`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`---------------------------------------------------------------------X
`KHADIZA KHANAM,
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` Plaintiff,
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`- - against - -
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`BANK OF AMERICA, NATIONAL ASSOCIATION
`SUCCESSOR BY MERGER TO LASALLE BANK,
`NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
`MLMI TRUST SERIES
`2006-FM1;
`JOHANNY
`RODRIGUEZ; NANCY PENARANDA CORTEZ; and
`"JOHN DOE #1" through "JOHN DOE #10," the last ten
`names being fictitious and unknown to the plaintiff intended
`as persons occupying the premises described in the
`Complaint, and/or persons or entities having some claim or
`interest in the premises described in the Complaint,
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` Defendant(s).
`---------------------------------------------------------------------X
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`To the Above-Named Defendant(s):
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`Index №
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`SUMMONS
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`Plaintiff designates Queens
`County as the place of trial.
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`The basis of venue is:
`Location of the Premises
`described herein
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`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
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`copy of your answer on the Plaintiff’s attorneys within twenty (20) days after the service of
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`this summons, exclusive of the day of service of this summons, or within thirty (30) days
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`after service of this summons is complete if this summons is not personally delivered to you
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`within the State of New York.
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`In case of your failure to answer this summons, a judgment by default will be taken against
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`you for the relief demanded in the complaint, together with the costs of this action.
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`Dated:
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`Jericho, New York
`March 15, 2023
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`FADULLON DIZON KRUL, LLP
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`________________________
`By: Juan Paolo F. Dizon, Esq.
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`1
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`1 of 9
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`Summons
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`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`380 North Broadway, Suite 408
`Jericho, New York 11753
`(347) 757-4131
`jp@fdk-law.com
`Attorneys for plaintiff Khadiza Khanam
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`To:
`
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`Bank of America, National Association,
`as successor by merger to LaSalle Bank,
`National Association, as Trustee for the
`MLMI Trust Series 2006-FM1
`
`100 North Tryon Street
`Charlotte, North Carolina 28255
`Defendant
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`Nancy Penaranda Cortez
`108-18 34th Avenue, 1st Floor
`Corona, New York 11368
`Defendant
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`Johanny Rodriguez
`108-18 34th Avenue, 2nd Floor
`Corona, New York 11368
`Defendant
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`2
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`2 of 9
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`Summons
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`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`---------------------------------------------------------------------X
`KHADIZA KHANAM,
`
` Plaintiff,
`
`- - against - -
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`Index №
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`VERIFIED COMPLAINT
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`BANK OF AMERICA, NATIONAL ASSOCIATION
`SUCCESSOR BY MERGER TO LASALLE BANK,
`NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
`MLMI TRUST SERIES
`2006-FM1;
`JOHANNY
`RODRIGUEZ; NANCY PENARANDA CORTEZ; and
`"JOHN DOE #1" through "JOHN DOE #10," the last ten
`names being fictitious and unknown to the plaintiff intended
`as persons occupying the premises described in the
`Complaint, and/or persons or entities having some claim or
`interest in the premises described in the Complaint,
`
` Defendant(s).
`---------------------------------------------------------------------X
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`Khadiza Khanam (Plaintiff), by her attorneys, Fadullon Dizon Krul, LLP, and as for her
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`complaint respectfully alleges as follows, upon knowledge as to herself and her conduct, and
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`upon personal knowledge as to the acts and omissions of the Defendant(s) in all other matters:
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`PRELIMINARY STATEMENT
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`1.
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`Plaintiff brings this action, pursuant to RPAPL 1501 (4), to compel a determination of
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`claims to the real property located at and more commonly known 108-18 34th Avenue, Corona,
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`New York 11368, Block No. 01750, Lot No. 0011 (Premises), more particularly described in
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`the deed incorporated herein and annexed hereto as Exhibit A.
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`2.
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`More specifically, Plaintiff, pursuant to RPAPL 1501 (4), seeks the cancellation and
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`discharge of the mortgage, referred to below, which encumbers the Premises.
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`1
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`3 of 9
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`Verified Complaint
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`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`THE PARTIES AND JURISDICTION
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`3.
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`Plaintiff is an adult resident of the City of Dhaka, Country of Bangladesh. Plaintiff is
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`the owner of title to the subject Premises in fee simple.
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`4.
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`Upon information and belief, defendant Bank of America, National Association, as
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`successor by merger to LaSalle Bank, National Association, as Trustee for the MLMI Trust
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`Series 2006-FM1 is a banking corporation or similar financial institution organized and existing
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`under the laws of the United States of America; is engaged in the regular, systematic, and
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`ongoing transaction of business throughout the State of New York, and maintains many offices
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`in the State of New York for the purposes of engaging in its operations within the State of New
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`York; and, claims an interest, in the form of an encumbrance, in the subject Premises, which
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`interest arose from a business transaction that occurred in the State of New York and which
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`interest is adverse to that of Plaintiff’s interest in the subject Premises.
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`5.
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`Upon information and belief, defendant Nancy Penaranda Cortez is the tenant occupying
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`the 1st floor unit of the Premises.
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`6.
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`Upon information and belief, defendant Johanny Rodriguez is the tenant occupying the
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`2nd floor unit of the Premises.
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`7.
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`Upon information and belief, defendants “JOHN DOE #1” through “JOHN DOE #10”
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`are additional tenants of the Premises who are unknown to the Plaintiff, and/or persons or
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`entities who are unknown to Plaintiff and who have some claim or interest in the Premises that
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`may be affected by the judgment in this action.
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`8.
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`The subject Premises, specifically described in the deed incorporated herein and
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`annexed hereto as Exhibit A, is situated within the State of New York, County of Queens.
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`2
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`4 of 9
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`Verified Complaint
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`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`FIRST CAUSE OF ACTION
`(RPAPL 1501 [4])
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`Plaintiff incorporates by reference each of the preceding paragraphs as though they were
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`9.
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`fully set forth herein.
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`10.
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`On or around February 14, 2006, Mr. Mohammad Nuruddin (Mr. Nuruddin) and Ms.
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`Farzana Islam, Plaintiff’s predecessors-in-interest with respect to title to the subject Premises,
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`executed and delivered a mortgage encumbering the above-described subject Premises to
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`Mortgage Electronic Registration Systems, Inc., solely as nominee for Fremont Investment &
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`Loan (Fremont) and its successors-in-interest, to secure the sum of $605,600.00, which
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`mortgage was recorded in the office of the Clerk for the County of Queens of the State of New
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`York as it appears on the recorded instrument incorporated herein and annexed hereto as
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`Exhibit B.
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`11.
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`Such mortgage was assigned to LaSalle Bank, National Association, as Trustee for the
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`MLMI Trust Series 2006-FM1 (LaSalle) as demonstrated by the instrument, a copy of which is
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`incorporated herein and annexed hereto as Exhibit C, and the endorsement of the loan
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`document memorializing the debt secured by the said mortgage, a copy of which is incorporated
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`herein and annexed hereto as Exhibit D.
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`12.
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`Thereafter, LaSalle merged into Defendant as demonstrated by certain documents,
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`copies of which are incorporated herein and annexed hereto as Exhibit E.
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`13.
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`That pursuant to the terms of the loan document, dated February 14, 2016, between Mr.
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`Nuruddin and Fremont, the indebtedness, secured by the aforesaid mortgage, was payable in
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`installments, with interest.
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`3
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`5 of 9
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`Verified Complaint
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`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`14.
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`Defendant claims or may claim to have, or it appears by the public records that it may
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`claim, some estate or interest in the above-described subject Premises adverse to that of the
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`Plaintiff because of the above-mentioned mortgage, related assignment, and merger.
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`15.
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`That all indebtedness secured by the mortgage, became due and payable on or before the
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`17th day of June, 2008, and that, upon information and belief, there has been no payment upon
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`the said indebtedness, as reflected in the loan document or mortgage, whether by way of
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`principal or interest at any time since the date of the last payment on or around June 1, 2007. A
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`copy of a summons and complaint previously filed on June 17, 2008, which complaint contains
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`both a clear and unequivocal acceleration of the entire mortgage debt and an allegation of
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`default, is incorporated herein and annexed hereto as Exhibit F.
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`16.
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`That, upon information and belief, no acknowledgment of any indebtedness on the loan
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`document or mortgage has been made since on around June 1, 2007, the date of the last
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`payment; and, that, while the running of the statute of limitations for the commencement of an
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`action to foreclose on the mortgage or to bring any action on the loan document for principal or
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`for any interest thereon was tolled from March 20, 2020 until November 3, 2020, pursuant to
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`the Executive Orders issued by the Governor of the State of New York in response to the
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`COVID-19 pandemic, the relevant limitations period to commence an action to foreclose on the
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`mortgage or to bring an action on the loan document for principal or for any interest thereon has
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`expired, even when the time of the said toll is properly discounted, and, as such the loan
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`document and mortgage have become outlawed and barred by the statute of limitations.
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`17.
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`That any estate or interest that Defendant ever had or claims to have had in the above-
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`described Premises or in any part thereof, and any and all liens or encumbrances thereon that
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`may have existed or be claimed to have existed in favor of Defendant are of no force and effect
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`4
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`6 of 9
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`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`as against the estate and interest of Plaintiff in and to the subject Premises, and Plaintiff now
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`holds the subject Premises free and clear from any claim, lien, or encumbrance arising from the
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`mortgage or the ownership thereof.
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`18.
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`Upon information and belief, all the parties, except for defendants “JOHN DOE #1”
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`through “JOHN DOE #10,” are known, and none is an infant, developmentally disabled,
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`mentally ill, or an alcohol or drug abuser.
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`19.
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`Upon information and belief, the judgment in this action will not affect a person not in
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`being or ascertained at the commencement of this action, who by any contingency contained in
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`a devise or grant or otherwise could afterward become entitled to a beneficial estate or interest
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`in the subject Premises involved herein; and, every person in being who would have been
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`entitled to such an estate or interest if such event happened immediately before the
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`commencement of this action have been named as a party to this action.
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`20.
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`Plaintiff seeks a declaratory judgment against Defendant as alleged and demanded
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`herein below.
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`21.
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`Plaintiff is entitled to a judgment directing that such mortgage and the related
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`assignment be canceled and discharged of record.
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`WHEREFORE, plaintiff Khadiza Khanam respectfully requests that this Court grant the
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`following relief:
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`1. Granting a judgment and final determination that the defendant Bank of America,
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`National Association, as successor by merger to LaSalle Bank, National Association, as
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`Trustee for the MLMI Trust Series 2006-FM1, and every person claiming under it be
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`forever barred from all claim to an estate or interest in the Premises described in
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`paragraph one (1) of this verified complaint; and,
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`5
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`7 of 9
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`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`2. Granting a judgment and final determination that the plaintiff Khadiza Khanam is the
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`lawful owner and vested with an absolute and unencumbered title in fee to the Premises
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`described in paragraph one (1) of this verified complaint, free and clear of the bond and
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`mortgage mentioned in paragraph ten (10) of this verified complaint; and,
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`3. Directing the clerk of the County to cancel and discharge of record the mortgage, and
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`any assignments thereof, mentioned in paragraphs ten (10) and eleven (11) of this
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`verified complaint; and,
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`4. Granting plaintiff Khadiza Khanam her costs, disbursements, and allowances against the
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`defendant Bank of America, National Association, as successor by merger to LaSalle
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`Bank, National Association, as Trustee for the MLMI Trust Series 2006-FM1; and,
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`5. Granting plaintiff Khadiza Khanam such other and further relief as to the Court may
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`deem just, equitable, and proper.
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`Dated:
`
`Jericho, New York
`March 15, 2023
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`FADULLON DIZON KRUL, LLP
`
`
`________________________
`By: Juan Paolo F. Dizon, Esq.
`380 North Broadway, Suite 408
`Jericho, New York 11753
`(347) 757-4131
`jp@fdk-law.com
`Attorneys for plaintiff Khadiza Khanam
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`6
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`8 of 9
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`Verified Complaint
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`FILED: QUEENS COUNTY CLERK 03/15/2023 07:52 PMFILED: QUEENS COUNTY CLERK 05/12/2023 08:00 AM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 22
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`INDEX NO. 705623/2023INDEX NO. 705623/2023
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`RECEIVED NYSCEF: 03/16/2023RECEIVED NYSCEF: 05/12/2023
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`ATTORNEY VERIFICATION
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`Juan Paolo F. Dizon, an attorney duly admitted to practice law in the State of New York, under
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`penalties of perjury, affirms the following:
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`That deponent is the attorney for plaintiff Khadiza Khanam in the within action; that
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`deponent has read the foregoing Complaint and knows the contents thereof; that the same is true
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`to the deponent’s own knowledge, except as to the matters therein stated to be alleged upon
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`information and belief, and as to those matters believes it to be true; that the source of deponent’s
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`knowledge as to the matters herein is a review of the file and/or privileged communications with
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`plaintiff Khadiza Khanam. The reason this verification is not made by plaintiff Khadiza Khanam
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`and is made by deponent is that plaintiff Khadiza Khanam is not in the counties where the
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`deponent-attorney maintains offices, said counties being Nassau County and Queens County.
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`Dated:
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`Jericho, New York
`March 15, 2023
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`_______________________
` Juan Paolo F. Dizon, Esq.
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`9 of 9
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