Motion-Secondary: U.S. Bank National Association, As Trustee For Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2005-8 v. Robert Dudley a/k/a Robert Dudly, City Of New York Environmental Control Board, City Of New York Parking Violations Bureau, City Of New York Transit Adjudication Bureau, Tiffany Jones, Jane Doe, John Doe
On July 23, 2014 a
Motion-Secondary
was filed
involving a dispute between
U.S. Bank National Association, As Trustee For Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2005-8,
and
City Of New York Environmental Control Board,
City Of New York Parking Violations Bureau,
City Of New York Transit Adjudication Bureau,
Jane Doe,
John Doe,
Robert Dudley
A K A Robert Dudly,
Tiffany Jones,
for Foreclosure (residential mortgage)
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 03/28/2023 06:35 PM INDEX NO. 35507/2014E
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 03/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
U.S. Bank National Association, as Trustee for Structured
Asset Investment Loan Trust Mortgage Pass-Through
Certificates, Series, 2005-8
Plaintiff
AFFIDAVIT OF JAMAL DUDLEY
Index # : 355071/2014E
-against-
Robert Dudley a/k/a Robert Dudl; City of New York
Environmental Control Board: City
of New York Parking
Violations Bureau; City of New York Transit Adjudication
Bureau; Jones; "Jane Doe"; "John Doe",
Tiffany
Defendants
STATE OF NEW YORK )
ss
COUNTY OF BRONX )
Jamal says and depose:
Dudley duly affirms,
1. I am the Proposed Administrator of the Estate of my brother, Robert Dudley Jr.,
deceased.
Robert is named as one of the defendants and mortgagor and legal owner of property
2. Dudley
1354 which the subject of the
located at Teller Avenue, Bronx, NY, 10456, is property
foreclosure action.
and no mental disability. reside in the
3. I am over the age of 18 years I suffer legal or I County
of Bronx, State of New York
and hereinafter set forth.
4. I am fully
familiar with the facts circumstances, as
sought or similar relief has been made to any
5. No prior application for the relief herein any
Court or Judge.
Name Medical Teaneck
That brother Robert died on 10/24/2021 at
Holy Center,
6.
my Dudley
NJ. (A of the Death Certificate is exhibited hereto and marked A for
Township, copy
identification).
submitted in Support to Defendant Order to Show Cause
7. This Affidavit is respectfully
the judgment and sale of the subject property
and
Injunctive and other relief to stay
requesting
and Sale dated 03/04/2016 and dismiss the
to vacate or set aside Judgment of Foreclosure
action. (Judgment of Foreclosure and sale is exhibited hereto and Marked B for identification).
Summons and Complaint on 23, 2014, with
8. This action commenced by Plaintiff filing
a July
Pendency. of Summons and Complaint is exhibited hereto and Marked C for
Notice of (Copy
identification.)
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FILED: BRONX COUNTY CLERK 03/28/2023 06:35 PM INDEX NO. 35507/2014E
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 03/28/2023
9. That by the time the Notice of Entry was filed and served on December 15, 2021, my brother
was already
passed.
10. I have contacted a probate attorney to represent me in
filing
a Petition for Administration of
the Estate at Bronx County Surrogate's Court.
11. The probate attorney advised me to contact an attorney to assist in the foreclosure action.
12. The foreclosure
attorney advised me that it is
necessary to move the court immediately for an
Order to Show Cause because my brother died during the pendency of this case and before he
could be served with the Notice of Entry of the Judgment of Foreclosure and Sale.
13. Also I was advised by the foreclosure
attorney
that the Court can and may appoint me as
temporary administrator for the purposes of bringing this Order to Show Cause and in order
to secure the assets of the Estate of the deceased Robert Dudley, Jr.
WHEREFORE, I
respectfully request this Court grant Defendant's Order to Show Cause
pursuant to CPRL. §6301, 6311 and 6313, CPLR Section 1015 restraining
and enjoining
Plaintiff from :
1.
Effecting any Judgment of Sale on the
property located at 1354 Teller Ave, Bronx, NY 10456
2.
Publishing any Notice of Sale with respect to the sale of the said property located at 1354
Teller Ave, Bronx, NY 10456
3.
Taking any action or steps that promotes or enhances the sale of the said property UNTIL
proper substitution is completed or the case is dismissed pursuant to CPLR 1015.
4.
Alternatively why the foreclosure action should not be dismissed pursuant to CPLR section
1015.
5. And for the purpose of standing
in
bringing this Order to Show Cause. appointing Jamal
as Temporary Administrator.
Dudley
6. further relief that this Court deems just and proper.
Any
Jamal Dudley
Sworn anDseM 4 to before me
---
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FILED: BRONX COUNTY CLERK 03/28/2023 06:35 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 03/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series, 2005-8 Plaintiff AFFIDAVIT OF JAMAL DUDLEY Index # : 355071/2014E -against- Robert Dudley a/k/a Robert Dudl; City of New York Environmental Control Board: City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau; Jones; "Jane Doe"; "John Doe", Tiffany Defendants STATE OF NEW YORK ) ss COUNTY OF BRONX ) Jamal says and depose: Dudley duly affirms, 1. I am the Proposed Administrator of the Estate of my brother, Robert Dudley Jr., deceased. Robert is named as one of the defendants and mortgagor and legal owner of property 2. Dudley 1354 which the subject of the located at Teller Avenue, Bronx, NY, 10456, is property foreclosure action. and no mental disability. reside in the 3. I am over the age of 18 years I suffer legal or I County of Bronx, State of New York and hereinafter set forth. 4. I am fully familiar with the facts circumstances, as sought or similar relief has been made to any 5. No prior application for the relief herein any Court or Judge. Name Medical Teaneck That brother Robert died on 10/24/2021 at Holy Center, 6. my Dudley NJ. (A of the Death Certificate is exhibited hereto and marked A for Township, copy identification). submitted in Support to Defendant Order to Show Cause 7. This Affidavit is respectfully the judgment and sale of the subject property and Injunctive and other relief to stay requesting and Sale dated 03/04/2016 and dismiss the to vacate or set aside Judgment of Foreclosure action. (Judgment of Foreclosure and sale is exhibited hereto and Marked B for identification). Summons and Complaint on 23, 2014, with 8. This action commenced by Plaintiff filing a July Pendency. of Summons and Complaint is exhibited hereto and Marked C for Notice of (Copy identification.) 1 of 2 FILED: BRONX COUNTY CLERK 03/28/2023 06:35 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 03/28/2023 9. That by the time the Notice of Entry was filed and served on December 15, 2021, my brother was already passed. 10. I have contacted a probate attorney to represent me in filing a Petition for Administration of the Estate at Bronx County Surrogate's Court. 11. The probate attorney advised me to contact an attorney to assist in the foreclosure action. 12. The foreclosure attorney advised me that it is necessary to move the court immediately for an Order to Show Cause because my brother died during the pendency of this case and before he could be served with the Notice of Entry of the Judgment of Foreclosure and Sale. 13. Also I was advised by the foreclosure attorney that the Court can and may appoint me as temporary administrator for the purposes of bringing this Order to Show Cause and in order to secure the assets of the Estate of the deceased Robert Dudley, Jr. WHEREFORE, I respectfully request this Court grant Defendant's Order to Show Cause pursuant to CPRL. §6301, 6311 and 6313, CPLR Section 1015 restraining and enjoining Plaintiff from : 1. Effecting any Judgment of Sale on the property located at 1354 Teller Ave, Bronx, NY 10456 2. Publishing any Notice of Sale with respect to the sale of the said property located at 1354 Teller Ave, Bronx, NY 10456 3. Taking any action or steps that promotes or enhances the sale of the said property UNTIL proper substitution is completed or the case is dismissed pursuant to CPLR 1015. 4. Alternatively why the foreclosure action should not be dismissed pursuant to CPLR section 1015. 5. And for the purpose of standing in bringing this Order to Show Cause. appointing Jamal as Temporary Administrator. Dudley 6. further relief that this Court deems just and proper. Any Jamal Dudley Sworn anDseM 4 to before me --- On the# of1 farch, 2023 Signa .ptdry 2 of 2