Motion-Secondary: U.S. Bank National Association, Successor Trustee To Bank Of America, N.A., As Successor To Lasalle Bank N.A., As Trustee For The Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-2 v. Jules Paul Bouloute, Department Of Housing Preservation And Development, New York City Department Of Finance, Mortgage Electronic Registration Systems Inc., Acting Solely As Nominee For First Franklin Financial Corp., An Op Sub Of Mlb&T Co. Fsb, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, Asset Acceptance Corp As Assignee Of Chase, John Doe #1 Through John Doe #10, The Last Ten Names Being Fictitious And Unknown To The Plaintiff, The Person Or Parties Intended Being The Persons Or Parties, If Any, Having Or Claiming An Interest In Or Lien Upon The Mortgaged Premises Described In The

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                                INDEX     NO.   503433/2012
NYSCEF   DOC.   NO.   46                                                                RECEIVED   NYSCEF:      07/26/2017




            SUPREME COURT OF THE STATE OF NEW YORK
            COUNTY OF KINGS
                                                                          X   Index No. 503433/12
            U.S. Bank National Association, Successor Trustee to
            Bank of America, NA., as Successor to Lasalle Bank N.A.,
            as trustee for the Merrill Lynch First Franklin Mortgage Loan
            Trust, Mortgage Loan Asset-Backed Certificates Series
            2007-2,
                                                                              AFFIRMATION OF
                                                         Plaintiffs,          EMERGENCY

                                     - against -

            Jules Paul Bouloute, The City of New York Department
            of Housing Preservation and Development, New York City
            Department of Finance, Mortgage Electronic Registration
            Systems Inc., acting solely as nominee for First Franklin
            Financial Corp., an OP SUB of MLB&T Co. FSB, New York
            City Environmental Control Board, New York City Parking
            Violations Bureau, New York City Transit Adjudication Bureau,
            Asset Acceptance Corp as Assignee of Chase,

                                                         Defendants.
                             anna.                                        X

                      Abraham Hoschander, pursuant to CPLR 2106, and under the penalties of
            perjury, affirms as follows:


                      1. | am the Attorney for E 28 St Realty Inc. (hereinafter “realty”) successor in
            interest to Defendant Jules Paul Bouloute (hereinafter "Defendant”) in the above-
            captioned action. The Premises which is the subject of the within action is their lifetime
            home located at and known as 253 East 28" Street, Brooklyn, New York 11226 (the
            “Premises”).


                      2. | make this Affirmation in support of the within Order to Show Cause and the
            TRO for a stay contained herein.


                      3. | annex this Affirmation of Emergency to my motion papers since Plaintiff
            intends to sell the property at public auction this Thursday, July 27, 2017. Annexed




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(FILED: KINGS COUNTY CLERK 0772672017 I1I:10 AM                                                      INDEX        NO.   503433/2012
NYSCEF   DOC.     NO.    46                                                                RECEIVED       NYSCEF:        07/26/2017




                hereto as EXHIBIT A is a copy of the Notice of Sale.


                         4. The sale of the Property during the pendency of the Order to Show Cause
                would complicate matters significantly since it is quite possible that a potential Buyer will
                have tendered     a deposit to the Referee or may have closed the Property only to have

                the matter reversed should Realty’s within Order to Show Cause be granted.


                         5. Furthermore, the sale is being held in violation of both RPAPL §1304 and the
                newly enacted RPAPL §1351(1) resulting in a possible loss of the property in violation
                of the law and without due process.


                         6. In light of the foregoing, it is urgent that the sale be stayed here and now
                pending the hearing of this Order to Show Cause.


                         7. No prior application has been made for the relief herein requested.


                         WHEREFORE, the Plaintiff respectfully requests that the relief requested in the
            within Order to Show Cause be granted in its entirety and for such other and further
                relief as this Honorable Court deems just, proper and equitable.


                Dated:          Brooklyn, New York
                                July 25, 2017


                                                                                  LE
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                                                                                                     tz   Bre,e   EEZi
                                                                               Abraham Hoschander, Esq.




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