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SLL NPL LLC v. ALBERTO L IMPERIAL et al

Docket 722927/2021, New York State, Queens County, Supreme Court (Oct. 13, 2021)
Mojgan Lancman, presiding
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff - Petitioner SLL NPL LLC
Defendant - Respondent Alberto L Imperial
Defendant - Respondent Alberto A Imperial JR
...
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EXHIBIT(S)

Document SLL NPL LLC v. ALBERTO L IMPERIAL et al, 722927/2021, 26 (N.Y. Sup. Ct., Queens County May. 3, 2022)
that 2 EO 202.70, dated October 20, 2020, extended this moratorium through January 1, 2021. does York with not comply provide should these for both protocols, indoor Finally, and outdoor foreclosure auctions, plans within as circumstances of New the City require.
Continuing Temporary Suspension and Modification Relating to the Disaster Emergency on March 7, 2020, I issued Executive Order Number 202, declaring a State
vested in me, at Pursuant the direction to the authority the Chief of Judge, the easing the Governor's with determination on commerce of restrictions approving direct to the COVID-19 I hereby health effective that, emergency, administrative the terms of any prior the following procedures order, foreclosure the conduct of residential and commercial matters before and consistent imposed due 27, 2020, July and protocols the New York notwithstanding shall apply State courts: to and Enforcement 1.
Continuing Temporary Suspensionand Modification of Laws Relating to theDisaster Emergency WEEREAS, on March 7, 2020,I issuedExecutiveOrderNumber202,declaringa Statedisasteremergencyfor theentireStateof New York; and WHEREAS, both travel-relatedcasesandcommunitycontacttransmissionof COVID-19 havebeendocumented in New York Stateandareexpectedto continue; NOW, THEREFORE, 1,Andrew M. Cuomo,Governorof theStateofNew York, by virtue of theauthority vestedin me by Section29-aof Article 2-B of the ExecutiveLaw to temporarilysuspendor modify anystatute,local law, ordinance,order,rule, or regulation,or partsthereof,of anyagencyduringa Statedisasteremergency,if compliancewith suchstatute,local law, ordinance,order,rule, or regulationwould prevent,hinder,or delayactionnecessaryto copewith thedisasteremergencyor if necessaryto assistor nid in copingwith suchdisaster,or to provideany directivenecessaryto respondto thedisaster,do hcrcbycontinuethesuspensionsandmodificationsof law, andanydirectivesnot supersededby nsubsequentdirectivecontainedin ExecutiveOrder202.22thmugh202.26,202.32,202.33,202.34,202.35,202.44, 202M5,and202.53ascontinuedandcontainedin ExecutiveOrder202.57for anotherthirty daysthroughOctober18, 2020,andI herebytemporarily suspendor inodify the following from thedateof thisExecutiveOrderthroughOctober18, 2020: " Section522of Labor Law is modified to excludefromthedefinition of "total unemployment"per diem,part-time work performedbetweenSeptember18,2020andNovember3, 2020for theNew York StateBoard ofElections or a local boardof electionswherethetotal earningsfor theweekfrom all work performedfor anyemployerdo not exceedS504.00andthe employeris nottheseparatingemployeridentified in the original claim, andnotto requireclaimantsto reportsuchpart-timework vrhencertifyingfor weekly benefits.
in the trial case types or that NYSCEF is unavailable in comts electronic filing new matters commence represented parties must courts, where otherwise except by the Chief authorized of a new matter, and in pending commencement Following file through the Unified parties must Court papers System's System (EDDS) or by mail, and must serve papers by electronic means or by mail.
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EXHIBIT(S)

Document SLL NPL LLC v. ALBERTO L IMPERIAL et al, 722927/2021, 27 (N.Y. Sup. Ct., Queens County May. 3, 2022)
The Act Stay_gRcndin.tLForgçjosure stays pending Mattps immediately days (i.e., through foreclosure matters for sixty residential February 27, 2021), including of sale has been issued but not yet executed (see paragraph a judgment 6 below).
units may be in more than one title is held) and owns dwelling residence the primary of the owner/mortgagor must include seeking COVID building, relief, by a tenant or available must otherwise be occupied for rent.
Courts are encouraged exploring to work with ofperforming plaintiffs' local their and defense civil legal service and housing bars, counselors to providers, ensure that homeowners receive these notices.
Edwina Mendelson Steven Helfont panies oi agents are required to serve a blank copy of the lialdship Declaimion, a hunslation of the Foleclosing Declaration in the mortgagor's primary language.
28, 2020 execution the judgment of December the court has held a status least until conference shall be stayed at with the a hardship If the mortgagor submits declaration as defined parties.
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EXPARTE ORDER (PROPOSED)

Document SLL NPL LLC v. ALBERTO L IMPERIAL et al, 722927/2021, 22 (N.Y. Sup. Ct., Queens County May. 3, 2022)
be they distributes, legatees, and generally through said dead, executors, assignees, lienors, or all persons claiming deceased be defendant or otherwise lien or inheritance, inheritance, described real to the in or interest or property
Upon the Judgment of Foreclosure and Sale granted on February 25, 2020, and entered on March 6, 2020, and pursuant to the amendment to RPAPL 1351 effective December
that an Extension of Time to Foreclosure Sale is to be conducted within Conduct the Foreclosure Sale is granted, and the (One Hundred Eighty) days of the date of this Order.
that if the Referee does not conduct the sale within days of the entry of this Order, in accordance with
2004, the time fixed by RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable.
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EXHIBIT(S)

Document SLL NPL LLC v. ALBERTO L IMPERIAL et al, 722927/2021, 16 (N.Y. Sup. Ct., Queens County Dec. 30, 2021)
Foreclosures- in Residential (a) Eotb-carance State Law_nd]secutive the Laws of 2020 - provide for and other 112 and 126 of forbearance Chapters who are experiencing residentia) mortgagors financial protections to certain hardship due to COVID-19.
Ordçr: FqLçslosures: Governor (b) Mornto1190-1-9.0_Çnmmercial Executive Cuomo's and 202.70 D) have irnposed (Attachment and Orders 202.28, 202.48, 202.57, 202.64, commercial foreclosures for nonpayment a moratoriurn due to a extended addressing COVID-19-related financial hardship (c) CAREli2ctiFederal Relie 1:inance Ancnev The Coronavirus Hausmn Act) provides for Stabilization Act of 2020 (CARES forbearance Economic of mortgage for up to 360 days to qualified for COVID-related borrowers payments reasons.
that EO 202.70, dated October 20, 2020, extended this rnoratoriurn through January 1, 202 I slue, notro19ply arptw±·j willLtiles for both indoor provide York should :, Finally, and outdoor foreclosure auctions, plans within the City ofNew as circumstances require.
IVE JUDGE OF FHE t W [ Pursuant of the Chief vested in me, at the direction to the authority Judge, and consistent the casing of restrictions with the Governor's determination on commerce imposed due approving I hereby direct to the COVID-19 health emergency, that, effective July 27, 2020, notwithstanding the following the terms of any prior administrative procedures and protocols shall apply to order, foreclosure matters before the New York State courts: and commercial the conduct of rcsidential Fnreclosur,- Matters: anti EnforccInent olTomny;Lcial l. St_ay of Commencemcot "[t]there Order 202.28, with Executive shall be no initiation of a proceeding Consistent a foreclosure of any ... commercial for nonpayment or enforcement of... of mortgage, is eligible for unemployrnent owned ... by someone that such mortgage, insurance law or otherwise under state or federal due to the financial benefits facing hardship pandemic" for a period ending on August
:7W.or-cu 'r- m co-- ·.·ms+ b:mu tmeryncy cr if nymey to asshtor ald in copinc cc* r ½h wrh dinwr * dw' ry ·c re:pondto theimier, doherebyagintinuethe on: ermf hcorì nty-n.,u a r frm c, r "I pr rardedbya subsequeutdinctivecontainedin " A m · e c. s ' N. ?%'59 m .
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EXPARTE ORDER (PROPOSED)

Document SLL NPL LLC v. ALBERTO L IMPERIAL et al, 722927/2021, 12 (N.Y. Sup. Ct., Queens County Dec. 30, 2021)
Upon the Judgment of Foreclosure and Sale granted on February 25, 2020, and entered on March 6, 2020, and pursuant to the amendment to RPAPL 1351 effective December 20, 2016, that a foreclosure sale must be held within ninety
Index No.: 722927/2021 in by administrators, creditors lienors, or all persons under, claiming having generally be deceased who may defendant said , by purchase, lien or otherwise lien or right, inheritance, any described in the real or to the interest in property
that an Extension of Time to Conduct the Foreclosure Sale is granted, and the Foreclosure Sale is to be conducted within (One Hundred Eighty) days of the date of this Order.
that if the Referee does not conduct the sale within days of the entry of this Order, in accordance with
the time fixed by RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable.
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17

Document SLL NPL LLC v. ALBERTO L IMPERIAL et al, 722927/2021, 17 (N.Y. Sup. Ct., Queens County Dec. 30, 2021)

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8

Document SLL NPL LLC v. ALBERTO L IMPERIAL et al, 722927/2021, 8 (N.Y. Sup. Ct., Queens County Dec. 16, 2021)

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