On February 28, 2024 a
Order to Show Cause
was filed
involving a dispute between
Corevest American Finance Lender Llc,
and
Cafl 2022-Rtl1 Issuer, Llc,
for Real Property - Other (Vacate Discharge of Mortg)
in the District Court of Orange County.
Preview
INDEX NO. EF001661-2024
FILED: ORANGE COUNTY CLERK 02729/2024 04:50 PM
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/29/2024
At a Special Term of the Supreme
Court of the State of New York, held
‘a
at the ORANGE County Courthouse
located at 285 M: tre: et, Goshen,
NY10924 on the lay of February
2024.
PRESENT: Hon.: Elena Goldberg-Velazquez, J.S.C.
JSC
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
ween nen en enn e nnn en nnn en nnn enen en nnenenenen nen en nena nnnne mene:
COREVEST AMERICAN FINANCE
LENDER LLC,
INDEX No.: EF001661-2024
Plaintiff,
Against ORDER TO SHOW CAUSE
CAFL 2022-RTL1 ISSUER, LLC,
Motion Seq. No. 1
Defendant.
***PERSONAL APPEARANCES NOT REQUIRED***
ne
UPON READING and FILING the affirmation of Kal Qubain, Esq., affirmed the
26" day of February 2024, the affidavit of Michael Minck of CAFL 2022-RTL1 ISSUER,
LLC, sworn to on the 26 day of February, 2024, and upon the exhibits and upon the prior
proceedings heretofore had herein,
LET Defendant, CAFL 2022-RTL1 ISSUER, LLC (hereinafter “CAFL”), show cause
before this Court, on submission only, at the Orange Courthouse located at 285 Main Street,
Goshen, NY10924,in Room _4 _ , orvirtually asthe-Court-may-order, on the 14th day of March,
2024, at 12:00 pm, or as soon thereafter as counsel may be heard, why an Order should not be made
and entered granting the following relief:
Filed in Orange County 02/29/2024 04:50:01 PM $0.00 Bk: S156f 2 Pg: 1465 Index: # EF001661-2024 Clerk: SW
INDEX NO. EF001661-2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/29/2024
@ Declaring that certain Full Discharge of Mortgage recorded with the Orange
County Clerk’s Office (Book 15475, Page 521) on October 3, 2023, by CAFL
(the “Erroneous Full Discharge of Mortgage”) null and void ab initio;
(ui) Entering an order in a form appropriate for filing with the Orange County
Clerk’s Office to effectuate vacating the Erroneous Full Discharge of
Mortgage (Book 15475, Page 521);
(iii) Directing the Orange County Clerk’s Office to vacate from its records the Full
Discharge of Mortgage recorded with the Orange County Clerk’s Office (Book
15475, Page 521) on October 3, 2023; and
iv) Ordering any other, further or different relief as this Court may deem just and
proper.
ORDERED THAT SUFFICIENT CAUSE APPEARING THEREFOR, let service of
a copy of this Order and the papers upon which it is based upon Defendant by express mail with
tracking on or before the gth_ _ day of March, 2024, be deemed good and sufficient service
hereof.
AND IT IS FURTHER ORDERED that answering papers, if any, shall be filed and
served no later than two days before the return date herein by efile and email to
KQubain@gleasonkoatz.com.
ENTER:
Lime
Pligg Vbog—
Hon. Elena Goldberg- Velazquez
J.S.C
February 29, 2024
2 of 2
Preview
INDEX NO. EF001661-2024 FILED: ORANGE COUNTY CLERK 02729/2024 04:50 PM NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/29/2024 At a Special Term of the Supreme Court of the State of New York, held ‘a at the ORANGE County Courthouse located at 285 M: tre: et, Goshen, NY10924 on the lay of February 2024. PRESENT: Hon.: Elena Goldberg-Velazquez, J.S.C. JSC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ween nen en enn e nnn en nnn en nnn enen en nnenenenen nen en nena nnnne mene: COREVEST AMERICAN FINANCE LENDER LLC, INDEX No.: EF001661-2024 Plaintiff, Against ORDER TO SHOW CAUSE CAFL 2022-RTL1 ISSUER, LLC, Motion Seq. No. 1 Defendant. ***PERSONAL APPEARANCES NOT REQUIRED*** ne UPON READING and FILING the affirmation of Kal Qubain, Esq., affirmed the 26" day of February 2024, the affidavit of Michael Minck of CAFL 2022-RTL1 ISSUER, LLC, sworn to on the 26 day of February, 2024, and upon the exhibits and upon the prior proceedings heretofore had herein, LET Defendant, CAFL 2022-RTL1 ISSUER, LLC (hereinafter “CAFL”), show cause before this Court, on submission only, at the Orange Courthouse located at 285 Main Street, Goshen, NY10924,in Room _4 _ , orvirtually asthe-Court-may-order, on the 14th day of March, 2024, at 12:00 pm, or as soon thereafter as counsel may be heard, why an Order should not be made and entered granting the following relief: Filed in Orange County 02/29/2024 04:50:01 PM $0.00 Bk: S156f 2 Pg: 1465 Index: # EF001661-2024 Clerk: SW INDEX NO. EF001661-2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/29/2024 @ Declaring that certain Full Discharge of Mortgage recorded with the Orange County Clerk’s Office (Book 15475, Page 521) on October 3, 2023, by CAFL (the “Erroneous Full Discharge of Mortgage”) null and void ab initio; (ui) Entering an order in a form appropriate for filing with the Orange County Clerk’s Office to effectuate vacating the Erroneous Full Discharge of Mortgage (Book 15475, Page 521); (iii) Directing the Orange County Clerk’s Office to vacate from its records the Full Discharge of Mortgage recorded with the Orange County Clerk’s Office (Book 15475, Page 521) on October 3, 2023; and iv) Ordering any other, further or different relief as this Court may deem just and proper. ORDERED THAT SUFFICIENT CAUSE APPEARING THEREFOR, let service of a copy of this Order and the papers upon which it is based upon Defendant by express mail with tracking on or before the gth_ _ day of March, 2024, be deemed good and sufficient service hereof. AND IT IS FURTHER ORDERED that answering papers, if any, shall be filed and served no later than two days before the return date herein by efile and email to KQubain@gleasonkoatz.com. ENTER: Lime Pligg Vbog— Hon. Elena Goldberg- Velazquez J.S.C February 29, 2024 2 of 2