Preview
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 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
ONBEHALFOFTHENOTEHOLDERS AND THE
NOTE INSURER OF ABAS MORTGAGE LOAN
TRUST 2000-4, AFFIRMATION
In Support Of
Plaintiff, ORDER TO SHOW CAUSE
- against -
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH, et al.,
Defendants.
----------------------------------------------------------------X
JONATHAN DAVID BACHRACH, an attorney duly admittedto practice inthe
State of New York, affirms as true under penalty of perjury:
1. I am JONATHAN DAVID BACHRACH, ESQ., attorney for the Estate
of Leroy Brodwith in the above-captioned action, and I am fully familiar with all the
facts and circumstances hereinbefore had.
2. This cross-motion seeks an order:
(a) Ordering that no reference be held herein until discovery has been held of THE
BANK OF NEW YORK MELLON.
(b) Directing that depositions of THE BANK OF NEW YORK MELLON
be held to determine:
(1) Wh THE BANK OF NEW YORK MELLON wrongfully forbore
1 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
for 15 years to foreclose on this mortgage:
(2) Why THE BANK OF NEW YORK MELLON wrongfully , secretly
and criminally rented out the real property of THE ESTATE OF
LEROY BRODWITH. to third persons;
(3) The disposition Estate funds made by THE BANK OF NEW
YORK MELLON of such criminally converted funds;
(4) The identities of the individuals who carried out the criminal
conversion;
© Ordering that THE BANK OF NEW YORK MELLON be required to
produce their books and records with regard to this mortgage - in THE
particular,
BANK OF NEW YORK MELLON's communications with third parties re THE
BANK OF NEW YORK MELLON's admitted criminal conversion rents and monies
due the Estate,
(d) Referring to the Kings County District attorney the matter of THE
BANK OF NEW YORK MELLON 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 County District Attorney the affidavit of
Vanessa Giorgiani, swore to October 10, 2017, on account of the perjurious
2 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
statements therein and the improper insurance practices ascribed therein to
Plaintiff; and
granting Defendant Theresa Brodwith, individually and as Administratrix and Heir of
the Estate of Leroy Brodwith, such other, further and different relief as to this
Honorable Court may seem just and proper.
Introduction - EBT Notices Served
3. When THE BANK OF NEW YORK MELLON made foreclosure
motion, they attached thereto an affidavit by Vanessa Giorgiani (See Affidavit of
Indebtedness - Exhibit 1). The affidavit reflects criminal misconduct on the part of
THE BANK OF NEW YORK MELLON.
4. Other circumstances herein are also fishy. The Mortgage Company lent
$105,000. They now seek $233,000. This is quite suspicious.
5. After the borrower died, The Mortgage Company rented his house to
unknown tenants at unknown rentals and refuse to provide an accounting.
6. The Estate served EBT notices to find out a few details about the
indebtedness. THE BANK OF NEW YORK MELLON refuses to appear for
deposition.
BACKGROUND - MAFIA PRACTICES
7. Leroy Brodwith (LeRoy) lived at the premises in question at 561 New
3 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
"Premises"
Jersey Avenue, in Brooklyn (the "Premises").
8. According to Plaintiff, on or about November 9, 2000, LeRoy Brodwith
took out a montage loan in the amount of $105,000. (See Affidavit of Indebtedness -
Exhibit 1)
9. on November 2003. (See Exhibit 2 - Death
LeRoy died, however, 8,
Certificate).
10. The Mafia would be proud of THE BANK OF NEW YORK
MELLON -
They lent $105,000, were paid $6,000, ran up the interest on a
dead man for thirteen years - and now want $233,000 more!
11. THE BANK OF NEW YORK MELLON wants this Honorable Court to
give them over twice the loan amount in vigorish)
12. As shown more fully in the accompanying affidavit of Defendant Theresa
Brodwith and the Affidavit of Indebtedness (Exhibit 1 here), for five years following
the borrower's death, the Mortgage Company rented out the mortgaged property to
unknown tenants at an unknown rental AND CONVERTED THAT RENTAL
MONEY TO ITS OWN USE!
13. Mr. Brodwith died on November 8, 2003; the Mortgage company says
Mr. Brodwith did not go into default until July 20, 2008:
4 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
3. 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.
Died 2003. No Default until July 20, 2018. These books are indisputably cooked.
14. It is respectfully submitted that it is no use to have a referee determine
what is due on cooked books! How much did the Mortgage Company charge as rent?
How much did they apply to the mortgage? Isn't it a crime to rent out someone
else's house and keep the money yourself?
Mr. Witness, after Mr. Browith died, how did you gain
access to his premises to rent them out to unknown parties?
Did you break and enter?
I would not be surprised ifthe Mortgage Company rented out the decedent's premises
for far more that the mortgage payment - some to the
monthly possibly applying
payments - but the rest for themselves. Who can nay?
monthly keeping say
15. No one knows, without a deposition, if the Mortgage Company chose the
payment as the rent - even though the fair market value is far more?
monthly Any
bribes involved. We don't know. The Mortgage Company is hiding the books and
records - if kept any. broker?
they Pay any
16. It is respectfully submitted that this Honorable Court insure that prior to
letting a referee add up crooked books, the Mortgage Company has to be asked:
5 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
Mr. Witness: You knew Mr. Brodwith died in November of 2003!
Why didn't you sent any notice to his heirs? Why did you rent out the
and the rental yourself for the next 5 + years?
property keep money
Mr. Witness: At the time Mr. Brodwith died, he owned the Mortgage
Company $99,000. Right? But now you are claiming he owes $233,000?
17. The Mortgage Company refuses to produce any account This Honorable
Court's attention is urgently directed toward Plaintiff's Affidavit of Indebtedness.
This Affidavit is a manifest hoax on this Court. It is respectfully submitted that this
affidavit of Vanessa 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 of November 8, 2003! How could he go into
default commencing with the July 2008 payment? Somebody is lying to the Court.
18. IfPlaintiff 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.
19. We need to know if the New York State Department of Financial
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
6 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
out the mortgaged premises after the mortgagor dies?
20. We need to know if Plaintiff got secret payoffs to permit unauthorized
persons to live in premises of deceased mortgagor.
21. 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?
22. The Estate is entitled to all rents and revenues of Plaintiff relative to
Plaintiff maintaining such tenancies and other use and occupancy.
23. After depositions are held of the Plaintiff, this matter should be set down
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
24. Plaintiff let 14 years elapse since LeRoy's death and made money on the
dead man in four ways.
25. First, Plaintiff is unconscionably seeking $223,000 for a $99,426.
outstanding balance. From a dead minority man, yet!
7 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
26. Second, Plaintiff, by trick and deception, ran up the interest balance to
$123,000 - for 14 years - not to know the Borrower was dead.
by pretending
Plaintiff intentionally sent notices to the wrong addresses;
27. Third, Plaintiff made money of letting out the premises to unknown third
parties, for five (5) years!
28. Fourth, by bringing an expensive legal action seeking all the expenses
possible, when this was never necessary.
CONCLUSION
29. It is likely that the unfair and illegal conduct described about is par for
Plaintiff's course, especially in the minority community.
30. depositions must be held to find out - what took so long?
Therefore,
31. Why did Plaintiff letthe premises to unknown third parties for five years?
32. How much revenue did Plaintiff receive on the Premises during the five
Plaintiff' -
(5) years from Plaintiff's death until 07/0/08 the date Plaintiff first declared the long
dead borrower in default?
33. Are these standard practices for Plaintiff?
34. 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.
8 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
35. The Giorgiani affidavit is obviously false. Big mortgage companies
should not be permitted to lie their way to ill-gotten windfalls.
36. Per Plaintiff's exhibit Some two years ago, the alleged holder of the
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?
37. 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 it and to collect as much as possible from the heirs, who
may not even be aware of the mortgage.
38. Theresa Brodwith and the Estate ofLeroy Brodwith spent years thereafter
trying to get Beniah Anokam out of the premises or to pay rent, and to get his children
out of the premises or to pay rent, but all to no avail.
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
9 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
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;
© Ordering that Plaintiff be required to produce their books and records
with regard to this mortgage - in Plaintiff's communications with third
particular,
parties 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 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
granting Defendant Theresa Brodwith, individually and as Administratrix and Heir of
-1—
10 of 11
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018
the Estate of Leroy Brodwith, such other, further and different relief as to this
Honorable Court may seemjust and proper; and grant THERESA BRODWITH AND
THE ESTATE OF LEROY BRODWITH such other, further and different relief as
to this Honorable Court may seem just and proper.
Dated: New York, New York
July 12, 2018
/s/
JONATHAN DAVID BACHRACH, ESQ.
Attorneys for E/O Leroy Brodwith
55 Water Street - 32nd Floor
New York, NY 10041
(212) 977-2400
-11-
11 of 11
Preview
FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 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 ONBEHALFOFTHENOTEHOLDERS AND THE NOTE INSURER OF ABAS MORTGAGE LOAN TRUST 2000-4, AFFIRMATION In Support Of Plaintiff, ORDER TO SHOW CAUSE - against - THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH, et al., Defendants. ----------------------------------------------------------------X JONATHAN DAVID BACHRACH, an attorney duly admittedto practice inthe State of New York, affirms as true under penalty of perjury: 1. I am JONATHAN DAVID BACHRACH, ESQ., attorney for the Estate of Leroy Brodwith in the above-captioned action, and I am fully familiar with all the facts and circumstances hereinbefore had. 2. This cross-motion seeks an order: (a) Ordering that no reference be held herein until discovery has been held of THE BANK OF NEW YORK MELLON. (b) Directing that depositions of THE BANK OF NEW YORK MELLON be held to determine: (1) Wh THE BANK OF NEW YORK MELLON wrongfully forbore 1 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 for 15 years to foreclose on this mortgage: (2) Why THE BANK OF NEW YORK MELLON wrongfully , secretly and criminally rented out the real property of THE ESTATE OF LEROY BRODWITH. to third persons; (3) The disposition Estate funds made by THE BANK OF NEW YORK MELLON of such criminally converted funds; (4) The identities of the individuals who carried out the criminal conversion; © Ordering that THE BANK OF NEW YORK MELLON be required to produce their books and records with regard to this mortgage - in THE particular, BANK OF NEW YORK MELLON's communications with third parties re THE BANK OF NEW YORK MELLON's admitted criminal conversion rents and monies due the Estate, (d) Referring to the Kings County District attorney the matter of THE BANK OF NEW YORK MELLON 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 County District Attorney the affidavit of Vanessa Giorgiani, swore to October 10, 2017, on account of the perjurious 2 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 statements therein and the improper insurance practices ascribed therein to Plaintiff; and granting Defendant Theresa Brodwith, individually and as Administratrix and Heir of the Estate of Leroy Brodwith, such other, further and different relief as to this Honorable Court may seem just and proper. Introduction - EBT Notices Served 3. When THE BANK OF NEW YORK MELLON made foreclosure motion, they attached thereto an affidavit by Vanessa Giorgiani (See Affidavit of Indebtedness - Exhibit 1). The affidavit reflects criminal misconduct on the part of THE BANK OF NEW YORK MELLON. 4. Other circumstances herein are also fishy. The Mortgage Company lent $105,000. They now seek $233,000. This is quite suspicious. 5. After the borrower died, The Mortgage Company rented his house to unknown tenants at unknown rentals and refuse to provide an accounting. 6. The Estate served EBT notices to find out a few details about the indebtedness. THE BANK OF NEW YORK MELLON refuses to appear for deposition. BACKGROUND - MAFIA PRACTICES 7. Leroy Brodwith (LeRoy) lived at the premises in question at 561 New 3 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 "Premises" Jersey Avenue, in Brooklyn (the "Premises"). 8. According to Plaintiff, on or about November 9, 2000, LeRoy Brodwith took out a montage loan in the amount of $105,000. (See Affidavit of Indebtedness - Exhibit 1) 9. on November 2003. (See Exhibit 2 - Death LeRoy died, however, 8, Certificate). 10. The Mafia would be proud of THE BANK OF NEW YORK MELLON - They lent $105,000, were paid $6,000, ran up the interest on a dead man for thirteen years - and now want $233,000 more! 11. THE BANK OF NEW YORK MELLON wants this Honorable Court to give them over twice the loan amount in vigorish) 12. As shown more fully in the accompanying affidavit of Defendant Theresa Brodwith and the Affidavit of Indebtedness (Exhibit 1 here), for five years following the borrower's death, the Mortgage Company rented out the mortgaged property to unknown tenants at an unknown rental AND CONVERTED THAT RENTAL MONEY TO ITS OWN USE! 13. Mr. Brodwith died on November 8, 2003; the Mortgage company says Mr. Brodwith did not go into default until July 20, 2008: 4 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 3. 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. Died 2003. No Default until July 20, 2018. These books are indisputably cooked. 14. It is respectfully submitted that it is no use to have a referee determine what is due on cooked books! How much did the Mortgage Company charge as rent? How much did they apply to the mortgage? Isn't it a crime to rent out someone else's house and keep the money yourself? Mr. Witness, after Mr. Browith died, how did you gain access to his premises to rent them out to unknown parties? Did you break and enter? I would not be surprised ifthe Mortgage Company rented out the decedent's premises for far more that the mortgage payment - some to the monthly possibly applying payments - but the rest for themselves. Who can nay? monthly keeping say 15. No one knows, without a deposition, if the Mortgage Company chose the payment as the rent - even though the fair market value is far more? monthly Any bribes involved. We don't know. The Mortgage Company is hiding the books and records - if kept any. broker? they Pay any 16. It is respectfully submitted that this Honorable Court insure that prior to letting a referee add up crooked books, the Mortgage Company has to be asked: 5 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 Mr. Witness: You knew Mr. Brodwith died in November of 2003! Why didn't you sent any notice to his heirs? Why did you rent out the and the rental yourself for the next 5 + years? property keep money Mr. Witness: At the time Mr. Brodwith died, he owned the Mortgage Company $99,000. Right? But now you are claiming he owes $233,000? 17. The Mortgage Company refuses to produce any account This Honorable Court's attention is urgently directed toward Plaintiff's Affidavit of Indebtedness. This Affidavit is a manifest hoax on this Court. It is respectfully submitted that this affidavit of Vanessa 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 of November 8, 2003! How could he go into default commencing with the July 2008 payment? Somebody is lying to the Court. 18. IfPlaintiff 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. 19. We need to know if the New York State Department of Financial 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 6 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 out the mortgaged premises after the mortgagor dies? 20. We need to know if Plaintiff got secret payoffs to permit unauthorized persons to live in premises of deceased mortgagor. 21. 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? 22. The Estate is entitled to all rents and revenues of Plaintiff relative to Plaintiff maintaining such tenancies and other use and occupancy. 23. After depositions are held of the Plaintiff, this matter should be set down 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 24. Plaintiff let 14 years elapse since LeRoy's death and made money on the dead man in four ways. 25. First, Plaintiff is unconscionably seeking $223,000 for a $99,426. outstanding balance. From a dead minority man, yet! 7 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 26. Second, Plaintiff, by trick and deception, ran up the interest balance to $123,000 - for 14 years - not to know the Borrower was dead. by pretending Plaintiff intentionally sent notices to the wrong addresses; 27. Third, Plaintiff made money of letting out the premises to unknown third parties, for five (5) years! 28. Fourth, by bringing an expensive legal action seeking all the expenses possible, when this was never necessary. CONCLUSION 29. It is likely that the unfair and illegal conduct described about is par for Plaintiff's course, especially in the minority community. 30. depositions must be held to find out - what took so long? Therefore, 31. Why did Plaintiff letthe premises to unknown third parties for five years? 32. How much revenue did Plaintiff receive on the Premises during the five Plaintiff' - (5) years from Plaintiff's death until 07/0/08 the date Plaintiff first declared the long dead borrower in default? 33. Are these standard practices for Plaintiff? 34. 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. 8 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 35. The Giorgiani affidavit is obviously false. Big mortgage companies should not be permitted to lie their way to ill-gotten windfalls. 36. Per Plaintiff's exhibit Some two years ago, the alleged holder of the 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? 37. 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 it and to collect as much as possible from the heirs, who may not even be aware of the mortgage. 38. Theresa Brodwith and the Estate ofLeroy Brodwith spent years thereafter trying to get Beniah Anokam out of the premises or to pay rent, and to get his children out of the premises or to pay rent, but all to no avail. 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 9 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 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; © Ordering that Plaintiff be required to produce their books and records with regard to this mortgage - in Plaintiff's communications with third particular, parties 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 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 granting Defendant Theresa Brodwith, individually and as Administratrix and Heir of -1— 10 of 11 FILED: KINGS COUNTY CLERK 07/12/2018 05:02 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 07/12/2018 the Estate of Leroy Brodwith, such other, further and different relief as to this Honorable Court may seemjust and proper; and grant THERESA BRODWITH AND THE ESTATE OF LEROY BRODWITH such other, further and different relief as to this Honorable Court may seem just and proper. Dated: New York, New York July 12, 2018 /s/ JONATHAN DAVID BACHRACH, ESQ. Attorneys for E/O Leroy Brodwith 55 Water Street - 32nd Floor New York, NY 10041 (212) 977-2400 -11- 11 of 11