Preview
FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Freedom Mortgage Corporation
Plaintiff, Index #:
Filed:
-against-
SUMMONS
Wayne Moten, Jr., Secretary of Housing and Urban
Development, New York City Criminal Court, United States of
America - Internal Revenue Service, New York City Plaintiff designates Bronx
Environmental Control Board, New York City Parking County as the place of trial.
Violations Bureau, New York City Transit Adjudication Bureau Venue is based upon the
and "JOHN DOE #1" through "JOHN DOE #10", the last ten County in which the
names being fictitious and unknown to the plaintiff, the person mortgaged premises is
or parties intended being the persons or parties, if any, having or situated.
claiming an interest in or lien upon the mortgaged premises
described in the Complaint,
Defendants.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons,
exclusive of the day of service; or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York; or within sixty (60) days if it is the
United States of America. In case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the Complaint.
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer
on the attorney for the mortgage company who filed this foreclosure proceeding against you
and filing the answer with the court, a default judgment may be entered and you can lose your
home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Dated: Bay Shore, New York FRENKEL, LAMBERT, WEISS,
September 13, 2023 WEISMAN & GORDON, LLP
BY: Todd Falasco
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-096720-F01
TO:
Wayne Moten, Jr.
466 East 185th Street,
Bronx, NY 10458
Secretary of Housing and Urban Development
451 Seventh Street SW
Washington, DC 20410
New York City Criminal Court
120 Schermerhorn Street
Brooklyn, NY 11201
United States of America - Internal Revenue Service
271 Cadman Plaza East
Brooklyn, NY 11201
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New York City Environmental Control Board
100 Church Street
4th Floor
New York, NY 10007
New York City Parking Violations Bureau
100 Church Street, 4th Floor
New York, NY 10007
New York City Transit Adjudication Bureau
130 Livingston Street
Brooklyn, NY 11201
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Freedom Mortgage Corporation
Plaintiff, COMPLAINT
-against-
Wayne Moten, Jr., Secretary of Housing and Urban
Development, New York City Criminal Court, United States of
America - Internal Revenue Service, New York City
Environmental Control Board, New York City Parking
Violations Bureau, New York City Transit Adjudication Bureau
and "JOHN DOE #1" through "JOHN DOE #10", the last ten
names being fictitious and unknown to the plaintiff, the person
or parties intended being the persons or parties, if any, having or
claiming an interest in or lien upon the mortgaged premises
described in the Complaint,
Defendants.
The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,
complaining of the defendants herein allege, upon information and belief, as follows:
AS A FIRST CAUSE OF ACTION
1. That the plaintiff, Freedom Mortgage Corporation, at all times hereinafter mentioned was and
still is a Foreign Corporation authorized to transact business in the State of New York.
2. On or about August 29, 2018, WAYNE MOTEN, JR. executed and delivered to The Federal
Savings Bank a note dated August 29, 2018 whereby WAYNE MOTEN, JR. promised to pay the
principal sum of $579,975.00.
3. On or about August 29, 2018, WAYNE MOTEN, JR. executed and delivered to Mortgage
Electronic Registration Systems, Inc., as mortgagee, as nominee for The Federal Savings Bank, its
successors and assigns a mortgage (hereinafter "mortgage") in the principal sum of $579,975.00, with
interest, mortgaging the premises known as 466 East 185th Street, Bronx, NY 10458 (hereinafter
"premises") as collateral security for the note. The mortgaged premises is more fully described in
EXHIBIT "A" annexed hereto.
4. The mortgage was duly recorded in the Office of the Clerk of the County of Bronx on August
31, 2018 in CRFN 201800294402, and the recording tax was duly paid.
5. Thereafter, the loan was modified pursuant to a Loan Modification Agreement was dated
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September 23, 2021 and recorded August 19, 2022 in CRFN 2022000326682 which created a single
lien in the amount of $601,408.51.
6. Thereafter, the loan was modified pursuant to a Loan Modification Agreement was dated
December 12, 2022 and recorded March 17, 2023 in CRFN 2023000068598 which created a single
lien in the amount $464,497.62.
7. That plaintiff is in possession of the original note with a proper endorsement and/or allonge
and is therefore, the holder of both the note and mortgage, which passes as incident to the note.
8. Pursuant to the modified loan, WAYNE MOTEN, JR. promised to make consecutive monthly
payments of principal and interest each month, in accordance with the terms of the loan modification
agreement, commencing February 01, 2023 and on the first day of each succeeding month up to and
including January 01, 2063 when the entire principal amount and accrued interest shall be due and
payable.
9. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee
can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold
payments or ground rents (if any), hazard insurance and mortgage insurance.
10. The mortgage further provides that in case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage
could declare the entire indebtedness secured by the mortgage immediately due and payable, and the
holder of the mortgage is empowered to sell the mortgaged premises according to law.
11. WAYNE MOTEN, JR. failed to comply with the terms, covenants and conditions of said note
and mortgage by failing and omitting to pay, to the plaintiff, payments due on May 01, 2023 and said
default has continued for a period in excess of fifteen (15) days.
12. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect
to declare the entire principal balance to be due and owing.
13. That there is now due and owing to the plaintiff under said note and mortgage the principal
sum of $463,963.64 with interest thereon from April 01, 2023, plus late charges if applicable pursuant
to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and any
other charges due and owing pursuant to the terms of the note and mortgage.
14. Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of payment after the date of commencement of this action of any or all
of the defaults mentioned herein, and such election shall continue and remain effective.
15. In order to protect its security, the plaintiff may be compelled, during the pendency of this
action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges
and sewer rents which are or may become liens on the mortgaged premises, and other charges which
may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum
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or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's
claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged
premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds
of the sale of the mortgaged premises.
16. Upon information and belief all the defendants herein have or claim to have some interest
in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has
accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to
plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set
forth in "Schedule A" that is attached to this complaint.
17. A prior action was brought to recover part of the mortgage debt, however none of the
mortgage debt was collected.
18. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and
regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable or unless exempt
from doing so.
19. Upon information and belief, plaintiff has complied with the provisions of Real Property
Actions and Proceedings Law §1304 and §1306 unless exempt from doing so.
20. That the plaintiff is now the owner and holder of the said note and mortgage securing the
same or has been delegated the authority to institute a mortgage foreclosure action by the owner and
holder of the subject mortgage and note or is the holder of the note and mortgage and has been
delegated the authority to institute a mortgage foreclosure action by the owner of the note and
mortgage.
21. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has
been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or
delegation of authority by the owner of the subject note and mortgage.
22. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises
consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure
provide for the parcels to be sold as one parcel.
23. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts
that an inspection of the premises would disclose, any state of facts an accurate survey would show,
and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and
any violation thereof, any equity of redemption of the United States of America to redeem the
premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights
of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances
of the city, town or village in which said mortgaged premises lies and any violations thereof.
24. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either
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by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be
merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted
to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s)
or proceeding(s), including, without limitation, any surplus money proceedings.
AS AND FOR A SECOND CAUSE OF ACTION
25. The plaintiff repeats and realleges each and every allegation contained in paragraphs
designated 1 through 24.
26. The mortgage provides that in the event of default, the plaintiff may recover all costs,
including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any
action to protect its interest in the premises, including foreclosure of the mortgage.
WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows:
a) That the defendants and all persons claiming under them or any of them, subsequent
to the commencement of this action and to the filing of the Notice of Pendency of this action, may
be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged
premises;
b) That the mortgaged premises be sold in one parcel according to law subject to any
state of facts an accurate survey would show, any covenants, easements, encroachments, reservations,
and restrictions, violations and agreements of record, zoning regulations and ordinances of the city,
town, or village; wherein the premises is located, any state of facts a physical inspection will disclose,
rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens
and mortgages of record and any and all rights of the United States of America to redeem the subject
premises;
c) That the premises be sold in accordance with Title 28, Section 2410 of the United
State Code preserving all rights of redemption, if any, of the United States of America;
d) That the monies received from the sale be brought into Court and that plaintiff be paid
the amount adjudged to be due it with interest thereon to the time of such payment, together with late
charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer
rents, insurance premiums, sums expended for the protection or preservation of the property, together
with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this
action and any other necessary expenses to protect the lien of the mortgage to the extent that the
amount of such monies applicable thereto will pay the same;
e) That this Court, if requested, appoint a receiver of the rents and profits of said
premises, during the pendency of this action with the usual powers and duties;
f) That the defendant(s) obligated under the note be adjudged to pay any deficiency
which may remain after applying all of such monies as aforesaid in accordance with the law and
provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy
petition or that said defendant(s) obligated under the note have been relieved of responsibility for any
such deficiency.
g) That in the event plaintiff possesses any other lien(s) against said mortgaged premises
either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall
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not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be
permitted to enforce said other lien(s) and/or seek determination or priority thereof in any
independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings;
h) That plaintiff have such other and further relief in the mortgaged premises as may be
just and equitable.
Dated: Bay Shore, New York
September 13, 2023
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
By:
Todd Falasco
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-096720-F01
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Schedule A
Party Name Description
WAYNE MOTEN, JR. Obligor/Mortgagor/Owner
NEW YORK CITY CRIMINAL COURT Holder of Judgment(s) against the property being
foreclosed herein. Said lien is more particularly
described in Exhibit "B" annexed hereto.
UNITED STATES OF AMERICA - Holder of Judgment(s) against the property being
INTERNAL REVENUE SERVICE foreclosed herein. Said lien is more particularly
described in Exhibit "B" annexed hereto.
NEW YORK CITY ENVIRONMENTAL Judgment Creditor
CONTROL BOARD
NEW YORK CITY PARKING Judgment Creditor
VIOLATIONS BUREAU
NEW YORK CITY TRANSIT Holder of Judgment(s) against the property being
ADJUDICATION BUREAU foreclosed herein. Said lien is more particularly
described in Exhibit "B" annexed hereto.
SECRETARY OF HOUSING and Holder of a subordinate mortgage on the subject
URBAN DEVELOPMENT premises. Said mortgage was recorded on
March 17, 2023 in CRFN 2023000068597.
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CERTIFICATION BY ATTORNEY
Todd Falasco, an attorney duly admitted to practice law before the Courts of the State of New York,
an attorney with the firm of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorneys for the
Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows:
I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the best
of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances,
the presentation of the within paper or the contentions therein are not frivolous as defined in
subsection (c) of section 130-1.1, including that the substance of the factual statements therein are
not false.
Dated: Bay Shore, New York
September 13, 2023
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
Todd Falasco
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-096720-F01
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Preview
FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Freedom Mortgage Corporation Plaintiff, Index #: Filed: -against- SUMMONS Wayne Moten, Jr., Secretary of Housing and Urban Development, New York City Criminal Court, United States of America - Internal Revenue Service, New York City Plaintiff designates Bronx Environmental Control Board, New York City Parking County as the place of trial. Violations Bureau, New York City Transit Adjudication Bureau Venue is based upon the and "JOHN DOE #1" through "JOHN DOE #10", the last ten County in which the names being fictitious and unknown to the plaintiff, the person mortgaged premises is or parties intended being the persons or parties, if any, having or situated. claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service; or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty (60) days if it is the United States of America. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: Bay Shore, New York FRENKEL, LAMBERT, WEISS, September 13, 2023 WEISMAN & GORDON, LLP BY: Todd Falasco Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-096720-F01 TO: Wayne Moten, Jr. 466 East 185th Street, Bronx, NY 10458 Secretary of Housing and Urban Development 451 Seventh Street SW Washington, DC 20410 New York City Criminal Court 120 Schermerhorn Street Brooklyn, NY 11201 United States of America - Internal Revenue Service 271 Cadman Plaza East Brooklyn, NY 11201 2 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 New York City Environmental Control Board 100 Church Street 4th Floor New York, NY 10007 New York City Parking Violations Bureau 100 Church Street, 4th Floor New York, NY 10007 New York City Transit Adjudication Bureau 130 Livingston Street Brooklyn, NY 11201 3 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Freedom Mortgage Corporation Plaintiff, COMPLAINT -against- Wayne Moten, Jr., Secretary of Housing and Urban Development, New York City Criminal Court, United States of America - Internal Revenue Service, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, complaining of the defendants herein allege, upon information and belief, as follows: AS A FIRST CAUSE OF ACTION 1. That the plaintiff, Freedom Mortgage Corporation, at all times hereinafter mentioned was and still is a Foreign Corporation authorized to transact business in the State of New York. 2. On or about August 29, 2018, WAYNE MOTEN, JR. executed and delivered to The Federal Savings Bank a note dated August 29, 2018 whereby WAYNE MOTEN, JR. promised to pay the principal sum of $579,975.00. 3. On or about August 29, 2018, WAYNE MOTEN, JR. executed and delivered to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for The Federal Savings Bank, its successors and assigns a mortgage (hereinafter "mortgage") in the principal sum of $579,975.00, with interest, mortgaging the premises known as 466 East 185th Street, Bronx, NY 10458 (hereinafter "premises") as collateral security for the note. The mortgaged premises is more fully described in EXHIBIT "A" annexed hereto. 4. The mortgage was duly recorded in the Office of the Clerk of the County of Bronx on August 31, 2018 in CRFN 201800294402, and the recording tax was duly paid. 5. Thereafter, the loan was modified pursuant to a Loan Modification Agreement was dated 4 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 September 23, 2021 and recorded August 19, 2022 in CRFN 2022000326682 which created a single lien in the amount of $601,408.51. 6. Thereafter, the loan was modified pursuant to a Loan Modification Agreement was dated December 12, 2022 and recorded March 17, 2023 in CRFN 2023000068598 which created a single lien in the amount $464,497.62. 7. That plaintiff is in possession of the original note with a proper endorsement and/or allonge and is therefore, the holder of both the note and mortgage, which passes as incident to the note. 8. Pursuant to the modified loan, WAYNE MOTEN, JR. promised to make consecutive monthly payments of principal and interest each month, in accordance with the terms of the loan modification agreement, commencing February 01, 2023 and on the first day of each succeeding month up to and including January 01, 2063 when the entire principal amount and accrued interest shall be due and payable. 9. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 10. The mortgage further provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage could declare the entire indebtedness secured by the mortgage immediately due and payable, and the holder of the mortgage is empowered to sell the mortgaged premises according to law. 11. WAYNE MOTEN, JR. failed to comply with the terms, covenants and conditions of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on May 01, 2023 and said default has continued for a period in excess of fifteen (15) days. 12. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 13. That there is now due and owing to the plaintiff under said note and mortgage the principal sum of $463,963.64 with interest thereon from April 01, 2023, plus late charges if applicable pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s) and any other charges due and owing pursuant to the terms of the note and mortgage. 14. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of payment after the date of commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 15. In order to protect its security, the plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum 5 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 16. Upon information and belief all the defendants herein have or claim to have some interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set forth in "Schedule A" that is attached to this complaint. 17. A prior action was brought to recover part of the mortgage debt, however none of the mortgage debt was collected. 18. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable or unless exempt from doing so. 19. Upon information and belief, plaintiff has complied with the provisions of Real Property Actions and Proceedings Law §1304 and §1306 unless exempt from doing so. 20. That the plaintiff is now the owner and holder of the said note and mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note or is the holder of the note and mortgage and has been delegated the authority to institute a mortgage foreclosure action by the owner of the note and mortgage. 21. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or delegation of authority by the owner of the subject note and mortgage. 22. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 23. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and any violations thereof. 24. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either 6 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. AS AND FOR A SECOND CAUSE OF ACTION 25. The plaintiff repeats and realleges each and every allegation contained in paragraphs designated 1 through 24. 26. The mortgage provides that in the event of default, the plaintiff may recover all costs, including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises, including foreclosure of the mortgage. WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows: a) That the defendants and all persons claiming under them or any of them, subsequent to the commencement of this action and to the filing of the Notice of Pendency of this action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; b) That the mortgaged premises be sold in one parcel according to law subject to any state of facts an accurate survey would show, any covenants, easements, encroachments, reservations, and restrictions, violations and agreements of record, zoning regulations and ordinances of the city, town, or village; wherein the premises is located, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record and any and all rights of the United States of America to redeem the subject premises; c) That the premises be sold in accordance with Title 28, Section 2410 of the United State Code preserving all rights of redemption, if any, of the United States of America; d) That the monies received from the sale be brought into Court and that plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums, sums expended for the protection or preservation of the property, together with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this action and any other necessary expenses to protect the lien of the mortgage to the extent that the amount of such monies applicable thereto will pay the same; e) That this Court, if requested, appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; f) That the defendant(s) obligated under the note be adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in accordance with the law and provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy petition or that said defendant(s) obligated under the note have been relieved of responsibility for any such deficiency. g) That in the event plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall 7 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; h) That plaintiff have such other and further relief in the mortgaged premises as may be just and equitable. Dated: Bay Shore, New York September 13, 2023 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP By: Todd Falasco Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-096720-F01 8 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 Schedule A Party Name Description WAYNE MOTEN, JR. Obligor/Mortgagor/Owner NEW YORK CITY CRIMINAL COURT Holder of Judgment(s) against the property being foreclosed herein. Said lien is more particularly described in Exhibit "B" annexed hereto. UNITED STATES OF AMERICA - Holder of Judgment(s) against the property being INTERNAL REVENUE SERVICE foreclosed herein. Said lien is more particularly described in Exhibit "B" annexed hereto. NEW YORK CITY ENVIRONMENTAL Judgment Creditor CONTROL BOARD NEW YORK CITY PARKING Judgment Creditor VIOLATIONS BUREAU NEW YORK CITY TRANSIT Holder of Judgment(s) against the property being ADJUDICATION BUREAU foreclosed herein. Said lien is more particularly described in Exhibit "B" annexed hereto. SECRETARY OF HOUSING and Holder of a subordinate mortgage on the subject URBAN DEVELOPMENT premises. Said mortgage was recorded on March 17, 2023 in CRFN 2023000068597. 9 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 10 of 11 FILED: BRONX COUNTY CLERK 09/20/2023 10:17 AM INDEX NO. 814419/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/20/2023 CERTIFICATION BY ATTORNEY Todd Falasco, an attorney duly admitted to practice law before the Courts of the State of New York, an attorney with the firm of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorneys for the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows: I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within paper or the contentions therein are not frivolous as defined in subsection (c) of section 130-1.1, including that the substance of the factual statements therein are not false. Dated: Bay Shore, New York September 13, 2023 Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP Todd Falasco Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-096720-F01 11 of 11