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INDEX NO. 504365/2013
(FILED: KINGS COUNTY CLERK 1070472013)
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/04/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
oe ee ee
MANUEL A. REYES-MONTILLA, Index No.: 504365/2013E
Plaintiff,
vs. AFFIRMATION OF MANUEL
A. REYES~MONTILLA
LONG BEACH MORTGAGE COMPANY and
ARCH BAY HOLDINGS LLC,
Defendants.
T, Manuel A. Reyes-Montilla, state the following under the
penalties of perjury:
1 My name is Manuel A. Reyes-Montilla. I am the
plaintiff in the above-captioned case and I am the owner of the
property at 423 Cleveland St., Brooklyn, NY, 11208 (“Property”).
I have personal knowledge of everything in this affirmation.
2 I have made all claims and statements in good faith to
prove my claim.
3. Yam the Property’s record owner, having obtained the
Property by deed dated July 19, 2005, and subsequently recorded
so as to form a part of the public record.
4 Information contained in the public record, on ACRIS,
indicates that Defendant LONG BEACH MORTGAGE COMPANY (“Long
Beach MC”) may claim a mortgage lien interest against the
Property.
52 As of July 19, 2005, the Property was and is owned by
me.
6. Upon information and belief, on that same date, Long
Beach MC extended a first and second mortgage loan to me in the
respective amounts of $399,600 and $99,900, as seen in the ACRIS
system.
7. Upon information and belief, the first mortgage was
assigned several times. It was finally assigned to Arch Bay on
August 15, 2011, and it was apparently subsequently assigned to
US Bank as trustee for another party. fT am not challenging the
first mortgage and am not moving for default judgment against
Arch Bay or US Bank.
8. The public record reflects that the second mortgage
was/is held by Long Beach MC, but Long Beach MC does not seem to
be an active company any more. The loan document found on ACRIS
for the second loan with Long Beach MC is attached hereto as
Exhibit A.
9, Based on my experience and knowledge, Long Beach MC
has made no attempt to contact me or anyone else to collect
mortgage payments.
10. Based on my experience and knowledge, no other company
or party has made an attempt to contact me or collect mortgage
payments.
di. I, and others on my behalf, have made efforts to
locate and contact Long Beach MC or anyone else who claims the
mortgage through investigation, phone calls, etc., but was not
successful in locating or contacting anyone who has authority to
act on behalf of Long Beach MC or claims ownership of the
mortgage
13. Additionally, investigation indicated that there is no
person or entity other than Long Beach MC herein holding any
conceivable claim to ownership of the second Mortgage; nor is
there any person or entity making any such claim. Nor has any
person or entity contacted plaintiff in regard to the Mortgage,
or in regard to obligations claimed to be due thereunder, or
seeking payment in connection therewith; nor, to the best of
plaintiff's knowledge, has any other person or entity been so
contacted,
14. While the Mortgage of Long Beach MC remains of record,
it is not known what sums, if any, are justly due thereunder,
nor does it seem possible to make that determination. Nor does
there seem to be any person or entity that might properly
receive any monies in connection with the Mortgage.
15, As the Mortgage nevertheless remains of record, it
constitutes a cloud on title.
16. Accordingly, I commenced this action to compel Long
Beach MC to make any claims they may have adverse to Owner
and/or the Property.
L7. I’m seeking a default judgment against Long Beach MC
to clear the title of the property with respect to the second
mortgage.
Dated: September 12, 2013
\
vo
wr D>
Manuel A. Reyes-Montilla
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INDEX NO. 504365/2013 (FILED: KINGS COUNTY CLERK 1070472013) NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/04/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS oe ee ee MANUEL A. REYES-MONTILLA, Index No.: 504365/2013E Plaintiff, vs. AFFIRMATION OF MANUEL A. REYES~MONTILLA LONG BEACH MORTGAGE COMPANY and ARCH BAY HOLDINGS LLC, Defendants. T, Manuel A. Reyes-Montilla, state the following under the penalties of perjury: 1 My name is Manuel A. Reyes-Montilla. I am the plaintiff in the above-captioned case and I am the owner of the property at 423 Cleveland St., Brooklyn, NY, 11208 (“Property”). I have personal knowledge of everything in this affirmation. 2 I have made all claims and statements in good faith to prove my claim. 3. Yam the Property’s record owner, having obtained the Property by deed dated July 19, 2005, and subsequently recorded so as to form a part of the public record. 4 Information contained in the public record, on ACRIS, indicates that Defendant LONG BEACH MORTGAGE COMPANY (“Long Beach MC”) may claim a mortgage lien interest against the Property. 52 As of July 19, 2005, the Property was and is owned by me. 6. Upon information and belief, on that same date, Long Beach MC extended a first and second mortgage loan to me in the respective amounts of $399,600 and $99,900, as seen in the ACRIS system. 7. Upon information and belief, the first mortgage was assigned several times. It was finally assigned to Arch Bay on August 15, 2011, and it was apparently subsequently assigned to US Bank as trustee for another party. fT am not challenging the first mortgage and am not moving for default judgment against Arch Bay or US Bank. 8. The public record reflects that the second mortgage was/is held by Long Beach MC, but Long Beach MC does not seem to be an active company any more. The loan document found on ACRIS for the second loan with Long Beach MC is attached hereto as Exhibit A. 9, Based on my experience and knowledge, Long Beach MC has made no attempt to contact me or anyone else to collect mortgage payments. 10. Based on my experience and knowledge, no other company or party has made an attempt to contact me or collect mortgage payments. di. I, and others on my behalf, have made efforts to locate and contact Long Beach MC or anyone else who claims the mortgage through investigation, phone calls, etc., but was not successful in locating or contacting anyone who has authority to act on behalf of Long Beach MC or claims ownership of the mortgage 13. Additionally, investigation indicated that there is no person or entity other than Long Beach MC herein holding any conceivable claim to ownership of the second Mortgage; nor is there any person or entity making any such claim. Nor has any person or entity contacted plaintiff in regard to the Mortgage, or in regard to obligations claimed to be due thereunder, or seeking payment in connection therewith; nor, to the best of plaintiff's knowledge, has any other person or entity been so contacted, 14. While the Mortgage of Long Beach MC remains of record, it is not known what sums, if any, are justly due thereunder, nor does it seem possible to make that determination. Nor does there seem to be any person or entity that might properly receive any monies in connection with the Mortgage. 15, As the Mortgage nevertheless remains of record, it constitutes a cloud on title. 16. Accordingly, I commenced this action to compel Long Beach MC to make any claims they may have adverse to Owner and/or the Property. L7. I’m seeking a default judgment against Long Beach MC to clear the title of the property with respect to the second mortgage. Dated: September 12, 2013 \ vo wr D> Manuel A. Reyes-Montilla