Preview
FILED: RICHMOND COUNTY CLERK 08/25/2022 12:35 PM INDEX NO. 135653/2015
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 08/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
JPMorgan Chase Bank, National Association ATTORNEY AFFIRMATION IN
SUPPORT OF MOTION TO EXTEND
Plaintiff, TIME TO SET SALE AND AMEND
JUDGMENT OF FORECLOSURE AND
vs. SALE
Brian Licata; Amy Licata; Secretary of Housing INDEX NO.: 135653/2015
and Urban Development; City of New York
Department of Transportation Parking MORTGAGED PROPERTY:
Violations Bureau, 22 Von Braun Avenue
Staten Island, NY 10312
Defendants.
Block: 5676 Lot: 82
Kyle Jacobs, Esq., pursuant CPLR § 2106 affirms under the penalties of perjury the truth of
the following:
1. I am an attorney at law duly licensed to practice before the Courts of the State of New York
and am associated with the law firm of McCalla Raymer Leibert Pierce, LLC, attorneys for
Plaintiff, JPMorgan Chase Bank, National Association in the above-captioned mortgage
foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings
herein.
2. On June 21, 2019, this Court granted Plaintiff a Judgment of Foreclosure and Sale which
was then entered by the County Clerk on August 5, 2019. A copy of the entered Judgment of
Foreclosure and Sale is attached hereto as Exhibit A.
3. Plaintiff scheduled a sale on January 30, 2020 at 2:00 PM. The sale was cancelled due to
loss mitigation discussions between the defendant and plaintiff.
4. On May 26, 2020, the file was placed on hold by our client in response to the various
Executive and Administrative Orders promulgated in response to COVID-19. Our file remained
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FILED: RICHMOND COUNTY CLERK 08/25/2022 12:35 PM INDEX NO. 135653/2015
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 08/25/2022
on hold until August 27, 2021.
5. On June 1, 2020, the file was placed on hold by our client in response to the loss mitigation
discussions between the defendants and plaintiff. Our file remained on hold until June 24, 2021,
at which time we were instructed to proceed.
6. On July 6, 2021, the file was again placed on hold by our client in response to the loss
mitigation discussions between the defendants and plaintiff. Our file remained on hold until
January 19, 2022.
7. On September 5, 2021, our file was placed on hold in response to a FEMA disaster
declaration. Our file remained on hold until December 4, 2021.
8. Pursuant to RPAPL § 1351, the Judgment Order shall contain language noting the Servicer
of the subject loan and their phone number. Plaintiff respectfully requests the Judgment be
amended to include that information, nunc pro tunc.
9. Pursuant to RPAPL § 1351, the sale shall take place within ninety (90) days of date of the
Judgment. However, due to the holds created by the loss mitigation discussions, the COVID-19
holds, and the FEMA hold, Plaintiff was unable to meet the deadline.
10. Accordingly, Plaintiff respectfully requests an extension of time to set sale
[THIS SPACE IS INTENTIONALLY BLANK]
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FILED: RICHMOND COUNTY CLERK 08/25/2022 12:35 PM INDEX NO. 135653/2015
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 08/25/2022
WHEREFORE, it is respectfully requested that an Order be entered extending the time for
sale on the subject property being foreclosed in this action and for such other and further relief
this Court deems just, proper, and equitable.
Dated: __08/25/2022____ _/s/ Kyle Jacobs_________________
Kyle Jacobs, Esq.
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff,
JPMorgan Chase Bank, National Association
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FILED: RICHMOND COUNTY CLERK 08/25/2022 12:35 PM INDEX NO. 135653/2015
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 08/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND INDEX NO.: 135653/2015
JPMorgan Chase Bank, National Association,
Plaintiff,
vs.
Brian Licata, et al.,
Defendants.
ATTORNEY AFFIRMATION IN SUPPORT OF MOTION TO EXTEND
TIME TO SET SALE AND AMEND JUDGMENT OF FORECLOSURE AND
SALE
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that upon
information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous.
Dated:
Service of a copy of the within is hereby admitted.
Dated:
_________________________________________________________
Attorney(s) for:
PLEASE TAKE NOTICE
that the within a (certified) true copy of a
entered in the office of the clerk of the within named Court on 2022
that an Order of which the within is a true copy will be presented for settlement to the
Hon. On of the judges of the within named Court,
At
on 2022, at
Dated:
21-03880NY
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Preview
FILED: RICHMOND COUNTY CLERK 08/25/2022 12:35 PM INDEX NO. 135653/2015 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 08/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND JPMorgan Chase Bank, National Association ATTORNEY AFFIRMATION IN SUPPORT OF MOTION TO EXTEND Plaintiff, TIME TO SET SALE AND AMEND JUDGMENT OF FORECLOSURE AND vs. SALE Brian Licata; Amy Licata; Secretary of Housing INDEX NO.: 135653/2015 and Urban Development; City of New York Department of Transportation Parking MORTGAGED PROPERTY: Violations Bureau, 22 Von Braun Avenue Staten Island, NY 10312 Defendants. Block: 5676 Lot: 82 Kyle Jacobs, Esq., pursuant CPLR § 2106 affirms under the penalties of perjury the truth of the following: 1. I am an attorney at law duly licensed to practice before the Courts of the State of New York and am associated with the law firm of McCalla Raymer Leibert Pierce, LLC, attorneys for Plaintiff, JPMorgan Chase Bank, National Association in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings herein. 2. On June 21, 2019, this Court granted Plaintiff a Judgment of Foreclosure and Sale which was then entered by the County Clerk on August 5, 2019. A copy of the entered Judgment of Foreclosure and Sale is attached hereto as Exhibit A. 3. Plaintiff scheduled a sale on January 30, 2020 at 2:00 PM. The sale was cancelled due to loss mitigation discussions between the defendant and plaintiff. 4. On May 26, 2020, the file was placed on hold by our client in response to the various Executive and Administrative Orders promulgated in response to COVID-19. Our file remained 21-03880NY 1 of 4 FILED: RICHMOND COUNTY CLERK 08/25/2022 12:35 PM INDEX NO. 135653/2015 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 08/25/2022 on hold until August 27, 2021. 5. On June 1, 2020, the file was placed on hold by our client in response to the loss mitigation discussions between the defendants and plaintiff. Our file remained on hold until June 24, 2021, at which time we were instructed to proceed. 6. On July 6, 2021, the file was again placed on hold by our client in response to the loss mitigation discussions between the defendants and plaintiff. Our file remained on hold until January 19, 2022. 7. On September 5, 2021, our file was placed on hold in response to a FEMA disaster declaration. Our file remained on hold until December 4, 2021. 8. Pursuant to RPAPL § 1351, the Judgment Order shall contain language noting the Servicer of the subject loan and their phone number. Plaintiff respectfully requests the Judgment be amended to include that information, nunc pro tunc. 9. Pursuant to RPAPL § 1351, the sale shall take place within ninety (90) days of date of the Judgment. However, due to the holds created by the loss mitigation discussions, the COVID-19 holds, and the FEMA hold, Plaintiff was unable to meet the deadline. 10. Accordingly, Plaintiff respectfully requests an extension of time to set sale [THIS SPACE IS INTENTIONALLY BLANK] 21-03880NY 2 of 4 FILED: RICHMOND COUNTY CLERK 08/25/2022 12:35 PM INDEX NO. 135653/2015 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 08/25/2022 WHEREFORE, it is respectfully requested that an Order be entered extending the time for sale on the subject property being foreclosed in this action and for such other and further relief this Court deems just, proper, and equitable. Dated: __08/25/2022____ _/s/ Kyle Jacobs_________________ Kyle Jacobs, Esq. McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Fax: 347-286-7414 Attorneys for Plaintiff, JPMorgan Chase Bank, National Association 21-03880NY 3 of 4 FILED: RICHMOND COUNTY CLERK 08/25/2022 12:35 PM INDEX NO. 135653/2015 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 08/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND INDEX NO.: 135653/2015 JPMorgan Chase Bank, National Association, Plaintiff, vs. Brian Licata, et al., Defendants. ATTORNEY AFFIRMATION IN SUPPORT OF MOTION TO EXTEND TIME TO SET SALE AND AMEND JUDGMENT OF FORECLOSURE AND SALE McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Fax: 347-286-7414 Attorneys for Plaintiff Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: Service of a copy of the within is hereby admitted. Dated: _________________________________________________________ Attorney(s) for: PLEASE TAKE NOTICE that the within a (certified) true copy of a entered in the office of the clerk of the within named Court on 2022 that an Order of which the within is a true copy will be presented for settlement to the Hon. On of the judges of the within named Court, At on 2022, at Dated: 21-03880NY 4 of 4