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Traditional Mortgage Acceptance Corporation v. Edward Palafox et al

Docket 725194/2024, New York State, Queens County, Supreme Court (Nov. 22, 2024)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff Traditional Mortgage Acceptance Corporation
Defendant Edward Palafox as Executor of the Estate of Fe Palafox a/k/a Fe Cuisia Palafox a/k/a Fe C. Palafox
Defendant Secretary of Housing and Urban Development
...

SUMMONS + COMPLAINT

Document Traditional Mortgage Acceptance Corporation v. Edward Palafox et al, 725194/2024, 1 (N.Y. Sup. Ct., Queens County Nov. 22, 2024)
Plaintiff is, and at all times relevant herein is a Corporation organized under the laws of Washington with its principal place of business at c/o Celink, 3900 Capital City Boulevard, Lansing, Michigan 48906.
Secretary of Housing and Urban Development, are made a party to this action solely for purposes indicated above and for no other reason, Defendants lien or interest is described with specificity attached in Exhibit C herein.
New York State Department of Taxation and Finance is made a party Defendant to this action solely for the purposes indicated above and for no other reason.
Plaintiff requests that in the event that this action proceed to judgment of foreclosure and sale, said premises shall be sold subject to the following: 1.
WHEREFORE, Plaintiff demands judgment against the defendants as follows: (a) That each and all of the defendants in this action, and any and all persons claiming by, through and under any of them, subsequent to the commencement of this action and the filing of the notice of pendency thereof in the Office of the County Clerk of Queens County in the State of New Palafox 24-301226 Complaint Page 6 of 7 York, which is the county in which the Premises are located, may be forever barred and foreclosed of any and all right, title and interest, claim, lien and equity of redemption in the Premises; (b) That a receiver of rents may be appointed without notice as provided in the Mortgage; (c) That the Court direct that the Premises can be sold according to law, in one parcel or otherwise as equity may require; (d) That the monies arising from the sale of the Premises may be brought into Court; (e) That the monies due to Plaintiff on the Note and Mortgage may be adjudged and computed; (f) For such other relief permitted by law or contract and deemed appropriate by this court.
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SUPPORTING PLEADINGS Tenant Notice

Document Traditional Mortgage Acceptance Corporation v. Edward Palafox et al, 725194/2024, 7 (N.Y. Sup. Ct., Queens County Nov. 22, 2024)
New York State Law requires that we provide you this notice about the foreclosure process
The dwelling where your apartment is located is the subject of a foreclosure proceeding.
If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law.
The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home.
These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme.
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SUPPORTING PLEADINGS Legal Description

Document Traditional Mortgage Acceptance Corporation v. Edward Palafox et al, 725194/2024, 6 (N.Y. Sup. Ct., Queens County Nov. 22, 2024)
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Third Ward of the Borough and County Queens, City and State of New York, shown and designated as Lots #18 and 19 in Block 5 on a certain map entitled, "Map Number 3 of Properties of Rickert and Finlay Realty Co., located at Broadway, Flushing, 3rd Ward of Queens, New York City, Surveyed December 6, 1906 by C.A.
Roullier, C.S.," and filed in the Queens County Clerk's (now Register's Office) on May 2, 1908 as Map #1039, which premises are bounded and described according to said map as follows: BEGINNING at a point on the easterly side of 167 Street (formerly called 27 Street), distant 235 feet northerly from the corner formed by the intersection of the easterly side of 167 Street with the northerly side of Northern Boulevard (formerly called Broadway); RUNNING THENCE easterly at right angles to 167 Street, 100 feet; THENCE northerly parallel with 167 Street, 40 feet; THENCE westerly and again at right angles to 167 Street, 100 feet to the easterly side of 167 Street; THENCE southerly along the easterly side of 167 Street, 40 feet to the point or place of BEGINNING.
BEING the same property conveyed to FE Palafox by Deed from FE Palafox, as surviving tenant by the entirety, dated 05/12/1988 and recorded 06/09/1988 in Book 2618, Page 888 of Official Records.
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NOTICE OF APPEARANCE AND CLAIMS TO SURPLUS MONIES

Document Traditional Mortgage Acceptance Corporation v. Edward Palafox et al, 725194/2024, 23 (N.Y. Sup. Ct., Queens County Feb. 21, 2025)
PLEASE TAKE NOTICE that the defendant United States of America (the “United States”), hereby appears in the action and that the undersigned is duly authorized to appear as attorney for said defendant therein (except as noted below), and hereby waives service of all papers and notice of all proceedings in said action with the exception of the following:
Notice of any motion or other paper seeking to challenge the lien or other interest of record of the United States;
United States fails to set forth with particularity an interest or lien of the United States, or to provide the information specifically required with respect to any federal tax lien in the manner required under 28 U.S.C. § 2410(b) (requiring the name and address of the taxpayer whose liability created the lien and, if a notice of the tax lien was filed, the identity of the internal revenue office which filed the notice and the date and place such notice of lien was filed), the undersigned is not authorized to appear for the United States in respect to such unidentified or inadequately identified interest or lien of the United States, and the United States will maintain that it is not party to the matter for purposes of such unidentified or inadequately identified interest of the United States because the statutory waiver of sovereign immunity is conditioned upon compliance with § 2410(b).
In the event that a sale pursuant to the plaintiff’s complaint results in surplus proceeds, the United States is without knowledge of the validity, extent, or priority of any claim of any co-defendant and reserves the right to address such matters at such time as a dispute over surplus proceeds becomes ripe.
To: McCabe, Weisberg & Conway, LLC Attorneys for Plaintiff One Huntington Quadrangle, Suite 4N25 Melville, New York 11747
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AFFIRMATION/AFFIDAVIT OF SERVICE 3215 Mailing - EDWARD PALAFOX AS EXECUTOR OF THE ESTATE OF FE PALAFOX A/K/A FE CUISIA PALAFOX A/K/A ... show more

Document Traditional Mortgage Acceptance Corporation v. Edward Palafox et al, 725194/2024, 22 (N.Y. Sup. Ct., Queens County Dec. 20, 2024)
I, MARTYLAPIDUS, affirm as follows: I amover 18 years of age and I reside in SUFFOLKCOUNTY,NEWYORK.
last known PALAFOX,the defendant herein, properly enclosed in an envelope addressed to said defendant at defendant's address at 368 BEVERLYROADDOUGLASTON,NEWYORK11363, bearing the legend "PERSONAL& CONFIDENTIAL" and not indicating the communication is on the outside thereof, by the return address or otherwise, from an attorney or concerns an alleged debt.
that I deposited said envelope in an official I affirm this on mayinclude a fine or imprisonment, or proceeding in a court of law.
depository under the exclusive care and custody of the United States Postal Service.
of perjury under the laws ofNew York, which , under the penalties this document maybe filed in an action the foregoing is true, and I understand that that
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AFFIRMATION/AFFIDAVIT OF SERVICE Service - EDWARD PALAFOX AS EXECUTOR OF THE ESTATE OF FE PALAFOX A/K/A FE CUISIA PALAFOX A/K/A FE C. ... show more

Document Traditional Mortgage Acceptance Corporation v. Edward Palafox et al, 725194/2024, 21 (N.Y. Sup. Ct., Queens County Dec. 20, 2024)
am not a party to this action, I am over 18 years of age and I reside in the State ofNew York.
On 12/16/2024 at 7:33 PM at 368 BEVERLY ROAD DOUGLASTON, NEW YORK 11363, I served the within SUMMONS, COMPLAINT,
The source of my information and the grounds of my belief are the conversations and observations above narrated.
I asked the person spoken to whether Respondent was dependent on anyone in the military, and also received a negative reply.
_18 I affirm this 18 day of December 2024 under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.
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AFFIRMATION/AFFIDAVIT OF SERVICE Tenant Mailing - ANY & ALL OCCUPANTS - 58907644

Document Traditional Mortgage Acceptance Corporation v. Edward Palafox et al, 725194/2024, 20 (N.Y. Sup. Ct., Queens County Dec. 12, 2024)
Defendants, I amnot a party to this action, I amover 18 years of age and I reside in the State of New I, MARTYLAPIDUS, affirm as follows: York.
On12/10/2024, I served the within RPAPL§1303 Tenant Foreclosure Notice, which notice was printed on a colored paper other than that of the SUMMONS,COMPLAINT,NOTICEOFCOMMENCEMENTOFACTIONSUBJECTTOELECTRONICFILING, CERTIFICATE OFMERITPURSUANTTOCPLR3012-B and in bold, font, and the paragraph of the notice beginning with the words "ALL fourteen -point RENT-STABILIZED" and ending with the words "FULLHEARINGIN COURT", printed entirely letters and underlined, on: in capital ANY&ALL OCCUPANTSat 40-37 167th Street FLUSHING,NEWYORK11358, which building by depositing a true copy of sameenclosed in a post-paid first in a post office-official class properly addressed wrapper, under the exclusive care and custody of the United States Postal Service within the State of NewYork.
day of I affirm this perjury under the laws of NewYork, which mayinclude a fine or imprisonment, in an action or proceeding in a court of law.
document maybe filed consists of less than five dwelling units.
depository of , under the penalties the foregoing is true, and I understand that this that
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