Preview
FILED: SULLIVAN COUNTY CLERK 08/29/2018 02:50 PM INDEX NO. E2018-1740
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
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MTGLQ INVESTORS, LP,
Plaintiff, COMPLAINT
-against- INDEX NO.:
ZUMBER SELIMANJIN AKA ZUMBER SELIMAJ, FILED:
"JOHN DOE 1 to JOHN DOE 25", said names being
fictitious, the persons or parties intended being the persons,
parties, corporations or entities, if any, having or claiming
an interest in or lien upon the mortgaged premises
described in the complaint,
Defendants.
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Plaintiff, by its attorneys DRUCKMAN LAW GROUP PLLC, complaining of the
defendants, alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1. At all times hereinafter mentioned plaintiff was and still is a corporation having
an office for the conduct of business at c/o Selene Finance, LP, 9990 Richmoñd Avenue, Suite
400 South, Houston, Texas 77042-4546.
2. On or about June 6, 2006, ZUMBER SELIMAJ duly executed and delivered to
HSBC MORTGAGE CORPORATION (USA) a Note whereby he bound himself to pay the sum
of $200,000.00 with interest at the Note rate, or if applicable, subject to changes to the
according
terms of the Note and to pay to the entity entitled to enforce the Note, itssuccessors and assigns,
this sum together with the interest due as follows: By payments under the terms of the
aforementioned Note, until the principal and interest are paid in full.
3. As security for the payment of said Note, ZUMBER SELIMAJ executed,
acknowledged and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC AS NOMINEE FOR HSBC MORTGAGE CORPORATION (USA) a mortgage that was
recorded in the Office of the Clerk or Register of Sullivan County on June 22, 2007 in
Instrument #2007-00024071 and the mortgage tax was paid, whereby they mortgaged the
FILED IN SULLIVAN COUNTWCLERKS OFFICE 1 of8/29/2018
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/07/2021
hereinafter described real property to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC AS NOMINEE FOR HSBC MORTGAGE CORPORATION (USA).
Mortgage was assigned to HSBC BANK USA, N.A. by Assignment of Mortgage dated May 11,
2012 recorded with the Sullivan County Clerk on May 16, 2012 in Instrument #2012-3205.
Thereafter, mortgage was further assigned to FEDERAL NATIONAL MORTGAGE
ASSOCIATION by Assignment of Mortgage dated November 23, 2015 and recorded with the
Sullivan County Clerk on November 24, 2015 in Instrument #2015-8140. The loan was modified
by Loan Modification Agreement dated August 17, 2016 and as thereafter further modified by
Loan Modification Agreement dated November 17, 2017.
3A. Thereafter, the Mortgage was assigned to Plaintiff by an Assignment of Mortgage
dated March 7, 2018 and recorded with the Sullivan County Clerk on March 8, 2018 in
Instrument #2018-1721.
3B. The Plaintiff is the holder of the subject Note and Mortgage and has the authority
to institute a mortgage foreclosure action. The Plaintiff has designated Selene Finance, LP, as
servicer for the Plaintiff, pursuant to a Limited Power of Attorney.
3C. Upon information and belief, plaintiff has complied with all of the provisions of
section five hundred ninety-five-a of the banking law and any rules and regulations promulgated
thereunder, section six-1 or six-m of the banking law, and sections thirteen hundred four (90-Day
Notice) and thirteen hundred six (Banking Department) of the RPAPL.
3D. Pursuant to CPLR Rule 3408, the above-entitled action is a foreclosure action on
a residential Mortgage loan as such term is defined in RPAPL § 1304. Thus, a settlement
conference is necessary in this matter.
4. The Mortgage provides that in addition to principal and interest, the mortgagor
will deposit with the holder thereof monthly installments for the payment of taxes, water, sewer
charges and insurance premiums; and that a late charge may be assessed if any payments are late.
5. The Note provides that in the event borrower fails to make timely payments, the
borrower will be in default, and that if the holder has required immediate payment in full, the
holder will have the right to be reimbursed for all of its costs and expenses in enforcing the Note
attorneys'
including reasonable fees.
6. The Mortgage contains the same conditions as the Note in case of default and
provides that, at the option of the mortgagee, the unpaid principal balance together with accrued
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interest and all other amounts due pursuant to the terms of the Note and Mortgage shall become
due, and that plaintiff is empowered to sell said real property in one parcel and out of the moneys
generated from the sale to pay the amount due for principal, interest, and all other amounts due
pursuant to the terms of the Note and Mortgage together with the costs and expenses of this
action.
7. The mortgagors have failed to comply with the terms and conditions of said Note
and Mortgage and have defaulted by failing to pay $915.62 which became due on February 1,
2018 and by failing to pay the monthly payments which became due thereafter. These amounts
remain unpaid and plaintiff has demanded same in accordance with the loan documents, if
necessary.
8. There is now due plaintiff the principal amount of $227,057.34 with interest
thereon at the rate of 3.750 per cent per annum from January 1, 2018, and a deferred principal
balance of $82,027.46, along with all other amounts due pursuant to the terms of the Note and
Mortgage, together with the costs and expenses of this action. The plaintiff now declares the
entire amount due.
9. The defendants and each of them have or claim to have or may have some interest
or lien or claim upon the lands and premises covered by said mortgage or some part thereof, but
that said interest, lien or claim, if any, have accrued subsequeñt to such mortgage, and are and
each of them is subject and subordinate thereto.
25"
9A. That the Defendants "JOHN DOE 1 to JOHN DOE are joined as party
Defendants because they may be tenants/occupants, or may be in possession of the
aforementioned premises, or may be corporations, or other entities or persons who claim, or may
claim, a lien against the premises.
10. No other action or proceeding at law, in equity or otherwise was completed for
the recovery of any part of the principal or interest, secured by said Note and Mortgage.
11. Said premises and the title thereto are subject to any state of facts an accurate
survey would show; to all coveñants, restrictions, easements, agreements, reservations, and prior
liens, if any, of record and to any violations thereof; to the physical condition of any building or
structure as of the date of sale hereüñder; to building restrictions and zoning ordinances and to
any violations of the same.
12. The plaintiff shall not be deemed to have waived, altered, released or changed its
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demand for paymcat in full by reason of payment, after the date of the commencement of this
action, of any of the defaults mentioned herein; and such demand shall continue and remain
effective until the costs and disbursements of this action and any and allfuture defaults under the
Note and Mortgage occurring prior to a discontinuance of this action are fully paid.
13. The premises affected by and described in said mortgage are known as 159
YANKEE LAKE ROAD, WURTSBORO, NY 12790 as more fully described in SCHEDULE
"A"
annexed hereto.
AS AND FOR A SECOND CAUSE OF ACTION
14. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"1"
through "13".
15. That the mortgage recorded in Instrument #2007-00024071 contains a defective
bounds"
description in that itdoes not contain the correct "metes and description of the premises.
"A"
16. That the description attached hereto as Schedule contains the correct
description of the property and is the actual legal description for the mortgaged premises herein,
known as 159 YANKEE LAKE ROAD, WURTSBORO, NY 12790.
17. That the grantor, grantee, mortgagor and mortgagee agreed and intended that the
"A"
mortgage encompass the description of the premises described in Schedule and same be
issued and recorded.
18. As a result of the mutual agreement, plaintiff is entitled to a reformation of the
recorded mortgage to include the legal description contained in Schedule "A".
WHEREFORE, plaintiff demands judgment:
1. That the defendants herein and allpersons claiming under them, subsequent to the
commêñcement of this action and the filing of a notice of pendency, be barred and foreclosed of
all estate, right, title, interest, claim, lien and equity of redemption to the said mortgaged real
property; except the right of the United States of America and/or itspolitical subdivisions, if itbe
a party defendant to this action, to redeem as provided for by applicable law.
2. That the said real property may be decreed and ordered to be sold in one parcel
"11"
according to law, subject to the provisions of paragraph above; that the moneys generated
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/07/2021
from the sale be disbursed as follows: to the plaintiff the amount due on said Note and Mortgage,
with interest as set forth to the time of such payment, together with any amount advanced for
taxes, water charges, sewer rent, insurance or to protect the validity of the mortgage or the
condition of the property; together with the costs and expenses of such sale; the costs, allowances
attorneys'
and disbursements of this action; reasonable fees; and all other charges and liens
thereon to be paid, with interest from the dates of the respective payments and advances, so far
as the amount of such moneys properly applicable thereto will pay the same.
3. That the defendants ZUMBER SELIMAJ be adjudged to pay any deficiency,
which may remain after applying all of said moneys so applicable thereto, so long as the personal
liability for said debt was not discharged in bankruptcy.
4. That during the pendency of this action, a Receiver of rents, issues and profits of
the said mortgaged premises be appointed with the usual powers of such Receivers.
5. That the plaintiff be awarded such other, further and different relief in the real
property and otherwise as may be just and equitable.
6. That the mortgage is hereby deemed reformed to reflect the correct legal
"A"
description of the aforementioned property as shown in Schedule attached.
Stuart L. DruolÊman, Esq.
DRUCKMAN LAW GROUP PLLC
Attorneys for Plaintiff
242 Drexel Avenue
Westbury, NY 11590
(516) 876-0800
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Preview
FILED: SULLIVAN COUNTY CLERK 08/29/2018 02:50 PM INDEX NO. E2018-1740 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN - -- ---------------- - - -- - - -- - - -- - - -- - - -- - -X MTGLQ INVESTORS, LP, Plaintiff, COMPLAINT -against- INDEX NO.: ZUMBER SELIMANJIN AKA ZUMBER SELIMAJ, FILED: "JOHN DOE 1 to JOHN DOE 25", said names being fictitious, the persons or parties intended being the persons, parties, corporations or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. - -- - - ---- -- - -- - ------ - -- - -- - -- - - -- - - - -- - -X Plaintiff, by its attorneys DRUCKMAN LAW GROUP PLLC, complaining of the defendants, alleges: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times hereinafter mentioned plaintiff was and still is a corporation having an office for the conduct of business at c/o Selene Finance, LP, 9990 Richmoñd Avenue, Suite 400 South, Houston, Texas 77042-4546. 2. On or about June 6, 2006, ZUMBER SELIMAJ duly executed and delivered to HSBC MORTGAGE CORPORATION (USA) a Note whereby he bound himself to pay the sum of $200,000.00 with interest at the Note rate, or if applicable, subject to changes to the according terms of the Note and to pay to the entity entitled to enforce the Note, itssuccessors and assigns, this sum together with the interest due as follows: By payments under the terms of the aforementioned Note, until the principal and interest are paid in full. 3. As security for the payment of said Note, ZUMBER SELIMAJ executed, acknowledged and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR HSBC MORTGAGE CORPORATION (USA) a mortgage that was recorded in the Office of the Clerk or Register of Sullivan County on June 22, 2007 in Instrument #2007-00024071 and the mortgage tax was paid, whereby they mortgaged the FILED IN SULLIVAN COUNTWCLERKS OFFICE 1 of8/29/2018 5 FILED: SULLIVAN COUNTY CLERK 08/29/2018 02:50 PM INDEX NO. E2018-1740 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/07/2021 hereinafter described real property to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR HSBC MORTGAGE CORPORATION (USA). Mortgage was assigned to HSBC BANK USA, N.A. by Assignment of Mortgage dated May 11, 2012 recorded with the Sullivan County Clerk on May 16, 2012 in Instrument #2012-3205. Thereafter, mortgage was further assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION by Assignment of Mortgage dated November 23, 2015 and recorded with the Sullivan County Clerk on November 24, 2015 in Instrument #2015-8140. The loan was modified by Loan Modification Agreement dated August 17, 2016 and as thereafter further modified by Loan Modification Agreement dated November 17, 2017. 3A. Thereafter, the Mortgage was assigned to Plaintiff by an Assignment of Mortgage dated March 7, 2018 and recorded with the Sullivan County Clerk on March 8, 2018 in Instrument #2018-1721. 3B. The Plaintiff is the holder of the subject Note and Mortgage and has the authority to institute a mortgage foreclosure action. The Plaintiff has designated Selene Finance, LP, as servicer for the Plaintiff, pursuant to a Limited Power of Attorney. 3C. Upon information and belief, plaintiff has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated thereunder, section six-1 or six-m of the banking law, and sections thirteen hundred four (90-Day Notice) and thirteen hundred six (Banking Department) of the RPAPL. 3D. Pursuant to CPLR Rule 3408, the above-entitled action is a foreclosure action on a residential Mortgage loan as such term is defined in RPAPL § 1304. Thus, a settlement conference is necessary in this matter. 4. The Mortgage provides that in addition to principal and interest, the mortgagor will deposit with the holder thereof monthly installments for the payment of taxes, water, sewer charges and insurance premiums; and that a late charge may be assessed if any payments are late. 5. The Note provides that in the event borrower fails to make timely payments, the borrower will be in default, and that if the holder has required immediate payment in full, the holder will have the right to be reimbursed for all of its costs and expenses in enforcing the Note attorneys' including reasonable fees. 6. The Mortgage contains the same conditions as the Note in case of default and provides that, at the option of the mortgagee, the unpaid principal balance together with accrued 2 of 5 FILED: SULLIVAN COUNTY CLERK 08/29/2018 02:50 PM INDEX NO. E2018-1740 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/07/2021 interest and all other amounts due pursuant to the terms of the Note and Mortgage shall become due, and that plaintiff is empowered to sell said real property in one parcel and out of the moneys generated from the sale to pay the amount due for principal, interest, and all other amounts due pursuant to the terms of the Note and Mortgage together with the costs and expenses of this action. 7. The mortgagors have failed to comply with the terms and conditions of said Note and Mortgage and have defaulted by failing to pay $915.62 which became due on February 1, 2018 and by failing to pay the monthly payments which became due thereafter. These amounts remain unpaid and plaintiff has demanded same in accordance with the loan documents, if necessary. 8. There is now due plaintiff the principal amount of $227,057.34 with interest thereon at the rate of 3.750 per cent per annum from January 1, 2018, and a deferred principal balance of $82,027.46, along with all other amounts due pursuant to the terms of the Note and Mortgage, together with the costs and expenses of this action. The plaintiff now declares the entire amount due. 9. The defendants and each of them have or claim to have or may have some interest or lien or claim upon the lands and premises covered by said mortgage or some part thereof, but that said interest, lien or claim, if any, have accrued subsequeñt to such mortgage, and are and each of them is subject and subordinate thereto. 25" 9A. That the Defendants "JOHN DOE 1 to JOHN DOE are joined as party Defendants because they may be tenants/occupants, or may be in possession of the aforementioned premises, or may be corporations, or other entities or persons who claim, or may claim, a lien against the premises. 10. No other action or proceeding at law, in equity or otherwise was completed for the recovery of any part of the principal or interest, secured by said Note and Mortgage. 11. Said premises and the title thereto are subject to any state of facts an accurate survey would show; to all coveñants, restrictions, easements, agreements, reservations, and prior liens, if any, of record and to any violations thereof; to the physical condition of any building or structure as of the date of sale hereüñder; to building restrictions and zoning ordinances and to any violations of the same. 12. The plaintiff shall not be deemed to have waived, altered, released or changed its 3 of 5 FILED: SULLIVAN COUNTY CLERK 08/29/2018 02:50 PM INDEX NO. E2018-1740 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/07/2021 demand for paymcat in full by reason of payment, after the date of the commencement of this action, of any of the defaults mentioned herein; and such demand shall continue and remain effective until the costs and disbursements of this action and any and allfuture defaults under the Note and Mortgage occurring prior to a discontinuance of this action are fully paid. 13. The premises affected by and described in said mortgage are known as 159 YANKEE LAKE ROAD, WURTSBORO, NY 12790 as more fully described in SCHEDULE "A" annexed hereto. AS AND FOR A SECOND CAUSE OF ACTION 14. Plaintiff repeats and realleges each and every allegation contained in paragraphs "1" through "13". 15. That the mortgage recorded in Instrument #2007-00024071 contains a defective bounds" description in that itdoes not contain the correct "metes and description of the premises. "A" 16. That the description attached hereto as Schedule contains the correct description of the property and is the actual legal description for the mortgaged premises herein, known as 159 YANKEE LAKE ROAD, WURTSBORO, NY 12790. 17. That the grantor, grantee, mortgagor and mortgagee agreed and intended that the "A" mortgage encompass the description of the premises described in Schedule and same be issued and recorded. 18. As a result of the mutual agreement, plaintiff is entitled to a reformation of the recorded mortgage to include the legal description contained in Schedule "A". WHEREFORE, plaintiff demands judgment: 1. That the defendants herein and allpersons claiming under them, subsequent to the commêñcement of this action and the filing of a notice of pendency, be barred and foreclosed of all estate, right, title, interest, claim, lien and equity of redemption to the said mortgaged real property; except the right of the United States of America and/or itspolitical subdivisions, if itbe a party defendant to this action, to redeem as provided for by applicable law. 2. That the said real property may be decreed and ordered to be sold in one parcel "11" according to law, subject to the provisions of paragraph above; that the moneys generated 4 of 5 FILED: SULLIVAN COUNTY CLERK 08/29/2018 02:50 PM INDEX NO. E2018-1740 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/07/2021 from the sale be disbursed as follows: to the plaintiff the amount due on said Note and Mortgage, with interest as set forth to the time of such payment, together with any amount advanced for taxes, water charges, sewer rent, insurance or to protect the validity of the mortgage or the condition of the property; together with the costs and expenses of such sale; the costs, allowances attorneys' and disbursements of this action; reasonable fees; and all other charges and liens thereon to be paid, with interest from the dates of the respective payments and advances, so far as the amount of such moneys properly applicable thereto will pay the same. 3. That the defendants ZUMBER SELIMAJ be adjudged to pay any deficiency, which may remain after applying all of said moneys so applicable thereto, so long as the personal liability for said debt was not discharged in bankruptcy. 4. That during the pendency of this action, a Receiver of rents, issues and profits of the said mortgaged premises be appointed with the usual powers of such Receivers. 5. That the plaintiff be awarded such other, further and different relief in the real property and otherwise as may be just and equitable. 6. That the mortgage is hereby deemed reformed to reflect the correct legal "A" description of the aforementioned property as shown in Schedule attached. Stuart L. DruolÊman, Esq. DRUCKMAN LAW GROUP PLLC Attorneys for Plaintiff 242 Drexel Avenue Westbury, NY 11590 (516) 876-0800 5 of 5