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Prime Estates, Inc. v. Ousman Baldeh et al

Docket 135372/2024, New York State, Richmond County, Supreme Court (Sept. 13, 2024)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff Prime Estates, Inc.
Defendant Ousman Baldeh
Defendant Fatoumata J. Baldeh
...
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COMPLAINT

Document Prime Estates, Inc. v. Ousman Baldeh et al, 135372/2024, 2 (N.Y. Sup. Ct., Richmond County Sep. 13, 2024)
Pursuant to RPAPL 1302, the Plaintiff is the owner and holder of the subject Note and Mortgage, and has complied with all provisions of Banking Law §595-A, if applicable, and any rules and regulations promulgated thereunder.
The Defendants/ Obligors Ousman and Fatoumata J. Baldeh defaulted under the terms of the Loan Documents by failing to make all required payments thereunder, commencing as of January 1, 2020.
Plaintiff requests that in the event that this action will proceed to judgment of foreclosure and sale, said Premises should be sold subject to the following: a. Any state of facts an accurate survey may show; b.
Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made, by reason of any payment after the commencement of this action, of any or all of the defaults mentioned herein, and such election shall continue and remain effective until all amounts due and claimed herein are paid in full, together with any amounts which are due and have not yet been determined by the court including, but not limited to those arising from present or future defaults under the Loan Documents, together with the costs and disbursements of this action.
Plaintiff believes that during the pendency of this action, in order to protect the security of the within mortgage, it may be compelled to make advances to prior mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the fire insurance company, which advances are to be included in the balance due to plaintiff, plus interest, as provided for in the within Loan Documents foreclosed and deemed further secured thereby.
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NOTICE OF APPEARANCE AND CLAIMS TO SURPLUS MONIES

Document Prime Estates, Inc. v. Ousman Baldeh et al, 135372/2024, 12 (N.Y. Sup. Ct., Richmond County Dec. 17, 2024)
PLEASE TAKE NOTICE that I appear for the City of New York (Department of Finance) in the above Foreclosure matter, and on behalf of such defendant, waive service of all papers in this action, except amended complaint, notice of discontinuance of action, notice of sale, Referee's report of sale, and notice of proceedings to obtain surplus moneys, which may be served on Finance at the address stated below.
Dated: New York, New York December 5, 2024
To: MENICUCCI VILLA PANZELLA CALCAGNO, PLLC Jeremy Panzella, Esq.
Attorneys for Plaintiff 2040 Victory Boulevard Staten Island, New York 10314
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document Prime Estates, Inc. v. Ousman Baldeh et al, 135372/2024, 7 (N.Y. Sup. Ct., Richmond County Oct. 11, 2024)
I, MUATAZAHMAD, affirms and says deponent is not a party to this action and is over the age of eighteen years and resides in the State of NewYork.
CERTIFICATE OFMERIT, EXHIBITS ANDNOTICEOFELECTRONICFILING on OUSMANBALDEHtherein named your deponent was unable with due diligence service was made by delivering After to and a true copy thereof by personal to serve the recipient at 912 CASTLETONAVENUE,STATENISLAND, NY 10301 said leaving with MS. BALDEHCOTENANT a person of suitable age and discretion actual place of abode within the State of NewYork.
premises being the recipient's a copy of the SUMMONSIN ACTIONFORFORECLOSURE,COMPLAINTFOR Deponent completed service by depositing
NOTICEOFELECTRONICFILING on 10/2/2024 class mail, bearing the legend Personal & properly addressed envelope by first in a postpaid, under the exclusive care and custody of the United States Post Office in the State of New and not Confidential in an official legal action, depository York.
Mailing was made to912 CASTLETONAVENUE,STATENISLAND, NY10301 indicating delivery, Said documents were conformed with index number and date of filing endorsed thereon.
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document Prime Estates, Inc. v. Ousman Baldeh et al, 135372/2024, 9 (N.Y. Sup. Ct., Richmond County Oct. 11, 2024)
is not a party to this action and is over the age of eighteen years I, ERIC RIVERA, affirms and says deponent in the State of NewYork.
and resides That on 10/1/2024 at 12:01 PMat 66 JOHNSTREET,NEWYORK, NY10038, deponent served the within
to and leaving with MR. BROWNfor THECITY OFNEWYORKPARKING by personally delivering VIOLATIONSBUREAU,a true copy thereof, and that deponent knew the person so served to be the AUTHORIZEDPARTY/Managing Agent and stated (s)he was authorized to accept legal papers for corporation.
the Said documents were conformed with index number and date of A description of the person served on behalf of the defendant is as follows: Approx Age: 36 - 50 Yrs., Approx Weight: Over 200 Lbs., Approx Height: Approx Skin: Brown, Approx Hair: Black Other: filing endorsed thereon.
5' 9" - 6' 0", Sex: Male, I affirm this October 2, 2024, under the penalties perjury under the laws of NewYork, which may a fine or imprisonment,that the foregoing include is this document maybe true, and I understand that in an action or proceeding in a court of law.
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document Prime Estates, Inc. v. Ousman Baldeh et al, 135372/2024, 8 (N.Y. Sup. Ct., Richmond County Oct. 11, 2024)
CERTIFICATE OFMERIT, EXHIBITS ANDNOTICEOFELECTRONICFILING on FATOUMATAJ BALDEHtherein named your deponent was unable with due diligence service was made by delivering After to serve the recipient by personal delivery, a true copy thereof to and at 912 CASTLETONAVENUE,STATENISLAND, NY 10301 said leaving with MS. BALDEHCOTENANT a person of suitable age and discretion actual place of abode within the State of NewYork.
premises being the recipient's a copy of the SUMMONSIN ACTIONFORFORECLOSURE,COMPLAINTFOR Deponent completed service by depositing
NOTICEOFELECTRONICFILING on 10/2/2024 in a postpaid, class mail, bearing the legend Personal & properly addressed envelope by first under the exclusive care and custody of the United States Post Office in the State of New Confidential in an official depository York.
Mailing was made to912 CASTLETONAVENUE,STATENISLAND, NY10301 legal action, and not indicating Said documents were conformed with index number and date of filing endorsed thereon.
A description of the person served on behalf of the defendant is as follows: Approx Age: 36 - 50 Yrs., Approx Weight: 161-200 Lbs., Approx Height: Other: 5' 4" - 5' 8", Sex: Female, Approx Skin: Brown, Approx Hair: Covered Deponent spoke to MS. BALDEH Inquired as to the FATOUMATAJ BALDEHsplace of residence and received a positive the, above address of FATOUMATAJ BALDEH reply and confirmed and asked whether FATOUMATAJ BALDEHwas in active military of the United States or the State of NewYork in any capacity, or is a dependant service the FATOUMATAJ BALDEHalways wore civilian of anyone in the military and received a negative reply and that clothes and no military uniform.
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document Prime Estates, Inc. v. Ousman Baldeh et al, 135372/2024, 10 (N.Y. Sup. Ct., Richmond County Oct. 11, 2024)
to this action and is over the age of eighteen years and resides delivery, I, MUATAZAHMAD, affirms in the State of NewYork.
CERTIFICATE OFMERIT, EXHIBITS ANDNOTICEOFELECTRONICFILING on JOHNDOES#1-10 therein named After your deponent was unable with due diligence service was made by delivering to serve the recipient a true copy thereof to and by personal at 912 CASTLETONAVENUE,STATENISLAND, NY 10301 said leaving with MS. BALDEHCOTENANTa person of suitable age and discretion actual place of abode within the State of NewYork.
premises being the recipient's a copy of the SUMMONSIN ACTIONFORFORECLOSURE,COMPLAINTFOR Deponent completed service by depositing
NOTICEOFELECTRONICFILING on 10/2/2024 in a postpaid, bearing the legend Personal & properly addressed envelope by first class mail, under the exclusive care and custody of the United States Post Office in the State of New and not indicating in an official Confidential depository York.
Mailing was madeto912 CASTLETONAVENUE,STATENISLAND, NY 10301 legal action, Said documents were conformed with index number and date of filing endorsed thereon.
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document Prime Estates, Inc. v. Ousman Baldeh et al, 135372/2024, 11 (N.Y. Sup. Ct., Richmond County Oct. 11, 2024)
CERTIFICATE OFMERIT, EXHIBITS ANDNOTICEOFELECTRONICFILING on JANEDOES#1-10 therein named After your deponent was unable with due diligence service was made by delivering a true copy thereof by personal to serve the recipient to and at 912 CASTLETONAVENUE,STATENISLAND, NY 10301 said leaving with MS. BALDEHCOTENANT a person of suitable age and discretion actual place of abode within the State of NewYork.
premises being the recipient's a copy of the SUMMONSIN ACTIONFORFORECLOSURE,COMPLAINTFOR Deponent completed service by depositing
NOTICEOFELECTRONICFILING on 10/2/2024 in a postpaid, bearing the legend Personal & properly addressed envelope by first class mail, under the exclusive care and custody of the United States Post Office in the State of New in an official and not Confidential legal action, depository York.
Mailing was made to912 CASTLETONAVENUE,STATENISLAND, NY10301 indicating delivery, Said documents were conformed with index number and date of filing endorsed thereon.
the term is defined in either the State or service the military I affirm this October 2, 2024, under the penalties under the laws of NewYork, which may perjury a fine or imprisonment,that the foregoing include this document maybe true, and I understand that in an action or proceeding in a court of law.
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