Preview
FILED: QUEENS COUNTY CLERK 10/23/2018 10:17 AM INDEX NO. 703763/2018
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 10/23/2018
EXHIBIT J
FILED:
FILED : QUEENS
QUEENS COUNTY
COUNTY CLERK
CLERK 10/23/2018
03/12/2018 10:17
05:02 AM INDEX
INDEX NO.
NO. 703763/2018
7037 63/2018
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
5 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/23/2018
03/12/2018
SUPREMECOURTOFTHESTATEOFNEW YORK
COUNTY OF QUEENS
INDEX NO.
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
MASTR ASSET BACKED SECURITIES TRUST 2006-
WMC3 MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2006-WMC3,
NOTICE OF PENDENCY OF
Plaintiff, ACTION
Against
Subject Property:
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; 10638 156TH STREET
NEW YORK STATE DEPARTMENT OF TAXATION AND JAMAICA, NY 1 1433
FINANCE; NEW YORK CITY PARKING VlOLATIONS
BUREAU,
#1" #12,"
"JOHN DOE through "JOHN DOE the lasttwelve
names being ñctitious and unknown to plaintiff,the persons or
parties intended being the tenants, occupants, persons or
corporations, ifany, having or claiming an interest in or lien
upon the premises, described in the complaint
Defendants.
NOTICE IS HEREBY GlVEN, that an action has been commenced and ispending in thisCourt
upon a complaint of the above-named plaintiffagainst the above-named defendants for the foreclosure of
a mortgage bearing date April 28, 2006 executed by MOHAMMED S. ISLAM A/K/A MOHAMMED
ISLAM to GRIFFIN MORTGAGE CORPORATION to secure the sum of $528,000.00, recorded in the
Office of the City Register of the City of New York in the County of QUEENS on June 2, 2006 in
Official Record CRFN 2006000307477. Said mortgage was assigned to Plaintiff by assigñmcat of
mortgage duly executed on a date prior to the filing of the complaint Said loan was modified. As
evidence of the modification a Loan Modiñcation Agreement dated July 21, 2016 was executed.
AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the said
foreclosure action, were, at the time of the commencement of said action, and at the time of the filing of
thisnotice bounded and described as follows:
- Description"
See Schedule A "Legal annexed hereto and made a part hereof. Said premises
being known as 10638 156TH STREET, JAMAICA, NEW YORK 1 1433 and by Block 10123, Lot 21.
TOGETHER with allExtures and articlesof personal property now or hereafter attached to, or
used in connection with mortgaged premises, allas is more fully set forth in said mortgage.
1111111111|ll111111111111111111111111111111111
1111111111111111111111111111111111111111111111111111
11111111111111111111!!!!!!!|!!!ll1111
17-122516 - NiG Drafter: Nicole Gerber
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FILED:
FILED : QUEENS
QUEENS COUNTY
COUNTY CLERK
CLERK 10/23/2018
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5 RECEIVED
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The Register of the County of QUEENS isdirected to index thisnotice to the name(s) of the
defendant(s) MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM, inclusive.
Dated: 2/28/2018
RAS Boriskin, LLC
Attorney for Plaintiff
BY:
[ ] SARA BORISKIN, ESQ.
[ ] ANTHONY CELLUCC1, ESQ.
[ ] ANNETTE SHACHTER, ESQ.
[×] ALECIA C. DAN1EL, ESQ.
900 Merchants Concourse, Suite 106
Westbury, NY I1590
516-280-7675
17-122516 - NiG Drafter: Nicole Gerber
2 of 4
FILED:
FILED: QUEENS
QUEENS COUNTY
COUNTY CLERK
CLERK 10/23/2018
03/12/2018 10:17
05:02 AM
PM|
INDEX
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NO. 703763/2018
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NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
5 RECEIVED
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NYSCEF: 10/23/2018
03/12/2018
SCHEDULE A - LEGAL_DESCRIPTION
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH
AND COUNTY OF QUEENS, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY SIDE OF 156TH STREET, FORMERLY KNOWN
AS BROWN AVENUE, DISTANT 175 FEET NORTHERLY FROM THE CORNER FORMED BY
THE INTERSECTION OF THE NORTHERLY SIDE OF 107TH AVENUE, FORMERLY KNOWN AS
ATLANTIC STREET AND THE WESTERLY SIDE OF 156TH STREET;
156™
RUNNING THENCE WESTERLY, AT RIGHT ANGLES TO THE SAID WESTERLY SIDE OF
STREET, I00 FEET;
THENCE NORTHERLY, PARALLEL WITH 156TH STREET, 25 FEET;
THENCE EASTERLY, AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, 100 FEET TO
THE WESTERLY SIDE OF 156TH STREET; AND THENCE SOUTHERLY, ALONG THE
WESTERLY SIDE OF 156TH STREET, 25 FEET TO THE POINT OR PLACE OF BEGINNING.
17-122516 - NiG Drafter: Nicole Gerber
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FILED:
FILED : QUEENS
QUEENS COUNTY
COUNTY CLERK
CLERK 10/23/2018
03/12/2018 10:17
05:02 AM
PM|
INDEX
INDEX NO.
NO. 703763/2018
7037 63/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
5 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/23/2018
03/12/2018
Index Number:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
MASTR ASSET BACKED SECURITIES TRUST 2006-WMC3
MORTGAGE PASS-THROUGH CERTlFlCATES SERIES
2006-WMC3,
Plaintiff,
-against-
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW
YORK STATE DEPARTMENT OF TAXATION AND
FINANCE; NEW YORK CITY PARKlNG VlOLATIONS
BUREAU,
#1" #12,"
"JOHN DOE through "JOHN DOE the lasttwelve
names being fictitious and unknown to plaintiff,the persons
or parties intended being the tenants, occupants, persons or
corporations, ifany, having or claiming an interest in or lien
upon the premises, described in the complaint,
Defendants.
NOTICE OF PENDENCY
RAS Boriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 106
Westbury, NY 11590
Telephone: 516-280-7675
Compliance with Rule 130-1.1a
[ ] SARA BORISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ] ANNETTE SHACHTER, ESQ.
[½] ALECIA C. DAN1EL, ESQ.
17-122516 - NiG Drafter:Nicole Gerber
4 of 4
FILED:
FILED : QUEENS
QUEENS COUNTY
COUNTY CLERK
CLERK 10/23/2018
03/12/2018 10:17
05:02 AM
PM|
INDEX
INDEX NO.
NO. 703763/2018
7037 63/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/23/2018
03/12/2018
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF QUEENS
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR MASTR ASSET BACKED
SECURITIES TRUST 2006-WMC3 MORTGAGE
PASS-THROUGH CERTIFICATES SERIES 2006-
WMC3,
Plaintiff designates QUEENS as the place of
Plaintiff, trialsitus ofthe real property
vs.
SUMMONS
MOHAMMED S. ISLAM A/K/A MOHAMMED
ISLAM; NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE; NEW YORK CITY
PARKING VIOLATIONS BUREAU,
#I" #I2,"
"JOHN DOE through "JOHN DOE the Subject Property:
lasttwelve names being fictitious and unknown to 10638 I56TH STREET
plaintiff,the persons or parties intended being the JAMAICA, NY 11433
tenants, occupants, persons or corporations, ifany,
having or claiming an interest in or lienupon the
premises, described in the complaint,
Defendants.
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance on the
Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete ifthis summons is not personally delivered to you within the
State of New York) in the event the United States of America is made a party defendant, the time to
answer for the said United States of America shall not expire until (60) days after service of the
Summons; and in case of your failure to appear or answer, judgment will be taken against you by default
for the reliefdemanded in the complaint.
1111111111111111111111111111111111111111111111
1111111111111111111111111111111111111111111111111111
1111111111111111111111111111111|l1111
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FILED:
FILED : QUEENS
QUEENS COUNTY
COUNTY CLERK
CLERK 10/23/2018
03/12/2018 10:17
05:02 AM
PM|
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1 RECEIVED
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and ce:±phi-t by serving a copy of the answer on the
attorney for the mortgage comna=y who filed this foreclosure prseceding against you and filing the
answer with the court, a default judgn.c:: may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is i;cading for further infars:tiêñ on how
to answer the summons and protect your property.
Sending a payment to the mortgage cestpañy will not stop the 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.
Dated: 2/28/2018
RAS Boriskin, LLC
Attorney for Plaintiff
BY:
[ ] SARA BORISKIN, ESQ.
[ ] ANTHONY CELLUCCI, ESQ.
[ ] ANNETTE SHACHTER, ESQ.
ALECIA C. DANIEL, ESQ.
900 Merchants Concourse, Suite 106
Westbury, NY 11590
516-280-7675
17-122516 - NiG Drafter:Nicole Gerber
2 of 37
FILED:
FILED : QUEENS
QUEENS COUNTY
COUNTY CLERK
CLERK 10/23/2018
03/12/2018 10:17
05:02 AM
PM|
INDEX
INDEX NO.
NO. 703763/2018
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NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/23/2018
03/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
INDEX NO.
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR MASTR ASSET BACKED SECURITIES TRUST
2006-WMC3 MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-WMC3,
COMPLAINT
Plaintiff,
vs. Subject Property:
10638 156TH STREET
JAMAICA, NY I 1433
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; NEW YORK CITY PARKING
VIOLATIONS BUREAU,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitiousand unknown to
plaintiff,the persons or parties intended being the
tenants, occupants, persons or corporations, ifany,
having or claiming an interest in or lienupon the
premises, described in the complaint,
Defendants.
The coiiiplaiiit
of the above-named plaintiff,by RAS Boriskin, LLC, itsattorneys, alleges upon
information and belief as follows:
l. Plaintiffisorganized under the laws of the United States of America or itsstate of formation.
2. On April 28, 2006, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM duly executed
and delivered a note whereby MOHAMMED S. lSLAM A/K/A MOHAMMED ISLAM promised to
pay the sum of $528,000.00 plus interest as set forth in said note. A copy of said note isannexed hereto.
3. Plaintiff,directly or through an agent has complied with allapplicable laws in an attempt to
establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff
has possession and control of the original note and mortgage, which note issecured by the mortgage
identified below, and the said note iseither made payable to Plaintiffor is duly indorsed. To the extent
ll11111111111111111111111111111111111111111111
1111111111111111111111111111111111111111111111111111
1111111111111111111111111111111111111
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FILED:
FILED : QUEENS
QUEENS COUNTY
COUNTY CLERK
CLERK 10/23/2018
03/12/2018 10:17
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PM|
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that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right
to foreclose the subject note and mortgage pursuant to New York law.
4. That to secure the payment of the sum represented by said note, MOHAMMED S. ISLAM
A/K/A MOHAMMED ISLAM, duly executed and delivered a mortgage which was recorded as follows
and the mortgage tax thereon was duly paid:
Recording Date: June 02, 2006
County: QUEENS
CRFN 2006000307477
Said mortgage was assigned to Plaintiffby assignment of mortgage duly executed on a date prior to the
filingof the complaint. A copy of said mortgage isannexed hereto.
5. Said mortgage secured the real property known as 10638 I56TH STREET, JAMAICA, NEW
YORK 1 1433 and by Block 10123, Lot 21 together with allfixtures and articles of personal property
annexed to, installedin,or used in connection with the mortgaged premises, allas is more fully set forth
in said mortgage. A copy of the legal description isset forth on Schedule A annexed.
6. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated
July 21, 2016 was executed. As a result of the foregoing, ifnot already paid, Plaintiff shall pay the
requisite mortgage tax attributed to the Loan Modification Agreement, ifany, prior to the Judgment of
Foreclosure and Sale.
7. Plaintiff isthe owner and holder of said note and mortgage or has been delegated the authority
to institutea mortgage foreclosure action by the owner and holder of the said note and mortgage.
8. Upon information and belief, Plaintiffcomplied with RPAPL 1304 and RPAPL 1306 unless
exempt from doing so. Moreover, Plaintiff has complied with allconditions precedent contained in the
mortgage, ifany.
9. To the extent applicable, Plaintiffhas complied with allof the provisions of Banking Law
section 595-a and rules and regulations promulgated Law sections 6-1 and 6-
any thereunder, Banking
m.
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FILED:
FILED : QUEENS
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COUNTY CLERK
CLERK 10/23/2018
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10. That Defendants failed to comply with the conditions of the note and mortgage by failing to
make the payment that became due on December 01, 2016 and each subsequent payment thereafter.
1 1.That by reason of such defaults, Plaintiffhereby declares the balance of the principal
indebtedness immediately due and payable.
12. That there isnow due and owing to the plaintiff,the principal sum of $1,001,718.97 with
interestthereon from November 01, 2016 plus accumulated late charges together with any sums
advanced by the plaintiff on behalf of defendant.
13. That plaintiffshall not be deemed to have waived, altered,released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of thisaction, of any
or allof the defaults mentioned herein; and such election shall continue and remain effective until the
costs and disbursements of this action, and any and allfuture defaults under the aforesaid bond or note
and mortgage, and occurring prior to the discontinuance of this action are fully paid.
14. That to protect itssecurity afforded by said note and mortgage, itmay be necessary for the
plaintiffto pay taxes, assessments, water rates and insurance premiums which are, or may become liens
on the mortgaged premises, and any other charges forthe protection of the premises, and plaintiff
hereby demands that any amounts which may be so expended shall be added to the amount of the
principal sum secured by said note and mortgage, together with interest from the time of any such
payment, and thatthe same be paid to the plaintiff from the proceeds of the foreclosure sale herein.
15. That the plaintiff alleges that no other proceedings have been had for the recovery of the
mortgage indebtedness or ifany such action ispenÆng, a finaljudgmcat was not rendered in favor of
Plaintiffand such action is intended to be discontinued.
16. That plaintiff further alleges that allthe defendants have, or may claim to have, some interest
in,or lien upon the mortgaged premises, or some part thereof, which interest or lien,ifany, issubject
and subordinate to the lien of the mortgage being foreclosed.
"B"
17. The description of each of the named party defendants interest isset out on Schedule
annexed.
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"C"
18. The interestor lien of each of the named party defendants, ifany, is setforth in Schedule
annexed.
19. The terms of said mortgage provide that defendants shall be liable to plaintiff forreasonable
attorneys'
fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises.
20. That the sale of the mortgaged premises and titlethereto are subject to the stateof facts an
accurate survey will show; allcovenants, restrictions,easements, agreements and reservations, ifany, of
record, and toany and allviolations thereof; any and allbuilding and zoning regulations, restrictions
and ordinances of the municipality in which said premises are situated, and to any violations of the
same, including, but not limited to, reapportionment of lotlines, and vault charges, ifany; any and all
orders or requirements issued by any governmental body having jurisdiction against or affecting said
premises and any violation of the same; the physical condition of any building or structure on the
premises as of the date of closing hereunder; rights of tenants in possession, ifany; prior mortgages and
judgments, ifany, now liensof record; right of Redemption of United States of America, ifany; rights
of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, ifany;
any and allHazardous Materials in the premises including, but not limited to, flammable explosives,
radioactive materials, hazardous wastes, asbestos or any material enntaining asbestos, and toxic
substances; and other conditions as set forth in the terms of sale more particularly to be announced at
the sale.
THIS SPACE IS INTENTIONALLY LEFT BLANK
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FILED:
FILED : QUEENS
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COUNTY CLERK
CLERK 10/23/2018
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WHEREFORE, plaintiff demands judgment against the defendants as follows:
A. The defendants and each of them, and allpersons claiming under them, or any of them
subsequent to the commencement of thisaction and the filingof the Notice of Pendency thereof,
may be barred and foreclosed of allright, title,claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey will
show; allcovenants, restrictions,easements, agreements and reservations, ifany, of record, and
to any and allviolations thereof; any and allbuilding and zoning regulations, restrictions and
ordinances of the municipality in which said premises are situated, and toany violations of the
same, including, but not limited to, reapportionment of lotlines, and vault charges, ifany; any
and allorders or requirements issued by any governmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of any building or
structure on the premises as of the date of closing hereunder; rights of tenants in possession, if
any; prior mortgages and judgments, ifany, now liens of record; right of Redemption of United
States of America, ifany; rights of any defendants pursuant to CPLR Section 317, CPLR Section
2003 and CPLR Section 5015, ifany; any and allHazardous Materials in the premises including,
but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set forth in the terms
of sale more particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law subject to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
E. Plaintiffmay be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums expended by plaintiff
prior to and during the pendency of this action, and forthirty days after any sale demanded herein
fortaxes, water rates, sewer rents, assessments, insurance premiums and other necessary and
essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums
expended for the protection or preservation of the property covered by said mortgage and note,
and the amount secured thereby, with interestthereon from the time of such payment and the
attorneys'
costs and expen
Preview
FILED: QUEENS COUNTY CLERK 10/23/2018 10:17 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 10/23/2018 EXHIBIT J FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM INDEX INDEX NO. NO. 703763/2018 7037 63/2018 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 41 5 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 SUPREMECOURTOFTHESTATEOFNEW YORK COUNTY OF QUEENS INDEX NO. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006- WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC3, NOTICE OF PENDENCY OF Plaintiff, ACTION Against Subject Property: MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; 10638 156TH STREET NEW YORK STATE DEPARTMENT OF TAXATION AND JAMAICA, NY 1 1433 FINANCE; NEW YORK CITY PARKING VlOLATIONS BUREAU, #1" #12," "JOHN DOE through "JOHN DOE the lasttwelve names being ñctitious and unknown to plaintiff,the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the premises, described in the complaint Defendants. NOTICE IS HEREBY GlVEN, that an action has been commenced and ispending in thisCourt upon a complaint of the above-named plaintiffagainst the above-named defendants for the foreclosure of a mortgage bearing date April 28, 2006 executed by MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM to GRIFFIN MORTGAGE CORPORATION to secure the sum of $528,000.00, recorded in the Office of the City Register of the City of New York in the County of QUEENS on June 2, 2006 in Official Record CRFN 2006000307477. Said mortgage was assigned to Plaintiff by assigñmcat of mortgage duly executed on a date prior to the filing of the complaint Said loan was modified. As evidence of the modification a Loan Modiñcation Agreement dated July 21, 2016 was executed. AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the said foreclosure action, were, at the time of the commencement of said action, and at the time of the filing of thisnotice bounded and described as follows: - Description" See Schedule A "Legal annexed hereto and made a part hereof. Said premises being known as 10638 156TH STREET, JAMAICA, NEW YORK 1 1433 and by Block 10123, Lot 21. TOGETHER with allExtures and articlesof personal property now or hereafter attached to, or used in connection with mortgaged premises, allas is more fully set forth in said mortgage. 1111111111|ll111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111 11111111111111111111!!!!!!!|!!!ll1111 17-122516 - NiG Drafter: Nicole Gerber 1 of 4 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 5 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 The Register of the County of QUEENS isdirected to index thisnotice to the name(s) of the defendant(s) MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM, inclusive. Dated: 2/28/2018 RAS Boriskin, LLC Attorney for Plaintiff BY: [ ] SARA BORISKIN, ESQ. [ ] ANTHONY CELLUCC1, ESQ. [ ] ANNETTE SHACHTER, ESQ. [×] ALECIA C. DAN1EL, ESQ. 900 Merchants Concourse, Suite 106 Westbury, NY I1590 516-280-7675 17-122516 - NiG Drafter: Nicole Gerber 2 of 4 FILED: FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 5 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 SCHEDULE A - LEGAL_DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH AND COUNTY OF QUEENS, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF 156TH STREET, FORMERLY KNOWN AS BROWN AVENUE, DISTANT 175 FEET NORTHERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF 107TH AVENUE, FORMERLY KNOWN AS ATLANTIC STREET AND THE WESTERLY SIDE OF 156TH STREET; 156™ RUNNING THENCE WESTERLY, AT RIGHT ANGLES TO THE SAID WESTERLY SIDE OF STREET, I00 FEET; THENCE NORTHERLY, PARALLEL WITH 156TH STREET, 25 FEET; THENCE EASTERLY, AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, 100 FEET TO THE WESTERLY SIDE OF 156TH STREET; AND THENCE SOUTHERLY, ALONG THE WESTERLY SIDE OF 156TH STREET, 25 FEET TO THE POINT OR PLACE OF BEGINNING. 17-122516 - NiG Drafter: Nicole Gerber 3 of 4 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 5 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 Index Number: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC3 MORTGAGE PASS-THROUGH CERTlFlCATES SERIES 2006-WMC3, Plaintiff, -against- MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKlNG VlOLATIONS BUREAU, #1" #12," "JOHN DOE through "JOHN DOE the lasttwelve names being fictitious and unknown to plaintiff,the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. NOTICE OF PENDENCY RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 106 Westbury, NY 11590 Telephone: 516-280-7675 Compliance with Rule 130-1.1a [ ] SARA BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ] ANNETTE SHACHTER, ESQ. [½] ALECIA C. DAN1EL, ESQ. 17-122516 - NiG Drafter:Nicole Gerber 4 of 4 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF QUEENS U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006- WMC3, Plaintiff designates QUEENS as the place of Plaintiff, trialsitus ofthe real property vs. SUMMONS MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU, #I" #I2," "JOHN DOE through "JOHN DOE the Subject Property: lasttwelve names being fictitious and unknown to 10638 I56TH STREET plaintiff,the persons or parties intended being the JAMAICA, NY 11433 tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lienupon the premises, described in the complaint, Defendants. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the reliefdemanded in the complaint. 1111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111 1111111111111111111111111111111|l1111 17-122516 - NiG Drafter:Nicole Gerber 1 of 37 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and ce:±phi-t by serving a copy of the answer on the attorney for the mortgage comna=y who filed this foreclosure prseceding against you and filing the answer with the court, a default judgn.c:: may be entered and you can lose your home. Speak to an attorney or go to the court where your case is i;cading for further infars:tiêñ on how to answer the summons and protect your property. Sending a payment to the mortgage cestpañy will not stop the 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. Dated: 2/28/2018 RAS Boriskin, LLC Attorney for Plaintiff BY: [ ] SARA BORISKIN, ESQ. [ ] ANTHONY CELLUCCI, ESQ. [ ] ANNETTE SHACHTER, ESQ. ALECIA C. DANIEL, ESQ. 900 Merchants Concourse, Suite 106 Westbury, NY 11590 516-280-7675 17-122516 - NiG Drafter:Nicole Gerber 2 of 37 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS INDEX NO. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC3, COMPLAINT Plaintiff, vs. Subject Property: 10638 156TH STREET JAMAICA, NY I 1433 MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitiousand unknown to plaintiff,the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lienupon the premises, described in the complaint, Defendants. The coiiiplaiiit of the above-named plaintiff,by RAS Boriskin, LLC, itsattorneys, alleges upon information and belief as follows: l. Plaintiffisorganized under the laws of the United States of America or itsstate of formation. 2. On April 28, 2006, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM duly executed and delivered a note whereby MOHAMMED S. lSLAM A/K/A MOHAMMED ISLAM promised to pay the sum of $528,000.00 plus interest as set forth in said note. A copy of said note isannexed hereto. 3. Plaintiff,directly or through an agent has complied with allapplicable laws in an attempt to establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff has possession and control of the original note and mortgage, which note issecured by the mortgage identified below, and the said note iseither made payable to Plaintiffor is duly indorsed. To the extent ll11111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111 17-122516 -NiG Drafter:Nicole Gerber 3 of 37 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 4. That to secure the payment of the sum represented by said note, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM, duly executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid: Recording Date: June 02, 2006 County: QUEENS CRFN 2006000307477 Said mortgage was assigned to Plaintiffby assignment of mortgage duly executed on a date prior to the filingof the complaint. A copy of said mortgage isannexed hereto. 5. Said mortgage secured the real property known as 10638 I56TH STREET, JAMAICA, NEW YORK 1 1433 and by Block 10123, Lot 21 together with allfixtures and articles of personal property annexed to, installedin,or used in connection with the mortgaged premises, allas is more fully set forth in said mortgage. A copy of the legal description isset forth on Schedule A annexed. 6. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated July 21, 2016 was executed. As a result of the foregoing, ifnot already paid, Plaintiff shall pay the requisite mortgage tax attributed to the Loan Modification Agreement, ifany, prior to the Judgment of Foreclosure and Sale. 7. Plaintiff isthe owner and holder of said note and mortgage or has been delegated the authority to institutea mortgage foreclosure action by the owner and holder of the said note and mortgage. 8. Upon information and belief, Plaintiffcomplied with RPAPL 1304 and RPAPL 1306 unless exempt from doing so. Moreover, Plaintiff has complied with allconditions precedent contained in the mortgage, ifany. 9. To the extent applicable, Plaintiffhas complied with allof the provisions of Banking Law section 595-a and rules and regulations promulgated Law sections 6-1 and 6- any thereunder, Banking m. 17-122516 - NiG Drafter:Nicole Gerber 4 of 37 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 10. That Defendants failed to comply with the conditions of the note and mortgage by failing to make the payment that became due on December 01, 2016 and each subsequent payment thereafter. 1 1.That by reason of such defaults, Plaintiffhereby declares the balance of the principal indebtedness immediately due and payable. 12. That there isnow due and owing to the plaintiff,the principal sum of $1,001,718.97 with interestthereon from November 01, 2016 plus accumulated late charges together with any sums advanced by the plaintiff on behalf of defendant. 13. That plaintiffshall not be deemed to have waived, altered,released or changed the election hereinbefore made by reason of the payment after the date of the commencement of thisaction, of any or allof the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and allfuture defaults under the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid. 14. That to protect itssecurity afforded by said note and mortgage, itmay be necessary for the plaintiffto pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges forthe protection of the premises, and plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and thatthe same be paid to the plaintiff from the proceeds of the foreclosure sale herein. 15. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or ifany such action ispenÆng, a finaljudgmcat was not rendered in favor of Plaintiffand such action is intended to be discontinued. 16. That plaintiff further alleges that allthe defendants have, or may claim to have, some interest in,or lien upon the mortgaged premises, or some part thereof, which interest or lien,ifany, issubject and subordinate to the lien of the mortgage being foreclosed. "B" 17. The description of each of the named party defendants interest isset out on Schedule annexed. 17-122516 - NiG Drafter:Nicole Gerber 5 of 37 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 "C" 18. The interestor lien of each of the named party defendants, ifany, is setforth in Schedule annexed. 19. The terms of said mortgage provide that defendants shall be liable to plaintiff forreasonable attorneys' fees incurred by plaintiff to protect or enforce plaintiffs security interest in the premises. 20. That the sale of the mortgaged premises and titlethereto are subject to the stateof facts an accurate survey will show; allcovenants, restrictions,easements, agreements and reservations, ifany, of record, and toany and allviolations thereof; any and allbuilding and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lotlines, and vault charges, ifany; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, ifany; prior mortgages and judgments, ifany, now liensof record; right of Redemption of United States of America, ifany; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, ifany; any and allHazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material enntaining asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. THIS SPACE IS INTENTIONALLY LEFT BLANK 17-122516 - NiG Drafter:Nicole Gerber 6 of 37 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 10/23/2018 03/12/2018 10:17 05:02 AM PM| INDEX INDEX NO. NO. 703763/2018 7037 63/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 41 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/23/2018 03/12/2018 WHEREFORE, plaintiff demands judgment against the defendants as follows: A. The defendants and each of them, and allpersons claiming under them, or any of them subsequent to the commencement of thisaction and the filingof the Notice of Pendency thereof, may be barred and foreclosed of allright, title,claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; allcovenants, restrictions,easements, agreements and reservations, ifany, of record, and to any and allviolations thereof; any and allbuilding and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and toany violations of the same, including, but not limited to, reapportionment of lotlines, and vault charges, ifany; any and allorders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, ifany, now liens of record; right of Redemption of United States of America, ifany; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, ifany; any and allHazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; E. Plaintiffmay be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and forthirty days after any sale demanded herein fortaxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interestthereon from the time of such payment and the attorneys' costs and expen