENDANT(S):Herman Lamison, r. alWaHerman amison and JOHN DOE#1" hrough JOHNDOE #10,', he ast en names eingfictitiousand unknown o the plaintifl intended o be hepersons r parties, f any, havingor claiming an nterest n or lienupon he mortgaged remises escribed n the complaint,

R.flg#.s,f#rv,ludi'lh Fascale

TAS &lffitate

Judge ssigned

zr \- ,/T\' . J , h \ L"/II

RJI Date

SUPREMECOURT. SUFFOLKCOTINTY

This form request he scheduling of the settlement onference equired by Rule 3408 of the civil practice Law and Rules n a mortgageforeclosure ction nvolving all of the following:o residential mortgage ntered nto between anuary 1,2003 and September , 200g. one to four-family owner occupied dwelling

' subprime, high-cost, or nontraditional oan as defined n section 6l of the Banking Law and section 1304.5(c) and (e) of the RealProperty Actions and proceedings Law

r'ovide the following information

Property Address: r106 Powell Avenue, Southampton, y l 196g

Defendant(s) [name, address, elephone umber, e-mail address]:Property: Herman Lamison, Jr .alWaHerman Lamison, 106 Powell Avenue, Southampton, y I l96gMailing: Herman Lamison, r. a/k/aHerman

Lamison, P.O. Box 1493, Southampton, y I1969Service eflectuated at:t- -t\ttorney or Plaintif(s) [name, ddress, elephone umber, -mailaddress]: i,,j ',:

-':-.1

Alissa ' Baader, hapiro, icaro b Barak, LLP,zsoMile crossing oulevard, uite ne, Rochester, y I4F24 ". ; n;(585) 247 9000, baader@logs. om| , - . -

Attorney or Defendant(s)[name, ddress, elephone umber, -mailaddress]: t^J . ,, ;''

90-day otice RpApL $1304(l)]mailed n: Septembe 29,2009ll I -. t' ]

Relatid ases title, indlx no., court, udge if assigned), elationshipo nstant asel: :: ::" t;r.

f$ - ' i -{tdI AFFIRM LiNDERPENALTY OF,PEzuURY FIAT,TO MY KNOWLEDGE,OTHERTHAN AS NOTED ABOVE,THEREAAND HAVE BEENNO RELATEDACTIONSOR PROCEEDINGS, OR HASA REQUEST OR

uDICIAL INTERVENTIONPREVIOUSLY EENFILED N THISACTION.

A-!t^-r* ?t*"1"-SIGNATURE

Alissa . Baader, sq.Shapiro, iCaro& Barak, Lp250 MileCrossing oulevardSuiteOneRochester, Y 14624(s8s) 247-9000S&DNo.:09-082385

DArED:| rrl,'/"'lro


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SUPREI'IE COURT OFCOUNTY OF SUFFOLK

CITIBANK, N. A. AS TRUSTEE FORI'IORTGAGE ASSETS TRUST, ETC

againstHERMAN LA}ITSON, ET AL

AI'IERICAN HOME

PLAINTIFF ( S )

DEFENDANTS )

1 178534CASE # E9-O82385C

INDEX # L@_@29I5

AFFIDAVIT OFSERVICE BY MAIL

STATE OF NE}J YORK

STATE OF NEW YORKCOUNTY OF SUFFOLK

PATRTCTA RANDAZZ0 being duly suorn, deposes and seys i ,

r am not a party to this act ion, am over the ageof 1gyearsr and regide t : the State of New york.

on Il>Ylt lconrerence "d;J. / r 'o",i,ol"iliti;::";-;il:""i"tl;r:"::i;:;":" a rirstcl-asg mail post-paid gealed envelope bearing the legend npersonal , andconfidentia-r t arrd rrst i rrdicat ing on the outside of tr,= enveJ-ope thatthe communj-cat iorr ig from an attorney or sorrcer 'ns arr aJ-reged debt arrddeposi ted the errve-l-ope irr arr off iciar deposi tor.y under the exclugivecare arrd custody of the U. S. Posta-l- Service within Nev york State,addr 'essed to the fo l lowing defendant at the las t known address setf orth bel-ow IName: HERHAN LAMISON

Address t 4E PARRISH POND LANE,

The foregoing statements are

SCTUTHA},IPTONY 11968

true, under penalty of perjur.y.

"ffi,fi#ffiffi

rrr to be

NOTARYATRICIA R

LICENSE NO.


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SUPREMECOURT OF THE STATE OFNEW YORKCOTINTYOF SUFFOLK

SUMMONSAND NOTICECitibank,N.A. as Trustee or AmericanAssets rust 2006-3Mortgage-BackedCertificates, eries 006-3.

Home MortgagePass-Through Index r. 0-0Lq 15

Plaintifl Date Filed:

-agalnst-

Herman Lamison, Jr. alVaHerman Lamison, and "JOHNDOE #1" through "JOHN DOE #10", the ast en namesbeing fictitious and unknown to the plaintiff, the person orparties ntended being he person or parties, f any, having orclaiming an nterest n or lien upon the mortgaged remis-esdescribed n the complaint,

Defendants.

TO THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer he complaint n this action and o serve

a copy of your answer' or a notice of appearance n the attorneys or the Plaintiff within thirty

(30) days after he service of this surlmons, exclusive of the day of service. The United States f

America, f designated s a defendant n this action, may appear within sixty (60) days of service

hereof. In case of your failure to appear or answer, udgment will be taken against you by

default or the relief demanded n the complaint.

NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT Of

the above captioned action s to foreclose a Consolidation and.iorModified Mortgage hereinafter

"the Mortgage") o secure $650,000.00 ot to exceed negative amortization amount up to l l0%

of the original principal amount and nterest, ecorded n the Suffolk County Clerk,s Office on'

PROPERTY DDRESS: 106powellAvenue, outhampton, y 1196g


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November 4,2006, n Liber 21423 f Mortgages, age 737 covering remises nownas 106

PowellAvenue, Southampton, y l 196g.

The relief sought n the within action s a final udgment directing he saleof the

premises

described bove o satisfu he debt secured y the Mortgage escribed bove.

Plaintiff designates uffolkCountyas he place of trial. Venue s based pon he County

in which he mortgaged remises s situated.

NOTICEYOU ARE IN DANGER OF LOSING YOUR HOME

IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BYSERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGECOMPANY WHO FILED THIS F'ORECLOSURE ROCEEDING AGAINST YOU ANDFILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BEENTERED AND YOU CAN LOSE YOUR HOME.

SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE ISPENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONSAND PROTECT YOUR PROPERTY.

SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOPTHIS FORECLOSURE ACTION.

YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THEATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THEANSWER WITH THE COURT.

Dated: January 1,2010 ^(l

M>AlissaL. Baader, sq.SHAPIRO,DICARO & BARAK,LLPAttorneys or plaintiff250 Mile Crossing oulevardSuiteOneRochester, y 14624(58s) 47_9000OurFileNo. 09-082395


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SUPREMECOURT OF THE STATE OF NEW YORKCOUNTY OF SUFFOLK

Citibank,N.A. as Trustee or American Home MortgageAssets Trust 2006-3 Mortgage-Backed ass_Througf,Certificates, eries 006-3.

Plaintiff,

-against-

Herman amison, . alUaHerman amison, nd ,JOHNDOE #1" through JOHNDOE #10", he ast en namesbeing ictitious and unknown o the plaintiff, the person rparties ntended eing he person r parties, f any, having orclaiming an nterest n or lien upon he mortgagei premiisdescribed n the complaint,

Defendants.

MORTGAGE FORECLOSURECOMPLAINT

Index No.

Date Filed:

The Plaintiff herein, by its Attorneys, Shapiro, Dicaro & Barak, LLp, complains of the

defendants bove named, and or its cause of action, aileges:

First: That the Plaintiff herein, at al l times hereinafter mentioned was and still is

a duly authorized Corporation or Association and having an office at 4g75 Belfort Rd..

Suite 130, Jacksonville, Florida 32256.

PLAINTIFF FURTHER ALLEGESUPON INFORMATION AND BELIEF

Second: The defendants et orth in Schedule A" reside or have a place of

business t the address et forth therein any that are corporations eing organized and existing

under the laws of the State set forth therein) and are made defendants n this action in the

capacities herein alleged and for the purpose of foreclosing and extinguishing any other right,

title or interest said defendants may have n the subject premises.


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Third: That the United States of America, The people of the state of New york.

The State Tax commission of the State of New York, the Industrial commissioner of the State

of New York and all other agencies or instrumentalities of the Federal, state or local govemment

(by whatever name designated) f made parties o this action and f appearing n Schedule ,B,,,

are made parties solely by reason of the material set orth in Schedule ,B,,and or no other

reason.

Fourth: That heretofore, he defendant(s), Herman Lamison, Jr., for the purpose of

securing o American Home Mortgage, ts successors nd assigns, he sum of $650,000.00

recorded n the Suffolk County Clerk's Office on Novemb r 24,2006,in Liber 21423of

Mortgages, age 737 notto exceed negative amortization amount up to l l0% of the original

principal amount' duly made a certain bond, note, consolidation, xtension, modifrcation,

recasting, or assumption agreement, as the case may be, wherein and whereby they bound

themselves, heir heirs, executors, dministrators nd assigns, nd each and every one of them,

jointly and severally, n the amount of said sum of money, all as more fully appears ogether with

the terms of repayment of said sum or rights of the plaintiff in said bond, note or other

instrument, a copy of which is attached hereto and made a part hereof.

Fifth: That as security or the payment of said ndebtedness, consolidation,

extension and/ot modification agreement was executed, cknowledged nd delivered o

American Home Mortgage ecorded n the Suffolk County Clerk's Office on Novemb er 24,

2006, n Liber 21423 of Mortgages, age 737, wherern nd whereby he mortgagor(s) amed

therein mortgaged, argained, ranted an nterest n and/or sold to the mortgagee, ts successors

and assigns, he premises more particularly described herein, hereinafter alled ,,mortgaged

premises", nder certain conditions with rights, duties and privileges between or among hem as


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more fully appears n said consolidation, xtension nd/ormodification agreement, copy of

which is attached hereto and made a part hereof. Said Consolidation Extension Modification

Agreement(hereinafter the Mortgage") consolidated he mortgage(s) efened to in ScheduleD

hereof o form a single irst mortgage ien in the sum of $650,000.00.

Sixth: That the Plaintiff is the owner and holder of the subject mortgage and

note, or has been delegated he authority to institute a mortgage oreclosure action by the owner

and holder of the subject mortgage and note.

Seventh: That the said mortgages were duly recorded and the mortgage ax due

thereon was duly paid on the recorded nstrument n the proper County Clerk's Office at the

place and time which appears hereon. If Plaintiff is not the original mortgagee hen information

regarding he chain of title will be contained n Schedule D.

Eighth: That the defendants, erman Lamison, Jr., so named, have ailed and

neglected o comply with the conditions of said mortgage, ond or note by omitting and ailing

to pay the monthly payments of principal, nterest, axes, assessments, ater rates, nsurance

premiums, escrow and/or other charges, ll as more fully appear n Schedule C, and accordingly,

the plaintiff has duly elected and does hereby elect to call due the entire amount presently

secured y the mortgage described n paragraph FIFTH" hereof.

Ninth: That heretofore and prior to the commencement of this action, part of the

original principal sum was paid to apply on said ndebtedness nd there remains due the amount

set orth in said Schedule C.

Tenth: That n order o protect ts security, he plaintiff has paid, as set orth in

Schedule C, andlor may be compelled during he pendency f this action o pay ocal taxes,

assessments, ater rates, nsurance remiums, nspections nd other charges ffecting he


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mortgaged premises, and the plaintiff requests hat any sums hus paid by it for said purposes

(together with interests hereon) should be added o the sum otherwise due and be deemed

secured by the said mortgage and be adjudged a valid lien on the mortgage premises.

Eleventh: That the defendants herein have, or claim to have, some nterest n or lien

upon, said mortgaged premises or some part thereof, which interest or lien, if any, has accrued

subsequent o the ien of plaintiffs mortgage.

Twelfth: That there are no pending proceedings at law or otherwise to

collect or enforce said bond/note and mortgage and that there s no other action pending which

has been brought to recover said mortgage debt or any part thereof.

Thirteenth: That the schedules, Exhibits and other items attached o this

complaint are expressly ncorporated and made a part of this Complaint for all purposes with the

same orce and effect as f they were completely and fully set forth herein wherever reference

has been made o each of any of them.

Fourteenth: That by reason of the foregoing, there s now due and owing to the

plaintiff upon said bond, note, assumption greement, onsolidation greement, r recasting

agreement, he amount set forth in Schedule C.

Fifteenth: The mortgage provides that, in the case of foreclosure. he

mortgaged remises may be sold n one parcel.

Sixteenth: The Plaintiff shall not be deemed o have waived, altered, eleased

or changed he election hereinbefore made by reason of the payment or performance, fter he

date of the commencement f this action, of any or all of the defaults mentioned herein; and such

election shall continue and remain effective until the costs and disbursements f this action. and


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all present and future defaults under the Note and Mortgage and occurring prior to the

discontinuance of this action are fully paid and cured.

Seventeenth: Pursuant o the Fair Debt CollectionPractices Act, this actionmay

Any information obtained asbe deemed o be an attempt to collect a debt, on behalf of plaintiff.

a result of this action will be used or that purpose.

Eighteenth: If the subject note and mortgage all within the prescribed

definition of a subprime home oan or high-cost home oan as dentifred under section six-l or

six-m of the New York State Banking Law, then Plaintiff has complied with all the provisions of

section five-hundred ninety-five of the New York State Banking Law and any rules and

regulations romulgated hereunder, ection six-l or six-m of the New york State Banking Law

and section hirteen hundred four of New York State Real Property Actions and proceedings

Law.

WHEREF ORE, plaintiff demands udgment:

(a) Adjudging and decreeing he amounts due he plaintiff for principal, nterest,

costs, and reasonable attorney's ees, f and as provided for in the said mortgage;

(b) That the defendants and all persons claiming by, through or under them, or either

or any of them, subsequent o the commencement f this action and every other person or

corporation whose ight, title conveyance r encumbrance s subsequent o or subsequently

recorded, may be baned and orever oreclosed f all right, claim, ien, or interest, or equity of

redemption n and o said mortgaged remises;

(c) That the said mortgaged remises, r such part thereof as may be necessary o

raise he amounts hen due for principal, nterest, osts, easonable ttorney,s ees, allowances


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and disbursements, ogether with any monies advanced nd paid, may be decreed o be sold

according o law;

(d) That out of the monies arising from the sale hereof, he plaintiff may be paid the

amounts hen due on said bond/note and mortgage and any sum which may have been paid by

the plaintiff to protect the lien of plaintiffs mortgage as herein set forth, with interest upon said

amounts rom the dates of the respective payments and advances hereof, the costs and expenses

of this action, additional allowance, f any, and reasonable ttorney's ees, f and as provided for

in the mortgage, ider or other agreement, o far as he amount of such money properly

applicable hereto will pay the same;

(e) That either or any of the parties o this action may become a purchaser upon such

sale;

(D That this Court forthwith appoint a Receiver of the rents and profits of said

premises with the usual powers and duties;

(g) That the defendant(s), Herman Lamison, Jr., unless discharged n bankruptcy may

be adjudged o pay any deficiency hat may remain after applying al l of said monies so

applicable hereto;

(h) That the United States of America shall have he right of redemption, f

applicable;


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(D That he plaintiffmay have such other or further elief, or both, n the premises smay be ust and equitable.

Plaintiff specifically eserves ts right to share n any surplusmonies arising rom thesaleof subject remises y virtueof its position sa udgment r other ien creditor xcludingthe mortgage being foreclosed erein.

Dated: January 21,2010( l r

AlissaL. Baader, sq.SHAPIRO, ICARO& BARAK,LLPAttorneys or Plaintiff250 Mile Crossing oulevardSuite OneRochester, Y 14624(s&s) 47-9000OurFileNo. 09-082385


13/20

DEFENDANTS

Herman amison, . alWaHerman amison106PowellAvenueSouthampton, Y 11968

"JOHNDOE #1 hrough..JOHN OE #10,'

SCHEDULE A _ DEFENDANTS

CAPACITY

Owner of record and Obligor by virtue of theConsolidation and/or Modification Agreementreferred o in Schedule D attached hereto.

Said names being ictitious, t being heintention of Plaintiff to designate any and alloccupants, enants, persons or corporations, fany, having or claiming an interest n or lienupon the premises being foreclosed herein.


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SCHEDULE C

MORTGAGE NFORMATION

1. OriginalAmountof BondA{ote/Consolidation r Modification greement $650,000.00*not to exceed egative mortization mount p to110%of the originalprincipal mount

2. Last nstallment ue and paid Julv . 2009

3. Date of first unpaid nstallment/default ate August 1,2009

AMOTINTDUE

4. Principal alance $703,571.5g

5. *Interest@ 4.39%fromJuly 1,2009

6. Late charges ommencingAugust16,2009@2% of p&I

(to be determined)

7. Accrued ate charges rior o default S.OCI8. Escrow alance $_1.667.50

* To be computed o the date ofjudgment.

(09-082385)


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SCHEDULE D

Those mortgages onsolidated nd/or modified:

The Mortgage dated July 18,2003 made by Herman Lamison, Jr. to WashingtonMutual Bank,FA in the principal sum of $344,000.00 nd recorded on September 2,ZO0iin Liber 20497,

page 108. The mortgage dated september 13,2004 made by Herman Lamison, Jr. toWashington Mutual Bank, FA in the principal sum of $212,680.41 nd recorded on April 1,2005in Liber 2l0l5,page 12. The Consolidation, Extension and Modification Agreement datedSeptember 13,2004 made by Herman Lamison, Jr. to Washington Mutual B-ank,FA andrecorded on April 1,2005 in Liber 2l0l5,page 13, given o form a single ien in the amount of$555,750.00. The mortgage was assigned rom Washington Mutual Bank f/k/a WashingtonMutual Bank, FA to American Home Mortgage by Assignment recorded July 24,2006in Liber21344, page 945. The mortgage dated Jvre 22,2006 made by Herman Lamison, Jr. to AmericanHome Mortgage n the principal sum of $85,118.91 nd ecorded n July 24,2006in Liber21344, page 944.

The above mortgage(s) were consolidated y virtue of the Consolidation Extension ModificationAgreement dated Jwrc 22,2006, and recorded on November 24,2006 n Liber 21423 ofMortgages, age 737, n the Suffolk County Clerk's Office.

The consolidated mortgage being foreclosed erein was conveyed o Citibank, N.A. as Trusteefor American Home Mortgage Assets Trust 2006-3 Mortgage-Backed ass-Through ertificates,Series 2006-3 by virtue of a transfer of the instant note and mortgage or valuable consideration.Said ransfer was memorialized by an Assignment of Mortgage dated January 14,2010.

(09-08238s)


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SUPREME OURT OF T}M STATE OF NEW YORKCOTNTYOFSUFFOLK

Citibank, N.A. as Trustee or American Home MortgageAssets rust 2006-3 Mortgage-Backed ass-ThroughCertificates, eries 006-3,

X

X

Dated:May 13,2010By: Alissa L. Baader, sq.Shapiro,DiCaro & Barak, LLP250 Miie Crossing oulevardSuite One

Dated:l a- oLr( ao,a

Assets rust 2006-3 Mortgage-Backed ass-ThroughCertificates, eries 006-3

State fCounty of

on lre LV4a* or ft1 in the year 2010 before me, he undersigned, ersonallyappeared OVU 6Cqea, personally nown o me or proved o me on the basis oisatisfactoryevidence o be he ndividual(s)whose name(s) s (are) subscribed o the within instrument ndacknowledged o me hat ie/she/they xecuted ame n his/her/their apacity(ies), nd hat by his/her/theirsignature(s) n he nstrument, he ndividual(s) r the person pon behalf of whicli the ndividual(s)acted, xecuted he n strumenL nd hat such ndividual(s) made such before he undersiened

GERHARO.HECKERMANIIilotrryPublic Slate l flotida

MyComm. rpiree ep ,2412Commlsrhn 0D E18644

G-q-. ,o-- Boto--9-

g.-l\

u rlRTr,IIAIndexNo. 10-02915

c-

CONSENT TOCHANGE ATTORNEYlaintiff,

- against

Herman amison, r. , et al.,

Defendant.

IT IS HEREBY CONSENTED THAT Law Offices of Jordan S. Katz, P.C., be substituted sattorneys frecord for the undersigned arty n the above entitled action n place and stead ofthe

undersigned ttorney(s) s ofthe date hereof.

Rochester. ew York 14624(sgs)247-9000

By:N.A. as Trustee or American Home Morlgage

in the City/Townof 2A+ttsvnu$tate of r-


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SUPREMECOURT OF THE STATE OF NEW YORKcoLrNTY OF SUFFOLK

NOTICE OF PENDENCYOF ACTION

6Index o l0'02q 9

Plaintiff,

-agamst-

Herman Lamison, Jr. a/WaHerman Lamison, and ,,JOHN

POE #1" through JOHN DOE #10", he ast en namesbeing fictitious and unknown to the praintiff, the person orparties ntended being he-person r parties, f *y, having orclaiming an interest n or lien upon tle mortgaged premiisdescribed n the complaint,

Defendants.

NOTICE IS HEREBY GIVEN that an action has been commenced nd s pending n

this court upon a complaint of the above named Plaintiff against he above named Defendants

for the foreclosure of a consolidated andlorModified Mortgage dated June 22,2006,executed

by Herman Lamison, Jr., as Mortgagor(s) o American Home Mortgage, as Mortgagee, o secure

the sum of $650,000.00 ot to exceed negative amortization amount up to l l0% of the original

principal amount, and recorded n the Suffolk County Clerk's office on Novemb er 24,2006, at

Liber 21423 of Mortgages' page 737. The oregoing nstrument consolidated nd/ormodified

the following mortgage(s): The Mortgage dated July 18,2003 made by Herman Lamison, Jr. to

washinSon Mutual Bank, FA in the principal sum of $344,000.00 nd recorded on September

12' 2003 n Liber 20497 page 108.The mortgage dated September 13, 2004made by Herman

Lamison, Jr ' to washington Mutual Bank, FA in the principal sum of $212,6g0.41 nd recorded

on April 1,2005 in Liber 21015,page 12. The Consolidation, Extension and Modification

Agreement dated September 13,2004 made by Herman Lamison, Jr. to washington Mutual

Citibank,N.A. as Trustee or AmericanHome MortgageAssets rust2006-3Mortgage-Backed ass_ThrougtCertificates, eries 006-3.

-nl,[

-lwo100oc)0Ln


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Bank, FA and ecorded n April 1, 2005 n Liber 21015, age 13 , given o form a single ien n

the amount of $555,750.00. The mortgage was assigned rom Washington Mutual Bank f/k/a

Washington Mutual Bank, FA to American Home Mortgage by Assignment ecorde , July 24,

2006 n Liber 21344,page945.The mortgage dated June22,2006 made by Herman Lamison,

Jr. to American Home Mortgage n the principal sum of $85,118.91 nd recorded on July 24,

2006 n Liber 21344, page 944. Citibank, N.A. as Trustee or Ameri6an Home Mortgage Assets

Trust 2006-3 Mortgage-Backed Pass-Through Certificates, Series 2006-3 became he owner and

holder of the instant note and mortgage by virtue of a transfer of same or valuable consideration.

Said ransfer was memorialized by an Assignment of Mortgage dated January 14,2010.

NOTICE IS FURTHER GIVEN that he mortgaged remises ffected by said

foreclosure action, at the time of the commencement f said action and at the time of the filing of

this notice, was situated at 106 Powell Avenue, Southampton, Y I 1968, he County of Suffolk

and the State of New York, and s more particularly described n said Mortgage and n Schedule

"A" attached ereto and made aparthereof.

Dated: Januarv 21.2010

4{^^^""Ba.LAlissaL. Baader, sq.SHAPIRO,DICARO & BARAK,LLPAttorneys or Plaintiff250 Mile Crossing oulevardSuiteOneRochester, Y 14624(s8s) 247-9000OurFileNo. 09-082385


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ClosingUSA,LLC

SCHEDULE A

DESCRIPTION OF MORTGAGES PREMISES

TitleNo.:DS0900559S0

ALL that certain lot, piece or parcelof land,with the buildings nd mprovements hereonerected, ituate, ying and being n the village of Southampton, own of Southampton,County of Suffolk and State f New York, known and described sLot No. I I on Map ofthe FournierBlock," filed in the Office of the Clerk of SuffolkCounty on the gthdayofAugust, 1893 ndnumbered 04 .


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TO: THE CLERK OF THE COLINTYoF SUFFoLK:

You are hereby directed o index the within Notice of Pendency f Action to the

nalne of all of the Defendant(s) erein and he Section, Block and Lot(s) and/or property address

as set orth below:

Section Block 2Lot37Property Address: 106 Powell Avenue, Southampton, y l 196g

Dated: January 21,2010

Alissa L. Baader, sq.SHAPIRO,DICARO & BARAK,LLP25 0 MileCrossing oulevardSuiteOneRochester, Y 14624(s85) 47-e000

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