SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU
INDEX # 16-000242
SUPPLEMENTAL SUMMONS AND NOTICE
Plaintiff designates NASSAU County as the place of trial. Venue is based upon the County in which the mortgaged premises are situated. BANK OF AMERICA, N.A., Plaintiff, against UNKNOWN HEIRS OF THE ESTATE OF JOHN BOYD, if they be living and if they be dead, the respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said Defendant(s) who may be deceased, by purchase, inheritance, lien or inheritance, any right, title or interest in or to the real property described in the Complaint, MARGIE BOYD as Heir of the Estate of JOHN BOYD, JOHN H. BOYD II as Heir of the Estate of JOHN BOYD, WARREN BOYD as Heir of the Estate of JOHN BOYD, RUBINA JONES as Heir of the Estate of JOHN BOYD, GAIL JOHNSON as Heir of the Estate of JOHN BOYD, GERALDINE MORGAN as Heir of the Estate of JOHN BOYD, PEOPLE OF THE STATE OF NEW YORK DISTRICT COURT OF NASSAU COUNTY, CAPITAL ONE BANK (USA), N.A., AS SUCCESSOR IN INTERST TO CAPITAL ONE BANK, NYS DEPARTMENT OF TAXATION AND FINANCE, WORKERS’ COMPENSATION BOARD OF THE STATE OF NEW YORK, PROFESSIONAL ORTHOPEDIC & SPORTS, PTPC, UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, and “DOE”and “DOE”the last two names being fictitious, said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). TO THE ABOVE NAMED DEFENDANTS: NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTORNEYS FOR THE MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME. SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROPERTY. SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOP THIS FORECLOSURE ACTION. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiff’s attorney within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); The United States of America, if designated as a Defendant in this action, may appear within (60) days of service thereof and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT: THE OBJECT of the above captioned action is to foreclose on a reverse mortgage with the maximum principal amount of $3,500,000.00 dated December 3, 2007, executed by Defendant(s) JOHN BOYD to COUNTRYWIDE BANK, FSB recorded on January 9, 2008 in Mortgage Liber 32641, Page 707, in the Office of the Clerk of the County of NASSAU. Said Reverse Mortgage was ultimately assigned by way of an assignment executed August 14, 2013 to BANK OF AMERICA, NA, and recorded in the Office of the Clerk of the County of NASSAU on September 19, 2013, in Mortgage Liber 39169, Page 397, covering premises known as 10 Hicks Ln, Old Westbury, NY 11568 (Section 10, Block C, Lot 1326). The relief sought within action is a final judgment directing the sale of the premises described above to satisfy the debt described above. To the above named Defendants: The foregoing Summons is served upon you by publication pursuant to a Resettled Order of the Hon. Julianne T. Capetola, Justice of the Supreme Court of the State of New York, and filed along with the supporting papers in the Office of the Clerk of the County of NASSAU. This is an action to foreclose on a mortgage. ALL that certain plot, piece or parcel of land, situate, lying and being in the Incorporated Village of Old Westbury, Town of North Hempstead, County of Nassau and State of New York, (Section 10, Block C, Lot 1326), said premises known as 10 Hicks Ln, Old Westbury, NY 11568. YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNKNOWN HEIRS OF THE ESTATE OF JOHN BOYD, failed neglected and refused to comply with the provisions of the Note and Mortgage by failing to make and pay principal and interest due and owing upon the mortgagor’s death on July 11, 2012, and thereafter, despite due demand therefore. There is now due and owing, the principal sum of $2,876,657.67 together with all sums that may be due for interest, taxes, insurance, loan advances, and/or fees for inspections, property preservations or other expenses incurred to protect the property, and expenses and costs of suit as may be allowed by the loan documents and/or approved by the court. UNLESS YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT HEREOF THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, THE DEBTOR JUDGMENT AGAINST YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BE MAILED TO YOU BY THE HEREIN DEBT COLLECTOR. IF APPLICABLE, UPON YOUR WRITTEN REQUEST, WITHIN SAID THIRTY (30) DAY PERIOD, THE HEREIN DEBT COLLECTOR WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR. IF YOU HAVE RECEIVED A DISCHARGE FROM THE UNITED STATES BANKRUPTCY COURT, YOU ARE NOT PERSONALLY LIABLE FOR THE UNDERLYING INDEBTEDNESS OWED TO PLAINTIFF/CREDITOR AND THIS NOTICE/DISCLOSURE IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY. HELP FOR HOMEOWNERS IN FORECLOSURE New York State requires that we send you this notice about the foreclosure process. Please read it carefully. SUMMONS AND COMPLAINT You are in danger of losing your home. If you fail to respond to the Summons and Complaint in this foreclosure action, you may lose your home. Please read the Summons and Complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. SOURCES OF INFORMATION AND ASSISTANCE The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid, 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. To locate an entity near you, you may call the toll-free helpline maintained by New York State Department of Financial Services’ at 1-800-269-0990 or visit the Department’s website at http://www.dfs.ny.gov FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to “your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner’s distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. Section 1303 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this Summons and Complaint by serving the copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you may lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the Summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING AN ANSWER WITH THE COURT. Aldridge Pite, LLP. Attorneys for the Plaintiff, 40 Marcus Drive, Suite 200 Melville, NY 11747 Our File 26814
RT #146505
4x 08/18, 08/25, 09/01, 09/08/2017
#146505
