Preview
At an of the Supreme Court of the
State of New York, held in and for the
County of QUEENS at the Courthouse
thereof, Supreme Court Building, 88-11
Sutphin Boulevard, Jamaica, NY 11435 on
the _____ day of , 2018.
PRESENT:
Honorable
Justice
---------------------------------------------------------------X
GMAC MORTGAGE, LLC (SUCCESSOR BY
MERGER TO GMAC MORTGAGE
CORPORATION),
Plaintiff, Index No.: 703748/2018
-against- ORDER GRANTING DEFAULT
JUDGMENT
FLOYD BARKER,
GENIEVE BARKER,
PREMIER MORTGAGE CORP. D/B/A PMC
MORTGAGE CO.,
Defendants(s).
--------------------------------------- -----------X
ON READING THE SUMMONS AND COMPLAINT, filed with the Clerk of QUEENS
County on March 12, 2018, and the accompanying affirmation of Matthew Smith, dated May
15, 2018;
GMAC MORTGAGE, LLC (SUCCESSOR BY MERGER TO GMAC
MORTGAGE CORPORATION) (hereinafter, "Plaintiff") purchased a mortgage and note
from NORWEST MORTGAGE, INC. Said mortgage encumbered the subject premises of the
instant action. PREMIER MORTGAGE CORP., DBA PMC MORTGAGE CO. assigned the
subject mortgage to THE PRUDENTIAL HOME MORTGAGE COMPANY, INC. (hereinafter,
"Prudential"), via an assignment of mortgage, which was dated August 31, 1995, and recorded in
the Office of the Clerk of QUEENS County on September 27, 1995, under Liber: 4197 at Page:
1430 (hereinafter, "Assignment One").
However, when Assignment One was executed and delivered itreferenced only, Floyd
Barker and did not include the second borrower's name, "GENIEVE BARKER". Assignment
One also failed to recite the recording information of the mortgage being assigned.
Plaintiff, as the current holder of the note, desires to foreclose on the subject mortgage.
However, Plaintiff cannot do so because of the error in Assignment One which created a cloud
on title.
And the summons and complaint in this action having previously been served on
Defendants on April 7, 2018 respectively;
NOW on motion of McCabe, Weisberg & Conway, P.C., attorney for plaintiff, itis:
ORDERED, ADJUDGED AND DECREED that the Defendants be forever barred from
all claims to an estate or interest in the property described as: Section: 54, Block: 12965, Lot: 6,
227d'
known as: 133-12 Street, Laurelton, NY 11413, and itis further
ORDERED, ADJUDGED AND DECREED that the Clerk of the County of QUEENS
be directed to record this Order reflecting and affirming the validity of the assignment of
mortgage from PREMIER MORTGAGE CORP., DBA PMC MORTGAGE to THE
PRUDENTIAL HOME MORTGAGE COMPANY, INC. to include the second borrower's
BARKER"
name, "GENIEVE and to recite the recording information of the mortgage being
assigned. The subject mortgage to be assigned is in the amount of $148,262.00, which was dated
August 31, 1995, and recorded in the Office of the Clerk of QUEENS County on September 27,
1995, under Liber: 4197 at Page: 1430, and itis further
ORDERED, ADJUDGED AND DECREED that the Clerk of the County of QUEENS
be directed to record this Order affirming and making effective henceforth the assignment of
mortgage from Plaintiff to OCWEN LOAN SERVICING, LLC dated April 3, 2015 and recorded
in the Office of the Clerk of QUEENS County on May 27, 2015, under CRFN: 2015000175300,
and itis further
ORDERED, ADJUDGED AND DECREED that, the Plaintiff recovers itscosts,
disbursements and allowances against the Defendants.
herewith"
"Schedule A annexed
ENTER
J.S.C.
"A"
Schedule
"A" DESCRIPTION
SCHEDULE LEGAL
ALL that certain plot, piece or parcel of land, with the building and impic.vaments thereon
erected, situate, lying and being in the Borough and County ofQueens, City and State of
New York, bounded and described as follows:
BEGINNING at a point on the side of 227th distant 108 feet
northweni.erly Street,
from the corner formed the intersection of the side of 227th
southwesterly by northwesterly
Street with the side of 133rd as said street and avenue are laid out
southwesterly Avenue,
on a certain Map entitled, "Map of Laurelton, Section 2,Fourth Ward, Borough of Queens,
New York City, owned by Laurelton Homes, Inc.,William H. Parry, Civil Engineer, City
"
Surveyor and filedin the Queens County Register's Office on October 17, 1928, under File
No. 5586, and from said point of beginning:
RUNNING THENCE parallel with 133rd 100
Northwesterly Avenue, feet;
THENCE parallel with 227th 32
Southwesterly Street, feet;
THENCE parallel with 133rd 100 feetto the side of
Southeasterly Avenue, northwesterly
227th Street
THENCE said side of 227th 32 feet to the point or place of
Northeasterly along Street,
BEGINNING.
Preview
At an of the Supreme Court of the State of New York, held in and for the County of QUEENS at the Courthouse thereof, Supreme Court Building, 88-11 Sutphin Boulevard, Jamaica, NY 11435 on the _____ day of , 2018. PRESENT: Honorable Justice ---------------------------------------------------------------X GMAC MORTGAGE, LLC (SUCCESSOR BY MERGER TO GMAC MORTGAGE CORPORATION), Plaintiff, Index No.: 703748/2018 -against- ORDER GRANTING DEFAULT JUDGMENT FLOYD BARKER, GENIEVE BARKER, PREMIER MORTGAGE CORP. D/B/A PMC MORTGAGE CO., Defendants(s). --------------------------------------- -----------X ON READING THE SUMMONS AND COMPLAINT, filed with the Clerk of QUEENS County on March 12, 2018, and the accompanying affirmation of Matthew Smith, dated May 15, 2018; GMAC MORTGAGE, LLC (SUCCESSOR BY MERGER TO GMAC MORTGAGE CORPORATION) (hereinafter, "Plaintiff") purchased a mortgage and note from NORWEST MORTGAGE, INC. Said mortgage encumbered the subject premises of the instant action. PREMIER MORTGAGE CORP., DBA PMC MORTGAGE CO. assigned the subject mortgage to THE PRUDENTIAL HOME MORTGAGE COMPANY, INC. (hereinafter, "Prudential"), via an assignment of mortgage, which was dated August 31, 1995, and recorded in the Office of the Clerk of QUEENS County on September 27, 1995, under Liber: 4197 at Page: 1430 (hereinafter, "Assignment One"). However, when Assignment One was executed and delivered itreferenced only, Floyd Barker and did not include the second borrower's name, "GENIEVE BARKER". Assignment One also failed to recite the recording information of the mortgage being assigned. Plaintiff, as the current holder of the note, desires to foreclose on the subject mortgage. However, Plaintiff cannot do so because of the error in Assignment One which created a cloud on title. And the summons and complaint in this action having previously been served on Defendants on April 7, 2018 respectively; NOW on motion of McCabe, Weisberg & Conway, P.C., attorney for plaintiff, itis: ORDERED, ADJUDGED AND DECREED that the Defendants be forever barred from all claims to an estate or interest in the property described as: Section: 54, Block: 12965, Lot: 6, 227d' known as: 133-12 Street, Laurelton, NY 11413, and itis further ORDERED, ADJUDGED AND DECREED that the Clerk of the County of QUEENS be directed to record this Order reflecting and affirming the validity of the assignment of mortgage from PREMIER MORTGAGE CORP., DBA PMC MORTGAGE to THE PRUDENTIAL HOME MORTGAGE COMPANY, INC. to include the second borrower's BARKER" name, "GENIEVE and to recite the recording information of the mortgage being assigned. The subject mortgage to be assigned is in the amount of $148,262.00, which was dated August 31, 1995, and recorded in the Office of the Clerk of QUEENS County on September 27, 1995, under Liber: 4197 at Page: 1430, and itis further ORDERED, ADJUDGED AND DECREED that the Clerk of the County of QUEENS be directed to record this Order affirming and making effective henceforth the assignment of mortgage from Plaintiff to OCWEN LOAN SERVICING, LLC dated April 3, 2015 and recorded in the Office of the Clerk of QUEENS County on May 27, 2015, under CRFN: 2015000175300, and itis further ORDERED, ADJUDGED AND DECREED that, the Plaintiff recovers itscosts, disbursements and allowances against the Defendants. herewith" "Schedule A annexed ENTER J.S.C. "A" Schedule "A" DESCRIPTION SCHEDULE LEGAL ALL that certain plot, piece or parcel of land, with the building and impic.vaments thereon erected, situate, lying and being in the Borough and County ofQueens, City and State of New York, bounded and described as follows: BEGINNING at a point on the side of 227th distant 108 feet northweni.erly Street, from the corner formed the intersection of the side of 227th southwesterly by northwesterly Street with the side of 133rd as said street and avenue are laid out southwesterly Avenue, on a certain Map entitled, "Map of Laurelton, Section 2,Fourth Ward, Borough of Queens, New York City, owned by Laurelton Homes, Inc.,William H. Parry, Civil Engineer, City " Surveyor and filedin the Queens County Register's Office on October 17, 1928, under File No. 5586, and from said point of beginning: RUNNING THENCE parallel with 133rd 100 Northwesterly Avenue, feet; THENCE parallel with 227th 32 Southwesterly Street, feet; THENCE parallel with 133rd 100 feetto the side of Southeasterly Avenue, northwesterly 227th Street THENCE said side of 227th 32 feet to the point or place of Northeasterly along Street, BEGINNING.