Preview
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
EXHIBIT B
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
!
ONEWEST BANK, FSB,
NOTICE OF
PENDENCY
Plaintiff, OF ACTION
vs
YVONNE THORNEY;
HOUSEHOLD FINANCE CORP III;
DOE" DOE"
"JOHN AND "JANE said Index No.
names being fictitious, itbeing the intention
of Plaintiff to designate any and all occupants
of premises being foreclosed herein,
Defendants.
NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending
in the Supreme Court of KINGS County upon the Complaint of the above plaintiff against the
above named defendant(s) for the foreclosure of a mortgage bearing the date August 25, 2006,
executed by YVONNE THORNEY, to secure the sum of $397,850.00 and recorded in CRFN
2006000644925, in the Office of the Clerk of the County of KINGS on November 20, 2006, said
mortgage was then assigned by Mortgage Electronic Registration Systems, Inc., as nominee for
IndyMac Bank, F.S.B. to the Plaintiff by virtue of an Assignment of Mortgage, recorded in the
KINGS County Clerk's Office on June 7, 2010, in CRFN 2010000188208.
AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such
mortgage(s) affected by the said foreclosure action, were, at the time of the commencement of
this action, and at the time of the filing of this Notice, situated in the County of KINGS and State
- Description"
of New York, and are described in "Schedule A Legal attached hereto and made a
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
.
part hereof.
.
The Clerk of the County of KINGS, is directed to index this Notice against the names of
allthe defendant(s).
DATED: June 10, 2010 / ,
Mark K. royles, .
FEIN, SUCH & CRANE, LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
84™
Property Address: 940 E STREET, BROOKLYN, NY 11236
Also known as Tax Lot 53 inBlock 8020 on the Tax Assessment map of the BOROUGH of
BROOKLYN, NY 11236.
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
that certain. piece or parcel, of with the b dings and impravements thereon
All p ot, land,
erected, situate, Jying and being in the Bomugh.of Brooldyn, County of Kings, City and Stateof .
New York, known and designated as northerly 1/2 of lot 659 and 658, on map entitled Section 3
property of Avenue G. Co. Surveyed November 1916, by John Middleton, filed Dealer 23,
no. 1936, and filed in the Office of the kegister of Kings County, bounded asid
1981, map
described as follows:
13BGINNING at a point on the westerly side of Bast 84th Street,distant 370 feet northerly from
the comer formed by theintenecdon of the westerly side of Bast 84th Street, with the northerly
side of Avenue J;
TÑBNCE westerly parabel with Avenue J, 100 feet;
THBNCE northerly parallel with East 84th Street 30 feet;
THENCE easterly parallel with Avenue J, 100 feet to the westerly side of East 84th Street;
the side of 84th 30 feet to the point or place. of
. THENCB southerly along westerly Street,
·
BEGINNING.
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
MARK K. BROYLES, an attorney duly licensed to practice in the State of New York,
and a partner in the law finn of Fein, Such & Crane, LLP, certifies with regard to the
following papers and/or documents:
___ NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN
FILED
SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCV)
AFFIDAVITS IN SUPPORT OF THE MORTION FOR SUMMARY JUDGMENT
- OF SERVICE
AFFIDAVITS
NOTICE OF PENDENCY OF ACTION
SUMMONS
COMPLAINT
ANSWER
AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
REFEREE'S OATH & REPORT OF AMOUNT DUE
REFEREE'S REPORT OF SALE
STIPULATION TO CANCEL LIS PENDENS
AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
MEMORANDUM & TERMS OF SALE
ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMEÑT OF FORECLOSURE &
SALE
ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE &
SALE
ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF
- FORECLOSURE
AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY
JUDGMENT
FOREBEARANCE AGREEMENT
ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY
. PUBLICATION
ATTORNEY AFFIRMATION OF REGULARITY
that to his knowledge, infonnation and belief, formed after an inquiry reasonable under
the circumstances, the presentation of the paper or contentions therein are not frivolous as
defined in subsection © of section 130-1.1 of the Rules of the Chief Administrator
[22NYCRR 130-1.1 ©].
Dated ark K. Broyl s,Esq.
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF KINGS
-----------------------------------------------------------------X
HSBC BANK USA, NA AS TRUSTEE FOR THE LMT INDEX No.: 14520/10
2006-7 TRUST FUND
NOTICE OF
Plaintiff PENDENCY
-against- BL #: 8020 - 53
RECEBED
YVONNE THORNEY
HOUSEHOLD FINANCE CORP III 13
KEITH LEE, Defendants.
------------------------____---------------------------------X
NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in this
Court upon the complaint of plaintiff against the above named defendants for foreclosure of a
Mortgage dated August 25, 2006 in the principal amount of $397,850.00 executed by defendant
Yvonne Thorney to Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac
Bank, F.S.B. and recorded in the Office of the City Register of the city of New York on
November 20, 2006 in CRFN 2006000644925.
Said mortgage was assigned from Mortgage Electronic Registration Systems, Inc., as
nominee for IndyMac Bank, F.S.B. to OneWest Bank, F.S.B., by Assignment of Mortgage dated
May 24, 2010 recorded on June 7, 2010 in CREN 2010000188208 in the Office of the County
Clerk of Kings County. Said mortgage was then assigned fiom OneWest Bank, F.S.B., to HSBC
Bank USA, NA by assignment of mortgage dated July 28, 2011 and recorded on August ]6,
2011.
AND NOTICE IS FURTHER GIVEN, that the premises affected by this foreclosure
action, at the commencement of said action, and at the time of filing this notice are located at 940
E 84Th Street, Brooklyn, New York 11236 County of Kings, and State of New York, are
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
designated as Block 8020 - 53 and are described in said mortgage in the manner set forth in
Exhibit A annexed hereto and made a part hereof.
The County Clerk of the County of Kings is directed to index this notice to the names of
the defendants.
McCABE, WEI ERG CO WAY, LLC
Dated: O By:
New helle, NY DEANATITÈlT--EfQ.
Attorneys for Plaintiff
145 Huguenot Street, Suite 210
New Rochelle, NY 10801
914-636-8900
914-636-8901 facsimile
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
that certain. piec.e or parcel, of land, with the buildings and improvements thereon
All plot,
situató, ,lying and being in the Borough.of Brooklyn, County of Kings, City and State of
erected,
New known and dcdgiisted as northerly 1/2 of lot 659 and 658, on map entitledSection 3
York,
of Avenue G. Co. Surveyed November 1916, by John Middleton, filed Deceniber 23,
property
no. 1936, and filed in the Office of the itegister of Kings County, bounded arid
1981, map
describéd as follows:
BEGBOTING at a point on the westerly side of Bast 84th Street,distant 370 feet northerly,from
the corner founed by the ird=ª=fen of the westerly side of Bast 84th Street,with the northerly
®
side of Avenue J; .
THENCE westerly parabel with Avenue J, 100 feet; .
THENCE northerly parallel with East 84th Street30 feet
THENCE easterly parallel with Avenue J, 100 feet to the westeñy side of East 84th Street;
THENCB along the westerly side of 84th Street, 30 feet to the point or place of
southerly
BEGINNING.
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021
Index No. 14520/10
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
HSBC BANK USA, NA AS TRUSTEE FOR THE LMT 2006-7
TRUST FUND,
PLAINTIFF,
-AGAINST-
YVONNE THORNEY
HOUSEHOLD FINANCE CORP III
KEITH LEE,
DEFENDANTS.
NOTICE OF PENDENCY
____.
McCABE, WEISBERG & CONWAY, LLC
Attorneys for PLAINTIFF
]45 Huguenot St.,Suite 210
New Rochelle, NY 10801
914.636.8900
914.636.8901 facsimile
===========================-=
Preview
FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 EXHIBIT B FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS ! ONEWEST BANK, FSB, NOTICE OF PENDENCY Plaintiff, OF ACTION vs YVONNE THORNEY; HOUSEHOLD FINANCE CORP III; DOE" DOE" "JOHN AND "JANE said Index No. names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending in the Supreme Court of KINGS County upon the Complaint of the above plaintiff against the above named defendant(s) for the foreclosure of a mortgage bearing the date August 25, 2006, executed by YVONNE THORNEY, to secure the sum of $397,850.00 and recorded in CRFN 2006000644925, in the Office of the Clerk of the County of KINGS on November 20, 2006, said mortgage was then assigned by Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B. to the Plaintiff by virtue of an Assignment of Mortgage, recorded in the KINGS County Clerk's Office on June 7, 2010, in CRFN 2010000188208. AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such mortgage(s) affected by the said foreclosure action, were, at the time of the commencement of this action, and at the time of the filing of this Notice, situated in the County of KINGS and State - Description" of New York, and are described in "Schedule A Legal attached hereto and made a FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 . part hereof. . The Clerk of the County of KINGS, is directed to index this Notice against the names of allthe defendant(s). DATED: June 10, 2010 / , Mark K. royles, . FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 84™ Property Address: 940 E STREET, BROOKLYN, NY 11236 Also known as Tax Lot 53 inBlock 8020 on the Tax Assessment map of the BOROUGH of BROOKLYN, NY 11236. FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES that certain. piece or parcel, of with the b dings and impravements thereon All p ot, land, erected, situate, Jying and being in the Bomugh.of Brooldyn, County of Kings, City and Stateof . New York, known and designated as northerly 1/2 of lot 659 and 658, on map entitled Section 3 property of Avenue G. Co. Surveyed November 1916, by John Middleton, filed Dealer 23, no. 1936, and filed in the Office of the kegister of Kings County, bounded asid 1981, map described as follows: 13BGINNING at a point on the westerly side of Bast 84th Street,distant 370 feet northerly from the comer formed by theintenecdon of the westerly side of Bast 84th Street, with the northerly side of Avenue J; TÑBNCE westerly parabel with Avenue J, 100 feet; THBNCE northerly parallel with East 84th Street 30 feet; THENCE easterly parallel with Avenue J, 100 feet to the westerly side of East 84th Street; the side of 84th 30 feet to the point or place. of . THENCB southerly along westerly Street, · BEGINNING. FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 MARK K. BROYLES, an attorney duly licensed to practice in the State of New York, and a partner in the law finn of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents: ___ NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCV) AFFIDAVITS IN SUPPORT OF THE MORTION FOR SUMMARY JUDGMENT - OF SERVICE AFFIDAVITS NOTICE OF PENDENCY OF ACTION SUMMONS COMPLAINT ANSWER AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT REFEREE'S OATH & REPORT OF AMOUNT DUE REFEREE'S REPORT OF SALE STIPULATION TO CANCEL LIS PENDENS AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS MEMORANDUM & TERMS OF SALE ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMEÑT OF FORECLOSURE & SALE ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF - FORECLOSURE AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT FOREBEARANCE AGREEMENT ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY . PUBLICATION ATTORNEY AFFIRMATION OF REGULARITY that to his knowledge, infonnation and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or contentions therein are not frivolous as defined in subsection © of section 130-1.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1 ©]. Dated ark K. Broyl s,Esq. FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF KINGS -----------------------------------------------------------------X HSBC BANK USA, NA AS TRUSTEE FOR THE LMT INDEX No.: 14520/10 2006-7 TRUST FUND NOTICE OF Plaintiff PENDENCY -against- BL #: 8020 - 53 RECEBED YVONNE THORNEY HOUSEHOLD FINANCE CORP III 13 KEITH LEE, Defendants. ------------------------____---------------------------------X NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in this Court upon the complaint of plaintiff against the above named defendants for foreclosure of a Mortgage dated August 25, 2006 in the principal amount of $397,850.00 executed by defendant Yvonne Thorney to Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B. and recorded in the Office of the City Register of the city of New York on November 20, 2006 in CRFN 2006000644925. Said mortgage was assigned from Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B. to OneWest Bank, F.S.B., by Assignment of Mortgage dated May 24, 2010 recorded on June 7, 2010 in CREN 2010000188208 in the Office of the County Clerk of Kings County. Said mortgage was then assigned fiom OneWest Bank, F.S.B., to HSBC Bank USA, NA by assignment of mortgage dated July 28, 2011 and recorded on August ]6, 2011. AND NOTICE IS FURTHER GIVEN, that the premises affected by this foreclosure action, at the commencement of said action, and at the time of filing this notice are located at 940 E 84Th Street, Brooklyn, New York 11236 County of Kings, and State of New York, are FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 designated as Block 8020 - 53 and are described in said mortgage in the manner set forth in Exhibit A annexed hereto and made a part hereof. The County Clerk of the County of Kings is directed to index this notice to the names of the defendants. McCABE, WEI ERG CO WAY, LLC Dated: O By: New helle, NY DEANATITÈlT--EfQ. Attorneys for Plaintiff 145 Huguenot Street, Suite 210 New Rochelle, NY 10801 914-636-8900 914-636-8901 facsimile FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES that certain. piec.e or parcel, of land, with the buildings and improvements thereon All plot, situató, ,lying and being in the Borough.of Brooklyn, County of Kings, City and State of erected, New known and dcdgiisted as northerly 1/2 of lot 659 and 658, on map entitledSection 3 York, of Avenue G. Co. Surveyed November 1916, by John Middleton, filed Deceniber 23, property no. 1936, and filed in the Office of the itegister of Kings County, bounded arid 1981, map describéd as follows: BEGBOTING at a point on the westerly side of Bast 84th Street,distant 370 feet northerly,from the corner founed by the ird=ª=fen of the westerly side of Bast 84th Street,with the northerly ® side of Avenue J; . THENCE westerly parabel with Avenue J, 100 feet; . THENCE northerly parallel with East 84th Street30 feet THENCE easterly parallel with Avenue J, 100 feet to the westeñy side of East 84th Street; THENCB along the westerly side of 84th Street, 30 feet to the point or place of southerly BEGINNING. FILED: KINGS COUNTY CLERK 03/24/2021 03:18 PM INDEX NO. 14520/2010 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2021 Index No. 14520/10 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS HSBC BANK USA, NA AS TRUSTEE FOR THE LMT 2006-7 TRUST FUND, PLAINTIFF, -AGAINST- YVONNE THORNEY HOUSEHOLD FINANCE CORP III KEITH LEE, DEFENDANTS. NOTICE OF PENDENCY ____. McCABE, WEISBERG & CONWAY, LLC Attorneys for PLAINTIFF ]45 Huguenot St.,Suite 210 New Rochelle, NY 10801 914.636.8900 914.636.8901 facsimile ===========================-=