NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff, Index No. -against- MUHAMMAD ALI, CLOVER COMMERCIAL CORP., CRIMINAL COURT OF THE CITY OF NEW YORK, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, UNITED STATES OF AMERICA and "JOHN DOE 1" through "JOHN DOE 10", the names of the last ten defendants being fictitious, intending to designate tenants or persons in possession or persons who may have an interest in the mortgaged premises, the true names of the last 10 defendants being fictitious and unknown to plaintiff, Defendants, Filed: SUMMONS TO THE ABOVE NAMED DEFENDANTS: 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 attorneys within 20 days after the service of this Summons, exclusive of the day of service, or within 30 days after completion of service, where service is made in any other manner than by personal deli very within the state. 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 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 attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be 1 of 15

2 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. Queens County is designated as the place of trial on basis that the mortgage being foreclosed covers property within said County. Dated: June f 2, 2017 MASONE, WHITE, PENKAVA & CRISTOFARI Attorneys for Plaintiff Grand Avenue P. 0. Box Maspeth, NY (718) of 15

3 . HE.LP FOR HOMEOWNERS IN FORECLOSURE... i. N~w York State Law requkes that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger. pf losing your home. If you fail to respond to the summons and complaint in this' threclosure action, you may lose 'your home. Please read the summons afid complaint c arefully. 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 leg~l aid office, there are government ag,encies 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 enti ty near you, you may c~ll the toll-free helpline maintained by the N.ew York State Departm ent of Financial Services at or visit the Department's website at Rights and Obligations YOU ARE NOT REQUIRED TO LEA VE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction purs.uant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure Rescue Scams Be =-careful" -o'f p-eo pie who app1~oaeh.. you -with -affe:rs--rn- ''sav~e" - your i.unrt"e.--there a-re.. individuals who watch f or 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. 3 of 15

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff, Index No. -against- VERIFIED COMPLAINT MUHAMMAD ALI, CLOVER COMMERCIAL CORP., CRIMINAL COURT OF THE CITY OF NEW YORK, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, UNITED STATES OF AMERICA and "JOHN DOE 1" through "JOHN DOE 10", the names of the last ten defendants being fictitious, intending to designate tenants or persons in possession or persons who may have an interest in the mortgaged premises, the true names of the last 10 defendants being fictitious and unknown to plaintiff, Defendants, The plaintiff above named complaining of the defendants by MASONE, WHITE, PENKAVA & CRISTOFARI, its attorneys, respectfully shows and alleges as follows: FIRST: That the plaintiff, MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION, at all times hereinafter mentioned was and still is a banking corporation created under and existing pursuant to the banking laws of the United States of America. SECOND: That on August 27, 2007 to secure to LA JOLLA BANK, FSB the payment of the principal sum of $413, , with interest, MUHAMMAD ALI, executed and delivered to LA JOLLA BANK, 4 of 15

5 FSB, a certain bond or note dated on that day wherein and whereby he acknowledged himself to be indebted to LA JOLLA BANK, FSB in the sum of $413, and that as collateral security for the payment of said indebtedness the said MUHAMMAD ALI on the same day duly acknowledged and delivered to LA JOLLA BANK, FSB a mortgage whereby he mortgaged the premises described in Exhibit A annexed hereto. THIRD: That said mortgage on which the applicable mortgage tax was paid was duly recorded in the off ice of the Register of Queens County on November 13, 2007 under CRFN FOURTH: Said mortgage was assigned by LA JOLLA BANK, FSB to MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION by written assignment of mortgage dated August 27, 2007 and recorded in the office of the Register of Queens County on November 13, 2007 under CRFN FIFTH: That on August 27, 2007 to secure to MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION the payment of the principal sum of $136,750.00, with interest, defendant, MUHAMMAD ALI, duly executed and delivered to MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION a certain bond or note dated on that day wherein and whereby he acknowledged himself to be indebted to plaintiff in the sum of $136, and that as collateral security for the payment of said indebtedness the said MUHAMMAD ALI on the same day duly 5 of 15

6 acknowledged and delivered to MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION a mortgage whereby he mortgaged the premises described in EXHIBIT A annexed hereto. SIXTH: That said mortgage on which the applicable mortgage tax was paid was duly recorded in the off ice of the Register of Queens County on November 13, 2007 under CRFN SEVENTH: That there was a written consolidation agreement between MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION and MUHAMMAD ALI dated August 27, 2007 and recorded on November 13, 2007 in the office of the Register of Queens County under CRFN wherein for good and valuable consideration MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION agreed to and did coordinate, consolidate and extend the mortgages described in paragraphs SECOND and FIFTH so that they constituted one mortgage and joint lien to secure the principal sum of $550, , with interest thereon at the rate of 6.25% per annum, which said sum MUHAMMAD ALI covenanted and agreed to pay to the plaintiff in equal monthly installments of $ 3, each payable on the first day of each and every month after the date thereof, until the aforesaid principal sum and interest thereon and all sums advanced in payment of insurance, taxes, assessments and water rates shall be fully paid and satisfied as in said consolidation agreement provided. 6 of 15

7 EIGHTH: Plaintiff and defendant, MUHAMMAD ALI, entered into a written extension and modification agreement dated November 22, 2010 wherein, the parties for good and valuable consideration did modify the consolidated mortgages described in Paragraph SEVENTH and wherein and whereby said defendant acknowledged himself to be indebted to the plaintiff in the principal sum of $527,390.90, with interest thereon at the rate of 5.25% per annum, which said sum defendant covenanted and agreed to pay to the plaintiff in equal monthly installments of $2, each payable on the first day of each and every month after the date thereof until the aforesaid principal sum and the interest thereon and all sums advanced in payment of insurances, taxes, assessments and water rates shall be fully paid and satisfied as in said bond or note provided. NINTH: That said bonds or notes, mortgages, consolidation agreement and modification agreement contain provisions that should the said monthly installments or dues, or any part thereof at any time remain unpaid for fifteen days or should any tax, assessment or water rate be hereafter imposed, levied or become a lien or charge upon the premises described in said mortgage and become due and payable and remain unpaid for fifteen days it shall be lawful for the obligee and mortgagee to pay such taxes, assessments or water rates and the amounts so paid shall be a lien on said mortgaged premises and added to the amount of the bond or note and payable on demand, and in default of the repayment of any such tax, assessment or water rates on such 7 of 15

8 demand, then and from thenceforth, that is to say, after the lapse of each of said periods, the aforesaid principal sum of the unpaid balance thereof, with all arrearages of interest, fin es and dues shall, at the option of said obligee and mortgagee, its successors or assigns, become and be due and payable immediately thereafter, anything thereinbefore contained to the contrary notwithstanding. TENTH: That the defendant, MUHAMMAD ALI, has failed and refused to comply with the terms, covenants, agreements and conditions contained in said modification agreement in that said defendant has failed to make payments in accordance with the modification agreement, and more than fifteen days have elapsed since the said payments have become due and payable. ELEVENTH: That the plaintiff has elected and does hereby elect to deem the entire principal sum together with interest, secured by said mortgage to be due and payable forthwith. TWELFTH: That there is now justly due and payable to the plaintiff on said bonds or notes, mortgages, consolidation agreement and modification agreement the balance of the principal sum of $499,969.68, with interest from February 1, 2016 at the rate of 5.25% per annum. THIRTEENTH: That no action has been commenced at law or otherwise for the recovery of the said sum secured by said 8 of 15

9 bonds or notes, mortgages, consolidation modification agreement, or any part thereof. agreement and FOURTEENTH: That upon information and belief, the defendant has or claims to have some interest or lien, if any, which has accrued subsequent to the lien of the plaintiff's mortgage, or was made subject or duly subordinate thereto, and is now subject and subordinate thereto. FIFTEENTH: That the plaintiff is now the sole owner and holder of said bonds or notes, mortgages, consolidation agreement and modification agreement. SIXTEENTH: That in order to protect its security, the plaintiff may be compelled, during the pendency of this action, to pay taxes, water rates, and fire insurance premiums affecting the said mortgaged premises, and the plaintiff requests that any sums so paid be added to the amount due to the plaintiff upon the said bonds or notes, mortgages, consolidation modification and be deemed secured thereby. agreement and SEVENTEENTH: That said premises are subject to covenants, restrictions, easements and agreements of record, if any; any state of facts an accurate survey may show; provisions of the zoning ordinance of the municipality in which the premises are located; to violations in any state or municipal department, if any; rights of tenants or persons in possession of the subject 9 of 15

10 premises, if any; sidewalk notices, if any; any equity of redemption of the United States of America to redeem within 12 0 days from the date of sale; and the plaintiff requests that the premises be sold subject thereto. EIGHTEENTH: That the said modification agreement contained the following provision: "The [mortgagee] in any action to foreclose this mortgage, shall be entitled to the appointment of a Receiver, without regard to the adequacy of any security for the debt... ". NINETEENTH: That the said modification agreement contained the further condition that in addition to the minimum monthly payment of principal and interest, payable as aforesaid, the obligor will pay to the obligee, at the time of said monthly payment of principal and interest, one-twelfth of the total annual taxes, water rates, sewer rental tax and fire insurance premiums with extended coverage upon the mortgaged premises as estimated and required by the obligee. TWENTIETH: That the plaintiff shall not be deemed to have waived, altered, released or changed the election hereinafter made by reason of any payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action and any and all future defaults under the aforesaid bonds or notes, mortgages, 10 of 15

11 consolidation agreement and modification agreement occurring prior to the discontinuance of this action are fully paid. TWENTY-FIRST: That any defendant captioned as a corporation is a New York Corporation. TWENTY-SECOND: That defendant, CRIMINAL COURT OF THE CITY OF NEW YORK, is jointed as a necessary party defendant herein in order to bar and foreclose said defendant from any right, title or interest which it may claim in the mortgaged premises by virtue of any possible unpaid judgments, copies of which are annexed hereto as EXHIBIT B, which judgments are subject and subordinate to the lien of the plaintiff's mortgage herein foreclosed, and for no other reason. TWENTY-THIRD: That defendant, NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE, is joined as a necessary party defendant herein in order to bar and foreclose said defendant from any right, title or interest which it may claim in the mortgaged premises by virtue of an unpaid tax warrant, a copy of which is annexed hereto as EXHIBIT C, which tax warrant is subject and subordinate to the lien of the plaintiff's mortgages herein foreclosed, and for no other reason. TWENTY-FOURTH: That defendant, NEW YORK CITY PARKING VIOLATIONS BUREAU, is joined as a necessary party defendant herein in order to bar and foreclose said defendant from any right, title 11 of 15

12 or interest which it may claim in the mortgaged premises by virtue of unpaid parking violations listed in EXHIBIT D annexed hereto, which violations are subject and subordinate to the lien of the plaintiff's mortgage herein foreclosed, and for no other reason. TWENTY-FIFTH: That defendant, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, is joined as a necessary party defendant herein in order to bar and foreclose said defendant from any right, title or interest which it may claim in the mortgaged premises by virtue of unpaid judgments, copies of which are annexed hereto as EXHIBIT E, which judgments are subject and subordinate to the lien of the plaintiff's mortgage herein foreclosed, and for no other reason. TWENTY-SIXTH: That defendant, UNITED STATES OF AMERICA, is made a party defendant in order to bar and foreclose said defendant from any right, title or interest which it may claim in the mortgaged premises by virtue of a federal tax lien listed in EXHIBIT F annexed hereto, which federal tax is subject and subordinate to the lien of the plaintiff's mortgage herein foreclosed and for no other reason. TWENTY-SEVENTH: The subject mortgage is neither a high cost home loan as defined in Banking Law 6-1 nor a subprime home loan as defined in Banking Law 6-m and, accordingly, the allegation required by RPAPL 1302 that plaintiff has complied with all the provisions of Banking Law 595-a, Banking Law of 15

13 and 6-m and RPAPL 1304 is not required herein. TWENTY-EIGHTH: Under the circumstances herein, plaintiff was not required to send the notice required by RPAPL 1304(1) and, accordingly, plaintiff is not required to have filed with the Superintendent of Financial Services the information required by RPAPL WHEREFORE, plaintiff demands judgment that the defendants and each of them and all persons claiming under them subsequent to the commencement of this action, or to the filing of an amended Notice of Pendency thereof may be forever barred and foreclosed of and from all estate, right, title and interest, claim, lien and equity of redemption of, in and to the said mortgaged premises, and each and every part and parcel according to law subject to the matters, items and provisions contained in paragraph SEVENTEENTH herein; that the moneys received from the sale thereof be brought into Court; that the plaintiff be paid the amount due on said bonds or notes, mortgages, consolidation agreement and modification agreement, as hereinbefore set forth, with interest to the time of such payment, any expenses of such sale, together with the costs, allowances and disbursements of this action, and together with any moneys advanced and paid, pursuant to any term or provision of said bonds or notes, mortgages and consolidation agreement set forth in this complaint, or to protect the lien of plaintiff's mortgage, together with the taxes, water charges, insurance, and all other charges and liens 13 of 15

14 thereon to be paid, with interest upon such amounts from the dates of the respective payments and the advances thereof, so far as the amounts of such moneys properly applicable thereto will pay the same; that the defendant, MUHAMMAD ALI, be adjudged to pay any deficiency remaining after application of the moneys aforesaid; that a Receiver be appointed to receive and collect the rents and profits of said premises during the pendency of this action with the usual powers and that the plaintiff have such other, further or different relief in the premises as may be just and equitable. Masone, Esq. MASONE, WHITE, PENKAVA & CRISTOFARI Attorneys for Plaintiff P.O. Box Grand Avenue Maspeth, NY (718) of 15

15 VERIFICATION STATE OF NEW YORK COUNTY OF QUEENS MARGARET A. KASS, being duly sworn deposes and says: That she is the Vice-President of MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION, the plaintiff in the within action; that she has read the foregoing complaint and knows the contents thereof; that the same is true to her own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters she believes it to be true. Deponent further says that the reason this verification is made by deponent and not by plaintiff is because the said plaintiff is a corporation and deponent is an officer thereof, to wit: its Vice-President. Sworn to before me on this t-i~ day of June, 2017 DIANE MAGNO CASTRO Notary Public, State of New York No. 01 MA Qualified in Queens County Commission Exoires March 24, 2019 ~~ )~ - ~±~ 15 of 15