FILED: WESTCHESTER COUNTY CLERK 07/20/2018 10:41 AM
`NYSCEF DOC. NO. 152
`RECEIVED NYSCEF: 07/20/2018
`
`INDEX NO. 69515/2015
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`OF THE SUPREME COURT OF THE STATE
`AT
`OF NEW YORK, HELD IN AND FOR THE COUNTY OF
`WESTCHESTER AT THE COURTHOUSE THEREOF,
`SUPREME COURT BUILDING, III Dr Martin Luther King Jr,
`Blvd, WHITE PLAINS,NEW YORK ON THE.
`DAY,
`OF
`2018.
`
`\
`
`PRESENT:
`
`HONORABLE HON.TERRYJANERUDERMAN
`
`JUSTICE OF THE SUPREME COURT
`
`~QYli1J(_9F_~ST~~~J[~~
`SUPREME COURT OF THE STATE OF NEW YORK
`.X
`U.S.BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR,
`ADJUSTABLE RATE MORTGAGES TRUST 2007-3
`MORTGAGE PASs.,.THROUGH CERTIFICATES,SERIES
`
`2007-3
`
`PLAINTIFF
`
`-against-
`
`Q!Q!.~~_l{t~!I.QW
`~~!L&.~
`
`BRENDA BERNADETTE MAYFIELD,
`MICHAEL CROKER, LAVON CROKER,
`MARIANNE T.O'TooL, AS CHAPTER 7 TRUSTEE
`.X
`_______________________________________________________
`DEFENDANTS
`UPON READING AND FILING TI IE AFFIDAVlT OF BRENDA MAYFIELD AND MICHAEL
`CROKER SWORN TO ON JULY 18 2018 AND UPON THE EXHIBITS ATTACHED TO THE
`AFFIDAVIT AND THE FORECLOSURE AND SALE ORDER ENTERED ON APRIL 10 2018 .
`.LET THE PLAINTIFF SHOW CAUSE BEFORE
`TO BE HELD AT'THE
`COURTHOUSE LOCATED AT III Dr Martin Luther King Jr Blvd, WInTE PLAINS NEW YORK
`ROOM
`ON
`2018 AT__
`OR AS SOON AS THE PARTIES TO THIS
`PROCEEDINGS MAYBE HEARD WHY AN ORDER SHOULD NOT BE MADE, PROVIDING THE
`FOLLOWING RELIEF.
`
`1).VACATING THE DEFAULT JUDGMENT OF FORECLOSURE AND SALE ENTERED ON
`APRIL 10 2018 PURSUANT TO CPLR 5015(A), AS THIS PLAINTIFF FAILURE TO PROPERLY
`SERVE THE MOTION FOR FORECLOSURE AND SALE TO DEFENDANT BRENDA MAYFIELD
`
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`FILED: WESTCHESEII'ER COUNTY CLERK 07 20 2018' 10:41 ‘
`INDEX NO. 69515/2015
`FILED: WESTCHESTER COUNTY CLERK 07/20/2018 10:41 AM
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`
`
`R4 .C fiIV
`NYSC 3F DOC. NO. 152
` fiD NYSC
`3F:
`07/20/2018
`NYSCEF DOC. NO. 152
`RECEIVED NYSCEF: 07/20/2018
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`FILED: WESTCHESTER COUNTY CLERK 07/20/2018 10:41 AM
`NYSCEF DOC. NO. 152
`RECEIVED NYSCEF: 07/20/2018
`
`INDEX NO. 69515/2015
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`2). THIS COURT LACKS SUBJECT MATIER JURISDICTION,AS LACK OF JURISDICTION CAN
`BE RAISED AT ANYTIME, THIS PLAINTIFF LACK STANDING AND THE COMPLAINT
`SHOULD BE DISMISS ANDIOR THE COURT SHOULD RECONSIDERED ITS PREVIOUS
`ORDERS ENTERED HEREIN, THAT IN A LlGHT OF THIS NEW INFORMATION BASED ON
`PUBLIC RECORD, TillS PLAINTIFF U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
`MASTR ADJUSTABLE RATE MORTGAGES TRUST 2007-3 MORTGAGE PASS-THROUGH
`CERTIFICATES, IS NOT A LEGAL ENTITY OR A PERSON IN LAW, UNDER NEW YORK
`LAW,AND SUBSEQUENTLY LACK STANDING TO COMPLAINT.THE NAME PLAINTIFF IS A
`MERE DESCRIPTION OF OF A (SPV) SPECIAL PURPOSE VEHICULE CREATED FOR ONLY
`ONE PURPOSE TO BUNDLES THOUSANDS OF ALLEGE LOANS INTO SO-CALLED
`SECURITIZATION TURNING THOSE NOTES INTO MORTGAGES PASS-THROUGH
`CERTIFICATES AND SOLD TO INVESTORS, AND UNDER FEDERAL RULES AND SEC
`REGULATIONS A NOTE AND A CERTIFICATE CANNOT CO-EXIST TO PREVENT DOUBLE-
`DIPPING, AFTER TURNING DEFENDANT NOTE INTO SECURITY THE ALLEGE BANK
`FORFEITED THEIR RIGHT TO FORECLOSE AND lOR DEMAND PAYMENT UPON THIS
`DEFENDANT BRENDA MAYFIELD. THIS PLAINTIFF CANNOT MAINTAIN THIS MATIER
`BECAUSE AN ASSUMED BUSINESS OR FICTITIOUS NAME DOES NOT HAVE A LEGAL
`EXISTANCE, PURSUANT TO NEW YORK, LLC- LIMITED LIABILITY COMPANY LAW,
`ARTICLE 8-(801-809) FOREIGN LIMITED LIABILITY COMPANIES,808- DOING BUSINESS
`WITHOUT CERTIFICATE OF AUTHORITY MAY NOT MAINTAIN ANY ACTION, SUIT,OR
`SPECIAL PROCEEDING IN ANY COURT OF THJS STATE UNLESS A CERTIFICATE OF
`AUTHORITY IS RECEIVED FROM TillS NEW YORK, AND UPON CHECKlNG WITH THE NEW
`YORK SECRETARY OF STATE, THE PLAINTIFF AS STATED IN THE CAPTION ISNOT
`REGISTERED TO CONDUCT BUSINESS IN THIS NEW YORK STATE, ADDITIONALLY U.S.
`BANK NATIONAL ASSOCIATION, AS WELL, IS NOT AUTHORIZED OR REGISTERED TO
`CONDUCT BUSINESS. AND WHY THE DEFENDANT, SHOULD NOT HAVE SUCH AND
`FURTHER RELIEF AS MAY BE JUST, EQUITABLE AND PROPER BY THIS COURT.
`A PRIOR RELIEF WAS SOUGHT, BUT wAs DENIED BASED ON THE COURT LACK OF
`JURISDICTION,HERETO ATI ACHED
`
`ORDERED,THA T SUFFICIENT REASON APPEARING THEREFORE, LET SERVICE OF
`THIS ORDER, AND THE PAPERS UPON WHICH THIS ORSER IS GRANTED, UPON PLAINTIFF
`COUNSEL BY
`ON OR BEFORE
`2018 BE DEEMED GOOD AND
`SUFFICIENT SERVICE THEREOF, THAT ALL AFFIDAVITS AND OTHERS PAPERS IN
`OPPOSITION SHALL BE SERVED SO AS TO BE RECEIVED IN HAND BY DEFENDANT AT THE
`PROPER ADDRESS AT LEAST THREE(3) BUSINESS DAYS PRIOR TO THE RETURN OF THIS
`ORDER TO SHOW CAUSE.
`
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`625i5/2015
`INDEX NO. 69515/2015
` FILED. WESTCHESTER COUNTY CLERK 07mm m
`FILED: WESTCHESTER COUNTY CLERK 07/20/2018 10:41 AM
`
`D NYSC. 3F:
`
`
` CfiIV
`NYSC. 3F DOC. NO. 152
`07/20/2018
`NYSCEF DOC. NO. 152
`RECEIVED NYSCEF: 07/20/2018
`
`~"'.
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`FILED: WESTCHESTER COUNTY CLERK 07/20/2018 10:41 AM
`NYSCEF DOC. NO. 152
`RECEIVED NYSCEF: 07/20/2018
`
`INDEX NO. 69515/2015
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`"I':
`
`I
`
`./
`
`. /
`
`(Describe the relief being sought)
`AND WHY,,
`
`(Insert your name)
`
`_
`the
`(Insert plaintiff(s) or defendant(s))
`
`should not have such other and further relief as may be just, proper and equitable.
`
`Pending the hearing of this motion it is ORDERED that
`
`_
`
`Sufficient cause appearing therefor,
`
`let personal service of a copy of this order.
`
`and the other papers upon which this order is granted, upon the
`.
`
`______________
`
`by
`(Insert plaintiff(s) or defendant(s))
`on or before the _' day of
`.20, _
`
`~
`
`be deemed good ,and sufficient. An affidavit or other proof of service shall be presented
`
`to this Court on the return date directed in the second paragraph of this order,
`
`..
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` FILED: WESTCHESTER COUNTY CLERK 07mm
`INDEX NO. 69515/2015
`FILED: WESTCHESTER COUNTY CLERK 07/20/2018 10:41 AM
`
`
`
` R*-C *.IV
`DD NYSCI3F:
`NYSC.3F DOC. NO.
`152
`07/20/2018
`NYSCEF DOC. NO. 152
`RECEIVED NYSCEF: 07/20/2018
`
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