Preview
At an Ex Parte Term of the
Supreme Court held in and for
the County of KINGS,
New York on the
___ day of ,201_.
PRESENT: HON.
SUPREME COURT JUSTICE
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
WILMINGTON SAVINGS FUND SOCIETY, FSB,
D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY
BUT AS TRUSTEE FOR HILLDALE TRUST,
Plaintiff,
-vs-
ORDER TO AMEND
FREDERICK E. SMITH A/K/A FREDERICK SMITH;
THE BROOKLYN GROUP, LLC; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW YORK
CITY TRANSIT ADJUDICATION BUREAU;
DOE" DOE"
"JOHN AND "JANE said Index No. 521631/2018
names being fictitious, itbeing the intention of
Plaintiff to designate any and alloccupants of
premises being foreclosed herein,
Defendants.
UPON the reading and filing of the Affirmation dated the
1 day of December, 2018,
together with attached exhibits, the Notice of Pendency, Summons and Complaint heretofore
filed herein, the proposed Amended Notice of Pendency, Supplemental Summons and Amended
Complaint.
NOW, upon motion of Fein, Such & Crane, LLP, attorneys for the plaintiff, itis hereby
ORDERED, that the plaintiff's order to amend the Notice of Pendency, Amend the
Complaint and issue Supplemental Summons is hereby granted; and it isfurther
ORDERED, that the Summons, Complaint and Notice of Pendency heretofore filed be
"B"
amended in conformance herewith the documents contained in Exhibit hereof, to reflect the
amended caption, which shall read as follows:
WILMINGTON SAVINGS FUND SOCIETY, FSB,
D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY
BUT AS TRUSTEE FOR HILLDALE TRUST,
Plaintiff,
-vs-
FREDERICK E. SMITH A/K/A FREDERICK SMITH;
THE BROOKLYN GROUP, LLC; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW YORK
CITY TRANSIT ADJUDICATION BUREAU; NEW YORK
CITY PARKING VIOLATIONS BUREAU;
DOE" DOE"
"JOHN AND "JANE said
names being fictitious, itbeing the intention of
Plaintiff to designate any and alloccupants of premises
being foreclosed herein,
Defendants.
ORDERED, that the plaintiff shall file the Amended Notice of Pendency, Supplemental
Summons and Amended Complaint within thirty (30) days from the date hereof; and itis further
ORDERED, that the first service of the amended papers on one of the defendants shall
take place within thirty (30) days of their filing and that the filing of the Amended Notice of
Pendency shall thereupon be effective in accordance with CPLR 6512; and itis further
ORDERED, that service of all amended pleadings shall be completed within 120 days
from their filing in the KINGS County Clerk's Office.
DATED: , 201 ENTER:
HON.
SUPREME COURT JUSTICE
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
WILMINGTON SAVINGS FUND SOCIETY, FSB,
D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY
BUT AS TRUSTEE FOR HILLDALE TRUST,
Plaintiff,
-vs- ATTORNEY
AFFIDAVIT
FREDERICK E. SMITH A/K/A FREDERICK SMITH;
THE BROOKLYN GROUP, LLC; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW YORK
CITY TRANSIT ADJUDICATION BUREAU;
DOE" DOE"
"JOHN AND "JANE said Index No. 521631/2018
names being fictitious, itbeing the intention of
Plaintiff to designate any and alloccupants of
premises being foreclosed herein,
Defendants.
STATE OF NEW YORK
COUNTY OF MONROE ss:
I, Mark K. Broyles, attorney and counselor at law, duly admitted before the Courts of the
State of New York, affirm pursuant to N.Y.C.P.L.R. § 2106 that under penalty of perjury, the
following is true:
1. I am an attorney duly admitted to practice law in the State of New York and am one of
the attorneys of record for the plaintiff herein. As such, I am fully familiar with all
relevant facts and prior pleadings heretofore had herein.
2. The Summons, Complaint and Notice of Pendency in the herein action were filed with
the KINGS County Clerk's Office on October 26, 2018. True copies are annexed hereto
as Exhibit "B".
3. That the defendants, Frederick E. Smith a/k/a Frederick Smith, gave their mortgage to
Mortgage Electronic Registration Systems, Inc. MERS acting solely as a nominee for
Credit Suisse First Boston Financial Corporation, said mortgage being dated February 7,
2005, and filed with the KINGS County Clerk's Office on March 10, 2005, in CRFN
2005000141000, as assigned, to reflect a new principal balance of $236,123.28. A copy
"B."
of said Loan Modification Agreement is attached hereto as Schedule Said Mortgage
was then further assigned to Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC,
its Trustee by virtue of an Assignment of Mortgage dated November 19, 2014, and
recorded in CRFN 20150000066864 in the Office of the City Register on February 26,
2015. A Loan Settlement Agreement was completed by Frederick E. Smith a/k/a
Frederick Smith, to modify the Mortgage recorded in CRFN 2005000141000, as
assigned and previously modified, to reflect a new principal balance of $275,000.00. A
"C."
copy of said Loan Settlement Agreement is attached hereto as Schedule Said
Mortgage was then further assigned to Plaintiff by virtue of an Assignment of Mortgage
dated October 9, 2017, and recorded in CRFN 2017000431955 in the Office of the City
Register on November 24, 2017
4. Additional liens have been filed against Frederick E. Smith a/k/a Frederick Smith by New
York City Parking Violations Bureau. True copies are annexed hereto as Exhibit "C".
5. That the proposed Amended Notice of Pendency, Supplemental Summons and Amended
Complaint are attached hereto as Exhibit "A".
6. That no prior application has been made for within requested relief.
WHEREFORE, your deponent prays for an Order granting leave to amend the Notice of
Pendency and Complaint and issue a Supplemental Summons, all of which contain the
modifications set forth herein, and further
directing
the filing of the Ameñded Notice of
Pendency, Supplemental Summons and Amended Complaint with the KINGS County Clerk and
directing
service of the Supplemental Summons and Amended Complaint on all defendants
named therein, and that the Amended Notice of Pendency shall be effective provided that service
of the Supplemental Summons and Amended Complaint is effected on one or more defendants
within thirty (30) days of filing, in accordance with CPLR 6512 extending the
statutory
120 day
period for service of the Summons and Complaint on all defêñdants, and granting such other
relief as to the Court may seem just and proper.
Dated: December /
, 2018
Mar . Broyley s
MARK K. BROYLES, an attorney duly licensed to practice in the State of New York, and a
partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers
and/or documents:
NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED
__ SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT
AFFIDAVITS OF SERVICE
NOTICE OF PENDENCY OF ACTION
SUMMONS
COMPLAINT
AMENDED NOTICE OF PENDENCY OF ACTION
__ SUPPLEMENTAL SUMMONS
AMENDED COMPLAINT
____ ANSWER
AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
___ REFEREE'S OATH & REPORT OF AMOUNT DUE
____ REFEREE'S REPORT OF SALE
STIPULATION TO CANCEL LIS PENDENS
AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
__ MEMORANDUM & TERMS OF SALE
__ ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
___ ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE
AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
__ AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT
FORBEARANCE AGREEMENT
__X___ ATTORNEY AFFIRMATION IN SUPPORT OF ORDER TO AMEND
ATTORNEY AFFIDAVIT
that to his knowledge, information and belief, formed after an inquiry reasonable under the
circumstances, the presentation of the paper or contentions therein are not frivolous as defined in
subsection © of section 130-1.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1 ©].
December 2018 - /X
Dated Mark K.broylest sq.
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
WILMINGTON SAVINGS FUND SOCIETY, FSB,
D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY
BUT AS TRUSTEE FOR HILLDALE TRUST, AMENDED
NOTICE OF
PENDENCY
Plaintiff, OF ACTION
vs
FREDERICK E. SMITH A/K/A FREDERICK SMITH;
THE BROOKLYN GROUP, LLC; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW YORK
CITY TRANSIT ADJUDICATION BUREAU; NEW YORK
CITY PARKING VIOLATIONS BUREAU;
DOE" DOE"
"JOHN AND "JANE said Index No. 521631/2018
names being fictitious, itbeing the intention of
Plaintiff to designate any and alloccupants of premises
being foreclosed herein,
Defendants.
NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending
in the SUPREME Court of KINGS County upon the Complaint of the above plaintiff against the
above named defendant(s) for the foreclosure of a mortgage bearing the date February 7, 2005,
executed by FREDERICK E. SMITH A/K/A FREDERICK SMITH, to secure the sum of
$225,000.00 and recorded in CRFN 2005000141000 in the Office of the City Register on March
10, 2005. Said Mortgage was then assigned by Mortgage Electric Registration Systems, Inc., as a
nominee for Credit Suisse First Boston Financial Corporation to BAC Home Loans Servicing,
LP FKA Countrywide Home Loans Servicing, LP by virtue of an Assignment of Mortgage dated
April 12, 2013, and recorded in CRFN 2013000334992 in the Office of the City Register on
August 22, 2013. A Loan Modification Agreement was completed by FREDERICK E. SMITH
A/K/A FREDERICK SMITH, to modify the Mortgage recorded in CRFN 2005000141000, as
assigned, to reflect a new principal balance of $236,123.28. A copy of said Loan Modification
"B."
Agreement is attached hereto as Schedule Said Mortgage was then further assigned to
Ventures Trust 2013-1-H-R by MCM Capital Partners, LLC, its Trustee by virtue of an
Assignment of Mortgage dated November 19, 2014, and recorded in CRFN 20150000066864 in
the Office of the City Register on February 26, 2015. A Loan Settlement Agreement was
completed by FREDERICK E. SMITH A/K/A FREDERICK SMITH, to modify the
Mortgage recorded in CRFN 2005000141000, as assigned and previously modified, to reflect a
new principal balance of $275,000.00. A copy of said Loan Settlement Agreement is attached
"C."
hereto as Schedule Said Mortgage was then further assigned to Plaintiff by virtue of an
Assignment of Mortgage dated October 9, 2017, and recorded in CRFN 2017000431955 in the
Office of the City Register on November 24, 2017.
AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such
mortgage(s) affected by the said foreclosure action, were, at the time of the commencement of
this action, and at the time of the filing of this Notice, situated in the County of KINGS and State
- Description"
of New York, and are described in "Schedule A Legal attached hereto and made a
part hereof.
These pleadings are being amended to include New York City Parking Violations Bureau
as a party defendant due to the additional liens filed against Frederick E. Smith a/k/a Frederick
Smith.
The Clerk of the County of KINGS, is directed to index this Notice against the names of
all the defendant(s).
DATED: December , 2018
Mark K. oyles, Es
FEIN, SUCH & C , LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
AYSNCl 64
Property Address: 81 GRANITE STREET, BROOKLYN, NY 1 1207
Also known as: Block 3457 in Tax Lot 58 on the Tax Assessment map of the BOROUGH of
BROOKLYN, NY 1 1207.
"A"
SCHEDULE LEGAL DESCRIPTION
All thatcertain piece
plot, or parcelof land,with thebuildings and improvements thereon erected,situate,
lying and being
in theCounty of Kings Borough of Brooklyn, Cityand State ofNew York, bounded and desenbed as follows:
Beginning at a pointon thenorthwesterly sideof GraniteStreet distant
295 feet southwesterlyfrom the cornerformed by
theintersectionofthe southwesterly sideof Evergreen Avenue withthe northeasterlyside ofGraniteStreet;
Running thence northwesterlyand parallel
with Evergreen Avenue and partof thedistancethrough a partywall 100 feet;
Thence southwesterlyand parallel
with GraniteStreet20 feet;
Thence and
southeasterly again parallelwithEvergreen Avenue 100 feettothe ñGrthwesteilysideof Granite Street;
Thence along
northeasterly thenorthwesterly sideof Granite Street20 feetto thepoint or placeofBeginning
Premises: 81 Granite Street,
Brooklyn, NY 11207
Tax Parcel ID No.: Block: 3457 Lot: 58
"B"
SCHEDULE
RECORDING REQUESTED BY:
Bank oI Amorica, N.A.
AttnHorne RetantionDBulsion: CA6-919-D1-43
400 Nationalwny
CA 93065
SirnI Wiley,
Loan #:
----- -------------FOIUNT ERNAL USE 0NLY---------------------
LOAN MODIFICATION AGREEMENT
(Fixed Interest Rate-Recorded)
Thla Loan ModiflouttonAgr::=:nt ("Agreement"),made this1st day of July2011, between FREDRICK SMITH, and Bank
of America, N.A.(Londer), amends and supplements (1)the Mortgage, Deed of Trust,orDeed to Seoure Debt (theSecurity
Instrument),dated the 7thday of Febrtkery2006 and in the
emount of $225,000.00 and recorded on the10th day of March
2005 in BookNo. 000014, Page No. 1000 as Document No. None in the Records
offloial ofKings County, in theStateof
NEW YORK , and(2)the Note bearing the eame date on,ond oeoured by, theSecurity Instrument,whloh covera the real
and personal property described In the
Security Instrument and defined thereinas in the 'Property',
locatedof 81 GRANITE
STREET, SROOXLYN. NY 11207.
Please See Attached Exhibit(A)
In considerationof themutual promises and ;:gr::=:-'s excheriged, thepartieshereto agree es follows
(notwithstandinganything to thecontrarycontained In theNote or Security Instrument):
1 As ofthe 1stday of $eptember 2011, the amount payable under theNote or SecurityInstrument(the "Unpaid Principal
Is U.S
EIslance") S236,123.28 conslatingof theamount(e) loaned to theBorrower by theLander which may include,arenot
limitedto,any pastdue principalpayments, Interest, feesarid/orcoste capitalized
to date.
2 The Borrower promlass to paythe Unpaid radps: Balance, plus to
interest, the order ofthe Londer, Interest be
will
charged on the Unpaid PrinotpalBalance rate
at the yearly of (SeeAttached Addendum) from the 1stday of August 2011.
The Borrower promfoes to make monthly payments ofprinolpaland Interestof U.S.(See Attached Addendum) beginning on
theint day ofSeptember 2011, and continuingthereafteron 1he anma day ofeach oucomeding month principal
until ond
interest
are pold in full.
lf onthe 1st dayof March 203S (the"Maturity Date"),theBorrower owes
otill omounts under the
Note and Securityinstrument, as amended by thisAwesmer.t, theBorrower will
pay these amounts in full
on theMaturity ,
Date.
3 The Borrowof will
make such payments at PO Box S15503, Los Angeles, CA 90051-6803 or at $Uchother placeas the
Lander may require.
4 Nothing In this
ngroornent shallbe understood or construed to,be a seMeMcUen or releaseIn whole or In part
ofthe Note and
Security Instrumont,Except as otherwise provided
spoolfically In this
Agrõëriiñra,the Note and Security Instntrnent
w 11
remain unchanged, and the Borrower and Londor willbe bound by,and cornply with,ell termsand provisionsthereof,as
amended by this Agreement.
S of this
In corialderation Modificotton,Dorrower agreea·that of any
document roletedto theSecurityinstrument, Noteand/or
ModificationIs lost,
misplaced, mlastated,inacouratelyreftoctsthe trueand correctterms and conditions ofthe loanas
modified.or is otherwiscmlaning, Borrower(s)willcomply with Lender's requestto execute,acknowledge, initial
and deliver
toLender any documentation Londer doome necessary. If the
onginal promissory note is replacedthe Lander hereby
Indomnifies theBorrower(s) against any lossanacclated witha demand on thenriginalnote.Alldocuments Lender requests
of Borrower(s)shallbe referred to no Documents, Borrower agrees to deliver
the Documente withinten (10)days after
receiptby Borrower(s) of a written
request forsuch replacement.
As evidef ed by their
signatures be w,-16.a Borrower
and the Lender agree to theI .regoing
EDRICK SMITH Da ed
STA I E OF
COUNTY CA
On O - Befnen N o p o C/ L Qff
Public appeared -- f -b
Notary personally
personallyknown lo rne (or proved of sellsfarjory
to rne on the basls evidence)to be the peroon(c)
whnse name(a) inhe subsc4ibedto
the within
insirurnent
and acknowledgedto ri p-1 at he/she/they
executed the same in his/her/then
authorized end that
capacity(ses), by
his/her/their
signatures
(9) on the inMrurne
t thpo on(n).o er¼tily upon
bohollo which the peœon(s)acted,execuledthe Inntrument
WITNESS my hand and oflical
seat a
gŸpS I e
No.
sann or Amonc nn. Duotifiedtre Nan innu nge 1 or
3
misuselon nCou
Exp)rea
Bank of Amance, N A.
By, Dated:
STATE OF
COUNTY OF
On- Before
Notary mppeared
Pubflo, personally
known
personally to me (or provedto mo on the basis
of satisfactory
evalence)to be the person(s)
whose noma(o) le/ore subscribed
to
the wdhin end ac'nededcadto
instrument me that htht*‡.:ÿ oncouted tho enma in his/her/their
authorized and that by
capacity(les),
bla/hernheir (a) on the 'nct-=:8
signaturea the person(s), upon
or •ntity behalfof which the person(a) the inatTUment
noted. executed
WITNESS my hand and ofDelal seal
Signature
GDft/COffinbr Cs, N.A. GA2 Lound Pogo 2 of
3
Dnto' July I. 201I
Plane Return for
Mongngor. FREDR)CK SMrril AttnHomo RetentlonDivision:CAG-919-01-43
400 rtational
Way
CA 93065
Simi Valley,
ProponyAddreu El GRANfrB STREET
BROOKLYN, NY 11297
STEP*RATE LOA'N MODIIrlCAfnON ADDIr-NDUM
TO LOAÑ MODITcTCATION AGHERM ICNT
The'StepRato.Loan Anivowics
Modification Addendum made this
(tho·"Addontium")•Is 1st-day of July
2011, and Is incorporated
Imo and sho)I bordcomed
n part of that certain
Loan ModificationAgreement of
oven date horewith betwoon
(the "Agreement") FRBQRICK SMIDI an(I BankofAmerica, N.A.
whloh
("Lender"), agreement annonda and supplements.that
ocrInin
Mortgage, Deed of Trust
or Deed to
SecuroDebt (the "Seourity
Instrument").
THIS ADDENDUM CONTAINS.PROVISIONS'PROVIDING FOR SCHEDULED
.INCREASES IN THE INTEREST RATE AND MONTHLY PAYMENT
of the mutual
Inconsideration promisesand agreements exchanged and forgood and volunbic
consideration,
of whIoh
•the sudl'nienoy is hoteby
noknowledged, the partles
heretoagroo as follows
(no:withEmed!ëg,
anything contained
to the contrary in the Agreement, In5trument
Secut Ity note (the "Noto"),
or the plomissory
provided'for
except as spcolfloally herein):
L InterestRnte.and•Monthlv•Payment Inershn.
Notwithstandinganythingto the contrary
contained in the Note
or referenced
in the Agreement,
the monthly
and interest
,principal payment shall as follows:
beioalculated
Tha tntesest rate used to determino
the monthly Principal
and Interestpayment aball change on the
ist-day .
of August200 twalNt
ond on that day of ovoiy month therenWor. (cach-auch
doto, a "Chango
Dato"),withthe
lost such chango.dato on-the
occurring 1st day of August
2015,
a) The First Chanqo Dateshall
occur on the •Ist day of August 2011 at yehich time Ihe Inlarest rnto shall be
4.000%. The monthly
Principal shall
and Intervat be $1,290.18 and shall
be duo and payablo on -fat day of
8aplember2011ond continuing on the somo day or oaoh oueameding rnonth-until
thereafter 1st day of August
2013.
b) Ttio
Second Ghange DatoshdII
coour onthe1stday ofAugust 2013atwhichtimo theIntoront
ratoshall
be
5.000% The monthly be $1,41163 and shall be duo and paymbitt on-1st day of
Principal and Internet shall
September 2013 and eM'rdr:thereafter
on theenma dayofcaeh auancoding.rnonth
until 1st day of August
20'f4,
c) TheThirdChange occur
Dateshall ontho1stday ofAug.uat
2014 atwhloh.timothefhterest
rata.shall
be
Principal and Interent shall be $1,838.60 and shall
8.000% The monthly be duo and payabia on 1st day of
S=pud=- thereafter
ontheammo
2014 and continuIng day of coah auacceding
month until 1st day of August
2016
Thercancy,monthly principal
and interest
payment shallremain the same unti).such
thucas the principal
and due under
Interest the Note are paidin If
rull. on 1st dayof Mnrch 2035
•(the "MaturityDate"),the 13orrowerstill
owes nmounis under theNote und SecurityInstrument, as
nmended by theAgreement and 1htsAddendum, the13orrower shallpay thesenmounts·ln full
m the
MaturityDate.
I3ank ofAmerica, N.A.
FREDRICK SMIT H
Bank of Arnerica, N A DA2 Loan Pogo 1 of 1
Date: July 1, 2013 Please Retum to:
LæM
FRED10CK4Mrrii Attn Home RetentionDivisions
Morigûigor, 400 National
, Way
Siml Vaney,CA D3068
Propoly Address: 51 ORANT32STREET
DROOKLYN,NY Il207
.
BA2 Lo:m Pope 1 of 1
Bank of Amarica, N'A
.
. . LEGAL DESCRIPTION .
. All that certain plot, piece or parcel of Iand, with.the buildings and improvements thereon
. erected, situate,lying and being inthe county of Kings borough of Brooklyn, City and State of
Nevr York, bounded and d'escribed as follows: ,
Beginnin•g at.apoint on the northwegerly side of Oranite Stthat distant 295 feet scihiGteay
form thd corger formed by the intersectionof the.so'uthwestorly sido of Evergreen Avenue with.
the northe©asterly.sideof - • ·.' .
Granite,Street; . .. .
Running thence northwesterly and paralle] with Evergreen Avenue and part·of the dist
Preview
At an Ex Parte Term of the Supreme Court held in and for the County of KINGS, New York on the ___ day of ,201_. PRESENT: HON. SUPREME COURT JUSTICE STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR HILLDALE TRUST, Plaintiff, -vs- ORDER TO AMEND FREDERICK E. SMITH A/K/A FREDERICK SMITH; THE BROOKLYN GROUP, LLC; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; DOE" DOE" "JOHN AND "JANE said Index No. 521631/2018 names being fictitious, itbeing the intention of Plaintiff to designate any and alloccupants of premises being foreclosed herein, Defendants. UPON the reading and filing of the Affirmation dated the 1 day of December, 2018, together with attached exhibits, the Notice of Pendency, Summons and Complaint heretofore filed herein, the proposed Amended Notice of Pendency, Supplemental Summons and Amended Complaint. NOW, upon motion of Fein, Such & Crane, LLP, attorneys for the plaintiff, itis hereby ORDERED, that the plaintiff's order to amend the Notice of Pendency, Amend the Complaint and issue Supplemental Summons is hereby granted; and it isfurther ORDERED, that the Summons, Complaint and Notice of Pendency heretofore filed be "B" amended in conformance herewith the documents contained in Exhibit hereof, to reflect the amended caption, which shall read as follows: WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR HILLDALE TRUST, Plaintiff, -vs- FREDERICK E. SMITH A/K/A FREDERICK SMITH; THE BROOKLYN GROUP, LLC; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY PARKING VIOLATIONS BUREAU; DOE" DOE" "JOHN AND "JANE said names being fictitious, itbeing the intention of Plaintiff to designate any and alloccupants of premises being foreclosed herein, Defendants. ORDERED, that the plaintiff shall file the Amended Notice of Pendency, Supplemental Summons and Amended Complaint within thirty (30) days from the date hereof; and itis further ORDERED, that the first service of the amended papers on one of the defendants shall take place within thirty (30) days of their filing and that the filing of the Amended Notice of Pendency shall thereupon be effective in accordance with CPLR 6512; and itis further ORDERED, that service of all amended pleadings shall be completed within 120 days from their filing in the KINGS County Clerk's Office. DATED: , 201 ENTER: HON. SUPREME COURT JUSTICE STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR HILLDALE TRUST, Plaintiff, -vs- ATTORNEY AFFIDAVIT FREDERICK E. SMITH A/K/A FREDERICK SMITH; THE BROOKLYN GROUP, LLC; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; DOE" DOE" "JOHN AND "JANE said Index No. 521631/2018 names being fictitious, itbeing the intention of Plaintiff to designate any and alloccupants of premises being foreclosed herein, Defendants. STATE OF NEW YORK COUNTY OF MONROE ss: I, Mark K. Broyles, attorney and counselor at law, duly admitted before the Courts of the State of New York, affirm pursuant to N.Y.C.P.L.R. § 2106 that under penalty of perjury, the following is true: 1. I am an attorney duly admitted to practice law in the State of New York and am one of the attorneys of record for the plaintiff herein. As such, I am fully familiar with all relevant facts and prior pleadings heretofore had herein. 2. The Summons, Complaint and Notice of Pendency in the herein action were filed with the KINGS County Clerk's Office on October 26, 2018. True copies are annexed hereto as Exhibit "B". 3. That the defendants, Frederick E. Smith a/k/a Frederick Smith, gave their mortgage to Mortgage Electronic Registration Systems, Inc. MERS acting solely as a nominee for Credit Suisse First Boston Financial Corporation, said mortgage being dated February 7, 2005, and filed with the KINGS County Clerk's Office on March 10, 2005, in CRFN 2005000141000, as assigned, to reflect a new principal balance of $236,123.28. A copy "B." of said Loan Modification Agreement is attached hereto as Schedule Said Mortgage was then further assigned to Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its Trustee by virtue of an Assignment of Mortgage dated November 19, 2014, and recorded in CRFN 20150000066864 in the Office of the City Register on February 26, 2015. A Loan Settlement Agreement was completed by Frederick E. Smith a/k/a Frederick Smith, to modify the Mortgage recorded in CRFN 2005000141000, as assigned and previously modified, to reflect a new principal balance of $275,000.00. A "C." copy of said Loan Settlement Agreement is attached hereto as Schedule Said Mortgage was then further assigned to Plaintiff by virtue of an Assignment of Mortgage dated October 9, 2017, and recorded in CRFN 2017000431955 in the Office of the City Register on November 24, 2017 4. Additional liens have been filed against Frederick E. Smith a/k/a Frederick Smith by New York City Parking Violations Bureau. True copies are annexed hereto as Exhibit "C". 5. That the proposed Amended Notice of Pendency, Supplemental Summons and Amended Complaint are attached hereto as Exhibit "A". 6. That no prior application has been made for within requested relief. WHEREFORE, your deponent prays for an Order granting leave to amend the Notice of Pendency and Complaint and issue a Supplemental Summons, all of which contain the modifications set forth herein, and further directing the filing of the Ameñded Notice of Pendency, Supplemental Summons and Amended Complaint with the KINGS County Clerk and directing service of the Supplemental Summons and Amended Complaint on all defendants named therein, and that the Amended Notice of Pendency shall be effective provided that service of the Supplemental Summons and Amended Complaint is effected on one or more defendants within thirty (30) days of filing, in accordance with CPLR 6512 extending the statutory 120 day period for service of the Summons and Complaint on all defêñdants, and granting such other relief as to the Court may seem just and proper. Dated: December / , 2018 Mar . Broyley s MARK K. BROYLES, an attorney duly licensed to practice in the State of New York, and a partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents: NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED __ SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY) AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT AFFIDAVITS OF SERVICE NOTICE OF PENDENCY OF ACTION SUMMONS COMPLAINT AMENDED NOTICE OF PENDENCY OF ACTION __ SUPPLEMENTAL SUMMONS AMENDED COMPLAINT ____ ANSWER AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT ___ REFEREE'S OATH & REPORT OF AMOUNT DUE ____ REFEREE'S REPORT OF SALE STIPULATION TO CANCEL LIS PENDENS AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS __ MEMORANDUM & TERMS OF SALE __ ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ___ ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS __ AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT FORBEARANCE AGREEMENT __X___ ATTORNEY AFFIRMATION IN SUPPORT OF ORDER TO AMEND ATTORNEY AFFIDAVIT that to his knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or contentions therein are not frivolous as defined in subsection © of section 130-1.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1 ©]. December 2018 - /X Dated Mark K.broylest sq. STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR HILLDALE TRUST, AMENDED NOTICE OF PENDENCY Plaintiff, OF ACTION vs FREDERICK E. SMITH A/K/A FREDERICK SMITH; THE BROOKLYN GROUP, LLC; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY PARKING VIOLATIONS BUREAU; DOE" DOE" "JOHN AND "JANE said Index No. 521631/2018 names being fictitious, itbeing the intention of Plaintiff to designate any and alloccupants of premises being foreclosed herein, Defendants. NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending in the SUPREME Court of KINGS County upon the Complaint of the above plaintiff against the above named defendant(s) for the foreclosure of a mortgage bearing the date February 7, 2005, executed by FREDERICK E. SMITH A/K/A FREDERICK SMITH, to secure the sum of $225,000.00 and recorded in CRFN 2005000141000 in the Office of the City Register on March 10, 2005. Said Mortgage was then assigned by Mortgage Electric Registration Systems, Inc., as a nominee for Credit Suisse First Boston Financial Corporation to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP by virtue of an Assignment of Mortgage dated April 12, 2013, and recorded in CRFN 2013000334992 in the Office of the City Register on August 22, 2013. A Loan Modification Agreement was completed by FREDERICK E. SMITH A/K/A FREDERICK SMITH, to modify the Mortgage recorded in CRFN 2005000141000, as assigned, to reflect a new principal balance of $236,123.28. A copy of said Loan Modification "B." Agreement is attached hereto as Schedule Said Mortgage was then further assigned to Ventures Trust 2013-1-H-R by MCM Capital Partners, LLC, its Trustee by virtue of an Assignment of Mortgage dated November 19, 2014, and recorded in CRFN 20150000066864 in the Office of the City Register on February 26, 2015. A Loan Settlement Agreement was completed by FREDERICK E. SMITH A/K/A FREDERICK SMITH, to modify the Mortgage recorded in CRFN 2005000141000, as assigned and previously modified, to reflect a new principal balance of $275,000.00. A copy of said Loan Settlement Agreement is attached "C." hereto as Schedule Said Mortgage was then further assigned to Plaintiff by virtue of an Assignment of Mortgage dated October 9, 2017, and recorded in CRFN 2017000431955 in the Office of the City Register on November 24, 2017. AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such mortgage(s) affected by the said foreclosure action, were, at the time of the commencement of this action, and at the time of the filing of this Notice, situated in the County of KINGS and State - Description" of New York, and are described in "Schedule A Legal attached hereto and made a part hereof. These pleadings are being amended to include New York City Parking Violations Bureau as a party defendant due to the additional liens filed against Frederick E. Smith a/k/a Frederick Smith. The Clerk of the County of KINGS, is directed to index this Notice against the names of all the defendant(s). DATED: December , 2018 Mark K. oyles, Es FEIN, SUCH & C , LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 AYSNCl 64 Property Address: 81 GRANITE STREET, BROOKLYN, NY 1 1207 Also known as: Block 3457 in Tax Lot 58 on the Tax Assessment map of the BOROUGH of BROOKLYN, NY 1 1207. "A" SCHEDULE LEGAL DESCRIPTION All thatcertain piece plot, or parcelof land,with thebuildings and improvements thereon erected,situate, lying and being in theCounty of Kings Borough of Brooklyn, Cityand State ofNew York, bounded and desenbed as follows: Beginning at a pointon thenorthwesterly sideof GraniteStreet distant 295 feet southwesterlyfrom the cornerformed by theintersectionofthe southwesterly sideof Evergreen Avenue withthe northeasterlyside ofGraniteStreet; Running thence northwesterlyand parallel with Evergreen Avenue and partof thedistancethrough a partywall 100 feet; Thence southwesterlyand parallel with GraniteStreet20 feet; Thence and southeasterly again parallelwithEvergreen Avenue 100 feettothe ñGrthwesteilysideof Granite Street; Thence along northeasterly thenorthwesterly sideof Granite Street20 feetto thepoint or placeofBeginning Premises: 81 Granite Street, Brooklyn, NY 11207 Tax Parcel ID No.: Block: 3457 Lot: 58 "B" SCHEDULE RECORDING REQUESTED BY: Bank oI Amorica, N.A. AttnHorne RetantionDBulsion: CA6-919-D1-43 400 Nationalwny CA 93065 SirnI Wiley, Loan #: ----- -------------FOIUNT ERNAL USE 0NLY--------------------- LOAN MODIFICATION AGREEMENT (Fixed Interest Rate-Recorded) Thla Loan ModiflouttonAgr::=:nt ("Agreement"),made this1st day of July2011, between FREDRICK SMITH, and Bank of America, N.A.(Londer), amends and supplements (1)the Mortgage, Deed of Trust,orDeed to Seoure Debt (theSecurity Instrument),dated the 7thday of Febrtkery2006 and in the emount of $225,000.00 and recorded on the10th day of March 2005 in BookNo. 000014, Page No. 1000 as Document No. None in the Records offloial ofKings County, in theStateof NEW YORK , and(2)the Note bearing the eame date on,ond oeoured by, theSecurity Instrument,whloh covera the real and personal property described In the Security Instrument and defined thereinas in the 'Property', locatedof 81 GRANITE STREET, SROOXLYN. NY 11207. Please See Attached Exhibit(A) In considerationof themutual promises and ;:gr::=:-'s excheriged, thepartieshereto agree es follows (notwithstandinganything to thecontrarycontained In theNote or Security Instrument): 1 As ofthe 1stday of $eptember 2011, the amount payable under theNote or SecurityInstrument(the "Unpaid Principal Is U.S EIslance") S236,123.28 conslatingof theamount(e) loaned to theBorrower by theLander which may include,arenot limitedto,any pastdue principalpayments, Interest, feesarid/orcoste capitalized to date. 2 The Borrower promlass to paythe Unpaid radps: Balance, plus to interest, the order ofthe Londer, Interest be will charged on the Unpaid PrinotpalBalance rate at the yearly of (SeeAttached Addendum) from the 1stday of August 2011. The Borrower promfoes to make monthly payments ofprinolpaland Interestof U.S.(See Attached Addendum) beginning on theint day ofSeptember 2011, and continuingthereafteron 1he anma day ofeach oucomeding month principal until ond interest are pold in full. lf onthe 1st dayof March 203S (the"Maturity Date"),theBorrower owes otill omounts under the Note and Securityinstrument, as amended by thisAwesmer.t, theBorrower will pay these amounts in full on theMaturity , Date. 3 The Borrowof will make such payments at PO Box S15503, Los Angeles, CA 90051-6803 or at $Uchother placeas the Lander may require. 4 Nothing In this ngroornent shallbe understood or construed to,be a seMeMcUen or releaseIn whole or In part ofthe Note and Security Instrumont,Except as otherwise provided spoolfically In this Agrõëriiñra,the Note and Security Instntrnent w 11 remain unchanged, and the Borrower and Londor willbe bound by,and cornply with,ell termsand provisionsthereof,as amended by this Agreement. S of this In corialderation Modificotton,Dorrower agreea·that of any document roletedto theSecurityinstrument, Noteand/or ModificationIs lost, misplaced, mlastated,inacouratelyreftoctsthe trueand correctterms and conditions ofthe loanas modified.or is otherwiscmlaning, Borrower(s)willcomply with Lender's requestto execute,acknowledge, initial and deliver toLender any documentation Londer doome necessary. If the onginal promissory note is replacedthe Lander hereby Indomnifies theBorrower(s) against any lossanacclated witha demand on thenriginalnote.Alldocuments Lender requests of Borrower(s)shallbe referred to no Documents, Borrower agrees to deliver the Documente withinten (10)days after receiptby Borrower(s) of a written request forsuch replacement. As evidef ed by their signatures be w,-16.a Borrower and the Lender agree to theI .regoing EDRICK SMITH Da ed STA I E OF COUNTY CA On O - Befnen N o p o C/ L Qff Public appeared -- f -b Notary personally personallyknown lo rne (or proved of sellsfarjory to rne on the basls evidence)to be the peroon(c) whnse name(a) inhe subsc4ibedto the within insirurnent and acknowledgedto ri p-1 at he/she/they executed the same in his/her/then authorized end that capacity(ses), by his/her/their signatures (9) on the inMrurne t thpo on(n).o er¼tily upon bohollo which the peœon(s)acted,execuledthe Inntrument WITNESS my hand and oflical seat a gŸpS I e No. sann or Amonc nn. Duotifiedtre Nan innu nge 1 or 3 misuselon nCou Exp)rea Bank of Amance, N A. By, Dated: STATE OF COUNTY OF On- Before Notary mppeared Pubflo, personally known personally to me (or provedto mo on the basis of satisfactory evalence)to be the person(s) whose noma(o) le/ore subscribed to the wdhin end ac'nededcadto instrument me that htht*‡.:ÿ oncouted tho enma in his/her/their authorized and that by capacity(les), bla/hernheir (a) on the 'nct-=:8 signaturea the person(s), upon or •ntity behalfof which the person(a) the inatTUment noted. executed WITNESS my hand and ofDelal seal Signature GDft/COffinbr Cs, N.A. GA2 Lound Pogo 2 of 3 Dnto' July I. 201I Plane Return for Mongngor. FREDR)CK SMrril AttnHomo RetentlonDivision:CAG-919-01-43 400 rtational Way CA 93065 Simi Valley, ProponyAddreu El GRANfrB STREET BROOKLYN, NY 11297 STEP*RATE LOA'N MODIIrlCAfnON ADDIr-NDUM TO LOAÑ MODITcTCATION AGHERM ICNT The'StepRato.Loan Anivowics Modification Addendum made this (tho·"Addontium")•Is 1st-day of July 2011, and Is incorporated Imo and sho)I bordcomed n part of that certain Loan ModificationAgreement of oven date horewith betwoon (the "Agreement") FRBQRICK SMIDI an(I BankofAmerica, N.A. whloh ("Lender"), agreement annonda and supplements.that ocrInin Mortgage, Deed of Trust or Deed to SecuroDebt (the "Seourity Instrument"). THIS ADDENDUM CONTAINS.PROVISIONS'PROVIDING FOR SCHEDULED .INCREASES IN THE INTEREST RATE AND MONTHLY PAYMENT of the mutual Inconsideration promisesand agreements exchanged and forgood and volunbic consideration, of whIoh •the sudl'nienoy is hoteby noknowledged, the partles heretoagroo as follows (no:withEmed!ëg, anything contained to the contrary in the Agreement, In5trument Secut Ity note (the "Noto"), or the plomissory provided'for except as spcolfloally herein): L InterestRnte.and•Monthlv•Payment Inershn. Notwithstandinganythingto the contrary contained in the Note or referenced in the Agreement, the monthly and interest ,principal payment shall as follows: beioalculated Tha tntesest rate used to determino the monthly Principal and Interestpayment aball change on the ist-day . of August200 twalNt ond on that day of ovoiy month therenWor. (cach-auch doto, a "Chango Dato"),withthe lost such chango.dato on-the occurring 1st day of August 2015, a) The First Chanqo Dateshall occur on the •Ist day of August 2011 at yehich time Ihe Inlarest rnto shall be 4.000%. The monthly Principal shall and Intervat be $1,290.18 and shall be duo and payablo on -fat day of 8aplember2011ond continuing on the somo day or oaoh oueameding rnonth-until thereafter 1st day of August 2013. b) Ttio Second Ghange DatoshdII coour onthe1stday ofAugust 2013atwhichtimo theIntoront ratoshall be 5.000% The monthly be $1,41163 and shall be duo and paymbitt on-1st day of Principal and Internet shall September 2013 and eM'rdr:thereafter on theenma dayofcaeh auancoding.rnonth until 1st day of August 20'f4, c) TheThirdChange occur Dateshall ontho1stday ofAug.uat 2014 atwhloh.timothefhterest rata.shall be Principal and Interent shall be $1,838.60 and shall 8.000% The monthly be duo and payabia on 1st day of S=pud=- thereafter ontheammo 2014 and continuIng day of coah auacceding month until 1st day of August 2016 Thercancy,monthly principal and interest payment shallremain the same unti).such thucas the principal and due under Interest the Note are paidin If rull. on 1st dayof Mnrch 2035 •(the "MaturityDate"),the 13orrowerstill owes nmounis under theNote und SecurityInstrument, as nmended by theAgreement and 1htsAddendum, the13orrower shallpay thesenmounts·ln full m the MaturityDate. I3ank ofAmerica, N.A. FREDRICK SMIT H Bank of Arnerica, N A DA2 Loan Pogo 1 of 1 Date: July 1, 2013 Please Retum to: LæM FRED10CK4Mrrii Attn Home RetentionDivisions Morigûigor, 400 National , Way Siml Vaney,CA D3068 Propoly Address: 51 ORANT32STREET DROOKLYN,NY Il207 . BA2 Lo:m Pope 1 of 1 Bank of Amarica, N'A . . . LEGAL DESCRIPTION . . All that certain plot, piece or parcel of Iand, with.the buildings and improvements thereon . erected, situate,lying and being inthe county of Kings borough of Brooklyn, City and State of Nevr York, bounded and d'escribed as follows: , Beginnin•g at.apoint on the northwegerly side of Oranite Stthat distant 295 feet scihiGteay form thd corger formed by the intersectionof the.so'uthwestorly sido of Evergreen Avenue with. the northe©asterly.sideof - • ·.' . Granite,Street; . .. . Running thence northwesterly and paralle] with Evergreen Avenue and part·of the dist