Matter of PHH Mtge. Corp. v Cheung

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Matter of PHH Mtge. Corp. v Cheung 2014 NY Slip Op 31565(U) June 5, 2014 Supreme Court, Kings County Docket Number: 14-500610 Judge: Debra Silber Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [*FILED: KINGS COUNTY CLERK 06/19/2014 1] INDEX NO. 500610/2014 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/19/2014 Oaf+- At a-=u Cf ofthe Supreme Court of-the State ofNew York, held in and for the County of Kings, at Courthouse located at 360 Adams St., Brooklyn, NY 11201 on ~f1' ¬ !> ,2014 PRESENT: Hon. Debra Silber Justice of the Supreme Court --------------~------------------------------------------------)( IN THE MATTER OF THE PETITION OF PHH MORTGAGE CORPORATION, AS AGENT for HSBC MORTGAGE CORPORATION USA, ITS SUCCESSORS AND ASSIGNS, AND ITS NOMINEE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. INDEXN0.14-500610 ORDER Petitioner, TO VACATE AND CANCEL A SATISFACTION OF MORTGAGE FILED THEREBY IN ERROR, -againstTOMMY CHEUNG and TRISHA CHEUNG (F/K/A TRISHA C. HUANG, Respondents. ----------------------------------------------------------------)( Petitioner having moved this Court by Petition dated January 24, 2014, for an Order, under Section 1921 of the Real Property Actions and Proceedings Law, and Section 329 of the Real Property Law seeking to cancel and vacate a certain Satisfaction ofMortgage dated June 17, 2013, executed and delivered for filing by PHH MORTGAGE CORPORATION, 1 [* 2] as Agent for HSBC MORTGAGE CORPORATION, USA, ITS SUCCESSORS AND ASSIGNS, by its nominee Mortgage Electronic Registration Systems, Inc., and recorded in the Office of the Kings County Clerk on July 5, 2013 in CRFN 2013000265940 against the premises located at 239 Westminster Road, Brooklyn, New York 11218 and known and designated on the Office of the City Register of the City of New York Tax Map as Borough Brooklyn, Block 5143 Lot 46 and to thereby reinstate the underlying mortgage(s) made by TOMMY CHEUNG AND TRISHA CHEUNG (f/k/a) TRISHA C. HUANG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HSBC Mortgage Corporation (USA) in the amount of$5 l 6,000.00 dated 12/04/2009 and recorded 04/10/2010 in CRFN 20100000109174. The Respondents, TOMMY CHEUNG AND TRISHA CHEUNG(f/k/a)TRISHA C. HUANG, having executed Affidavits consenting to said relief being granted, and The matter having come before this Court on May 15, 2014, and the motion having been unopposed, NOW upon motion of Byrnes & Doyle, attorneys for Petitioner, it is hereby: ORDERED, that the motion is granted with consent of the mortgagors, and it is further ORDERED, that the Satisfaction of Mortgage, dated June 17, 2013, executed and delivered for filing by PHH MORTGAGE CORPORATION, as Agent for HSBC 2 [* 3] ¢. MORTGAGE CORPORATION, USA, ITS SUCCESSORS AND ASSIGNS, by its nominee Mortgage Electronic Registration Systems, Inc., and recorded in the Office of the Kings County Clerk on July 5, 2013 in CRFN 2013000265940 against the premises located at 239 Westminster Road, Brooklyn, New York 11218 and known and designated on the Office of the City Register of the City of New York Tax Map as Borough Brooklyn, Block 5143 Lot 46, be cancelled, vacated and set aside; and it is further ORDERED that the Office of the City Register of the City of New York, Kings County, upon presentation of a certified copy of this Order and payment ofproper fees, enter appropriate documentation to cancel, vacate and set aside said Satisfaction of Mortgage dated June 17, 2013, and recorded in the Office of the Kings County Clerk on July 5, 2013 CRFN 2013000265940 against the premises located at 239 Westminster Road, Brooklyn, New York 11218 in the amount of$516,000.00, and it is further ORDERED that the Office of City Register of the City ofNew York, Kings County, upon presentation of a certified copy of this Order and payment of proper fees, enter appropriate documentation to reinstate the underlying mortgage( s) satisfied in error by said Satisfaction, to wit: Mortgage made by TOMMY CHEUNG AND TRISHA CHEUNG (f/k/a) TRISHA C. HUANG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HSBC Mortgage Corporation (USA) in the amount of$5 l 6,000.00 dated 12/04/2009 and recorded 04/10/2010 in CRFN 20100000109174. This constitutes the Decision and Order ofthis Court, and 3 [* 4] IT IS FURTHER ORDERED that a copy oftbis order be served upon the Respondents with Notice of Entry within 20 days of the filing of same ENTER FORTHWITH: Hon. Debra Silber J.S.C Hon. Debra Silber Justice Supreme Court 4

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