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= AR ONX OUN NK 9:0 DV INDEX NO. 305209/2013E
NYSCEF BOC. NO. 96 RECEIVED NYSCEF: 01/21/2024
EXHIBIT J
INDEX NO. 305209/2013E
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
sin sence wee susocenhawpieesiommmurersraawracemrnrore
wmeamerscv Index No.
LNYV Corporation,
Plaintiff,
COMPLAINT
-against-
Audis Diaz a/k/a Audis M. Diaz, Elvis Gabricl,
Department of Housing Preservation and
Development of the City of New York - Housing
Litigation Division, LNV Corporation, Criminal
Court of the City of New York. City of New York
Department of Transportation Parking Violations
Bureau, City of New York Environmental Control
Board, City of New York Transit Adjudication
Bureau, Karen Payne
“JOHN DOE", "RICHARD ROB", "JANE DOE",
“CORA COE", "DICK MOE" and "RUBY POR", the
six defendants last named in quotation marks being
intended to designate tenants or occupants in
possession of the herein described premises or
po ons thereof, if any there be, said names being
fictitious, their true name being unknown to plaintiff,
Defendant(s).
navn eta ise mera i ee erininreht meme meni ntemmrermtnteee wir X
The plaintiffby Stein, Wiener & Roth, L.L.P., its attorneys , complains of the defendants
above-named and alleges:
1 That the plaintiff was at all times hereinafter mentioned, and now is, a corporation with
an address for doing business at 1 Corporate Drive, Suite 360, Lake Zurich, IL 60047.
22 That on or about December 15, 2005, Audis Diaz a/k/a Audis M. Diaz (hereinafter
“Borrower”) duly executed and delivered to Wall Street Mortgage Bankers, Ltd. d/b/a Power
Express, a note whereby said Borrower became obligated to pay the sum of $374,250.00 Dollars
with interest at the initial rate of 7.875% per cent per annum, and agreed to pay to the lender, its
INDEX NO. 305209/2013E
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024
successors and assigns, the aforesaid sum and interest thereon as follows: by payment of principal
and interest of $2,713.57 on February 01, 2006, and thereafter monthly payments as per the terms
of the note on this same day of each subsequent month until the principal and interest were fully
paid, except that the final payment of the entire indebtedness evidenced thereby, if not sooner
paid, is due and payable on January 01, 2036.
3 As collateral security for the payment of said indebtedness, the mortgagors Audis Diaz
a/k/a Audis M. Diaz on the same day duly executed, acknowledged and delivered to the said
Mortgage Electronic Registration Systems, Inc., as nominee for Wall Street Mortgage Bankers,
Ltd. d/b/a Power Express, a mortgage bearing date December 15, 2005, whereby they mortgaged
to the said Mortgage Electronic Registration Systems, Inc., as nominee for Wall Street Mortgage
Bankers, Lid. d/b/a Power Express, its successors and assigns, the real property known as 3512
Laconia Avenue, Bronx, NY 10469 and as more particularly described in the attached Schedule
.
«An,
4 Said mortgage was duly recorded in the Office of the Register of the County of BRONX
on January 20, 2006, in CRFN # 2006000034458, that being the County wherein the said real
property was then situated, and at the same time and place the mortgagee duly paid to said
County Register Office the recording tax on said mortgage.
5 Said mortgage was duly assigned to plaintiff herein by assignment dated June 28, 2011,
and recorded on September 26, 2011, in CRFN# 2011000340443.
6. The plaintiff is the holder of the said note and is the mortgagee of record.
7 The defendant Borrower has failed to comply with the terms and conditions of the said
note and mortgage by failing and omitting to pay the installment due June 01, 2012, and the
installments due on each subsequent installment due to date, in accordance with the terms of the
mortgage.
INDEX NO. 305209/2013E
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024
8 That more than one month has elapsed since each and every one of said defaults and the
same still remains unpaid and no part thereof has been paid, and the plaintiff, pursuant to the
provisions of the said note and mortgage has elected, and does elect that the entire unpaid balance
of the principal sum thereby secured become immediately due and payable.
9. That there is now justly due and owing to the plaintiff on said note and mortgage, the
principal sum of $348,976.15, with interest thereon at the rate stated in the note from May 01,
2012, together with necessary advances and expenditures. That because of the defendants default,
the plaintiff
has incurred legal fees to date and requests the court to allow such fees in excess to
those mandated by statute as may reasonably be incurred herein.
10. That the plaintiff requests that, in the event this action proceeds to judgment of
foreclosure and sale, the said premises be sold subject to any state of facts an accurate survey may
show and to restrictive covenants, utility easements, agreements and reservations, if any, of
record zoning restrictions and violations thereof, if any, and covenants, restrictions, easements
and agreements of record, if any, and violations thereof, if any.
Ht. Upon information and belief, during the pendency of this action, the plaintiff may be
obliged to pay sums by way of assessments, taxes, insurance premiums and other charges
accruing against said premises and the Plaintiff asks that any sums it may be required to pay and
does pay for the purpose of protecting the lien of the mortgage herein sought to be foreclosed may
be added to the indebtedness secured by and adjudged a valid lien on the premises herein
described including legal fees and expenses.
12 No action or proceeding is pending at law or otherwise for the foreclosure of said
morigage or recovery of said sums so secured by said note and mortgage or any part thereof,
13 Upon information and belief, all the individual defendants herein are of full age and
sound mind and none is an absentee.
14. That plaintiff is informed and believes and therefore alleges that each of the above
defendants has, or claims to have some interest or lien upon said mortgaged premises, or some
INDEX NO. 305209/2013E
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024
part thereof, which interests or lien, if any, has accrued subsequent to and is subordinate to the
lien of said mortgage.
15, Plaintiff is the holder of the subject note and is the mortgagee of record, or has been
delegated the authority to institute a mortgage foreclosure action by the owner and holder of the
subject mortgage and note. .
16. Plaintiff has complied with all of the applicable provisions of Banking Law § 595-a, and
any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m and RPAPL
$1304 and §1306.
17. Department of Housing Preservation and Development of the City of New York-Housing
Litigation Division is named a party defendant in this action as a possible holder of liens which
are subordinate to that of the plaintiffin the amounts indicated on the attached sheet.
18 Criminal Court-City of New York is named a party defendant in this action as a possible
holder of liens which are subordinate to that of the plaintiff in the amounts indicated on the
attached sheet.
19, City of New York Department of Transportation Parking Violations Bureau is named a
party defendant in this action as a possible holder of liens which are subordinate to that of the
plaintiff in the amounts indicated on the attached sheet.
20. City of New York Environmental Control Board is named a party defendant in this action
as a possible holder of liens which are subordinate to that of the plaintiff in the amounts indicated
on the attached sheet.
21. City of New York Transit Adjudication Bureau is named a party defendant in this action
as a possible holder of liens which are subordinate to that of the plaintiff in the amounts indicated
on the attached sheet.
INDEX NO. 305209/2013E
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024
WHEREFORE. the plaintiff demands judgment that the defendants, and all persons
claiming under them, subsequent to the filing of a Notice of Pendency of this Action, in the
office of the Register of the County of BRONX in which said mortgaged premises are situated,
may be barred and foreclosed of all right, title and interest, claim, lien and equity of redemption
in said mortgaged premises; that the monies arising from the sale may be brought into Court; that
the plaintiff may be paid the amount due upon the said note and mortgage, with interest to the
time of such payment, the expenses of the sale, and the costs, allowances, and disbursements of
this action, and together with any monies advanced and paid pursuant to any terms or provisions
of the note and mortgage set forth in this Complaint, or to protect the lien of plaintiff's mortgage,
together with the taxes, water charges, insurance and all other charges and liens thereon to be
.
paid. with interest upon said amounts from the dates of the respective payments and advances
thereof, so far as the amounts of such monies properly applicable thereto will pay the same: that
this Court forthwith appoint a receiver of the rents and profits of said premises with the usual
powers and duties; and that the plaintiff may have such other and further relief in the premises as
shall be just and equitable.
DATED: May 08, 2014
Carle Place, New York
Pranali Datta, St
Stein, Wiener & Roth, L.L.P.
Attorneys for Plaintiff
One Old Country Road, Suite 113
Carle Place, New York 11514
(516)-742-1212
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= AR ONX OUN NK 9:0 DV INDEX NO. 305209/2013E NYSCEF BOC. NO. 96 RECEIVED NYSCEF: 01/21/2024 EXHIBIT J INDEX NO. 305209/2013E NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX sin sence wee susocenhawpieesiommmurersraawracemrnrore wmeamerscv Index No. LNYV Corporation, Plaintiff, COMPLAINT -against- Audis Diaz a/k/a Audis M. Diaz, Elvis Gabricl, Department of Housing Preservation and Development of the City of New York - Housing Litigation Division, LNV Corporation, Criminal Court of the City of New York. City of New York Department of Transportation Parking Violations Bureau, City of New York Environmental Control Board, City of New York Transit Adjudication Bureau, Karen Payne “JOHN DOE", "RICHARD ROB", "JANE DOE", “CORA COE", "DICK MOE" and "RUBY POR", the six defendants last named in quotation marks being intended to designate tenants or occupants in possession of the herein described premises or po ons thereof, if any there be, said names being fictitious, their true name being unknown to plaintiff, Defendant(s). navn eta ise mera i ee erininreht meme meni ntemmrermtnteee wir X The plaintiffby Stein, Wiener & Roth, L.L.P., its attorneys , complains of the defendants above-named and alleges: 1 That the plaintiff was at all times hereinafter mentioned, and now is, a corporation with an address for doing business at 1 Corporate Drive, Suite 360, Lake Zurich, IL 60047. 22 That on or about December 15, 2005, Audis Diaz a/k/a Audis M. Diaz (hereinafter “Borrower”) duly executed and delivered to Wall Street Mortgage Bankers, Ltd. d/b/a Power Express, a note whereby said Borrower became obligated to pay the sum of $374,250.00 Dollars with interest at the initial rate of 7.875% per cent per annum, and agreed to pay to the lender, its INDEX NO. 305209/2013E NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024 successors and assigns, the aforesaid sum and interest thereon as follows: by payment of principal and interest of $2,713.57 on February 01, 2006, and thereafter monthly payments as per the terms of the note on this same day of each subsequent month until the principal and interest were fully paid, except that the final payment of the entire indebtedness evidenced thereby, if not sooner paid, is due and payable on January 01, 2036. 3 As collateral security for the payment of said indebtedness, the mortgagors Audis Diaz a/k/a Audis M. Diaz on the same day duly executed, acknowledged and delivered to the said Mortgage Electronic Registration Systems, Inc., as nominee for Wall Street Mortgage Bankers, Ltd. d/b/a Power Express, a mortgage bearing date December 15, 2005, whereby they mortgaged to the said Mortgage Electronic Registration Systems, Inc., as nominee for Wall Street Mortgage Bankers, Lid. d/b/a Power Express, its successors and assigns, the real property known as 3512 Laconia Avenue, Bronx, NY 10469 and as more particularly described in the attached Schedule . «An, 4 Said mortgage was duly recorded in the Office of the Register of the County of BRONX on January 20, 2006, in CRFN # 2006000034458, that being the County wherein the said real property was then situated, and at the same time and place the mortgagee duly paid to said County Register Office the recording tax on said mortgage. 5 Said mortgage was duly assigned to plaintiff herein by assignment dated June 28, 2011, and recorded on September 26, 2011, in CRFN# 2011000340443. 6. The plaintiff is the holder of the said note and is the mortgagee of record. 7 The defendant Borrower has failed to comply with the terms and conditions of the said note and mortgage by failing and omitting to pay the installment due June 01, 2012, and the installments due on each subsequent installment due to date, in accordance with the terms of the mortgage. INDEX NO. 305209/2013E NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024 8 That more than one month has elapsed since each and every one of said defaults and the same still remains unpaid and no part thereof has been paid, and the plaintiff, pursuant to the provisions of the said note and mortgage has elected, and does elect that the entire unpaid balance of the principal sum thereby secured become immediately due and payable. 9. That there is now justly due and owing to the plaintiff on said note and mortgage, the principal sum of $348,976.15, with interest thereon at the rate stated in the note from May 01, 2012, together with necessary advances and expenditures. That because of the defendants default, the plaintiff has incurred legal fees to date and requests the court to allow such fees in excess to those mandated by statute as may reasonably be incurred herein. 10. That the plaintiff requests that, in the event this action proceeds to judgment of foreclosure and sale, the said premises be sold subject to any state of facts an accurate survey may show and to restrictive covenants, utility easements, agreements and reservations, if any, of record zoning restrictions and violations thereof, if any, and covenants, restrictions, easements and agreements of record, if any, and violations thereof, if any. Ht. Upon information and belief, during the pendency of this action, the plaintiff may be obliged to pay sums by way of assessments, taxes, insurance premiums and other charges accruing against said premises and the Plaintiff asks that any sums it may be required to pay and does pay for the purpose of protecting the lien of the mortgage herein sought to be foreclosed may be added to the indebtedness secured by and adjudged a valid lien on the premises herein described including legal fees and expenses. 12 No action or proceeding is pending at law or otherwise for the foreclosure of said morigage or recovery of said sums so secured by said note and mortgage or any part thereof, 13 Upon information and belief, all the individual defendants herein are of full age and sound mind and none is an absentee. 14. That plaintiff is informed and believes and therefore alleges that each of the above defendants has, or claims to have some interest or lien upon said mortgaged premises, or some INDEX NO. 305209/2013E NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024 part thereof, which interests or lien, if any, has accrued subsequent to and is subordinate to the lien of said mortgage. 15, Plaintiff is the holder of the subject note and is the mortgagee of record, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note. . 16. Plaintiff has complied with all of the applicable provisions of Banking Law § 595-a, and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m and RPAPL $1304 and §1306. 17. Department of Housing Preservation and Development of the City of New York-Housing Litigation Division is named a party defendant in this action as a possible holder of liens which are subordinate to that of the plaintiffin the amounts indicated on the attached sheet. 18 Criminal Court-City of New York is named a party defendant in this action as a possible holder of liens which are subordinate to that of the plaintiff in the amounts indicated on the attached sheet. 19, City of New York Department of Transportation Parking Violations Bureau is named a party defendant in this action as a possible holder of liens which are subordinate to that of the plaintiff in the amounts indicated on the attached sheet. 20. City of New York Environmental Control Board is named a party defendant in this action as a possible holder of liens which are subordinate to that of the plaintiff in the amounts indicated on the attached sheet. 21. City of New York Transit Adjudication Bureau is named a party defendant in this action as a possible holder of liens which are subordinate to that of the plaintiff in the amounts indicated on the attached sheet. INDEX NO. 305209/2013E NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 01/21/2024 WHEREFORE. the plaintiff demands judgment that the defendants, and all persons claiming under them, subsequent to the filing of a Notice of Pendency of this Action, in the office of the Register of the County of BRONX in which said mortgaged premises are situated, may be barred and foreclosed of all right, title and interest, claim, lien and equity of redemption in said mortgaged premises; that the monies arising from the sale may be brought into Court; that the plaintiff may be paid the amount due upon the said note and mortgage, with interest to the time of such payment, the expenses of the sale, and the costs, allowances, and disbursements of this action, and together with any monies advanced and paid pursuant to any terms or provisions of the note and mortgage set forth in this Complaint, or to protect the lien of plaintiff's mortgage, together with the taxes, water charges, insurance and all other charges and liens thereon to be . paid. with interest upon said amounts from the dates of the respective payments and advances thereof, so far as the amounts of such monies properly applicable thereto will pay the same: that this Court forthwith appoint a receiver of the rents and profits of said premises with the usual powers and duties; and that the plaintiff may have such other and further relief in the premises as shall be just and equitable. DATED: May 08, 2014 Carle Place, New York Pranali Datta, St Stein, Wiener & Roth, L.L.P. Attorneys for Plaintiff One Old Country Road, Suite 113 Carle Place, New York 11514 (516)-742-1212