On April 10, 2019 a
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
was filed
involving a dispute between
Phh Mortgage Corporation,
and
Alphonso Cino,
Asset Acceptance Llc A P O Wfnnb Peebles,
Asset Acceptance Llc
A P O Wfnnb Peebles,
Bank Of America N.A. S B M Fleet National Bank,
Bank Of America N.A.
S B M Fleet National Bank,
Cavalry Portfolio Services Llc As Assignee Of Cavalry Spv I, Llc, As Assignee Of Hilco Receivables, Llc, As Assignee Of Bank Of America,
Cavalry Portfolio Services Llc
As Assignee Of Cavalry Spv I, Llc, As Assignee Of Hilco Receivables, Llc, As Assignee Of Bank Of America,
Discover Bank,
First Resolution Investment Corp,
John Doe #1 Through John Doe #12 The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants Occupants Persons Or Corporations If Any Having Or Claiming An Interest In Or Lien Upon The Subject Property,
John Doe
#1 Through John Doe #12 The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants Occupants Persons Or Corporations If Any Having Or Claiming An Interest In Or Lien Upon The Subject Property,
Lhr Inc,
Lvnv Funding Llc,
Tribeca Asset Management Llc,
U.S. Equities Corporation,
for Commercial - Other (Other)
in the District Court of Columbia County.
Preview
FILED: COLUMBIA COUNTY CLERK 06/17/2021 02:52 PM INDEX NO. E012019014263
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/17/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
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PHH MORTGAGE CORPORATION, : Index No. E012019014263
:
Plaintiff, : AFFIRMATION IN SUPPORT OF
: MOTION TO CANCEL NOTICE
vs. : OF PENDENCY PURSUANT TO
: CPLR 6514 (a) AND
ALPHONSO CINO, BANK OF AMERICA, N.A.: DISCONTINUE ACTION
S/B/M FLEET NATIONAL BANK; CAVALRY:
PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF:
:
CAVALRY SPV I, LLC, AS ASSIGNEE OF
:
HILCO RECEIVABLES, LLC, AS ASSIGNEE OF:
BANK OF AMERICA; ASSET ACCEPTANCE,:
LLC A/P/O WFNNB/PEEBLES; U.S. EQUITIES:
CORPORATION; FIRST RESOLUTION:
INVESTMENT CORP.; LHR, INC.; DISCOVER:
BANK; TRIBECA ASSET MANAGEMENT, LLC;:
:
LVNV FUNDING LLC;
:
:
“JOHN DOE# 1” THROUGH “JOHN DOE # 12,”:
THE LAST TWELVE NAMES BEING:
FICTITIOUS AND UNKNOWN TO PLAINTIFF,:
THE PERSONS OR PARTIES INTENDED BEING:
THE TENANTS, OCCUPANTS, PERSONS OR:
CORPORATIONS, IF ANY, HAVING OR:
CLAIMING AN INTEREST IN OR LIEN UPON:
THE SUBJECT PROPERTY DESCRIBED IN THE:
COMPLAINT, :
:
Defendants. :
:
---------------------------------------------------------------- X
I, Chantee Nelson, an attorney duly licensed to practice law under the laws of the State of
New York, pursuant to CPLR § 2106 and under the penalties of perjury, make the following
statements in support of Plaintiff, PHH Mortgage Corporation’s (“Plaintiff”) Motion for an
Order cancelling the Notice of Pendency pursuant to CPLR § 6514 (a) and discontinuing the
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action without prejudice, and for such other and further relief as to this court may seem just,
proper and equitable.
I am an attorney with the law firm of Duane Morris LLP, attorneys for Plaintiff, and as
such, I am fully familiar with the facts and circumstances of this matter.
1. This mortgage foreclosure action was commenced to foreclose a certain mortgage
held by Plaintiff, upon the premises known as 1639 Route 9, Stuyvesant, NY 12173 A/K/A
Section 62.4, Block 1, Lot 34 (the “Premises”).
2. The Summons and Complaint in this action was duly filed on April 10, 2019. A true
and correct copy of the Summons and Complaint is attached hereto as Exhibit “A”.
3. A Notice of Pendency in this action was filed on April 10, 2019 (the “Notice of
Pendency”). A true and correct copy of the Note of Pendency is attached hereto as Exhibit “B”.
4. All defendants were duly served with a copy of Plaintiff’s Summons and Complaint
and RPAPL § 1303 Notice. A true and correct copy of the Affidavits of Service are attached
hereto as Exhibit “C”.
5. No defendant answered or otherwise entered their appearance in this matter, except
Defendants, Alphonso Cino, Bank of America, N.A. S/B/M Fleet National Bank, and U.S.
Equities Corporation (“Defendants”).
6. CPLR § 6514 (a) provides as follows:
Mandatory cancellation. The court, upon motion of any person
aggrieved and upon such notice as it may require, shall direct any
county clerk to cancel a notice of pendency, if service of a
summons has not been completed within the time limited by
section 6512; or if the action has been settled, discontinued or
abated; or if the time to appeal from a final judgment against the
plaintiff has expired; or if enforcement of a final judgment against
the plaintiff has not been stayed pursuant to section 5519.
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7. Plaintiff desires to cancel its Notice of Pendency and discontinue the present action
because the subject mortgage loan was modified by a Loan Modification Agreement.
8. All defendants have received notice of this application.
9. No party is an infant or an incompetent person for whom a conservatee has been
appointed. All persons having an interest in the subject matter in the action are named parties in
this action.
WHEREFORE, Plaintiff, respectfully requests an Order granting cancellation of the
Notice of Pendency pursuant to CPLR § 6514 (a) and discontinuance of the action without
prejudice, and for such other and further relief as to this court may seem just, proper and
equitable.
Dated: June 16, 2021 DUANE MORRIS LLP
By: _/s/ Chantee Nelson______________
Brett Messinger
Chantee Nelson
1540 Broadway
New York, NY 10036-4086
Telephone: 212-471-1836
Fax: +1 212-202-7503
E-mail:cnelson@duanemorris.com
Attorneys for Plaintiff,
PHH Mortgage Corporation
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Preview
FILED: COLUMBIA COUNTY CLERK 06/17/2021 02:52 PM INDEX NO. E012019014263 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/17/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA ---------------------------------------------------------------- x PHH MORTGAGE CORPORATION, : Index No. E012019014263 : Plaintiff, : AFFIRMATION IN SUPPORT OF : MOTION TO CANCEL NOTICE vs. : OF PENDENCY PURSUANT TO : CPLR 6514 (a) AND ALPHONSO CINO, BANK OF AMERICA, N.A.: DISCONTINUE ACTION S/B/M FLEET NATIONAL BANK; CAVALRY: PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF: : CAVALRY SPV I, LLC, AS ASSIGNEE OF : HILCO RECEIVABLES, LLC, AS ASSIGNEE OF: BANK OF AMERICA; ASSET ACCEPTANCE,: LLC A/P/O WFNNB/PEEBLES; U.S. EQUITIES: CORPORATION; FIRST RESOLUTION: INVESTMENT CORP.; LHR, INC.; DISCOVER: BANK; TRIBECA ASSET MANAGEMENT, LLC;: : LVNV FUNDING LLC; : : “JOHN DOE# 1” THROUGH “JOHN DOE # 12,”: THE LAST TWELVE NAMES BEING: FICTITIOUS AND UNKNOWN TO PLAINTIFF,: THE PERSONS OR PARTIES INTENDED BEING: THE TENANTS, OCCUPANTS, PERSONS OR: CORPORATIONS, IF ANY, HAVING OR: CLAIMING AN INTEREST IN OR LIEN UPON: THE SUBJECT PROPERTY DESCRIBED IN THE: COMPLAINT, : : Defendants. : : ---------------------------------------------------------------- X I, Chantee Nelson, an attorney duly licensed to practice law under the laws of the State of New York, pursuant to CPLR § 2106 and under the penalties of perjury, make the following statements in support of Plaintiff, PHH Mortgage Corporation’s (“Plaintiff”) Motion for an Order cancelling the Notice of Pendency pursuant to CPLR § 6514 (a) and discontinuing the DM1\12157778.1 1 of 3 FILED: COLUMBIA COUNTY CLERK 06/17/2021 02:52 PM INDEX NO. E012019014263 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/17/2021 action without prejudice, and for such other and further relief as to this court may seem just, proper and equitable. I am an attorney with the law firm of Duane Morris LLP, attorneys for Plaintiff, and as such, I am fully familiar with the facts and circumstances of this matter. 1. This mortgage foreclosure action was commenced to foreclose a certain mortgage held by Plaintiff, upon the premises known as 1639 Route 9, Stuyvesant, NY 12173 A/K/A Section 62.4, Block 1, Lot 34 (the “Premises”). 2. The Summons and Complaint in this action was duly filed on April 10, 2019. A true and correct copy of the Summons and Complaint is attached hereto as Exhibit “A”. 3. A Notice of Pendency in this action was filed on April 10, 2019 (the “Notice of Pendency”). A true and correct copy of the Note of Pendency is attached hereto as Exhibit “B”. 4. All defendants were duly served with a copy of Plaintiff’s Summons and Complaint and RPAPL § 1303 Notice. A true and correct copy of the Affidavits of Service are attached hereto as Exhibit “C”. 5. No defendant answered or otherwise entered their appearance in this matter, except Defendants, Alphonso Cino, Bank of America, N.A. S/B/M Fleet National Bank, and U.S. Equities Corporation (“Defendants”). 6. CPLR § 6514 (a) provides as follows: Mandatory cancellation. The court, upon motion of any person aggrieved and upon such notice as it may require, shall direct any county clerk to cancel a notice of pendency, if service of a summons has not been completed within the time limited by section 6512; or if the action has been settled, discontinued or abated; or if the time to appeal from a final judgment against the plaintiff has expired; or if enforcement of a final judgment against the plaintiff has not been stayed pursuant to section 5519. 2 DM1\12157778.1 2 of 3 FILED: COLUMBIA COUNTY CLERK 06/17/2021 02:52 PM INDEX NO. E012019014263 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/17/2021 7. Plaintiff desires to cancel its Notice of Pendency and discontinue the present action because the subject mortgage loan was modified by a Loan Modification Agreement. 8. All defendants have received notice of this application. 9. No party is an infant or an incompetent person for whom a conservatee has been appointed. All persons having an interest in the subject matter in the action are named parties in this action. WHEREFORE, Plaintiff, respectfully requests an Order granting cancellation of the Notice of Pendency pursuant to CPLR § 6514 (a) and discontinuance of the action without prejudice, and for such other and further relief as to this court may seem just, proper and equitable. Dated: June 16, 2021 DUANE MORRIS LLP By: _/s/ Chantee Nelson______________ Brett Messinger Chantee Nelson 1540 Broadway New York, NY 10036-4086 Telephone: 212-471-1836 Fax: +1 212-202-7503 E-mail:cnelson@duanemorris.com Attorneys for Plaintiff, PHH Mortgage Corporation 3 DM1\12157778.1 3 of 3