Preview
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/08/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
NYCTL 2017-A TRUST, and THE BANK OF NEW
YORK MELLON as Collateral Agent and Custodian for |
the NYCTL 2017-A Trust, | Index No.: 703731/18
'
Plaintiffs,
I
I
- against - |
| AFFIDAVIT
48-17 25th AVENUE REALTY LLC, NEW YORK CITY |
DEPARTMENT OF FINANCE, NEW YORK STATE |
DEPARTMENT OF TAXATION AND FINANCE, NEW |i Borough: Queens
YORK CITY ENVIRONMENTAL CONTROL BOARD, |i Block: 746
1"
FLORA CO. and "JOHN DOE No. through "JOHN Lot: 92
100"
DOE No. inclusive, the names of the last 100
I
defendants being fictitious, the true names of said
I
defendants being unknown to plaintiff, itbeing intended to
designate fee owners, tenants or occupants of the liened
premises and/or persons or parties having or claiming an
interest in or a lien upon the liened premises, if the
aforesaid individual defendants are living, and if any or all
of said individual defendants be dead, their heirs at law,
,'
next of kin, distributees, executors, administrators, trustees, |
committees, devisees, legatees, and the assignees, lienors, |
creditors and successors in interest of them, and generally |
all persons having or claiming under, by, through, or |
against the said defendants named as a class, of any right, |
title, or interest in or lien upon the premises described in |
the complaint herein, |
I
I
Defendants. |
STATE OF NEW JERSEY )
: ss.:
COUNTY OF MORRIS )
Kurt Shadle, being duly sworn, deposes and says:
("Tower"
1. I am a Managing Director of Tower Capital Management, LLC, ("Tower") the
servicing agent for Plaintiffs ("Servicer"), who are the holders of the tax lien certificate being
foreclosed in this action (the "Tax Lien.") Pursuant to a servicing agreement dated June 1, 2017,
Agreement"
(the "Servicing Agreement") Tower, in its capacity as Servicer, manages and administers the
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collection and foreclosure of tax liens held by Plaintiffs, including the subject Tax Lien.
2. Pursuant to Article II, Section 2.01 of said Servicing Agreement, Servicer has full
power and authority to "prepare, execute, acknowledge and deliver, in connection with any
foreclosure action... on behalf of the applicable parties to this Agreement, the following
documents: (i) affidavit of verification of debt, (ii)affidavit in support of default judgment, (iii)
affidavit in support in support of motion for summary judgment, (iv) affidavit regarding testimony
before referee, (v) computation of amount due, (vi) combined verification, oath and designation
regarding the appointment of an administrator with the surrogate court and (vii) such other oaths,
action."
affidavits and/or documents as may be necessary for the prosecution of the foreclosure
3. I am responsible for maintaining the books and records pertaining to the Tax Lien
which is the subject of the within action. The action was brought by Plaintiffs against 48-17 25th
AVENUE REALTY LLC for said defendant's failure to pay the Tax Lien's balance.
4. I note that, in the process of assembling and setting forth the information pertaining
defendants'
to the Tax Lien, the interest accruing thereon and default in payment, Servicer utilizes
the assistance of a computer system hereinafter referred to as TEAM, to store and maintain data
with respect to the tax liens it services. Servicer has custody and control over the information and
material entered and contained with respect to all computer-stored data in TEAM, concerning all
tax liens within its purview. Said computer-stored data is prepared and maintained in the ordinary
scope of Servicer's business. It is part of Servicer's regular course of business to keep and
maintain records of this type.
5. With respect to the subject Tax Lien, which is being serviced by Servicer pursuant
to said Servicing Agreement, Servicer designated said lien, as same derives from Tax Lien
Certificate 4A, dated August 3, 2017, recorded on August 15, 2017, under CRFN
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No."
2017000303430, a specific and unique TEAM Identification Number (hereinafter "ID or
"ID,") namely, ID No. 901030. The ID is linked directly to the information stored in TEAM
relating to the Tax Lien and the real property being foreclosed herein, which property is known as
Block 746 Lot 92 on the Tax Map of QUEENS County and is also known as 24-48 49th Street,
Astoria, New York (the "Property.") The ID is a reference number which is one of the ways used
to access information concerning the Tax Lien within TEAM.
6. To prepare, execute and assure accuracy of this Affidavit of Facts, I have
personally entered ID No. 901030 and retrieved the computer-stored data with respect to the Tax
shot" printout"
Lien and the Property. Annexed hereto is a "screen or "computer reflecting some
of the computer-stored data for ID No. 901030 relating to the instant Tax Lien as well as the
corresponding account. I have personally compared the data reflected in said printout with the
electronic record contained in the computer, found same to be identical, and that the account
history accurately reflects the amount owed on the underlying lien.
7. Based on the foregoing, I submit that defendants have failed to pay the amount due
defendants'
on the Tax Lien to Plaintiffs. As a result of default, there is now due and owing to
Plaintiffs the original amount of the lien, namely, $80,118.71, together with interest, surcharges,
penalties, additions, expenses, attorney's fees, and the costs and disbu m s of this action, less
payments, if any, made on account.
Kurt Shadle
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ACKNOWLEDGMENT OUTSIDE OF NEW YORK STATE
STATE OF NEW JERSEY )
: ss.:
COUNTY OF MORRIS )
On the 2 day of April in the year 2018 before me, the undersigned, personally appeared Kurt Shadle,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument, and that such individual made such appearance before the
undersigned in Morristown, New Jersey, County of Morris.
Notary P blic
y Commission Expires:
JOHNP. DAVEY
Commission # 2453646
Notary Public, State of New Jersey
My Commission Expires
September 2tt, 2020
L
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Preview
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/08/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS NYCTL 2017-A TRUST, and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian for | the NYCTL 2017-A Trust, | Index No.: 703731/18 ' Plaintiffs, I I - against - | | AFFIDAVIT 48-17 25th AVENUE REALTY LLC, NEW YORK CITY | DEPARTMENT OF FINANCE, NEW YORK STATE | DEPARTMENT OF TAXATION AND FINANCE, NEW |i Borough: Queens YORK CITY ENVIRONMENTAL CONTROL BOARD, |i Block: 746 1" FLORA CO. and "JOHN DOE No. through "JOHN Lot: 92 100" DOE No. inclusive, the names of the last 100 I defendants being fictitious, the true names of said I defendants being unknown to plaintiff, itbeing intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties having or claiming an interest in or a lien upon the liened premises, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, ,' next of kin, distributees, executors, administrators, trustees, | committees, devisees, legatees, and the assignees, lienors, | creditors and successors in interest of them, and generally | all persons having or claiming under, by, through, or | against the said defendants named as a class, of any right, | title, or interest in or lien upon the premises described in | the complaint herein, | I I Defendants. | STATE OF NEW JERSEY ) : ss.: COUNTY OF MORRIS ) Kurt Shadle, being duly sworn, deposes and says: ("Tower" 1. I am a Managing Director of Tower Capital Management, LLC, ("Tower") the servicing agent for Plaintiffs ("Servicer"), who are the holders of the tax lien certificate being foreclosed in this action (the "Tax Lien.") Pursuant to a servicing agreement dated June 1, 2017, Agreement" (the "Servicing Agreement") Tower, in its capacity as Servicer, manages and administers the { 11529787:1} 901030 304650.1623 1 of 6 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/08/2018 collection and foreclosure of tax liens held by Plaintiffs, including the subject Tax Lien. 2. Pursuant to Article II, Section 2.01 of said Servicing Agreement, Servicer has full power and authority to "prepare, execute, acknowledge and deliver, in connection with any foreclosure action... on behalf of the applicable parties to this Agreement, the following documents: (i) affidavit of verification of debt, (ii)affidavit in support of default judgment, (iii) affidavit in support in support of motion for summary judgment, (iv) affidavit regarding testimony before referee, (v) computation of amount due, (vi) combined verification, oath and designation regarding the appointment of an administrator with the surrogate court and (vii) such other oaths, action." affidavits and/or documents as may be necessary for the prosecution of the foreclosure 3. I am responsible for maintaining the books and records pertaining to the Tax Lien which is the subject of the within action. The action was brought by Plaintiffs against 48-17 25th AVENUE REALTY LLC for said defendant's failure to pay the Tax Lien's balance. 4. I note that, in the process of assembling and setting forth the information pertaining defendants' to the Tax Lien, the interest accruing thereon and default in payment, Servicer utilizes the assistance of a computer system hereinafter referred to as TEAM, to store and maintain data with respect to the tax liens it services. Servicer has custody and control over the information and material entered and contained with respect to all computer-stored data in TEAM, concerning all tax liens within its purview. Said computer-stored data is prepared and maintained in the ordinary scope of Servicer's business. It is part of Servicer's regular course of business to keep and maintain records of this type. 5. With respect to the subject Tax Lien, which is being serviced by Servicer pursuant to said Servicing Agreement, Servicer designated said lien, as same derives from Tax Lien Certificate 4A, dated August 3, 2017, recorded on August 15, 2017, under CRFN {11529787:1} 901030 3046S0.1623 2 of 6 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/08/2018 No." 2017000303430, a specific and unique TEAM Identification Number (hereinafter "ID or "ID,") namely, ID No. 901030. The ID is linked directly to the information stored in TEAM relating to the Tax Lien and the real property being foreclosed herein, which property is known as Block 746 Lot 92 on the Tax Map of QUEENS County and is also known as 24-48 49th Street, Astoria, New York (the "Property.") The ID is a reference number which is one of the ways used to access information concerning the Tax Lien within TEAM. 6. To prepare, execute and assure accuracy of this Affidavit of Facts, I have personally entered ID No. 901030 and retrieved the computer-stored data with respect to the Tax shot" printout" Lien and the Property. Annexed hereto is a "screen or "computer reflecting some of the computer-stored data for ID No. 901030 relating to the instant Tax Lien as well as the corresponding account. I have personally compared the data reflected in said printout with the electronic record contained in the computer, found same to be identical, and that the account history accurately reflects the amount owed on the underlying lien. 7. Based on the foregoing, I submit that defendants have failed to pay the amount due defendants' on the Tax Lien to Plaintiffs. As a result of default, there is now due and owing to Plaintiffs the original amount of the lien, namely, $80,118.71, together with interest, surcharges, penalties, additions, expenses, attorney's fees, and the costs and disbu m s of this action, less payments, if any, made on account. Kurt Shadle { 11529787: 11 901030 304650.1623 3 of 6 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/08/2018 ACKNOWLEDGMENT OUTSIDE OF NEW YORK STATE STATE OF NEW JERSEY ) : ss.: COUNTY OF MORRIS ) On the 2 day of April in the year 2018 before me, the undersigned, personally appeared Kurt Shadle, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in Morristown, New Jersey, County of Morris. Notary P blic y Commission Expires: JOHNP. DAVEY Commission # 2453646 Notary Public, State of New Jersey My Commission Expires September 2tt, 2020 L {1 1529787:1} 901030 304650.1623 4 of 6 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/08/2018 Qaue om.-nm - a v ,m•o n,4,meneoemisewww.ei 5.,,-, ne,.a !At~ul Fearem 53:" aQo ø n;Qglgg g QO (0 peenMarred su»aonef AnttIknlnt snr 5«UM tweuOlfe If< Dupupa fttt Mr( «cD» Input vaa Fer Report rdeareon 44