Federal Natl. Mtge. Assn. v Sykes

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Federal Natl. Mtge. Assn. v Sykes 2021 NY Slip Op 32499(U) November 24, 2021 Supreme Court, Kings County Docket Number: Index No. 513880/2017 Judge: Mark I. Partnow 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 11/29/2021 12:37 PM INDEX NO. 513880/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/29/2021 At IAS Part FRP2 e>f thi} Supreme Court of the State o'.f New York,heid in and for th1} County. of Kings at· the King;, County Supreme Court, 36() Adams Street, Bro0klyn, Nev/ York 11201, Ort the 14:i"lldaj/ of tJllilemb::er; 2020. PRESENT: I The Hon. Mark I. ~artnow, Justice -------~----~~----~--~-----------------X i FEDERAL NATIONAL MORTGAGE Index No. 513880/2017 ASSOCIATION (r'F ANNIE MAE"), A CORPORATIONiORGANIZED AND EXISTING UNDr·· R THE LAWS OF THE UNITED STATE OF AMERICA, . . . . .. . . , .I . . . . . Plaintiff, - against j JAMES F. :SYKES, IV AS ADMINISTRATOR AND HEIR TO Tl-IE ESTATE OF JAMES F. SYI<ES III, VANJ$E C. SYKES AS HEIR TO THE ESTATE Ofi JAMES F. SYKES III, A.S. (FULL NAME ~DACTED AS DEFENDANT IS A MINOR CHI~D) AS HEIR TO THE ESTATE OF JAMES f; SYKE~JII, PEOPLE OF THE STATE OF NEW ~ORK,. CRIMINAL COURT OF THE CITY Ofj NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, CITYR.$GISTER OF THE CITY OF NEW YORK, KifiGS COUNTY, CHAMPION MORTGAGE COijvfPANY, INC, JOHN DOE {Thos¢ unknown tenants; occupants, Persons .or corporahons or their heirs, · Distributees, exec~tors, administrators, trustees, Guardians, assigne~s;· creditors or successors Claiming an intere~t in the mortgaged premises;) I Defendants. ~--~----~-~-- ~----r--------~----------X 1 of 5 ~ ORDER [*FILED: 2] KINGS COUNTY CLERK 11/29/2021 12:37 PM INDEX NO. 513880/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/29/2021 UPON reyiew of the Notice of Motion dated March 9, 2020; the Summons, Complaint ! and Notice of Peidency of this action filed on July 19, 2017; upon the Affirmation of David P. Stich, counsel forl Plaintiff and PCN LLC dated March 9, 2020, and the exhibits annexed thereto I i (the·''Stich Affin:qation''), from which it appears that this action was brought to, among other i . ; things, foreclose lcertain first mortgage situated .in the County of:; . ! . lien encumbering real property . Kings, State of N~w York, at 819 East 5J51 Street, Brooklyn, New York 11203 (Block 7927, Lal i ' ' ', ' ' 27), by reason of hertain defaults as alleged in the Complaint (the First Cause of Action), and to I I :: i' ;,· expunge a certain iisatisfaction ofa mortgage recorded in error' (the Second Cause of Action) and \a', ' ' ' ' pursuant to RPAPl Article 15 to terminate the interest, if any, of defendant Champion Mortgage ! Company; Inc; in fhe property (the Third Cause of Action); and upon the affidavitby Stephanie 1jf Childress, Asset ' anager of SN Servicing Corporation, which is the servicer of the mortgage th, i loan herein for Plaintiff and PCN LLC, sworn to March 4, 2020 and the exhibits annexed theretp; and upon the Affirmation of Peter DeMeo; Esq., counsel to Wall Street Mortgage i Bankers LTD d/b/~ Power Express, dated January 29, 2020, and itJurther appearing that all of ! the Defend ants haye been served with a copy of the Summons and Complaint, copies of such ! affidavits of servit being annexed to the Stich Affirmation as Exhibit D, no answer has been interposed by the ~ny ofthe defendants, or any answer has been withdrawn, and the time so to . ! . . I' . . . doi . . . has expired; and that since the filing of the Notice ofPendency of this action oh July 19, 2017, i the Complaint has pot been amended in any manner whatsoever; on the pleadings and, papers heretofore filed heJein and no one appearing in opposition thereto, . I . . . . . . . . NOW, upo* the motion of David P. Stich; Esq., attorney for the Plaintiff and .PCN LLC, i i i it is ''' i \~on ' , ,-jj)O (f~;""l J',~i),3< ..,\'( ' ' :", ' ' ORDEREDir th~t the. motion i.s. gran(ed; and it is .further 2 cf 5 I 2 of 5 [*FILED: 3] KINGS COUNTY CLERK 11/29/2021 12:37 PM INDEX NO. 513880/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/29/2021 ORDEREP that Plaintiff Federal National Mortgage Association is substituted hereinas plaintiff with PCl'il LLC; and. it is· further ! . ORDEREpthat this action is hereby qiscohtinued against the "Doe" qefendant without prejudice to the p1oceedings heretofore had herein; and it is further i . . . ORDEREr, that the caption of this action as amended, shall read as follows: . . . i . .. . .·. . SUPREME COUJ;tT OF THESTATE OF NEW YORK COUNTY OF ; GS ------------ -~-~----~----~------------X PCNLLC, in<lexNo. 513880/2017 Plaintiff, IAS Part FRP2 (Partnow, J.) + - against : JAMES F. SYKEt JVAS ADMINISTRATOR AND HEIR TO THE ESTATE OF·. JAMES F.. . . . .I .. . . SYKES III, VANEE C. SYKES AS• HEIR TO THEESTATEOFiJAMESF. SYKES III; A.S; (FULL NAME REDACTED AS DEFENDANT IS A MINOR CHILD) AS HEIR TO THE ESTATE OF JAMES F. SYKES III, PEOPLE OF Tl-IE STATE OF NEW YORK, CRIMINAL COURT OF THE CITY 0~ NEW YORK, NEW YORK CITYENVIRONN1ENTAL CONTROL BOARD, CITY RlfGlSTER OF THE CITY OF NEW YORK, KINGS COUNTY, and CHAMPION MORTGAGE COMPANY, INC,, . . l .. . . Defendants, N N N N N - - • .N. - • - :- • • ,. • N - • M - -• • - • •• N -• ~ M N N N N N N N N N - • ' 3 tk 3 of 5 S x: [*FILED: 4] KINGS COUNTY CLERK 11/29/2021 12:37 PM INDEX NO. 513880/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/29/2021 and ORDEREip,that defaultjudgmerttinfavorofthe Plaintiffbe granted as against the ! . i . . . named defendants:as to the Second Cause of Action alleged in the Complaint herein; and it is ! further i . ! i. .. . . . . ORDEREJ:?, that theSatisfaction/Discharge of Mortgage dated September2, 2004 and ! . . re.corded in the Office of the City Register ofKings County on December 9; 2013 as CRFN I' 2013000505636, a~ to that certain mortgage executed by James F. Sykes,JII, as mortgagor; to Wall StreetMortgtge Bankers, LTD DBA Power Express, as mortgagee, recorded on August 25, i 1999 in the Office ~fthe• City Register of Kings County in Reel 4565, page 2022, is hereby ! i vacated, cat1.celled ~nd expunged from the records of the City Register of Kings County; anditis ! further i ! i . . . ORDEREq, defaultjudgrnent in favor of the Plaintiff is granted as against defendant i . . . Champion Mortgage Company, Inc. on the Third Cause of Action alleged in the Complaint herein;· and itis ORDERED~ ADJUDGED AND DECREED, that the Hen which appears to be prior and : . . . advers~ to the mortfage being foreclosed herein, namely the lien of defendant Champion . i Mortgage Compan4", Inc., is hereby extinguished as it pertains to the property which is the subject of this actio[i , pursuantto RPAP(., Article 15; and it is further ORDERED ADJUDGED AND DECREED, that Champion Mortgage Company, Inc. and all persons or e; ti ties claiming byt through or under Cham pion Mortgage Company, Inc., be I and. are hereby foreter hatred and foreclosed of and fi;om all right; claim lien, .interest or equity i . I . . . oftedemption in of!to said mortgaged premises by reason of the mortgage .lien established bya. i . . . . I . . . . . . • Mortgage dated SeAtem ber 9, 198 7, .by Richard A. Butler; as mortgagor, and Champ10n 4 of 5 [*FILED: 5] KINGS COUNTY CLERK 11/29/2021 12:37 PM INDEX NO. 513880/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/29/2021 Mortgage Comp:;i.ny, original principal and i ..· Inc. as mortgagee,.ihthe ·. . . . amount of$40,000,00 . i . . recorded in the Office of the City Register of Kings County on Septern ber 28, 1987 in Reel ! ' ' ' i page 1745, and i~ is further ! ORDEREtD, ADJUDGED ANDDECREED, that the record be reformed to reflectthat i the lien of Defen~ant Champion Mortgage Company, Inc. is extinguished as to the property ; ' which isthe stibj~ct of this action; .and it is further . i ! ORDERED, ADJUDGED AND DECREED, that the City Register ofthe City of New i YOrk, County offings, upon the payment of its requisite fees, shall record and index a certified . i . . copy of this Ordet against the teal property described as Tax Block 7927, Lot 27, having an i address of 819 Eaist 51 st Street, Brooklyn, New York 11203; and it is further ! ' ' ' ORDEREf>, that a copy ofthis Order with Notice of Entry shall be served upon the i owner of the equity of redemption, any tenants named in this action 1 y ..' ' .' -~ ' '· ' ;, 5 c.f 5 of 5 S ' ' '

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