On April 09, 2024 a
Party Notice
was filed
involving a dispute between
U.S. Bank National Association, As Trustee, On Behalf Of The Colt 2021-6 Mortgage Loan Trust, A New York Common Law Trust,
and
Huiping Dong,
Jade Sunshine Llc, A Limited Liability Company,
John Doe And Jane Doe Said Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed Herein,
New York City Environmental Control Board,
Tina Howe
A K A Tina Y. Howe,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024
STATE OF NEW YORK
SUPREME COURT COLINTY OF KINGS
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE,
ON BEFIALF OF THE COLT 2021.6 MORTGAGE LOAN
TRUST, A NEW YORK COMMON LAW TRUST,
NOTICE OF
PENDENCY
Plaintiff, OF ACTION
VS
.IADE SUNSHINE LLC, A LIMITED LIABILITY COMPANY;
TINA HOWE AIKIA TINA Y. HOWE; HUIPING DONG; NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD ''JOHN
DOE" AND "JANE DOE" said names being fictitious, it being the Index No
intention of Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending
in the SUPREME Court of KINGS County upon the Complaint of the above plaintiff against the
above narned def.endant(s) for the foreclosure of a mortgage bearing the date August 18,2021,
executed by TINA HOWE A/KIA TINAY. HOWE on behalf of JADE SUNSHINE LLC, A
LIMITED LIABILITY COMPANY, to secure the sum of $842,625.00 and recorded in CRFN:
2021000371756, in the Office of the City Register of the City of New York on September 20,
2021. Said Mortgage was then assigned to PLAINTIFF by virtue of an Assignment of Morlgage
recorded on March 11,2024 in the Office of the City Register of the City of New York in CRFN:
2024000061292.
AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such
mor-tgage(s) affected by the said loreclosure action, were, at the time of the commencement of
this action, and at tlie time of the filing of this Notice, situated in the County of KINGS and State
1 of 4
FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024
of New York, and are described in "Schedule A - Legal Description" attached hereto and made a
part hereof.
The Clerk of the County of KINGS, is directed to index this Notice against the names of
all the defendant(s).
DATED: March 2lzoz+ 1. c--
M K. Broy
FEIN, SU , LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (5 85)232-7 400
SPSCO69
Mortgaged Premises Information:
Property Address: 1018 38th Street, Brooklyn, NY 11219
Also known as: Block 5288 in Tax Lot 14 on the Tax Assessment map of the BOROUGH of
BROOKLYN NY 11219.
Mortgage Servicer Information:
Name: SELECT PORTFOLIO SERVICING, INC.
Contact Phone Number: I -800-258-8602
2 of 4
FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024
SCHEDULE IIAII LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of
Brooklyn, County of Kings, City and State of New York. knowr and designated on a cerlain map
entitled "Map of ll97 lots situated in the Town of Flatbush and New Utrecht, Kings County,
New York State, Belonging to Williarn Ziegler. surveyed April 1, 1889, N. Meserole City
Surveyot" and filed in the Office of the Register rnore particularly bounded and described as
follows:
BEGINNING at a point on the southerly side of 38th Street distant 140 feet easterly from the
corner formed by the intersection of the southerly side of3Sth Street with the easterly side of lOth
Avenue;
RUNNING THENCE southerly and parallel with 1Oth Avenue 95 feet 2 1/8 inches;
THENCE easterly and parallel with 38th Street 20 feet;
THENCE northerly 95 feet 2 1/8 inches to the southerly side of 38th Street;
AND THENCE westerly along the southerly side of 38th Street 20 feet to the point or place of
BEGINNING.
Premises: 1018 38th Street, Brooklyn. NY 11219
Tax Parcel ID No.: Block: 5288 Lot: l4
3 of 4
FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024
Mark K. Broyles. ESQ.. an attorney duly licensed to practice in the State of New York, and a partner in
the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents
NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN
FILED
SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT
AFFIDAVITS OF SERVICE
X NOT]CE OF PENDENCY OF ACTION
SUMMONS
COMPLAINT
AMENDED NOTICE OF PENDENCY OF ACTION
SUPPLEMENTAL SUMMONS
AMENDED COMPLAINT
ANSWER
AFFIDAVIT IN OPPOS]TION TO SUMMARY JUDGMENT
REFEREE'S OATH & REPORT OF AMOUNT DUE
REFEREE'S REPORT OF SALE
STIPULATION TO CANCEL LIS PENDENS
AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
MEMORANDUM & TERMS OF SALE
ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE &
SALE
ATTORNEY AFFIDAV]T IN SUPPORT OF JUDGMENT OF FORECLOSURE &
SALE
ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF
FORECLOSURE
AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
AFFIDAVIT ]N SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY
.II]DGMENT
FOREBEARANC E AGREEM ENT
ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY
PUBLICATION
ATTORNEY AFFIRMATION OF RECULARITY
that to his knowledge, infonnation and belief, fbrrned after an inquiry reasonable under the circurnstances,
the presentation of the paper or contentions therein are rrot frivolous as defined in subsection (c) of
section 130-1.1 of the Rules ofthe Chief Administrator [22NYCRR 130-1.1(c)].
March 9o 2024
) L
Dated M K. Broyles,
4 of 4
Preview
FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 STATE OF NEW YORK SUPREME COURT COLINTY OF KINGS U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEFIALF OF THE COLT 2021.6 MORTGAGE LOAN TRUST, A NEW YORK COMMON LAW TRUST, NOTICE OF PENDENCY Plaintiff, OF ACTION VS .IADE SUNSHINE LLC, A LIMITED LIABILITY COMPANY; TINA HOWE AIKIA TINA Y. HOWE; HUIPING DONG; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD ''JOHN DOE" AND "JANE DOE" said names being fictitious, it being the Index No intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending in the SUPREME Court of KINGS County upon the Complaint of the above plaintiff against the above narned def.endant(s) for the foreclosure of a mortgage bearing the date August 18,2021, executed by TINA HOWE A/KIA TINAY. HOWE on behalf of JADE SUNSHINE LLC, A LIMITED LIABILITY COMPANY, to secure the sum of $842,625.00 and recorded in CRFN: 2021000371756, in the Office of the City Register of the City of New York on September 20, 2021. Said Mortgage was then assigned to PLAINTIFF by virtue of an Assignment of Morlgage recorded on March 11,2024 in the Office of the City Register of the City of New York in CRFN: 2024000061292. AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such mor-tgage(s) affected by the said loreclosure action, were, at the time of the commencement of this action, and at tlie time of the filing of this Notice, situated in the County of KINGS and State 1 of 4 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 of New York, and are described in "Schedule A - Legal Description" attached hereto and made a part hereof. The Clerk of the County of KINGS, is directed to index this Notice against the names of all the defendant(s). DATED: March 2lzoz+ 1. c-- M K. Broy FEIN, SU , LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (5 85)232-7 400 SPSCO69 Mortgaged Premises Information: Property Address: 1018 38th Street, Brooklyn, NY 11219 Also known as: Block 5288 in Tax Lot 14 on the Tax Assessment map of the BOROUGH of BROOKLYN NY 11219. Mortgage Servicer Information: Name: SELECT PORTFOLIO SERVICING, INC. Contact Phone Number: I -800-258-8602 2 of 4 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 SCHEDULE IIAII LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Brooklyn, County of Kings, City and State of New York. knowr and designated on a cerlain map entitled "Map of ll97 lots situated in the Town of Flatbush and New Utrecht, Kings County, New York State, Belonging to Williarn Ziegler. surveyed April 1, 1889, N. Meserole City Surveyot" and filed in the Office of the Register rnore particularly bounded and described as follows: BEGINNING at a point on the southerly side of 38th Street distant 140 feet easterly from the corner formed by the intersection of the southerly side of3Sth Street with the easterly side of lOth Avenue; RUNNING THENCE southerly and parallel with 1Oth Avenue 95 feet 2 1/8 inches; THENCE easterly and parallel with 38th Street 20 feet; THENCE northerly 95 feet 2 1/8 inches to the southerly side of 38th Street; AND THENCE westerly along the southerly side of 38th Street 20 feet to the point or place of BEGINNING. Premises: 1018 38th Street, Brooklyn. NY 11219 Tax Parcel ID No.: Block: 5288 Lot: l4 3 of 4 FILED: KINGS COUNTY CLERK 04/09/2024 03:19 PM INDEX NO. 510153/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 Mark K. Broyles. ESQ.. an attorney duly licensed to practice in the State of New York, and a partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY) AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT AFFIDAVITS OF SERVICE X NOT]CE OF PENDENCY OF ACTION SUMMONS COMPLAINT AMENDED NOTICE OF PENDENCY OF ACTION SUPPLEMENTAL SUMMONS AMENDED COMPLAINT ANSWER AFFIDAVIT IN OPPOS]TION TO SUMMARY JUDGMENT REFEREE'S OATH & REPORT OF AMOUNT DUE REFEREE'S REPORT OF SALE STIPULATION TO CANCEL LIS PENDENS AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS MEMORANDUM & TERMS OF SALE ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ATTORNEY AFFIDAV]T IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS AFFIDAVIT ]N SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY .II]DGMENT FOREBEARANC E AGREEM ENT ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY PUBLICATION ATTORNEY AFFIRMATION OF RECULARITY that to his knowledge, infonnation and belief, fbrrned after an inquiry reasonable under the circurnstances, the presentation of the paper or contentions therein are rrot frivolous as defined in subsection (c) of section 130-1.1 of the Rules ofthe Chief Administrator [22NYCRR 130-1.1(c)]. March 9o 2024 ) L Dated M K. Broyles, 4 of 4