throbber
of the Supreme
`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
`
`RONALD PAYNE, THE HEIRS AT LARGE OF HATTIE
`
`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
`
`whose names and places are unknown to Plaintiff; THE
`HEIRS AT LARGE OF ALFONSO PETTUS, DECEASED,
`
`Index No. 509415/2015
`
`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.
`
`
`The plaintiff herein, by FEIN, SUCH & CRANE, LLP,
`
`its attorneys, complains of the
`
`defendants above named, and for its cause of action, alleges:
`
`FIRST: The plaintiff is a foreign state banking corporation, duly licensed, organized and
`
`existing pursuant to the laws of its state, doing business in the State of New York.
`
`SECOND: Upon information and belief, at all times hereinafter mentioned, the
`
`defendant(s) reside or conduct business at the address set forth in "Schedule A" annexed hereto
`
`lof 35
`
`

`

`FILED: KINGS COUNTY CLERK 083912017 01:49 PM
`NYSCEF DOC. NO. 21
`
`INDEX NO- 50941’5/2015
`RECEIVED NYSCEF: 08/10/2017
`
`(any that are corporations being organized and existing under the laws of the State set forth
`
`therein), and are made defendants in this action in the capacities and for the reasons alleged
`
`therein.
`
`THIRD: That the United States of America, the People of the State of New York, the
`
`State Tax Commission of the State of New York, the Industrial Commissioner of the State of
`
`New York, and all other agencies or instrumentalities of the Federal, State or local government,
`
`however designated, if named as defendants, are made parties solely by reason of the facts set
`
`forth in the annexed "Schedule B."
`
`FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor
`
`and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a
`
`certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
`
`and assigns, jointly and severally, in the amount of said sum, as more fully described in the
`
`annexed "Schedule C," said schedule being a copy of the bond(s) or note(s), or accurate reference
`
`to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of
`
`repayment of said sum and rights of the plaintiff.
`
`FIFTH: Plaintiff is in possession of the Note referenced in paragraph FOURTH prior to
`
`the commencement of this action and is entitled to enforce the Note.
`
`SIXTH: That as security for the payment of said indebtedness, a Reverse Mortgage(s)
`
`was executed as annexed hereto in ”Schedule D," acknowledged and delivered to the stated
`
`Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors
`
`bargained, granted and sold to the mortgagee named therein, its successors and assigns, the
`
`premises more particularly described therein (hereinafter, the "Mortgaged Premises") under
`
`certain conditions with rights, duties and privileges between the parties as described therein.
`
`SEVENTH: The Mortgage is currently held by Plaintiff. A copy of the Assignment is
`
`attached in Schedule “D”. As such, Plaintiff is current beneficiary of the Mortgage securing the
`
`20f 35
`
`

`

`FILED: KINGS COUNTY CLERK 08111201? 01:49 PM
`NYSCEF DOC. NO. 21
`
`INDEX NO- 509415/2015
`RECEIVED NYSCEF: 08/10/2017
`
`Note, the originals of which are in Plaintiffs possession and control, and Plaintiffis otherwise
`
`entitled to enforce the subject Mortgage and Note pursuant to law.
`
`EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due
`
`thereon was duly paid in the County Clerk's Office at the place and time that appears therein.
`
`NINTH: That Plaintiff has complied with all applicable provisions with Banking Law §
`
`595-a and 61 and 6-m if applicable, in securing the aforementioned indebtedness and at all times
`
`thereafter. No RPAPL Section 1304 90 Day Notice was required to be sent as statute specifically
`
`excludes reverse mortgages.
`
`TENTH: That the defendant(s), RONALD PAYNE, have failed to comply with the
`
`conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes,
`
`assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully
`
`described in "Schedule E,” or by failing to occupy the mortgaged premises as the defendant(s)
`
`principal residence.
`
`ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the
`
`mortgage(s) as more than thirty (30) days have elapsed since the date of default.
`
`TWELFTH: That ”Schedule E" sets forth the principal balance due and the date and rate
`
`from which interest accrued and is owing from the defendant(s) default.
`
`THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in
`
`"Schedule E", or may be compelled to pay during the pendency of this action, local taxes, assess-
`
`ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,
`
`and hereby requests that any sums paid by it for said purposes, with interest thereon, be added to
`
`the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the
`
`Mortgaged Premises.
`
`30f 35
`
`

`

`
`IFILED: KINGS QOUNTY CLERK 0871072017 01:49 PMI
`NYSCEF DOC. NO. 21
`
`INDEX NO- 509415/2015
`RECEIVED NYSCEF: 08/10/2017
`
`FOURTEENTH: That the defendants herein have or claim to have some interest in, or
`
`lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued
`
`subsequent to the lien of the plaintiffs mortgage(s).
`
`FIFTEENTH: That the plaintiff is now the true and lawful holder of the said
`
`bond(s)/n0te(s) and is mortgagee of record or has been delegated the authority to institute a
`
`mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there
`
`have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or
`
`mortgage(s) and no such proceedings are currently pending.
`
`SIXTEENTH: That Schedules "A", "B", "C", "D" and "E," be incorporated and made
`
`part of the Complaint with the same force and effect as if they were completely and fully set forth
`
`wherever reference is made to them herein.
`
`SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released
`
`or changed its election herein by reason of any payment after the commencement of this action of
`
`any or all of the defaults mentioned herein and such election shall continue to be effective.
`
`EIGHTEENTH: 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.
`
`WHEREFORE, plaintiff demands judgment adj udging and decreeing the amounts due it
`
`for principal, interest, costs and reasonable attorneys', fees if provided for in the bond(s), note(s)
`
`or mortgage(s), and that the defendants, and any persons claiming by, through or under them
`
`subsequent to the commencement of this action, and every other person or corporation whose
`
`right, title, conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded
`
`4of35
`
`

`

`FILED: KINGS COUNTY CLERK 08:112017 01:49 PM
`NYSCEF DOC. NO. 21
`
`INDEX NO- 509415/2015
`RECEIVED NYSCEF: 08/10/2017
`
`subsequent to the plaintiff‘s interest, be forever barred and foreclosed of all right, claim, lien,
`
`interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises,
`
`or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts
`
`due for principal, interest, costs, allowances and disbursements, together with any monies
`
`advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said b0nd(s),
`
`note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s)
`
`out of the proceeds from the sale thereof, with interest thereon from the respective dates of
`
`payment thereof, costs and expenses of this action and reasonable attorneys' fees, if provided for
`
`in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said
`
`payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this
`
`Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged
`
`Premises with the usual powers and duties associated therewith; and such other or further relief
`
`as may be just and equitable. The plaintiff hereby reserves its right to share in surplus monies
`
`from the sale by virtue of its position as a judgment or other lien creditor, excluding the
`
`mortgage(s) foreclosed herein.
`
`DATED: Februarylx ?, 2017
`
`
`
`_
`
`_
`
`_
`
`_
`
`./
`
`
`[AK/(Ir/I
`
`Ma it K. I. I'Uyles, lisq.
`H". N, SUCH & CRANE. LLP
`
`Attorneys for Plaintiff
`Office and PO. Address
`
`28 East Main Street, Suite 1800
`Rochester, New York 14614
`
`Telephone: (585) 232-7400
`XRMTCO27
`
`50f 35
`
`

`

`FILED: KINGS COUNTY CLERK osmzon 01:49 PM
`NYSCEF DOC. No. 21
`
`INDEX NO- 509415/2015
`RECEIVED NYSCEF: 08/10/2017
`
`
`SCHEDULE"A”-DEFENDANTS
`
`DEFENDANTS
`
`
`CAEAQUX
`
`Ronald Payne
`156 E 46th Street
`Brooklyn, NY 11203
`
`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
`
`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.
`
`Possible Heir to the Estate of Hattie Payne,
`deceased.
`
`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.
`
`Vernelle Manning
`119-14 234th Street
`Cambria Heights, NY 1 141 1
`
`The Heirs at Large of Alfonso Pettus,
`deceased
`
`John and Jane Doe
`
`As possible heir to the Estate of Hattie
`Payne, deceased.
`
`Named in their capacity as possible Heirs
`to the Estate of Alfonso Pettus, deceased.
`
`as possible Heirs to the Estate of Hattie
`Payne, deceased.
`
`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
`
`60f 35
`
`

`

`IFILED: KINGS COUNTY CLERK Oil—201'?r01:49 PM
`
`
`NYSCEF DOC. NO. 21
`
`INDEX NO- 509415/2015
`RECEIVED NYSCEF:
`08/10/2017
`
`SCHEDULE “B”_
`
`Secretary of Housing and Urban
`Development
`451 Seventh Street, SW
`
`Washington, DC 20410
`
`Subordinate Mmtgagee by virtue of
`Mortgage recorded on December 30, 2010,
`in CRFN 2010000435673.
`
`City of New York
`Department of Transportation
`Parking Violat

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket