Preview
FILED: KINGS COUNTY CLERK 05/06/2020 11:37 PM INDEX NO. 510664/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 05/06/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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HSBC BANK USA N.A. AS INDENTURE INDEX NO.: 510664/2015
TRUSTEE FOR THE REGISTERED
NOTEHOLDERS OF RENAISSANCE HOME NOTICE OF MOTION FOR AN
EQUITY LOAN TRUST 2007-2, ORDER CONFIRMING REFEREE
REPORT AND JUDGMENT OF
Plaintiff, FORECLOSURE AND SALE
vs. MORTGAGED PROPERTY:
254 DECATUR STREET
HEIRS AND DISTRIBUTEES OF THE ESTATE BROOKLYN, NY 11233
OF RODNEY DENT AKA RODNEY R. DENT,
DECEASED; ALEXANDER DENT, AS COUNTY: KINGS
ADMINISTRATOR AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF RODNEY BL#:
DENT AKA RODNEY R. DENT; RANDOLPH Block 1680,
RISLEY DENT III AS ADMINISTRATOR AS Lot 21
HEIR AND DISTRIBUTEE OF THE ESTATE OF
RODNEY DENT AKA RODNEY R. DENT,
ORCHID ISLAND TRS, LLC FKA OPTEUM
FINANCIAL SERVICES, LLC FKA HOME
STAR MORTGAGE SERVICES, LLC; NEW
YORK CITY PARKING VIOLATIONS
BUREAU; THE PEOPLE OF THE STATE OF
NEW YORK; NEW YORK STATE
DEPARTMENT OF TAXATION AND
FINANCE; UNITED STATES OF AMERICA –
INTERNAL REVENUE SERVICE; SYLVIA
DENT; SEGUNDO GOMEZ,
Defendant(s).
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PLEASE TAKE NOTICE that upon the attached affirmation of Veronica M. Rundle,
Esq. dated May 4, 2020, the affidavit of Howard R. Handville, sworn to February 11, 2019, the
affidavit of Daniel Delpsche, sworn to February 24, 2020, the exhibits attached thereto, and all
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FILED: KINGS COUNTY CLERK 05/06/2020 11:37 PM INDEX NO. 510664/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 05/06/2020
prior proceedings in this case, Plaintiff HSBC BANK USA N.A. AS INDENTURE TRUSTEE
FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN
TRUST 2007-2 will move this court at 9:30 a.m. on July 8, 2020, at the Supreme Court of
KINGS County, 360 Adams Street Brooklyn, NY 11201, or as soon thereafter as the parties
may be heard, for an order:
1. Confirming the Referee’s Report made in accordance with RPAPL §1321;
2. Granting a Judgment of Foreclosure and Sale pursuant to RPAPL §1351;
3. Directing the distribution of the sale proceeds pursuant to RPAPL §1354;
4. Directing that Defendant ORCHID ISLAND TRS, LLC FKA OPTEUM
FINANCIAL SERVICES, LLC FKA HOME STAR MORTGAGE SERVICES, LLC’S interest
in the mortgaged premises, and all persons or entities claiming by, through or under them, be
declared invalid and extinguished, and that ORCHID ISLAND TRS, LLC FKA OPTEUM
FINANCIAL SERVICES, LLC FKA HOME STAR MORTGAGE SERVICES, LLC and all
persons or entities claiming by through or under them, be barred and foreclosed of and from all
right, claim, lien, interest or equity of redemption in and to said mortgaged premises and that the
plaintiff be granted reformation of the record to reflect said prior mortgages being extinguished;
5. Deeming the refiled Notice of Pendency timely filed, nunc pro tunc;
6. Such additional relief as the Court may deem just and proper.
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NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 05/06/2020
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering
papers and notice of cross-motion, with supporting papers, if any, must be served upon the
undersigned at least seven (7) days prior to the return date of this motion.
DATED: May 4, 2020
Westbury, New York
_/s/ Veronica M. Rundle______, Esq.
Veronica M. Rundle, Esq.
RAS Boriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
TO:
HEIRS AND DISTRIBUTEES OF THE ESTATE OF
RODNEY DENT AKA RODNEY R. DENT, DECEASED
254 DECATUR STREET
BROOKLYN, NY 11233
ALEXANDER DENT, AS CO-ADMINISTRATOR AS HEIR AND DISTRIBUTEE OF
THE ESTATE OF RODNEY DENT AKA RODNEY R. DENT, DECEASED
254 DECATUR STREET, APT 1
BROOKLYN, NY 11233
RANDOLPH RISLEY DENT III AS CO-ADMINISTRATOR AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF RODNEY DENT AKA RODNEY R. DENT,
DECEASED
254 DECATUR STREET, APT 1
BROOKLYN, NY 11233
ORCHID ISLAND TRS, LLC FKA OPTEUM FINANCIAL SERVICES, LLC FKA
HOME STAR MORTGAGE SERVICES, LLC
80 STATE STREET
ALBANY, NY 12207
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NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 05/06/2020
NEW YORK CITY PARKING VIOLATIONS BUREAU
100 CHURCH STREET, 4TH FLOOR
NEW YORK, NY 10007
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE
300 MOTOR PARKWAY
HAUPPAUGE, NY 11788
UNITED STATES OF AMERICA – INTERNAL REVENUE SERVICE
271 CADMAN PLAZA, 7TH FLOOR
BROOKLYN, NY 11201
SYLVIA DENT AS JOHN DOE #1
254 DECATUR STREET, APT 1
BROOKLYN, NY 11233
SEGUNDO GOMEZ AS JOHN DOE #2
254 DECATUR STREET, APT 2
BROOKLYN, NY 11233
JACOB N. GELFEND, ESQ.—REFEREE
26 COURT STREET, SUITE 908
BROOKLYN, NY 11242
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FILED: KINGS COUNTY CLERK 05/06/2020 11:37 PM INDEX NO. 510664/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 05/06/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------X HSBC BANK USA N.A. AS INDENTURE INDEX NO.: 510664/2015 TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME NOTICE OF MOTION FOR AN EQUITY LOAN TRUST 2007-2, ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF Plaintiff, FORECLOSURE AND SALE vs. MORTGAGED PROPERTY: 254 DECATUR STREET HEIRS AND DISTRIBUTEES OF THE ESTATE BROOKLYN, NY 11233 OF RODNEY DENT AKA RODNEY R. DENT, DECEASED; ALEXANDER DENT, AS COUNTY: KINGS ADMINISTRATOR AS HEIR AND DISTRIBUTEE OF THE ESTATE OF RODNEY BL#: DENT AKA RODNEY R. DENT; RANDOLPH Block 1680, RISLEY DENT III AS ADMINISTRATOR AS Lot 21 HEIR AND DISTRIBUTEE OF THE ESTATE OF RODNEY DENT AKA RODNEY R. DENT, ORCHID ISLAND TRS, LLC FKA OPTEUM FINANCIAL SERVICES, LLC FKA HOME STAR MORTGAGE SERVICES, LLC; NEW YORK CITY PARKING VIOLATIONS BUREAU; THE PEOPLE OF THE STATE OF NEW YORK; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA – INTERNAL REVENUE SERVICE; SYLVIA DENT; SEGUNDO GOMEZ, Defendant(s). ----------------------------------------------------------------X PLEASE TAKE NOTICE that upon the attached affirmation of Veronica M. Rundle, Esq. dated May 4, 2020, the affidavit of Howard R. Handville, sworn to February 11, 2019, the affidavit of Daniel Delpsche, sworn to February 24, 2020, the exhibits attached thereto, and all 15-039477 - JW 1 of 4 FILED: KINGS COUNTY CLERK 05/06/2020 11:37 PM INDEX NO. 510664/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 05/06/2020 prior proceedings in this case, Plaintiff HSBC BANK USA N.A. AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2007-2 will move this court at 9:30 a.m. on July 8, 2020, at the Supreme Court of KINGS County, 360 Adams Street Brooklyn, NY 11201, or as soon thereafter as the parties may be heard, for an order: 1. Confirming the Referee’s Report made in accordance with RPAPL §1321; 2. Granting a Judgment of Foreclosure and Sale pursuant to RPAPL §1351; 3. Directing the distribution of the sale proceeds pursuant to RPAPL §1354; 4. Directing that Defendant ORCHID ISLAND TRS, LLC FKA OPTEUM FINANCIAL SERVICES, LLC FKA HOME STAR MORTGAGE SERVICES, LLC’S interest in the mortgaged premises, and all persons or entities claiming by, through or under them, be declared invalid and extinguished, and that ORCHID ISLAND TRS, LLC FKA OPTEUM FINANCIAL SERVICES, LLC FKA HOME STAR MORTGAGE SERVICES, LLC and all persons or entities claiming by through or under them, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises and that the plaintiff be granted reformation of the record to reflect said prior mortgages being extinguished; 5. Deeming the refiled Notice of Pendency timely filed, nunc pro tunc; 6. Such additional relief as the Court may deem just and proper. 15-039477 - JW 2 of 4 FILED: KINGS COUNTY CLERK 05/06/2020 11:37 PM INDEX NO. 510664/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 05/06/2020 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. DATED: May 4, 2020 Westbury, New York _/s/ Veronica M. Rundle______, Esq. Veronica M. Rundle, Esq. RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 TO: HEIRS AND DISTRIBUTEES OF THE ESTATE OF RODNEY DENT AKA RODNEY R. DENT, DECEASED 254 DECATUR STREET BROOKLYN, NY 11233 ALEXANDER DENT, AS CO-ADMINISTRATOR AS HEIR AND DISTRIBUTEE OF THE ESTATE OF RODNEY DENT AKA RODNEY R. DENT, DECEASED 254 DECATUR STREET, APT 1 BROOKLYN, NY 11233 RANDOLPH RISLEY DENT III AS CO-ADMINISTRATOR AS HEIR AND DISTRIBUTEE OF THE ESTATE OF RODNEY DENT AKA RODNEY R. DENT, DECEASED 254 DECATUR STREET, APT 1 BROOKLYN, NY 11233 ORCHID ISLAND TRS, LLC FKA OPTEUM FINANCIAL SERVICES, LLC FKA HOME STAR MORTGAGE SERVICES, LLC 80 STATE STREET ALBANY, NY 12207 15-039477 - JW 3 of 4 FILED: KINGS COUNTY CLERK 05/06/2020 11:37 PM INDEX NO. 510664/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 05/06/2020 NEW YORK CITY PARKING VIOLATIONS BUREAU 100 CHURCH STREET, 4TH FLOOR NEW YORK, NY 10007 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE 300 MOTOR PARKWAY HAUPPAUGE, NY 11788 UNITED STATES OF AMERICA – INTERNAL REVENUE SERVICE 271 CADMAN PLAZA, 7TH FLOOR BROOKLYN, NY 11201 SYLVIA DENT AS JOHN DOE #1 254 DECATUR STREET, APT 1 BROOKLYN, NY 11233 SEGUNDO GOMEZ AS JOHN DOE #2 254 DECATUR STREET, APT 2 BROOKLYN, NY 11233 JACOB N. GELFEND, ESQ.—REFEREE 26 COURT STREET, SUITE 908 BROOKLYN, NY 11242 15-039477 - JW 4 of 4