11. Davidson Fink LLP has been attempting to collect from plaintiffa residential mortgage loan obtained for personal, family or household purposes (housing).  12. The loan was alleged to be in default when Davidson Fink LLp first became involved with it.  13. on or about June24,2013, Davidson Fink LLp filed, on behalf of Deutsche Bank National rrust company, a foreclosure action against Andrew carlin in Nassau county Supreme Court.  14. Davidson Fink LLP attempted to provide the notice required by l5 U.S.C. g16929 "i nli. com,/oractice-areas/business-law as an attachment to the complaint.  15. A copy ofthe summons, complaint and exhibits is attached as Appendix A. The $16929 notice is the I ls page.  16. Prior to the complaint, Mr. Carlin did not receive any letter or other communication from Davidson Fink LLp. on information and belief, none was sent.  17. Section 16929 provides: g f6929. Validation of debts (a) Notice of debt; contents. within five days after the initial communication the collection of any debt, a debt nformation is contained in the initial written notice containing--  s paid the debt' send the consumer a (l) the amount of the debt; (2) the name ofthe creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirtv davs after receipt of the notice.,- disputes the validity of the debt, o; ,ni p;;ii;" thereof, the debt will be assumed to be v;lid by the debt;"fi":;;;;-^' (4) a statement that if the consumer notifies the debt collector in writing within the thirty-_day pe_riod that the debt, or any p".tio" thereof, is disputed, the debi iolector wi[ obtain verific'ati"" "iirr. deb.t or a copy ofa judgment against the consumer and a copy ofsuch verification or judgment w I be ma ed to the consume. ny iri.r a.nt--- collector; and (5) a statement,that, upon the consumer's written request within the thirty-day period, the debt colrector wilr provide tt e .,iosu.,e. toitt  --- the name and address of the original creditor, if different f.o- tfi"  - current creditor. t collector in writing (a) that the debt, or any debt coilector s#if::::::1,ffi iixlr,n" f, until the debt collector obtains a judgment, or  f such verificatio , is mailed to th ommunications violate this title may continue during the 30-day period referred to in s-ubsectio_n (a) unless the consumer has notified"the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumei ' collection not overshadow tIo dispute the (c) Admission -of liability. The failure of a consumer to dispute the validity of a debt under this section may not be construed uy r"y "ouit  as ao ai-issioo of liability by the consumer. (d).Legal pleadings. A communication in the form of a formar preading in a civir action shall not be treated as an initial communication ro.'pu.por", or subsection (a). (e) Notice provisions. The sen does not relate to the collection Internal Revenue Code of l9g6 Leach-Btitey Act [1.i USCSSS { state law rerating to notice 6fdata securitv breach or Drivacv. or anv rePulation prescribed under any such provision of U*l sfraii noi-be ireated as an initiar communication in connectiori with debt coilitio; f; pu.por.. or this section.  18. The 1lm page ofAopendix A states that "the amount ofthe debt is stated in the complaint hereto attached."  19. The complaint does not state the present amount ofthe debt. Attached is a Schedule c which lists the original loan amount and the principal balance owing. However, the complaint also claims unspecified interest, taxes, assessment, water rates, insurance premiums, escrow "and/or other charges." (Paragraph ,,seventh,').  2. That the dcfcmdan(s) and all pasons claiming by, through or undcr rhcm, or citha ormy of thcm, subsequcnt to dlc commencement ofthis lclioa and cvery oihcr pcrson or corporstion whosc right, tillg c{nveyanco or oncumbrancc is subgcqucnt to or sub8cqusntly rccorde( may bc bancd and forcver forroloscd ofall right, ctaim, lien, interest or quity of redemption in and to said mortgaged prcmises;  20. By letrer of July 12,2013, Mr. Carlin disputed the debt (dppgniliLB). 21  More than five days afterwards, by letter of August 9, 2013, Davidson Fink LLp provided additional information about the debt (Appcn-dix c [some exhibits omitted]).  22. This letter enclosed a "payoff statement" which stated an amount ofthe debt, but also stated that "the Total Amount Due may include estimated fees, costs, additional payments and,/or escrow disbursements that will become due prior to the ,statement Void After' date, but which are not yet due as of the date this payoff Statement is issued.',  23. As a result, Davidson Fink LLp did not provide the .,amount of the debt,,as required by g 1692g(a)( I ) . Miller v. McCalla, Raymer, padrick, Cobb, Nichols, and Clark, L.L.c. ,214 F .3d 872 (7'h cir. 2000) (not sufficient to state that unpaid principal balance of residential mortgage loan was $178,844.65, and that this did not include unspecified accrued but unpaid interest, unpaid late charges, escrow advances, and other charges authorized by loan agreement).  24. It is the policy and practice of Davidson Fink LLp to attempt to comply with $16929 by: a  Attaching the $16929 notice to the compraint, which is excluded from the definition of "initiar communication" under amended $ 1692g and which in any event does not contain a statement ofthe ,,amount ofthe debt,,as required by 91692g(a)(1). b.  Providing a "payoff statement" ifthe consumer requests the actual amount ofthe debt, which payoff statement incrudes unaccrued charges and thus also does not state .,the amount ofthe debt.,, 25. Plaintiff incorporates paragraphs 1-24.  26. The standard policy and practice employed by Davidson Fink LLp for the purpose of attempting to comply with l5 u.s.c. gl6929 violates l5 u.s.c. g1692g(a)(l), because the consumer is never furnished with a statement of the amount of the debt. 27 .  Plaintiff brings this claim on behalf of a class, pursuant to Fed.R.civ.p. 23(a) and 23(bX3).  28. The class consists of(a) all individuals against whom Davidson Fink LLp filed a foreclosure complaint (b) without also providing a letter containing the amount presently owed, (c) which complaint was filed or served on or after a date one year prior to the filing ofthis action and ending 20 days after the filing of this action.  29. The class is so numerous that joinder of all members is not practicable. There are more than 40 class members.  3. That thc said mortgsgcd prcrnises, or euch psrt hcrcofas mry bc ncccsllry to raise thc amounts duc for prinoipsl, intcrtsl' cosls, reasonsblc sttomcy's fccs, allonanccs and disburscments, togethcr with ury monics advanccd and paid, nay bc decrced to bo sold according t9 law;  30. There are questions of law and fact cornmon to the class members, which common questions predominate over any questions relating to individual class members. The predominant common question is whether defendant's standard practice for complying with 15 U.S.C. $16929 violates the FDCPA.  31. Plaintiffls claim is typical of the claims of the class members. All are based on the same factual and legal theories.  32. Plaintiffwill fairly and adequately represent the class members. plaintiffhas retained counsel experienced in class actions and FDCpA litigation.  33. A class action is superior for the fair and efficient adjudication of this matter, in that: defendant for: a.  Individual actions are not economically feasible. b.  Members of the class are likely to be unaware of their rights; c.  Congress intended class actions to be the principal enforcement mechanism under the FDCPA. WHEREFORE, the court should enter judgment in favor of plaintiff and against i.  A declaration that defendant's practice violates the FDCpA; ii.  Statutory damages; iii.  Attomey's fees, litigation expenses and costs ofsuit; iv.  Such other and further reliefas the Court deems proper. 4. That out ofthc monies arising lion thc salc thcrcof, thc plaintiffmay bc paid rhc amounts duc on 6aid bond/notc/loan agccmctrt and mortgage End any sum which may havc bcen paid by the plaintiffto prorect the licn ofplaintilfu mortgagc os hcr€in sct fonh, with tntcrtst upon sEid amounts fom hc dolos ofthc respcctivc paymcnts and advanccs thcreof, thc costs and cxpcnrce ofthis action, additlonal allowance, if rny,8td rcssmablc aEorncyrs f€€€, lf pmvidcd for in sEid bond, nole, loan ag:ccmcnt or mortgagc, so fir is the smount ofsuch monry properly applicablc thcrrto will pay thc samc;  5. Thc prcmiscs rre bcing sold subjc.ct to: (a) All common chorgcs, ifany, whioh are at drc time a licn on thc prcrnises, togethcr wi$ such ioteEst or perlahics Es may have hwfully E rrucd $crcon lo thc dstc of paymcnq (b) Covcnrn6, restsictiorE 8nd c6s.mcsb ofrccod and zoning regulrtioDs and ordinances of the City, Town and Vinsge in which eaid premisco lic; (c) Righrs of thc publio gnd othm ln ard b any pan of fio morrgagod premiscs th8t llcs withln the bounde ofany sftsq allcy or highway; (d) Any stalo offrct8 thst rn accuratc strlry, cumnrly datcd might disclosci (c) Any state of forts an inspcction world illsclosc, it bairrg rEd€rstood thst thc propcrty is sold in an 'ag is" and "vhcre is" conditioo; (f) Any and all teranoies, posscssuy intctcsts and/or lcoscs aftcting said premiser which are not cxtinguishrd by this forechsrnc action; (g) Thc dgbt ofredcmption ofthe Unibd Slstcs ofAmcric& ifany; 6, That ifhe procccds ofaaid salo oftho morEagcd premises sforqsaid bo insuEicicnt to pay thc amount found duc 10 thc plaifliff with intcrcst and cosb, the officcr making thc ule be re{ulrcd to spccify the amount ofsuch deficicncy in his report ofsalc 60 rhst plaintiffnay tharcafler be ablc to makc application to this CouG pursuant to Scdion 137f of$c Real Proporty Aotions and Proceedings law, for ajudgnrcnt against thc defsndrn(s) rEfcn8d to in psragnph FOURTH of thls Comphint for any dcficiarcy which may retnain aftcr applyirg all of such monsys so applicablc thercto, crcept thrt thit shtll Dot rpply to iry d€feodrut who hrs becn dlrcharged ln bukruptty fron tlrc subrcct debB  7. Thot cithcr or 8ny ofthc poflics to th's ection may bemmo a purchescr upon sudr sslc; 8, That this Court ifrcqucsad, forthwltr appoint e Reccivcr ofthc rcnts and profits ofsaid premises with thG uguEl pov/ers snd duties;  9.  That thc ptaiotiff nuy have sucb other or furthcr rclicfi, 6 both, as may be just and equitsblc, Plaintiffspccifically rcsrrvcs its right to share in any s rplls monics arising from the salc ofsubjoct prcmies by virtue ofio position ss ajudgmcnt or othq, licn crtdltor a<cluding the modgage being forcclecd herch; DareD: )'*tL lfi7ota Rochester, Ncw Yo* Eorrclosue Dcpartrncnt 28 East Main Stsel, Suitc t700 Rochestcr, New York 14614 Tcl: (585) 760-8218 BY: DEI,ITSCEE BANK NATIONAI, TRUST COMP^NY  ^S TRUSTEE FOR IEE UOLDERS OF MORCAN STANLEY AAS CAPITAL I INC., TRUST 2005-Hr'3, NOT&S, SERTES 20r-r i Index No.; VERIFIED COMPLAINT Defendants. The plainriffherein, by Davldron Flnk LLp, its auomcyg complains of0rc dcfcndsne above namcd, and for iis cause ofaction, allegcs: NOTES, SERIES 2007-1i and aJOHN DOE and $IARY DOE,, (Said nam* being fictitious, lt being hc intention of , En8lts, porso&9 an intcrcst in horcin.) Dcfcndants. Filcd: rndcxNo.: l34bltfr Vallcy, CA, is a mrporation outhorlzed O do busincss in th.s Satc or quali6cs as a .forcign bmkx pursuant to thc Elevar stahrtes ar4 as suci, has srandiry and capacity to bring his rcthn in tho courts of the Statc ofNew yodc SI9QND: Upor information and bclief, that at all times hereinaftcr mcndoncd thc dcfendan(s) set forth in schedule A residc or havc o place ofbusinass Bt thc addrcss sGt fodh thcrein and ore made dcfendants in this ection in thc cepacitics therein alleged and for thc purposc offorecrosing and cxtinguiehing any other right" titrc or intlrest said dcfcodcns may havo in the subjcct premiscs. !!!l!!:  That the Unitcd Sutes of Arneric.a, Thc pcopre of the statc of Ncw yorr, The surc Tax commission ofthc starc ofNrw york, rhc Industrial conmissioner ofthc starc of Fitcd: I I Ncw York' and all othcr agcncics or instrummurities ofth€ Fcdcral, state or locar govommenr (howcv6 de8ignatco, ifmadc partlca to dlis action and lfsppc{ring in Schcdutc B, arc made p8ni6 solcly by rca.son ofthc facs s€t f6tl in said schedulc, and for no othc! rEason. FOIIRTH: Thrt hcr€toforc, ihc dcfendaflt, Andrcw p. Carlin, for tho purposo of sccuring to plsintiffor its assignor, its successon and assigns, thc sum of t200,000.@, rfuly madc a ccrtain bond notq losn rgr€cm€ot, extensioo BBrEemcnt consolidation Bgrrcmcnt, or recrcting agrccnalt, ss thc c&sc may b€, whcrcin and whcrcby thcy bound themselvcs, thcir heirs, ercoutors, admlnl8EstoE and sssigns, rnd cach and cvcry oue of thcm, jolnLly End scvcrally, in thc amount ofsaH sum ofnoncy, afl as more fuuy appclrs togethcr rvith the tenDs ofrcpayment ofsald sunr or righu ofthc plaintiff in said bond, norc or othcr i*tsuronL A copy of said inrtrumcnt' or ur aflidavit rcg*ding same, is uadred herdo and msde s part hercof. [![f!:  That as security for tbe payment ofsrid indcbtedn€ss, a mongage was ExecuM, acknowlcdgcd and dclivered to thc ptaintiffor its assignor, whereby the mortgrgor or mortgrgors thcrcin namcd, baryaincd, grantcd and sold to fic mo'rtgagcc n8mcd thcrcitr, its succcssors and ersigns, thc premises morc particulerry dcscribcd thcein (hercinaflcr called 'mortgagcd prcmilcsi), unds c.rtain conditions wih rights, dulics Ed privitcgcs between or among thsn as mora fully appcars in said mortgagq a copy ofwhidr is attachcd hcrao and madc a psrt hcrcof. SIXTH: That the said mongagc was duly recordcd (ard the mortgage tax duc thclcon was duly paid) in thc propa County Clcrkb Ofticc at the place and timc which apperrs thercon SEVENfi: That the defcndan(s), eo named, hrve failod and regl€ctcd to comply wjth thc tcrDr and Fovisions ofsaid mortgagc, bond/note/loan agrecment, and said instumeo(s) seourod by said mortgege by omitting and foiling to pey ltems ofprinclpal 8lld interEst or t8xes, asocssmcnts, watlr ratcs, incurrnce prcmiums, escrow and/or othcr cirarges, all as more fulty appcars in schedule c snd accordingly rhc praintirfhcrcby clccts to ""ll  duc hc cotirc araounr sccurad by the mortgagc dcscribcd in paragraph FIFTH hcrcof. The dcfault has continucd bcyond rhe applicable grace period set fortlr in the mortgrge, and by rcason thcrco( praintifihas clected and hcrcby elects to dccrare immediatcly duc and payable thc cntirc unpaid balancc of principal. I I EIGHTH: That Schedutc C slts fo(h the pdncipal balanc€ due End $e ilare (anaf raE) from which lnt",..t aceued and a, othcr irems Bnd crurgcs arising fmm said dc&urt which arc Dow duc. NINTH: That ln orde to Forcct its socurity, the plaintitrhu pai4 ifsct fo hin SchcdulG C, or may bo compelled to pay dtring rhc pondency of this action locsl tsxca, Bs$ssmcnts, watrr ratcs, insurancc prcmiums, inspcctioru ard othcr chergcs afecting he mortgagd prcmis€s, and thc plsintiffrcqucsb that sry suns thts paid by it for ssid pupoBes (together with intcrest therton), should bc addcd ro the eum otlaerwlgc duc and bc dccmcd serured by the said mortgagc and bc adjudgcd s tnlid lisn on thc motg8ged preEises. TENTH: Thrt c8ch of orc abov+namcd dcfan&nts has, or olalms to havg sorDo inter!3t in, or licn upon said mongagcd premiscs or some part lhorrof, which intcrcst or licn, if any, has accrucd subsequcnt !o thc licn ofplaintiffs mongage. ELEWjNTH: Thar thc phintif is now $c solq tnrc and lawful holder of &e said bond/nolcy'lon agrcemcal 8nd mortgage sccuring thc sEc End thcre arc no pcnding pmceedings at lew or olheMse to mllca sr coforcr seid bond/notc ud mortgago. Copias of AssigEmen(s) ofModgagc, ifany, 8rc BUEch€d hcreto ond mEd€ e p{i hereof. TWELFTII: Thar Schcdulcs, Exhibits and othcr itcms athchad b this Complaint arc cxpressly rncorporated and madc a pert ofthc compraint for aI purpos* wilh thc same forcc and Eftct as ifthey were complctcly and fulty sct forth hcrcin whaeva rcfcrenco has bcan madc to caoh or any of drem. ' THTRTEENTH: That by rcason of lhc forcgohg, drcre is now duc and owing to the plaintiffupon caid bond, rnte, loan agrccmcnr, assumption agrecncnt, elitcnsion agrccment or consolidation agrcement the BmouDt sct forth in Schcdule C. FOURTEENTII: That ifthe security for thc indebtcdness coosists ofmorc lhan onc parcel' plaintifrrcspectfully tEquests hat rhejudgmcnt of foreclosurc provide for thc salc ofhc paroels in a particular order to he exicrt! ncccssary to satiss thc indebtcdncse or that if tro mortgage so sratcs, $e morlgagcd prcmiscs nay bc sold in onc prrccl, FIFTEENTH: Thc plainriffshall nor be demed to have saiv.d, allerrd, rcleascd or changcd thc election hcreinbcforc made by rcason ofthc paymrnt or pcrformancg sncr be dstc of lhe commcncement of this action, ofany or all ofhe dcfaulG mcntioncd hGreini and suoh crcction sha[ continuc and rcmrin effcctive uDtir thc cos* ,nd disbuscmcnb oft]tis sctioo, and I all Fcscnt and futurc dcfautts undcr thc note and mortgsge 8rd occlrrdng prior !o lhc dlscontinuencc o[ drls acdon are fully pald and curcd. SIXTEENTH: Pursua to th€ F8h Debt Collcction practices Act, this Ection may be dcemed to bo an ettcmpt to colcct I dobt on bcharfofbc prrintifr. Any information ob*incd as a result of this action will bc used for $at purposc. SEVENTEENII: At thc rimc this procccding is commencad, thc plaintillis the owner and holdcr ofthe subjecr mortg,age a8d note, or hos bccn dclcgBtcd the aurhority to lnstitutc a nongagc foroclosurc action by thc owncr and holda ofthe arbjoct flortgsge and notc. EIGHTEENTH: lf applicablc, plaintitrhar complicd wlth a[ of thc provislons of scction fivc hundred nincy-fiv+e offr banking raw and rny rulcs and rcgulatJonr promurgated thaoundor, section six-l or six-m ofthe brnking raw, ecction rhirtccn hundred four sfthc reat pmpcrty actions and pocccdlngs law, and IIAMp Suplcmcnt0l DiEctivc ttr(n. NINETEENTH: Pldntifthas complicd widr all of trc provisions pursuant to RpApL !g I104 rnd 1305. WIIEREFTORE, plaintifr demands judgrncnr: l.  Adjudging and decreeing thc amounts duc the plaintifffor principal, intrtEr, costs and roasonable anomey's tece, ifprovidcd for in tho said bond/nolc/loan agrcementor morttage; and 