Preview
FILED: QUEENS COUNTY CLERK 10/04/2023 08:40 AM INDEX NO. 715104/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/04/2023
EXHIBIT A
Copy of Summons & Complaint
Copy of Notice of Pendency
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STATE OF NEW YORK
SUPREME COURT COUNTY OF QUEENS
___________________________________________________
ROCKET MORTGAGE, LLC, FKA QUICKEN LOANS, Filed: _______________
LLC, FKA QUICKEN LOANS INC.,
Index No.: ______________
Plaintiff,
SUMMONS
vs.
Any unknown heirs to the Estate of RICHARD STANLEY Mortgaged Premises:
WILLIAMS A/K/A RICHARD S. WILLIAMS, next of kin, 13501 Francis Lewis Boulevard
devisees, legatees, distributees, grantees, assignees, Laurelton, (City of New York) NY
creditors, lienors, trustees, executors, administrators or 11413
successors in interest, as well as the respective heirs at law,
next of kin, devisees, legatees, distributees, grantees,
assignees, lienors, trustees, executors, administrators or
successors in interest of the aforesaid classes of persons, if
they or any of them be dead, all of whom and whose names
and places of residence are unknown to the plaintiff;
DEPARTMENT OF THE TREASURY - INTERNAL
REVENUE SERVICE;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE;
CRIMINAL COURT OF THE CITY OF NEW YORK;
COMMISSIONER OF SOCIAL SERVICES OF NYC;
QUEENS SUPREME COURT;
CAVALRY SPV I, LLC;
PEOPLE OF THE STATE OF NEW YORK;
LVNV FUNDING LLC;
NEW YORK CITY TRANSIT ADJUDICATION
BUREAU;
NEW YORK CITY PARKING VIOLATIONS BUREAU;
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD;
INDIA WILLIAMS;
TRAMAINE WILLIAMS;
OPTION ONE MORTGAGE CORPORATION, A
CALIFORNIA CORPORATION;
CHASE MANHATTAN MORTGAGE CORPORATION;
CITY REGISTER OF THE CITY OF NEW YORK;
and “JOHN DOE” and “MARY DOE,”
(Said names being fictitious, it being the intention of
plaintiff to designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an interest in
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or lien upon the premises being foreclosed herein.)
Defendants.
___________________________________________________
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled
action and to serve a copy of your Answer on Plaintiff's attorney within twenty (20) days after
the service of this Summons, exclusive of the day of service, or within thirty (30) days after
completion of service where service is made in any other manner than by personal delivery
within the State. The United States of America, if designated as a Defendant in this action, may
answer or appear within sixty (60) days of service hereof. In case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the Complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
THE OBJECT of the above captioned action is for the foreclosure of:
Mortgage bearing the date of October 16, 2017, executed by Richard S. Williams and Lorraine
K. Williams, husband and wife to MERS, Mortgage Electronic Registration Systems, Inc., as
nominee for Quicken Loans Inc. to secure the sum of $391,230.00, and interest, and recorded in
the Office of the Clerk of Queens County on October 27, 2017 in CRFN: 2017000397306.
That Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. duly
assigned said Note and Mortgage to Rocket Mortgage, LLC FKA Quicken Loans, LLC by
Assignment dated January 3, 2023 and recorded on January 6, 2023 in the Office of the Clerk of
Queens County in CRFN: 2023000005357. Plaintiff Rocket, Mortgage, LLC is fka Quicken
Loans, LLC and fka Quicken Loans, Inc.
The relief sought in the within action is a final judgment directing the sale of the Mortgaged
Premises described above to satisfy the debt secured by the Mortgage described above.
Plaintiff designates Queens County as the place of trial. The basis of venue is the County
in which the Mortgaged Premises is situated.
Block: 13165
Lot: 33
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DATED: July 21, 2023
Rochester, New York
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.
BY: ____________________________________
Sean P. Williams, Esq.
DAVIDSON FINK LLP
Attorneys for Plaintiff
400 Meridian Centre Blvd., Ste. 200
Rochester, New York 14618
Tel: (585) 760-8218
WE ARE ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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STATE OF NEW YORK
SUPREME COURT COUNTY OF QUEENS
_____________________________________________________
ROCKET MORTGAGE, LLC, FKA QUICKEN LOANS, Filed: _______________
LLC, FKA QUICKEN LOANS INC.,
Index No.: ______________
Plaintiff,
vs. VERIFIED COMPLAINT
Any unknown heirs to the Estate of RICHARD STANLEY
WILLIAMS A/K/A RICHARD S. WILLIAMS, next of kin, Mortgaged Premises:
devisees, legatees, distributees, grantees, assignees, creditors, 13501 Francis Lewis Boulevard
lienors, trustees, executors, administrators or successors in Laurelton, (City of New York) NY
interest, as well as the respective heirs at law, next of kin, 11413
devisees, legatees, distributees, grantees, assignees, lienors,
trustees, executors, administrators or successors in interest of
the aforesaid classes of persons, if they or any of them be
dead, all of whom and whose names and places of residence
are unknown to the plaintiff;
DEPARTMENT OF THE TREASURY - INTERNAL
REVENUE SERVICE;
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE;
CRIMINAL COURT OF THE CITY OF NEW YORK;
COMMISSIONER OF SOCIAL SERVICES OF NYC;
QUEENS SUPREME COURT;
CAVALRY SPV I, LLC;
PEOPLE OF THE STATE OF NEW YORK;
LVNV FUNDING LLC;
NEW YORK CITY TRANSIT ADJUDICATION BUREAU;
NEW YORK CITY PARKING VIOLATIONS BUREAU;
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD;
INDIA WILLIAMS;
TRAMAINE WILLIAMS;
OPTION ONE MORTGAGE CORPORATION, A
CALIFORNIA CORPORATION;
CHASE MANHATTAN MORTGAGE CORPORATION;
CITY REGISTER OF THE CITY OF NEW YORK;
and “JOHN DOE” and “MARY DOE,”
(Said names being fictitious, it being the intention of
plaintiff to designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an interest in
or lien upon the premises being foreclosed herein.)
Defendants.
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_____________________________________________________
The plaintiff herein, by Davidson Fink LLP, its attorneys, complains of the defendants
above named, and for its cause of action, alleges:
FIRST: Plaintiff, with an office at 1050 Woodward Avenue, Detroit, MI 48226, is
authorized to do business in this State or qualifies as a "foreign bank" pursuant to the relevant
statutes and, as such, has standing and capacity to bring this action in the courts of the State of New
York.
SECOND: Upon information and belief, that at all times hereinafter mentioned, the
defendant(s) set forth in Schedule A reside or have a place of business at the address set forth
therein and are made defendants in this action in the capacities therein alleged and for the
purpose of foreclosing and extinguishing any other right, title or interest said defendants may
have in the subject premises.
AS AND FOR A FIRST CAUSE OF ACTION: ACTION TO DETERMINE REAL
PROPERTY
Plaintiff incorporates paragraphs numbered “First” and “Second” supra, as if set forth in
full.
THIRD: This action is brought by Plaintiff, pursuant to Article 15 of the Real Property
Actions and Proceedings Law, to compel the determination of any claims adverse to those of
Plaintiff in the premises described as follows, to wit: 13501 Francis Lewis Boulevard, Laurelton,
New York 11413.
FOURTH: The title record with respect to Plaintiff’s subject Mortgage contains a prior
Mortgage which Plaintiff seeks to resolve through this action, to wit, a mortgage from Lorraine
K. Williams, and Richard S. Williams to Option One Mortgage Corporation, a California
Corporation in the amount of $334,750.00, dated March 23, 2007, which was recorded in the
Office of the Clerk of Queens County on May 1, 2007 in CRFN: 2007000224783.
FIFTH: Upon information and belief, said mortgage was satisfied, however a discharge
was never recorded.
SIXTH: Upon information and belief after reasonable inquiry, Plaintiff has no means
by which to discharge the prior lien from Lorraine K. Williams, and Richard S. Williams to
Option One Mortgage Corporation, a California Corporation in the amount of $334,750.00.
SEVENTH: Defendants claim, or it appears from the public records or from the
allegations of the complaint, that Defendants might claim an estate or interest in the real
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property, adverse to that of Plaintiff, and the particular nature of such estate or interest is detailed
in paragraph FOURTH above.
EIGHTH: None of Defendants are unknown and none are infants, intellectually
disabled, mentally ill, an alcohol abuser, or incompetent to manage themselves or their affairs.
NINTH: The Judgment will not affect a person or persons not in being or ascertained at
the commencement of the 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. Every person in being who would have been entitled to such estate or interest if such
event had happened immediately before the commencement of the action is named as a party
hereto.
TENTH: No personal claim is made against any Defendant other than a Defendant who
shall assert a claim adverse to the claim of Plaintiff set forth in the Complaint.
AS AND FOR A SECOND CAUSE OF ACTION: ACTION TO DETERMINE REAL
PROPERTY
Plaintiff incorporates paragraphs numbered “First” through “Tenth” supra, as if set forth
in full.
ELEVENTH: This action is brought by Plaintiff, pursuant to Article 15 of the Real
Property Actions and Proceedings Law, to compel the determination of any claims adverse to
those of Plaintiff in the premises described as follows, to wit: 13501 Francis Lewis Boulevard,
Laurelton, New York 11413.
TWELFTH: The title record with respect to Plaintiff’s subject Mortgage contains a
prior Mortgage which Plaintiff seeks to resolve through this action, to wit, a mortgage from
Richard S. Williams and Lorraine K. Williams to Concord Mortgage Corp. in the amount of
$100,000.00, dated July 15, 1999, which was recorded in the Office of the Clerk of Queens
County on August 5, 1999 in Reel: 5335, Page: 492, as assigned to Chase Manhattan Mortgage
Corporation.
THIRTEENTH: Upon information and belief, said mortgage was satisfied, however a
discharge was never recorded.
FOURTEENTH: Upon information and belief after reasonable inquiry, Plaintiff has no
means by which to discharge the prior lien from Richard S. Williams and Lorraine K. Williams
to Concord Mortgage Corp. in the amount of $100,000.00, as assigned to Chase Manhattan
Mortgage Corporation.
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FIFTEENTH: Defendants claim, or it appears from the public records or from the
allegations of the complaint, that Defendants might claim an estate or interest in the real
property, adverse to that of Plaintiff, and the particular nature of such estate or interest is detailed
in paragraph TWELFTH above.
SIXTEENTH: None of Defendants are unknown and none are infants, intellectually
disabled, mentally ill, an alcohol abuser, or incompetent to manage themselves or their affairs.
SEVENTEENTH: The Judgment will not affect a person or persons not in being or
ascertained at the commencement of the 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. Every person in being who would have been entitled to such estate or interest
if such event had happened immediately before the commencement of the action is named as a
party hereto.
EIGHTEENTH: No personal claim is made against any Defendant other than a
Defendant who shall assert a claim adverse to the claim of Plaintiff set forth in the Complaint.
AS AND FOR A THIRD CAUSE OF ACTION: FORECLOSURE
Plaintiff incorporates paragraphs numbered “First” through “Eighteenth” supra, as if set
forth in full.
NINETEENTH: That the United States of America, The People of the State of New
York, The State Tax Commission of the State of New York, the Industrial Commissioner of the
State of New York, and all other agencies or instrumentalities of the Federal, State or local
government (however designated), if made parties to this action and if appearing in Schedule B,
are made parties solely by reason of the facts set forth in said schedule, and for no other reason.
TWENTIETH: That heretofore, the defendant(s), Richard S. Williams, deceased, and
Lorraine K. Williams, deceased, for the purpose of securing to plaintiff or its assignor, its
successors and assigns, the sum of $391,230.00, duly made a certain bond, note, loan agreement,
extension agreement, consolidation agreement, or recasting agreement, as the case may be,
wherein and whereby they bound themselves, their heirs, executors, administrators and assigns,
and each and every one of them, jointly and severally, in the amount of said sum of money, all as
more fully appears together with the terms of repayment of said sum or rights of the plaintiff in
said bond, note or other instrument. A copy of said instrument, or an affidavit regarding same, is
attached hereto and made a part hereof.
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TWENTY-FIRST: That as security for the payment of said indebtedness, a mortgage
was executed, acknowledged and delivered to the plaintiff or its assignor, whereby the mortgagor
or mortgagors therein named, bargained, granted and sold to the mortgagee named therein, its
successors and assigns, the premises more particularly described therein (hereinafter called
"mortgaged premises"), under certain conditions with rights, duties and privileges between or
among them as more fully appears in said mortgage, a copy of which is attached hereto and made
a part hereof.
TWENTY-SECOND: That the said mortgage was duly recorded (and the mortgage tax
due thereon was duly paid) in the proper County Clerk's Office at the place and time which
appears thereon.
TWENTY-THIRD: That the defendant(s), so named, have failed and neglected to
comply with the terms and provisions of said mortgage, bond/note/loan agreement, and said
instrument(s) secured by said mortgage by omitting and failing to pay items of principal and
interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges, all
as more fully appears in Schedule C and accordingly the plaintiff hereby elects to call due the
entire amount secured by the mortgage described in paragraph TWENTY-FIRST hereof. The
default has continued beyond the applicable grace period set forth in the mortgage, and by reason
thereof, plaintiff has elected and hereby elects to declare immediately due and payable the entire
unpaid balance of principal.
TWENTY-FOURTH: That Schedule C sets forth the principal balance due and the
date (and rate) from which interest accrued and all other items and charges arising from said
default which are now due.
TWENTY-FIFTH: That in order to protect its security, the Plaintiff has paid, if set
forth in Schedule C, or may be compelled to pay during the pendency of this action local, taxes,
assessments, water rates, insurance premiums, inspections and other charges affecting the
mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes
(together with interest thereon), should be added to the sum otherwise due and be deemed
secured by the said mortgage and be adjudged a valid lien on the mortgaged premises.
TWENTY-SIXTH: That each of the above-named defendants has, or claims 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.
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TWENTY-SEVENTH: That the plaintiff is now the sole, true and lawful owner and/or
holder of the said bond/note/loan agreement and mortgage securing the same and there are no
pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage.
Copies of Assignment(s) of Mortgage, if any, are attached hereto and made a part hereof.
TWENTY-EIGHTH: That Schedules, Exhibits and other items attached to this
Complaint are expressly incorporated and made a part of the Complaint for all purposes with the
same force and effect as if they were completely and fully set forth herein wherever reference
has been made to each or any of them.
TWENTY-NINTH: That by reason of the foregoing, there is now due and owing to the
plaintiff upon said bond, note, loan agreement, assumption agreement, extension agreement or
consolidation agreement the amount set forth in Schedule C.
THIRTIETH: That if the security for the indebtedness consists of more than one
parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the sale of the
parcels in a particular order to the extent necessary to satisfy the indebtedness or that if the
mortgage so states, the mortgaged premises may be sold in one parcel.
THIRTY-FIRST: The plaintiff shall not be deemed to have waived, altered, released or
changed the election hereinbefore made by reason of the payment or performance, after the date
of the commencement of this action, of any or all of the defaults mentioned herein; and such
election shall continue and remain effective until the costs and disbursements of this action, and
all present and future defaults under the note and mortgage and occurring prior to the
discontinuance of this action are fully paid and cured.
THIRTY-SECOND: Pursuant to the Fair Debt Collection Practices Act, this action
may be deemed to be an attempt to collect a debt on behalf of the plaintiff. Any information
obtained as a result of this action will be used for that purpose.
THIRTY-THIRD: At the time this proceeding is commenced, the plaintiff is the owner
and holder of the subject mortgage and note, or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject mortgage and note.
THIRTY-FOURTH: If applicable, Plaintiff has complied with all of the provisions of
section five hundred ninety-five-a of the banking law and any rules and regulations promulgated
thereunder, section six-l or six-m of the banking law, for loans governed by those provisions, and
section thirteen hundred four of the real property actions and proceedings law, and HAMP
Supplemental Directive 10-02.
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THIRTY-FIFTH: Plaintiff has complied with all of the provisions pursuant to RPAPL
§§ 1304 and 1306.
THIRTY-SIXTH: That there is no other action pending regarding this claim.
AS AND FOR A FOURTH CAUSE OF ACTION: REFORMATION
Plaintiff incorporates paragraphs numbered “First” through “Thirty-Sixth” supra, as if set
forth in full.
THIRTY-SEVENTH: Plaintiff repeats and realleges with the same force and effect as
if fully set forth at length herein the allegations stated and contained in the FIRST, SECOND and
THIRD CAUSES OF ACTION marked and numbered FIRST through THIRTY-SIXTH,
inclusive.
THIRTY-EIGHTH: By mutual mistake of plaintiff and defendants, the legal
description within the mortgage to be foreclosed recorded on October 27, 2017 in the Office of
the Clerk of Queens County in CRFN: 2017000397306 contains scrivener’s errors.
THIRTY-NINTH: Plaintiff has no adequate remedy at law unless said legal description
be reformed so that the paragraph of the description hereinafter set forth read as follows:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS
ANDIMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING AT LAURELTON, IN
THE FOURTH WARD OF THE BOROUGH OF QUEENS, CITY AND STATE OF NEW YORK,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTH WESTERLY
SIDE OF 135TH AVENUE (NORTH BOULEVARD) WITH THE SOUTHEASTERLY SIDE
OF 231ST STREET (IROQUOIS BOULEVARD), AS SAID NORTH BOULEVARD AND
IROQUOIS BOULEVARD ARE LAID OUT ON A CERTAIN ENTITLED, “ LAURELTON,
BOROUGH OF QUEENS, CITY OF NEW YORK, PROPERTY OF THE LAURELTON LAND
COMPANY, 50 CHURCH STREET, NEW YORK CITY, WILLIAM H. REYNOLDS, PRESIDENT, P.
B. PURDY, GENERAL MANAGER, FRANCIS P. MURPHY, CITY SURVEYOR, BROOKLYN, AND
FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF QUEENS, ON JULY 12TH, 1910,
UNDER FILE NUMBER 987, AND FROM SAID POINT OF BEGINNING;
RUNNING SOUTHEASTERLY ALONG SAID SIDE OF 135TH AVENUE, ONE HUNDRED (100)
FEET;
THENCE SOUTHWESTERLY PARALLEL WITH 231ST STREET, THIRTY-TWO FEET AND
TWENTY- FIVE ONE HUNDREDTHS OF A FOOT (32.25 FT.);
THENCE NORTHWESTERLY PARALLEL WITH 135TH AVENUE, ONE HUNDRED (100) FEET TO
THE SOUTHEASTERLY SIDE OF 231ST STREET AND;
THENCE NORTHEASTERLY ALONG SAID SIDE OF 231ST STREET, THIRTY-TWO FEET AND
TWENTY-FIVE ONE HUNDREDTHS OF A FOOT (32.25 FT.) TO THE CORNER THE POINT OR
PLACE OF BEGINNING.
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WHEREFORE, plaintiff demands judgment:
1. Upon its First Cause of Action: Issuing a satisfaction of mortgage discharging the
prior Mortgage from Lorraine K. Williams and Richard S. Williams to Option One Mortgage
Corporation, a California Corporation in the amount of $334,750.00, dated March 23, 2007,
which was recorded in the Office of the Clerk of Queens County on May 1, 2007 in CRFN:
2007000224783;
2. Upon its Second Cause of Action: Issuing a satisfaction of mortgage discharging
the prior Mortgage from Richard S. Williams and Lorraine K. Williams to Concord Mortgage
Corp. in the amount of $100,000.00, dated July 15, 1999, which was recorded in the Office of
the Clerk of Queens County on August 5, 1999 in Reel: 5335, Page: 492, as assigned to Chase
Manhattan Mortgage Corporation;
3. Upon a Third Cause of Action: Adjudging and decreeing the amounts due the
plaintiff for principal, interest, costs and reasonable attorney's fees, if provided for in the said
bond/note/loan agreement or mortgage; and
4. Upon its Fourth Cause of Action: to reform the description made a part of the
mortgage document recorded on October 27, 2017 in CRFN: 2017000397306 to contain the
language set forth in the paragraph THIRTY-NINTH herein.
5. That the defendant(s) and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
corporation whose right, title, conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, interest or equity of
redemption in and to said mortgaged premises;
6. That the said mortgaged premises, or such part thereof as may be necessary to raise
the amounts due for principal, interest, costs, reasonable attorney’s fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold
according to law;
7. That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts due on said bond/note/loan agreement and mortgage and any sum which may have been
paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest
upon said amounts from the dates of the respective payments and advances thereof, the costs and
expenses of this action, additional allowance, if any, and reasonable attorney's fees, if provided
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for in said bond, note, loan agreement or mortgage, so far as the amount of such money properly
applicable thereto will pay the same;
8. The premises are being sold subject to:
(a) All common charges, if any, which are at the time a lien on the premises,
together with such interest or penalties as may have lawfully accrued thereon to the date of
payment;
(b) Covenants, restrictions and easements of record and zoning regulations and
ordinances of the City, Town and Village in which said premises lie;
(c) Rights of the public and others in and to any part of the mortgaged premises
that lies within the bounds of any street, alley or highway;
(d) Any state of facts that an accurate survey, currently dated, might disclose;
(e) Any state of facts an inspection would disclose, it being understood that the
property is sold in an "as is" and "where is" condition;
(f) Any and all tenancies, possessory interests and/or leases affecting said
premises which are not extinguished by this foreclosure action;
(g) The right of redemption of the United States of America, if any;
9. That if the proceeds of said sale of the mortgaged premises aforesaid be insufficient
to pay the amount found due to the plaintiff with interest and costs, the officer making the sale be
required to specify the amount of such deficiency in his report of sale so that plaintiff may
thereafter be able to make application to this Court, pursuant to Section 1371 of the Real
Property Actions and Proceedings Law, for a judgment against the defendant(s) referred to in
paragraph TWENTIETH of this Complaint for any deficiency which may remain after applying
all of such moneys so applicable thereto, except that this shall not apply to any defendant
who has been discharged in bankruptcy from the subject debt;
10. That either or any of the parties to this action may become a purchaser upon such
sale;
11. That this Court, if requested, forthwith appoint a Receiver of the rents and profits
of said premises with the usual powers and duties;
12. That the plaintiff may have such other or further relief, or both, as may be just and
equitable.
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Plaintiff specifically reserves its right to share in any surplus monies arising from the sale
of subject premises by virtue of its position as a judgment or other lien creditor excluding the
mortgage being foreclosed herein;
DATED: July 21, 2023
Rochester, New York
BY: ____________________________________
Sean P. Williams, Esq.
DAVIDSON FINK LLP
Attorneys for Plaintiff
400 Meridian Centre Blvd., Ste. 200
Rochester, New York 14618
Tel: (585) 760-8218
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VERIFICATION
(Complaint)
I affirm under penalty of perjury: That I am the attorney for Plaintiff, having an office at
400 Meridian Centre Blvd., Suite 200 Rochester, NY 14618, in the within action; that I have read
the foregoing Summons and Complaint and know the contents thereof; that the same is true to my
own knowledge, except as to the matters therein stated to be alleged on information and belief,
and that as to those matters I believe them to be true. That the grounds of my belief as to all matters
in the Complaint not stated to be upon knowledge are based upon the original bond/note/loan
agreement, mortgage and/or financial statements, together with correspondence. I further state
that the reason this verification is made by Affirmant and not an officer of Plaintiffs corporation
is that Plaintiff is either a foreign corporation, or its principal place of business is not in the county
where I have my office.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury. (In
Sean P. Williams, Esq.
Sworn to before me this 21
day of July, 2023
Notary Fublic
KAYLA CASTANEDA
NOTARY PUBLIC, State of New York
Registration No. 01CA6446331
Qualified in Monroe County
Commission Expires January 17, 2021
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Schedule A-Defendants
Any unknown heirs to the Estate of Record owner and original mortgagor of
RICHARD STANLEY WILLIAMS A/K/A premises being foreclosed herein by virtue of
RICHARD S. WILLIAMS, next of kin, a deed recorded on October 24, 1997 in the
devisees, legatees, distributees, grantees, Queens County Clerk’s Office in Reel: 4706,
assignees, creditors, lienors, trustees, Page: 2042 and the party liable for payment
executors, administrators or successors in of the note and mortgage herein.
interest, as well as the respective heirs at law,
next of kin, devisees, legatees, distributees,
grantees, assignees, lienors, trustees,
executors, administrators or successors in
interest of the aforesaid classes of persons, if
they or any of them be dead, all of whom and
whose names and places of residence are
unknown to the plaintiff;
13501 Francis Lewis Boulevard
Laurelton, NY 11413
CAVALRY SPV I, LLC Holder of a judgment against Richard
500 Summit Lake Drive, Suite 400 Williams, docketed on March 3, 2020 in the
Valhalla, NY 10595 Queens County Clerk’s Office in the amount
of $6,644.63 Control No.: 002410479 01.
LVNV FUNDING LLC Holder of a judgment against Richard
9700 Bissonet Suite 200 Williams, docketed on June 9, 2023 in the
Houston, TX 77036 Queens County Clerk’s Office in the amount
of $4,795.31 Control No.: 002577051 01.
OPTION ONE MORTGAGE Party defendant pursuant to plaintiff’s request
CORPORATION, A CALIFORNIA for the sole purpose to extinguish the prior
CORPORATION mortgage from Lorraine K. Williams and
3 Ada Richard S. Williams to Option One Mortgage
Irvine, CA 92618 Corporation, a California Corporation in the
amount of $334,750.00, recorded on May 1,
2007 in the Queens County Clerk’s Office in
CRFN: 2007000224783.
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CHASE MANHATTAN MORTGAGE Party defendant pursuant to plaintiff’s request
CORPORATION for the sole purpose to extinguish the prior
1500 N. 19th Street mortgage from Richard S. Williams and
Monroe, LA 71201 Lorraine K. Williams to Concord Mortgage
Corp. in the amount of $100,000.00, recorded
on August 5, 1999 in the Queens County
Clerk’s Office in Reel: 5335, Page: 492, as
assigned.
INDIA WILLIAMS Possible heir-at-law to the Estate of Richard
13501 Francis Lewis Boulevard Stanley Williams a/k/a Richard S. Williams.
Laurelton, NY 11413
TRAMAINE WILLIAMS Possible heir-at-law to the Estate of Richard
13501 Francis Lewis Boulevard Stanley Williams a/k/a Richard S. Williams.
Laurelton, NY 11413
“JOHN DOE” and “MARY DOE”
13501 Francis Lewis Boulevard Said names being fictitious, it being the
Laurelton, NY 11413 intention of plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
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Schedule B-Defendants
DEPARTMENT OF THE TREASURY – Named as a party defendant because of a
INTERNAL REVENUE SERVICE Federal Tax Lien filed against Richard A.
Cincinnati IRS Campus Williams, filed on October 10, 2019 in the
P.O. Box 145595 Queens County Clerk’s Office in the amount
Cincinnati, OH 45250 of $31,115.91 in U.S. #: 384475119.
Possible party defendant by virtue of having a
possible lien against the mortgaged premises
in the above-captioned case that arises from
Estate Taxes due and owing from the Estate
of Richard Stanley Williams a/k/a Richard
Williams, if any.
NEW YORK STATE DEPARTMENT OF Holder of multiple tax warrants docketed in
TAXATION AND FINANCE the Queens County Clerk’s Office, copies of
W A Harriman State Campus which are attached hereto.
Albany, NY 12227
Possible party defendant by virtue of having a
possible lien against the mortgaged premises
in the above-captioned case that arises from
Estate Taxes due and owing from the Estate
of Richard Stanley Williams a/k/a Richard
Williams, if any.
CRIMINAL COURT OF THE CITY OF Holder of multiple judgments and/or liens
NEW YORK docketed in the Queens County Clerk’s
125-01 Queens Boulevard Office, copies of which are attached hereto.
Queens, NY 11415
COMMISSIONER OF SOCIAL SERVICES Holder of a judgment against Richard
OF NYC Williams, docketed on July 14,
Preview
FILED: QUEENS COUNTY CLERK 10/04/2023 08:40 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/04/2023 EXHIBIT A Copy of Summons & Complaint Copy of Notice of Pendency FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF QUEENS ___________________________________________________ ROCKET MORTGAGE, LLC, FKA QUICKEN LOANS, Filed: _______________ LLC, FKA QUICKEN LOANS INC., Index No.: ______________ Plaintiff, SUMMONS vs. Any unknown heirs to the Estate of RICHARD STANLEY Mortgaged Premises: WILLIAMS A/K/A RICHARD S. WILLIAMS, next of kin, 13501 Francis Lewis Boulevard devisees, legatees, distributees, grantees, assignees, Laurelton, (City of New York) NY creditors, lienors, trustees, executors, administrators or 11413 successors in interest, as well as the respective heirs at law, next of kin, devisees, legatees, distributees, grantees, assignees, lienors, trustees, executors, administrators or successors in interest of the aforesaid classes of persons, if they or any of them be dead, all of whom and whose names and places of residence are unknown to the plaintiff; DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CRIMINAL COURT OF THE CITY OF NEW YORK; COMMISSIONER OF SOCIAL SERVICES OF NYC; QUEENS SUPREME COURT; CAVALRY SPV I, LLC; PEOPLE OF THE STATE OF NEW YORK; LVNV FUNDING LLC; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; INDIA WILLIAMS; TRAMAINE WILLIAMS; OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION; CHASE MANHATTAN MORTGAGE CORPORATION; CITY REGISTER OF THE CITY OF NEW YORK; and “JOHN DOE” and “MARY DOE,” (Said names being fictitious, it being the intention of plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in 1 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 or lien upon the premises being foreclosed herein.) Defendants. ___________________________________________________ TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a Defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is for the foreclosure of: Mortgage bearing the date of October 16, 2017, executed by Richard S. Williams and Lorraine K. Williams, husband and wife to MERS, Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. to secure the sum of $391,230.00, and interest, and recorded in the Office of the Clerk of Queens County on October 27, 2017 in CRFN: 2017000397306. That Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. duly assigned said Note and Mortgage to Rocket Mortgage, LLC FKA Quicken Loans, LLC by Assignment dated January 3, 2023 and recorded on January 6, 2023 in the Office of the Clerk of Queens County in CRFN: 2023000005357. Plaintiff Rocket, Mortgage, LLC is fka Quicken Loans, LLC and fka Quicken Loans, Inc. The relief sought in the within action is a final judgment directing the sale of the Mortgaged Premises described above to satisfy the debt secured by the Mortgage described above. Plaintiff designates Queens County as the place of trial. The basis of venue is the County in which the Mortgaged Premises is situated. Block: 13165 Lot: 33 2 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 DATED: July 21, 2023 Rochester, New York 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. BY: ____________________________________ Sean P. Williams, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 400 Meridian Centre Blvd., Ste. 200 Rochester, New York 14618 Tel: (585) 760-8218 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF QUEENS _____________________________________________________ ROCKET MORTGAGE, LLC, FKA QUICKEN LOANS, Filed: _______________ LLC, FKA QUICKEN LOANS INC., Index No.: ______________ Plaintiff, vs. VERIFIED COMPLAINT Any unknown heirs to the Estate of RICHARD STANLEY WILLIAMS A/K/A RICHARD S. WILLIAMS, next of kin, Mortgaged Premises: devisees, legatees, distributees, grantees, assignees, creditors, 13501 Francis Lewis Boulevard lienors, trustees, executors, administrators or successors in Laurelton, (City of New York) NY interest, as well as the respective heirs at law, next of kin, 11413 devisees, legatees, distributees, grantees, assignees, lienors, trustees, executors, administrators or successors in interest of the aforesaid classes of persons, if they or any of them be dead, all of whom and whose names and places of residence are unknown to the plaintiff; DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CRIMINAL COURT OF THE CITY OF NEW YORK; COMMISSIONER OF SOCIAL SERVICES OF NYC; QUEENS SUPREME COURT; CAVALRY SPV I, LLC; PEOPLE OF THE STATE OF NEW YORK; LVNV FUNDING LLC; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; INDIA WILLIAMS; TRAMAINE WILLIAMS; OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION; CHASE MANHATTAN MORTGAGE CORPORATION; CITY REGISTER OF THE CITY OF NEW YORK; and “JOHN DOE” and “MARY DOE,” (Said names being fictitious, it being the intention of plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein.) Defendants. 4 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 _____________________________________________________ The plaintiff herein, by Davidson Fink LLP, its attorneys, complains of the defendants above named, and for its cause of action, alleges: FIRST: Plaintiff, with an office at 1050 Woodward Avenue, Detroit, MI 48226, is authorized to do business in this State or qualifies as a "foreign bank" pursuant to the relevant statutes and, as such, has standing and capacity to bring this action in the courts of the State of New York. SECOND: Upon information and belief, that at all times hereinafter mentioned, the defendant(s) set forth in Schedule A reside or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. AS AND FOR A FIRST CAUSE OF ACTION: ACTION TO DETERMINE REAL PROPERTY Plaintiff incorporates paragraphs numbered “First” and “Second” supra, as if set forth in full. THIRD: This action is brought by Plaintiff, pursuant to Article 15 of the Real Property Actions and Proceedings Law, to compel the determination of any claims adverse to those of Plaintiff in the premises described as follows, to wit: 13501 Francis Lewis Boulevard, Laurelton, New York 11413. FOURTH: The title record with respect to Plaintiff’s subject Mortgage contains a prior Mortgage which Plaintiff seeks to resolve through this action, to wit, a mortgage from Lorraine K. Williams, and Richard S. Williams to Option One Mortgage Corporation, a California Corporation in the amount of $334,750.00, dated March 23, 2007, which was recorded in the Office of the Clerk of Queens County on May 1, 2007 in CRFN: 2007000224783. FIFTH: Upon information and belief, said mortgage was satisfied, however a discharge was never recorded. SIXTH: Upon information and belief after reasonable inquiry, Plaintiff has no means by which to discharge the prior lien from Lorraine K. Williams, and Richard S. Williams to Option One Mortgage Corporation, a California Corporation in the amount of $334,750.00. SEVENTH: Defendants claim, or it appears from the public records or from the allegations of the complaint, that Defendants might claim an estate or interest in the real 5 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 property, adverse to that of Plaintiff, and the particular nature of such estate or interest is detailed in paragraph FOURTH above. EIGHTH: None of Defendants are unknown and none are infants, intellectually disabled, mentally ill, an alcohol abuser, or incompetent to manage themselves or their affairs. NINTH: The Judgment will not affect a person or persons not in being or ascertained at the commencement of the 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. Every person in being who would have been entitled to such estate or interest if such event had happened immediately before the commencement of the action is named as a party hereto. TENTH: No personal claim is made against any Defendant other than a Defendant who shall assert a claim adverse to the claim of Plaintiff set forth in the Complaint. AS AND FOR A SECOND CAUSE OF ACTION: ACTION TO DETERMINE REAL PROPERTY Plaintiff incorporates paragraphs numbered “First” through “Tenth” supra, as if set forth in full. ELEVENTH: This action is brought by Plaintiff, pursuant to Article 15 of the Real Property Actions and Proceedings Law, to compel the determination of any claims adverse to those of Plaintiff in the premises described as follows, to wit: 13501 Francis Lewis Boulevard, Laurelton, New York 11413. TWELFTH: The title record with respect to Plaintiff’s subject Mortgage contains a prior Mortgage which Plaintiff seeks to resolve through this action, to wit, a mortgage from Richard S. Williams and Lorraine K. Williams to Concord Mortgage Corp. in the amount of $100,000.00, dated July 15, 1999, which was recorded in the Office of the Clerk of Queens County on August 5, 1999 in Reel: 5335, Page: 492, as assigned to Chase Manhattan Mortgage Corporation. THIRTEENTH: Upon information and belief, said mortgage was satisfied, however a discharge was never recorded. FOURTEENTH: Upon information and belief after reasonable inquiry, Plaintiff has no means by which to discharge the prior lien from Richard S. Williams and Lorraine K. Williams to Concord Mortgage Corp. in the amount of $100,000.00, as assigned to Chase Manhattan Mortgage Corporation. 6 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 FIFTEENTH: Defendants claim, or it appears from the public records or from the allegations of the complaint, that Defendants might claim an estate or interest in the real property, adverse to that of Plaintiff, and the particular nature of such estate or interest is detailed in paragraph TWELFTH above. SIXTEENTH: None of Defendants are unknown and none are infants, intellectually disabled, mentally ill, an alcohol abuser, or incompetent to manage themselves or their affairs. SEVENTEENTH: The Judgment will not affect a person or persons not in being or ascertained at the commencement of the 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. Every person in being who would have been entitled to such estate or interest if such event had happened immediately before the commencement of the action is named as a party hereto. EIGHTEENTH: No personal claim is made against any Defendant other than a Defendant who shall assert a claim adverse to the claim of Plaintiff set forth in the Complaint. AS AND FOR A THIRD CAUSE OF ACTION: FORECLOSURE Plaintiff incorporates paragraphs numbered “First” through “Eighteenth” supra, as if set forth in full. NINETEENTH: That the United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York, and all other agencies or instrumentalities of the Federal, State or local government (however designated), if made parties to this action and if appearing in Schedule B, are made parties solely by reason of the facts set forth in said schedule, and for no other reason. TWENTIETH: That heretofore, the defendant(s), Richard S. Williams, deceased, and Lorraine K. Williams, deceased, for the purpose of securing to plaintiff or its assignor, its successors and assigns, the sum of $391,230.00, duly made a certain bond, note, loan agreement, extension agreement, consolidation agreement, or recasting agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of the plaintiff in said bond, note or other instrument. A copy of said instrument, or an affidavit regarding same, is attached hereto and made a part hereof. 7 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 TWENTY-FIRST: That as security for the payment of said indebtedness, a mortgage was executed, acknowledged and delivered to the plaintiff or its assignor, whereby the mortgagor or mortgagors therein named, bargained, granted and sold to the mortgagee named therein, its successors and assigns, the premises more particularly described therein (hereinafter called "mortgaged premises"), under certain conditions with rights, duties and privileges between or among them as more fully appears in said mortgage, a copy of which is attached hereto and made a part hereof. TWENTY-SECOND: That the said mortgage was duly recorded (and the mortgage tax due thereon was duly paid) in the proper County Clerk's Office at the place and time which appears thereon. TWENTY-THIRD: That the defendant(s), so named, have failed and neglected to comply with the terms and provisions of said mortgage, bond/note/loan agreement, and said instrument(s) secured by said mortgage by omitting and failing to pay items of principal and interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully appears in Schedule C and accordingly the plaintiff hereby elects to call due the entire amount secured by the mortgage described in paragraph TWENTY-FIRST hereof. The default has continued beyond the applicable grace period set forth in the mortgage, and by reason thereof, plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance of principal. TWENTY-FOURTH: That Schedule C sets forth the principal balance due and the date (and rate) from which interest accrued and all other items and charges arising from said default which are now due. TWENTY-FIFTH: That in order to protect its security, the Plaintiff has paid, if set forth in Schedule C, or may be compelled to pay during the pendency of this action local, taxes, assessments, water rates, insurance premiums, inspections and other charges affecting the mortgaged premises, and the plaintiff requests that any sums thus paid by it for said purposes (together with interest thereon), should be added to the sum otherwise due and be deemed secured by the said mortgage and be adjudged a valid lien on the mortgaged premises. TWENTY-SIXTH: That each of the above-named defendants has, or claims 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. 8 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 TWENTY-SEVENTH: That the plaintiff is now the sole, true and lawful owner and/or holder of the said bond/note/loan agreement and mortgage securing the same and there are no pending proceedings at law or otherwise to collect or enforce said bond/note and mortgage. Copies of Assignment(s) of Mortgage, if any, are attached hereto and made a part hereof. TWENTY-EIGHTH: That Schedules, Exhibits and other items attached to this Complaint are expressly incorporated and made a part of the Complaint for all purposes with the same force and effect as if they were completely and fully set forth herein wherever reference has been made to each or any of them. TWENTY-NINTH: That by reason of the foregoing, there is now due and owing to the plaintiff upon said bond, note, loan agreement, assumption agreement, extension agreement or consolidation agreement the amount set forth in Schedule C. THIRTIETH: That if the security for the indebtedness consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary to satisfy the indebtedness or that if the mortgage so states, the mortgaged premises may be sold in one parcel. THIRTY-FIRST: The plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the note and mortgage and occurring prior to the discontinuance of this action are fully paid and cured. THIRTY-SECOND: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt on behalf of the plaintiff. Any information obtained as a result of this action will be used for that purpose. THIRTY-THIRD: At the time this proceeding is commenced, the plaintiff is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. THIRTY-FOURTH: If applicable, Plaintiff has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated thereunder, section six-l or six-m of the banking law, for loans governed by those provisions, and section thirteen hundred four of the real property actions and proceedings law, and HAMP Supplemental Directive 10-02. 9 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 THIRTY-FIFTH: Plaintiff has complied with all of the provisions pursuant to RPAPL §§ 1304 and 1306. THIRTY-SIXTH: That there is no other action pending regarding this claim. AS AND FOR A FOURTH CAUSE OF ACTION: REFORMATION Plaintiff incorporates paragraphs numbered “First” through “Thirty-Sixth” supra, as if set forth in full. THIRTY-SEVENTH: Plaintiff repeats and realleges with the same force and effect as if fully set forth at length herein the allegations stated and contained in the FIRST, SECOND and THIRD CAUSES OF ACTION marked and numbered FIRST through THIRTY-SIXTH, inclusive. THIRTY-EIGHTH: By mutual mistake of plaintiff and defendants, the legal description within the mortgage to be foreclosed recorded on October 27, 2017 in the Office of the Clerk of Queens County in CRFN: 2017000397306 contains scrivener’s errors. THIRTY-NINTH: Plaintiff has no adequate remedy at law unless said legal description be reformed so that the paragraph of the description hereinafter set forth read as follows: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS ANDIMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING AT LAURELTON, IN THE FOURTH WARD OF THE BOROUGH OF QUEENS, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTH WESTERLY SIDE OF 135TH AVENUE (NORTH BOULEVARD) WITH THE SOUTHEASTERLY SIDE OF 231ST STREET (IROQUOIS BOULEVARD), AS SAID NORTH BOULEVARD AND IROQUOIS BOULEVARD ARE LAID OUT ON A CERTAIN ENTITLED, “ LAURELTON, BOROUGH OF QUEENS, CITY OF NEW YORK, PROPERTY OF THE LAURELTON LAND COMPANY, 50 CHURCH STREET, NEW YORK CITY, WILLIAM H. REYNOLDS, PRESIDENT, P. B. PURDY, GENERAL MANAGER, FRANCIS P. MURPHY, CITY SURVEYOR, BROOKLYN, AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF QUEENS, ON JULY 12TH, 1910, UNDER FILE NUMBER 987, AND FROM SAID POINT OF BEGINNING; RUNNING SOUTHEASTERLY ALONG SAID SIDE OF 135TH AVENUE, ONE HUNDRED (100) FEET; THENCE SOUTHWESTERLY PARALLEL WITH 231ST STREET, THIRTY-TWO FEET AND TWENTY- FIVE ONE HUNDREDTHS OF A FOOT (32.25 FT.); THENCE NORTHWESTERLY PARALLEL WITH 135TH AVENUE, ONE HUNDRED (100) FEET TO THE SOUTHEASTERLY SIDE OF 231ST STREET AND; THENCE NORTHEASTERLY ALONG SAID SIDE OF 231ST STREET, THIRTY-TWO FEET AND TWENTY-FIVE ONE HUNDREDTHS OF A FOOT (32.25 FT.) TO THE CORNER THE POINT OR PLACE OF BEGINNING. 10 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 WHEREFORE, plaintiff demands judgment: 1. Upon its First Cause of Action: Issuing a satisfaction of mortgage discharging the prior Mortgage from Lorraine K. Williams and Richard S. Williams to Option One Mortgage Corporation, a California Corporation in the amount of $334,750.00, dated March 23, 2007, which was recorded in the Office of the Clerk of Queens County on May 1, 2007 in CRFN: 2007000224783; 2. Upon its Second Cause of Action: Issuing a satisfaction of mortgage discharging the prior Mortgage from Richard S. Williams and Lorraine K. Williams to Concord Mortgage Corp. in the amount of $100,000.00, dated July 15, 1999, which was recorded in the Office of the Clerk of Queens County on August 5, 1999 in Reel: 5335, Page: 492, as assigned to Chase Manhattan Mortgage Corporation; 3. Upon a Third Cause of Action: Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs and reasonable attorney's fees, if provided for in the said bond/note/loan agreement or mortgage; and 4. Upon its Fourth Cause of Action: to reform the description made a part of the mortgage document recorded on October 27, 2017 in CRFN: 2017000397306 to contain the language set forth in the paragraph THIRTY-NINTH herein. 5. That the defendant(s) and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; 6. That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts due for principal, interest, costs, reasonable attorney’s fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; 7. That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts due on said bond/note/loan agreement and mortgage and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if provided 11 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 for in said bond, note, loan agreement or mortgage, so far as the amount of such money properly applicable thereto will pay the same; 8. The premises are being sold subject to: (a) All common charges, if any, which are at the time a lien on the premises, together with such interest or penalties as may have lawfully accrued thereon to the date of payment; (b) Covenants, restrictions and easements of record and zoning regulations and ordinances of the City, Town and Village in which said premises lie; (c) Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley or highway; (d) Any state of facts that an accurate survey, currently dated, might disclose; (e) Any state of facts an inspection would disclose, it being understood that the property is sold in an "as is" and "where is" condition; (f) Any and all tenancies, possessory interests and/or leases affecting said premises which are not extinguished by this foreclosure action; (g) The right of redemption of the United States of America, if any; 9. That if the proceeds of said sale of the mortgaged premises aforesaid be insufficient to pay the amount found due to the plaintiff with interest and costs, the officer making the sale be required to specify the amount of such deficiency in his report of sale so that plaintiff may thereafter be able to make application to this Court, pursuant to Section 1371 of the Real Property Actions and Proceedings Law, for a judgment against the defendant(s) referred to in paragraph TWENTIETH of this Complaint for any deficiency which may remain after applying all of such moneys so applicable thereto, except that this shall not apply to any defendant who has been discharged in bankruptcy from the subject debt; 10. That either or any of the parties to this action may become a purchaser upon such sale; 11. That this Court, if requested, forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; 12. That the plaintiff may have such other or further relief, or both, as may be just and equitable. 12 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 Plaintiff specifically reserves its right to share in any surplus monies arising from the sale of subject premises by virtue of its position as a judgment or other lien creditor excluding the mortgage being foreclosed herein; DATED: July 21, 2023 Rochester, New York BY: ____________________________________ Sean P. Williams, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 400 Meridian Centre Blvd., Ste. 200 Rochester, New York 14618 Tel: (585) 760-8218 13 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 VERIFICATION (Complaint) I affirm under penalty of perjury: That I am the attorney for Plaintiff, having an office at 400 Meridian Centre Blvd., Suite 200 Rochester, NY 14618, in the within action; that I have read the foregoing Summons and Complaint and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe them to be true. That the grounds of my belief as to all matters in the Complaint not stated to be upon knowledge are based upon the original bond/note/loan agreement, mortgage and/or financial statements, together with correspondence. I further state that the reason this verification is made by Affirmant and not an officer of Plaintiffs corporation is that Plaintiff is either a foreign corporation, or its principal place of business is not in the county where I have my office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. (In Sean P. Williams, Esq. Sworn to before me this 21 day of July, 2023 Notary Fublic KAYLA CASTANEDA NOTARY PUBLIC, State of New York Registration No. 01CA6446331 Qualified in Monroe County Commission Expires January 17, 2021 14 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 Schedule A-Defendants Any unknown heirs to the Estate of Record owner and original mortgagor of RICHARD STANLEY WILLIAMS A/K/A premises being foreclosed herein by virtue of RICHARD S. WILLIAMS, next of kin, a deed recorded on October 24, 1997 in the devisees, legatees, distributees, grantees, Queens County Clerk’s Office in Reel: 4706, assignees, creditors, lienors, trustees, Page: 2042 and the party liable for payment executors, administrators or successors in of the note and mortgage herein. interest, as well as the respective heirs at law, next of kin, devisees, legatees, distributees, grantees, assignees, lienors, trustees, executors, administrators or successors in interest of the aforesaid classes of persons, if they or any of them be dead, all of whom and whose names and places of residence are unknown to the plaintiff; 13501 Francis Lewis Boulevard Laurelton, NY 11413 CAVALRY SPV I, LLC Holder of a judgment against Richard 500 Summit Lake Drive, Suite 400 Williams, docketed on March 3, 2020 in the Valhalla, NY 10595 Queens County Clerk’s Office in the amount of $6,644.63 Control No.: 002410479 01. LVNV FUNDING LLC Holder of a judgment against Richard 9700 Bissonet Suite 200 Williams, docketed on June 9, 2023 in the Houston, TX 77036 Queens County Clerk’s Office in the amount of $4,795.31 Control No.: 002577051 01. OPTION ONE MORTGAGE Party defendant pursuant to plaintiff’s request CORPORATION, A CALIFORNIA for the sole purpose to extinguish the prior CORPORATION mortgage from Lorraine K. Williams and 3 Ada Richard S. Williams to Option One Mortgage Irvine, CA 92618 Corporation, a California Corporation in the amount of $334,750.00, recorded on May 1, 2007 in the Queens County Clerk’s Office in CRFN: 2007000224783. 15 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 CHASE MANHATTAN MORTGAGE Party defendant pursuant to plaintiff’s request CORPORATION for the sole purpose to extinguish the prior 1500 N. 19th Street mortgage from Richard S. Williams and Monroe, LA 71201 Lorraine K. Williams to Concord Mortgage Corp. in the amount of $100,000.00, recorded on August 5, 1999 in the Queens County Clerk’s Office in Reel: 5335, Page: 492, as assigned. INDIA WILLIAMS Possible heir-at-law to the Estate of Richard 13501 Francis Lewis Boulevard Stanley Williams a/k/a Richard S. Williams. Laurelton, NY 11413 TRAMAINE WILLIAMS Possible heir-at-law to the Estate of Richard 13501 Francis Lewis Boulevard Stanley Williams a/k/a Richard S. Williams. Laurelton, NY 11413 “JOHN DOE” and “MARY DOE” 13501 Francis Lewis Boulevard Said names being fictitious, it being the Laurelton, NY 11413 intention of plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 16 of 19 FILED: QUEENS COUNTY CLERK 10/04/2023 07/24/2023 08:40 07:48 AM INDEX NO. 715104/2023 NYSCEF DOC. NO. 25 1 RECEIVED NYSCEF: 10/04/2023 07/24/2023 Schedule B-Defendants DEPARTMENT OF THE TREASURY – Named as a party defendant because of a INTERNAL REVENUE SERVICE Federal Tax Lien filed against Richard A. Cincinnati IRS Campus Williams, filed on October 10, 2019 in the P.O. Box 145595 Queens County Clerk’s Office in the amount Cincinnati, OH 45250 of $31,115.91 in U.S. #: 384475119. Possible party defendant by virtue of having a possible lien against the mortgaged premises in the above-captioned case that arises from Estate Taxes due and owing from the Estate of Richard Stanley Williams a/k/a Richard Williams, if any. NEW YORK STATE DEPARTMENT OF Holder of multiple tax warrants docketed in TAXATION AND FINANCE the Queens County Clerk’s Office, copies of W A Harriman State Campus which are attached hereto. Albany, NY 12227 Possible party defendant by virtue of having a possible lien against the mortgaged premises in the above-captioned case that arises from Estate Taxes due and owing from the Estate of Richard Stanley Williams a/k/a Richard Williams, if any. CRIMINAL COURT OF THE CITY OF Holder of multiple judgments and/or liens NEW YORK docketed in the Queens County Clerk’s 125-01 Queens Boulevard Office, copies of which are attached hereto. Queens, NY 11415 COMMISSIONER OF SOCIAL SERVICES Holder of a judgment against Richard OF NYC Williams, docketed on July 14,