AT COST ABSTRACT, INC....62 SOUTH OCEAN AVENUE, SUITE 202, PATCHOGUE, NY 11772 TEL (631) 576-2992...

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62 SOUTH OCEAN AVENUE, SUITE 202, PATCHOGUE, NY 11772 TEL (631) 576-2992 FAX (631) 207-8308 AT COST ABSTRACT, INC. [email protected] Proudly Representing Stewart Title Insurance Company March 30, 2016 Diamond Law Group Rich Klein, Esq. TITLE NO: ACNY-2698-16DIL PREMISES: 83 Breezy Heights, Marlborough, NY 12542 OWNER(S): JOSHUA M. BARNES and MONICA M. BARNES PURCHASER(S): ENTITY TO BE DETERMINED COUNTY: Ulster Dear Sir/Madam: In reference to the above, enclosed please find Certificate and Report of Title. If you have any questions in regard to same, please do not hesitate to contact the undersigned. Very truly yours, RACHEL A. DECHANCE

Transcript of AT COST ABSTRACT, INC....62 SOUTH OCEAN AVENUE, SUITE 202, PATCHOGUE, NY 11772 TEL (631) 576-2992...

Page 1: AT COST ABSTRACT, INC....62 SOUTH OCEAN AVENUE, SUITE 202, PATCHOGUE, NY 11772 TEL (631) 576-2992 FAX (631) 207-8308 AT COST ABSTRACT, INC. INFO@ATCOSTABSTRACT.COM Proudly Representing

62 SOUTH OCEAN AVENUE, SUITE 202, PATCHOGUE, NY 11772

TEL (631) 576-2992

FAX (631) 207-8308

AT COST ABSTRACT, INC. [email protected]

Proudly Representing Stewart Title Insurance Company

March 30, 2016

Diamond Law Group

Rich Klein, Esq.

TITLE NO: ACNY-2698-16DIL

PREMISES: 83 Breezy Heights, Marlborough, NY 12542

OWNER(S): JOSHUA M. BARNES and MONICA M. BARNES

PURCHASER(S): ENTITY TO BE DETERMINED

COUNTY: Ulster

Dear Sir/Madam:

In reference to the above, enclosed please find Certificate and Report of Title.

If you have any questions in regard to same, please do not hesitate to contact the undersigned.

Very truly yours,

RACHEL A. DECHANCE

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[email protected]

copies & mailings

ROBERT FESTA

[email protected]

general inquiries

KAREN MURPHY

[email protected]

orders/surveys/municipals

STEPHANIE RIVERA

[email protected]

clearance

CLAUDIA J. HARRINGTON

[email protected]

closing desk/invoices

ATHENA DURAN

[email protected]

post closing/recording

MAIRAJ ASAD

[email protected]

manager

RACHEL DeCHANCE

[email protected]

president

BRIE DeCHANCE

[email protected]

T (631) 576-2992

F (631) 207-8308

62 S. Ocean Avenue, Suite 202

Patchogue, NY

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CONSUMER NOTICES AND DISCLOSURES AS REQUIRED

PURSUANT TO NEW YORK INSURANCE LAW:

Date: March 30, 2016

Title No. ACNY-2698-16DIL

The Property: 83 Breezy Heights, Marlborough, NY 12542

To: (Borrower)

These disclosures and Notices are for the purposes of compliance with New York Insurance law

and do not alter or change the coverage’s, exceptions, exclusions, or conditions of the final

policies issued in connection with the subject transaction. Any person who knowingly and with

intent to defraud any insurance company or other person files an application for insurance or

statement of claim containing any materially false information, or conceals for the purpose of

misleading, information concerning any fact material thereto, commits a fraudulent insurance

act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand

dollars and the stated value of the claim for each such violation.

THIS REPORT IS NOT A TITLE INSURANCE POLICY. PLEASE REVIEW

THIS REPORT WITH A REAL ESTATE PROFESSIONAL

REPRESENTING YOUR INTEREST IN THIS TRANSACTION. PLEASE

READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS

UNDER THE TITLE INSURANCE POLICY AND MAY NOT LIST ALL

LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE

PROPERTY. YOU SHOULD CONSIDER THIS INFORMATION

CAREFULLY.

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CONSUMER ACKNOWLEDGMENT OF TITLE INSURANCE PREMIUMS,

FEES, AND SERVICE CHARGES

This Statement should be attached to all final invoices.

Date: March 30, 2016

Title No. ACNY-2698-16DIL

The Property: 83 Breezy Heights, Marlborough, NY 12542

To: JOSHUA M. BARNES and MONICA M. BARNES

I acknowledge that I have reviewed the premium calculations, fees and service charges being

charged to me. I acknowledge that these charges have been explained to me and that I

understand them as set forth on this memorandum.

NOTE: You are required to sign this memorandum of acknowledgment pursuant to New York

State Insurance Law.

TO BE SIGNED BY BUYER/BORROWER

______________________________________________

Buyer/Borrower/Seller/ or Buyer/Borrower/Seller authorized representative

____________________________________________

Buyer/Borrower/Seller/ or Buyer/Borrower/Seller authorized representative

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CERTIFICATE OF TITLE ISSUED BY

S T E W A R T T I T L E I N S U R A N C E C O M P A N Y

Certifies to the proposed insured named in Schedule A that an Examination of title to the

premises described in Schedule A has been made in accordance with its usual procedure and agrees to issue its standard form of title insurance policy in favor of the proposed insured, covering premises described in Schedule A, in the amounts hereinafter set forth, insuring the fee and/or mortgage and the marketability thereof, after the closing of the transaction in conformance with procedures approved by the Company excepting (a) all loss or damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth herein that are not disposed of to the satisfaction of the Company prior to such closing or issuance of the policy (b) any question or objection coming to the attention of the Company before the date of closing, or if there be no closing, before the issuance of said policy.

This Certificate shall be null and void (1) if the fees therefore are not paid (2) if the prospective insured, his attorney or agent makes any untrue statement with respect to any material fact or suppresses or fails to disclose any material fact or if any untrue answers are given to material inquiries by or on behalf of the Company (3) upon delivery of the policy. Any claim arising by reason of the issuance hereof shall be restricted to the terms and conditions of the standard form of insurance policy. If title, interest or lien to be insured was acquired by the prospective insured prior to delivery hereof, the Company assumes no liability except under its policy when issued.

Countersigned by:

Authorized Office or Agent

TITLE # ACNY-2698-16

THIS REPORT IS NOT A TITLE INSURANCE POLICY!

PLEASE READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS UNDER THE TITLE INSURANCE POLICY

AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE PROPERTY.

YOU SHOULD CONSIDER THIS INFORMATION CAREFULLY.

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Schedule A

Title Number: ACNY-2698-16DIL Effective Date: 2/19/2016

Premises: 83 Breezy Heights, Marlborough, NY 12542

County: Ulster

City: Marlboro

Tax ID: Section 108.4 Block 2 Lot 15

ALTA Owner's Policy 2006 (with N.Y. Endorsement Modifications) Proposed Insured: ENTITY TO BE DETERMINED ALTA Loan Policy 2006 (with Endorsement Modifications)

Proposed Insured: , its successors and/or assigns as their interests may appear.

The estate or interest in the land described or referred to in this Certificate and covered herein is:

Fee Simple Title to said estate or interest in said land at the effective date hereof is vested in:

JOSHUA M. BARNES and MONICA M. BARNES

Source of Title: Deed made by GARRY E. BARNES, JOSHUA M. BARNES and MONICA M.

BARNES, dated 12/05/2005 recorded 01/04/2006 in Document No. 2006-428 in the Office of

the Clerk of the County of Ulster.

SEARCH OF PUBLIC RECORDS DOES NOT EVIDENCE CHANGE IN VESTING WITHIN THE LAST 24 MONTHS Recertified Date: ____/____/________ Title Recertified In:

The land referred to in this Certificate is described as follows:

SCHEDULE "A" DESCRIPTION TO FOLLOW

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Title Number: ACNY-2698-16DIL

SCHEDULE A DESCRIPTION

ALL that certain plot piece or parcel of land, situate, lying and being on the Westerly side of Highland Avenue extended in the Town of Marlborough, County of Ulster and State of New York, being Lot No. 19 on map of subdivision of lands of Stefano Conte, filed in Ulster County Clerk’s Office April 14, 1972, as Map No. 2714, and which is bounded and described as follows: BEGINNING at an iron marker set on the Southerly side of the Roadway known as Breezy Heights Road at the Northeast corner of the premises hereby conveyed; RUNNING THENCE along said roadway North 82 degrees 00 minutes 00 seconds West, 75.00 feet to a marker set on the Southerly side of said road; THENCE South 82 degrees 08 minutes 00 seconds West, 46.8 feet to a marker set in the division line between Lot No. 19 on the East and Lot No. 20 on the West; THENCE along said division line South 08 degrees 32 minutes 00 seconds West 169.6 feet to an iron marker set in the division line between Lot No. 18 on the South and Lot No. 19 on the North; THENCE along said division line South 81 degrees 28 minutes 00 seconds East, 120.00 feet to an iron marker set on the Westerly side of a proposed road 50.00 feet in width; THENCE along the Westerly side of said proposed road North 08 degrees 32 minutes 00 seconds East, 183.4 feet to the point or place of BEGINNING.

Section 108.4 Block 2 Lot 15 FOR INFORMATION ONLY: Premises commonly known as: 83 Breezy Heights, Marlborough, NY 12542

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Title Number: ACNY-2698-16DIL

Schedule B Hereinafter set forth are additional matters which will appear in our policy as exceptions from coverage unless disposed of to our satisfaction prior to the closing or delivery of the policy. DISPOSITION

1. Taxes, tax liens, tax sales, water rates, sewer and assessments set forth in schedule herein.

2. Mortgages returned herein ( ONE ). See Mortgage Schedule herein.

3. Rights of tenants or persons in possession.

4. Any state of facts which an accurate survey might show OR

Survey exceptions set forth herein.

5. Covenants, conditions, easements, leases, agreements of record, if any.

6. Acceptable photographic proof of identification of Grantors and/or Mortgagors must be submitted at closing of title.

7. In the event the transaction to be insured is an REO (“Real Estate Owned”) or bank owned sale, Company requires a vacancy affidavit executed by one of the following parties: attorney for Seller, listing agent for Seller, employee for foreclosing lender, representative for foreclosing lender.

8. Covenants, conditions, easements, leases, agreements of record, etc. more fully set forth herein.

A. Covenants and Restrictions recorded in Liber 1283 page 581, as repeated - copy herein.

B. Water Line Easement recorded in Liber 2205 page 225 – copy herein.

C. Utility Easement recorded in Liber 1214 page 848 – copy herein.

9. The Certified Owner(s) JOSHUA M. BARNES and MONICA M. BARNES have been run for judgments, parking violations, federal tax liens, and environmental control board liens – NOTHING FOUND OF RECORD.

10. Proposed purchaser(s) ENTITY TO BE DETERMINED has/have been run for judgments, parking violations, federal tax liens, and environmental control board liens – RETURNS, IF ANY, TO FOLLOW.

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11. Until a guaranteed survey is received, policy will not insure the courses, distances and dimensions of subject premises or the bed of any street, road or avenue passing through same, and will except any facts such a survey or personal inspection will show.

12. Proof is required that JOSHUA M. BARNES and MONICA M. BARNES have not been known by any other name in the past 10 years.

13. Proof is required to show that the person executing the deed at closing is the same person as grantee in Document No. 2006-428, the certified owner herein.

14. Closing deed must recite "Being and intended to be the same premises conveyed to the party of the first part by deed in Document No. 2006-428."

15. Lis Pendens Index No. 4284/10 filed 08/17/2010 and refiled 06/26/2015 to foreclose Mortgage in Document No. 2006-29326 to be cancelled and action to be discontinued.

16. NOTE: THIS EXCEPTION WILL REMAIN ON OWNERS POLICY ISSUED BY THIS OFFICE. This exception will remain in full force and effect for a period of five (5) years. This includes subsequent purchases for value. Title to the subject premises described in Schedule "A" herein is certified subject to Section 317 CPLR which provides that when a defendant is served in any manner other than personal service, such defendant has a meritorious defense. Policy will except any loss, cost or damage by reason of insufficiency of service on JOSHUA M. BARNES and MONICA M. BARNES in Index No. 4284/10, in which action service was NOT made personally on JOSHUA M. BARNES and MONICA M. BARNES.

17. Proof must be submitted to this company prior to closing, that the foreclosed mortgagor/prior owner or any party related thereto are no longer in physical possession of the premises.

18. Application indicates title is vested in JOSHUA M. BARNES, we find as certified. This must be explained prior to closing. In the event the discrepancy is due to death, this agency must be notified immediately and additional exceptions may be raised.

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19. Policy excepts the terms, conditions and provisions of any underlying agreement in connection with the proposed deed in lieu of foreclosure, including any right of grantor to redeem, and any mechanic’s liens filed within eight (8) months of the recording of the deed; Any claim that the proposed deed in lieu of foreclosure is part of a loan transaction or that the deed in lieu constitutes a mortgage or other security device; Policy excepts the rights of creditors of grantor in connection with the deed in lieu of foreclosure transaction arising under any federal bankruptcy, state insolvency or similar creditor’s rights laws. NOTE: Deed in Lieu of Foreclosure not recorded to date. Proof of recording is required.

20. NOTE: Premises herein are benefited by a Basic Star Exemption. This exemption is effective only through the current Tax Year. In order for said exemption to continue to the benefit of the within premises the new owner must re-file for same.

21. Company will only accept certified, bank or attorney's check for title charges.

22. Any municipal searches reported herein are furnished "FOR INFORMATION ONLY". They are not insured and the company assumes no liability for the accuracy thereof.

23. FOR INFORMATION ONLY: Although the Company will use its best efforts to record instruments promptly, no liability is assumed for penalties and interest under Section 1416 of the tax law due to the inability to file transfer tax returns or pay transfer taxes within the time required.

24. THE FOLLOWING ITEMS ARE REQUIRED AT CLOSING: A. Property street address to be recited in closing instruments. B. All instruments must recite the complete county tax map designation. C. Photo ID must be submitted at closing. D. Certified, Bank or Attorney checks will be accepted for payment. E. ALL closing documentation MUST be filled out in its entirety before being turned in to the closer (i.e. RPT, 255 Affidavits, etc.) F. Closings MUST be called in 48 HOURS in advance to avoid unnecessary inconveniences. G. Affidavit stating no sidewalk improvements/assessments have been made.

NOTE: Any municipal searches reported herein are furnished "FOR INFORMATION ONLY". They are not insured and the company assumes no liability for the accuracy thereof. NOTE: All checks in excess of $500.00 for payment of closing must be Certified or Bank Check payable to the Agency unless other arrangements have been made with this Company prior to closing.

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NOTE: If Power of Attorney is to be used in this transaction please contact this company prior to closing. NOTE: All documents to be recorded in the Office of the Clerk/Register or filed in the Registrar's Office must be executed in BLACK INK ONLY or this company will assume no responsibility for the recording of same. NOTE: Policy excepts any consequences that may arise due to the fact that the instruments submitted for recording are rejected by the County Clerk or Register because the instruments are illegible.

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Title Number: ACNY-2698-16DIL

MORTGAGE SCHEDULE

DISPOSITION

1 Title Company will require a written payoff statement prior to closing These mortgage returns, unless the mortgage is to be insured, will appear as exceptions from coverage. The information set forth herein is obtained from the recorded instrument. Sometimes the provisions of a mortgage may be modified by agreements which are not recorded. We suggest that you communicate with the mortgagee if you desire any additional information. If there has been a change in the owners and holders of the mortgage, such

information should be furnished to us promptly to enable further searches to be made.

MORTGAGE #1 of 1: Mortgagor: JOSHUA M. BARNES and MONICA M. BARNES, husband and

wife Mortgagee: MERS, INC., as nominee for SUPERIOR HOME MORTGAGE Amount: $248,000.00 Dated: 10/12/2006 Recorded: 11/27/2006 Recording ID: Document No. 2006-29326 Mtg. Tax Paid: $1,860.00

Assignment of Mortgage: Assignor: MERS, INC., as nominee for SUPERIOR HOME MORTGAGE Assignee: CITIMORTGAGE, INC. Dated: 06/22/2011 Recorded: 07/06/2011 Recording ID: Document No. 2011-8956 Assignment of Mortgage: Assignor: CITIMORTGAGE, INC. Assignee: PROF-2014-S2 LEGAL TITLE TRUST, by U.S. BANK NATIONAL

ASSOCIATION, as Legal Title Trustee Dated: 07/29/2015 Recorded: 08/13/2015 Recording ID: Document No. 2015-10300

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CENTRAL VIOLATIONS BUREAU

(applicable to properties lying in the City of New York or a borough thereof)

In New York City, since about July 1, 1961, only the Fire Department, The Department of Health, the

Department of Air Pollution Control and the Department of Water Supply, Gas and Electricity have been

reporting violations issued by them affecting multiple dwellings to the Central Violations Bureau

established pursuant to Section 328 of the Multiple Dwelling Law. In its report to its search for

violations the Department of Buildings includes such violations affecting multiple dwellings filed by the

aforesaid departments in the central bureau.

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Title Number: ACNY-2698-16DIL

MUNICIPAL, DEPARTMENTAL AND OTHER INFORMATIONAL SEARCHES

Any searches or returns reported herein are furnished FOR INFORMATION ONLY. They will not be insured and the company assumes no liability for the accuracy thereof. They will not be continued to the date of closing. THE FOLLOWING MUNICIPAL SEARCHES HAVE BEEN ORDERED FOR THIS REPORT AND ARE ATTACHED HEREWITH UNLESS OTHERWISE INDICATED:

Housing and Building Violation Report

Street Report

Certificate of Occupancy

Sewer Search

X Tax Search

X Bankruptcy Search

X Patriot Search

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TP-SDUS-361.01

At Cost Abstract,Inc 62 South Ocean Avenue Suite 202 Patchogue, NY 11772 Phone:631-576-2992 Fax:631-207-8308

BANKRUPTCY REPORT

TITLE NO. ACNY-2698-16DIL

A search has been made for bankruptcy filing in the SOUTHERN District only under the following name(s):

OWNER(S): JOSHUA M. BARNES and MONICA M. BARNES

* PLEASE SUPPLY SOCIAL SECURITY NUMBER*

PURCHASER(S): ENTITY TO BE DETERMINED

NO RECORDS QUALIFY

Dated: March 30, 2016

At Cost Abstract,Inc

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TP-SDUS-373.01

At Cost Abstract,Inc 62 South Ocean Avenue Suite 202 Patchogue, NY 11772 631-576-2992 Fax 631-207-8308

PATRIOT SEARCH REPORT

TITLE NO. ACNY-2698-16DIL

A search of the “Specially Designated Nationals and Blocked Persons List” published by the Department of

Treasury, Office of Foreign Assets Control, has returned the following results:

OWNER(S): JOSHUA M. BARNES and MONICA M. BARNES

The above name(s) does not match any record found.

The above name(s) were found on the Specially Designated Nationals and Blocked

Persons List. If additional research is required to determine appropriate course of action,

please contact the “Office of Foreign Assets Control – Compliance Program Division” at

1-800-540-6322.

PURCHASER(S): ENTITY TO BE DETERMINED

The above name(s) does not match any record found.

The above name(s) were found on the Specially Designated Nationals and Blocked

Persons List. If additional research is required to determine appropriate course of action,

please contact the “Office of Foreign Assets Control – Compliance Program Division” at

1-800-540-6322.

Dated: March 30, 2016

At Cost Abstract,Inc

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AT COST ABSTRACT, INC.

62 South Ocean Avenue, Suite 202, Patchogue, NY 11772 www.atcostabstract.com

ATTACHMENTS

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