Preview
FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
- - - - - - - - - - - ------------------- - - - - -- - - - - - X
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR SECURITIZED ASSET BACKED INDEX NO.
RECEIVABLES LLC TRUST 2005-FR1, MORTGAGE PASS- 11721/2013
THROUGH CERTIFICATES, SERIES 2005-FR1,
Plaintiff
AFFIDAVIT OF MAILING
- against -
KEISHA NATASHA BROOKS, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, BOARD OF
MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM and
DOE"
"JOHN and "JANE DOE", the last two names being
fictitious said parties intended being tenants or occupants, if any,
having or claiming an interest in, or lien upon the prernises
described in the complaint,
Defendant(s).
- - ---------------------------- - - - - - - - -- - - X
STATE OF GEORGIA )
) ss.:
COUNTY OF FULTON )
I, Tyvee Lee , being duly sworn, deposes and says:
I am a Mail Clerk, am over 18 years of age and not a party to this action.
On October 20, 2021 , I served a true copy of the within Notice of
Motion to discontinue the action, Proposed Order discontinuing the action, and Attorney
Affirmation in support of discondnuance with supporting exhibits, by First Class mail in a sealed
envelope with postage prepaid in a post office or official depository under the exclusive care and
custody of the U.S. Postal Service, addressed to the last known address of the addressee(s) as
indicated below:
KEISHA NATASHA BROOKS
1206 PACIFIC STREET, UNIT 1A
BROOKLYN, NY 11216
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE
300 MOTOR PARKWAY
HAUPPAUGE, NY 11788
1221-2328B
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FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
SETH DENENBERG, ESQ.
SPERBER, DENENBERG & KAHAN, P.C.
ATTORNEYS FOR DEFENDANT
BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM
48 WEST 37TH STREET, 16TH FLOOR
NEW YORK, NY 10018
JOHN DOE and JANE DOE
1206 PACIFIC STREET, UNIT 1A
BROOKLYN, NY 11216
Executed on this
Fulton County, Georgia
14.L
Mail erk
Aldridge Pite, LLP
STATE OF GEORGIA . )
) ss.:
COUNTY OF FULTON )
On the , day of b. ev in e year of 2021, before me,
the undersigned, personally appeared Tyvec e ,
personally known to me or proved to me on the basis of fatisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in he/she/they capacity(ies), that by he/she/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument, and that such individual made such appearance
before the undersigned in the City of Atlanta , State of Georgia .
Notary Public
Printed Name: (- c
My Commission Expires: stifets
ece e-v Z o 24
2'7,
Es
SSI
1221-2328B
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FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------X INDEX NO. 11721/2013
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE
FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST
2005-FR1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES NOTICE OF MOTION
2005-FR1,
Plaintiff,
- against -
KEISHA NATASHA BROOKS, NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE, BOARD OF MANAGERS OF
PACIFIC HEIGHTS CONDOMINIUM and “JOHN DOE” and “JANE
DOE”, the last two names being fictitious said parties intended being
tenants or occupants, if any, having or claiming an interest in, or lien
upon the premises described in the complaint,
Defendant(s).
------------------------------------------X
PLEASE TAKE NOTICE that upon the annexed affirmation of Kyle E. Landrigan, Esq.,
dated 20 day of October, 2021; the exhibits annexed thereto; and upon all prior papers and
proceedings, the undersigned plaintiff will move this Court at the Supreme Court of the State of
New York, County of Kings County to be held at the Supreme Court Courthouse thereof, in
Room 364, located at 360 Adams Street, Brooklyn, NY 11201 on the 23 day of November, 2021
at 9:30am o'clock in the forenoon of that day or as soon thereafter as counsel can be heard for
an Order: (a) to Discontinue this Action, (b) to vacate the Notice of Pendency, (c) dismiss the
Counterclaims, and (d) for such other and further relief as this Court deems just and proper.
THIS SPACE IS INTENTIONALLY LEFT BLANK
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
PLEASE TAKE FURTHER NOTICE, that answering papers and/or cross-motions, if any,
must be served upon the undersigned within seven (7) days before the return date, pursuant to
CPLR Section 2214.
Executed on this 20 day of October, 2021
Atlanta, Georgia
ALDRIDGE PITE, LLP.
________________________________
By: Kyle E. Landrigan, Esq.
Attorneys for Plaintiff
3575 Piedmont Road NE, Suite 500
Atlanta, GA 30305
631-454-8059
Fax 631-454-8169
TO:
KEISHA NATASHA BROOKS
1206 PACIFIC STREET, UNIT 1A
BROOKLYN, NY 11216
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE
300 MOTOR PARKWAY
HAUPPAUGE, NY 11788
SETH DENENBERG, ESQ.
SPERBER, DENENBERG & KAHAN, P.C.
ATTORNEYS FOR DEFENDANT
BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM
48 WEST 37TH STREET, 16TH FLOOR
NEW YORK, NY 10018
JOHN DOE and JANE DOE
1206 PACIFIC STREET, UNIT 1A
BROOKLYN, NY 11216
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
Index No. 11721/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________________________________
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED
ASSET BACKED RECEIVABLES LLC TRUST 2005-FR1, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-FR1,
Plaintiff,
- against -
KEISHA NATASHA BROOKS, ET AL.,
Defendants.
_____________________________________________________________________________
NOTICE OF MOTION TO DISCONTINUE ACTION
_____________________________________________________________________________
Aldridge Pite, LLP
By: ______________________________________
Kyle E. Landrigan, Esq.
Attorneys for Plaintiff
3575 Piedmont Road NE Suite 500
Atlanta, GA 30305
631-454-8059
Fax 631-454-8169
Signature Pursuant to Rule 130-1.1-a
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FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------X INDEX NO.
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE 11721/2013
FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST
2005-FR1, MORTGAGE PASS-THROUGH CERTIFICATES, ATTORNEY
SERIES 2005-FR1, AFFIRMATION
Plaintiff,
- against -
KEISHA NATASHA BROOKS, NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE, BOARD OF MANAGERS OF
PACIFIC HEIGHTS CONDOMINIUM and “JOHN DOE” and “JANE
DOE”, the last two names being fictitious said parties intended being
tenants or occupants, if any, having or claiming an interest in, or lien
upon the premises described in the complaint,
Defendant(s).
------------------------------------------X
Kyle E. Landrigan, Esq., an attorney duly admitted to practice in the Courts of this State
of New York, affirms the truth of the following under penalties of perjury:
1. I am an associate with Aldridge Pite, LLP, the attorneys of record for the plaintiff
herein. I am fully familiar with the facts and circumstances of this Motion based upon my review
of the file maintained by my office.
2. This action was commenced to foreclose a mortgage on real property known as
1206 Pacific Street Unit 1A, Brooklyn, NY 11216.
3. The Summons and Complaint were filed in the Office of the Clerk of the County
of Kings on June 27, 2013, and amended on September 10, 2019, and the Notice of Pendency
was filed in the Office of the Clerk of the County of Kings on June 27, 2013, and amended on
September 10, 2019, affecting the premises known as and by 1206 Pacific Street Unit 1A,
Brooklyn, NY 11216 and bearing tax designation: Block 1206, and Lot 1001. Annexed hereto as
Exhibit “A” are copies of the Summons, Complaint and Notice of Pendency without the
supporting exhibits; annexed hereto as Exhibit “B” are copies of the Supplemental Summons,
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
Amended Complaint, and Amended Notice of Pendency without the supporting exhibits.
4. This affirmation is made pursuant to CPLR § 6514 for the purpose of canceling
the Notice of Pendency and to discontinue the action without prejudice.
5. That Defendant KEISHA NATASHA BROOKS filed an Answer with
Counterclaims on November 20, 2019. Annexed hereto as Exhibit “C” is a copy of the Answer
with Counterclaims.
6. There was no Referee appointed by this Court in the above entitled action.
7. All parties were served in this action with copies of the Summons and Complaint
and no one have answered or appeared with respect thereto, although the time to do so has
expired and has not been extended by court order or otherwise, except for Defendant KEISHA
NATASHA BROOKS who answered or appeared as a pro se Defendant, and Defendant BOARD
OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM that answered or appeared through
its attorney SETH DENENBERG, ESQ. Annexed hereto as Exhibit “D” is a copy of the Notice
of Appearance filed by the Board of Managers of Pacific Heights Condominium.
8. The within action, and the underlying dispute therein, has been resolved to the
satisfaction of the Plaintiff at this time because the loan has been paid in full. As such,
prosecution of the within action is no longer necessary.
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9. Therefore, it is respectfully requested that this court grant an order discontinuing
the action, cancelling the Notice of Pendency, and dismissing the Counterclaims filed on
November 20, 2019.
10. No previous application for this relief has been made.
WHEREFORE, the Plaintiff respectfully requests that the instant motion be granted in
its entirety and for such other and further relief as this Court deems just and proper.
Executed on this 20 day of October, 2021
Atlanta, Georgia
_______________________________
Kyle E. Landrigan, Esq.
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WORD COUNT CERTIFICATION
The foregoing affirmation was prepared on a computer. The total number of
words in this affirmation, exclusive of the caption, table of contents, table of
authorities and signature block, is 487. This affirmation complies with the word
count limit as provided for in 22 NYCRR 202.8-b.
I have relied on the word count function of the word processing system used
to prepare this affirmation to calculate the number of words herein.
Dated this 20 day of October, 2021
Atlanta, Georgia
_____________________________
Kyle E. Landrigan, Esq.
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FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
REGENCY PROCESS SERVICE, LLC
761 Koehler Ave - Suite A - Ronkonkoma. NY 11779
Phone: 631-981-5378 - Fax: 631-981-4842
INDEX NUMBER PURCHASE CONFIRMATION
Leopcicl & Associates, PLLC
REFERENCE NUMBER : 7110055006
To:
PLAINTIFF
WELLS FARGO BANK, N.A.
-V-
DEFENDANT
KEISHA NATASHA BROOKS
THE INDEX NUMBER FOR THE ACTION IS: 11721/13
THE PLEADINGS WERE FILED IN THE COUNTY OF: KINGS
THE PLEADINGS WERE FILED ON: 6/27/2013
THE PLEADINGS WERE FORWARDED FOR SERVICE ON: 7/1/2013
Janet D'Angelo Ext. 209 Sabrina - Extension: 302
Jung
RECElVED BY PROCESS DEPARTMENT BY: DATE:
(NAME)
CONFI BY
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FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
REGENCY PROCESS SERVICE, LLC
761 Koehler Ave - Suite A - Ronkonkoma. NY 11779
Phone: 631-981-5378 - Fax: 631-981-4842
INDEX NUMBER PURCHASE CONFIRMATION
Leopold & Associates, PLLC
REFERENCE MUMBER: 7110055006
..
To:
PLAINTIFF
WELLS FARGO BANK, N.A.
-V-
DEFENDANT
KEISHA NATASHA BROOKS
THE INDEX NUMBER FOR THE ACTION IS: 11721/13
THE PLEADINGS WERE FILED IN THE COUNTY OF: KINGS
THE PLEADINGS WERE FILED ON: 6/27/2013
THE PLEADINGS WERE FORWARDED FOR SERVICE ON: 7/1/2013
Janet D'Angelo Ext. 209 Sabrina - Extension: 302
Jung
RECEiVED BY PROCESS DEPARTMENT BY: DATE:
(NAME)
CONFIRM Y
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
Kings Clerk's
County Office Kings Clerk's
Paym 2754192 County Office
06/27/2013 11:25a Paym 2754402 06/ 27/2013
12:18p
Tr-3187871
$400.00 Tr.3188114
$35.00
Mortgage Foreclosure Notice of Pendency
11721/d013 WELLS FARGO BANK NATIO 11721/2013 WELLS FARG0 BANK
NAL ASSOCIATION AS TRUSTEE NATIO
ETC vs NAL ASSOCIATION AS TRUSTEE ETC vs
. BROOKS, KEISHA NATASHA ET AL ., BROOKS., KEISHA NATASHA ET AL
Total:
$40s,00 Total::
$35.00
Check
$400,00 . Check
$35..00
. u
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
... - - - - - - - - - - - - - - - - - - - .- x
WELLS FARGO BANK, NATIONAL ASSOCIATION, INDEX NO.:
AS TRDSTEE FOR SECURITIZED ASSET BACKED Date Filed:
RECEIVABLES LLC TROST 2005-FR1, MORTGAGE
PASS-THROUGH SERIES 2005-
CERTIFICATES,
FR1,
Plaintiff(s), SUMMONS
-against-
Plaintiff designates
.KEISHA NATASHA BROOKS, NEW YORK STATE KINGS County as the
DEPARTMENT OF TAXATION AND FINANCE, place of trial
BOARD OF MANAGERS OF PACIFIC HEIGHTS
CONDOMINIDM,
2JOH.N-- DOE -#-1-"-through-".JOHN DOE__#12,"-- -.-.- . ---________ .
the last twelve names being fictitious Premises:
and unknown to plaintiff, the persons or 1208 PACIFIC ST 1A,
parties intended being the tenants, BROOKLYN, NY 11216
occupants, persons or corporations, if
any, having or claiming an interest in
or lien upon the premises, described in Venue is based upo
the complaint, County in which th
. premises are situa d O
Defendant(s). -a m-,
- - - - - - - - - - - - - - - - - - - - - x
. To the above named Defendant(s): - O
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this sumons and complaint by serving a copy
of the answer on the attorneys 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 your mortgage company will not stop this
foreolosure action.
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
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.
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint is not
served with this summons, to serve a notice of appearance on the
Plaintiff's 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 if this summons is not personally delivered to you within
the State of New York); and in case of your failure to appear or
answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: Armonk, New York
May 21, 2013
LEOPOLD & ASSOCIATES, PLLC
BY: Susan Benham
Attorneys for Plaintiff
80 Business Park Drive
Suite 110
Armonk, NY 10504
914-219-5787
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FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
. COUNTY OF KINGS
- - - - - - - - - - - - - - - - - - - - - ×
WELLS FARGO BANK, NATIONAL ASSOCIATION, INDEX NO.:
AS TRUSTEE FOR SECURITIZED ASSET BACKED Date Filed:
RECEIVABLES LLC TRUST 2005-FR1, MORTGAGE
PASS-THROUGH SERIES 2005-
CERTIFICATES,
FR1,
Plaintiff(s),
-against- COMPLAINT FOR
FORECLOSURE OF A
MORTGAGE
KEISHA NATASHA BROOKS, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE,
BOARD OF MANAGERS OF PACIFIC HEIGHTS !
CONDOMINIDM,
.._._. .~___.. .___..- . ....__... _____.. __..__ __, . .______ ., ......._____..
F
#1" #12,"
"JOHN DOE through "JOHN DOE !
the last twelve names being fictitious
and unknown to plaintiff, the persons or .
parties intended being the tenants,
occupants, persons or corporations, if
any, having or claiming an interest in
or lien upon the premises, described in
the complaint,
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - x
Plaintiff(s) by its/their attorneys Leopold & Associates, PLLC,
hereby allege(s) upon information and belief:
1. On or about September 22, 2004, defendant(s) KEISHA NATASHA
BROOKS borrowed the sum of $198,000.00 from MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FREMONT INVESTMENT AND LOAN,
by a certain note dated the same date, whereunder said loan was
repayable as follows: The sum of $1,384.45 on November 1, 2004, and a
like sum of exact amount each and every month until the first interest
rate change which could occur on October 1, 2006, after which the
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021
exact monthly payment amount is to be determined by the interest rate
prevalent on the 1st day of each and every 6th month thereafter until
October
Preview
FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - - - - - - - - - - - ------------------- - - - - -- - - - - - X WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED INDEX NO. RECEIVABLES LLC TRUST 2005-FR1, MORTGAGE PASS- 11721/2013 THROUGH CERTIFICATES, SERIES 2005-FR1, Plaintiff AFFIDAVIT OF MAILING - against - KEISHA NATASHA BROOKS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM and DOE" "JOHN and "JANE DOE", the last two names being fictitious said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the prernises described in the complaint, Defendant(s). - - ---------------------------- - - - - - - - -- - - X STATE OF GEORGIA ) ) ss.: COUNTY OF FULTON ) I, Tyvee Lee , being duly sworn, deposes and says: I am a Mail Clerk, am over 18 years of age and not a party to this action. On October 20, 2021 , I served a true copy of the within Notice of Motion to discontinue the action, Proposed Order discontinuing the action, and Attorney Affirmation in support of discondnuance with supporting exhibits, by First Class mail in a sealed envelope with postage prepaid in a post office or official depository under the exclusive care and custody of the U.S. Postal Service, addressed to the last known address of the addressee(s) as indicated below: KEISHA NATASHA BROOKS 1206 PACIFIC STREET, UNIT 1A BROOKLYN, NY 11216 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE 300 MOTOR PARKWAY HAUPPAUGE, NY 11788 1221-2328B 1 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 SETH DENENBERG, ESQ. SPERBER, DENENBERG & KAHAN, P.C. ATTORNEYS FOR DEFENDANT BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM 48 WEST 37TH STREET, 16TH FLOOR NEW YORK, NY 10018 JOHN DOE and JANE DOE 1206 PACIFIC STREET, UNIT 1A BROOKLYN, NY 11216 Executed on this Fulton County, Georgia 14.L Mail erk Aldridge Pite, LLP STATE OF GEORGIA . ) ) ss.: COUNTY OF FULTON ) On the , day of b. ev in e year of 2021, before me, the undersigned, personally appeared Tyvec e , personally known to me or proved to me on the basis of fatisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in he/she/they capacity(ies), that by he/she/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of Atlanta , State of Georgia . Notary Public Printed Name: (- c My Commission Expires: stifets ece e-v Z o 24 2'7, Es SSI 1221-2328B 2 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------X INDEX NO. 11721/2013 WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2005-FR1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES NOTICE OF MOTION 2005-FR1, Plaintiff, - against - KEISHA NATASHA BROOKS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM and “JOHN DOE” and “JANE DOE”, the last two names being fictitious said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). ------------------------------------------X PLEASE TAKE NOTICE that upon the annexed affirmation of Kyle E. Landrigan, Esq., dated 20 day of October, 2021; the exhibits annexed thereto; and upon all prior papers and proceedings, the undersigned plaintiff will move this Court at the Supreme Court of the State of New York, County of Kings County to be held at the Supreme Court Courthouse thereof, in Room 364, located at 360 Adams Street, Brooklyn, NY 11201 on the 23 day of November, 2021 at 9:30am o'clock in the forenoon of that day or as soon thereafter as counsel can be heard for an Order: (a) to Discontinue this Action, (b) to vacate the Notice of Pendency, (c) dismiss the Counterclaims, and (d) for such other and further relief as this Court deems just and proper. THIS SPACE IS INTENTIONALLY LEFT BLANK 3 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 PLEASE TAKE FURTHER NOTICE, that answering papers and/or cross-motions, if any, must be served upon the undersigned within seven (7) days before the return date, pursuant to CPLR Section 2214. Executed on this 20 day of October, 2021 Atlanta, Georgia ALDRIDGE PITE, LLP. ________________________________ By: Kyle E. Landrigan, Esq. Attorneys for Plaintiff 3575 Piedmont Road NE, Suite 500 Atlanta, GA 30305 631-454-8059 Fax 631-454-8169 TO: KEISHA NATASHA BROOKS 1206 PACIFIC STREET, UNIT 1A BROOKLYN, NY 11216 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE 300 MOTOR PARKWAY HAUPPAUGE, NY 11788 SETH DENENBERG, ESQ. SPERBER, DENENBERG & KAHAN, P.C. ATTORNEYS FOR DEFENDANT BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM 48 WEST 37TH STREET, 16TH FLOOR NEW YORK, NY 10018 JOHN DOE and JANE DOE 1206 PACIFIC STREET, UNIT 1A BROOKLYN, NY 11216 4 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 Index No. 11721/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________________________________ WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2005-FR1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FR1, Plaintiff, - against - KEISHA NATASHA BROOKS, ET AL., Defendants. _____________________________________________________________________________ NOTICE OF MOTION TO DISCONTINUE ACTION _____________________________________________________________________________ Aldridge Pite, LLP By: ______________________________________ Kyle E. Landrigan, Esq. Attorneys for Plaintiff 3575 Piedmont Road NE Suite 500 Atlanta, GA 30305 631-454-8059 Fax 631-454-8169 Signature Pursuant to Rule 130-1.1-a 5 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------X INDEX NO. WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE 11721/2013 FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2005-FR1, MORTGAGE PASS-THROUGH CERTIFICATES, ATTORNEY SERIES 2005-FR1, AFFIRMATION Plaintiff, - against - KEISHA NATASHA BROOKS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM and “JOHN DOE” and “JANE DOE”, the last two names being fictitious said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, Defendant(s). ------------------------------------------X Kyle E. Landrigan, Esq., an attorney duly admitted to practice in the Courts of this State of New York, affirms the truth of the following under penalties of perjury: 1. I am an associate with Aldridge Pite, LLP, the attorneys of record for the plaintiff herein. I am fully familiar with the facts and circumstances of this Motion based upon my review of the file maintained by my office. 2. This action was commenced to foreclose a mortgage on real property known as 1206 Pacific Street Unit 1A, Brooklyn, NY 11216. 3. The Summons and Complaint were filed in the Office of the Clerk of the County of Kings on June 27, 2013, and amended on September 10, 2019, and the Notice of Pendency was filed in the Office of the Clerk of the County of Kings on June 27, 2013, and amended on September 10, 2019, affecting the premises known as and by 1206 Pacific Street Unit 1A, Brooklyn, NY 11216 and bearing tax designation: Block 1206, and Lot 1001. Annexed hereto as Exhibit “A” are copies of the Summons, Complaint and Notice of Pendency without the supporting exhibits; annexed hereto as Exhibit “B” are copies of the Supplemental Summons, 6 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 Amended Complaint, and Amended Notice of Pendency without the supporting exhibits. 4. This affirmation is made pursuant to CPLR § 6514 for the purpose of canceling the Notice of Pendency and to discontinue the action without prejudice. 5. That Defendant KEISHA NATASHA BROOKS filed an Answer with Counterclaims on November 20, 2019. Annexed hereto as Exhibit “C” is a copy of the Answer with Counterclaims. 6. There was no Referee appointed by this Court in the above entitled action. 7. All parties were served in this action with copies of the Summons and Complaint and no one have answered or appeared with respect thereto, although the time to do so has expired and has not been extended by court order or otherwise, except for Defendant KEISHA NATASHA BROOKS who answered or appeared as a pro se Defendant, and Defendant BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIUM that answered or appeared through its attorney SETH DENENBERG, ESQ. Annexed hereto as Exhibit “D” is a copy of the Notice of Appearance filed by the Board of Managers of Pacific Heights Condominium. 8. The within action, and the underlying dispute therein, has been resolved to the satisfaction of the Plaintiff at this time because the loan has been paid in full. As such, prosecution of the within action is no longer necessary. 7 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 9. Therefore, it is respectfully requested that this court grant an order discontinuing the action, cancelling the Notice of Pendency, and dismissing the Counterclaims filed on November 20, 2019. 10. No previous application for this relief has been made. WHEREFORE, the Plaintiff respectfully requests that the instant motion be granted in its entirety and for such other and further relief as this Court deems just and proper. Executed on this 20 day of October, 2021 Atlanta, Georgia _______________________________ Kyle E. Landrigan, Esq. 8 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 WORD COUNT CERTIFICATION The foregoing affirmation was prepared on a computer. The total number of words in this affirmation, exclusive of the caption, table of contents, table of authorities and signature block, is 487. This affirmation complies with the word count limit as provided for in 22 NYCRR 202.8-b. I have relied on the word count function of the word processing system used to prepare this affirmation to calculate the number of words herein. Dated this 20 day of October, 2021 Atlanta, Georgia _____________________________ Kyle E. Landrigan, Esq. 9 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 REGENCY PROCESS SERVICE, LLC 761 Koehler Ave - Suite A - Ronkonkoma. NY 11779 Phone: 631-981-5378 - Fax: 631-981-4842 INDEX NUMBER PURCHASE CONFIRMATION Leopcicl & Associates, PLLC REFERENCE NUMBER : 7110055006 To: PLAINTIFF WELLS FARGO BANK, N.A. -V- DEFENDANT KEISHA NATASHA BROOKS THE INDEX NUMBER FOR THE ACTION IS: 11721/13 THE PLEADINGS WERE FILED IN THE COUNTY OF: KINGS THE PLEADINGS WERE FILED ON: 6/27/2013 THE PLEADINGS WERE FORWARDED FOR SERVICE ON: 7/1/2013 Janet D'Angelo Ext. 209 Sabrina - Extension: 302 Jung RECElVED BY PROCESS DEPARTMENT BY: DATE: (NAME) CONFI BY 10 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 REGENCY PROCESS SERVICE, LLC 761 Koehler Ave - Suite A - Ronkonkoma. NY 11779 Phone: 631-981-5378 - Fax: 631-981-4842 INDEX NUMBER PURCHASE CONFIRMATION Leopold & Associates, PLLC REFERENCE MUMBER: 7110055006 .. To: PLAINTIFF WELLS FARGO BANK, N.A. -V- DEFENDANT KEISHA NATASHA BROOKS THE INDEX NUMBER FOR THE ACTION IS: 11721/13 THE PLEADINGS WERE FILED IN THE COUNTY OF: KINGS THE PLEADINGS WERE FILED ON: 6/27/2013 THE PLEADINGS WERE FORWARDED FOR SERVICE ON: 7/1/2013 Janet D'Angelo Ext. 209 Sabrina - Extension: 302 Jung RECEiVED BY PROCESS DEPARTMENT BY: DATE: (NAME) CONFIRM Y 11 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 Kings Clerk's County Office Kings Clerk's Paym 2754192 County Office 06/27/2013 11:25a Paym 2754402 06/ 27/2013 12:18p Tr-3187871 $400.00 Tr.3188114 $35.00 Mortgage Foreclosure Notice of Pendency 11721/d013 WELLS FARGO BANK NATIO 11721/2013 WELLS FARG0 BANK NAL ASSOCIATION AS TRUSTEE NATIO ETC vs NAL ASSOCIATION AS TRUSTEE ETC vs . BROOKS, KEISHA NATASHA ET AL ., BROOKS., KEISHA NATASHA ET AL Total: $40s,00 Total:: $35.00 Check $400,00 . Check $35..00 . u 12 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ... - - - - - - - - - - - - - - - - - - - .- x WELLS FARGO BANK, NATIONAL ASSOCIATION, INDEX NO.: AS TRDSTEE FOR SECURITIZED ASSET BACKED Date Filed: RECEIVABLES LLC TROST 2005-FR1, MORTGAGE PASS-THROUGH SERIES 2005- CERTIFICATES, FR1, Plaintiff(s), SUMMONS -against- Plaintiff designates .KEISHA NATASHA BROOKS, NEW YORK STATE KINGS County as the DEPARTMENT OF TAXATION AND FINANCE, place of trial BOARD OF MANAGERS OF PACIFIC HEIGHTS CONDOMINIDM, 2JOH.N-- DOE -#-1-"-through-".JOHN DOE__#12,"-- -.-.- . ---________ . the last twelve names being fictitious Premises: and unknown to plaintiff, the persons or 1208 PACIFIC ST 1A, parties intended being the tenants, BROOKLYN, NY 11216 occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in Venue is based upo the complaint, County in which th . premises are situa d O Defendant(s). -a m-, - - - - - - - - - - - - - - - - - - - - - x . To the above named Defendant(s): - O NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this sumons and complaint by serving a copy of the answer on the attorneys 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 your mortgage company will not stop this foreolosure action. 13 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 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. YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's 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 if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Armonk, New York May 21, 2013 LEOPOLD & ASSOCIATES, PLLC BY: Susan Benham Attorneys for Plaintiff 80 Business Park Drive Suite 110 Armonk, NY 10504 914-219-5787 14 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 SUPREME COURT OF THE STATE OF NEW YORK . COUNTY OF KINGS - - - - - - - - - - - - - - - - - - - - - × WELLS FARGO BANK, NATIONAL ASSOCIATION, INDEX NO.: AS TRUSTEE FOR SECURITIZED ASSET BACKED Date Filed: RECEIVABLES LLC TRUST 2005-FR1, MORTGAGE PASS-THROUGH SERIES 2005- CERTIFICATES, FR1, Plaintiff(s), -against- COMPLAINT FOR FORECLOSURE OF A MORTGAGE KEISHA NATASHA BROOKS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, BOARD OF MANAGERS OF PACIFIC HEIGHTS ! CONDOMINIDM, .._._. .~___.. .___..- . ....__... _____.. __..__ __, . .______ ., ......._____.. F #1" #12," "JOHN DOE through "JOHN DOE ! the last twelve names being fictitious and unknown to plaintiff, the persons or . parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). - - - - - - - - - - - - - - - - - - - - - x Plaintiff(s) by its/their attorneys Leopold & Associates, PLLC, hereby allege(s) upon information and belief: 1. On or about September 22, 2004, defendant(s) KEISHA NATASHA BROOKS borrowed the sum of $198,000.00 from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FREMONT INVESTMENT AND LOAN, by a certain note dated the same date, whereunder said loan was repayable as follows: The sum of $1,384.45 on November 1, 2004, and a like sum of exact amount each and every month until the first interest rate change which could occur on October 1, 2006, after which the 15 of 56 FILED: KINGS COUNTY CLERK 10/25/2021 10:47 AM INDEX NO. 11721/2013 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/25/2021 exact monthly payment amount is to be determined by the interest rate prevalent on the 1st day of each and every 6th month thereafter until October