Preview
FILED: QUEENS COUNTY CLERK 04/18/2018 03:58 PM INDEX NO. 704576/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/18/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF QUEENS
__
JPMORGAN CHASE BANK, N.A.,
NOTICE OF
PENDENCY
Plaintiff, OF ACTION
PURSUANT
TO RPAPL 5 1331
(Mortgage Foreclosure)
vs
NOEL BALANZAT A/K/A NOEL B. BALANZAT;
FIA CARD SERVICES, N.A.;
DOE" DOE"
"JOHN AND "JANE said Index No. 704576/2018
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 QUEENS County upon the Complaint of the above plaintiff against the
above named defendant(s) for the foreclosure of a mortgage bearing the date February 2, 2007,
executed by NOEL BALANZAT A/K/A NOEL B. BALANZAT, to secure the sum of
$142,000.00 and recorded in CRFN 2007000109335, in the Office of the City Register of the
City of New York on February 28, 2007.
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 QUEENS and
- Description"
State of New York, and are described in "Schedule A Legal attached hereto and
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/18/2018
made a part hereof.
AND, NOTICE IS FURTHER GIVEN, that this Notice Pendency is being filed pursuant
to N.Y.R.P.A.P.L. § 1331 which requires a Notice Pendency be filed at least 20 days before the
entry of a Judgment of Foreclosure and Sale: this Notice of pendency is also filed pursuant to
section 6516(a) of the New York Civil Practice Law and Rules as amended by Chapter 387 of the
Laws of 2005, effective August 2, 2005, and case law allowing the successive filings ofNotices
of Pendency in a Mortgage Foreclosure to wit: Wasserman v. Harriman, 234 A.D.2d 596 (2d
(13'
Dept. 1996); Campbell v. Smith, 309 A.D.2d 581 Dept. 2003). Said filing does not prejudice
the defendant in that the underlying mortgage encumbers the property with or without the filing
of this notice of pendency.
The Clerk of the County of QUEENS, is directed to index this Notice against the names
of all the defendant(s).
DATED: April I ~22018
2018
Mark K. royles, Esq.
SUCH & Cl - LLP
FEIN, NE,
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
CHNC1376
7™ 7™
Property Address: 119-44 AVENUE, COLLEGE POINT, NY 11356 A/K/A 11944 7
7™
AVENUE. COLLEGE POINT, NY 1 1356-1006 A/K/A 11944 7 AVENUE, FLUSHING, NY
11356-1006
Also known as: Block: 3938 at Lot: 28 on the Tax Assessment map of the BOROUGH of
QUEENS, NY 11356.
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FILED: QUEENS COUNTY CLERK 04/18/2018 03:58 PM INDEX NO. 704576/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/18/2018
"A"
SCHEDULE 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 southerly side of 7th Avenue, distant 153.79 feet
westerly from the corner formed by the intersection of the westerly side of
College Place with the southerly side of 7th Avenue;
RUNNING THENCE southerly at right angles to 7th Avenue, 97.70 feet;
THENCE westerly and parallel or nearly with 7th Avenue, 28.02 feet to a point
distant southerly from and at right angles to 7th Avenue 96.79 feet;
THENCE northerly and at right angles to 7th Avenue, 96.79 feet to the
southerly side of 7th Avenue;
THENCE easterly along same, 28 feet to the point or place of BEGINNING.
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Mark K. Broyles, ESQ..,..an attorney duly licensed to practice in the State of New York, and a partner in
the law firm 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 TENANCY)
AFFIDAVITS IN SUPPORT OF THE MORTION FOR SUMMARY JUDGMENT
AFFIDAVITS OF SERVICE
X NOTICE OF PENDENCY OF ACTION (additional)
SUMMONS
COMPLAINT
AMENDED NOTICE OF PENDENCY OF ACTION
SUPPLEMENTAL SUMMONS
AMENDED 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 JUDGMENT OF FORECLOSURE &
SALE
ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE &
SALE
ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF
FORECLOSURE
AFFlRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
AFFlDAVIT lN 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, information 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 ©].
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FILED: QUEENS COUNTY CLERK 04/18/2018 03:58 PM INDEX NO. 704576/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/18/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF QUEENS __ JPMORGAN CHASE BANK, N.A., NOTICE OF PENDENCY Plaintiff, OF ACTION PURSUANT TO RPAPL 5 1331 (Mortgage Foreclosure) vs NOEL BALANZAT A/K/A NOEL B. BALANZAT; FIA CARD SERVICES, N.A.; DOE" DOE" "JOHN AND "JANE said Index No. 704576/2018 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 QUEENS County upon the Complaint of the above plaintiff against the above named defendant(s) for the foreclosure of a mortgage bearing the date February 2, 2007, executed by NOEL BALANZAT A/K/A NOEL B. BALANZAT, to secure the sum of $142,000.00 and recorded in CRFN 2007000109335, in the Office of the City Register of the City of New York on February 28, 2007. 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 QUEENS and - Description" State of New York, and are described in "Schedule A Legal attached hereto and 1 of 4 FILED: QUEENS COUNTY CLERK 04/18/2018 03:58 PM INDEX NO. 704576/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/18/2018 made a part hereof. AND, NOTICE IS FURTHER GIVEN, that this Notice Pendency is being filed pursuant to N.Y.R.P.A.P.L. § 1331 which requires a Notice Pendency be filed at least 20 days before the entry of a Judgment of Foreclosure and Sale: this Notice of pendency is also filed pursuant to section 6516(a) of the New York Civil Practice Law and Rules as amended by Chapter 387 of the Laws of 2005, effective August 2, 2005, and case law allowing the successive filings ofNotices of Pendency in a Mortgage Foreclosure to wit: Wasserman v. Harriman, 234 A.D.2d 596 (2d (13' Dept. 1996); Campbell v. Smith, 309 A.D.2d 581 Dept. 2003). Said filing does not prejudice the defendant in that the underlying mortgage encumbers the property with or without the filing of this notice of pendency. The Clerk of the County of QUEENS, is directed to index this Notice against the names of all the defendant(s). DATED: April I ~22018 2018 Mark K. royles, Esq. SUCH & Cl - LLP FEIN, NE, Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 CHNC1376 7™ 7™ Property Address: 119-44 AVENUE, COLLEGE POINT, NY 11356 A/K/A 11944 7 7™ AVENUE. COLLEGE POINT, NY 1 1356-1006 A/K/A 11944 7 AVENUE, FLUSHING, NY 11356-1006 Also known as: Block: 3938 at Lot: 28 on the Tax Assessment map of the BOROUGH of QUEENS, NY 11356. 2 of 4 FILED: QUEENS COUNTY CLERK 04/18/2018 03:58 PM INDEX NO. 704576/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/18/2018 "A" SCHEDULE 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 southerly side of 7th Avenue, distant 153.79 feet westerly from the corner formed by the intersection of the westerly side of College Place with the southerly side of 7th Avenue; RUNNING THENCE southerly at right angles to 7th Avenue, 97.70 feet; THENCE westerly and parallel or nearly with 7th Avenue, 28.02 feet to a point distant southerly from and at right angles to 7th Avenue 96.79 feet; THENCE northerly and at right angles to 7th Avenue, 96.79 feet to the southerly side of 7th Avenue; THENCE easterly along same, 28 feet to the point or place of BEGINNING. 3 of 4 FILED: QUEENS COUNTY CLERK 04/18/2018 03:58 PM INDEX NO. 704576/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/18/2018 Mark K. Broyles, ESQ..,..an attorney duly licensed to practice in the State of New York, and a partner in the law firm 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 TENANCY) AFFIDAVITS IN SUPPORT OF THE MORTION FOR SUMMARY JUDGMENT AFFIDAVITS OF SERVICE X NOTICE OF PENDENCY OF ACTION (additional) SUMMONS COMPLAINT AMENDED NOTICE OF PENDENCY OF ACTION SUPPLEMENTAL SUMMONS AMENDED 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 JUDGMENT OF FORECLOSURE & SALE ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE AFFlRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS AFFlDAVIT lN 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, information 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 ©]. 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