Preview
91't 320 2e44 r .m
FILED:
JUL-12-2018KINGS 16 COUNTY
: 29 CLERK
FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------X Index No. 15-508445
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS INDENTURE TRUSTEE
ON BEHALF OF THE NOTE HOLDERS AND THE
NOTE INSURER OF ABAS MORTGAGE LOAN
TRUST 2000-4, AFFIRMATIOl¶
In Support Of
Plaintiff, ORDER TO SHOW CAUSE
- against -
THERESA BRODWITH, INDIVIDUALLY AND
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH, et al.,
Defendants.
---------------------------------------------------------------X
State of New York ss.)
County of New York )
THERESA BRODWITH, being duly sworn, does hereby depose under penalty
of perjury, and say:
1. I am the Defendant THERESA BRODWITH here in and I make this
affidavit, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE
ESTATE OF LEROY BRODWITH. I am fully familiar with all the facts and
circumstances hereinbefore had.
2. I make this Order to Show Cause in support of the Estate and myself for
an order:
(a} Ordering that no reference be held herein until discovery has been held of
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Plaintiff;
(b) Directing that depositions of Plaintiff be held to determine:
(1) Why Plaintiff wrongfully forbore for 15 years to foreclose on this
mortgage:
(2) Why Plaintiff wrongfully, secretly and criminally rented out the real
property of THE ESTATE OF LEROY BRODWITH, to third persons;
(3) The disposition Estate made by Plaintiff of such criminally converted
funds;
(4) The identities of the individuals who carried out the criminal
conversion;
(c) Ordering that Plaintiff be required to produce their books and records
with regard to mortgage - in Plaintiff's communications with third parties
this particular,
re Plaintiff's admitted criminal conversion rents and monies due the Estate,
(d) Referring to the Kings County District attorney the matter of Plaintiff's
wrongfully, secretly and criminally renting out the real property of the THE ESTATE
OF LEROY BRODWITH to third persons;
(e) Ordering a referral to the New York State Department of Financial Services
as well as to the Kings District Attorney the affidavit of Vanessa
County
Giorgiani, swore to October 10, 2017, on account of the perjurious statements
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FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
therein and the improper insurance practices ascribed therein to Plaintiff.
A SIMPLE STORY
3. Leroy Brodwith (LeRoy) lived at the premises in question at 561 New
"Premises"
Jersey Avenue, in Brooklyn (the "Premises").
4. to Plaintiff, on or aboutNovember 9, 2000, LeRoy Brodwith
According
took out a montage loan in the amount of $105,000. (See Affidavit of Indebtedness -·
Exhibit 1.)
5. Mr. Brodwith on November 2003. (See Exhibit 2 -
died, however, 8,
Death Certificate).
6. The M.ortgage Company, is shamefully, telling this Court it did not know
Mr Brodwith had died is plain lying! He obviously did not mail in any more checks
to pay the mortgage.
7. BUT THE MORTGAGE COMPANY CONTINUED TO GET PAID!
It has been alleged - and the Mortgage does not - that for several years
company deny
after Mr., Brodwith died, the mortgage company secretly rented out the Estate's
property and kept the proceeds!
8. It is respectfully submitted that depositions are necessary to identify
Plaintiff's wrongful acts and motives for waiting 15 years to commence foreclosure
of this action and provide an accounting of the stolen monies.
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
Deposition and Documents
9. In view of the fact that the parties wronged by the Plaintiff are minorities,
a class of borrowers whom Banks have traditionally discriminated, it is respectfully
submitted that this Honorable Court should not deny us a fair to investigate
opportunity
the obviously suspicious conduct the mortgage company engaged in here. Some of
the mortgage company's conduct seems to be part of a pattern. But ifthey had done
nothing wrong, they would not fear depositions.
LEROY'S DEATH - NOVEMBER 2003
8,
10. Following LeRoy's death, there were extensive proceedings in the
Surrogate's Court, I was appointed Executrix. (Exhibit 3)
11. My name and the name and address of my lawyer are all over the
Surrogates'
Court proceeding commencing almost immediately after his death. Any
lawyer who tries to tell this Court that his client was unaware of me being the
Administratrix or where to contact me is not telling the truth.
12. The second heir to the Brodwith Estate was Lynda Wooten, who sold
her share to Beniah Anokam who sold his share to the the Estate of Leroy Brodwith,
and secured the purchase price with a Purchase Money Mortgage (See Exhibit 4
attached)
13. The mortgage of Block 3807, Lot 10, Borough of Brooklyn , NY
known as 561 New Jersey Street, Brooklyn was duly recorded on 5-21-2009!
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
14. Thus, as of May 21, 2009, the entire world had notice that the Estate of
Leroy Brodwith had a mortgage lien on the Premises.
15. It is also respectfully submitted that because mortgage was in the name
of the Estate of Browith, all persons and entities had actual notice that
Leroy Leroy
Brodwith was dead.
DEAD MEN MAKE NO MORTGAGE PAYMENTS
16. Per his death certificate, LeRoy died, however, on November 8, 2003.
After that, LeRoy paid no mortgage payments.
17. But according to Par. 8 of Plaintiff's Affidavit of indebtedness (Exhibit
'
1 here), Plaintiff didn't bother anything until lain wrote to on
doing Leroy
September 2008 mortgage payments - which were not from
3, demanding forthcoming
Mr. Brodwith - since he had been dead for years!
many
18. The Mortgage company then did
nothing
for five (5) years, except collect
rents and let interest accrue.
19. It is respectfully submitted that Plaintiff has created the appearance of
some secret or unspoken policy
of letting the interest just run and run on a property
when the owner dies.
OR DO THEY?
20. This Honorable Court's attention is urgently directed toward Plaintiff's
-S-
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Affidavit of Indebtedness (Exhibit 1 here). Par 3 states:
7. The Borrower has breached said obligation an defaulted
on the Note. The Borrower failed to make the payment pursuant
to the terms of The Note and Mortgage commencing with the July
20, 2008 payment, which default remains uncured.
This Affidavit is a manifest hoax on this Court.
21. Itis respectfully submitted that this affidavit ofVanessa Giorgiani, sworn
to October 10, 2017, be referred to the New York State Department of Financial
Services as well as to the Kings County District Attorney on account of the perjurious
statements there and the improper insurance practices ascribed therein to Plaintiff.
Query: The man was dead as ofNovember 8, 2003! How could he go into fault
commencing with the July 2008 payment? Somebody is lying to the Court.
22. If Plaintiff was getting paid by someone else, Plaintiff is obligated to tell
this Court who paid and how much was paid, so a fair an honest balance due can be
obtained.
23. We need to know ifthe New York State Department ofFinancial Services
permits Plaintiff to ensconce unknown parties to live in premises of deceased
mortgagor, so long as they pay the mortgage. Can mortgagees secretly rent out the
mortgaged premises after the mortgagor dies?
24. We need to know if Plaintiff got secret payoffs to permit unauthorized
persons to live in premises of deceased mortgagor.
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
25. Plaintiff's Affidavit of Indebtedness says the Plaintiff let someone
live in Decedent's premises for five (5) years. Doesn't the rental value of Plaintiff's
tenants accrue to the Defendant Estate of LeRoy Brodwith?
26. The Estate is entitled to all rents and revenues of Plaintiff relative to
Plaintiff such tenancies and other use and occupancy.
maintaining
27. After depositions are held of the Plaintiff, this matter should be set down
for an inquest for the purpose of determining the amount Plaintiff owes the of the
Estate of Leroy Brodwith in connection with its renting of the premises to tenants and
other misconduct. See (Exhibit 7 - Deposition Notices)
BORROWERS DEATH 11/2003- - THIS FORECLOSURE 12-2017
28. Plaintiff let 14 years elapse since LeRoy's death and made money on the
dead man in four ways.
29. First, Plaintiff is unconscionably seeking $223,000 for a $99,426.
outstanding balance. From a dead minority man, yet!
30. Second, Plaintiff, by trick and deception, ran up the interest balance to
$123,000 - for 14 years - notto know the Borrower was dead. Plaintiff
by pretending
intentionally sent notices to the wrong addresses.
31. Third, Plaintiffmade money of letting out the premises to unknown third
parties, for five (5) years!
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FD IC NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
32. Fourth, by bringing an expensive legal action seeking all the expenses
possible, when this was never necessary.
CONCLUSION
33. It is likely that the unfair and illegal conduct described about is par for
Plaintiff's course, especially in the minority community.
34. depositions must be held to find out - what took so long?
Therefore,
35. Why did Plaintiff let the premises to unknown third parties for five years?
36. How much revenue did Plaintiff receive on the Premises during the five
years from Plaintiff's death until 07/0/8 - the date Plaintiff first declared the
(5) long
dead borrower in default?
37. Are these standard practices for Plaintiff?
38. It is respectfully submitted that the misconduct Plaintiff admits to here
needs to be brought to the attention of the Department of Finances - we cannot just
ignore it. It is worse than the fiduciary scandal.
39. Is the conduct of the Mortgage Company in this case typical of this
company's practices toward black and other minority people
40. The Giorgiani affidavit is obviously false. Big mortgage companies
should not be permitted to lie their way to ill-gotten windfalls.
41. Per Plaintiff's exhibits, some two years ago, the alleged holder of the
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
mortgage, the Plaintiff commenced a foreclosure action in which we interposed
numerous defenses, which can be seen as attached hereto in Exhibits 5 and 6.
WHY DIDN'T THEY FORECLOSE?
42. It could not be clearer that it is the policy of the holder of this mortgage,
after people die, perhaps just people in the minority community, not to foreclose the
mortgage but to accelerate itand to collect as much interest as possible from the heirs,
at the default rates, who may not even be aware of the mortgage.
43. I was never served any notices whatsoever by the Mortgage Company, not
in my individual capacity, nor in capacity on behalf of the Estate of
any LeRoy
Brodwith.
THESE ARE THE QUESTIONS:
- did the Mortgage pretend not to know of Mr. Brodwith's
Why Company
death?
-Who at the mortgage company directed the company to secretly rent out the
decedent's property to third properties?
- won't the mortgage account for what did with the stolen
Why company they
rents?
- didn't the mortgage me or the Estate
Why company every contact directly via
of LeReoy Brodwith, care of my lawyer?
- the Mortgage refuse to foreclose all these years - default
Why did company to
rate interest?
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FILED: — KINGS
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FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
- Who instructed Vanessa to her October account
Giorgiani, falsify 10, 2017,
of the mortgage?
- How much does the Mortgage owe the Estate of Brodwith
Company LeRoy
Estate'
on account the rents it stole from the Estate?
- Is the the Mortgage limited to or more
foregoing wrongdoing by Company
directed toward the minority community?
CONCLUSION
There"
44. Something very wrong itgoing on here. There's no good reason why the
Mortgage Company is seeking to get some $233,0000 from a black man who died 15
years ago owing just $99,000.
45. We respectfully beseech this Honorable Court to require the Mortgage
Company to come clean before getting a penny.
WHEREFORE, for all the foregoing reasons, Theresa Brodwith and the
Estate of Leroy Brodwith respectful ask this Honorable Court to make and enter an
order:
(a) Ordering that no reference be held herein until discovery has been held of
Plaintiff;
(b) Directing that depositions of Plaintiff be held to determine:
(1) Why Plaintiff wrongfully forbore for 15 years to foreclose on this
mortgage:
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NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018
(2) Why Plaintiff wrongfully , secretly and criminally rented out the real
property of THE ESTATE OF LEROY BRODWITH. to third persons;
(3) The disposition Estate made by Plaintiff of such criminally converted
funds;
(4) The identities of the individuals who carried out the criminal
conversion;
© Ordering that Plaintiff be required to produce their books and records with
regard to this mortgage - in Plaintiff's communications with third parties re
particular,
Plaintiff's admitted criminal conversion rents and monies due the Estate,
(d) Referring to the Kings County District the matter of Plaintiff's
attorney
wrongfully , secretly and criminally renting out the real property ofthe THE ESTATE
OF LEROY BRODWITH. to third persons;
(e) Ordering a referral to the New York State Department of Financial Services
as well as to the Kings County District Attorney the affidavit of Vanessa
Giorgiani, swore to October 10, 2017, on account of the perjurious statements
therein and the improper insurance practices ascribed therein to Plaintiff; and
Defendant Theresa Brodwith, Individually and as
granting
and grant the Estate such other, further and different relief as to this Honorable Court
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may seem just and proper.
Dated: New York, New York
July 12, 2018
Theresa M. Brodwith
Sworn to before me
this 12 day of 2018
aAsoNg asAuo
J~l
~ly NotaryPublic,Stateof New York
No. 01PE6190889
Qualifiedin NewYork County
Commission ExpiresAugust 4. 20 7.0
Public
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91't 320 2e44 r .m FILED: JUL-12-2018KINGS 16 COUNTY : 29 CLERK FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------X Index No. 15-508445 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ON BEHALF OF THE NOTE HOLDERS AND THE NOTE INSURER OF ABAS MORTGAGE LOAN TRUST 2000-4, AFFIRMATIOl¶ In Support Of Plaintiff, ORDER TO SHOW CAUSE - against - THERESA BRODWITH, INDIVIDUALLY AND ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH, et al., Defendants. ---------------------------------------------------------------X State of New York ss.) County of New York ) THERESA BRODWITH, being duly sworn, does hereby depose under penalty of perjury, and say: 1. I am the Defendant THERESA BRODWITH here in and I make this affidavit, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH. I am fully familiar with all the facts and circumstances hereinbefore had. 2. I make this Order to Show Cause in support of the Estate and myself for an order: (a} Ordering that no reference be held herein until discovery has been held of 1 of 12 917 20 2ts44 INDEX NO. r. ec 508445/2015 FILED: JUL-12-2018KINGS 16:29COUNTY CLERK FDIC NYRO07/12/2018 05:02 PM NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 Plaintiff; (b) Directing that depositions of Plaintiff be held to determine: (1) Why Plaintiff wrongfully forbore for 15 years to foreclose on this mortgage: (2) Why Plaintiff wrongfully, secretly and criminally rented out the real property of THE ESTATE OF LEROY BRODWITH, to third persons; (3) The disposition Estate made by Plaintiff of such criminally converted funds; (4) The identities of the individuals who carried out the criminal conversion; (c) Ordering that Plaintiff be required to produce their books and records with regard to mortgage - in Plaintiff's communications with third parties this particular, re Plaintiff's admitted criminal conversion rents and monies due the Estate, (d) Referring to the Kings County District attorney the matter of Plaintiff's wrongfully, secretly and criminally renting out the real property of the THE ESTATE OF LEROY BRODWITH to third persons; (e) Ordering a referral to the New York State Department of Financial Services as well as to the Kings District Attorney the affidavit of Vanessa County Giorgiani, swore to October 10, 2017, on account of the perjurious statements -2- 2 of 12 917 3253 2644 r . to FILED: JUL-12-2018KINGS 16: COUNTY 29 CLERK FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 therein and the improper insurance practices ascribed therein to Plaintiff. A SIMPLE STORY 3. Leroy Brodwith (LeRoy) lived at the premises in question at 561 New "Premises" Jersey Avenue, in Brooklyn (the "Premises"). 4. to Plaintiff, on or aboutNovember 9, 2000, LeRoy Brodwith According took out a montage loan in the amount of $105,000. (See Affidavit of Indebtedness -· Exhibit 1.) 5. Mr. Brodwith on November 2003. (See Exhibit 2 - died, however, 8, Death Certificate). 6. The M.ortgage Company, is shamefully, telling this Court it did not know Mr Brodwith had died is plain lying! He obviously did not mail in any more checks to pay the mortgage. 7. BUT THE MORTGAGE COMPANY CONTINUED TO GET PAID! It has been alleged - and the Mortgage does not - that for several years company deny after Mr., Brodwith died, the mortgage company secretly rented out the Estate's property and kept the proceeds! 8. It is respectfully submitted that depositions are necessary to identify Plaintiff's wrongful acts and motives for waiting 15 years to commence foreclosure of this action and provide an accounting of the stolen monies. -3- 3 of 12 91Y 526 2644 r.m FILED: JUL-12-2018KINGS 16: COUNTY 29 CLERK FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 Deposition and Documents 9. In view of the fact that the parties wronged by the Plaintiff are minorities, a class of borrowers whom Banks have traditionally discriminated, it is respectfully submitted that this Honorable Court should not deny us a fair to investigate opportunity the obviously suspicious conduct the mortgage company engaged in here. Some of the mortgage company's conduct seems to be part of a pattern. But ifthey had done nothing wrong, they would not fear depositions. LEROY'S DEATH - NOVEMBER 2003 8, 10. Following LeRoy's death, there were extensive proceedings in the Surrogate's Court, I was appointed Executrix. (Exhibit 3) 11. My name and the name and address of my lawyer are all over the Surrogates' Court proceeding commencing almost immediately after his death. Any lawyer who tries to tell this Court that his client was unaware of me being the Administratrix or where to contact me is not telling the truth. 12. The second heir to the Brodwith Estate was Lynda Wooten, who sold her share to Beniah Anokam who sold his share to the the Estate of Leroy Brodwith, and secured the purchase price with a Purchase Money Mortgage (See Exhibit 4 attached) 13. The mortgage of Block 3807, Lot 10, Borough of Brooklyn , NY known as 561 New Jersey Street, Brooklyn was duly recorded on 5-21-2009! 4 of 12 917 326 2644 r.ca FILED: JUL-12-2018KINGS 16: COUNTY 30 CLERK FD IC NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 14. Thus, as of May 21, 2009, the entire world had notice that the Estate of Leroy Brodwith had a mortgage lien on the Premises. 15. It is also respectfully submitted that because mortgage was in the name of the Estate of Browith, all persons and entities had actual notice that Leroy Leroy Brodwith was dead. DEAD MEN MAKE NO MORTGAGE PAYMENTS 16. Per his death certificate, LeRoy died, however, on November 8, 2003. After that, LeRoy paid no mortgage payments. 17. But according to Par. 8 of Plaintiff's Affidavit of indebtedness (Exhibit ' 1 here), Plaintiff didn't bother anything until lain wrote to on doing Leroy September 2008 mortgage payments - which were not from 3, demanding forthcoming Mr. Brodwith - since he had been dead for years! many 18. The Mortgage company then did nothing for five (5) years, except collect rents and let interest accrue. 19. It is respectfully submitted that Plaintiff has created the appearance of some secret or unspoken policy of letting the interest just run and run on a property when the owner dies. OR DO THEY? 20. This Honorable Court's attention is urgently directed toward Plaintiff's -S- -5- 5 of 12 917 32e 2tsoe r . oo FILED: JUL-12-2018KINGS 16: COUNTY 30 CLERK FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 Affidavit of Indebtedness (Exhibit 1 here). Par 3 states: 7. The Borrower has breached said obligation an defaulted on the Note. The Borrower failed to make the payment pursuant to the terms of The Note and Mortgage commencing with the July 20, 2008 payment, which default remains uncured. This Affidavit is a manifest hoax on this Court. 21. Itis respectfully submitted that this affidavit ofVanessa Giorgiani, sworn to October 10, 2017, be referred to the New York State Department of Financial Services as well as to the Kings County District Attorney on account of the perjurious statements there and the improper insurance practices ascribed therein to Plaintiff. Query: The man was dead as ofNovember 8, 2003! How could he go into fault commencing with the July 2008 payment? Somebody is lying to the Court. 22. If Plaintiff was getting paid by someone else, Plaintiff is obligated to tell this Court who paid and how much was paid, so a fair an honest balance due can be obtained. 23. We need to know ifthe New York State Department ofFinancial Services permits Plaintiff to ensconce unknown parties to live in premises of deceased mortgagor, so long as they pay the mortgage. Can mortgagees secretly rent out the mortgaged premises after the mortgagor dies? 24. We need to know if Plaintiff got secret payoffs to permit unauthorized persons to live in premises of deceased mortgagor. -6- 6 of 12 91' 2ts44 r.m t S2e FILED: JUL-12-2018KINGS 16:30COUNTY CLERK FDIC NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 25. Plaintiff's Affidavit of Indebtedness says the Plaintiff let someone live in Decedent's premises for five (5) years. Doesn't the rental value of Plaintiff's tenants accrue to the Defendant Estate of LeRoy Brodwith? 26. The Estate is entitled to all rents and revenues of Plaintiff relative to Plaintiff such tenancies and other use and occupancy. maintaining 27. After depositions are held of the Plaintiff, this matter should be set down for an inquest for the purpose of determining the amount Plaintiff owes the of the Estate of Leroy Brodwith in connection with its renting of the premises to tenants and other misconduct. See (Exhibit 7 - Deposition Notices) BORROWERS DEATH 11/2003- - THIS FORECLOSURE 12-2017 28. Plaintiff let 14 years elapse since LeRoy's death and made money on the dead man in four ways. 29. First, Plaintiff is unconscionably seeking $223,000 for a $99,426. outstanding balance. From a dead minority man, yet! 30. Second, Plaintiff, by trick and deception, ran up the interest balance to $123,000 - for 14 years - notto know the Borrower was dead. Plaintiff by pretending intentionally sent notices to the wrong addresses. 31. Third, Plaintiffmade money of letting out the premises to unknown third parties, for five (5) years! -7- 7 of 12 S17 326 2594 r . co FILED: JUL-12-2018KINGS 16: COUNTY 31 CLERK FD IC NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 32. Fourth, by bringing an expensive legal action seeking all the expenses possible, when this was never necessary. CONCLUSION 33. It is likely that the unfair and illegal conduct described about is par for Plaintiff's course, especially in the minority community. 34. depositions must be held to find out - what took so long? Therefore, 35. Why did Plaintiff let the premises to unknown third parties for five years? 36. How much revenue did Plaintiff receive on the Premises during the five years from Plaintiff's death until 07/0/8 - the date Plaintiff first declared the (5) long dead borrower in default? 37. Are these standard practices for Plaintiff? 38. It is respectfully submitted that the misconduct Plaintiff admits to here needs to be brought to the attention of the Department of Finances - we cannot just ignore it. It is worse than the fiduciary scandal. 39. Is the conduct of the Mortgage Company in this case typical of this company's practices toward black and other minority people 40. The Giorgiani affidavit is obviously false. Big mortgage companies should not be permitted to lie their way to ill-gotten windfalls. 41. Per Plaintiff's exhibits, some two years ago, the alleged holder of the -8- 8 of 12 917 ddt 2ts44 r .t FILED: JUL-12-2018KINGS 16: COUNTY 31 CLERK FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 mortgage, the Plaintiff commenced a foreclosure action in which we interposed numerous defenses, which can be seen as attached hereto in Exhibits 5 and 6. WHY DIDN'T THEY FORECLOSE? 42. It could not be clearer that it is the policy of the holder of this mortgage, after people die, perhaps just people in the minority community, not to foreclose the mortgage but to accelerate itand to collect as much interest as possible from the heirs, at the default rates, who may not even be aware of the mortgage. 43. I was never served any notices whatsoever by the Mortgage Company, not in my individual capacity, nor in capacity on behalf of the Estate of any LeRoy Brodwith. THESE ARE THE QUESTIONS: - did the Mortgage pretend not to know of Mr. Brodwith's Why Company death? -Who at the mortgage company directed the company to secretly rent out the decedent's property to third properties? - won't the mortgage account for what did with the stolen Why company they rents? - didn't the mortgage me or the Estate Why company every contact directly via of LeReoy Brodwith, care of my lawyer? - the Mortgage refuse to foreclose all these years - default Why did company to rate interest? -9- 9 of 12 'd17 321o 2u44 r . u FILED: — KINGS JUL-12-2018 16: COUNTY 31 CLERK FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 - Who instructed Vanessa to her October account Giorgiani, falsify 10, 2017, of the mortgage? - How much does the Mortgage owe the Estate of Brodwith Company LeRoy Estate' on account the rents it stole from the Estate? - Is the the Mortgage limited to or more foregoing wrongdoing by Company directed toward the minority community? CONCLUSION There" 44. Something very wrong itgoing on here. There's no good reason why the Mortgage Company is seeking to get some $233,0000 from a black man who died 15 years ago owing just $99,000. 45. We respectfully beseech this Honorable Court to require the Mortgage Company to come clean before getting a penny. WHEREFORE, for all the foregoing reasons, Theresa Brodwith and the Estate of Leroy Brodwith respectful ask this Honorable Court to make and enter an order: (a) Ordering that no reference be held herein until discovery has been held of Plaintiff; (b) Directing that depositions of Plaintiff be held to determine: (1) Why Plaintiff wrongfully forbore for 15 years to foreclose on this mortgage: -10- 10 of 12 917 S20 2644 r. 11 FILED: JUL-12-2018KINGS 16: COUNTY 31 CLERK FD I C NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 (2) Why Plaintiff wrongfully , secretly and criminally rented out the real property of THE ESTATE OF LEROY BRODWITH. to third persons; (3) The disposition Estate made by Plaintiff of such criminally converted funds; (4) The identities of the individuals who carried out the criminal conversion; © Ordering that Plaintiff be required to produce their books and records with regard to this mortgage - in Plaintiff's communications with third parties re particular, Plaintiff's admitted criminal conversion rents and monies due the Estate, (d) Referring to the Kings County District the matter of Plaintiff's attorney wrongfully , secretly and criminally renting out the real property ofthe THE ESTATE OF LEROY BRODWITH. to third persons; (e) Ordering a referral to the New York State Department of Financial Services as well as to the Kings County District Attorney the affidavit of Vanessa Giorgiani, swore to October 10, 2017, on account of the perjurious statements therein and the improper insurance practices ascribed therein to Plaintiff; and Defendant Theresa Brodwith, Individually and as granting and grant the Estate such other, further and different relief as to this Honorable Court -1 I- 11 of 12 917 326 2644 r.1£ FILED: JUL-12-2018KINGS 16:32COUNTY CLERK FDIC NYRO07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 07/12/2018 may seem just and proper. Dated: New York, New York July 12, 2018 Theresa M. Brodwith Sworn to before me this 12 day of 2018 aAsoNg asAuo J~l ~ly NotaryPublic,Stateof New York No. 01PE6190889 Qualifiedin NewYork County Commission ExpiresAugust 4. 20 7.0 Public -12- 12 of 12 TOTAL P. 12