On October 01, 2021 a
Motion-Secondary
was filed
involving a dispute between
U.S. Bank National Association, As Trustee For The Registered Holders Of Mastr Asset Backed Securities Trust 2007-Wmc1Mortgagepass-Through Certificates, Series 2007-Wmci,
and
Environmental Control Board,
Joe Fenderson,
Joy Newell,
Natasha Rose,
Nyc Parking Violations Bureau,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 11/16/2022 02:32 PM INDEX NO. 721884/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
FILED
Presiding: HONORABLE BERNICE D. SIEGAL, J.S.C 11/16/2022
------------------------------------------------------------X COUNTY CLERK
U.S. BANK NATIONAL ASSOCIATION, AS QUEENS COUNTY
TRUSTEE FOR THE REGISTERED HOLDERS OF Part: 8
MASTR ASSET BACKED SECURITIES TRUST Index No: 721884/2021 (7405/2012)
2007-WMC1MORTGAGE PASS-THROUGH Inquest Date: 10/18/2022
CERTIFICATES SERIES 2007-WMC1,
Plaintiffs,
-against- MEMORANDUM DECISION
JOY NEWELL, et al., Dated: November 4, 2022
Defendants.
------------------------------------------------------------X
This is a residential foreclosure action. Pursuant to the Order of former Justice George J.
Silver, the defendants’ answer was stricken on March 9, 2022 due to the failure of the defendants
to appear for a trial or trial conference and an inquest was ordered. The inquest was assigned to
the undersigned.
On October 19, 2022, a virtual conference was held, which only plaintiff’s counsel
appeared. Plaintiff’s counsel made an oral application to, in effect, have the two remaining issues
in this case, the amount due and owing to the plaintiff and whether the property should be sold
in one or more parcels, referred to a referee. In other words, an order of reference was sought.
In the interests of judicial economy, the application is granted. The issues presented are
appropriate for a referee and an inquest will not be necessary. The note of issue is therefore
vacated.
The plaintiff is directed to submit an Order consistent with this Memorandum via NYSCEF
by December 5, 2022.
The Clerk of the Court is respectfully directed to vacate the note of issue and close the
inquest.
This constitutes the Decision of the Court.
______________________________
BERNICE D. SIEGAL, J.S.C.
1 of 1
Document Filed Date
November 16, 2022
Case Filing Date
October 01, 2021
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: QUEENS COUNTY CLERK 11/16/2022 02:32 PM INDEX NO. 721884/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS FILED Presiding: HONORABLE BERNICE D. SIEGAL, J.S.C 11/16/2022 ------------------------------------------------------------X COUNTY CLERK U.S. BANK NATIONAL ASSOCIATION, AS QUEENS COUNTY TRUSTEE FOR THE REGISTERED HOLDERS OF Part: 8 MASTR ASSET BACKED SECURITIES TRUST Index No: 721884/2021 (7405/2012) 2007-WMC1MORTGAGE PASS-THROUGH Inquest Date: 10/18/2022 CERTIFICATES SERIES 2007-WMC1, Plaintiffs, -against- MEMORANDUM DECISION JOY NEWELL, et al., Dated: November 4, 2022 Defendants. ------------------------------------------------------------X This is a residential foreclosure action. Pursuant to the Order of former Justice George J. Silver, the defendants’ answer was stricken on March 9, 2022 due to the failure of the defendants to appear for a trial or trial conference and an inquest was ordered. The inquest was assigned to the undersigned. On October 19, 2022, a virtual conference was held, which only plaintiff’s counsel appeared. Plaintiff’s counsel made an oral application to, in effect, have the two remaining issues in this case, the amount due and owing to the plaintiff and whether the property should be sold in one or more parcels, referred to a referee. In other words, an order of reference was sought. In the interests of judicial economy, the application is granted. The issues presented are appropriate for a referee and an inquest will not be necessary. The note of issue is therefore vacated. The plaintiff is directed to submit an Order consistent with this Memorandum via NYSCEF by December 5, 2022. The Clerk of the Court is respectfully directed to vacate the note of issue and close the inquest. This constitutes the Decision of the Court. ______________________________ BERNICE D. SIEGAL, J.S.C. 1 of 1