On July 06, 2015 a
Motion-Secondary
was filed
involving a dispute between
Nationstar Mortgage Llc D B A Champion Mortgage Company,
and
Drew Doe,
Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,,
Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown
Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,,
Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin, Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff,
Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin,
Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff,
New York State Department Of Taxation And Finance,
Secretary Of Housing And Urban Development,
United States Of America,
Us Trust Company Of New York Corp. As Trustee Under The Pooling And Servicing Agreement Dated As Of 4 1 85 N K A Us Trust Corp.,
for Foreclosure (residential mortgage)
in the District Court of Queens County.
Preview
At a Part 30 of the Supreme Court
of the State of New York to be held
in the County of Queens at the
Courthouse thereof, located at 88-11
Sutphin Boulevard, Jamaica, New
York 11435 on the day of
2022
P R E S E N T:
HON. ROBERT I.CALORAS Index No.: 707021/2015
JUSTICE
_________________________________________________________________________________X
NATIONSTAR MORTGAGE, LLC D/B/A CHAMPION
MORTGAGE COMPANY,
Plaintiff,
ORDER OF DISTRIBUTION
-against-
HELENA HARTE, AS HEIR AND DISTRIBUTEE
TO THE ESTATE OF WAVENEY HARTE; ANY
AND ALL PERSONS UNKNOWN TO PLAINTIFF,
CLAIMING, OR WHO MAY CLAIM TO HAVE AN
INT.EREST IN, OR GENERAL OR SPECIFIC LIEN
UPON THE REAL PROPERTY DESCRIBED IN
THIS ACTION; SUCH UNKNOWN PERSONS
BEING HEREIN GENERALLY DESCRIBED AND
INTENDED TO BE INCLUDED IN THE
FOLLOWING DESIGNATION, NAMELY: THE
WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS
AT LAW, NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS, DEVISEES,
LEGATEES, CREDITORS, TRUSTEES,
COMMITTEES, LIENORS, AND ASSIGNEES OF
SUCH DECEASED, ANY AND ALL PERSONS
DERIVING INTEREST IN OR LIEN UPON, OR
TITLE TO SAID REAL PROPERTY BY,
THROUGH OR UNDER THEM, OR EITHER OF
THEM, AND THEIR RESPECTIVE WIVES,
WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT
LAW, NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS, DEVISEES,
LEGATEES, CREDITORS, TRUSTEES,
COMMITTEES, LIENORS AND ASSIGNS, ALL OF
WHOM AND WHOSE NAMES, EXCEPT AS
STATED, ARE UNKNOWN TO PLAINTIFF;
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SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; UNITED STATES OF
AMERICA; NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE; US TRUST
COMPANY OF NEW YORK CORE AS TRUSTEE
UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF 4/1/85N/K/A US
TRUST CORP.; DREW "DOE",
Defendants
_________________________________________________________________________.._______Ç
UPON the Report of Referee in Surplus Money Proceeding of Joseph Defelice, Esq.,
dated 26th January 2022, the Referee appointed to ascertain the amount due to movant
and any other person or entity who has a lien upon such surplus money, and to ascertain
the priority of liens, if any, which Report was filed in the office of the Clerk of the
County of Queens on 9th February 2022, and the exhibits annexed thereto, the
Affirmation in Support of Jane 0. Ikezi, Esq., dated 23rd March 2022, the exhibits
annexed thereto, and upon the prior pleadings and proceedings had herein, and the Order
of this Court filed on 23rd September 2021.
upon the Motion of Jane O. for Defendant - Helena
NOW, Ikezi, Esq., Attorney Claimant,
Harte, it ishereby,
ORDERED that the motion is granted without opposition; and it isfurther
ORDERED that the Report of Referee in Surplus Money Proceeding of Joseph Defelice,
Esq. dated 26th January 2022, and filed on 9th February 2022, and the same is hereby in
all respects, confirmed and ratified; and it isfurther
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ORDERED that upon presentation of a certified copy of this Order, the Clerk of Queens
County, the Commissioner of Finance of the New York City Department of Finance, or
any other persons or agencies having possession of the subject surplus funds, after first
deducting their fees and commissions allowed by law, is directed to pay and disburse the
surplus of Fifteen Three Hundred and Four Dollars and Ninety- Eight
money Thousand,
Cents ($15,304.98), and any accumulation of interest as follows:
1. First: Joseph Defelice, Esq. for his fee as Referee in the sum of $700;
2. Second: To Ikezi Law Group, P.C. located on 188-05 Linden Boulevard, Saint
Albans, New York 11412, as Attorney for Helena Harte, the owner of the equity of
redemption, the remaining surplus balance, plus all accumulation of interest, if
any.
Dated:
ENTER:
HON. JUSTICE ROBERT I. CALORAS
3 of 3
INDEX NO.: 707021/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_______________________________________________________Ç
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY,
Plaintiff,
-against-
HELENA HARTE, AS HEIR AND DISTRIBUTEE
TO THE ESTATE OF WAVENEY HARTE, ET. ALIA
Defendants
_____________________________________________________________________________________
ORDER OF DISTRIBUTION
____________________________________________________________________________
IKEZI LAW GROUP, P.C.
ATTORNEYS FOR DEFENDANT, HELENA HARTE
188-05 Linden Boulevard
Saint Albans, New York 11412
Office #: (718) 712-2500
Mobile #: (718) 809-2200
Pursuant to 22 NYCRR Section 130-1.1a, 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 documents are not frivolous.
Dated: 5/25(22 fate 94egi
Jane Onyi Ikezi, Esq., M.B.A.
Service deemed admitted on: .
By: .