Preview
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
EXHIBIT Q
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
Supreme Court of the State of
New York, at a IAS Part
of the Supreme
Court, Kings County located
at 360 Adams Street,
Brooklyn, New York 11201
on the day of October
2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KING
JP MORGAN CHASE
BANK, SUCCESSOR IN INTEREST BY PURCHASE FROM
FDIC,
Plaintiff,
INDEX NUMBER:
506027/2014
ORDER TO SHOW CAUSE
-against-
PETER MCKENZlE, SHERREL FARNSWORTH et.
al
Defendants.
X
Upon reading and filing the annexed affirmation of Kevin H. Spikes, Esq. duly affirmed on the
day of October 2019 and affidavit of Sherrell Farnsworth sworn to on the¾Óay of October 2019
the exhibits thereto, and upon all the prior pleadings and proceedings heretofore had herein,
LET the Defendant(s) Peter McKenzie and JP Morgan Chase Bank, successor in interest by
purchase from FDIC and counsel for the Defendant(s) show cause before this Court, at I.A.S Part
before Justice ____ at the courthouse located at 360 Adams Street, Brooklyn, New York,
Room , on the day of November 2019 at 9:30 a.m., o'clock in the forenoon of that day, or as
soon thereafter as counsel can be heard, why an Order should not be entered:
1. Staying the Defendant JP Morgan Chase Bank and/or their agents, and the Referee, from
seeking to enforce the terms of the order and judgment of foreclosure and sale by selling and/or
transferring title to the property known as 240 Greene Avenue, Brooklyn, New York 11238 under the
instant action;
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
2. Staying the instant proceeding pending the completion of the sale of subject property.
3. For such other and further relief as to the court seems just and proper.
ORDERED that PENDING a determination of this application the Defendant JP Morgan Chase Bank, its
agents and assigns and the Referee are stayed from auctioning, selling, and/or transferring any interest
in the subject property located at 240 Greene Avenue, Brook.Iyn, NY.
LET service of a copy of this Order and the papers upon which it is based by personal service upon
Fein, Such and Crane, Attorneys for Defendant, the Referee and Defendant Mckenzie and by personal
service/or by overnight mailing on or before be deemed good and sufficient.
ENTER:
J.S.C
Dated: October , 2019
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KING
X
JP MORGAN CHASE BANK, SUCCESSOR
IN INTEREST BY PURCHASE FROM FDIC,
Plaintiff, AFFIRMATION
INDEX NUMBER: 506027/2014
-against-
PETER MCKENZIE, SHERREL FARNSWORTH et
al
Defendants.
X
Kevin H. Spikes, Esq. partner to the Firm of Thomas & Spikes, Esqs. an attorney duly
admitted to practice law before the courts of the State of New York do hereby affirm the
following under penalties of perjury.
1. I submit this affirmation in support of the defendant's Sherrel Farnsworth's Order to
Show Cause seeking to stay the instant foreclosure action and staying the imminent auction of
the subject property currently scheduled for October 31, 2019. Plaintiff seeks this relief on
grounds pursuant to CPLR 2201- a court a proceeding "upon such terms as be
may stay may
just."
2. I have discovered, by reviewing the notice of sale on the NYS Court's website that the
property is scheduled for sale on October 31, 2019. The property is in a prime location here in
Brooklyn. The foreclosure action was commenced on July 1, 2014 and a Judgment of
Foreclosure was entered against defendants on March 2018. Exhibits: A - judgment of
28,
foreclosure and Sale.
3. Upon information and belief, the requested relief is appropriately sought before this
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
court because defendant Farnsworth (whose name does appear on note), and the co-defendant
Peter McKenzie, the individual who is named on the Note, Mortgage and Deed (as a 1% interest
stakeholder, only) stymied her efforts to sell the property and/or seek a modification because of
his refusal to negotiate in good faith with respect to his one percent interest. Exhibit B, copy of
deed.
4. As a result, plaintiff commenced a partition action Sherrell Farnsworth v. Peter
McKenzie, JP Morgan Chase Bank in interest by purchase from FDIC, Index
No.3346/2015 against defendant McKenzie and that action was settled per stipulation spread
across the record on July 11, 2019 wherein the defendant McKenzie has agreed by stipulation of
settlement to accept the sum of $120,000 for any and all interest he possesses in the subject
premises. Additionally, McKenzie agreed to allow Farnsworth to sell the subject premises to
ensure that both the plaintiff's mortgage is satisfied and that McKenzie's settlement is paid as
per the agreement. The Court has to date not provided a written order to this effect, but your
counsel appeared on that date. Exhibit C, copy of the ecourt screen showing marking "settled
trial."
before
5. As a result of this agreement, defendant Farnsworth is currently free to sell the subject
property, pay off the mortgage and satisfy the agreement with the co-defendant McKenzie.
6. Upon information and belief, plaintiff purchased the subject property in the year 2000.
Plaintiff invested a substantial amount of money in purchase and renovaton the property.
Defendant Mckenzie was not part of the initial purchase of the property. Defendant McKenzie
assisted plaintiff in a refinance of her first loan in 2001.
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
7. Upon information and belief, defendant Farnsworth procured a purchaser for the subject
premises for the sum of $1,242,000.00 with an expected closing date within 60 days and there is
a down payment of $42,000.00. Exhibit D.
8. Upon information and belief, the subject property maintains significant equity being
located in Clinton Hills, Brooklyn, it is valued at approximately $1.6 million dollars with an
outstanding mortgage balance of approximately $600,000.00 there is almost 1 million dollars of
equity in the subject premises.
9. This is the second Order to Show Cause filed by the plaintiff in this Foreclosure part, the
first seeking to vacate the default judgment was denied presumably because of the fact that the
defendant Farnsworth did not appear in the Note.
10. However there was an additional order to show cause filed which was returnable on July
25, 2019 in the partition action seeking to stay this foreclosure action wherein interim emergency
application for relief was granted and afforded the defendant Farnsworth the ability to settle the
partition action and since that was the only relief sought in the instant order to show cause it was
withdrawn on the return date.
11. Hence, the necessity of the instant order to show cause which seeks only to facilitate the
ability to complete the sale of the subject premises which will afford the defendant Farnsworth
the ability to pay off the mortgage and satisfy the debt pursuant to the agreemeñt owed to the
defendant McKenzie.
12. The bank will not be prejudiced by the granting of this stay given the fact that they are
aware of the partition action and the significant equity held by plaintiff in the subject property.
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
Wherefore, I respectfully request that the court grants me the relief set forth herein in its
entirety together with such other and further relief as this court may deem just and proper
Dated: October 28 , 2019
Brooklyn, New York
K in H. Spikes, Esq.
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KING
X
SHERREL FARNSWORTH
INDEX NO. 506027/2014
AFFIDAVIT
PLAINTIFF,
-Against-
PETER MCKENZIE and J.P. MORGAN CHASE BANK
DEFENDANTS.
X
Sherrell Farnsworth, being duly sworn deposes and says under penalty of perjury as
follows:
1. I submit this affidavit in support of the defendant's Sherrel Farnsworth's Order to
Show Cause seeking to stay the instant foreclosure action and staying the imminent auction of
the subject property currently scheduled for October 31, 2019. Plaintiff seeks this relief on
grounds pursuant to CPLR 2201
2. I have discovered, by reviewing the notice of sale on the NYS Court's website that the
property is scheduled for sale on October 31, 2019. The property is in a prime location here in
Brooklyn. The foreclosure action was commenced on July 1, 2014 and a Judgment of
Foreclosure was entered against defendants on March 28, 2018. Exhibits A.
3. I never received the notice of sale, but obtained the information from a third party.
4. Upon information and belief, the requested relief is appropriately sought before this
court because while I owned 99% interest in the subject property is was named on the mortgage,
my name did not appear on the note and co-defendant Peter McKenzie, the individual who is
named on the Note, Mortgage and Deed (on Deed, as a 1% stakeholder interest, only) has agreed
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
stipulation of settlement in the action entitled SHERREL FARNSWORTH -against- PETER
by
MCKENZIE, JP MORGAN CHASEBANK, SUCCESSOR IN INTEREST BY PURCHASE
FROM FDIC, Index No. 3346/2015 to accept the sum of $120,000.00 to settle his right of
interest in the property and finally allowing me to sell the subject premises to satisfy this claim
pursuant to our agreement spread out on the record on the trial date, at which I was present.
5. Prior to the aforementioned agreement, I was stymied from disposing with this
foreclosure because the defendant McKenzie would not agree to either accept a reasonable pay
off, agree to sell the subject premises or seek modification of the loan.
6. I purchased the subject property in the year 2000 and invested a substantial amount of
money in purchase and renovations to the property. Defendant Mckenzie was not part of the
initial purchase of the property. Defendant McKenzie was only on the property because he
assisted plaintiff in the refinance of her first loan in 2001. The defendant Bank required the
plaintiff to give McKenzie, a one percent interest in the subject premises to secure the mortgage
note as a matter of course. As such, McKenzie was given one percent interest in the property,
while plaintiff retained 99 percent interest in the property. Exhibit B.
8. The subject property maintains significant equity being located in Clinton Hills, Brooklyn,
it is valued at approximately $1.6 million dollars with an outstanding mortgage balance of
approximately $600,000.00 there is almost 1 million dollars of equity in the subject premises.
9. I have procured a purchaser for the subject premises for the sum of $1,242,000.00 with an
expected closing date within 60 days and have received a down payment in the amount of
$42,000.00 Exhibit D - copy of contract and check.
10. Hence, the necessity of the instant order to show cause which seeks only to facilitate the
ability to complete the sale of the subject premises which will afford me the ability to pay off the
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
plaintiff's mortgage and satisfy the debt pursuant to the agreement owed to the defendant
McKenzie.
11. The bank will not be prejudiced by the granting of this stay given the fact that there is
significant equity held by defendant Farnsworth in the subject property. I seek to stay the
foreclosure action so that the sale of the property can be completed and all parties can be made
whole. In short the only manner in which an equitable disposition of this matter could occur is
by allowing the subject property to be sold and stopping the sale.
5EeTrell Farnsworth
Sworn to before me this a
of October 2 19
Notary blic
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
Index No 506027/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KING
X
PETER MCKENZIE, JP MORGAN CHASE
BANK, SUCCESSOR IN INTEREST BY PURCHASE
FROM FDIC,
Plaintiff,
-against-
PETER MCKENZIE, SHERREL FARNSWORTH et
al
Defendants.
X
ORDER TO SHOW CAUSE, AFFIRMATION
AND AFFIDAVIT IN SUPPORT
Rule 130.1.1(a)
Kevin Spikes
Thomas & Spikes, Esqs.
Attorneys for Defendant
2nd
111 Court Street,
Brooklyn, NY 11201
(718) 852-1899
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KING
X
SHERREL FARNSWORTH
INDEX NO. 506027/2014
AFFIRMATION
PLAINTIFF,
-Against-
PETER MCKENZIE and J.P. MORGAN CHASE BANK
DEFENDANTS.
X
KEVIN H. SPIKES, being duly sworn deposes and says under penalty of perjury as follows:
On October 28, 2019 at approximately at 2 p.m I contacted Fein, Such and Crane -and spoke to
Costello in the litigation Department by phone and informed him that I will filing the instant
Order to Show Cause on October 29, 2019 at 2:30 pm at the Kings County Supreme Court, 360
Adams Street, Brooklyn, New York in the Ex-parte motion part and that I would be seeking a
Emergency Stay of the an auction sale scheduled for October 31, 2019. On the same day, I also
spoke to defendant Peter Mckenzie at approximately 3:00p.m and advised him of the above.
I am unsure as were they whether they would be appearing on this date.
K m H. Spi
Dated: October 28, 2019
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023
Index No 506027/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KING
X
PETER MCKENZIE, JP MORGAN CHASE
BANK, SUCCESSOR IN INTEREST BY PURCHASE
FROM FDIC,
Plaintiff,
-against-
PETER MCKENZIE, SHERREL FARNSWORTH et
al
Defendants.
X
ORDER TO SHOW CAUSE, AFFIRMATION
AND AFFIDAVIT IN SUPPORT
Rule 130.1.1(a)
Kevi Spikes
Thomas & Spikes, Esqs.
Attorneys for Defendant
2"'
111 Court Street, fl
Brooklyn, NY 11201
(718) 852-1899
FILED: KINGS COUNTY CLERK 03/10/2023
10/29/2019 12:13
02:31 PM INDEX NO. 506027/2014
INDEX
NO. 506027/2014
[ffLED:
NYSCEF DOC.KINGS---COUNTY
NO. 329187 CLERK 04/20/2018 09:05 AM) RECEIVED NYSCEF: 10/29/2019
03/10/2023
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018
At IAS Part of the
Supreme Court of the State of New
York, beld in and for the County of
KINGS at the Courthouse, at Civic
%
Ce er, BROOKLYN, New York, on the
day of Oh . 201%
PRESENT: HON. NOACH DEAR
JUSTICE PRESIDING
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, SUCCESSOR fN INTEREST BY
PURCHASE FROM THE FEDERAL DEPOSIT
INSUR.ANCE CORPORATION AS RECEIVER OF
WASHINGTON MUTUAI BANK F/K/A WASHINGTON
M.UTUAL BANK, FA., SUCCESSOR IN INTEREST
TO NORTH AMERICAN MORTGAGE COMPANY
Plaintiff, JUDGMENT OF
-vs- FORECLOSURF
& SALE
Foreclosure of:
240 GRFENE AVENUE
BROOKLYN, NY 11238
PETER K. MCKENZlE; SHERREL FARNSWORTH
A/K/A SHERREL A. FARNSWORTH; JPMORGAN
CHASE BANK, N.A.; RAB PERFORMANCE
RECOVERIES, Ll-C; AMERICAN EXPRESS RANK
FSB, CAPffAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW YORK
Cl fY ENVIRONMENTAL CONTROL BOARD;
NYC DEPARTMENT OF FINANCE-PARKfNG
VIOLATR)NS BUREAU; WILLIAM DOE; AND
DANIELLE MOORE, Index No.:
Defendants. 506027/2014
Block: 1966 I ot: 18
On the Summons, Verified Complaint and Notice of Pendency of Action duly filed in this
action on Jtdy 1, 2014, the Order of Reference dated June 19. 2016 and all proceedings thereon:
and on the reading and filing of the Affirmation of FE1N. SUCH & CRANFL Li P, Kristin M.
Mykulak Esq., of counsel for PlaintifT, dated April 21, 2016, showing that cach of the
defendants herein have been du!y served with the Summons and Complaint in this action, or
Preview
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 EXHIBIT Q FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 Supreme Court of the State of New York, at a IAS Part of the Supreme Court, Kings County located at 360 Adams Street, Brooklyn, New York 11201 on the day of October 2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KING JP MORGAN CHASE BANK, SUCCESSOR IN INTEREST BY PURCHASE FROM FDIC, Plaintiff, INDEX NUMBER: 506027/2014 ORDER TO SHOW CAUSE -against- PETER MCKENZlE, SHERREL FARNSWORTH et. al Defendants. X Upon reading and filing the annexed affirmation of Kevin H. Spikes, Esq. duly affirmed on the day of October 2019 and affidavit of Sherrell Farnsworth sworn to on the¾Óay of October 2019 the exhibits thereto, and upon all the prior pleadings and proceedings heretofore had herein, LET the Defendant(s) Peter McKenzie and JP Morgan Chase Bank, successor in interest by purchase from FDIC and counsel for the Defendant(s) show cause before this Court, at I.A.S Part before Justice ____ at the courthouse located at 360 Adams Street, Brooklyn, New York, Room , on the day of November 2019 at 9:30 a.m., o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, why an Order should not be entered: 1. Staying the Defendant JP Morgan Chase Bank and/or their agents, and the Referee, from seeking to enforce the terms of the order and judgment of foreclosure and sale by selling and/or transferring title to the property known as 240 Greene Avenue, Brooklyn, New York 11238 under the instant action; FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 2. Staying the instant proceeding pending the completion of the sale of subject property. 3. For such other and further relief as to the court seems just and proper. ORDERED that PENDING a determination of this application the Defendant JP Morgan Chase Bank, its agents and assigns and the Referee are stayed from auctioning, selling, and/or transferring any interest in the subject property located at 240 Greene Avenue, Brook.Iyn, NY. LET service of a copy of this Order and the papers upon which it is based by personal service upon Fein, Such and Crane, Attorneys for Defendant, the Referee and Defendant Mckenzie and by personal service/or by overnight mailing on or before be deemed good and sufficient. ENTER: J.S.C Dated: October , 2019 FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KING X JP MORGAN CHASE BANK, SUCCESSOR IN INTEREST BY PURCHASE FROM FDIC, Plaintiff, AFFIRMATION INDEX NUMBER: 506027/2014 -against- PETER MCKENZIE, SHERREL FARNSWORTH et al Defendants. X Kevin H. Spikes, Esq. partner to the Firm of Thomas & Spikes, Esqs. an attorney duly admitted to practice law before the courts of the State of New York do hereby affirm the following under penalties of perjury. 1. I submit this affirmation in support of the defendant's Sherrel Farnsworth's Order to Show Cause seeking to stay the instant foreclosure action and staying the imminent auction of the subject property currently scheduled for October 31, 2019. Plaintiff seeks this relief on grounds pursuant to CPLR 2201- a court a proceeding "upon such terms as be may stay may just." 2. I have discovered, by reviewing the notice of sale on the NYS Court's website that the property is scheduled for sale on October 31, 2019. The property is in a prime location here in Brooklyn. The foreclosure action was commenced on July 1, 2014 and a Judgment of Foreclosure was entered against defendants on March 2018. Exhibits: A - judgment of 28, foreclosure and Sale. 3. Upon information and belief, the requested relief is appropriately sought before this FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 court because defendant Farnsworth (whose name does appear on note), and the co-defendant Peter McKenzie, the individual who is named on the Note, Mortgage and Deed (as a 1% interest stakeholder, only) stymied her efforts to sell the property and/or seek a modification because of his refusal to negotiate in good faith with respect to his one percent interest. Exhibit B, copy of deed. 4. As a result, plaintiff commenced a partition action Sherrell Farnsworth v. Peter McKenzie, JP Morgan Chase Bank in interest by purchase from FDIC, Index No.3346/2015 against defendant McKenzie and that action was settled per stipulation spread across the record on July 11, 2019 wherein the defendant McKenzie has agreed by stipulation of settlement to accept the sum of $120,000 for any and all interest he possesses in the subject premises. Additionally, McKenzie agreed to allow Farnsworth to sell the subject premises to ensure that both the plaintiff's mortgage is satisfied and that McKenzie's settlement is paid as per the agreement. The Court has to date not provided a written order to this effect, but your counsel appeared on that date. Exhibit C, copy of the ecourt screen showing marking "settled trial." before 5. As a result of this agreement, defendant Farnsworth is currently free to sell the subject property, pay off the mortgage and satisfy the agreement with the co-defendant McKenzie. 6. Upon information and belief, plaintiff purchased the subject property in the year 2000. Plaintiff invested a substantial amount of money in purchase and renovaton the property. Defendant Mckenzie was not part of the initial purchase of the property. Defendant McKenzie assisted plaintiff in a refinance of her first loan in 2001. FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 7. Upon information and belief, defendant Farnsworth procured a purchaser for the subject premises for the sum of $1,242,000.00 with an expected closing date within 60 days and there is a down payment of $42,000.00. Exhibit D. 8. Upon information and belief, the subject property maintains significant equity being located in Clinton Hills, Brooklyn, it is valued at approximately $1.6 million dollars with an outstanding mortgage balance of approximately $600,000.00 there is almost 1 million dollars of equity in the subject premises. 9. This is the second Order to Show Cause filed by the plaintiff in this Foreclosure part, the first seeking to vacate the default judgment was denied presumably because of the fact that the defendant Farnsworth did not appear in the Note. 10. However there was an additional order to show cause filed which was returnable on July 25, 2019 in the partition action seeking to stay this foreclosure action wherein interim emergency application for relief was granted and afforded the defendant Farnsworth the ability to settle the partition action and since that was the only relief sought in the instant order to show cause it was withdrawn on the return date. 11. Hence, the necessity of the instant order to show cause which seeks only to facilitate the ability to complete the sale of the subject premises which will afford the defendant Farnsworth the ability to pay off the mortgage and satisfy the debt pursuant to the agreemeñt owed to the defendant McKenzie. 12. The bank will not be prejudiced by the granting of this stay given the fact that they are aware of the partition action and the significant equity held by plaintiff in the subject property. FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 Wherefore, I respectfully request that the court grants me the relief set forth herein in its entirety together with such other and further relief as this court may deem just and proper Dated: October 28 , 2019 Brooklyn, New York K in H. Spikes, Esq. FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KING X SHERREL FARNSWORTH INDEX NO. 506027/2014 AFFIDAVIT PLAINTIFF, -Against- PETER MCKENZIE and J.P. MORGAN CHASE BANK DEFENDANTS. X Sherrell Farnsworth, being duly sworn deposes and says under penalty of perjury as follows: 1. I submit this affidavit in support of the defendant's Sherrel Farnsworth's Order to Show Cause seeking to stay the instant foreclosure action and staying the imminent auction of the subject property currently scheduled for October 31, 2019. Plaintiff seeks this relief on grounds pursuant to CPLR 2201 2. I have discovered, by reviewing the notice of sale on the NYS Court's website that the property is scheduled for sale on October 31, 2019. The property is in a prime location here in Brooklyn. The foreclosure action was commenced on July 1, 2014 and a Judgment of Foreclosure was entered against defendants on March 28, 2018. Exhibits A. 3. I never received the notice of sale, but obtained the information from a third party. 4. Upon information and belief, the requested relief is appropriately sought before this court because while I owned 99% interest in the subject property is was named on the mortgage, my name did not appear on the note and co-defendant Peter McKenzie, the individual who is named on the Note, Mortgage and Deed (on Deed, as a 1% stakeholder interest, only) has agreed FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 stipulation of settlement in the action entitled SHERREL FARNSWORTH -against- PETER by MCKENZIE, JP MORGAN CHASEBANK, SUCCESSOR IN INTEREST BY PURCHASE FROM FDIC, Index No. 3346/2015 to accept the sum of $120,000.00 to settle his right of interest in the property and finally allowing me to sell the subject premises to satisfy this claim pursuant to our agreement spread out on the record on the trial date, at which I was present. 5. Prior to the aforementioned agreement, I was stymied from disposing with this foreclosure because the defendant McKenzie would not agree to either accept a reasonable pay off, agree to sell the subject premises or seek modification of the loan. 6. I purchased the subject property in the year 2000 and invested a substantial amount of money in purchase and renovations to the property. Defendant Mckenzie was not part of the initial purchase of the property. Defendant McKenzie was only on the property because he assisted plaintiff in the refinance of her first loan in 2001. The defendant Bank required the plaintiff to give McKenzie, a one percent interest in the subject premises to secure the mortgage note as a matter of course. As such, McKenzie was given one percent interest in the property, while plaintiff retained 99 percent interest in the property. Exhibit B. 8. The subject property maintains significant equity being located in Clinton Hills, Brooklyn, it is valued at approximately $1.6 million dollars with an outstanding mortgage balance of approximately $600,000.00 there is almost 1 million dollars of equity in the subject premises. 9. I have procured a purchaser for the subject premises for the sum of $1,242,000.00 with an expected closing date within 60 days and have received a down payment in the amount of $42,000.00 Exhibit D - copy of contract and check. 10. Hence, the necessity of the instant order to show cause which seeks only to facilitate the ability to complete the sale of the subject premises which will afford me the ability to pay off the FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 plaintiff's mortgage and satisfy the debt pursuant to the agreement owed to the defendant McKenzie. 11. The bank will not be prejudiced by the granting of this stay given the fact that there is significant equity held by defendant Farnsworth in the subject property. I seek to stay the foreclosure action so that the sale of the property can be completed and all parties can be made whole. In short the only manner in which an equitable disposition of this matter could occur is by allowing the subject property to be sold and stopping the sale. 5EeTrell Farnsworth Sworn to before me this a of October 2 19 Notary blic FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 Index No 506027/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KING X PETER MCKENZIE, JP MORGAN CHASE BANK, SUCCESSOR IN INTEREST BY PURCHASE FROM FDIC, Plaintiff, -against- PETER MCKENZIE, SHERREL FARNSWORTH et al Defendants. X ORDER TO SHOW CAUSE, AFFIRMATION AND AFFIDAVIT IN SUPPORT Rule 130.1.1(a) Kevin Spikes Thomas & Spikes, Esqs. Attorneys for Defendant 2nd 111 Court Street, Brooklyn, NY 11201 (718) 852-1899 FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KING X SHERREL FARNSWORTH INDEX NO. 506027/2014 AFFIRMATION PLAINTIFF, -Against- PETER MCKENZIE and J.P. MORGAN CHASE BANK DEFENDANTS. X KEVIN H. SPIKES, being duly sworn deposes and says under penalty of perjury as follows: On October 28, 2019 at approximately at 2 p.m I contacted Fein, Such and Crane -and spoke to Costello in the litigation Department by phone and informed him that I will filing the instant Order to Show Cause on October 29, 2019 at 2:30 pm at the Kings County Supreme Court, 360 Adams Street, Brooklyn, New York in the Ex-parte motion part and that I would be seeking a Emergency Stay of the an auction sale scheduled for October 31, 2019. On the same day, I also spoke to defendant Peter Mckenzie at approximately 3:00p.m and advised him of the above. I am unsure as were they whether they would be appearing on this date. K m H. Spi Dated: October 28, 2019 FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 03/10/2023 Index No 506027/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KING X PETER MCKENZIE, JP MORGAN CHASE BANK, SUCCESSOR IN INTEREST BY PURCHASE FROM FDIC, Plaintiff, -against- PETER MCKENZIE, SHERREL FARNSWORTH et al Defendants. X ORDER TO SHOW CAUSE, AFFIRMATION AND AFFIDAVIT IN SUPPORT Rule 130.1.1(a) Kevi Spikes Thomas & Spikes, Esqs. Attorneys for Defendant 2"' 111 Court Street, fl Brooklyn, NY 11201 (718) 852-1899 FILED: KINGS COUNTY CLERK 03/10/2023 10/29/2019 12:13 02:31 PM INDEX NO. 506027/2014 INDEX NO. 506027/2014 [ffLED: NYSCEF DOC.KINGS---COUNTY NO. 329187 CLERK 04/20/2018 09:05 AM) RECEIVED NYSCEF: 10/29/2019 03/10/2023 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 At IAS Part of the Supreme Court of the State of New York, beld in and for the County of KINGS at the Courthouse, at Civic % Ce er, BROOKLYN, New York, on the day of Oh . 201% PRESENT: HON. NOACH DEAR JUSTICE PRESIDING JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR fN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSUR.ANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAI BANK F/K/A WASHINGTON M.UTUAL BANK, FA., SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY Plaintiff, JUDGMENT OF -vs- FORECLOSURF & SALE Foreclosure of: 240 GRFENE AVENUE BROOKLYN, NY 11238 PETER K. MCKENZlE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN CHASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, Ll-C; AMERICAN EXPRESS RANK FSB, CAPffAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK Cl fY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF FINANCE-PARKfNG VIOLATR)NS BUREAU; WILLIAM DOE; AND DANIELLE MOORE, Index No.: Defendants. 506027/2014 Block: 1966 I ot: 18 On the Summons, Verified Complaint and Notice of Pendency of Action duly filed in this action on Jtdy 1, 2014, the Order of Reference dated June 19. 2016 and all proceedings thereon: and on the reading and filing of the Affirmation of FE1N. SUCH & CRANFL Li P, Kristin M. Mykulak Esq., of counsel for PlaintifT, dated April 21, 2016, showing that cach of the defendants herein have been du!y served with the Summons and Complaint in this action, or