FILED: KINGS COUNTY CLERK 04/18/ :11 PM

Transcription

1 EXHIBIT A

2 25835/2006 Summ. & comp!. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x. 5/ TRIBECA LENDING CORPORATION, Index No.: ~ * 3~ Q ~ Date Filed: -against- Plaintiff, SUMMONS... Page 1of11. CLAUDE FLEURIMOND; JULIE BLAIN; NYC PARKIN(} VIOLATIONS BUREAU; "JOHN DOE NUMBERS 1-5" AND "JANE DOE NUMBERS 1-5", THE NAMES OF THESE DEFENDANTS BEING FICTITIOUS AND UNKNOWN, THE PERSONS INTENDED BEING TENANTS JN POSSESSION OF SAID PREMISES, AND SUCH OTHER PERSONS OR PARTIES, IF ANY, HAVING OR CLAIMING AN INTEREST.IN OR LIEN UPON THE PREMISES DESCRIBED IN THE COMPLAINT, Location of Mortgaged Premises: 929 East 92nd Street Brooklyn, NY Tax Map ID: Defendants x TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the Plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. KINGS County is designated as the place of trial. The basis of venue is the location of the premises encumbered by the mortgage to be foreclosed herein. Dated: Mineola, New York August 23, 2006 Thomas P. Solfe o, Esq. SOLFERJNO & SOLFERINO, L.L.P. Attorneys for Plaintiff TRIBECA LENDING CORPORATION 15 Roslyn Road Mineola, New York (516) THIS COMMUNICATION IS FROM A DEBT COLLECTOR, WHO IS ATTEMPTING TO COLLECT A DEBT. ANY INFOBMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 '""

3 Page 2of11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x TRIBECA LENDING CORPORATION, -against- Plaintiff, CLAUDE FLEURIMOND; JULIE BLAIN; NYC PARKING VIOLATIONS BUREAU; "JOHN DOE NUMBERS 1-5" AND "JANE DOE NUMBERS 1-5", THE NAMES OF THESE DEFENDANTS BEING FICTITIOUS AND UNKNOWN, THE PERSONS INTENDED BEING TENANTS IN POSSESSION OF SAID PREMISES, AND SUCH OTHER PERSONS OR PARTIES, IF ANY, HA YING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES DESCRIBED IN THE COMPLAINT, Index No.: Date Filed: COMPLAINT Location of Mortgaged Premises: 929 East 92"d Street Brooklyn, NY Tax Map ID: Defendants x The plaintiff above named, by SOLFERINO & SOLFERINO, L,L.P., its attorneys, complaining of the defendants, alleges as follows: 1. That, at a11 times hereinafter mentioned, plaintiff, TRIBECA LENDING CORPORATION, is a foreign corporation duly authorized to do business in the State of New York. 2. That the plaintiff is the owner and holder of the note(s) and mortgage(s) as described on Exhibit "A" annexed hereto and made a part hereof with the same force and effect as though fully set forth herein at length, which Mortgage was indexed under District xx; Section xx; Block 8125 and Lot 17 in the Office of the City Register of KINGS County, and upon which mortgage recording tax was fully paid. 3. That, the said mortgagor(s) therein named, granted, released and mortgaged to the mortgagee(s) therein named, its successors or assigns, the premises, and appurtenances thereto, described on Exhibit "B" annexed hereto and made a part hereof with the same force and effect as though fully set forth herein at length, together with all of the right, title and interest of the mortgagor(s) in and to the land lying in the streets and roads in front of and adjoining the said premises (hereinafter referred to as the "Premises"). 4. That, by the terms of said Mortgage, and the statutes in such case made and provided, the lien of said Mortgage was imposed upon and included all_ articles of personal

4 Page 3of11 property attached to or used in connection with the Premises, all of which were covered by said Mortgage. " 5. That, the defendant(s), CLAUDE FLEURIMOND and JULIE BLAIN, covenanted and agreed to repay to the plaintiff, its successors or assigns, the sum of THREE HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED and 00/100 ($318,500.00) DOLLARS, by making monthly payments of pri~cipal and interest in the manner, and according to all of the terms, covenants and conditions as contained in the Note and Mortgage. 6. That, pursuant to the terms of the Mortgage, with each payment, in addition to the monthly payments of principal and interest, the mortgagor(s) was obligated to pay to the mortgagee, one twelfth (1/12) of the annual estimated amounts for real estate taxes, assessments, water and sewer charges, premiums on policies of fire and hazard insurance, and premiums on policies of mortgage insurance, ifany. 7. That, the plaintiff has fulfilled all of its duties and obligations in pursuance of the terms, covenants and conditions of the Note and Mortgage. 8. That, the defendant(s) have failed to comply with the conditions of said Note and Mortgage, by failing and omitting to pay in full each of the following monthly payments on the due dates set forth, and the monthly payments due thereafter to the date hereof: Due Date Amount ; and such monthly payments are in default, beyond any applicable grace period~ and that plaintiff has elected and now elects to declare that the balance of said principal and all accrued and unpaid interest, and late charges, and all sums due and owing pursuant to the terms of the Note and Mortgage, shall be and are immediately due and payable in accordance with the option contained in said Note and Mortgage. 9. That, there is due and owing to the plaintiff on said Note and Mortgage, as of August 23, 2006, the following: Principal Balance Interest from to at 10.99% per year (203 $95.58) Late Charges Escrow Available Funds $ ( ( 317, , ).76) 2

5 , Page 4of /2006 Summ. & comp!. BPO Inspection Fees Other Total $ 336, ; together with interest to grow due thereon at the rate(s) specified in the Note and Mortgage. 10. That, to protect the security afforded by said Mortgage, it may become necessary for the plaintiff to pay taxes, if any, water rates, if any, and assessments, if any, which are or may become liens on the mortgaged Premises, premiums on policies of insurance, receiver's fees and expenses or any other charges; and plaintiff hereby demands that any amounts so expended to the date hereof, or which may be so expended by it hereafter, be added to the amount of the principal sum secured by said Note and Mortgage, together with interest from the time of any. such payment, as provided by the terms of the Note and Mortgage. 11. That, the Note and Mortgage provide in words or substance that the holder thereof, in the event of enforcement of its rights, shall be permitted to collect all costs and disbursements it is not prohibited by law from collecting, including, without limitation, attorney's fees. 12. That, the defendant(s), and each of them, have or claim to have some interest in or lien upon said mortgaged Premises, or some part or parcel theteof, which interest or lien, if any, has accrued subsequent to the lien of the plaintiffs aforesaid Mortgage, and is in all respects subject and subordinate thereto. ' 13. That, the Premises are subject to and must be sold.subject to the following: (i) (ii) (iii) (iv) the state of facts an accurate survey would show; covenants, restrictions, easements, agreements and rights of way, if any, of record prior to the recording of the Mortgage; building and zoning ordinances, and violations, if any; and the right, if any, of the United States of America to redeem subsequent to the date of sale. 14. That, no other action has been brought to recover any part of the mortgage debt, or for foreclosure of said Mortgage, and no such action is now pending. 15. That, the defendant, NYC PARKING VIOLATIONS BUREAU, has been made a party defendant hereto for reason of the following: SEE EXHIBIT C ANNEXED HERETO, and the lien of said defendant in the subject premises, if any, is subject and subordinate ' to the lien of the Mortgage to be foreclosed herein, and said defendant has been made a party hereto for no other reason. WHEREFORE, the plaintiff demands judgment against the defendants, that each and all of the defendants, and all persons claiming under them, subsequent to the commencement of this action in the Office of the Clerk of the County of KINGS, in which said Premises are situated, 3

6 Page 5of11 may be forever barred and foreclosed of all right, title and interest, claim, lien and equity of redemption in the said mortgaged Premises; that said Premises may be decreed to be sold according to law; that the amount due to the plaintiff on the said Note and Mortgage may be adjudged; that the monies arising from the sale may be brought into court; that the plaintiff may be paid therefrom the amount due on said Note and Mortgage, together with interest to the time of such payment, late charges, costs, disbursement, reasonable attorney's fees, and any amount which has been or may be advanced by the plaintiff to protect the security afforded by said Mortgage, with interest from the time of such payment, and the costs and disbursements of this action and the expenses of said sale, so far as the amount of such money properly applicable thereto will pay the same; that the defendant(s), CLAUDE FLEURIMOND, may be adjudged to pay any deficiency which may remain after applying all of said money so applicable thereto; that a receiver of the rents, issues and profits of said Premises be appointed by the court for the benefit and protection of the plaintiff; and that the plaintiff have such other and further relief, or both, in the Premises, as shall be just and equitable. Dated: Mineola, New York August 23, 2006 Thomas P. Solferin Esq. SOLFERINO & SOI.: ERINO, L.L.P. Attorneys for Plaintiff TRIBECA LENDING CORPORATION 15 Roslyn Road Mineola, New York (516) _,.

7 Page 6of11 EXHIBIT "A" (I) Note dated April 22, 2005 made by CLAUDE FLEURIMOND to TRIBECA LENDING CORPORATION in the original principal amount of $318, (the "Note"); (2) Mortgage dated April 22, 2005 made by CLAUDE FLEURIMOND and JULIE BLAIN to TRIBECA LENDING CORPORATION in the original principal amount of $318,500.00, and recorded on December 7, 2005 in the Office of the Register of KINGS County as CRFN (the "Mortgage"). 5