Investors Bank v John Doe #1

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Investors Bank v John Doe #1 2020 NY Slip Op 33240(U) September 29, 2020 Supreme Court, Kings County Docket Number: 510450/19 Judge: Lawrence S. Knipel Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] KINGS COUNTY CLERK 10/02/2020 02:21 PM INDEX NO. 510450/2019 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 10/02/2020 At an IAS Tern1, Part Co1111n 6 of tl1e Supren1e j' Court of the State of New York, held in and for i: the County of I(iI1gs, at the Co1nil1ouse, at Civic Center, Brooklyn, New York, on the 291h day of September, 2020. PRESENT: HON. LAWRENCE KNIPEL, J11stice. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ -X lNVESl'ORS BAN[(, Plaintiff, - against - Index No. 510450/l 9 "JOHN DOE #1 ",Individually and as Executor/ r Executrix or Ad1ninistrator/Admi11istratrfx of th~ Estate of Barbara Johnso11; DEUTSCHE BANI< i! NATIONAL TRUST COMPANY f/k/aBANKERS I. TRUST COMPANY OF CALIFORNIA, NA as Tn1ste~. Under the llooli11g and Service Agreen1ent, Date~ : as of June 26, 1997 Delta Funding I-Ion1e Equity!; Loa11 Trust 1997-2; NEV/ YORK CITY PARI<INO j; VIOLATIONS BUREAU; NEW YORK CITY TRANSI'Iji ' ADJUOfCATION BUREAU; NEW YORK C!T'I' ( ENVIRONMENTAL CON1'ROL BOARD; : COMMISSIONER OF JURORS; STATE OF NEW YOR~; UNITED S·rATES OF AMERIC1\; and "JOtJN DOE#~" through ';JANE DOE #20", these last nan1es being!; fictitious and unknown to t11e Plaintiff and tl1e . persons or parties inte11ded being tl1e 11eirs at law;:' of the Estate of Barbara Johnson, occupants or i: tenants, and any other persons or entities, if any, !i having or clain1i11g a11 interest in or lien upon the I: 1nortgaged premises described i11 the verified i: co1nplaint, Defendants.!: ----------------------------------tx Tl1e following e-filed papers read herein: NYSCEF Doc. Nos. Notice of Motion/Order to Sl1ow Cause/ Petition/Cross Motio11 and Affidavits (Affirmations) A11nexed,_ _ _ __ 13-32 i' Upon the foregoing papers in this actio~ to foreclose a mortgage on the property at ' 292 Jefferson Avenue in Brooklyn (Propertyj, plaintiff, Investors Bank, the successor to I/ 1 of 4 [*FILED: 2] KINGS COUNTY CLERK 10/02/2020 02:21 PM NYSCEF DOC. NO. 38 INDEX NO. 510450/2019 RECEIVED NYSCEF: 10/02/2020 the original lender, J11oves (i11 1notion sequence [1not. seq.J one) for an order: (I) i' appointing a referee to compute the am9unt due, and (2) amending the caption to substitute Bashiri Johnson as John Doe #1, ¢yrus McNeal as John Doe #2, Devin Cruz as John Doe #3 and striking the remaining Jphn Doe and Jane Doe defendants from the • caption. Investors Bank submits an affida~)t ,, from Michael Begley (Begley), a Vice ;: President of Investors Bank, who attests th,~t on June 11, 2013, the decedent, Barabara 1: ' Johnson (Johnson), executed and delivered ~'~1 adjustable rate note in the principal amount ;: of $570,000.00 (Note) in favor of the origin)i! lender, Investors Home Mortgage. Begley ••;: attests that the Note was secured by a Jjine 11, 2013 Consolidation Extension and Modification Agreement (CEMA Mortga~e), i: ' mortgage her Property. On or about Octobe~ 28, 2013, about four months after the loan's origination, Johnson died. pursuant to which Johnson agreed to Begley attestsJ µpon information and belief: that Bashiri Johnson is the executor/executrix or adminish.ator/ad1ninistratrix of Johnson's Estate. 1: - Begley attests tl1at Johnson's Estate!: or Johnson's heirs, if any, "has failed to comply with the terms, covenants and conditions of the Note and [CEMA] Mortgage by 1: defaulting in the payment due on Septen/ber I, 2017 and all subsequent monthly payments." Begley attests that Investors Baiok "is the owner and holder of the Nole and 1: [CEMA] Mortgage" because "[t]he Note wds endorsed by Investors Home Mortgage to :: pay to the order of plaintiff Investors Bank'r and the CEMA Mortgage was assigned to 1: Investors Bank by a November 14, 2018 Assi1;nment of Mortgage. ! •• Investors Banlc co1n1nenced tl1is foreciiosure action on May 10, 2019, by tiling a 1: 2 1: 2 of 4 [*FILED: 3] KINGS COUNTY CLERK 10/02/2020 02:21 PM NYSCEF DOC. NO. 38 INDEX NO. 510450/2019 RECEIVED NYSCEF: 10/02/2020 summons, a verified co1nplaint and a noti~p of pendency against the Property. Bashiri Johnson answered the complaint on behalf~f.Tohnson's estate on July 3, 2019. On August 29, 2019, the parties qptered into a stipulation of settlement and i: forbearance agreement (Stipulation), pursu~nt to which Bashiri Johnson acknowledged ' the ainounts owed on the loan aµd agreed t9 a payn1ent plan, and Investors Bank agreed th~s to forbear from inoving f()rward with ;· foreclosure action. Paragraph 4 of the ;: Stipulation, a copy of which is in the recprd, provides that defendant shall make the '; following payments to fnvestors Bank: ;: "a. $25,000.00 in certified J'.unds or attorney trust account check. with the execution of thi;~ Agree1nent; "b. $30,000.00 in certified Jilmds or attorney trust account check by September I, 2019; i' '"' "c. $3,303.08 per month com!nencing on September I, 2019 and continuing through Januao/ 1, 2020; 1: ( "d. Balance due on the Loan by January 31, 2019." !',, According to Begley, "[t]he Estate of Barb~ra Johnson, or the heirs at law, if any, has i' failed to comply with the terms, covenants ai~d conditions of the Stipulation by defaulting r,, in the payments of the balance due on the Joan by January 31, 2020." Begley further attests that as of February 28, 2020, there is dµe and owing under the Stipulation, the sum of $5421,181.66, together with interest on ~e unpaid principal, additional late charges, fees, costs and advances. Investors Ba11l<'s instant inotion for ai1 order appointing a referee to compute t11e amount due and owing and to an1end tije. captio11 is granted without opposition. 3 of 4 [*FILED: 4] KINGS COUNTY CLERK 10/02/2020 02:21 PM NYSCEF DOC. NO. 38 INDEX NO. 510450/2019 RECEIVED NYSCEF: 10/02/2020 Accordingly, it is hereby i' ORDERED that the branch of Inve$tors Bank's motion (in mot. seq. one) for the appoint1nent of a referee to compute the arn9unt due is granted; and it is further ORDERED that the caption is hereb~ amended, and shall hereinafter read: - - - - - - - - - - - -- - - - - - -- - - - - -- - -- -- --~ INVESTORS BANI(, -- -X ( •'; Plaintiff, - against BASH!Rl JOHNSON; CYRUS MCNEAL; DEVIN CRUZ; DEUTSCHE BANK NATIONAL 'fRUST 1: 1,, f/k/a BANKERS TRUST COMPANY OF i: CALIFORNIA, NA as Trustee Under the Pooling 1: COMPANY and Service Agreen1ent, Dated as of June 26, 19~7 Delta Funding I-Iotne Equity Loan Trust 1997-2;1! NEW YORK C11·y PARKING VIOLA1'JONS BUREAuji NEW YORK Crrv TI{ANSIT Ao1uo1cA1·10N i: BUREAU; NE\V YORK CITY ENVIRONMENTAL CONTROL BOARD; COMMISSIONER OF JURORS; STATE OF NE\V YORI<; UNITED S'fATES OF 1; AMERICA, Defendant~; -- - -- -- - - - - -- - - - - - -- - - - - -- -- - -- -- +- -X This co11stitutes the decision a11d ordef of the court. The court will simultaneously ( execute the proposed order of reference (NY$CEF Doc. No. 14 ). ENTER ' ' cLjf:7 , ,1 ! J. s. Justice Lawfence Knipe! 4 of 4

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