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FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
INDEX NO.
Ü BANK NATIONAL ASSOCIATIÖN AS TRUSTEE
FOR MASTR ASSET BACKED SECURITIES TRUST 2006-
WMC3 MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2006-WMC3,
AMENDED COMPLAINT
Plaintiff
vs. Subject Property:
10638 156TH STREET
JAMAICA, NY 11433
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM;
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE; NEW YORK CITY PARKING VIOLATIONS
"JANE"
BUREAU; ISLAM; HAMED BILA; GULNA BILA;
HARO BILA; MUNISH BILA; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendants.
The complaint of the above-named plaintif by RAS Boriskin, LLC, its alleges upon
attorneys,
information and belief as follows:
1. Plaintiff is organized under the laws of the United States of America or its state of formation.
2. On April 28, 2006, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM duly executed and
delivered a note whereby MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM promised to pay the
sum of $528,000.00 plus interest as set forth in said note. A copy of said note is annexed hereto.
3. Plaintift directly or through an agent has complied with all applicable laws in an attempt to
establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff
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has possession and control of the original note and mortgage, which note is secured the mortgage
by
identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent
that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to
foreclose the subject note and mortgage pursuant to New York law.
4. That to secure the payment of the sum represented by said note, MOHAMMED S. ISLAM A/K/A
MOHAMMED ISIAM, duly executed and delivered e mortgage which was reconled as follows and the
mortgage tax thereon was duly paid:
Reconting Date: June 02, 2006
County: QUEENS
CRFN 2006000307477
Said mortgage was assigned to Plaintiff by assignment of mortgage executed on a date prior to the
duly
filing of the complaint. A copy of said mortgage is annexed hereto.
5. Said mortgage secured the real property known as 10638 156TH NEW
STREBT, JAMAICA,
YORK 11433 and by Block 10123, Lot 21 together with all fixtures and articles of personal property
annexed to, installed in, or used in connection with the mortgaged premises, all as is more set forth
fully
in said mortgage. A copy of the legal description is set forth on Schedule A annexed.
6. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated
July 21, 2016 was executed. As aresult ofthe foregoing, ifnot already paid, Plaintiff shall pay the requisite
mortgage tax attributed to the Loan Modification Agreement, if any, prior to the Judgment of Foleclosure
and Sale.
7. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to
institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
8. Upon information and belief, Plaintif F complied with RPAPL 1304 and RPAPL 1306 unless
exempt from doing so. Moreover, Plaintiff has complied with all conditions precedent contained in the
mortgage, if any.
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9. To the extent applicable, Plaintiff has complied with all of the pmvisions of Benicing Iaw section
595-a and any rules and regulations promulgated thereunder, Law sections 6-1 and 6-m.
Banking
10. That Defendants failed to comply with foe conditions of the note and mortgage to make
by failing
the payment that became due on December 01,.2016 and each subsequent payment thereafter.
11. That by reason of such defaults, PlaintifThereby declares the balance of the principal indebtedness
immediately due and payable.
12. That there is now due and owing to the plaintift the principal sum of $1,001,718.97 with interest
thereon from November 01, 2016 plus acomnninfer1 late charges together with any sums advanced by the
plaintiff on behalf of defendant.
13. That plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of this of any or
action,
all of the defaults mentioned hemin; and such election shall continue and remain effective until the costs
and disbursements of this action, and any and all futme defaults under the aforesaid bond or note and
mortgage, and occurring prior to the discanti==== of this action are fully paid.
14. That to protect its security afEnded by said note and mortgage, it may be necessary for the plaintiff
to pay taxes, assessments, water rates and insurance premimns which are, or may become liens on the
mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby
demands that any amounts which may be so expended shall be added to the amount of the principal sum
secured by said note and mortgage, together with intemst from the time of any such payment. and that the
same be paid to the plaintif F from the proceeds of the foreclosure sale herein.
15. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage
indebtedness or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and
such action is intended to be Marantinner1
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16, That plaintiff further alleges that all the defendants have, or may claim to have, some interest in,
or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and
subordinate to the lien of the mortgage being foreclosed.
17. The description of each of the named "B"
party defendants interest is set out on Schedule annexed.
18. The interest or lien of each of the named if any, "C"
party defendants, is set forth in Schedule
annexed,
19. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable
attorneys'
fees incurred by plaintiff to protect or enforce plaintif Ps security interest in the premises.
20. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate
survey will show; all covenants, restrictions, anmarn=*m agreements and if any, of record,
reservations,
and to any and all violations thereof; any and all building and restrictions and
zoning regulations,
ozrlin=nes of the municipality in which said premises are situated, and to any violations of the same,
including, but not limited to, reapportinnment of lot lines, and vault if any;
charges, any and all orders or
requirements issued by any governmental body having jurisdiction againat or affecting said premises and
any violation of the same; the physical condition of any builrling or structure on the pmnises as of the
date of elosing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any,
now liens of record; right of Redemption of United States of America, if any; rights of any defendants
pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015,if any; any and all Hazardous
Materials in the premises including, but not limited to, flaminable explosives, radioactive materials,
hazardous wastes, asbestos or any material containing asbeston, and toxic and other conditions
substances;
as set forth in the terms of sale more particularly to be announced at the sale.
TES SPACE IS WEENTIONALLY LEFF HLA1¶K
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WHEREFORE, plaintiff demands judgment against the defendants as follows:
A. The defendants and each of them, and all persons under or any
claiming them, of them
subsequent to the commencement of this action and the filing of the Notice of Pendency thereof,
may be barmd and foreclosed of all right, title, claim, lien and of redemption in
equity the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate will
survey show;
all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any
and all violations thereof; any and all building and zoning restrictions and ordinances
regulations,
of the municipality in which said premises are situated, and to any violations of the same, including,
but not limited to, reapportionment of lot lines, and vault if and all
charges, any; any orders or
requirements issued by any governmental body having jurisdiction against or affecting said
premises and any violation of the same; the physical condition of any building or structure on the
premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages
and judgments, if any, now liens of record; right of Redemption of United States of America, if
any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR
Section 5015, if any; any and all Hazardous Materials in the premises but not limited
including to,
flammable explosives, radioactive materials, hazardous wastes, asbestos or any material
containing
asbestos, and toxic substances; and other conditions as set forth in the terms of sale more
particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel to law subject
according to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
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E. Plaintifimay be paid the amount due on said note and mortgage as alleged together
herein,
with inteæst to the time of such payment, together with the sums expended by plaintiff prior to and
during the pendency of this action, and for thirty days after any sale demanded herein for taxes,
water rates, sewer rents, assessments, insurance premiums and other and essential
necessary
charges ar expenses in connection therewith to protect the mortgage plus sums expended
lien, any
for the protection or preservation of the property covered by said mortgage and and the
note,
amount secured thereby, with interest thereon from the time of such payment and the costs and
attorneys'
expenses of this action including reasonable fees so far as the amount of such monies
properly applicable thereto will pay the same;
F. The plaintiff be decreed to be the owner of any and all personal used in connection
property
with the said mortgaged premises, except if discharged in bankruptcy;
G. The obligors may be adjudged to pay any deficiency which remain after all
may applying
of said monies so applicable thereto unless the obligors were discharged in bankruptcy;
H. awarding the relief requested in the additional causes of action stated in the if
complaint,
any;
L Plaintiff shall have such other and further relief or both, in the premises as shallbe just and
equitable.
RAS Boriskin, LLC
Attorney for Plaintiff
BY: f) /Îv
[ ] THERESA REGIS, ESQ..
900 Merchants Concourse, Suite 106
Westbury, NY 11590
516-280-7675
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SCHEDULE A - LEGAL DESCRIPTION
ALL THAT CERTAIN PLOT, PIBCE 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 WBSTERIX SIDE OF 156TH STREET, FORMERLY KNOWN
AS BROWN AVENUE, DISTANT 175 FEET NORTHERLY FROM THE CORNER FORMED BY
THE INTERSECTION OF THE NORTHERLY SIDE OF 107TH AVENUE, FORMERLY KNOWN AS
ATLANTIC STREET AND THE WESTERLY SIDE OF 156TH STREET;
RUNNING THENCE AT RIGHT ANGLES TO THE SAID WESTERLY SIDE 1565
WESTERLY, OF
STREET, 100 FEET;
THENCE NORTHERLY, PARALLEL WITH 156TH STREET, 25 FEET;
THENCE EASTERLY, AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, 100 FEET TO
THE WESTERLY SIDEOF 156TH STREET; AND THENCE SOUl1IERLY, ALONG THE
WESTERLY SIDE OF 156TH STREET, 25 FEET TO THE POINT OR PLACE OF BEGINNING.
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SCHEDULE B- PARTY DEFENDANTS
PARTY DEFENDANT DEFENDANT TYPE
MOHAMMED S. ISLAM A/K/A Mortgagor/Obligor/Fee Owner
MOHAMMED ISLAM
NEW YORK STATE Judgment Creditor
DEPARTMENT OF TAXATION
AND FINANCE
NEW YORK CITY PARKING Judgment Creditor
VIOLATIONS BUREAU
NEW YORK CITY Judgment Creditor
ENVIRONMENATAL BOARD
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SCHEDULE C - PARTY INTERESTS
PARTY DEFENDANT REASON NAMED AS PARTY DEFENDANT
MOHAMMED S. ISLAM A/K/A Record owner of property and/or obligor of note and/or mortgage being
MOHAMMED ISLAM foreclosed
NEW YORK STATE Named a party defendant by virtue of the liens docketed in the County
DEPARTMENT OF TAXATION Clerk's Office, a copy of which is attached.
AND FINANCE
NEW YORK CITY PARUNG Party Defendant By Virtue of lien docketed in the County Clerk's
VIOLATIONS BUREAU Office Copies of Which Are Attached. To the extent that the judgments
are not attached, namesas a party defendant because the docket books
are behind the register's actual indexing date and they have an
may
interest in the property being foreclosed.
NEW YORK CITY Party Defendant By Virtue of lien docketed in the County Clerk's
ENVIRONMENATAL BOARD OfHee Copies of Which Are Attached. To the extent that the judgments
are not attached, named as a party defendant because the docket books
are behind the register's actual indexing date and they have an
may
interest in the property being foreclosed.
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Index Number:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
MASTR ASSET BACKED SECORTIIBS TRUST 2006-WMC3
MORTGAGE PASS-THROUGH CERTIFICATES SElm!S
2006-WMC3,
Plainfi#,
-against-
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW
YORK STATE DEPARTMENT OF TAXATION AND
FINANCE; NEW YORK CITY PARKING VIOLATIONS
"JANE"
BUREAU; ISLAM; HAMED BILA; GULNA BILA;
HARO BILA; MUNISH BILA; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendants.
AMENDED SUMMONS AND COMPLAINT
RAS BorisMn, LLC
Attorneys for FImintif
900 Merchants Concourse, Suite 106
Westbury, NY 11590
Telephone·
516-280-7675
-- - -.-.--
Compliance with Rule 130-1.1a
[X] THERESA REGIS , ESQ.
Index No.: 703763/2018
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED
SECURITIES TRUST 2006-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES
2006-WMC3,
Plaintiff,
Vs.
MOHAMMED S. ISLAMA/K/A MOHAMMED ISLAM;NEWYORK STATE DEPARTMENT
OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU;
"JANE"
ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD,
Defendants.
SUPPLEMENTAL SUMMONS
AND AMENDED COMPLAINT
Robertson, Anschutz, Schneid, Crane &Partners, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280·-7675
Compliance with Rule 130-1.1a
By: Theresa Regis, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
.....----..................__...._____-.-..-.....-.-..
X Index No.: 703763/2018
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR MASTR ASSET BACKED SECURITIES TRUST AMENDED NOTICE OF
2006-WMC3 MORTGAGE PASS-THROUGH PENDENCY
CERTIFICATES SERIES 2006-WMC3,
Plaintiff,
vs.
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; NEW YORK CITY PARKING
"JANE"
VIOLATIONS BUREAU; ISLAM; HAMED
BILA; GULNA BILA; HARO BEA; MUNISH BILA;
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD,
Defendants.
X
NOTICE IS HEREBY GlVEN, that an action has been commenced and is pending in this Court
upon a complaint of the above-named plaintiff against the above-named defendants for the foreclosure of
a mortgage bearing date April 28, 2006 executed by MOHAMMED S. ISLAM AN/A MOHAMMED
ISLAM to GRIFFIN MORTGAGE CORPORATION to secure the sum of $528,000.00, recorded in the
Office of the City Register of the City of New York, County of QUEENS on June 2, 2006 in
CRFN 2006000307477. Said mortgage was assigned to Plaintiff by assignment of mortgage duly
executed on a date prior to the filing of the complaint. Said loan was modified. As evidence of the
modification a Loan Modification Agreement dated July 21, 2016 was executed.
AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the said foreclosure
action, were, at the time of the commencement of said action, and at the time of the of this notice
filing
bounded and described as follows:
See Schedule A- "Legal
Description"
annexed hereto and made a part hereof, Said premises
being known as 10638 156TH STREET, JAMAICA, NEW YORK 11433 and by Block 10123, Lot 21.
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TOGETHER with all fixtures and articles of personal property now or hereafter attached to, or
used in connection with mortgaged premises,
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FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS INDEX NO. Ü BANK NATIONAL ASSOCIATIÖN AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006- WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC3, AMENDED COMPLAINT Plaintiff vs. Subject Property: 10638 156TH STREET JAMAICA, NY 11433 MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS "JANE" BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. The complaint of the above-named plaintif by RAS Boriskin, LLC, its alleges upon attorneys, information and belief as follows: 1. Plaintiff is organized under the laws of the United States of America or its state of formation. 2. On April 28, 2006, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM duly executed and delivered a note whereby MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM promised to pay the sum of $528,000.00 plus interest as set forth in said note. A copy of said note is annexed hereto. 3. Plaintift directly or through an agent has complied with all applicable laws in an attempt to establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff 17-122516 - WaG 1 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 has possession and control of the original note and mortgage, which note is secured the mortgage by identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 4. That to secure the payment of the sum represented by said note, MOHAMMED S. ISLAM A/K/A MOHAMMED ISIAM, duly executed and delivered e mortgage which was reconled as follows and the mortgage tax thereon was duly paid: Reconting Date: June 02, 2006 County: QUEENS CRFN 2006000307477 Said mortgage was assigned to Plaintiff by assignment of mortgage executed on a date prior to the duly filing of the complaint. A copy of said mortgage is annexed hereto. 5. Said mortgage secured the real property known as 10638 156TH NEW STREBT, JAMAICA, YORK 11433 and by Block 10123, Lot 21 together with all fixtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged premises, all as is more set forth fully in said mortgage. A copy of the legal description is set forth on Schedule A annexed. 6. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated July 21, 2016 was executed. As aresult ofthe foregoing, ifnot already paid, Plaintiff shall pay the requisite mortgage tax attributed to the Loan Modification Agreement, if any, prior to the Judgment of Foleclosure and Sale. 7. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 8. Upon information and belief, Plaintif F complied with RPAPL 1304 and RPAPL 1306 unless exempt from doing so. Moreover, Plaintiff has complied with all conditions precedent contained in the mortgage, if any. 17-122516 - WaG 2 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 9. To the extent applicable, Plaintiff has complied with all of the pmvisions of Benicing Iaw section 595-a and any rules and regulations promulgated thereunder, Law sections 6-1 and 6-m. Banking 10. That Defendants failed to comply with foe conditions of the note and mortgage to make by failing the payment that became due on December 01,.2016 and each subsequent payment thereafter. 11. That by reason of such defaults, PlaintifThereby declares the balance of the principal indebtedness immediately due and payable. 12. That there is now due and owing to the plaintift the principal sum of $1,001,718.97 with interest thereon from November 01, 2016 plus acomnninfer1 late charges together with any sums advanced by the plaintiff on behalf of defendant. 13. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this of any or action, all of the defaults mentioned hemin; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all futme defaults under the aforesaid bond or note and mortgage, and occurring prior to the discanti==== of this action are fully paid. 14. That to protect its security afEnded by said note and mortgage, it may be necessary for the plaintiff to pay taxes, assessments, water rates and insurance premimns which are, or may become liens on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with intemst from the time of any such payment. and that the same be paid to the plaintif F from the proceeds of the foreclosure sale herein. 15. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be Marantinner1 17-122516 - WaG 3 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 16, That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed. 17. The description of each of the named "B" party defendants interest is set out on Schedule annexed. 18. The interest or lien of each of the named if any, "C" party defendants, is set forth in Schedule annexed, 19. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable attorneys' fees incurred by plaintiff to protect or enforce plaintif Ps security interest in the premises. 20. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, anmarn=*m agreements and if any, of record, reservations, and to any and all violations thereof; any and all building and restrictions and zoning regulations, ozrlin=nes of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportinnment of lot lines, and vault if any; charges, any and all orders or requirements issued by any governmental body having jurisdiction againat or affecting said premises and any violation of the same; the physical condition of any builrling or structure on the pmnises as of the date of elosing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015,if any; any and all Hazardous Materials in the premises including, but not limited to, flaminable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbeston, and toxic and other conditions substances; as set forth in the terms of sale more particularly to be announced at the sale. TES SPACE IS WEENTIONALLY LEFF HLA1¶K 17-122516 - WaG 4 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 WHEREFORE, plaintiff demands judgment against the defendants as follows: A. The defendants and each of them, and all persons under or any claiming them, of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barmd and foreclosed of all right, title, claim, lien and of redemption in equity the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate will survey show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning restrictions and ordinances regulations, of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault if and all charges, any; any orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; any and all Hazardous Materials in the premises but not limited including to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel to law subject according to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; 17-122513 - WaG 5 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 E. Plaintifimay be paid the amount due on said note and mortgage as alleged together herein, with inteæst to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other and essential necessary charges ar expenses in connection therewith to protect the mortgage plus sums expended lien, any for the protection or preservation of the property covered by said mortgage and and the note, amount secured thereby, with interest thereon from the time of such payment and the costs and attorneys' expenses of this action including reasonable fees so far as the amount of such monies properly applicable thereto will pay the same; F. The plaintiff be decreed to be the owner of any and all personal used in connection property with the said mortgaged premises, except if discharged in bankruptcy; G. The obligors may be adjudged to pay any deficiency which remain after all may applying of said monies so applicable thereto unless the obligors were discharged in bankruptcy; H. awarding the relief requested in the additional causes of action stated in the if complaint, any; L Plaintiff shall have such other and further relief or both, in the premises as shallbe just and equitable. RAS Boriskin, LLC Attorney for Plaintiff BY: f) /Îv [ ] THERESA REGIS, ESQ.. 900 Merchants Concourse, Suite 106 Westbury, NY 11590 516-280-7675 7-122616 - WaG 6 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 SCHEDULE A - LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIBCE 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 WBSTERIX SIDE OF 156TH STREET, FORMERLY KNOWN AS BROWN AVENUE, DISTANT 175 FEET NORTHERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF 107TH AVENUE, FORMERLY KNOWN AS ATLANTIC STREET AND THE WESTERLY SIDE OF 156TH STREET; RUNNING THENCE AT RIGHT ANGLES TO THE SAID WESTERLY SIDE 1565 WESTERLY, OF STREET, 100 FEET; THENCE NORTHERLY, PARALLEL WITH 156TH STREET, 25 FEET; THENCE EASTERLY, AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, 100 FEET TO THE WESTERLY SIDEOF 156TH STREET; AND THENCE SOUl1IERLY, ALONG THE WESTERLY SIDE OF 156TH STREET, 25 FEET TO THE POINT OR PLACE OF BEGINNING. 17-122516 - WaG 7 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 SCHEDULE B- PARTY DEFENDANTS PARTY DEFENDANT DEFENDANT TYPE MOHAMMED S. ISLAM A/K/A Mortgagor/Obligor/Fee Owner MOHAMMED ISLAM NEW YORK STATE Judgment Creditor DEPARTMENT OF TAXATION AND FINANCE NEW YORK CITY PARKING Judgment Creditor VIOLATIONS BUREAU NEW YORK CITY Judgment Creditor ENVIRONMENATAL BOARD 17-122616 -WaG 8 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 SCHEDULE C - PARTY INTERESTS PARTY DEFENDANT REASON NAMED AS PARTY DEFENDANT MOHAMMED S. ISLAM A/K/A Record owner of property and/or obligor of note and/or mortgage being MOHAMMED ISLAM foreclosed NEW YORK STATE Named a party defendant by virtue of the liens docketed in the County DEPARTMENT OF TAXATION Clerk's Office, a copy of which is attached. AND FINANCE NEW YORK CITY PARUNG Party Defendant By Virtue of lien docketed in the County Clerk's VIOLATIONS BUREAU Office Copies of Which Are Attached. To the extent that the judgments are not attached, namesas a party defendant because the docket books are behind the register's actual indexing date and they have an may interest in the property being foreclosed. NEW YORK CITY Party Defendant By Virtue of lien docketed in the County Clerk's ENVIRONMENATAL BOARD OfHee Copies of Which Are Attached. To the extent that the judgments are not attached, named as a party defendant because the docket books are behind the register's actual indexing date and they have an may interest in the property being foreclosed. 17-122516 - WaG 9 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 Index Number: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECORTIIBS TRUST 2006-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SElm!S 2006-WMC3, Plainfi#, -against- MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS "JANE" BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. AMENDED SUMMONS AND COMPLAINT RAS BorisMn, LLC Attorneys for FImintif 900 Merchants Concourse, Suite 106 Westbury, NY 11590 Telephone· 516-280-7675 -- - -.-.-- Compliance with Rule 130-1.1a [X] THERESA REGIS , ESQ. Index No.: 703763/2018 17-122516 - WaG 10 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC3, Plaintiff, Vs. MOHAMMED S. ISLAMA/K/A MOHAMMED ISLAM;NEWYORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU; "JANE" ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. SUPPLEMENTAL SUMMONS AND AMENDED COMPLAINT Robertson, Anschutz, Schneid, Crane &Partners, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280·-7675 Compliance with Rule 130-1.1a By: Theresa Regis, ESQ. 17-122516 - WaG 11 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS .....----..................__...._____-.-..-.....-.-.. X Index No.: 703763/2018 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST AMENDED NOTICE OF 2006-WMC3 MORTGAGE PASS-THROUGH PENDENCY CERTIFICATES SERIES 2006-WMC3, Plaintiff, vs. MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING "JANE" VIOLATIONS BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BEA; MUNISH BILA; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. X NOTICE IS HEREBY GlVEN, that an action has been commenced and is pending in this Court upon a complaint of the above-named plaintiff against the above-named defendants for the foreclosure of a mortgage bearing date April 28, 2006 executed by MOHAMMED S. ISLAM AN/A MOHAMMED ISLAM to GRIFFIN MORTGAGE CORPORATION to secure the sum of $528,000.00, recorded in the Office of the City Register of the City of New York, County of QUEENS on June 2, 2006 in CRFN 2006000307477. Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the filing of the complaint. Said loan was modified. As evidence of the modification a Loan Modification Agreement dated July 21, 2016 was executed. AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the said foreclosure action, were, at the time of the commencement of said action, and at the time of the of this notice filing bounded and described as follows: See Schedule A- "Legal Description" annexed hereto and made a part hereof, Said premises being known as 10638 156TH STREET, JAMAICA, NEW YORK 11433 and by Block 10123, Lot 21. 17-122516 - MaM Drafter: 12 of 15 FILED: QUEENS COUNTY CLERK 10/04/2022 12:34 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 03/13/2023 TOGETHER with all fixtures and articles of personal property now or hereafter attached to, or used in connection with mortgaged premises,