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INDEX NO. 703103/2012 |
NYSCEF BOC. NO. 44 RECEIVED NYSCEF: 09/17/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
wee nn nn nnn nen
Wells Fargo Bank, N.A., as Trustee for the
Certificateholders of the MLMI Trust, Mortgage Loan
Asset-Backed Certificates, Series 2005-FM1
AMENDED COMPLAINT
Plaintiff,
- against -
Bharat Sevashram Sangha of North America, N.Y. Inc.,
Gaindawattie Persaud, if living and if she be dead, any
and all persons who are spouses, widows, grantees,
mortgagees, lienor, heirs, devisees, distributees, or
successors in interest of such of the above as may be
dead, and their spouses, heirs devisees, distributees and
successors in interest, all of whom and whose names and
places of residence are unknown to Plaintiff, Mortgage
Electronic Registration Systems, Inc., acting solely as a
nominee for Fremont Investment & Loan, New York
City Environmental Control Board, New York City
Parking Violations Bureau, New York City Transit
Adjudication Bureau, New York State Department of
Taxation and Finance, United States of America-Internal
Revenue Service, "John" Singh and Bharat Sevashram.
Sangha
Defendants.
eno ae nea -- +--+ +--+ ----+--+ +--+ -- +--+ +--+ --------- +--+
The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,
complaining of the defendants herein allege, upon information and belief, as follows:
AS A FIRST CAUSE OF ACTION
1 The plaintiff, Wells Fargo Bank, N.A., as Trustee for the Certificateholders of the MLMI
Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-FM1, at all times hereinafter
mentioned was and still is a National Association organized under the laws of the United States
of America.
2. On or about April 15, 2005, Gaindawattie Persaud (hereinafter "mortgagor") executed
and delivered to Fremont Investment & Loan a note dated April 15, 2005, whereby Gaindawattie
Persaud promised to pay the principal sum of $404,124.00.
3 On or about April 15, 2005, Gaindawattie Persaud executed and delivered to Mortgage
Electronic Registration Systems, Inc., acting solely as a nominee for Fremont Investment &
Loan, a mortgage (hereinafter "mortgage") in the principal sum of $404,124.00, with interest,
mortgaging the premises known as 91-23 116th Street, Richmond Hill, NY 11418 (hereinafter
"premises") as collateral security for the note. The mortgaged premises is more fully described
in EXHIBIT "A" annexed hereto.
4 The mortgage was duly recorded in the Office of the City Register of the City of New
York on May 4, 2005, in CRFN 2005000258794, and the recording tax was duly paid.
5 Plaintiff is in possession of the original note with a proper endorsement and/or allonge
and is therefore, the holder of both the note and mortgage, which passes as incident to the note.
6 Pursuant to the note, Gaindawattie Persaud promised to make consecutive monthly
payments of principal and interest each month, in accordance with the terms of the note,
commencing June 1, 2005, and on the first day of each succeeding month up to and including
May 1, 2035, when the entire principal amount and accrued interest shall be due and payable.
7 Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee
can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold
payments or ground rents (if any), hazard insurance and mortgage insurance.
8 The mortgage further provides that in case of default in the payment of any principal or
interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage
could declare the entire indebtedness secured by the mortgage immediately due and payable, and
the holder of the mortgage is empowered to sell the mortgaged premises according to law.
9. Gaindawattie Persaud failed to comply with the terms, covenants and conditions of said
note and mortgage by failing and omitting to pay, to the plaintiff, payments due on March 1,
2010, and said default has continued for a period in excess of fifteen (15) days.
10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby
elect to declare the entire principal balance to be due and owing.
11. There is now due and owing to the plaintiff under said note and mortgage the principal
sum of $379,803.67, with interest thereon from February 1, 2010, plus late charges if applicable
pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendants
and any other charges due and owing pursuant to the terms of the note and mortgage.
12, Plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of payment after the date of commencement of this action of any or
all of the defaults mentioned herein, and such election shall continue and remain effective.
13. In order to protect its security, the plaintiff may be compelled, during the pendency of this
action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water
charges and sewer rents which are or may become liens on the mortgaged premises, and other
charges which may be necessary for the protection of the mortgaged premises, and the plaintiff
prays that any sum or sums so paid, together with interest from the date of payments, shall be
added to the plaintiff's claim and be deemed secured by said note and mortgage and adjudged a
valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with
interest thereon, out of the proceeds of the sale of the mortgaged premises.
14. Upon information and belief all the defendants herein have or claim to have some interest
in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has
accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated
to plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants
is set forth in EXHIBIT "B" that is attached to this complaint.
15 There are no pending proceedings at law or otherwise to collect or enforce said note
and mortgage.
16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules
and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable.
17. Upon information and belief, plaintiff has complied with the provisions of Real Property
Actions and Proceedings Law §1304 and §1306 unless exempt from doing so.
18. The plaintiff is now the owner and holder of the said note and mortgage securing the
same or has been delegated the authority to institute a mortgage foreclosure action by the owner
and holder of the subject mortgage and note or is the holder of the note and mortgage and has
been delegated the authority to institute a mortgage foreclosure action by the owner of the note
and mortgage.
19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has
been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or
delegation of authority by the owner of the subject note and mortgage.
20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the
premises consists of more than one parcel, plaintiff respectfully requests that the judgment of
foreclosure provide for the parcels to be sold as one parcel.
21. The sale of the mortgaged premises under foreclosure herein is subject to any state of
facts that an inspection of the premises would disclose, any state of facts an accurate survey
would show, and to covenants, restrictions and easements, if any, of record affecting said
mortgaged premises and any violation thereof, any equity of redemption of the United States of
America to redeem the premises within 120 days from the date of sale, prior mortgages and liens
of record, if any, any rights of tenants or persons in possession of the subject premises, and to
zoning regulations and ordinances of the city, town or village in which said mortgaged premises
lies and any violations thereof.
22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises
either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s)
not be merged in plaintiffs cause(s) of action set forth in this Complaint, but that plaintiff shall
be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any
independent action(s) or proceeding(s), including, without limitation, any surplus money
proceedings.
AS AND FOR A SECOND CAUSE OF ACTION
23. The plaintiff repeats and realleges each and every allegation contained in paragraphs
designated 1 through 22.
24, The mortgage provides that in the event of default, the plaintiff may recover all costs,
including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing
any action to protect its interest in the premises, including foreclosure of the mortgage.
WHEREFORE, the plaintiff demands judgment against the defendants as follows:
a) That the defendants and all persons claiming under them or any of them,
subsequent to the commencement of this action and to the filing of the Notice of Pendency of this
action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises;
b) That the mortgaged premises be sold in one parcel according to law subject to any
state of facts an accurate survey would show, any covenants, easements, encroachments,
reservations, and restrictions, violations and agreements of record, zoning regulations and
ordinances of the-city, town, or village; wherein the premises is located, any state of facts a
physical inspection will disclose, rights of tenants and other persons in possession of the
mortgaged premises, prior judgments, liens and mortgages of record and any and all rights of the
United States of America to redeem the subject premises;
¢) That the premises be sold in accordance with Title 28, Section 2410 of the United
State Code preserving all rights of redemption, if any, of the United States of America;
d) That the monies received from the sale be brought into Court and that plaintiff be
paid the amount adjudged to be due it with interest thereon to the time of such payment, together
with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges
and sewer rents, insurance premiums, sums expended for the protection or preservation of the
property, together with attorneys' fees as demanded in the second cause of action, the costs and
disbursements of this action and any other necessary expenses to protect the lien of the mortgage
to the extent that the amount of such monies applicable thereto will pay the same;
e) That this Court, if requested, appoint a receiver of the rents and profits of said
premises, during the pendency of this action with the usual powers and duties;
f) That the defendant obligated under the note, Gaindawattie Persaud, be adjudged to
pay any deficiency which may remain after applying all of such monies as aforesaid in
accordance with the law and provided that plaintiff have execution therefore, unless the debt has
been discharged in a Bankruptcy petition or that said defendant obligated under the note have
been relieved of responsibility for any such deficiency.
g) That in the event plaintiff possesses any other lien(s) against said mortgaged
premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such
other lien(s) shall not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but
that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination or priority
thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus
money proceedings;
h) That plaintiff have such other and further relief in the mortgaged premises as may
be just and equitable
Dated: Williamsville, New York
2014
Frenkel, Lambert, Weiss, ‘eisman & Gordon, LLP
By: Lz
StephefiJ. Wallace, Esq.
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-049565-F00
CERTIFICATION BY ATTORNEY
Stephen J. Wallace, Esq., an attorney duly admitted to practice law before the Courts of
the State of New York, 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: Williamsville, New York
Febru v » 2014
St m J. Wallace, Esq.
Frenkel, Lambert, Weiss, Weisman & Gordon, LLP
Exhibit “A”
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EXHIBITA
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being al Richmond Hill, Fourh Ward of the Borough and County of Queens, City and
State of New York, known as lot number 2038, and the northerly one-half of lot 2039 in block 16 on a
certain map entitled,
"Map of 254 Jots, property of William Ziegler, Esq.. being an addition on the west to Morris Park,
Queens County, L1., surveyed November 1892, by R.L. Williams, C.E. 185 Montague Street, Brooklyn,
New York,” and filed in the Office of the Clerk, now Register, of the County of Queens on June 17,
1893, and more particularly bounded and described as foliows:
BEGINNING at a point on the easterly side of 116° Street, formerly Jefferson Avenue, distant 210 feet
(deed) (210.19 actual) southerly from the comer formed by the intersection of the said easterly side of
116” Street, with the southerly side of 91" Avenue, formerly Fulton Avenue:
RUNNING THENCE easterly parallel with $1" Avenue, 92 feet (deed) (92.11 actual}:
THENCE southerly and parallel with 116” Street, 30 feet (deed} (30.03 actual):
THENCE westerly again paralie! with 91" Avenue, 92 feet (deed) (92.11 actual) to the said easterly
side of 116" Street;
THENCE northerly along the said easterly side of 116” Street, 30 feet (deed) (30.03 actual} to the pomt
or place of BEGINNING.
TOGETHER with the benefits and subject to the burdens of a certain right of way easement recorded in
Liber 2453 CP. 98 and repeated in Liber 2453 CP 99.
Exhibit “B”
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DEFENDANT LIST
Party Name Description
Gaindawattie Persaud Obligor/Mortgagor/Owner
Bharat Sevashram Sangha of North Owner
America, N.Y. Inc.
Mortgage Electronic Registration Systems, Holder of a subordinate mortgage on the subject
Inc., acting solely as a nominee for premises. Said mortgage recorded May 4, 2005,
Fremont Investment & Loan in CRFN 2005000258795.
New York City Environmental Control Holder of Judgment(s) against the property
Board being foreclosed herein. Said lien is more
particularly described in Exhibit "C" annexed
hereto.
New York City Parking Violations Bureau Holder of Judgment(s) against the property
being foreclosed herein. Said lien is more
particularly described in Exhibit "C" annexed
hereto.
New York State Department of Taxation Holder of Judgment(s) against the property
and Finance being foreclosed herein. Said lien is more
particularly described in Exhibit "C" annexed
hereto. Possible judgment creditor in the event of unpaid
New York State estat taxes,
New York City Transit Adjudication. Holder of possible Jui lgment(s) against the
Bureau property being foreclosed herein.
United States of America - Possible judgment creditor in the event of any unpaid
Internal Revenue Service Federal estate taxes.
"John" Singh Resides at subject premises.
Bharat Sevashram Sangha Resides at subject premises.
Exhibit “C”
soot soammerravas ae
CC Environmental Control Board (12) BOOK DATE 10/31/11
Key Docket Debtor Amount Sat
0148289525 10/06 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00
11418
0150165410 07/06 PERSAUD GAINDAWATT I 91-23 116 STREET RICHMOND HILL $300.00
NY 11418
0150168141 07/06 PERSAUD GAIN DAWATTI 91-23 116 STREET RICHMOND HILL $300.00
NY 11418
co oysoage252 04/06 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY
11418
$300.00
0156715076 04/07 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00
11418
0156954638 04/07 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00
11418
0157248722 04/07 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00
11418
034575307N 04/08 PERSAUD GAINDAWATTI 91-23 116 STREET QNS NY 11418 $500.00
034594459X 07/08 PERSAUD GAINDAWATTI 91-23 116 STREET QNS NY 11418 $2,500.00
0406208162 01/08 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00
11418
042841 109L 04/09 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00
11418
"042850 125XK 10/07 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00
11418 /
ve cr vseeen saeneane ciate ccemnenneeee seorocrce soe coomesagennnnnennn onan
County Clerk Judgements (1)
Key Source Index Filed Date Perfected Date Block Lot Amount
4F 00158858701 110727 st 41E027079731 07/27/11 07/23/11 $28,209°86
Debtor SURUJNARINE LAKSHMAN 12930 101ST AVE S RICHMOND HL NY 114
Creditor NY STATE DEP'T OF TAXATION AND FINANCE 00000
Comments 07271]-LAKSHMAN SURUJNARINE INDIVIDUALLY AND AS A RESPONSIBLE PERSON O
072711-EC CONSTRUCTION AND METAL INC
072711-12930 101ST AVE ,
072711-S RICHMOND HL , NY US 11419-1518
(3) BOOK DATE 10/31/11
Control Boardtal
CCEnvironmen
Key Docket Debtor Amount Sat
0148053740 01/06 SURUJNARINE LAKSHMAN 372 CLEVELAND STREET $300.00
BROOKLYN NY 11208
0148498956 04/06 SURUJNARINE LAKSHMAN 372 CLEVELAND STREET $300.00
BROOKLYN NY 11208
24.$34859160M 11/10 SURUJNARINE LAKSHMAN 165-11 145 ROAD QNS NY 11434 $4,000.00...
sees soroctennstemnmmnneinnetaer sonerweneenn ee neni
CC Environmental Control Board (i) BOOK DATE 10/31/11
Key Docket Debtor Amount Sat
042242494M 11/10 SURUJNARINE SOMATTIE 129-36 101 AVENUE SOUTH $450.00
RICHMOND NY 11419
no ne ee i -
CC Environmental Control Board (4) BOOK DATE 10/31/11
Key Docket Debtor Amount Sat
0173432261 02/1 BHARAT SEVASHRAM SANGHA OF NOR 376 CLEVELAND $300.00
ST BROOKLYN NY 11208
0173432326 02/11 BHARAT SEVASHRAM SANGHA OF NOR 376 CLEVELAND $300.00
ST BROOKLYN NY 11208
040470839K 07/08 BHARAT SEVASHRM SNGH 103 17 ROCKAWAY $1,000.60
BOULEVARD OZONE PARK NY 1417
040843512H 07/10 BHARAT SEVASHRAM SANGHA OF NORTH AM 91-23 116 $300.00
STREET RICHMOND HILL NY 11418
ce Parking Violations (3) BOOK DATE 11/25/11
No. of
Plate Debtor Amount Interest Date
Tickets
64075JV BHARAT SEVASHRAM SANGHA OF NA NY INC $375 $106.27
10317 ROCKAWAY BLVD FAR
ROCKAWAYNY 11417
FHZ4473 BHARAT SEVESHRAM SANGHA NA NY INC 9123 $175 $1.94
116TH ST RICHMOND HILL NY11418
EKC3435 BHARAT SEVESHRAM SANGHA OF NA NY INC $525 $81.65
12930 101ST AVE RICHMOND HILL NY¥11419
CC Parking Violations (4) BOOK DATE 04/26/13
No. of
Plate Debtor Amount Interest Date
Tickets
64075JV BHARAT SEVASHRAM SANGHA, 5 $375 $154.12
OF NA NY INC 10317 ROCKAWAY
BLVD FAR ROCKAWAYNY11417
30045KA, BHARAT SEVASHRAM SANGHA. 2 $300 $7.89
OF NA NY INC 10317 ROCKAWAY
BLVD SOUTH OZONE PARNYII
FAP8681 BHARAT SEVASHRAM SANGHA, 1 $75 $.17
OF NA NY INC 9123 116TH ST
RICHMOND HILL NY11418
PXX6314 BHARAT SEVESHRAM SANGHA. 1 $175 $.09
OF NA NY INC 9123 116TH ST
RICHMOND HILL NY11418
scectensecnantcmcasnnasan monet: seersvece eee
sesenomecnamtiaesct
HELE FOR HOMEOWNERS IN FORECLOSURE
NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE
FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.
SUMMONS AND COMPLAINT
YOU ARE IN DANGER OF LOSING YOUR HOME. IF you FAIL TO RESPOND TO THE
SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE
YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU
SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID
OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF.
SOURCES OF INFORMATION AND ASSISTANCE
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agencies and non-profit organizations that you
may contact for information about possible options, including trying to work
with your lender during this process.
To locate an entity neer you, you may call the tollfree helpline maintained
by the New York State Department of Financial Services’ at 1-877-226-5697 or
ae st
visit the Department's websit @ at htto://www.dts.ny.Zov.
FORECLOSURE RESCUE SCAMS
Be careful of people who approach you with offers to "save" your home. There
are individuals who watch for notices of foreclosure actions in order to unfairly
any
profit from a homeowner's distress. You should be extremely careful about
such promises and any suggestions that you pay them a fee or sign over your
offering such services for profit to enter
deed. State law requires anyone
and fees they
into a contract which fully describes the services they will perform
you until
will charge, and which prohibits them from taking any money from
they have completed all such promised services.
§ 1303 NOTICE
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INDEX NO. 703103/2012 | NYSCEF BOC. NO. 44 RECEIVED NYSCEF: 09/17/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS wee nn nn nnn nen Wells Fargo Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-FM1 AMENDED COMPLAINT Plaintiff, - against - Bharat Sevashram Sangha of North America, N.Y. Inc., Gaindawattie Persaud, if living and if she be dead, any and all persons who are spouses, widows, grantees, mortgagees, lienor, heirs, devisees, distributees, or successors in interest of such of the above as may be dead, and their spouses, heirs devisees, distributees and successors in interest, all of whom and whose names and places of residence are unknown to Plaintiff, Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Fremont Investment & Loan, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, New York State Department of Taxation and Finance, United States of America-Internal Revenue Service, "John" Singh and Bharat Sevashram. Sangha Defendants. eno ae nea -- +--+ +--+ ----+--+ +--+ -- +--+ +--+ --------- +--+ The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, complaining of the defendants herein allege, upon information and belief, as follows: AS A FIRST CAUSE OF ACTION 1 The plaintiff, Wells Fargo Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-FM1, at all times hereinafter mentioned was and still is a National Association organized under the laws of the United States of America. 2. On or about April 15, 2005, Gaindawattie Persaud (hereinafter "mortgagor") executed and delivered to Fremont Investment & Loan a note dated April 15, 2005, whereby Gaindawattie Persaud promised to pay the principal sum of $404,124.00. 3 On or about April 15, 2005, Gaindawattie Persaud executed and delivered to Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Fremont Investment & Loan, a mortgage (hereinafter "mortgage") in the principal sum of $404,124.00, with interest, mortgaging the premises known as 91-23 116th Street, Richmond Hill, NY 11418 (hereinafter "premises") as collateral security for the note. The mortgaged premises is more fully described in EXHIBIT "A" annexed hereto. 4 The mortgage was duly recorded in the Office of the City Register of the City of New York on May 4, 2005, in CRFN 2005000258794, and the recording tax was duly paid. 5 Plaintiff is in possession of the original note with a proper endorsement and/or allonge and is therefore, the holder of both the note and mortgage, which passes as incident to the note. 6 Pursuant to the note, Gaindawattie Persaud promised to make consecutive monthly payments of principal and interest each month, in accordance with the terms of the note, commencing June 1, 2005, and on the first day of each succeeding month up to and including May 1, 2035, when the entire principal amount and accrued interest shall be due and payable. 7 Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgagee can collect and charge to the loan all amounts necessary to pay for taxes, assessments, leasehold payments or ground rents (if any), hazard insurance and mortgage insurance. 8 The mortgage further provides that in case of default in the payment of any principal or interest or any other terms, covenants or conditions of the mortgage, the holder of the mortgage could declare the entire indebtedness secured by the mortgage immediately due and payable, and the holder of the mortgage is empowered to sell the mortgaged premises according to law. 9. Gaindawattie Persaud failed to comply with the terms, covenants and conditions of said note and mortgage by failing and omitting to pay, to the plaintiff, payments due on March 1, 2010, and said default has continued for a period in excess of fifteen (15) days. 10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby elect to declare the entire principal balance to be due and owing. 11. There is now due and owing to the plaintiff under said note and mortgage the principal sum of $379,803.67, with interest thereon from February 1, 2010, plus late charges if applicable pursuant to the terms of the note and advances made by the plaintiff on behalf of the defendants and any other charges due and owing pursuant to the terms of the note and mortgage. 12, Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of payment after the date of commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective. 13. In order to protect its security, the plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum or sums so paid, together with interest from the date of payments, shall be added to the plaintiff's claim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 14. Upon information and belief all the defendants herein have or claim to have some interest in or lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated to plaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is set forth in EXHIBIT "B" that is attached to this complaint. 15 There are no pending proceedings at law or otherwise to collect or enforce said note and mortgage. 16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rules and regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable. 17. Upon information and belief, plaintiff has complied with the provisions of Real Property Actions and Proceedings Law §1304 and §1306 unless exempt from doing so. 18. The plaintiff is now the owner and holder of the said note and mortgage securing the same or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note or is the holder of the note and mortgage and has been delegated the authority to institute a mortgage foreclosure action by the owner of the note and mortgage. 19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/or delegation of authority by the owner of the subject note and mortgage. 20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premises consists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosure provide for the parcels to be sold as one parcel. 21. The sale of the mortgaged premises under foreclosure herein is subject to any state of facts that an inspection of the premises would disclose, any state of facts an accurate survey would show, and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises and any violation thereof, any equity of redemption of the United States of America to redeem the premises within 120 days from the date of sale, prior mortgages and liens of record, if any, any rights of tenants or persons in possession of the subject premises, and to zoning regulations and ordinances of the city, town or village in which said mortgaged premises lies and any violations thereof. 22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) not be merged in plaintiffs cause(s) of action set forth in this Complaint, but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. AS AND FOR A SECOND CAUSE OF ACTION 23. The plaintiff repeats and realleges each and every allegation contained in paragraphs designated 1 through 22. 24, The mortgage provides that in the event of default, the plaintiff may recover all costs, including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing any action to protect its interest in the premises, including foreclosure of the mortgage. WHEREFORE, the plaintiff demands judgment against the defendants as follows: a) That the defendants and all persons claiming under them or any of them, subsequent to the commencement of this action and to the filing of the Notice of Pendency of this action, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; b) That the mortgaged premises be sold in one parcel according to law subject to any state of facts an accurate survey would show, any covenants, easements, encroachments, reservations, and restrictions, violations and agreements of record, zoning regulations and ordinances of the-city, town, or village; wherein the premises is located, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens and mortgages of record and any and all rights of the United States of America to redeem the subject premises; ¢) That the premises be sold in accordance with Title 28, Section 2410 of the United State Code preserving all rights of redemption, if any, of the United States of America; d) That the monies received from the sale be brought into Court and that plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums, sums expended for the protection or preservation of the property, together with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this action and any other necessary expenses to protect the lien of the mortgage to the extent that the amount of such monies applicable thereto will pay the same; e) That this Court, if requested, appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; f) That the defendant obligated under the note, Gaindawattie Persaud, be adjudged to pay any deficiency which may remain after applying all of such monies as aforesaid in accordance with the law and provided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcy petition or that said defendant obligated under the note have been relieved of responsibility for any such deficiency. g) That in the event plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; h) That plaintiff have such other and further relief in the mortgaged premises as may be just and equitable Dated: Williamsville, New York 2014 Frenkel, Lambert, Weiss, ‘eisman & Gordon, LLP By: Lz StephefiJ. Wallace, Esq. Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-049565-F00 CERTIFICATION BY ATTORNEY Stephen J. Wallace, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, 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: Williamsville, New York Febru v » 2014 St m J. Wallace, Esq. Frenkel, Lambert, Weiss, Weisman & Gordon, LLP Exhibit “A” en oe enn a EXHIBITA ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being al Richmond Hill, Fourh Ward of the Borough and County of Queens, City and State of New York, known as lot number 2038, and the northerly one-half of lot 2039 in block 16 on a certain map entitled, "Map of 254 Jots, property of William Ziegler, Esq.. being an addition on the west to Morris Park, Queens County, L1., surveyed November 1892, by R.L. Williams, C.E. 185 Montague Street, Brooklyn, New York,” and filed in the Office of the Clerk, now Register, of the County of Queens on June 17, 1893, and more particularly bounded and described as foliows: BEGINNING at a point on the easterly side of 116° Street, formerly Jefferson Avenue, distant 210 feet (deed) (210.19 actual) southerly from the comer formed by the intersection of the said easterly side of 116” Street, with the southerly side of 91" Avenue, formerly Fulton Avenue: RUNNING THENCE easterly parallel with $1" Avenue, 92 feet (deed) (92.11 actual}: THENCE southerly and parallel with 116” Street, 30 feet (deed} (30.03 actual): THENCE westerly again paralie! with 91" Avenue, 92 feet (deed) (92.11 actual) to the said easterly side of 116" Street; THENCE northerly along the said easterly side of 116” Street, 30 feet (deed) (30.03 actual} to the pomt or place of BEGINNING. TOGETHER with the benefits and subject to the burdens of a certain right of way easement recorded in Liber 2453 CP. 98 and repeated in Liber 2453 CP 99. Exhibit “B” ms een sesame cemasonnnere coceecn DEFENDANT LIST Party Name Description Gaindawattie Persaud Obligor/Mortgagor/Owner Bharat Sevashram Sangha of North Owner America, N.Y. Inc. Mortgage Electronic Registration Systems, Holder of a subordinate mortgage on the subject Inc., acting solely as a nominee for premises. Said mortgage recorded May 4, 2005, Fremont Investment & Loan in CRFN 2005000258795. New York City Environmental Control Holder of Judgment(s) against the property Board being foreclosed herein. Said lien is more particularly described in Exhibit "C" annexed hereto. New York City Parking Violations Bureau Holder of Judgment(s) against the property being foreclosed herein. Said lien is more particularly described in Exhibit "C" annexed hereto. New York State Department of Taxation Holder of Judgment(s) against the property and Finance being foreclosed herein. Said lien is more particularly described in Exhibit "C" annexed hereto. Possible judgment creditor in the event of unpaid New York State estat taxes, New York City Transit Adjudication. Holder of possible Jui lgment(s) against the Bureau property being foreclosed herein. United States of America - Possible judgment creditor in the event of any unpaid Internal Revenue Service Federal estate taxes. "John" Singh Resides at subject premises. Bharat Sevashram Sangha Resides at subject premises. Exhibit “C” soot soammerravas ae CC Environmental Control Board (12) BOOK DATE 10/31/11 Key Docket Debtor Amount Sat 0148289525 10/06 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00 11418 0150165410 07/06 PERSAUD GAINDAWATT I 91-23 116 STREET RICHMOND HILL $300.00 NY 11418 0150168141 07/06 PERSAUD GAIN DAWATTI 91-23 116 STREET RICHMOND HILL $300.00 NY 11418 co oysoage252 04/06 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY 11418 $300.00 0156715076 04/07 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00 11418 0156954638 04/07 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00 11418 0157248722 04/07 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00 11418 034575307N 04/08 PERSAUD GAINDAWATTI 91-23 116 STREET QNS NY 11418 $500.00 034594459X 07/08 PERSAUD GAINDAWATTI 91-23 116 STREET QNS NY 11418 $2,500.00 0406208162 01/08 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00 11418 042841 109L 04/09 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00 11418 "042850 125XK 10/07 PERSAUD GAINDAWATTI 91-23 116 STREET RICHMOND HILL NY $300.00 11418 / ve cr vseeen saeneane ciate ccemnenneeee seorocrce soe coomesagennnnnennn onan County Clerk Judgements (1) Key Source Index Filed Date Perfected Date Block Lot Amount 4F 00158858701 110727 st 41E027079731 07/27/11 07/23/11 $28,209°86 Debtor SURUJNARINE LAKSHMAN 12930 101ST AVE S RICHMOND HL NY 114 Creditor NY STATE DEP'T OF TAXATION AND FINANCE 00000 Comments 07271]-LAKSHMAN SURUJNARINE INDIVIDUALLY AND AS A RESPONSIBLE PERSON O 072711-EC CONSTRUCTION AND METAL INC 072711-12930 101ST AVE , 072711-S RICHMOND HL , NY US 11419-1518 (3) BOOK DATE 10/31/11 Control Boardtal CCEnvironmen Key Docket Debtor Amount Sat 0148053740 01/06 SURUJNARINE LAKSHMAN 372 CLEVELAND STREET $300.00 BROOKLYN NY 11208 0148498956 04/06 SURUJNARINE LAKSHMAN 372 CLEVELAND STREET $300.00 BROOKLYN NY 11208 24.$34859160M 11/10 SURUJNARINE LAKSHMAN 165-11 145 ROAD QNS NY 11434 $4,000.00... sees soroctennstemnmmnneinnetaer sonerweneenn ee neni CC Environmental Control Board (i) BOOK DATE 10/31/11 Key Docket Debtor Amount Sat 042242494M 11/10 SURUJNARINE SOMATTIE 129-36 101 AVENUE SOUTH $450.00 RICHMOND NY 11419 no ne ee i - CC Environmental Control Board (4) BOOK DATE 10/31/11 Key Docket Debtor Amount Sat 0173432261 02/1 BHARAT SEVASHRAM SANGHA OF NOR 376 CLEVELAND $300.00 ST BROOKLYN NY 11208 0173432326 02/11 BHARAT SEVASHRAM SANGHA OF NOR 376 CLEVELAND $300.00 ST BROOKLYN NY 11208 040470839K 07/08 BHARAT SEVASHRM SNGH 103 17 ROCKAWAY $1,000.60 BOULEVARD OZONE PARK NY 1417 040843512H 07/10 BHARAT SEVASHRAM SANGHA OF NORTH AM 91-23 116 $300.00 STREET RICHMOND HILL NY 11418 ce Parking Violations (3) BOOK DATE 11/25/11 No. of Plate Debtor Amount Interest Date Tickets 64075JV BHARAT SEVASHRAM SANGHA OF NA NY INC $375 $106.27 10317 ROCKAWAY BLVD FAR ROCKAWAYNY 11417 FHZ4473 BHARAT SEVESHRAM SANGHA NA NY INC 9123 $175 $1.94 116TH ST RICHMOND HILL NY11418 EKC3435 BHARAT SEVESHRAM SANGHA OF NA NY INC $525 $81.65 12930 101ST AVE RICHMOND HILL NY¥11419 CC Parking Violations (4) BOOK DATE 04/26/13 No. of Plate Debtor Amount Interest Date Tickets 64075JV BHARAT SEVASHRAM SANGHA, 5 $375 $154.12 OF NA NY INC 10317 ROCKAWAY BLVD FAR ROCKAWAYNY11417 30045KA, BHARAT SEVASHRAM SANGHA. 2 $300 $7.89 OF NA NY INC 10317 ROCKAWAY BLVD SOUTH OZONE PARNYII FAP8681 BHARAT SEVASHRAM SANGHA, 1 $75 $.17 OF NA NY INC 9123 116TH ST RICHMOND HILL NY11418 PXX6314 BHARAT SEVESHRAM SANGHA. 1 $175 $.09 OF NA NY INC 9123 116TH ST RICHMOND HILL NY11418 scectensecnantcmcasnnasan monet: seersvece eee sesenomecnamtiaesct HELE FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF you FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity neer you, you may call the tollfree helpline maintained by the New York State Department of Financial Services’ at 1-877-226-5697 or ae st visit the Department's websit @ at htto://www.dts.ny.Zov. FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly any profit from a homeowner's distress. You should be extremely careful about such promises and any suggestions that you pay them a fee or sign over your offering such services for profit to enter deed. State law requires anyone and fees they into a contract which fully describes the services they will perform you until will charge, and which prohibits them from taking any money from they have completed all such promised services. § 1303 NOTICE