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FILED: ERIE COUNTY CLERK 12/15/2017 10:10 AM INDEX NO. 808088/2015
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 12/15/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
------------------------------------------------------------X
MidFirst Bank ,
Plaintiff,
AFFIRMATION
-against-
Index No.:808088/2015
Tony Rudolph, Secretary of Housing and Urban Development,
Dejean Ingram ,
Defendants.
-------------------------------------------X
Thomas Zegarelli, Esq., an attorney duly admitted to practice law before the Courts of the
State of New York, hereby affirms under the penalty of perjury and pursuant to Rule 2106 of the
Civil Practice Law and Rules that the following facts are true:
1. That I am an attorney of the firm of Frenkel, Lambert, Weiss, Weisman 2 Gordon,
LLP, attorneys for the plaintiff herein, and as such I am fully familiar with all the facts and
circumstances hereinafter contained. The source of my knowledge and information consists of the
records maintained by your affirmant's office and investigations.
2. This affirmation is made in support of the Plaintiff s motion for an order granting an
extension of time to complete the foreclosure sale of real property located at 47 Fredro Street,
Buffalo, NY 14206.
3. This is an action to foreclose a Mortgage on real property located at 47 Fredro Street,
Buffalo, NY 14206. The mortgage was executed on September 23, 1986 by the borrower, Jeffrey
R. Joslin, in favor of Empbanque Capital Corp. to secure payment of the principal sum of
$38,406.00. The mortgage was recorded in the Erie County Clerk's Office on September 23, 1986
in Liber 9455 of Mortgages at Page 618, The mortgage and the underlying debt were assumed by
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FILED: ERIE COUNTY CLERK 12/15/2017 10:10 AM INDEX NO. 808088/2015
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 12/15/2017
Tony Rudolph pursuant to a deed recorded on January 9, 2001 in Book 10975 at Page 8030.
Thereafter, an assignment into Chase Home Mortgage Corporation was dated December 1, 1992 and
recorded May 21, 1993 in Liber 12007 at Page 440. Thereafter, an assignment into MidFirst Bank
was dated August 1, 1996 and recorded November 7, 1996 in Liber 12726 at Page 1569. Thereafter,
the loan was modified pursuant to a Loan Modification Agreement dated February 12, 2009 and
recorded April 14, 2009 in Book 13441 at Page 7945 which created a single lien in the amount of
$27,888.03. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated
November 15, 2011 and recorded February 6, 2012 in Book 13566 at Page 9436 which created a
single lien in the amount of $39,882.86. Thereafter, the loan was modified pursuant to a Loan
Modification Agreement dated April 10, 2014 and recorded June 9, 2014 in Book 11264 at Page
9909 which created a single lien in the amount of $36,755.02.
4. A Summons, Complaint and Notice of Pendency were duly filed in the Office of the
Clerk of Erie County on July 2, 2015 under Index No.:808088/2015. Copies of the Summons,
Complaint and Notice of Pendency are annexed hereto as Exhibit "A". All of the defendants were
duly served with copies of the Summons and Complaint in this action. Copies of the Affidavits of
Service are annexed hereto as Exhibit"B".
5. None of the defendants appeared, answered or made any motion raising any objection
to the complaint and were held in default.
6. Upon information and belief, all of the defendants are of sound mind and none of
them are infants or absentees.
7. On January 11, 2017, an Order was granted by this Court, appointing J. Grant Zajas,
Esq., referee to compute the sums of money due and owing to plaintiff and to inquire whether the
mortgaged premises can be sold in one parcel. The Order was entered in the Office of the Clerk on
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FILED: ERIE COUNTY CLERK 12/15/2017 10:10 AM INDEX NO. 808088/2015
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 12/15/2017
A copy of said Order is annexed hereto as Exhibit "C".
8. On May 18, 2017, a Judgment of Foreclosure and Sale was granted. The Judgment
was entered on May 18, 2017, in the County Clerk's Office. A copy of the judgment, is annexed
hereto as Exhibit "D".
9. Pursuant to Real Property Actions and Proceedings Law (RPAPL) §1351, effective
December 20, 2016, provides that a foreclosure sale occur "within ninety days of the date of the
judgment. For the reasons set forth below, your affirmant respectfully submits that sufficient cause
exists as to why a sale ofthe subject property has notyet been completed and requests that the Courts
extend the deadline date to complete the foreclosure sale pursuant to CPLR 2004.
10.The matter was further delayed due to defendant Tony A. Rudolph filing for Bankruptcy
on June 2017 in the Western District - Case #17-11301. was lifted
19, Buffalo, Bankruptcy stay by
Order Granting Motion for Relief from Stay signed on October 20, 2017, giving Plaintiffpermission
to proceed with the foreclosure. A copy of the Order, is annexed here as Exhibit "E".
11. That no prior application has been made for the relief requested herein.
WHEREFORE, plaintiff respectfully requests an order granting an extension ofthe deadline
sale date, leave to file a notice of sale, and authorizing sale of the above-described mortgaged
premises.
Dated: Bay Shore, New York
December 5, 2017
o as Zegarelli, Es,
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FILED: ERIE COUNTY CLERK 12/15/2017 10:10 AM INDEX NO. 808088/2015
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 12/15/2017
CERTIFICATION BY ATTORNEY
Thomas Zegarelli an attorney duly admitted to practice law before the Courts of the State
of New York, and am an attorney with the firm of Frenkel, Lambert, Weiss, Weisman & Gordon,
LLP, attorneys for the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as
follows:
1. I hereby certify, under the penalty of perjury and as an officer of the Court, that, to
the best of my knowledge, information and belief, formed after an inquiry reasonable under the
circumstances, the presentation of the within paper or the contentions therein are not frivolous as
defined in subsection (c) of section 130-1.1, including that the substance of the factual statements
therein are not false.
Dated: Bay Shore, New York
December 5, 2017
hon s Zegarelli, Es ~
Frenkel, Lambe, eiss.
eiss, Weisman k
8c Gordon, LLP
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Preview
FILED: ERIE COUNTY CLERK 12/15/2017 10:10 AM INDEX NO. 808088/2015 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 12/15/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ------------------------------------------------------------X MidFirst Bank , Plaintiff, AFFIRMATION -against- Index No.:808088/2015 Tony Rudolph, Secretary of Housing and Urban Development, Dejean Ingram , Defendants. -------------------------------------------X Thomas Zegarelli, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms under the penalty of perjury and pursuant to Rule 2106 of the Civil Practice Law and Rules that the following facts are true: 1. That I am an attorney of the firm of Frenkel, Lambert, Weiss, Weisman 2 Gordon, LLP, attorneys for the plaintiff herein, and as such I am fully familiar with all the facts and circumstances hereinafter contained. The source of my knowledge and information consists of the records maintained by your affirmant's office and investigations. 2. This affirmation is made in support of the Plaintiff s motion for an order granting an extension of time to complete the foreclosure sale of real property located at 47 Fredro Street, Buffalo, NY 14206. 3. This is an action to foreclose a Mortgage on real property located at 47 Fredro Street, Buffalo, NY 14206. The mortgage was executed on September 23, 1986 by the borrower, Jeffrey R. Joslin, in favor of Empbanque Capital Corp. to secure payment of the principal sum of $38,406.00. The mortgage was recorded in the Erie County Clerk's Office on September 23, 1986 in Liber 9455 of Mortgages at Page 618, The mortgage and the underlying debt were assumed by 1 of 4 FILED: ERIE COUNTY CLERK 12/15/2017 10:10 AM INDEX NO. 808088/2015 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 12/15/2017 Tony Rudolph pursuant to a deed recorded on January 9, 2001 in Book 10975 at Page 8030. Thereafter, an assignment into Chase Home Mortgage Corporation was dated December 1, 1992 and recorded May 21, 1993 in Liber 12007 at Page 440. Thereafter, an assignment into MidFirst Bank was dated August 1, 1996 and recorded November 7, 1996 in Liber 12726 at Page 1569. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated February 12, 2009 and recorded April 14, 2009 in Book 13441 at Page 7945 which created a single lien in the amount of $27,888.03. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated November 15, 2011 and recorded February 6, 2012 in Book 13566 at Page 9436 which created a single lien in the amount of $39,882.86. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated April 10, 2014 and recorded June 9, 2014 in Book 11264 at Page 9909 which created a single lien in the amount of $36,755.02. 4. A Summons, Complaint and Notice of Pendency were duly filed in the Office of the Clerk of Erie County on July 2, 2015 under Index No.:808088/2015. Copies of the Summons, Complaint and Notice of Pendency are annexed hereto as Exhibit "A". All of the defendants were duly served with copies of the Summons and Complaint in this action. Copies of the Affidavits of Service are annexed hereto as Exhibit"B". 5. None of the defendants appeared, answered or made any motion raising any objection to the complaint and were held in default. 6. Upon information and belief, all of the defendants are of sound mind and none of them are infants or absentees. 7. On January 11, 2017, an Order was granted by this Court, appointing J. Grant Zajas, Esq., referee to compute the sums of money due and owing to plaintiff and to inquire whether the mortgaged premises can be sold in one parcel. The Order was entered in the Office of the Clerk on 2 of 4 FILED: ERIE COUNTY CLERK 12/15/2017 10:10 AM INDEX NO. 808088/2015 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 12/15/2017 A copy of said Order is annexed hereto as Exhibit "C". 8. On May 18, 2017, a Judgment of Foreclosure and Sale was granted. The Judgment was entered on May 18, 2017, in the County Clerk's Office. A copy of the judgment, is annexed hereto as Exhibit "D". 9. Pursuant to Real Property Actions and Proceedings Law (RPAPL) §1351, effective December 20, 2016, provides that a foreclosure sale occur "within ninety days of the date of the judgment. For the reasons set forth below, your affirmant respectfully submits that sufficient cause exists as to why a sale ofthe subject property has notyet been completed and requests that the Courts extend the deadline date to complete the foreclosure sale pursuant to CPLR 2004. 10.The matter was further delayed due to defendant Tony A. Rudolph filing for Bankruptcy on June 2017 in the Western District - Case #17-11301. was lifted 19, Buffalo, Bankruptcy stay by Order Granting Motion for Relief from Stay signed on October 20, 2017, giving Plaintiffpermission to proceed with the foreclosure. A copy of the Order, is annexed here as Exhibit "E". 11. That no prior application has been made for the relief requested herein. WHEREFORE, plaintiff respectfully requests an order granting an extension ofthe deadline sale date, leave to file a notice of sale, and authorizing sale of the above-described mortgaged premises. Dated: Bay Shore, New York December 5, 2017 o as Zegarelli, Es, 3 of 4 FILED: ERIE COUNTY CLERK 12/15/2017 10:10 AM INDEX NO. 808088/2015 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 12/15/2017 CERTIFICATION BY ATTORNEY Thomas Zegarelli an attorney duly admitted to practice law before the Courts of the State of New York, and am an attorney with the firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows: 1. I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within paper or the contentions therein are not frivolous as defined in subsection (c) of section 130-1.1, including that the substance of the factual statements therein are not false. Dated: Bay Shore, New York December 5, 2017 hon s Zegarelli, Es ~ Frenkel, Lambe, eiss. eiss, Weisman k 8c Gordon, LLP 4 of 4