FILED: KINGS COUNTY CLERK 10/04/ :45 PM

Transcription

1 EXHIBITH

2 l A SETILEMENT STATEMENT U.S. DEPARTMENT DF HOUSING AND URBAN DEVELOPMENT OMB Approval No j t~.- ~:;Lo;nL:...: Fm HA - s. [_xi Conv un;n;- le. File Number! 7. L~;;;;-N".;mi;;;; ra M~rtg;g; in~u ;;~;;~-Nu-mb~;--1 "4.'-. j~-'- conv.lns: [. \ !. i C. Nole: THIS FORM IS FURNISHED TO GIVE YOU A STATEMENT OF THE ACTUAL SETTLEMENT COSTS. AMOUNTS PAID TO AND BY THE ' SETTLEMENT AGENT ARE SHOWN. ITEMS MARKED "(P.O.C.)" WERE PAID OUTSIDE OF THE CLOSING; THEY ARE SHOWN HERE FOR j o. Nam ~~=~:~~:~~A~;~:;~ses AND ARE NOT 1NcLuDED 1N TH~:()T~~~ean<lli"d.lrossot s.n.;, i!shldmo z. WEINBERGER i FRANSKILL DEVELOPMENT LLC I l (167 FRANKLIN AVENUE!BROOKLYN, NY 11206! F. Name and Address of Lender IFLAGSTAR BANK,!'SB [5151 CORPORATE DR!TROY, MI BERRY ST j BROOKLYN, NY ig. PROPERTY LOCATION 173 Franklin Avenue Unit l I Brooklyn, NY i I ~.. I H. Settlement Agent IJoSEPH KUNSTLINGER, ATTY! l Place of Settlement I 235 NORTH MAIN STREET, SUITE SPRING VALLEY, NY (845) I 2~1~1 8 1~~7;"~~; J_ SUMMARY OF BORROWER'S TRANSACTIONS i K. SUMMARY OF SELLER'S TRANSACTION 1 oo. GRoss AMOUNT oue FROM BORROWER GROSS AMOuNr o ~u=e=r~o-s~e=l~l=e=r j "Cc;ntract Sales Price -_--_ r----$37 5 I 000: ~Cont;act- pr1c-; T-- $ r ! ] Personal Property.. _.. _ ~---- i 402. Personal Prop-~rty - -r ~I [!...:... ~ett~'.-:?_~_:. to Borrower {line 1400) ! 403, ~ ' '104, [404,! I I r -- AdJuStments for items paid by seller in advance Adjustments tor items paid by sell d - i r~ ~~ ~;;::~::: s. i :~~ ~;;~:::., In vane ----~-~ Ii OR Assessments -~-= /.408. Assessments ~... _.... _ i409. \110. J41_;_0:. ---,_ '---- :~~~ _ ~ l:'..-~0. Gross Amount Due From Borrower I ~~.. A-m_o_u_nt_D_u_e_to-S-el-le-r ' = j [~o_o, AMOUNTS PAID BY OR IN BEHALF OF BORROWER I 500. REDUCTIONS IN AMOUNT DUE TO SELLER ~2_0_1._D_e~p_os_lt_s_o_r E_a_r_ne_st M_on_ ~Y : 501. EX~ ~;s deposit (~e~ instructions) ~202. ~1-~cipal amount of new loa_n-'-(s'---) $ 2 80 r 0 00 ~ 00 I so2. SettL chr9s. to seller (!i~-.-1-c40-,-0")~ !_ 203_. _Existing loan{s) taken sub1 ectto _.: E._:;, I ( ) l i XkHlng oan s 1aken subject to - I _204 _~ ls04:. Payoff of first Mortgage! : ! 505,.. Payoff of,lfecond Mortgage ; {~ i )206, r20~ < ' i SOB ; -~' I J r--- Adjustment. forlj;ms unpaid by seller r_. -- j Gia. -c~: 1 Town,: Adjustments for items unpaid by seller 1 'llf ""' ls10. CityiTowntaxes ~

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF_K~in~gs~----- MEW EQUITY, LLC P1amt1wPettttoner, - against- Index No NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.S-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section bb( e) must immediately record their representation within thee-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section bb, consult the NYSCEF website at or contact the NYSCEF Resource Center at or efile@courts.state.ny.us. Dated: 01/ K.,,,e=v..,,,1H.=~=1t=()O=te====;CSignature)! Kevin R. Toole I! I= ========4(Name) Scott A. Rosenberg, P.C. I.CFinn Name) _.2.,40.. o...,.1e.,n.11. ciuhuo..li-l'pk.,e=-.:. "'S!"'A'-"?.,01.. (Address) Garden Cily Park, NY ;=5=1=6-=8=77=-7=2=0=5======;(Phone) lktoole@sarlegal.com.,( ) I To: Abnve Named """

4 !FILED: KINGS COUNTY CLERK 01/15/20141 NYSCEF DOC. NO. 2 INDEX NO /2013 RECEIVED NYSCEF' 01/15/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x MEW EQUITY, LLC, -against- Plaintiff, INDEX NO /2013 SUPPLEMENTAL SUMMONS Plaintiff designates Kings County as the FRANSKILL DEVELOPMENT LLC, 222 SKILLMAN LLC, 420 MARCY LLC, FRANKWINK PROPERTIES, LLC, QUALITY place of trial ESTATES LLC, CIMARRON LAKE ESTATES, LLC, 416 BEDFORD A VENUE, L.L.C., 401 BEDFORD LLC, 1&9 SPENCER LLC, HEWES VIEWS, INC., 405 BEDFORD A VENUE DEVELOPMENT CORP., 4 t 6 BEDFORD AVENUE, LLC, 416 BEDFORD AVENUE, INC., MARCY TOWERLLC, MEIR LEFKOWITZ LLC, NORTHSIDE REAL TY HOLDINGS, LLC, 154 SKILLMAN 2 LLC,FRANKIN & FRANKLIN ESTATES LLC, ABN AMRO MORTGAGE GROUP, INC. JOSEPH ACKERMAN, HSBC MORTGAGE CORPORATION (USA), FRANNSKILL CONDOMINIUM IX, SIGNATURE BANK, MARCY TOWER LLC, A NEW YORK BANKING CORPORATION, CHANA WALDMAN, INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK, FLAGSTAR BANK FSB, A FEDERALLY CHARTERED SA VINOS BANK, METLIFE HOME LOANS A DMSION OF METLIFE BANK, NA, MOSES UHR, SHLOMO Z. WEINBERGER, ERNESTO FULOP, MENDEL GREENBERGER, EVERBANK., FRANKLIN & FRANKLIN ESTATES, LLC, SKILLMAN DIRAH INC.,NYS DEPARTMENT OF TAXATION AND FINANCE, NYC DEPARTMENT OF FINANCE, MOSHE ROTH, AKA MOZES ROTH, MENDEL BRACH, and "JOHN DOE" and "JANE DOE," said names being fictitious and unknown to the Plaintiff, the persons or parties being the possible tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, Defendants x TO THE ABOVE NAMED DEFENDANTS: Venue is based on the county in which the premises of Defendants subject to this foreclosure action are situated YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a

5 copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attorney within twenty (20) days after service of this summons, exclusive of the day of service, where service of this summons is made by delivery upon you personally within this state, or within thirty (30) days after completion of service where service is made in any other manner, in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the summons and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. PLEASE TAKE FURTHER NOTICE: To all defendants except Mendel Brach, Moshe Roth, Bedford Place, LLC, Franskill Development, LLC, Hewes Views Inc., 222 Skillman LLC, 401 Bedford LLC, 416 Bedford Avenue L.L.C.,416 Bedford Avenue Inc., 405 Bedford Avenue Development Corp., 420 Marcy LLC, Frankwink Properties LLC, 189 Spencer LLC, Quality Estates LLC and Cimarron Lake Estates LLC, the plaintiffs make no personal claim against you. Dated: Garden City Park, New York January 15,

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x MEW EQUITY, LLC, -against- Plaintiff, Index No AMENDED VERIFIED COMPLAINT FRANSKILL DEVELOPMENT LLC, 222 SKILLMAN LLC, 420 MARCY LLC, FRANK.WINK PROPERTIES, LLC, QUALITY ESTATES LLC, CIMARRON LAKE ESTATES, LLC, 416 BEDFORD AVENUE, L.L.C., 401 BEDFORD LLC, 189 SPENCER LLC, HEWES VIEWS, INC., 405 BEDFORD AVENUE DEVELOPMENT CORP., 416 BEDFORD AVENUE, LLC, 416 BEDFORD AVENUE, INC., MARCY TOWER LLC, MEIR LEFKOWITZ LLC, NORTHSIDE REALTY HOLDINGS, LLC, 154 SKILLMAN 2 LLC, ABN AMRO MORTGAGE GROUP, INC., JOSEPH ACKERMAN, HSBC MORTGAGE CORPORATION (USA), FRANSKILL CONDOMINIUM IX, FRANSKILL CONDOMINIUM IX MANAGERS, INC., SIGNATURE BANK, A NEW YORK BANKING CORPORATION, CHANA WALDMAN, INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK, FLAGSTAR BANK FSB, A FEDERALLY CHARTERED SAVINGS BANK, METLIFE HOME LOANS A DIVISION OF METLIFE BANK, NA, MOSES UHR, SHLOMO Z. WEINBERGER. ERNESTO FULOP, MENDEL GREENBERGER, EVERBANK., FRANKLIN & FRANKLIN ESTATES, LLC, SKILLMAN DIRAH INC., MARCY TOWER LLC, NYS DEPARTMENT OF TAXATION AND FINANCE, NYC DEPARTMENT OF FINANCE, MOSHE ROTH, AKA MOZES ROTH, MENDEL BRACH, and "JOHN DOE" and "JANE DOE," said names being fictitious and unknown to the Plaintiff, the persons or parties being the possible tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, Defendants x Plaintiff, by its attorney, Scott A. Rosenberg, P.C., complaining of the defendants alleges, upon information and belief, as follows: I

7 l. At all times hereinafter mentioned, plaintiff Mew Equity, LLC ("Mew") was and remains a limited liability company duly organized and existing under the laws of the State ofnew York with an office located in Kings County, New York. 2. At all times hereinafter mentioned, defendant Franskill Development, LLC ("Franskill") was and remains a limited liability company duly organized and existing under the laws of the State of New York. 3. At all times hereinafter mentioned, defendant Hewes Views Inc. ("Hewes Views") was a corporation duly organized and existing under the laws of the State ofnew York. 4. At all times hereinafter mentioned, defendant 222 Skillman LLC ("222 Skillman") was and remains a limited liability company duly organized and existing under the laws of the State of New York. 5. At all times hereinafter mentioned, defendant 420 Marcy LLC ("420 Marcy'') was and remains a limited liability company duly organized and existing under the laws of the State of New York. 6. At all times hereinafter mentioned, defendant Frankwink Properties, LLC ("Frankwink Properties") was and remains a limited liability company duly organized and existing underthe laws of the State ofnew York. 7. At all times hereinafter mentioned, defendant Quality Estates LLC. ("Quality Estates") was and remains a limited liability company duly organized and existing under the laws of the State of New York. 8. At all times hereinafter mentioned, defendant Cimarron Lake Estates LLC ("Cimarron Lake") was and remains a limited liability company duly organized and existing under the laws of the State ofnew York. 9. At all times hereinafter mentioned, defendant 416 Bedford A venue, L.L.C. was and remains a limited liability company duly organized and existing under the laws of the State of New York. 10. At all times hereinafter mentioned, defendant 416 Bedford Avenue, LLC was and remains a limited liability company duly organized and existing under the laws of the State ofnew York. 11. At all times hereinafter mentioned, defendant 416 Bedford A venue, Inc. was and remains a corporation duly organized and existing under the laws of the State of New York. 12. Upon infonnation and belief, at all times hereinafter mentioned, defendant 2

8 401 Bedford LLC was and remains a limited liability company duly organized and existing under the laws of the State of New York. 13. At all times hereinafter mentioned, defendant 189 Spencer LLC, (" 189 Spencer") was and remains a limited liability company duly organized and existing under the laws of the State ofnew York. 14. At all times hereinafter mentioned, defendant Meir Lefkowitz LLC, was and remains a limited liability company duly organized and existing under the laws of the State ofnew York. 15. At all times hereinafter mentioned, defendant Northside Realty Holdings, LLC, was and remains a limited liability company duly organized and existing under the laws of the State of New York 16. At all times hereinafter mentioned, defendant MERS, Inc. is a corporation duly organized in the State of Delaware and licensed to do business in the State of New York. 17. At all times hereinafter mentioned, defendant Franskill Condominium IX Managers, Inc. was a Corporation duly organized and existing under the laws of the State ofnewyork 18. At all times hereinafter mentioned, defendant HSBC Mortgage Corporation is a corporation duly organized in the State of Delaware and licensed to do business in the State ofnew York. 19. Upon information and belief and at all times hereinafter mentioned, defendant Flagstar Bank FSB is a federal lending institution formed and operating under the laws of the United States of America. 20. Upon information and belief and at all times hereinafter mentioned, defendant Metlife Home Loans, a Division ofmetlife Bank NA is a federal lending institution formed and operating under the laws of the United States of America. 21. Upon information and belief, and at all times hereinafter mentioned, defendant Indymac Bank FSB is a federal lending institution formed and operating under the laws of the United States of America. 22. Upon information and belief, and at all times hereinafter mentioned, defendant Everbank is a federal lending institution formed and operating under the laws of the United States of America. 23. At all times hereinafter mentioned, defendant Skillman Dirah Inc. was a Limited Liability Company duly organized and existing under the laws of the State of New York. 3

9 24. At all times hereinafter mentioned, defendant 154 Skillman 2 LLC (" 154 Skillman") was and remains a Limited Liability Company duly organized and existing under the laws of the State of New York. 25. At all times hereinafter mentioned, defendant Franklin & Franklin Estates LLC was and remains a Limited Liability Company duly organized and existing under the laws of the State of New York 26. Upon information and belief, and at all times hereinafter mentioned, defendant ABN Amro Mortgage Group Inc., is a federal lending institution formed and operating under the laws of the United States of America. 27. Upon information and belief, and at all times hereinafter mentioned, defendant Signature Bank, is a New York banking corporation. 28. At all times hereinafter mentioned, defendant Marcy Tower LLC ("Marcy Tower") was and remains a limited liability company duly organized and existing under the laws of the State of New York. 29. Defendant Moshe Roth, a/k/a Mozes Roth ("Roth") is an individual residing in the state of New York, County of Kings. 30. Defendant Mendel Brach ("Brach") is an individual residing in the state of New York, County of Kings. MEW Sl MORTGAGE AUGUST 26, On or about August 26, 2002 defendants 420 Marcy, Frankwink Properties, Quality Estates, Cimarron Lake, Franskill, Brach and Roth duly executed and delivered to Mew a certain Note bearing date that day, whereby 420 Marcy, Frankwink Properties, Quality Estates, Cimarron Lake, Franskill, Brach and Roth covenanted and agreed to repay to Mew the sum of $1,600,000.00, together with interest upon the unpaid principal balance thereof (the "2002 Note''). 32. As collateral security for the payment of said indebtedness under the 2002 Note, on or about August 26, 2002, 420 Marcy, Frankwink Properties, Quality Estates, Cimarron Lake, Franskill and Hewes Views executed, acknowledged and delivered to Mew a mortgage upon the below described premises (the "8126/02 Mortgage"). Said mortgage was dated August 26, 2002 and recorded in the City Register on July 2, 2003 and assigned CRFN wherein they mortgaged the premises being known as and by street address and blocks and lots described below: (a) 420 Marcy Ave, Brooklyn, NY, Block 2248, Lot 8 (b) 175 Franklin Ave, Brooklyn, NY, Block 1913, Lot 12 (c) 154 Skillman St, Brooklyn, NY, Block 1913, Lot 37 4

10 (d) 332 Hewes [sic] 426 South 5th St, Brooklyn, NY, Block 2465, Lot 2 (e) 428 South 5th St, Brooklyn, NY, Block 2465, Lot 3 (f) 430 South 5th St, Brooklyn, NY, Block 2465, Lot 4 (g) 432 South 5th St, Brooklyn, NY, Block 2465, Lot 5 (h) South 5th St, Brooklyn, NY, Block 2465, Lot 105 (i) Rose Valley Rd, Thompson, NY, Section 31, Block l, Lot 24.1 Q) Southwoods Dr, Thompson, NY Section 31, Block 1, Lot 35.1 (k) Rose Valley Rd, Monticello, NY, Section 130, Block l, Lot 1 (i) Rose Valley Rd, Monticello, NY, Section 130, Block 1, Lot 2 (rn) Cimarron Lake Estate, Monticello, NY, Section 130, Block I, Lot4 33. At the time of the recording of the 8/26/02 Mortgage all mortgage taxes were duly paid. 34. The 8126/02 Mortgage was re-recorded in the City Register as a "Correction Mortgage" on November 10, 2004 assigned CRFN to properly index the 8126/02 Mortgage on the five South Street properties ((d)-(h) above) which were omitted from the City Registrar's index when the mortgage was first recorded on July 2, ' 35. Mew filed a partial release of lien releasing the 8126/02 Mortgage lien from 154 Skillman Street, Brooklyn, New York, dated October 15, 2002 and recorded in the City Register on September 17, 2003 and assigned CRFN Mew filed a partial release of lien releasing the 8126/02 Mortgage lien from 420 Marcy Avenue, Brooklyn, New York, dated July 2, 2003 and recorded in the City Register on September 15, 2004 and assigned CRFN Mew executed and delivered a partial release oflien releasing the 8/26/02 Mortgage lien from 332 Hewes Street and South 5th Street, Brooklyn, New York. 38. Mew executed and delivered a partial release of lien releasing the 8/26/02 Mortgage lien from the Monticello and Thompson Properties located at Southwoods Drive and Rose Valley Road Sullivan County, and Cimarron Lake Estates, Sullivan County. 39. The 8/26/02 Mortgage was modified, extended and spread by a Mortgage Modification, Extension and Spreader Agreement executed by the original mortgagors and 222 Skillman, 401 Bedford and 189 Spencer ("Mew 1.6 Million Spreader"), dated May 10, 2006 and recorded in the City Register on November 15, 2006 and assigned CRFN ,which provided that: (a) the maturity date was extended to and including January 5, 2008; and (b) interest shall accrue at 18% per annum until such date, and no payments shall be due until the earlier of the maturity date, or, an event of default. At the time of the execution of the Mew 1.6 Million Spreader, there was $1,600, in principal, plus $258, in accrued interest. 40. The Mew 1.6 Million Spreader mortgaged the premises known as and by 5

11 the street address and blocks and lots described below: (a) 727 Bedford Ave, Brooklyn, NY, Condo Unit P, Block 1715 Lot 1001 (b) 727 Bedford Ave, Brooklyn, NY, Condo Unit SI, Block 1715 Lot 1002 (c) 727 Bedford Ave, Brooklyn, NY, Condo Unit S2, Block 1715 Lot 1003 (d) 727 Bedford Ave, Brooklyn, NY, Condo Unit S3, Block 1715 Lot 1004 (e) 727 Bedford Ave, Brooklyn, NY, Condo Unit S4, Block 1715 Lot 1005 (f) 727 Bedford Ave, Brooklyn, NY, Condo Unit S5, Block 1715Lot1006 (g) 727 Bedford Ave, Brooklyn, NY, Condo Unit S6, Block 1715 Lot 1007 (h) 727 Bedford Ave, Brooklyn, NY, Condo Unit S7, Block 1715Lot1008 (i) 727 Bedford Ave, Brooklyn, NY, Condo Unit SS, Block 1715 Lot 1009 (j) 727 Bedford Ave, Brooklyn, NY, Condo Unit S9, Block 1715 Lot 1010 (k) 727 Bedford Ave, Brooklyn, NY, Condo Unit S 10, Block 1715 Lot l 011 (I) 727 Bedford Ave, Brooklyn NY, Condo Unit6A, Block 1715 Lot 1022 (m) 727 Bedford Ave, Brooklyn, NY, Condo Unit 6B, Block 1715 Lot 1023 (n) 460 Flushing Ave, Brooklyn, NY, Condo Unit Sl, Block 1715 Lot 1301 (o) 460 Flushing Ave, Brooklyn, NY, Condo Unit S2, Block 1715 Lot 1302 (p) 460 Flushing Ave, Brooklyn, NY, Condo Unit S3, Block 1715 Lot 1303 (q) 460 Flushing Ave, Brooklyn, NY, Condo Unit S4, Block 1715 Lot 1304 (r) 460 Flushing Ave, Brooklyn, NY Condo Unit SS, Block 1715 Lot 1305 (s) 460 Flushing Ave, Brooklyn, NY, Condo Unit S6, Block 1715 Lot 1306 (t) 460 Flushing Ave, Brooklyn, NY, Condo Unit SB, Block 1715 Lot 1316 (u) 460 Flushing Ave, Brooklyn, NY, Condo Unit 6A, Block 1715 Lot 1317 (v) 460 Flushing Ave, Brooklyn, NY, Condo Unit P, Block 1715 Lot 1319 (w) 173 Franklin Ave, Brooklyn, NY, Condo Unit I, Block 1913 Lot 1901 (x) 169 Franklin Ave, Brooklyn, NY Condo Unit I, Block 1913 Lot 1201 {y) 154 Skillman St, Brooklyn, NY, Condo Unit I, Block 1913, Lot 1801 (z) 154 Skillman St, Brooklyn, NY, Condo Unit 2, Block 1913, Lot 1802 (aa) 154 Skillman St, Brooklyn, NY, Condo Unit 3, Block 1913, Lot 1803 (bb) 154 Skillman St, Brooklyn, NY, Condo Unit 4, Block 1913, Lot 1804 (cc) 154 Skillman St, Brooklyn, NY, Condo Unit 5, Block 1913, Lot 1805 (dd) 154 Skillman St, Brooklyn, NY, Condo Unit 6, Block 1913, Lot 1806 (ee) 154 Skillman St, Brooklyn, NY, Condo Unit 7, Block 1913, Lot 1807 (ff) 154 Skillman St, Brooklyn, NY Condo Unit 8, Block 1913, Lot 1808 (gg) 175 Franklin Ave, Brooklyn, NY, Block 1913, Lot 12 (hh) 519 Marcy Avenue, Brooklyn, NY, Block 1739 Lot 6 (ii) nd Street, Brooklyn, NY, Block 5472 Lot Mew executed and delivered a partial release of lien releasing the mortgage lien from "d Street, Brooklyn, New York. 42. Mew is still the owner and holder of the 2002 Note, the 8/26/02 Mortgage, and the MEW 1.6 Million Spreader. 43. The mortgagors, their successors, assigns and/or transferees, have failed to comply with the terms and conditions of said above-named instruments by failing or 6

12 omitting to pay the amount under the 2002 Note that became due and payable as of November I, 2008 and the amounts that became due and payable each month thereafter. 44. That by reason of the foregoing default, the mortgagee, the Plaintiff herein, heretofore have and hereby do demand immediate payment of the outstanding principal balance plus interest, late charges, legal fees, expenses and any other sums to which the Plaintiff is entitled under the 2002 Note and the 8/26/02 Mortgage together with interest thereon. 45. The balance due upon said instrument is set forth below. 46. The properties to be foreclosed pursuant to the Mortgage and the Mew J.6 Million Spreader are listed in the attached Schedule "A-1 through A-6" and are made a part hereof. LIABILITIES UNDER THE SUBJECT MORTGAGE 4 7. On October 29, 2007 the principals of the Plaintiff, Martin and Edward Wydra (the "Wydras"), entered into an agreement with the defendants herein, Brach and Roth and their various entities, including several of the other defendants in this Action (the "Brach Parties"), which contained mutual obligations and representations between the parties (the "Master Agreement"). 48. The Master Agreement provided for the adjudication of disputes between the Wydras and the Brach Parties relating to the 8/26/02 Mortgage, and the corresponding promissory notes as identified hereinabove (collectively, the "Mortgage Loans") would be resolved before the Rabbinical Court (Beth Din) Kolle! Harabbonim (the "Beth Din"). 49. The Brach Parties made fraudulent representations in the Master Agreement and defaulted under the terms of said agreement. Pursuant to the terms of the Master Agreement, the Wydras instituted arbitration before the Beth Din in February 2009 (the "Arbitration"). 50. In the Arbitration the Beth Din issued a Decision, Ruling and Award as of August 12, 2012 (the "Award'') in which it made certain findings and determinations regarding the relationship between the Wydras and the Brach Parties and the liabilities of the Brach Parties under the Master Agreement, and separately, in the course of the findings in the Award determined that the amounts due under the Mortgage Loans as follows: (a) 8/26/02 Mortgage- $1,600, in principal plus $1,584, in interest to July 20, 2012 and fees minus credits of$564, for a total debt of $2,619,904.21under the Mortgage Loan. 51. The Award has not yet been rendered to judgment under New.York law, and there have been no efforts by the Plaintiffs herein against any of the Brach Parties to the Master Agreement to collect on the aforesaid amounts determined in the A ward as to the Mortgage Loans. 7

13 MORTGAGE TO BE FORECLOSED 52. The above identified mortgage, as modified, spread, or extended as herein above set forth contains express covenants in substance as follows: Mortgagor shall pay and perform or cause to be paid and perform the Obligations when due in accordance with the provisions of the Note... and any and all other documents executed and delivered in connection therewith; I will pay to Lender all amounts necessary to pay for taxes, assessments, water frontage charges and other similar charges, sewer rents, leasehold payments or ground rents (if any), and hazard or property insurance covering the Property, and flood insurance (if any); Mortgagor will keep and maintain the Property free from all liens... and agrees to discharge the same ofrecord by payment or bond; Mortgagor shall provide, at its sole cost and expense, and keep in force for the benefit of the Mortgagee, with respect to the Property... insurance against loss or damage by fire, other hazards by so-called "all risk" and "extended coverage," and such other casualties and hazards as the Mortgagee shall reasonably require from time to time. In any action to foreclose this Mortgage, Mortgagee shall be entitled to the appointment of a receiver without notice. The substance of the terms of the above-described instruments provide: (a) that the whole of said principal sum and interest shall become due at the option of the mortgagee after default in the payment of any installment of principal or of interest; (b) that upon any default the mortgagor will pay the mortgagee any sums paid for taxes, charges, assessments and insurance premiums upon said mortgaged premises; ( c) in the event it becomes necessary for the mortgagee to retain counsel to collect the within debt or for foreclosure proceedings or otherwise, it is agreed that there shall be added to the principal indebtedness a sum equal to the reasonable value of the legal services rendered in connection therewith or such sum as may be fixed by the court. 53. In order to protect their security, the mortgagees, the Plaintiff herein, may be compelled during the pendency of this action to make repairs to, board, secure, protect and maintain the premises, to pay taxes, assessments, water rates, sewer rentals, insurance premiums, mortgage insurance premiums, if there be any, and other charges affecting the premises, and Plaintiff request that any sum so paid be added to the sum otherwise due and be deemed secured by the identified mortgages, as modified, spread, or extended as herein above set forth and adjudged a valid lien on the subject real property And premises under each of the aforesaid mortgages, as modified, spread, or extended. 54. Plaintiff requests that in the event this action proceeds to judgment of foreclosure and sale, said premises be sold subject to covenants, restrictions and easements, if any, of record; any state of facts an accurate survey may show; restrictions, regulations, ordinances and zoning ordinances of any municipal authority having jurisdiction thereof; and municipal, departmental and other governmental violations, if any, affecting the identified real property and premises; and real estate taxes, sewer rents, 8

14 water charges, if any, open of record. 55. No other action has been commenced at law for the recovery of the sum of any part thereof secured by the aforesaid instruments. 56. The defendants herein all have or claim to have some interest in or lien upon the said mortgaged premises, or some part thereof, which interest or lien, if any, has accrued subsequently to the lien of the identified mortgages, as modified, spread, or extended, or was in express terms or by law made subject thereto, or has been duly subordinated thereunto. 57. The defendants "JOHN DOE" and "JANE DOE" may be tenants or may be in possession of the aforementioned premises, or may have rights or interests with respect to the subject real property and premises or hold liens against the subject real property and premises. 58. The basis for naming any political subdivision, governmental agency or similar body, or the holder of a security interest in personal property, or the holder of a security interest in one, more or all of the identified real property and premises, if any, is set forth on the Schedule "B" annexed hereto, entitled "Basis for Joining Particular Defendant." WHEREFORE, Mew Equity, LLC, the plaintiff herein, demands as follows: (I) judgment that the defendants and all persons claiming under them subsequent to the filing of the notice or notices ofpendency of this action may be forever barred and foreclosed from all right, title, claim, lien and equity of redemption in the identified and subject mortgaged real property and premises, and each and every part thereof; except the right of the United States of America and its political subdivisions, if it or they be a party to this action to redeem as provided for by the applicable laws; that the said identified and subject real property and premises may be decreed to be sold according to law; (2) that the amount of principal due the Plaintiff on the said instruments may be adjudged to the 8/26/02 Mortgage, $2,619,904.21, plus accrued interest from July 20, 2012 at 9% per annum to Plaintiff; (3) that defendants Mendel Brach, Moshe Roth a/k/a Mozes Roth, Franskill Development, LLC, Hewes Views Inc., 222 Skillman LLC, 420 Marcy LLC, Frankwink Properties LLC, Quality Estates LLC, Cimarron Lake Estates LLC, 189 Spencer LLC, 416 Bedford Avenue L.L.C., 416 Bedford Avenue, LLC, 416 Bedford, Inc. and 401 Bedford LLC be adjudged to pay any deficiency which may remain; and ( 4) that a receiver, upon an application of the Plaintiff, be forthwith appointed for the identified and subject real property and premises for the benefit of Plaintiff, with 9

15 all powers of receivers in such actions, and that the Plaintiff have such other and further relief as may be just and proper in the premises, together with the costs and disbursements of this action. Dated: Garden City Park, New York January 15, 2014 ~C. :1.1 Scott A. Rosenberg, Esq. ~ Attorneys for Plaintiff 2400 Jericho Turnpike Suite 201 Garden City Park, New York (Tel) (Fax)

16 SCHEDULE "A" A l through A-6 Schedule "A"

17 SCHEDULE A - 1 All that certain plot, piece or parcel of real property situated and being in the County of Kings, Borough of Brooklyn, City of New York, known and distinguished on a certain map made by Roswell Grover, Jr., City Surveyor, dated Brooklyn, January 1835 and entitled, Map of the valuable property situated in the 7th Ward of Borough Brooklyn, lately belonging to John Skillman, Esq." and filed in the Office of the Register of the County of Kings as Lot No. 383 and bounded and described as follows: Northerly by Lot No. 384 as laid down on said map 100 feet; Southerly by Lot No. 382 as laid down on said map I 00 feet; Easterly by Lot No. 362 as laid down on said map 25 feet; Westerly by Franklin Avenue as laid down on said map 25 feet to the point or place of BEGINNING. Block 1913, Lot 12 Premises being known as 175 Franklin A venue, Brooklyn, New York 1

18 SCHEDULE A - 2 All that certain plot, piece or parcel of real property situated and being in the County of Kings, Borough of Brooklyn, City of New York, known and designated as unit number as set forth in the Table attached below and in the Declaration made by Franskill Development, L.L.C. under Article 9-B of the New York Real Property Law establishing a plan for condominium ownership of the land and building comprising the Condominium which is also designated as the lot numbers in the Table attached below; TOGETIIBR with an undivided percentage interest in the common elements of the property described in said Declaration; SAID unit being known and designated as Block 1913 on the Tax Map of the Borough of Brooklyn, City of New York, and being a unit in the land area of the property in the Borough of Brooklyn, County of Kings, City and State of New York, and being described as follows: LOT Unit 1801 l Maps offranskill Condominium IX Dated Recorded 05/31/2005 CRFN (former base lot 37) see information above see information above see information above see information above see information above see information above see information above Description of Land: As to Base Lot 37 In the land area of the property in the Borough of Brooklyn, County of Kings, City and State of New York, and being described as follows: BEGINNING at a point, distance, 215 feet 11 inches from the comer formed by the intersection of the Westerly side of Skillman Street and the Southerly side of Myrtle Avenue; RUNNING THENCE Easterly and perpendicular to Skillman Street, 95 feet 0 inches; THENCE Southerly and again perpendicular to the previous course, 20 feet 11 inches; THENCE Easterly and again perpendicular to the previous course, 95 feet 0 inches; THENCE Northerly to the previous course and along the Westerly side of Skillman Street, 20 feet 11 inches, to the point or place of BEGINNING. 1

19 SCHEDULE A- 3 All that certain plot, piece or parcel of real property situated and being in the County of Kings, Borough of Brooklyn, City of New York, known and designated as unit number as set forth in the Table attached below and in the Declaration made by Franskill Development, L.L.C. under Article 9-B of the New York Real Property Law establishing a plan for condominium ownership of the land and building comprising the Condominium which is also designated as the lot numbers in the Table attached below; TOGETHER with an undivided percentage interest in the common elements of the property described in said Declaration; SAID unit being known and designated as Block 1913 on the Tax Map of the Borough of Brooklyn, City of New York, and being a unit in the land area of the property in the Borough of Brooklyn, County of Kings, City and State of New York, and being described as follows: LOT Unit 1901 I Maps offranskill Condominium I Dated 12/06/2002 Recorded 08/28/2003 CRFN (former base lot 13) Description of Land: As to Base Lot 13 In the land area of the property in the Borough of Brooklyn, County of Kings, City and State of New York, and being described as follows: BEGINNING at a point, distance, 215 feet 6 inches from the comer formed by the intersection of the Easterly side of Franklin Avenue and the Southerly side of Myrtle Avenue; RUNNING THENCE Easterly and perpendicular to Franklin Avenue, I 05 feet 0 inches; THENCE Southerly and again perpendicular to the previous course, 21 feet 4 inches; THENCE Westerly and again perpendicular to the previous course, 105 feet 0 inches; THENCE Northerly to the previous course and along the Southerly side of Franklin Avenue, 21 feet 4 inches, to the point or place of BEGINNING. l

20 SCHEDULE A - 4 All that certain plot, piece or parcel of real property situated and being in the County of Kings, Borough of Brooklyn, City ofnew York, known and designated as unit number as set forth in the Table attached below and in the Declaration made by Franskill Development, L.L.C. under Article 9-B of the New York Real Property Law establishing a plan for condominium ownership of the land and building comprising the Condominium which is also designated as the lot numbers in the Table attached below; TOGETHER with an undivided percentage interest in the common elements of the property described in said Declaration; SAID unit being known and designated as Block 1913 on the Tax Map of the Borough of Brooklyn, City of New York, and being a unit in the land area of the property in the Borough of Brooklyn, County ofkings, City and State of New York, and being described as follows: LOT Unit 120 l 1 Maps of Franskill Condominium III Dated 12106/2002 Recorded 08/28/2003 CRFN (former base lot 15) Description of Land: As to Base Lot 15 In the land area of the property in the Borough of Brooklyn, County of Kings, City and State of New York, and being described as follows: BEGINNING at a point, distance, 174 feet 5 inches from the corner formed by the intersection of the Easterly side of Franklin Avenue and the Southerly side of Myrtle A venue; RUNNING THENCE Easterly and perpendicular to Franklin Avenue, I 05 feet 0 inches; THENCE Southerly and again perpendicular to the previous course, 20 feet 6 inches; THENCE Westerly and again perpendicular to the previous course, 105 feet 0 inches; THENCE Northerly to the previous course and along the Southerly side of Franklin Avenue, 20 feet 6 inches, to the point or place of BEGINNING. 1

21 SCHEDULE A - 5 All that certain plot, piece or parcel of real property situated and being in the County of Kings, Borough of Brooklyn, City and State of New York, with buildings and improvements thereon being more particularly described below as follows: BEGINNING at a point where the Southerly side of Park Avenue intersects the Easterly side of Marcy Avenue; RUNNING TIIBNCE Southerly along the Easterly side of Marcy Avenue, 80 feet 0 inches; THENCE Easterly parallel with Park Avenue, I 05 feet 0 inches; THENCE Northerly at right angles to Park Avenue, 80 feet 0 inches to the Southerly side of Park Avenue; THENCE Westerly along the Southerly side of Park Avenue, 105 feet 11 inches, to the point or place of BEGINNING. Being Block 1739, Lot 6, Tax Map of the Borough of Brooklyn, County of Kings. 1

22 SCHEDULE A - 6 All that certain plot, piece or parcel of real property situated and being in the County of Kings, Borough of Brooklyn, City of New York, known and designated as unit number as set forth in the Table attached below and in the Declaration made by Franklin & Franklin Estates, LLC. under Article 9-B of the New York Real Property Law establishing a plan by The 175 Franklin A venue Condominium for condominium ownership of the land and building comprising the Condominium which is also designated as the lot numbers in the Table attached below; TOGETHER with an undivided percentage interest in the common elements of the property described in said Declaration; SAID unit being known and designated as Block 1913 on the Tax Map of the Borough of Brooklyn, City of New York, and being a unit in the land area of the property in the Borough of Brooklyn, County of Kings, City and State of New York, and being described as follows: LOT Unit 2101 Maps of The 175 Franklin A venue Condominium Dated 11/10/2011 Recorded CRFN 201! see information above 2103 see information above 2104 see information above 2105 see information above Description of Land: As to Base Lot 12 All that certain plot, piece or parcel of real property situated and being in the County of Kings, Borough of Brooklyn, City of New York, known and distinguished on a certain map made by Roswell Grover, Jr., City Surveyor, dated Brooklyn, January 1835 and entitled, Map of the valuable property situated in the 7th Ward of Borough Brooklyn, lately belonging to John Skillman, Esq." and filed in the Office of the Register of the County of Kings as Lot No. 383 and bounded and described as follows: Northerly by Lot No. 384 as laid down on said map 100 feet; Southerly by Lot No. 382 as laid down on said map 100 feet; Easterly by Lot No. 362 as laid down on said map 25 feet; Westerly by Franklin Avenue as laid down on said map 25 feet to the point or place of BEGINNING. Block 1913, Lot 12 Premises being known as 175 Franklin Avenue, Brooklyn, New York 1

23 SCHEDULE "B" Schedule "B"

24 SCHEDULED I. New York State Department of Taxation and Finance - Liens recorded against one or more of the subject parcels of this action. 2. New York City Department of Finance - Liens recorded against one or more of the subject parcels of this action. 3. Institutional Entities captioned as defendants may hold subordinate mortgage liens or judgment liens against one or more of the subject parcels of this action.

25 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x MEW EQUITY, LLC, -against- Plaintiff, FRANSKlLL DEVELOPMENT LLC, 222 SKlLLMAN LLC, 420 MARCY LLC, FRANK.WINK PROPERTIES, LLC, QUALITY ESTATES LLC, CIMARRON LAKE ESTATES, LLC, 416 BEDFORD AVENUE, L.L.C. AKA 401 BEDFORD LLC, 405 BEDFORD AVENUE DEVELOPMENT CORP., 416 BEDFORD AVENUE, LLC, 416 BEDFORD AVENUE, INC.,189 SPENCER LLC, HEWES VIEWS, INC., MARCY TOWER, LLC, MEIR LEFKOWITZ LLC, NORIBSIDE REALTY HOLDINGS, LLC, 154 SKlLLMAN # 2 LLC AKA 154 SKILLMAN 2 LLC, FRANKLIN & FRANKLIN ESTATES LLC, ABN AMRO MORTGAGE GROUP, INC., JOSEPH ACKERMAN, MERS, HSBC MORTGAGE CORPORATION, FRANSKILL CONDOMINIUM IX MANAGERS, INC. AKA FRANSKlLL CONDOMINIUM IX, NATIONAL CITY BANK, SIGNATURE BANK, A NEW YORK BANKING CORPORATION, CHANA WALDMAN, BANK OF AMERICA, N.A., INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK, FLAGSTAR BANK FSB, METLIFE HOME LOANS A DIVISION OF METLIFE BANK, NA, MOSES UHR, SHLOMO Z. WEINBERGER, ERNESTO FULOP, MENDEL GREENBERGER, EVERBANK., SKlLLMAN DIRAH INC., NYS DEPARTMENT OF TAXATION AND FINANCE, NYC DEPARTMENT OF FINANCE, MOSHE ROIB, AKA MOZES ROIB, MENDEL BRACH, and "JOHN DOE" and "JANE DOE," said names being fictitious and unknown to the Plaintiff, the persons or parties being the possible tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, Defendants x INDEX NO RULE 130 STATEMENT Pursuant to 22 NYCRR , the undersigned, an attorney admitted to practice in the courts of the State of New York, certifies that upon information and belief and reasonable inquiry, the

26 contentions contained in the accompanying plaintiff, Mew Equity, LLC Amended Verified Complaint are not frivolous. Dated: Garden City Parle, New York January 15,

27 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x MEW EQUITY, LLC, INDEX NO Plaintiff, ATTORNEY -against- FRANSK.ILL DEVELOPMENT LLC, 222 SKILLMAN LLC, 420 MARCY LLC, FRANKWINK PROPERTIES, LLC, QUALITY ESTATES LLC, CIMARRON LAKE ESTATES, LLC, 416 BEDFORD A VENUE, L.L.C. AKA 401 BEDFORD LLC, 405 BEDFORD AVENUE DEVELOPMENT CORP., 416 BEDFORD AVENUE, LLC, 416 BEDFORD AVENUE, INC.,189 SPENCER LLC, HEWES VIEWS, INC., MARCY TOWER, LLC, MEIR LEFKOWITZ LLC, NORTHSIDE REAL TY HOLDINGS, LLC, 154 SKILLMAN # 2 LLC AKA 154 SKILLMAN 2 LLC, FRANKLIN & FRANKLIN ESTATES LLC, ABN AMRO MORTGAGE GROUP, INC., JOSEPH ACKERMAN, MERS, HSBC MORTGAGE CORPORATION, FRANSKILL CONDOMINIUM IX MANAGERS, INC. AKA FRANSK.ILL CONDOMINIUM IX, NATIONAL CITY BANK, SIGNATURE BANK, A NEW YORK BANKING CORPORATION, CHANA WALDMAN, BANK OF AMERICA, N.A., INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK, FLAGSTAR BANK FSB, METLIFE HOME LOANS A DIVISION OF METLIFE BANK, NA, MOSES UHR, SHLOMO Z. WEINBERGER, ERNESTO FULOP, MENDEL GREENBERGER, EVERBANK., SKILLMAN DIRAH INC., NYS DEPARTMENT OF TAXATION AND FINANCE, NYC DEPARTMENT OF FINANCE, MOSHE ROTH, AKA MOZES ROTH, MENDEL BRACH, and "JOHN DOE" and "JANE DOE," said names being fictitious and unknown to the Plaintiff, the persons or parties being the possible tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, Defendants x AFFIRMATION RE: VERIFICATION Scott A. Rosenberg, Esq., an attorney duly admitted to practice law before the courts of the state of New York, hereby affirms under the penalty of perjury pursuant to CPLR 2106: I am a partner in the firm of Scott A. Rosenberg, P.C. the attorneys of record for the plaintiff herein.

28 I have read the foregoing Supplemental Summons and Amended Complaint in Foreclosure and the same is true to my own knowledge, except as to those matters stated therein to be alleged upon information and belief and as to those matters; I believe them to be true. Affirmant further says that the reason this verification is made by affirmant and not by the plaintiff or its agent is that the cause of action is founded upon written instruments for the payment of money, which are now in affirmant's possession. The grounds of affirmant's belief as to all matters in said complaint not stated upon my own knowledge are based on and derived from said written instruments and from records kept by affirmant. Dated: Garden City Park, New York January 15,

29 Index No.: SUPREME COURT OF TI'IE STA TE OF NEW YORK COUNTY OF KINGS MEW EQUITY, LLC, -against- Plaintiff, FRANSKILL DEVELOPMENT LLC, 222 SKILLMAN LLC, 420 MARCY LLC, FRANK.WINK PROPERTIES, LLC, QUALITY ESTATES LLC, CIMARRON LAKE ESTATES, LLC, 416 BEDFORD A VENUE, L.L.C. AKA 401 BEDFORD LLC, 405 BEDFORD AVENUE DEVELOPMENT CORP., 416 BEDFORD AVENUE, LLC, 416 BEDFORD A VENUE, INC., 189 SPENCER LLC, HEWES VIEWS, INC., MARCY TOWER LLC, MEIR LEFKOWITZ LLC, NORTHSIDE REAL TY HOLDINGS, LLC, 154 SKILLMAN# 2 LLC AKA 154 SKILLMAN 2 LLC, FRANKLIN & FRANKLIN ESTATES LLC, ABN AMRO MORTGAGE GROUP, INC., JOSEPH ACKERMAN, MERS, HSBC MORTGAGE CORPORATION, FRANSKILL CONDOMINlUM IX MANAGERS, INC. AKA FRANSKILL CONDOMINIUM IX,NATIONAL CITY BANK, SIGNATURE BANK, A NEW YORK BANKING CORPORATION, CHANA WALDMAN, BANK OF AMERICA, N.A., INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK, FLAGSTAR BANK FSB, METLIFE HOME LOANS A DIVISION OF METLIFE BANK, NA, MOSES UHR, SHLOMO Z. WEINBERGER, ERNESTO FULOP, MENDEL GREENBERGER, EVERBANK, SKILLMAN DIRAH INC., NYS DEPARTMENT OFT AXATION AND FINANCE, NYC DEPARTMENT OF FINANCE, MOSHE ROTH, AKA MOZES ROTH, MENDEL BRACH, and "JOHN DOE" and "JANE DOE," said names being fictitious and unknown to the Plaintiff, the persons or parties being the possible tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, Defendants. SUPPLEMENTALSUMM:ONS AND AMENDED VERIFIED COMPLAINT SCOTT A. ROSENBERG, P.C. Attorneys for Plaintiff 2400 Jericho Turnpike Suite 201 Garden City Park, New York (Tel) (Fax)