Preview
FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 703763/2018
COUNTY OF QUEENS
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff designates QUEENS as
FOR MASTR ASSET BACKED SECURITIES TRUST the place of trial situs of the real
2006-WMC3 MORTGAGE PASS-THROUGH property
CERTIFICATES SERIES 2006-WMC3,
SUPPLEMENTAL
Plaintiff, SUMMONS
vs.
Mortgaged Premises:
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; 10638 156TH STREET,
NEW YORK STATE DEPARTMENT OF TAXATION JAMAICA, NY 11433
AND FINANCE; NEW YORK CITY PARKING
"JANE"
VIOLATIONS BUREAU; ISLAM; HAMED
BILA; GULNA BILA; HARO BILA; MUNISH BLA;
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD,
Defendants.
Defendants.
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
and to serve a copy of your Answer on the plaintiff's 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 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.
IHIIIIIIIIIIIIIIAEllA IMIIIANEIIIIIAMIIIII IMIIIMANAIIIII
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
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 the 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 the mortgage company 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: August 30, 2022
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorney for Plaintiff
BY:
Theresa Regis, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
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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,
AMENDED COMPLAINT
Plaintiff,
vs. Subject Property:
10638 156TH STREET
JAMAICA, NY 11433
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM;
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE; NEW YORK CITY PARKING VIOLATIONS
"JANE"
BUREAU; ISLAM; HAMED BILA; GULNA BILA;
HARO BILA; MUNISH BILA; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendants.
The complaint of the above-named plaintiff, by RAS Boriskin, LLC, its attorneys, alleges upon
information and beliefas follows:
1. Plaintiff is organized 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. ISLAM 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 is annexed hereto.
3. Plaintiff, directly or through an agent has complied with all applicable laws in an attempt to
establish ownership and/or poss.ession of the subject note and the right to foreclosure of same. Plaintiff
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has possession and control of the original note and mortgage, which note is secured by the mortgage
identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent
that the original note or interim assignments of mortgage are lost or unavailable, Plaintiffhas 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, MOHAMMF© 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 Plaintiff by assignment of mortgage duly executed on a date prior to the
filing of the complaint. A copy of said mortgage is annexed hereto.
5. Said mortgage secured the real property known as 10638 156TH STREET, JAMAICA, NEW
YORK 11433 and by Block 10123, Lot 21 together with all fixtures and articles of personal property
annexed to, installed in, or used in connection with the mortgaged premises, allas ismore fully set forth
in said mortgage. A copy of the legal description is setforth 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 resultofthe foregoing, ifnot already paid, Plaintiff shallpay 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
institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
8. Upon information and belief, Plaintiff complied with RPAPL 1304 and RPAPL 1306 unless
exempt from doing so. Moreover, Plaintiff has complied with all conditions precedent contained in the
mortgage, ifany.
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9. To the extent applicable, Plaintiff has complied with allof the pmvisions of Banking Law section
595-a and any rulesand regulations promulgated thereunder, Banking Law sections 6-1 and 6-m.
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 themafter.
11. That by reason of such defaults, Plaintiff hereby 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 interest
thereon from November 01, 2016 plus accumulated late charges together with any sums advanced by the
plaintiffon behalf of defendant.
13. That plaintiff shall 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
all of the defaults mentioned herein; and such election shall continue and remain effective until the costs
and disbursements of this action, and any and all future 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 plaintiff
to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the
mortgaged premises, and any other charges for the 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 that the
same be paid to the plaintiff from the proceeds of the foreclosure sale herein.
15. That the plaintiffalleges that no other proceedings have been had for the recovery of the mortgage
indebtedness or ifany such action is pending, a final judgment was not rendered in favor of Plaintiff and
such action is intended to be discontinued.
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16. That plaintifffurther 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, is subject and
subordinate to the lienof the mortgage being foreclosed.
"B"
17. The description of each of the named party defendants interest isset out on Schedule annexed.
"C"
18. The interest or lien of each of the named party defendants, if any, is set forth in Schedule
annexed.
19. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable
attorneys'
fees incurred by plaintiff to protect or enforce plaintifis security interest in the premises.
20. That the sale of themortgaged premises and titlethereto are subject to the state of factsan accurate
survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record,
and to any and allviolations thereof; any and all building and zoning regulations, restrictions and
orrlinances 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 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, ifany; prior mortgages and judgments, ifany,
now liens of record; right of Redemption of United States of America, if any; 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 toxicsubstances; and otherconditions
as set forth in the terms of sale more particularly to be announced at the sale.
TES SPACE IS INTENTIONALLY LEFT BLANK
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WHEREFORE, plaintiffdemands 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 this action and the filing of the Notice of Pendency thereof,
may be baned and foreclosed of all right, 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;
all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any
and allviolations thereof; any and all building 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 lot lines, and vault charges, if any; 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, ifany; prior mortgages
and judgments, if any, now liens of record; right of Redemption of United States of America, if
any; 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 thesale.
C. Said premises may be decreed to be sold in one parcel according to law subject to the
various items set forthin allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
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E. Plaintiff may 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 for thirty days afterany sale demanded herein for taxes,
water rates, sewer rents, assessments, insurance premiums and other necessary and essential
charges or expenses in connection therewith to protect the mortgage lien, plus sums expended
any
for the protection or preservation of the property covered by said mortgage and note, and the
amount secured thereby, with interest thereon fmm the time of such payment and the costs and
attorneys'
expenses of this action including reasonable fees so far as the amount of such monies
properly applicable thereto will pay the same;
F. The plaintiffbe decreed to be the owner of any and allpersonal used in connection
property
with the said mortgaged premises, except ifdischarged in bankruptcy;
G. The obligors may be adjudged to pay any deficiency which may remain after all
applying
of said monies so applicable thereto unless the obligors were discharged in bankruptcy;
H. awarding the reliefrequested in the additional causes of action stated in the complaint, if
any;
L Plaintiff shall have such other and further reliefor both, in the premises as shallbe just and
equitable.
RAS Boriskin, LLC
Attorney for Plaintiff
BY: 6 /
[ ] THERESA REGIS, ESQ..
900 Merchants Concourse, Suite 106
Westbury, NY 11590
516-280-7675
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SCHEDULE A - LEGAL DESCRIPTION
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BIRLDINGS 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, 100 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.
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SCHEDULE B- PARTY DEFENDANTS
PARTY DEFENDANT DEFENDANT TYPE
MOHAMMED S. ISLAM A/K/A Mortgagor/Obligor/Fee Owner
MOHAMMED ISLAM
NEW YORK STATE Judgment Creditor
DEPARTMENT OF TAXATION
AND FINANCE
NEW YORK CITY PARKING Judgment Creditor
VIOLATIONS BUREAU
NEW YORK CITY Judgment Creditor
ENVIRONMENATAL BOARD
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SCHEDULE C - PARTY INTERESTS
PARTY DEFENDANT REASON NAMED AS PARTY DEFENDANT
MOHAMMED S. ISLAM A/K/A Record owner of property and/or obligor of note and/or mortgage being
MOHAMMED ISLAM foreclosed
NEW YORK STATE Named a party defendant by vittue of the liens docketed in the County
DEPARTMENT OF TAXATION Clerk's Office, a copy of which is attached.
AND FINANCE
NEW YORK CITY PARKING Party Defendant By Virtue of lien docketed in the County Clerk's
VIOLATIONS BUREAU Office Copies of Which Are Attached. To the extent that the judgments
are not attached, named as a party defendant because the docket books
are behind the register's actual indexing date and they may have an
interest in the property being foreclosed.
NEW YORK CITY Party Defendant By Virtue of liendocketed in the County Clerk's
ENVIRONMENATAL BOARD Office Copies of Which Are Attached. To the extent thatthe judgments
are not attached, named as a party defendant because the docket books
are behind the register's actual indexing date and they may have an
interest in the property being foreclosed.
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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 CERTIFICATES SERIES
2006-WMC3,
Plaintiff,
-against-
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW
YORK STATE DEPARTMENT OF TAXATION AND
FINANCE; NEW YORK CITY PARKING VIOLATIONS
"JANE"
BUREAU; ISLAM; HAMED BILA; GULNA BILA;
HARO BILA; MUNISH BILA; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendants.
AMENDED SUMMONS AND COMPLAINT
RAS Boriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 106
Westbury, NY 11590
Telephone: 516-280-7675
Compliance with Rule 130-1.1a
[X] THERESA REGIS , ESQ.
Index No.: 703763/2018
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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 CERTIFICATES SERIES
2006-WMC3,
Plaintiff,
vs.
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU;
"JANE"
ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD,
Defendants.
SUPPLEMENTAL SUMMONS
AND AMENDED COMPLAINT
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
Compliance with Rule 130-1.1a
By: Theresa Regis, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
________________._____________________.____________________________..
X Index No.: 703763/2018
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR MASTR ASSET BACKED SECURITIES TRUST AMENDED NOTICE OF
2006-WMC3 MORTGAGE PASS-THROUGH PENDENCY
CERTIFICATES SERIES 2006-WMC3,
Plaintiff,
vs.
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; NEW YORK CITY PARKING
"JANE"
VIOLATIONS BUREAU; ISLAM; HAMED
BILA; GULNA BILA; HARO BILA; MUNISH BILA;
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD,
Defendants.
________________________...__________________________._______________
X
NOTICE IS HEREBY GIVEN, that an action has been commenced and ispending in this Court
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, County of QUEENS on June 2, 2006 in
CRFN 2006000307477. Said mortgage was assigned to Plaintiff by assignment 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 Modification 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 this notice
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 11433 and by Block 10123, Lot 21.
_IllillRHIRIllIIIIIIIII ElllEllilliglillillHillHIli IMEllllBilillIIII
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TOGETHER with allfixtures 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.
The Clerk of the County of QUEBNS is directed to index this notice to the names of allthe above
#1"
defendants except the defendant "JOHN DOE to "JOHN DOE #12", inclusive
August 30, 2022
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorneys for Plaintsf
BY:
Theresa Regis, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Tel:516-280-7675
Property Address: 10638 156TH STREET, JAMAICA, NY 11433
BLOCK: 10123
LOT: 21
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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;
RUNNING THENCE WESTERLY, AT RIGHT ANGLES TO THE SAID WESTERLY SIDE OF
156TH STREET, 100 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.
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Index Number: 703763/2018
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 CERTIFICATES SERIES 2006-
WMC3,
Plaintiff,
-against-
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW
YORK STATE DEPARTMENT OF TAXATION AND
FINANCE; NEW YORK CITY PARKING VIOLATIONS
"JANE"
BUREAU; ISLAM; HAMED BILA; GULNA BILA;
HARO BILA; MUNISH BILA; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendants.
AMENDED NOTICE OF PENDENCY
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
Compliance with Rule 130-1.1a
Theresa Regis, Esq.
N|llglillilAlilEllAllEllH AllAllglilllAElilllAlllilAHA EllAllAIIIIIHENIIII
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FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 703763/2018 COUNTY OF QUEENS U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff designates QUEENS as FOR MASTR ASSET BACKED SECURITIES TRUST the place of trial situs of the real 2006-WMC3 MORTGAGE PASS-THROUGH property CERTIFICATES SERIES 2006-WMC3, SUPPLEMENTAL Plaintiff, SUMMONS vs. Mortgaged Premises: MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; 10638 156TH STREET, NEW YORK STATE DEPARTMENT OF TAXATION JAMAICA, NY 11433 AND FINANCE; NEW YORK CITY PARKING "JANE" VIOLATIONS BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BLA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. Defendants. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiff's 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 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. IHIIIIIIIIIIIIIIAEllA IMIIIANEIIIIIAMIIIII IMIIIMANAIIIII 17-122516 - WaG 1 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME 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 the 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 the mortgage company 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: August 30, 2022 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorney for Plaintiff BY: Theresa Regis, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 17-122516 - WaG 2 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 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, AMENDED COMPLAINT Plaintiff, vs. Subject Property: 10638 156TH STREET JAMAICA, NY 11433 MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS "JANE" BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. The complaint of the above-named plaintiff, by RAS Boriskin, LLC, its attorneys, alleges upon information and beliefas follows: 1. Plaintiff is organized 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. ISLAM 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 is annexed hereto. 3. Plaintiff, directly or through an agent has complied with all applicable laws in an attempt to establish ownership and/or poss.ession of the subject note and the right to foreclosure of same. Plaintiff 17-122516-WaG 3 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 has possession and control of the original note and mortgage, which note is secured by the mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent that the original note or interim assignments of mortgage are lost or unavailable, Plaintiffhas 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, MOHAMMF© 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 Plaintiff by assignment of mortgage duly executed on a date prior to the filing of the complaint. A copy of said mortgage is annexed hereto. 5. Said mortgage secured the real property known as 10638 156TH STREET, JAMAICA, NEW YORK 11433 and by Block 10123, Lot 21 together with all fixtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged premises, allas ismore fully set forth in said mortgage. A copy of the legal description is setforth 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 resultofthe foregoing, ifnot already paid, Plaintiff shallpay 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 institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 8. Upon information and belief, Plaintiff complied with RPAPL 1304 and RPAPL 1306 unless exempt from doing so. Moreover, Plaintiff has complied with all conditions precedent contained in the mortgage, ifany. 17-122516 - WaG 4 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 9. To the extent applicable, Plaintiff has complied with allof the pmvisions of Banking Law section 595-a and any rulesand regulations promulgated thereunder, Banking Law sections 6-1 and 6-m. 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 themafter. 11. That by reason of such defaults, Plaintiff hereby 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 interest thereon from November 01, 2016 plus accumulated late charges together with any sums advanced by the plaintiffon behalf of defendant. 13. That plaintiff shall 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 all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future 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 plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges for the 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 that the same be paid to the plaintiff from the proceeds of the foreclosure sale herein. 15. That the plaintiffalleges that no other proceedings have been had for the recovery of the mortgage indebtedness or ifany such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 17-122516 - WaG 5 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 16. That plaintifffurther 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, is subject and subordinate to the lienof the mortgage being foreclosed. "B" 17. The description of each of the named party defendants interest isset out on Schedule annexed. "C" 18. The interest or lien of each of the named party defendants, if any, is set forth in Schedule annexed. 19. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable attorneys' fees incurred by plaintiff to protect or enforce plaintifis security interest in the premises. 20. That the sale of themortgaged premises and titlethereto are subject to the state of factsan accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and allviolations thereof; any and all building and zoning regulations, restrictions and orrlinances 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 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, ifany; prior mortgages and judgments, ifany, now liens of record; right of Redemption of United States of America, if any; 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 toxicsubstances; and otherconditions as set forth in the terms of sale more particularly to be announced at the sale. TES SPACE IS INTENTIONALLY LEFT BLANK 17-122516 - WaG 6 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 WHEREFORE, plaintiffdemands 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 this action and the filing of the Notice of Pendency thereof, may be baned and foreclosed of all right, 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; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and allviolations thereof; any and all building 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 lot lines, and vault charges, if any; 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, ifany; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; 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 thesale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forthin allegations of the complaint herein; D. The monies arising from the sale may be brought into court; 17-122516 - WaG 7 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 E. Plaintiff may 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 for thirty days afterany sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus sums expended any for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon fmm the time of such payment and the costs and attorneys' expenses of this action including reasonable fees so far as the amount of such monies properly applicable thereto will pay the same; F. The plaintiffbe decreed to be the owner of any and allpersonal used in connection property with the said mortgaged premises, except ifdischarged in bankruptcy; G. The obligors may be adjudged to pay any deficiency which may remain after all applying of said monies so applicable thereto unless the obligors were discharged in bankruptcy; H. awarding the reliefrequested in the additional causes of action stated in the complaint, if any; L Plaintiff shall have such other and further reliefor both, in the premises as shallbe just and equitable. RAS Boriskin, LLC Attorney for Plaintiff BY: 6 / [ ] THERESA REGIS, ESQ.. 900 Merchants Concourse, Suite 106 Westbury, NY 11590 516-280-7675 17-122516 - WaG 8 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 SCHEDULE A - LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BIRLDINGS 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, 100 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 - WaG 9 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 SCHEDULE B- PARTY DEFENDANTS PARTY DEFENDANT DEFENDANT TYPE MOHAMMED S. ISLAM A/K/A Mortgagor/Obligor/Fee Owner MOHAMMED ISLAM NEW YORK STATE Judgment Creditor DEPARTMENT OF TAXATION AND FINANCE NEW YORK CITY PARKING Judgment Creditor VIOLATIONS BUREAU NEW YORK CITY Judgment Creditor ENVIRONMENATAL BOARD 17-122516 - WaG 10 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 SCHEDULE C - PARTY INTERESTS PARTY DEFENDANT REASON NAMED AS PARTY DEFENDANT MOHAMMED S. ISLAM A/K/A Record owner of property and/or obligor of note and/or mortgage being MOHAMMED ISLAM foreclosed NEW YORK STATE Named a party defendant by vittue of the liens docketed in the County DEPARTMENT OF TAXATION Clerk's Office, a copy of which is attached. AND FINANCE NEW YORK CITY PARKING Party Defendant By Virtue of lien docketed in the County Clerk's VIOLATIONS BUREAU Office Copies of Which Are Attached. To the extent that the judgments are not attached, named as a party defendant because the docket books are behind the register's actual indexing date and they may have an interest in the property being foreclosed. NEW YORK CITY Party Defendant By Virtue of liendocketed in the County Clerk's ENVIRONMENATAL BOARD Office Copies of Which Are Attached. To the extent thatthe judgments are not attached, named as a party defendant because the docket books are behind the register's actual indexing date and they may have an interest in the property being foreclosed. 17-122516 - WaG 11 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 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 CERTIFICATES SERIES 2006-WMC3, Plaintiff, -against- MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS "JANE" BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. AMENDED SUMMONS AND COMPLAINT RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 106 Westbury, NY 11590 Telephone: 516-280-7675 Compliance with Rule 130-1.1a [X] THERESA REGIS , ESQ. Index No.: 703763/2018 17-122516 - WaG 12 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 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 CERTIFICATES SERIES 2006-WMC3, Plaintiff, vs. MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU; "JANE" ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. SUPPLEMENTAL SUMMONS AND AMENDED COMPLAINT Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 Compliance with Rule 130-1.1a By: Theresa Regis, ESQ. 17-122516 - WaG 13 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ________________._____________________.____________________________.. X Index No.: 703763/2018 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST AMENDED NOTICE OF 2006-WMC3 MORTGAGE PASS-THROUGH PENDENCY CERTIFICATES SERIES 2006-WMC3, Plaintiff, vs. MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING "JANE" VIOLATIONS BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. ________________________...__________________________._______________ X NOTICE IS HEREBY GIVEN, that an action has been commenced and ispending in this Court 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, County of QUEENS on June 2, 2006 in CRFN 2006000307477. Said mortgage was assigned to Plaintiff by assignment 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 Modification 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 this notice 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 11433 and by Block 10123, Lot 21. _IllillRHIRIllIIIIIIIII ElllEllilliglillillHillHIli IMEllllBilillIIII 17-122516 -MaM Drafter: 14 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 TOGETHER with allfixtures 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. The Clerk of the County of QUEBNS is directed to index this notice to the names of allthe above #1" defendants except the defendant "JOHN DOE to "JOHN DOE #12", inclusive August 30, 2022 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintsf BY: Theresa Regis, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Tel:516-280-7675 Property Address: 10638 156TH STREET, JAMAICA, NY 11433 BLOCK: 10123 LOT: 21 17-122516 - MaM Drafter: 15 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 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; RUNNING THENCE WESTERLY, AT RIGHT ANGLES TO THE SAID WESTERLY SIDE OF 156TH STREET, 100 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 - MaM Drafter: 16 of 17 FILED: QUEENS COUNTY CLERK 09/06/2022 11:21 AM INDEX NO. 703763/2018 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 09/06/2022 Index Number: 703763/2018 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 CERTIFICATES SERIES 2006- WMC3, Plaintiff, -against- MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS "JANE" BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. AMENDED NOTICE OF PENDENCY Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 Compliance with Rule 130-1.1a Theresa Regis, Esq. N|llglillilAlilEllAllEllH AllAllglilllAElilllAlllilAHA EllAllAIIIIIHENIIII 17-122516 - WaG 17 of 17