`At an Ex Parte
`Court held in and 101‘ the County of
`KINGS, State ofNew York
`on the __ day of
`
`, 2017.
`
`PRESENT: HON.
`
`
`
`J.S.C.
`
`STATE OF NEW YORK
`
`SUPREME COURT
`COUNTY OF KINGS
`
`
`REVERSE MORTGAGE SOLUTIONS, INC,
`
`-VS-
`
`Plaintiff,
`
`ORDER TO EXTEND
`
`TIME FOR PUBLICATION
`
`RONALD PAYNE, THE HEIRS AT LARGE OF HATTIE
`
`PAYNE, DECEASED, and all persons who are husbands,
`widows, grantees, mortgagees, lienors, heirs, devisees,
`distributees, successors in interest of such of them as may
`be dead, and their husbands and wives, heirs, devisees,
`distributees and successors of interest of all of whom and
`
`t
`~
`Index No. 509415/2015
`
`whose names and places are unknown to Plaintiff; THE
`HEIRS AT LARGE OF ALFONSO PETTUS, DECEASED,
`
`and all persons who are husbands, widows, grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest of such
`
`of them as may be dead, and their husbands and wives, heirs,
`devisees, distributees and successors of interest of all of whom
`
`and whose names and places are unknown to Plaintiff;
`VERNELLE MANNING; SECRETARY OF HOUSING AND URBAN
`
`DEVELOPMENT; CITY OF NEW YORK
`DEPARTMENT OF TRANSPORTATION PARKING
`
`VIOLATIONS BUREAU; UNITED STATES OF AMERICA; NEW
`
`YORK STATE DEPARTMENT OF TAXATION AND FINANCE;
`"JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`
`
`
`Plaintiff, by its attorneys, Fein, Such & Crane, LLP, Mark K. Broyles, Esq., of counsel,
`
`having duly moved for an Order extending the time to serve Defendant(s) pursuant to CPLR 306-
`
`b and on the filing of the Affirmation by Mark K. Broyles, Esq., in support thereof, dated
`
`September
`
`
`
`, 2017, and having due deliberation thereon,
`
`NOW, on motion of Fein, Such & Crane, LLP, attorneys for Plaintiff, it is
`
`ORDERED, that the motion is granted, and it is further,
`
`ORDERED,
`
`that
`
`the 30-day time period in which to begin publication of the
`
`supplemental summons be extended to allow the plaintiff to complete publication upon the
`
`supplemental summons and amended complaint with 30 days to commence upon entry of this
`
`order.
`
`Dated:
`
`ENTER,
`
`
`
`HON.
`
`Supreme Court Justice
`
`
`
`STATE OF NEW YORK
`
`COUNTY OF KINGS
`SUPREME COURT
`
`
`REVERSE MORTGAGE SOLUTIONS, INC.,
`
`Plaintiff,
`
`ATTORNEY
`
`AFFIRMATION
`
`-Vs-
`
`RONALD PAYNE, THE HEIRS AT LARGE OF HATTIE
`
`PAYNE, DECEASED, and all persons who are husbands,
`widows, grantees, mortgagees, lienors, heirs, devisees,
`distributees, successors in interest of such of them as may
`be dead, and their husbands and wives, heirs, devisees,
`distributees and successors of interest of all of whom and
`
`Index No. 509415/2015
`
`whose names and places are unknown to Plaintiff; THE
`HEIRS AT LARGE OF ALFONSO PETTUS, DECEASED,
`
`and all persons who are husbands, widows, grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest of such
`
`of them as may be dead, and their husbands and wives, heirs,
`devisees, distributees and successors of interest of all of whom
`and whose names and places are unknown to Plaintiff;
`VERNELLE MANNING; SECRETARY OF HOUSING AND URBAN
`
`DEVELOPMENT; CITY OF NEW YORK
`DEPARTMENT OF TRANSPORTATION PARKING
`
`VIOLATIONS BUREAU; UNITED STATES OF AMERICA; NEW
`
`YORK STATE DEPARTMENT OF TAXATION AND FINANCE;
`"JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`
`Mark K. Broyles, an attorney duly admitted to practice law in the State of New York,
`
`affirms the following to be true under the penalties of perjury:
`
`1)
`
`I am one of the attorneys for Plaintiff in the above-captioned action and I am fully
`
`familiar with the facts and circumstances herein.
`
`
`
`2)
`
`This Affirmation is submitted in support of Plaintiff s instant Motion to Extend
`
`the Time for Publication pursuant to CPLR § 31g.
`
`3)
`
`This action was commenced with the filing of a Summons and Complaint on July
`
`31, 2015. That the Supplemental Summons and Amended Complaint were filed on August 10,
`
`2017. To date, publication of the supplemental summons and amended complaint has not been
`
`effected. A copy of the Supplemental Summons and Amended Complaint are attached hereto as
`
`Exhibit “A”.
`
`4)
`
`Order for Service by Publication was granted on June 28, 2017. The Order for
`
`Service by Publication was entered in KINGS County Clerk’s Office on July 24, 2017. To date,
`
`publication has not commenced. The 30-day time period in which to being publication has
`
`elapsed. A copy of the Order for Service by Publication is attached hereto as Exhibit “B”.
`
`5)
`
`Due to the extensive cost of publication, pre-approval was needed from the
`
`Plaintiff in order for Plaintiffs attorney to commence publication.
`
`6)
`
`7)
`
`Additional fees were requested from the Plaintiff on August 14, 2017.
`
`Said fees were approved on September 6, 2017, allowing Plaintiffs attorney to
`
`begin publication.
`
`8)
`
`Based on the foregoing, Plaintiff has respectfully submitted good cause why the
`
`Court should extend the time for service in this action.
`
`9)
`
`That an additional leave is also sought to extend the 30-day time period from the
`
`date of entry of this order to proceed with publication of the supplemental summons and
`
`amended complaint under CPLR §316-c for a sufficient period of time to effectuate publication.
`
`
`
`WHEREFORE, Plaintiff respectfully requests an Order of this Court: (1) granting its
`
`Motion to Extend the Time for Publication; (2) extending the time for publication until 30 days
`
`from the entry of this Order; and (3) directing Defendant to interpose an Answer within twenty
`
`days of the Court’s Order.
`
`Dated: SeptemberI—%0l 7
`
`
`
`
`Mar
`
`
`. myles, Esq.
`, SUCH & CRANE, LLP
`
`Attorneys for Plaintiff
`28 East Main Street
`
`Suitel 800 First Federal Plaza
`
`Rochester, New York 14614
`
`Telephone No. (5 85)232-7400
`XRMTC027
`
`
`
`Mark K. Broyles, an attorney duly licensed to practice in the State of New York, and an associate
`with the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or
`documents:
`
`NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
`
`NOTICE OF APPEARANCE & WAIVER IN MORTGAGE FORECLOSURE
`
`AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED
`
`SUPPLEMENTAL AFFIRMATION (AFFIRMATION OF TENANCY)
`
`X
`
`AFFIRMATION IN SUPPORT OF ORDER TO EXTEND TIME FOR PUBLICATION
`
`AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
`
`AFFIDAVIT OF MERIT
`
`AFFIDAVITS OF SERVICE
`
`NOTICE OF PENDENCY OF ACTION
`
`SUMMONS
`
`COMPLAINT
`
`REPLY
`
`AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
`
`REFEREE’S OATH & REPORT OF AMOUNT DUE
`
`REFEREE’S REPORT OF SALE
`
`AFFIDAVIT IN SUPPORT OF THE ORDER SUB STITUTING THE REFEREE
`
`NOTICE OF FORECLOSURE & SALE
`
`MEMORANDUM & TERMS OF SALE
`
`ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
`
`ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
`
`ORDER CONFIRMING REFEREE’S REPORT OF SALE
`
`AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT
`
`FORBEARANCE AGREEMENT
`
`ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY PUBLICATION
`
`ATTORNEY AFFIRMATION OF REGULARITY IN SUPPORT OF JUDGMENT OF
`FORECLOSURE & SALE
`
`formed after an inquiry reasonable under the
`information and belief,
`to his knowledge,
`that
`circumstances, the presentation of the paper or contentions therein are not frivolous as defined in
`subsection (C) of section 130-1.l of the Rules of the Chief Administn
`1' [22NYCRR l30—1.1 (C)].
`
`Dated: September/ 2,2017
`
`
`
`Mark—Ail. Broyles, Esq.
`
`
`
`
`
`
`
`FILED: KINGS COUNTY CLERK 03m2017 01:49 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO.
`
`RECEIVED NYSCEF:
`
`509415/2015
`
`08/10/2017
`
`STATE OF NEW YORK
`
`SUPREME COURT
`
`COUNTY OF KINGS
`
`REVERSE MORTGAGE SOLUTIONS, INC,
`
`Plaintiff,
`
`vs
`
`AMENDED
`NOTICE OF
`
`PENDENCY
`
`OF ACTION
`
`RONALD PAYNE, THE HEIRS AT LARGE OF HATTIE
`
`PAYNE, DECEASED, and all persons who are husbands,
`widows, grantees, mortgagees, lienors, heirs, devisees,
`distributees, successors in interest of such of them as may
`be dead, and their husbands and wives, heirs, devisees,
`distributees and successors of interest of all of whom and
`
`Index No. 509415/2015
`
`whose names and places are unknown to Plaintiff; THE
`HEIRS AT LARGE OF ALFONSO PETTUS, DECEASED,
`
`and all persons who are husbands, widows, grantees, mortga gees,
`lienors, heirs, devisees, distributees, successors in interest of such
`
`of them as may be dead, and their husbands and wives, heirs,
`devisees, distributees and successors of interest of all of whom
`
`and whose names and places are unknown to Plaintiff;
`VERNELLE MANNING; SECRETARY OF HOUSING AND URBAN
`
`DEVELOPMENT; CITY OF NEW YORK
`DEPARTMENT OF TRANSPORTATION PARKING
`
`VIOLATIONS BUREAU; UNITED STATES OF AMERICA; NEW
`
`YORK STATE DEPARTMENT OF TAXATION AND FINANCE;
`"JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`Defendants.
`
`
`NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending
`
`in the Supreme Court of KINGS County upon the Complaint of the above plaintiff against the
`
`above named defendant(s) for the foreclosure of a reverse mortgage bearing the date December
`
`8,
`
`2010, executed by RONALD PAYNE, to secure the sum of$465,000.00 and recorded in CRFN
`
`l of 4
`
`
`
`FILED: KINGS COUNTY CLERK US$201? 01:49 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO- 509415/2015
`RECEIVED NYSCEF: 08/10/2017
`
`2010000435672, in the Office ofthe Clerk ofthe County of KINGS on December 30, 2010, said
`
`reverse mortgage was then assigned by Genworth Financial Home Equity Access, Inc., to
`
`Reverse Mortgage Solutions by virtue of an Assignment of Mortgage that was recorded on June
`
`8, 2011, in CRFN 201 1000203372, said reverse mortgage was further assigned to Plaintiff by
`
`virtue of a Corrective Assignment of Mortgage to Plaintiff, to revise the Assignee of the
`
`Assignment recorded in CRFN 2011000203372, executed June 19, 2015, and was recorded in the
`
`Office of the Clerk of the County of KINGS on September 10, 2015 in CRFN 2015000318094.
`
`AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such
`
`moltgage(s) affected by the said foreclosure action, were, at the time of the commencement of
`
`this action, and at the time of the filing of this Notice, situated in the County of KINGS and State
`
`of New York, and are described in "Schedule A - Legal Description" attached hereto and made a
`
`part hereof.
`
`That this action is being amended to include Vernelle Manning and Ronald Payne as a
`
`possible heirs to the Estate of Hattie Payne, deceased. That this action is also being amended to
`
`include the Heirs at Large of Alfonso Payne, deceased, as possible Heirs to the Estate of Hattie
`
`Payne, deceased. These pleadings are also being amended to include United States of America
`
`and New York State Department of Taxation and Finance.
`
`The Clerk of the County of KINGS, is directed to index this Notice against the names of
`
`all the defendant(s).
`
`/
`
`DATED: February2i, 2017
`
`_
`
`I- If]
`
`
`
`é ffz”;/‘:7_ _
`' K. ili'oylcs. Esq.
`, SUCH & CRANE, LLP
`
`'
`
`Attorneys for Plaintiff
`Office and PO. Address
`
`28 East Main Street, Suite 1800
`
`Rochester, New York 14614
`
`Telephone No. (585)232—7400
`XRM'I‘C027
`
`Property Address: 156 E 46TH STREET, BROOKLYN, NY 1 1203
`Tax Map/Parcel ID No.: Block: 4825 Lot: 38 of the BOROUGH ofBROOKLYN, NY 11203
`20f4
`
`
`
`FILED: KINGS COUNTY CLERK 08 10 2017 01:49 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO- 509415/‘2015
`1
`RECEIVED NYSCEF: 08/10/2017
`
`SCHEDULE "A" LEGAL DESCRIPTION
`
`ALL that ‘certain plot, piece or parcel of land, situate lying and being in the Borough of
`
`Brooklyn, County of Kings, City and State of New York, bounded and described as
`follows;
`
`BEGIN N ING at a point on the westerly side of East461" Street, distant 81 feet. northerly
`from the corner fanned by the intersection of the westerly side of East 46'“ Street with the
`
`northerly side of Winthrop Street:
`
`RUNNING Tl'lESNCE westerly parallel with Winthrop Street and pm [101“ the distance
`thmugh a party wall, 100 feet;
`
`’ITI-IuNrth' northerly parallel, with tease 46‘“ Street, 20 feet;
`
`THENCE easterly parallel with Winthrop Street and part of the distance through a party
`wall, 100 feet to the westerly side of East 46'h Street;
`
`THENCE scutherly along the westerly side of East 46"” Street, 20 feet to the point or place
`ofBEGl'N LYING
`
`3of4
`
`
`
`FILED: KINGS COUNTY CLERK 08m2017 01:49 P
`NYSCEF DOC. NO. 22
`
`INDEX NO' 509415/2015
`RECEIVED NYSCEF:
`08/10/2017
`
`|:'.‘~i( J... an attorney duly licensed to practice in the State ofNew York, and a
`MA R1”; K. ”ROY? .I3ZS.
`partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/0r
`documents:
`
`NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
`NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
`AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN
`FILED
`
`SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
`AFFIDAVITS IN SUPPORT OF THE MORTION FOR SUMMARY JUDGMENT
`AFFIDAVITS OF SERVICE
`NOTICE OF PENDENCY OF ACTION
`SUMMONS
`COMPLAINT
`AMENDED NOTICE OF PENDENCY OF ACTION
`SUPPLEMENTAL SUMMONS
`AMENDED COMPLAINT
`ANSWER
`
`AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
`REFEREE’S OATH & REPORT OF AMOUNT DUE
`REFEREE’S REPORT OF SALE
`STIPULATION TO CANCEL LIS PENDENS
`
`AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
`MEMORANDUM & TERMS OF SALE
`
`ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE &
`SALE
`
`ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE &
`SALE
`
`ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF
`FORECLOSURE
`'
`
`AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
`AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY
`JUDGMENT
`FOREBEARANCE AGREEMENT
`ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY
`PUBLICATION
`ATTORNEY AFFIRMATION OF REGULARITY
`
`that to his knowledge, information and belief, formed after an inquiry reasonable under the
`circumstances, the presentation of the paper or contentions therein are not frivolous as defined in
`subsection © of section 130-1.] of the Rules of the Chief Administrator [22NYCRR 130-].1 ©].
`4'
`
`Dated
`
`I-
`
`
`g; V/ZI
`
`
`' m1 K. Iii-nylcg
`
`4 of 4
`
`
`
`FILED: KINGS COUNTY CLERK 08m2017 01:49 PM
`NYSCEF DOC. NO. 20
`
`INDEX NO' 509415/2015
`
`RECEIVED NYSCEF: 08/10/2017
`
`STATE OF NEW YORK
`
`SUPREME COURT
`
`COUNTY OF KINGS
`
`REVERSE MORTGAGE SOLUTIONS, INC,
`
`_VS_
`
`Plaintiff,
`
`SUPPLEMENTAL
`SUMMONS
`
`RONALD PAYNE, THE HEIRS AT LARGE OF HATTIE
`
`PAYNE, DECEASED, and all persons who are husbands,
`widows, grantees, mortgagees, lienors, heirs, devisees,
`distributees, successors in interest of such of them as may
`be dead, and their husbands and wives, heirs, devisees,
`distributees and successors of interest of all of whom and
`
`Index No. 509415/2015
`
`whose names and places are unknown to Plaintiff; THE
`HEIRS AT LARGE OF ALF ONSO PETTU S, DECEASED,
`
`and all persons who are husbands, widows, grantees, mortgagees,
`Iienors, heirs, devisees, distributees, successors in interest of such
`
`of them as may be dead, and their husbands and wives, heirs,
`devisees, distributees and successors of interest of all of whom
`
`and whose names and places are unknown to Plaintiff;
`VERNELLE MANNING; SECRETARY OF HOUSING AND URBAN
`DEVELOPMENT; CITY OF NEW YORK
`DEPARTMENT OF TRANSPORTATION PARKING
`
`VIOLATIONS BUREAU; UNITED STATES OF AMERICA; NEW
`
`YORK STATE DEPARTMENT OF TAXATION AND FINANCE;
`"JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`Mortgaged Premises:
`156 E 46TH STREET
`
`BROOKLYN, NY 11203
`
`TO THE ABOVE NAMED DEFENDANT(S):
`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 of the
`service of this Summons, exclusive of the day of service, or within thirty (30) days after service
`of the same is complete where service is made in any manner other than by personal delivery
`within the State. The United States of America, if designated as a defendant in this action, may
`
`lof4
`
`
`
`
`IFILED: KINGS COUNTY CLERK 0821072017 01:49 PM]
`20
`NYSCEF DOC. NO.
`
`INDEX NO-
`RECEIVED NYSCEF:
`
`5
`
`09415/2015
`
`08/10/2017
`
`answer or appear within sixty (60) days of service. Your failure to appear or to answer will result
`in a judgment against you by default for the relief demanded in the Complaint.
`In the event that a
`deficiency balance remains from the sale proceeds, a judgment may be entered against you,
`unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be
`just and equitable.
`
`YOU ARE IN DANGER OF LOSING YOUR HOME
`
`NOTICE
`
`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 court, a default judgment may be
`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.
`
`That this action is being amended to include Vernelle Manning and Ronald Payne as a
`possible heir to the Estate of Hattie Payne, deceased. That this action is also being amended to
`include the Heirs at Large of Alfonso Payne, deceased, as possible Heirs to the Estate of Hattie
`Payne, deceased. These pleadings are also being amended to include the United States of
`America and New York State Department of Taxation and Finance.
`
`KINGS County1s designated as the place of trial. The basis of venue is the location of
`the mongaged premises
`
`Dated: Februaryg:Z 2017
`
`,%xf‘//1 sq.
`
`M k K Bloyltx.
`FEIN, SUCH& CRANE, LLP
`
`Attorneys for Plaintiff
`Office and PO. Address
`
`28 East Main Street, Suite 1800
`Rochester, New York 14614
`
`Telephone No. (585) 232-7400
`XRMTC027
`
`Block:
`
`4825
`
`Lot: 38
`
`20f4
`
`
`
`
`
`IFILED: KINGS COUNTY CLERK 08g1022017 01:49 PM
`NYSCEF DOC. NO. 20
`
`INDEX No- 509415720155
`RECEIVED NYSCEF: 08/10/2017
`
`NATURE AND OBJECT OF ACTION
`
`The object of the above action is to foreclose a reverse mortgage held by the Plaintiff
`recorded in the County of KINGS, State of New York as more particularly described in the
`Complaint herein.
`
`TO THE DEFENDANT, RONALD PAYNE, the plaintiff makes no personal claim
`against you in this action.
`
`3of4
`
`
`
`
`[FILED: KINGS COUNTY CLERK 0871072017 01:49 PMI
`NYSCEF DOC. NO. 20
`
`INDEX NO- 509415/2015
`RECEIVED NYSCEF:
`08/10/2017
`
`[£[t{_._'!)ftgl_i_5_: ESQ... an attorney duly licensed to practice in the State ofNew York, and a
`MAR Ii IQ.
`partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or
`documents:
`
`NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
`NOTICE OF APPEARANCE AND WAIVER 1N MORTGAGE FORECLOSURE
`AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN
`FILED
`
`SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
`AFFIDAVITS IN SUPPORT OF THE MORTION FOR SUMMARY JUDGMENT
`AFFIDAVITS OF SERVICE
`NOTICE OF PENDENCY OF ACTION
`SUMMONS
`COMPLAINT
`AMENDED NOTICE OF PENDENCY OF ACTION
`SUPPLEMENTAL SUMMONS
`AMENDED COMPLAINT
`ANSWER
`AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
`REFEREE’S OATH & REPORT OF AMOUNT DUE
`REFEREE’S REPORT OF SALE
`STIPULATION TO CANCEL LIS PENDENS
`AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
`MEMORANDUM & TERMS OF SALE
`ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE &
`SALE
`
`ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE &
`SALE
`
`ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF
`FORECLOSURE
`
`AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
`AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY
`JUDGMENT
`FOREBEARANCE AGREEMENT
`ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY
`PUBLICATION
`ATTORNEY AFFIRMATION OF REGULARITY
`
`that to his knowledge, information and belief, formed after an inquiry reasonable under the
`circumstances, the presentation of the paper or contentions therein are not frivolous as defined in
`subsection © of section l30—l.1 of the Rules of the Chief Administrator [22NYCRR 130-1.] ©].
`
`February 2"? , 2017
`Dated
`
`
`M n‘lt _K—.Bruyles, Esq.
`
`
`
`4 of 4
`
`
`
`lFILED: KINGS COUNTY CLERK 08—201701:49 PM
`NYSCEF DOC. NO. 21
`
`INDEX NO- 509415/2015
`RECEIVED NYSCEF: 08/10/2017
`
`STATE OF NEW YORK
`
`SUPREME COURT
`
`COUNTY OF KINGS
`
`REVERSE MOR’I‘GAGE SOLUTIONS, 1130,
`
`-Vs-
`
`Plaintiff,
`
`AMENDED
`COMPLAINT
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`RONALD PAYNE, THE HEIRS AT LARGE OF HATTIE
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`PAYNE, DECEASED, and all persons who are husbands,
`widows, grantees, mortgagees, lienors, heirs, devisees,
`distributces, successors in interest of such of them as may
`be dead, and their husbands and wives, heirs, devisees,
`distributees and successors of interest of all of whom and
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`whose names and places are unknown to Plaintiff; THE
`HEIRS AT LARGE OF ALFONSO PETTUS, DECEASED,
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`Index No. 509415/2015
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`and all persons who are husbands, widows, grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest of such
`of them as may be dead, and their husbands and wives, heirs,
`devisees, distributees and successors of interest of all of whom
`and whose names and places are unknown to Plaintiff;
`VERNELLE MANNING; SECRETARY OF HOUSING AND URBAN
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`DEVELOPMENT; CITY OF NEW YORK
`DEPARTMENT OF TRANSPORTATION PARKING
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`VIOLATIONS BUREAU; UNITED STATES OF AMERICA; NEW
`YORK STATE DEPARTMENT OF TAXATION AND FINANCE;
`"JOHN DOE" AND “JANE DOE" said
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`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
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`Defendants.
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`The plaintiff herein, by FEIN, SUCH & CRANE, LLP,
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`its attorneys, complains of the
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`defendants above named, and for its cause of action, alleges:
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`FIRST: The plaintiff is a foreign state banking corporation, duly licensed, organized and
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`existing pursuant to the laws of its state, doing business in the State of New York.
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`SECOND: Upon information and belief, at all times hereinafter mentioned, the
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`defendant(s) reside or conduct business at the address set forth in "Schedule A" annexed hereto
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`(any that are corporations being organized and existing under the laws of the State set forth
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`therein), and are made defendants in this action in the capacities and for the reasons alleged
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`therein.
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`THIRD: That the United States of America, the People of the State of New York, the
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`State Tax Commission of the State of New York, the Industrial Commissioner of the State of
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`New York, and all other agencies or instrumentalities of the Federal, State or local government,
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`however designated, if named as defendants, are made parties solely by reason of the facts set
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`forth in the annexed "Schedule B."
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`FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor
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`and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a
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`certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
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`and assigns, jointly and severally, in the amount of said sum, as more fully described in the
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`annexed "Schedule C," said schedule being a copy of the bond(s) or note(s), or accurate reference
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`to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of
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`repayment of said sum and rights of the plaintiff.
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`FIFTH: Plaintiff is in possession of the Note referenced in paragraph FOURTH prior to
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`the commencement of this action and is entitled to enforce the Note.
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`SIXTH: That as security for the payment of said indebtedness, a Reverse Mortgage(s)
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`was executed as annexed hereto in ”Schedule D," acknowledged and delivered to the stated
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`Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors
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`bargained, granted and sold to the mortgagee named therein, its successors and assigns, the
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`premises more particularly described therein (hereinafter, the "Mortgaged Premises") under
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`certain conditions with rights, duties and privileges between the parties as described therein.
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`SEVENTH: The Mortgage is currently held by Plaintiff. A copy of the Assignment is
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`attached in Schedule “D”. As such, Plaintiff is current beneficiary of the Mortgage securing the
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`Note, the originals of which are in Plaintiffs possession and control, and Plaintiffis otherwise
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`entitled to enforce the subject Mortgage and Note pursuant to law.
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`EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due
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`thereon was duly paid in the County Clerk's Office at the place and time that appears therein.
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`NINTH: That Plaintiff has complied with all applicable provisions with Banking Law §
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`595-a and 61 and 6-m if applicable, in securing the aforementioned indebtedness and at all times
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`thereafter. No RPAPL Section 1304 90 Day Notice was required to be sent as statute specifically
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`excludes reverse mortgages.
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`TENTH: That the defendant(s), RONALD PAYNE, have failed to comply with the
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`conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes,
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`assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully
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`described in "Schedule E,” or by failing to occupy the mortgaged premises as the defendant(s)
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`principal residence.
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`ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the
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`mortgage(s) as more than thirty (30) days have elapsed since the date of default.
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`TWELFTH: That ”Schedule E" sets forth the principal balance due and the date and rate
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`from which interest accrued and is owing from the defendant(s) default.
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`THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in
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`"Schedule E", or may be compelled to pay during the pendency of this action, local taxes, assess-
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`ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,
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`and hereby requests that any sums paid by it for said purposes, with interest thereon, be added to
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`the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the
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`Mortgaged Premises.
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`FOURTEENTH: That the defendants herein have or claim to have some interest in, or
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`lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued
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`subsequent to the lien of the plaintiffs mortgage(s).
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`FIFTEENTH: That the plaintiff is now the true and lawful holder of the said
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`bond(s)/n0te(s) and is mortgagee of record or has been delegated the authority to institute a
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`mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there
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`have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or
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`mortgage(s) and no such proceedings are currently pending.
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`SIXTEENTH: That Schedules "A", "B", "C", "D" and "E," be incorporated and made
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`part of the Complaint with the same force and effect as if they were completely and fully set forth
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`wherever reference is made to them herein.
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`SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released
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`or changed its election herein by reason of any payment after the commencement of this action of
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`any or all of the defaults mentioned herein and such election shall continue to be effective.
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`EIGHTEENTH: That this action is being amended to include Vernelle Manning and
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`Ronald Payne as a possible heir to the Estate of Hattie Payne, deceased. That this action is also
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`being amended to include the Heirs at Large of Alfonso Payne, deceased, as possible Heirs to the
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`Estate of Hattie Payne, deceased. These pleadings are also being amended to include the United
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`States of America and New York State Department of Taxation and Finance.
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`WHEREFORE, plaintiff demands judgment adj udging and decreeing the amounts due it
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`for principal, interest, costs and reasonable attorneys', fees if provided for in the bond(s), note(s)
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`or mortgage(s), and that the defendants, and any persons claiming by, through or under them
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`subsequent to the commencement of this action, and every other person or corporation whose
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`right, title, conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded
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`subsequent to the plaintiff‘s interest, be forever barred and foreclosed of all right, claim, lien,
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`interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises,
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`or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts
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`due for principal, interest, costs, allowances and disbursements, together with any monies
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`advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said b0nd(s),
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`note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s)
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`out of the proceeds from the sale thereof, with interest thereon from the respective dates of
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`payment thereof, costs and expenses of this action and reasonable attorneys' fees, if provided for
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`in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said
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`payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this
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`Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged
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`Premises with the usual powers and duties associated therewith; and such other or further relief
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`as may be just and equitable. The plaintiff hereby reserves its right to share in surplus monies
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`from the sale by virtue of its position as a judgment or other lien creditor, excluding the
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`mortgage(s) foreclosed herein.
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`DATED: Februarylx ?, 2017
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`_
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`_
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`_
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`_
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`./
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`[AK/(Ir/I
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`Ma it K. I. I'Uyles, lisq.
`H". N, SUCH & CRANE. LLP
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`Attorneys for Plaintiff
`Office and PO. Address
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`28 East Main Street, Suite 1800
`Rochester, New York 14614
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`Telephone: (585) 232-7400
`XRMTCO27
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`50f 35
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`SCHEDULE"A”-DEFENDANTS
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`DEFENDANTS
`
`
`CAEAQUX
`
`Ronald Payne
`156 E 46th Street
`Brooklyn, NY 11203
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`Record Owner and original obligor by virtue of
`the Note/Bond secured by the Reverse Mortgage
`recorded on December 30, 2010, in CRFN
`2010000435672, said reverse mortgage was then
`assigned by Genworth Financial Home Equity
`Access, Inc, to Reverse Mortgage Solutions by
`virtue of an Assignment of Mortgage that was
`recorded on June 8, 201 1, in CRFN
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`2011000203372, said reverse mortgage was
`further assigned to Plaintiff by virtue of a
`Corrective Assignment of Mortgage to Plaintiff,
`to revise the Assignee of the Assignment recorded
`in CRFN 2011000203372, executed June 19,
`2015, and will be recorded prior to the entry of
`judgment in the Office of the Clerk of the County
`of KINGS.
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`Possible Heir to the Estate of Hattie Payne,
`deceased.
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`The Heirs at Large of Hattie Payne, deceased Named in their capacity as possible Heirs
`156 E 46th Street
`to the Estate of Hattie Payne, deceased,
`Brooklyn, NY 11203
`Prior Owner by virtue of the Deed recorded
`on March 27, 1969, in Reel 323, at Page
`504.
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`Vernelle Manning
`119-14 234th Street
`Cambria Heights, NY 1 141 1
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`The Heirs at Large of Alfonso Pettus,
`deceased
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`John and Jane Doe
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`As possible heir to the Estate of Hattie
`Payne, deceased.
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`Named in their capacity as possible Heirs
`to the Estate of Alfonso Pettus, deceased.
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`as possible Heirs to the Estate of Hattie
`Payne, deceased.
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`Said names being fictitious, it being the
`intention of Plaintiff to designate any and
`all occupants, tenants, persons or
`corporations, if any, having or claiming an
`interest in or lien upon the premises, being
`foreclosed herein
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`SCHEDULE “B”_
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`Secretary of Housing and Urban
`Development
`451 Seventh Street, SW
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`Washington, DC 20410
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`Subordinate Mmtgagee by virtue of
`Mortgage recorded on December 30, 2010,
`in CRFN 2010000435673.
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`City of New York
`Department of Transportation
`Parking Violat