Preview
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
NY_NOl{FC}_FLAT
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FAYETTE,
13084NY LA
RD LAFAYETTE
2858
HERLlHY
T JASON
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20240203-189
2387554),24
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
PENNYMAC~
Notice Date: 02/02/2024
P.O. Box 514387 Sent Via First Class Mail
Los Angeles, CA 90051-4387
JASON T HERLlHY
2858 LAFAYETTE RD roperty ress:
LA FAYETTE, NY 13084 2858 LAFAYETTE ROAD
LAFAYETTE, NY 13084
NOTICE OF DEFAULT AND INTENT TO ACCELERATE
ABOUT YOUR LOAN
This letter is formal by PennyMac
notice Loan Services, LLC (herein as "PennyMac") that you are in default
under the terms of the
documents creating and securing your Loan described above, including the Note and
Deed of Trust/Mortgage/Security Deed ("Security Instrument"), for failure to pay the amounts due.
WHY YOU RECEIVED THIS NOTICE
The loan is due for 12/01/2023 and subsequent payments, plus late charges, and/or any escrow balance,
fees and costs. As of today, the total delinquency and reinstatement amount is $3,293.87, which consists of
the following:
Next Payment Due Date: 12/01/2023
Total Monthly Payments Due: $3,183.87
3 @ $1,061.29
Late Charges: $0.00
Other Charges: Uncollected NSF Fees: $0.00
Property Preservation Fees: $0.00
Property Inspection Fees: $110.00
Appraisals\Broker Price Opinion Fees: $0.00
Bankruptcy Fees: $0.00
Short Payment Advance: $0.00
Unapplied Balance: ($0.00)
TOTAL YOU MUST PAY TO CURE DEFAULT: $3,293.87
Toll-Free: (866) 545-9070 Website: www.PennyMac.com Payments: General Correspondence:
M-F 6:00 AM - 6:00 PM PT Secure Messaging Online: Standard Address: Attn: CorrespondenceUnit
Sat 7:00 AM - 11:00AM PT Create an account and/or log in to P.O. Box30597 P.O. Box514387
Toll-Free Fax: (866) 577-7205 http://www.PennyMac.com, Los Angeles, CA 90030-0597 Los Angeles, CA 90051-4387
then look for the Secured Message Overnight Address: (Pleasedo notsendpayments)
Center to communicatewith us securely. Attn: LockboxOperations
Notice of Error and
20500 BelshawAve
Information Request
Carson, CA 90746
(Pleasedo notsendcorrespondence) Address:
Attn: CorrespondenceUnit
PO Box950002
Fort Worth, TX 76155-9802
(Pleasedo notsendpayments)
NY_NOI-230 01-2021
Page 1 of 14 2387554124
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
ACTION REQUIRED
It is possible that after payment of the amounts detailed above there may be other fees still due and
owing, including but not limited to other fees, escrow advances or corporate advances that
PennyMac paid on your behalf or advanced to your account.
This letter is a formal demand
to pay $3,293.87. If the default, together with additional payments that
subsequently become
due, is not cured by 03/08/2024, the sums secured by the Security Instrument may be
accelerated, and PennyMac may invoke any remedies provided for in the Note and Security Instrument,
including but not limited to the foreclosure sale of the property.
IF YOU ARE UNABLE
TO BRING YOUR ACCOUNT CURRENT, PennyMac offers consumer assistance
programs designed
to help resolve delinquencies and avoid FORECLOSURE. These services are provided
without cost to our customers. You may be eligible for a loan workout plan or other similar alternatives. If
you would like to learn more about these programs, you may contact the Loss Mitigation Department at
1-866-545-9070, 6:00 AM - 6:00 PM PT Monday through Friday and 7:00 AM
- 11:00 AM PT Saturday. WE
ARE VERY INTERESTED IN ASSISTING YOU.
The default above can be cured by payment of the total delinquency and reinstatement amount plus any
additional payments and fees that become due by 03/08/2024 Note that in addition to the regular monthly
payments, additional charges, costs and fees may become due during the period between today's date and
the date the aforementioned payments are due. You may contact our Collection Department at
1-866-545-9070 to obtain updated payment information.
Please include your loan number and property address with your payment and send to:
PennyMac Loan Services, LLC
P.O. Box 30597
Los Angeles, CA 90030-0597
Or Overnight
PennyMac Loan Services, LLC
Attn: Lockbox Operations
20500 Belshaw Ave
Carson, CA 90746
IMPORTANT INFORMATION
TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC
STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY
AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN
INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN
ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE
NUMBER.
" If you wish to dispute the delinquency, or if you dispute the calculation of amount of the delinquency and
reinstatement amount, you may contact us by calling 1-866-545-9070.
"cure"
" You may have the right to or reinstate the loan after acceleration, and the right to assert in a
foreclosure proceeding, or to bring a court action to assert the non-existence of a default or any other
defense to acceleration or foreclosure sale. Failure to respond to this letter may result in the loss of your
property. To the extent your obligation has been discharged or is subject to the automatic
stay in a
bankruptcy case, this notice is for informational purposes only and does not constitute a demand for
payment or an attempt to collect a debt as your personal obligation. If you are represented by an
attorney, please provide us with the attorney's name, address and telephone number.
" Attention Servicemembers and Dependents: Servicemembers on active duty, or a spouse or
dependent of such a servicemember, may be entitled to certain protections under the Servicemembers
Civil Relief Act ("SCRA") regarding the servicemember's interest rate and the risk of foreclosure. SCRA
NY_NOI-230 01-2021
Page 2 of 14 2387554124
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
and certain state laws provide important protections for you, including prohibiting foreclosure under most
circumstances. If you are currently in the military service, or have been within the last 12 months, AND
joined after signing the Note and Security Instrument now in default, please contact PennyMac
immediately. When contacting PennyMac as to your military service, you must provide positive proof as
to your military status. Servicemembers and dependents with questions about the SCRA should contact
their unit's Judge Advocate, or their installation's Legal Assistance Officer. Homeowner counseling is
also available at agencies such as Military OneSource (www.militaryonesource.mil; 1-800-342-9647) and
Armed Forces Legal Assistance (http://legalassistance.Iaw.af.mil), and through HUD-certified housing
counselors (http://www.hud.qov/offices/hsq/sfh/hcc/hcs.cfm). You can also contact us toll-free at
1-866-545-9070 if you have questions about your rights under SCRA.
" If you are experiencing financial difficulty, you should know that there are several options available to
you that may help you keep your home. You may contact a government approved housing counseling
agency which provides free or low-cost housing counseling. You should consider contacting one of these
agencies immediately. These agencies specialize in helping homeowners who are facing financial
difficulty. Housing counselors can help you assess your financial condition and work with us to explore
the possibility of modifying your loan, establishing an easier payment plan for you, or even working out a
period of loan forbearance. For your benefit and assistance, there are government approved
homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain
a list of approved
counseling agencies, please call 1-800-569-4287 or visit
http://www.hud.cov/offices/hsq/sfh/hcc/hcs.cfm.
" You contact the Homeownership Preservation Foundation's Hope hotline at 1-888- 995-HOPE
may
(4673). If you wish, you may also contact us directly at 1-866-545-9070 and ask to discuss possible
options or visit our website www.PennyMac.com.
" Pursuant to your loan documents, PennyMac may enter upon and conduct an inspection of your
property. The purposes of such an inspection are to (i) observe the physical condition of your property,
and (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do
not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the
property (including, but not limited to, winterization, securing the property, and valuation services) may
be taken. The costs of the above described inspections and property preservation efforts will be
charged to your account as provided in your security instrument.
" PennyMac is attempting to collect a debt, and any information obtained will be used for that
purpose.
You are notified that this default and any other legal action that may occur as a result thereof may be
reported to one or more local and national credit reporting agencies by PennyMac.
" If your loan is currently being evaluated for a loan modification, forbearance or other loan assistance
solution, this notice will not cancel or delay that evaluation process. However, it is important that you
promptly respond to all requests made in connection with your evaluation for a loan assistancesolution,
including all requests for you to contact us and any documentation required. If you do not comply with
these requests in a timely manner, it may cause your loan to enter the foreclosure process as indicated
in this notice. If your loan is not eligible for a loan assistance program, please note this letter will
continue to serve as notice of our right to initiate foreclosure.
QUESTIONS? CONTACT US
If you have any questions, please call a Loan Specialist at 1-866-545-9070. Our office hours are 6:00 AM to
6:00 PM (PST) Monday through Friday, 7:00 AM to 11:00 AM (PST) on Saturday.
NEW YORK residents: This collection agency is licensed by the New York City Department of Consumer
Affairs, License Numbers 1294096 and 1467388. This collection agency is licensed by the City of Buffalo,
License Number 551910.
E
NY_NOI-230 01-2021
Page 3 of 14 2387554124
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
In accordance with the Fair Debt Collection Practices Act, 15 U.S.C. section 1692 et seq., debt collectors are prohibited from engaging in
abusive, deceptive, and unfair debt collection efforts, including but not limited to: (i) the use or threat of violence; (ii) the use of obscene or
profane language; and (iii) repeated phone calls made with the intent to annoy, abuse, or harass.
NEW YORK - If a creditor or debt collector receives a money judgment against you in court, state and federal laws prevent the following types
of income from being taken to pay the debt: 1) Supplemental security income (SSI); 2) Social security; 3) Public assistance (welfare); 4)
Spousal support, maintenance (alimony) or child support; 5) Unemployment benefits; 6) Disability benefits; 7) Workers' compensation benefits;
Veterans'
8) Public or private pensions; 9) benefits; 10) Federal student loans, federal student grants, and federal work study funds; and 11)
Ninety percent of your wages or salary earned in the last sixty days. PennyMac Loan Services, LLC is registered with the Superintendent of the
New York State Department of Financial Services (Department). You may obtain further information or file a complaint by calling the
Department's Consumer Assistance Unit at 1-800-342-3736 or by visiting www.dfs.ny.gov.
NORTH CAROLINA - Licensed by the North Carolina Office of the Commissioner of Banks. Complaints regarding the servicing of your
mortgage may be submitted to the Office of the Commissioner of Banks, 316 W. Edenton Street, Raleigh, NC 27603, (919) 733-3016.
Licensed by the North Carolina Department of Insurance. Permit No. 119504607 - 6101 Condor Dr., Suite 200, Moorpark, CA 93021. Permit
No. 119505929 - 14800 Trinity Blvd., Fort Worth, TX 76155. Permit No. 119506567 - 3043 Townsgate Rd., Suite 200, Westlake Village, CA
91361. Permit No. 119506570 - 2201 West Plano Parkway, Suites 150 and 300, Plano, TX 75075. Permit No. 119507419 - 10550 West
Charleston Blvd., Suite A, Las Vegas, NV 89135.
OREGON - Borrowers: The Oregon Division of Financial Regulation oversees residential mortgage
(DFR)
loan servicers who are responsible for servicing residential mortgage loans in connection with real property
located in Oregon and persons required to have a license to service residential mortgage loans in this state.
If you have questions regarding your residential mortgage loan, contact your servicer at (800) 777-4001. To
file a complaint about unlawful conduct by an Oregon licensee or a person required to have an Oregon
license, call DFR at 888-877-4894 or visit dfr.oregon.gov.
This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. However, if your
account is subject to pending bankruptcy proceedings or if you have received a discharge in bankruptcy, this statement is for
informational purposes only and is not an attempt to collect a debt against you personally.
Licensing Information
Equal Housing Opportunity © 2008-2023 PennyMac Loan Services, LLC, 3043 Townsgate Rd, Suite 200, Westlake Village, CA 91361,
818-224-7442. NMLS ID # 35953 (www.nmisconsumeraccess.org). Trade/service marks are the property of PennyMac Loan Services, LLC
and/or its subsidiaries or affiliates. Arizona Mortgage Banker License # 0911088. Licensed by the Department of Financial Protection and
Innovation under the Califomia Residential Mortgage Lending Act. Colorado: Colorado office: 5500 South Quebec Street, Suite 260,
Greenwood Village, Colorado 80111, (877) 215-2552. Massachusetts Mortgage Lender License # MC35953. Minnesota: This is not an offer to
enter into an agreement and an offer may only be made pursuant to Minn. Stat. §47.206 (3) & (4). Licensed by the N.J. Department of Banking
and insurance. Licensed Mortgage Banker-NYS Department of Financial Services. Rhode Island Lender License # 20092600LL. For more
information, please visit PENNYMAC.COM/state-licenses. Co-op Loans not available. Some products may not be available in all states.
Information, rates and pricing are subject to change without prior notice at the sole discretion of PennyMac Loan Services, LLC. All loan
programs subject to borrowers meeting appropriate underwriting conditions. This is not a commitment to lend. Other restrictions apply. All
rights reserved. (01-2023)
NY_NOI-230 01-2021
Page 4 of 14 2387554124
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
NY_NOl{FC}_FLAT
GM NY WAYETTE
ROAD 2858
LAFAYETTE
HERLIHY
T JASON
n
IpilÆÈI|.pl III.I|q[ilgi.I|q|ij|q|n|ggig|ul|Æ|p
20240203-189
2387554125
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
PENNYMAC~
T
Notice Date: 02/02/2024
P.O. Box 514387 Sent Via First Class Mail
Los Angeles, CA 90051-4387
JASON T HERLIHY
2858 LAFAYETTE ROAD roperty ress:
LAFAYETTE, NY 13084 2858 LAFAYETTE ROAD
LAFAYETTE, NY 13084
NOTICE OF DEFAULT AND INTENT TO ACCELERATE
ABOUT YOUR LOAN
This letter is formal
notice by PennyMac Loan Services, LLC (herein as "PennyMac") that you are in default
under the terms
of the documents creating and securing your Loan described above, including the Note and
Deed of Trust/Mortgage/Security Deed ("Security Instrument"), for failure to pay the amounts due.
WHY YOU RECElVED THIS NOTICE
The loan is due for 12/01/2023 and subsequent payments, plus late charges, and/or any escrow balance,
fees and costs. As of today, the total delinquency and reinstatement amount is $3,293.87, which consists of
the following:
Next Payment Due Date: 12/01/2023
Total Monthly Payments Due: $3,183.87
3 @ $1,061.29
Late Charges: $0.00
Other Charges: Uncollected NSF Fees: $0.00
Property Preservation Fees: $0.00
Property Inspection Fees: $110.00
Appraisals\Broker Price Opinion Fees: $0.00
Bankruptcy Fees: $0.00
Short Payment Advance: $0.00
Unapplied Balance: ($0.00)
TOTAL YOU MUST PAY TO CURE DEFAULT: $3,293.87
Toll-Free: (866) 545-9070 Website: www.PennyMac.com Payments: General Correspondence:
M-F 6:00 AM - 6:00 PM PT Secure Messaging Online: Standard Address: Attn: CorrespondenceUnit
Sat 7:00 AM - 11:00AM PT Create an account and/or log in to P.O. Box 30597 P.O. Box514387
Toll-Free Fax: (866) 577-7205 http://www.PennyMac.com, Los Angeles, CA 90030-0597 Los Angeles, CA 90051-4387
then look for the secured Message Overnight Address: (Pleasedo notsendpayments)
Centerto communicatewith us securely. Attn: LockboxOperations
Notice of Error and
Ca son CA 9 746 Information Request
(Pleasedo notsendcorrespondence) Address:
Attn: Correspondenceunit
PO Box950002
Fort Worth, TX 76155-9802
(Pleasedo notsendpayments)
NY_NOI-230 01-2021
Page 1 of 14 2387554125
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
ACTION REQUIRED
It is possible that after payment of the amounts detailed above there may be other fees still due and
owing, including but not limited to other fees, escrow advances or corporate advances that
PennyMac paid on your behalf or advanced to your account.
This letter is a formal demand to pay $3,293.87. If the default, together with additional payments that
subsequently become due, is not cured by 03/08/2024, the sums secured by the Security Instrument may be
accelerated, and PennyMac may invoke any remedies provided for in the Note and Security Instrument,
including but not limited to the foreclosure sale of the property.
IF YOU ARE UNABLE
TO BRING YOUR ACCOUNT CURRENT, PennyMac offers consumer assistance
programs designed
to help resolve delinquencies and avoid FORECLOSURE. These services are provided
without cost to our customers. You may be eligible for a loan workout plan or other similar alternatives. If
you would like to learn more about these programs, you may contact the Loss Mitigation Department at
1-866-545-9070, 6:00 AM - 6:00 PM PT Monday through Friday and 7:00 AM
- 11:00 AM PT Saturday. WE
ARE VERY INTERESTED IN ASSISTING YOU.
The default above can be cured by payment of the total delinquency and reinstatement amount plus any
additional payments and fees that become due by 03/08/2024 Note that in addition to the regular monthly
payments, additional charges, costs and fees may become due during the period between today's date and
the date the aforementioned payments are due. You may contact our Collection Department at
1-866-545-9070 to obtain updated payment information.
Please include your loan number and property address with your payment and send to:
PennyMac Loan Services, LLC
P.O. Box 30597
Los Angeles, CA 90030-0597
Or Overnight
PennyMac Loan Services, LLC
Attn: Lockbox Operations
20500 Belshaw Ave
Carson, CA 90746
IMPORTANT INFORMATION
TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC
STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY
AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN
INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN
ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE
NUMBER.
" If you wish to dispute the delinquency, or if you dispute the calculation of amount of the delinquency and
reinstatement amount, you may contact us by calling 1-866-545-9070.
"cure"
" You may have the right to or reinstate the loan after acceleration, and the right to assert in a
foreclosure proceeding, or to bring a court action to assert the non-existence of a default or any other
defense to acceleration or foreclosure sale. Failure to respond to this letter may result in the loss of your
property. To the extent your obligation has been discharged or is subject to the automatic
stay in a
bankruptcy case, this notice is for informational purposes only and does not constitute a demand for
payment or an attempt to collect a debt as your personal obligation. If you are represented by an
attorney, please provide us with the attorney's name, address and telephone number.
" Attention Servicemembers and Dependents: Servicemembers on active duty, or a spouse or
dependent of such a servicemember, may be entitled to certain protections under the Servicemembers
Civil Relief Act ("SCRA") regarding the servicemember's interest rate and the risk of foreclosure. SCRA
NY_NOI-230 01-2021
Page 2 of 14 2387554125
FILED: ONONDAGA COUNTY CLERK 05/02/2024 01:28 PM INDEX NO. 004682/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/02/2024
and certain state laws provide important protections for you, including prohibiting foreclosure under most
circumstances. If you are currently in the military service, or have been within the last 12 months, AND
joined after signing the Note and Security Instrument now in default, please contact PennyMac
immediately. When contacting PennyMac as to your military service, you must provide positive proof as
to your military status. Servicemembers and dependents with questions about the SCRA should contact
their unit's Judge Advocate, or their installation's Legal Assistance Officer. Homeowner counseling is
also available at agencies such as Military OneSource (www.militaryonesource.mil; 1-800-342-9647) and
Armed Forces Legal Assistance (http://legalassistance.law.af.mil), and through HUD-certified housing
counselors (http://www.hud.qov/offices/hsa/sfh/hcc/hcs.cfm). You can also contact us toll-free at
1-866-545-9070 if you have questions about your rights under SCRA.
" If you are experiencing financial difficulty, you should know that there are several options available to
you that may help you keep your home. may You contact a government
housing counselingapproved
agency which provides free or low-cost housing counseling. You should consider contacting one of these
agencies immediately. These agencies specialize in helping homeowners who are facing financial
difficulty.