On November 14, 2016 a
Motion-Secondary
was filed
involving a dispute between
Wells Fargo Financial Credit Services New York, Inc.,
and
Board Of Managers Of The Ile St. Louis Condominium,
Board Of Managers Of The Port Liberte Ii Condominium Association Inc.,
City Register Of The City Of New York, New York County,
Corazon Tamargo-Rivera,
John Doe,
New York City Environmental Control Board,
United States Of America Acting Through The Irs,
Wells Fargo Bank, N.A. As Successor By Merger To Wells Fargo Financial Bank,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 04/23/2018 01:47 PM INDEX NO. 850218/2016
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------X
Wells Fargo Financial Credit Services Etc., Index No.: 850218/2016
Plaintiff, Assigned to: Hon. George J. Silver
AFFIDAVIT IN OPPOSITION
-against- TO PLAINTIFF'S MOTION
FOR SUMMARY JUDGMENT
AND APPOINTMENT OF REFEREE
Corazon Tamargo-Rivera, Et Al,
Defendants.
-----------------------------------------------------------------------x
STATE OF NEW YORK )
) ss:
COUNTY OF QUEENS )
CORAZON TAMARGO-RIVERA, being duly sworn deposes and says:
1. I am a defendant in the above-captioned foreclosure matter. I am over age of 18
and am fully familiar with the facts and circumstances surrounding this action.
2. I submit this Affidavit in opposition to Plaintiff's motion seeking Summary
Judgment against your Deponent and appointment of Referee.
50"'
3. I own the subject property of this foreclosure action located at 245 East Street,
Apt 4A, New York, New York 10022, County of New York, State of New York (the "Subject
Property"
Property").
4. I originally borrowed money from the Plaintiff, in the amount of $458,386.10 on
or about October 24, 2004 (Exhibit C).
5. I will be severely prejudiced, if the Plaintiff takes my property or any equity therefrom.
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FILED: NEW YORK COUNTY CLERK 04/23/2018 01:47 PM INDEX NO. 850218/2016
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/23/2018
PLAINTIFF HAS NO STANDING TO COMMENCE THIS
ACTION BECAUSE IT DOES NOT OWN THIS MORTGAGE
6. Plaintiff commenced this action by filing Summons and Complaint and Notice of
Pendency, on or about November 14, 2016 (Exhibit A).
7. Your Deponent filed a Verified Answer on or about January 19, 2017. A copy of the
Verified Answer is annexed hereto as Exhibit B.
8. As itis fully delineated in my attorney's attached Affirmation, Plaintiff in not the
owner of the Note and Mortgage in this action.
9. Specifically, the Plaintiff has failed to attach documents reflecting its ownership of the
Note and Mortgage. Hence, the Plaintiff's request for summary judgment is fatally defective and must
be denied.
10. I am advised by my attorney that since Plaintiff does not own the Note and Mortgage
and same is alleged in your Deponent's Verified Answer (Exhibit B), this action must be dismissed in
its entirety.
PLAINTIFF FAILED TO SERVE ME WITH THE
LAWFULLY REQUIRED PRE-FORECLOSURE NOTICES
11. Contrary to Plaintiff's claim in itsmoving papers, I never received a 30-Day Notice
of Default from Plaintiff.
12. I am further advised by my attorney that pursuant to RPAPL Section 1304, prior to
commencement of this foreclosure action, Plaintiff was required to serve a 90 Day Pre-foreclosure
Notice upon me.
13. I never received a 90-Day Pre-foreclosure Notice by any person or any type of mail.
14. This Court may notice that Plaintiff did not annex any Affidavit of Service attesting
to such a service upon me or any other defendant in this action.
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FILED: NEW YORK COUNTY CLERK 04/23/2018 01:47 PM INDEX NO. 850218/2016
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/23/2018
15. Accordingly, I respectfully ask this Court to dismiss this action in itsentirety.
I HAVE APPLIED FOR LOAN MODIFICATION
16. I have also retained my current attorney to filemy application for loan modification
with the Plaintiff. I have submitted allof my financial records in support of my loan modification
application to my attorney to be submitted to the Plaintiff.
17. Based on the initialreview of my financial documents as well as the financial
circumstances of my family who reside with me and will contribute to the mortgage payment, I
am informed that, there is a very good possibility that my mortgage will be modified to a level
that, we would be able to pay its monthly mortgage.
18. I am also advised by my attorney that pursuant to the existing amendments to the
Real Estate Settlement Procedures Act - Regulation X and the Truth in Act -Regulations
Lending
Z, dated January 10, 2014, the Plaintiff is prohibited to simultaneously proceed with the
foreclosure action, while evaluating the borrower(s) for loss mitigation alternatives.
. .
19. Accordingly, I respectfully ask this Court to stay allproceedings in this action
until determination of m loan modification a lication submitted to the Plaintiff.
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FILED: NEW YORK COUNTY CLERK 04/23/2018 01:47 PM INDEX NO. 850218/2016
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/23/2018
WHEREFORE, I respectfully request that this Court to deny the relief requested in the
Plaintiff's motion in itsentirety and grant your Deponent with such further, other and different
reliefthat this Court deems just and proper.
//I~/x
CORAZ TAMARGO-1ÚVERA
Sworn to before me this
__ day of April 2018.
~u u/u/////
Notary Public q,USA!/ ~/
//~/',
/,//;/~
ooq~cov /'I/:> =
04.
'/a„~
//I/IIII1LOA
4 of 4
Document Filed Date
April 23, 2018
Case Filing Date
November 14, 2016
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: NEW YORK COUNTY CLERK 04/23/2018 01:47 PM INDEX NO. 850218/2016 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/23/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X Wells Fargo Financial Credit Services Etc., Index No.: 850218/2016 Plaintiff, Assigned to: Hon. George J. Silver AFFIDAVIT IN OPPOSITION -against- TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND APPOINTMENT OF REFEREE Corazon Tamargo-Rivera, Et Al, Defendants. -----------------------------------------------------------------------x STATE OF NEW YORK ) ) ss: COUNTY OF QUEENS ) CORAZON TAMARGO-RIVERA, being duly sworn deposes and says: 1. I am a defendant in the above-captioned foreclosure matter. I am over age of 18 and am fully familiar with the facts and circumstances surrounding this action. 2. I submit this Affidavit in opposition to Plaintiff's motion seeking Summary Judgment against your Deponent and appointment of Referee. 50"' 3. I own the subject property of this foreclosure action located at 245 East Street, Apt 4A, New York, New York 10022, County of New York, State of New York (the "Subject Property" Property"). 4. I originally borrowed money from the Plaintiff, in the amount of $458,386.10 on or about October 24, 2004 (Exhibit C). 5. I will be severely prejudiced, if the Plaintiff takes my property or any equity therefrom. 1 of 4 FILED: NEW YORK COUNTY CLERK 04/23/2018 01:47 PM INDEX NO. 850218/2016 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/23/2018 PLAINTIFF HAS NO STANDING TO COMMENCE THIS ACTION BECAUSE IT DOES NOT OWN THIS MORTGAGE 6. Plaintiff commenced this action by filing Summons and Complaint and Notice of Pendency, on or about November 14, 2016 (Exhibit A). 7. Your Deponent filed a Verified Answer on or about January 19, 2017. A copy of the Verified Answer is annexed hereto as Exhibit B. 8. As itis fully delineated in my attorney's attached Affirmation, Plaintiff in not the owner of the Note and Mortgage in this action. 9. Specifically, the Plaintiff has failed to attach documents reflecting its ownership of the Note and Mortgage. Hence, the Plaintiff's request for summary judgment is fatally defective and must be denied. 10. I am advised by my attorney that since Plaintiff does not own the Note and Mortgage and same is alleged in your Deponent's Verified Answer (Exhibit B), this action must be dismissed in its entirety. PLAINTIFF FAILED TO SERVE ME WITH THE LAWFULLY REQUIRED PRE-FORECLOSURE NOTICES 11. Contrary to Plaintiff's claim in itsmoving papers, I never received a 30-Day Notice of Default from Plaintiff. 12. I am further advised by my attorney that pursuant to RPAPL Section 1304, prior to commencement of this foreclosure action, Plaintiff was required to serve a 90 Day Pre-foreclosure Notice upon me. 13. I never received a 90-Day Pre-foreclosure Notice by any person or any type of mail. 14. This Court may notice that Plaintiff did not annex any Affidavit of Service attesting to such a service upon me or any other defendant in this action. 2 of 4 FILED: NEW YORK COUNTY CLERK 04/23/2018 01:47 PM INDEX NO. 850218/2016 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/23/2018 15. Accordingly, I respectfully ask this Court to dismiss this action in itsentirety. I HAVE APPLIED FOR LOAN MODIFICATION 16. I have also retained my current attorney to filemy application for loan modification with the Plaintiff. I have submitted allof my financial records in support of my loan modification application to my attorney to be submitted to the Plaintiff. 17. Based on the initialreview of my financial documents as well as the financial circumstances of my family who reside with me and will contribute to the mortgage payment, I am informed that, there is a very good possibility that my mortgage will be modified to a level that, we would be able to pay its monthly mortgage. 18. I am also advised by my attorney that pursuant to the existing amendments to the Real Estate Settlement Procedures Act - Regulation X and the Truth in Act -Regulations Lending Z, dated January 10, 2014, the Plaintiff is prohibited to simultaneously proceed with the foreclosure action, while evaluating the borrower(s) for loss mitigation alternatives. . . 19. Accordingly, I respectfully ask this Court to stay allproceedings in this action until determination of m loan modification a lication submitted to the Plaintiff. 3 of 4 FILED: NEW YORK COUNTY CLERK 04/23/2018 01:47 PM INDEX NO. 850218/2016 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/23/2018 WHEREFORE, I respectfully request that this Court to deny the relief requested in the Plaintiff's motion in itsentirety and grant your Deponent with such further, other and different reliefthat this Court deems just and proper. //I~/x CORAZ TAMARGO-1ÚVERA Sworn to before me this __ day of April 2018. ~u u/u///// Notary Public q,USA!/ ~/ //~/', /,//;/~ ooq~cov /'I/:> = 04. '/a„~ //I/IIII1LOA 4 of 4