Preview
FILED: KINGS COUNTY CLERK 12/02/2016 09:59 AM INDEX NO. 521356/2016
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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FEDERAL NATIONAL MORTGAGE ASSOCIATION
Index No.:
Plaintiff,
-against-
VERIFIED COMPLAINT
Assigned Judge:
ARON MARKOWITZ and
"JOHN DOE# 1" through "JOHN DOE #12," the
last twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, person or corporations, if any,
having or claiming an interest in or lien upon the property
described in the complaint.
Defendants.
Plaintiff Federal National Mortgage Association (or "Plaintiff') by its attorneys, Fidelity
National Law Group, for its Verified Complaint alleges, with knowledge as to its own acts and
upon information and belief as to all other matters, as follows:
A. Nature of this Action
1. This action is brought for the purpose of obtaining a judgment reforming the
Mortgage in the amount of$350,000 dated April 17, 2008 given by Defendant Aron Markowitz
to MERS as nominee for CitiMortgage on the premises known as 210 Middleton Street, Unit IA,
Brooklyn, New York (hereinafter the "Property") to include a legal description of the Property.
2. This action is brought in equity and under the provisions of Article 15 of the Real
Property Actions and Proceedings Law to establish of record Defendant Aron Markowitz's title
to the Property, as it is subject to a mortgage held by Plaintiff.
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3. Further, this action is brought in equity and under the provisions of Article 15 of
the Real Property Actions and Proceedings Law to remove clouds upon and quiet title and to
establish Plaintiffs secured first position mortgage interest in the Property. This is necessary due
to the fact that the Mortgage was mistakenly recorded without a legal description of the Property.
B. The Parties
4. Plaintiff is a federal savings bank authorized to do business in the State of New
York and is the holder of a note secured as a mortgage against the Property in the principal
amount of $350,000.
5. Defendant Aron Markowitz is the current owner of the Property, having taken
title by a Deed dated April 17, 2008 from Always Green LLC.
C. The Relevant Facts
7. Aron Markowitz is the owner of the Property by Deed dated April 17, 2008 and
recorded in the Kings County Clerk's Office on May 1, 2008 under CRFN 2008000175347
(hereinafter the "Deed"). The Deed is attached hereto as Exhibit "A"
8. The Deed contained the legal description attached hereto as Exhibit "B".
9. Defendant Aron Markowitz delivered a fully executed Mortgage to MERS as
nominee for CitiMortgage, Inc. against the Property on April 17. 2008 in the amount of $350,000
(hereinafter the "Mortgage"). Said Mortgage is attached hereto as Exhibit "C."
10. The Mortgage was recorded in the King's County Clerk's Office on May 1, 2008
under CRFN 2008000175349 in Instrument No. 200827390.
11. At the time of recording, the Mortgage was entrusted to a representative of the title
company.
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12. By inadvertence or mistake, the Mortgage was recorded without a legal description,
which is contrary to the intention of the parties.
13. MERS as Nominee for CitiMortgage assigned the Mortgage to CitiMortgage, Inc. on
July 20, 2010. Said Assignment was recorded in the King's County Clerk's Office on August 12,
2010 under CRFN 2010000272567 and is attached hereto as Exhibit "D."
14. CitiMortgage assigned the Mortgage to the Plaintiff on October 14, 2014. Said
Assignment was recorded in the King's County Clerk's Office on October 22, 2014 under CRFN
2014000351158 and is attached hereto as Exhibit "E."
15. The legal description contained in the Deed and annexed hereto as Exhibit "B" is
a correct and accurate description of the Property.
16. By reason of the Mortgage mistakenly failing to contain a legal description, the
Plaintiffs interest in the Property is imperiled.
17. The Defendants claim, or it appears from the public records and the allegations of
this Complaint might claim, an estate or interest in the Property adverse to the Plaintiff and are
made parties therefore.
18. That the Defendants herein are of full age and sound mind and are not absentees,
infants, incompetents, or alcohol abusers. A Judgment or Declaration herein will not affect a
person or persons not in being or ascertained at the commencement of this action, who by any
contingency contained in a devise or grant or otherwise, could afterward become entitled to a
beneficial estate or interest in the property involved. All necessary parties have been named
herein.
FIRST CAUSE OF ACTION
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19. Plaintiff repeats and reiterates each and every allegation contained in paragraphs
"1" through "18" above as if fully set forth herein.
20. In accordance with the foregoing, Plaintiff is entitled to a Judgment of this Court
declaring that Plaintiff has a valid security interest in the Property as described in the legal
description as set forth in Exhibit "B" by virtue of the mortgage in the amount of $350,000.00
dated April 17, 2008 given by Defendant Aron Markowitz to MERS as nominee for
CitiMortgage on the premises known as 210 Middleton Street, Brooklyn, New York and
reforming the mortgage to include the legal description as set forth in Exhibit "B."
21. Plaintiff has no adequate remedy at law.
WHEREFORE, it is respectfully requested that the Court grant judgment to Plaintiff as
follows:
(a) On the FIRST Cause of Action: a Judgment declaring that Plaintiff has a valid
security interest in the Property as described in the legal description as set forth in
Exhibit B by virtue of the mortgage in the amount of $350,000.00 dated April
17, 2008 given by Defendant Aron Markowitz to MERS as nominee for
CitiMortgage on the premises known as 210 Middleton Street, Brooklyn, New
York and reforming the mortgage to include the legal description as set forth in
Exhibit B.
(b) On all Causes of Action: declaring that the Defendants, and every person or entity
claiming under them by title accruing after the filing of the judgment roll, or of
the Notice of Pendency of this action, as prescribed by law, be and the same
hereby are forever barred and precluded from asserting such claim, the invalidity
of which is established in this action, to an estate or interest in the Subject
Property, of any kind or nature whatsoever;
(c) On all Causes of Action: providing for such other and further relief as the Court
may deem just and proper.
Dated: ix e - '1 I I~
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New York, New York
Julia Kiefer, Esq.
Attorney for Plaintiff
Fidelity National Law Group
350 5th Avenue, Suite 3000
New York, New York 10118
646.432.8586
VERIFICATION
Stateof0~
County of IJ)CtSN (\~kf\...
:.t:v.r-\::nr4 ~~fueing duly sworn deposes and says that:
I am a~~;I\ 4V1:::> of~S"-~~~~:ieeiati-ee., the Plaintiff
in the action and have read the foregoing Complaint and know the contents thereof; that the same
is true to my own knowledge, except as to matters therein stated to be alleged upon information
and belief, and that as to those matters I believe them to be true.
Dated: f
a;.. I3
_,2016
Federal National M~rtgage Association
b'/ ! SETERUS, lNC.
~ r ITSATTORNEY\NFACT
By:
Barbara Smith
Loan Administration AVP
As sworn tom~
,/3 dayof~ ,2013
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Notary Public 7£,rr-~1 r l ~ e f/i(, r/Cl/7 d
CERTIFICATE OF CONFORMITY
STATE OF0£-~DU
OFFICIAL STAMP
COUNTY OF /AhS h 1'f\j-k; ~ TERRI LEE HARLAND
NOTARY PUBLIC - OREGON
COMMISSION NO. 478131A
MY COMMISSION EXPIRES MAY 09, 2017
I ·~\AV0 cr- ~\\;\\o{l ~ attorney duly licensed to practice law in the State of
0ff!C\OV\
l~
, affirm under penalty of perjury and certify that, I witnessed the signature of
Tu rbr&J~ applied to the Verification annexed to this Certificate, which was signed
and dated on a+ (j.2o(
, je . The manner in which same was signed was, and is, in
accordance with, and conforms to, the Laws for taking oaths and acknowledgments, in the State
of()(J;/:;:,/D J ,being the State in which it was taken; and that it duly conforms with such
laws and is in all respects valid and effective in such state.
IN WITNESS WHEREOF, I have hereunto set my signature, this -13_day of
actvbec , 2016.
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Preview
FILED: KINGS COUNTY CLERK 12/02/2016 09:59 AM INDEX NO. 521356/2016 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ===-==-:--=--=-:--:--==-=--=-~~~~~~~~~~~~~·x FEDERAL NATIONAL MORTGAGE ASSOCIATION Index No.: Plaintiff, -against- VERIFIED COMPLAINT Assigned Judge: ARON MARKOWITZ and "JOHN DOE# 1" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, person or corporations, if any, having or claiming an interest in or lien upon the property described in the complaint. Defendants. Plaintiff Federal National Mortgage Association (or "Plaintiff') by its attorneys, Fidelity National Law Group, for its Verified Complaint alleges, with knowledge as to its own acts and upon information and belief as to all other matters, as follows: A. Nature of this Action 1. This action is brought for the purpose of obtaining a judgment reforming the Mortgage in the amount of$350,000 dated April 17, 2008 given by Defendant Aron Markowitz to MERS as nominee for CitiMortgage on the premises known as 210 Middleton Street, Unit IA, Brooklyn, New York (hereinafter the "Property") to include a legal description of the Property. 2. This action is brought in equity and under the provisions of Article 15 of the Real Property Actions and Proceedings Law to establish of record Defendant Aron Markowitz's title to the Property, as it is subject to a mortgage held by Plaintiff. 1 1 of 6 3. Further, this action is brought in equity and under the provisions of Article 15 of the Real Property Actions and Proceedings Law to remove clouds upon and quiet title and to establish Plaintiffs secured first position mortgage interest in the Property. This is necessary due to the fact that the Mortgage was mistakenly recorded without a legal description of the Property. B. The Parties 4. Plaintiff is a federal savings bank authorized to do business in the State of New York and is the holder of a note secured as a mortgage against the Property in the principal amount of $350,000. 5. Defendant Aron Markowitz is the current owner of the Property, having taken title by a Deed dated April 17, 2008 from Always Green LLC. C. The Relevant Facts 7. Aron Markowitz is the owner of the Property by Deed dated April 17, 2008 and recorded in the Kings County Clerk's Office on May 1, 2008 under CRFN 2008000175347 (hereinafter the "Deed"). The Deed is attached hereto as Exhibit "A" 8. The Deed contained the legal description attached hereto as Exhibit "B". 9. Defendant Aron Markowitz delivered a fully executed Mortgage to MERS as nominee for CitiMortgage, Inc. against the Property on April 17. 2008 in the amount of $350,000 (hereinafter the "Mortgage"). Said Mortgage is attached hereto as Exhibit "C." 10. The Mortgage was recorded in the King's County Clerk's Office on May 1, 2008 under CRFN 2008000175349 in Instrument No. 200827390. 11. At the time of recording, the Mortgage was entrusted to a representative of the title company. 2 2 of 6 12. By inadvertence or mistake, the Mortgage was recorded without a legal description, which is contrary to the intention of the parties. 13. MERS as Nominee for CitiMortgage assigned the Mortgage to CitiMortgage, Inc. on July 20, 2010. Said Assignment was recorded in the King's County Clerk's Office on August 12, 2010 under CRFN 2010000272567 and is attached hereto as Exhibit "D." 14. CitiMortgage assigned the Mortgage to the Plaintiff on October 14, 2014. Said Assignment was recorded in the King's County Clerk's Office on October 22, 2014 under CRFN 2014000351158 and is attached hereto as Exhibit "E." 15. The legal description contained in the Deed and annexed hereto as Exhibit "B" is a correct and accurate description of the Property. 16. By reason of the Mortgage mistakenly failing to contain a legal description, the Plaintiffs interest in the Property is imperiled. 17. The Defendants claim, or it appears from the public records and the allegations of this Complaint might claim, an estate or interest in the Property adverse to the Plaintiff and are made parties therefore. 18. That the Defendants herein are of full age and sound mind and are not absentees, infants, incompetents, or alcohol abusers. A Judgment or Declaration herein will not affect a person or persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved. All necessary parties have been named herein. FIRST CAUSE OF ACTION 3 3 of 6 19. Plaintiff repeats and reiterates each and every allegation contained in paragraphs "1" through "18" above as if fully set forth herein. 20. In accordance with the foregoing, Plaintiff is entitled to a Judgment of this Court declaring that Plaintiff has a valid security interest in the Property as described in the legal description as set forth in Exhibit "B" by virtue of the mortgage in the amount of $350,000.00 dated April 17, 2008 given by Defendant Aron Markowitz to MERS as nominee for CitiMortgage on the premises known as 210 Middleton Street, Brooklyn, New York and reforming the mortgage to include the legal description as set forth in Exhibit "B." 21. Plaintiff has no adequate remedy at law. WHEREFORE, it is respectfully requested that the Court grant judgment to Plaintiff as follows: (a) On the FIRST Cause of Action: a Judgment declaring that Plaintiff has a valid security interest in the Property as described in the legal description as set forth in Exhibit B by virtue of the mortgage in the amount of $350,000.00 dated April 17, 2008 given by Defendant Aron Markowitz to MERS as nominee for CitiMortgage on the premises known as 210 Middleton Street, Brooklyn, New York and reforming the mortgage to include the legal description as set forth in Exhibit B. (b) On all Causes of Action: declaring that the Defendants, and every person or entity claiming under them by title accruing after the filing of the judgment roll, or of the Notice of Pendency of this action, as prescribed by law, be and the same hereby are forever barred and precluded from asserting such claim, the invalidity of which is established in this action, to an estate or interest in the Subject Property, of any kind or nature whatsoever; (c) On all Causes of Action: providing for such other and further relief as the Court may deem just and proper. Dated: ix e - '1 I I~ 4 4 of 6 New York, New York Julia Kiefer, Esq. Attorney for Plaintiff Fidelity National Law Group 350 5th Avenue, Suite 3000 New York, New York 10118 646.432.8586 VERIFICATION Stateof0~ County of IJ)CtSN (\~kf\... :.t:v.r-\::nr4 ~~fueing duly sworn deposes and says that: I am a~~;I\ 4V1:::> of~S"-~~~~:ieeiati-ee., the Plaintiff in the action and have read the foregoing Complaint and know the contents thereof; that the same is true to my own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters I believe them to be true. Dated: f a;.. I3 _,2016 Federal National M~rtgage Association b'/ ! SETERUS, lNC. ~ r ITSATTORNEY\NFACT By: Barbara Smith Loan Administration AVP As sworn tom~ ,/3 dayof~ ,2013 5 5 of 6 Notary Public 7£,rr-~1 r l ~ e f/i(, r/Cl/7 d CERTIFICATE OF CONFORMITY STATE OF0£-~DU OFFICIAL STAMP COUNTY OF /AhS h 1'f\j-k; ~ TERRI LEE HARLAND NOTARY PUBLIC - OREGON COMMISSION NO. 478131A MY COMMISSION EXPIRES MAY 09, 2017 I ·~\AV0 cr- ~\\;\\o{l ~ attorney duly licensed to practice law in the State of 0ff!C\OV\ l~ , affirm under penalty of perjury and certify that, I witnessed the signature of Tu rbr&J~ applied to the Verification annexed to this Certificate, which was signed and dated on a+ (j.2o( , je . The manner in which same was signed was, and is, in accordance with, and conforms to, the Laws for taking oaths and acknowledgments, in the State of()(J;/:;:,/D J ,being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. IN WITNESS WHEREOF, I have hereunto set my signature, this -13_day of actvbec , 2016. 6 6 of 6