FILED: KINGS COUNTY CLERK 08/11/ :43 PM INDEX NO /2015 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/11/2015

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1 FILED: KINGS COUNTY CLERK 08/11/ :43 PM INDEX NO /2015 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/11/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ~ )(. DEUTSCHE BANK NA TI ON AL TRUST COMPANY, AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST MORTGAGE PASS-THROUGH 'CERTIFICATES, -against- Plaintiff, NOTICE OF PEND ENCY Index No CLAUDE FLEURIMOND, JULIE BLAINE A/K/A JULIE ' BLAIN AND GF CAPIT{\L FUNDING CORP., Defendants )( PROPERTY ADDRESS: 929 East 92"ct Street, Brooklyn, New York 11236, Kings County Tax Map Block 8125, Lot 17 (the "Premises"), the metes and bounds description of which is annexed hereto as Exhibit "A" NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in the Court stated above upon the Complaint in the above entitled action by Plaintiff pursuant to Real Property Actions and Proceedings Law Article 15, as specified in the Complaint.in this action, annexed hereto as Exhibit "B", in which Plaintiff demands judgment determining, inter alia, that: a. On the First Cause of Action, that plaintiff be declared to be the lawful first mortgagee as against the fee interest of Julie'Blaine, effective as of October 12, 2006, and that Julie Blaine and every person or entity claiming under her, be barred from all claims to an estate or interest in the Premises described in this complaint that is adverse to or in derogation of that of plaintiff as a first mortgagee as of October 12, 2006 in the principal amount of $412,750; b. On the Second Cause of Action, for a declaration that plaintiff holds an equitable lien against the interest of Ms. Blaine in the Premises effective as of October 12, 2006

2 in the sum of $347,727.53, the amount of loan proceeds disbursed on behalf of Ms. Blaine or for the benefit of the Premises, with interest from October 12, 2006; c. On the Third Cause of Action, for a declaration that plaintiff is equitably subrogated to the Tribecca Lending Corporation mortgage in the sum of $347, recorded December 7, 2005 at CRFN as of October 12, 2006, with interest; d. On the Fourth Cause of Action, a declaration that GF Capital's mortgage recorded in CRFN is subject and subordinate to plaintiffs mortgage against the fee interest of Claude Fleurimond and Julie Blaine; e. Costs and disbursements; and f. For such other and further relief the Court deems just and proper. THE CLERK OF THE COUNTY OF KINGS is directed to index this notice to the above-captioned defendants and premises. Dated: New York, New York August 11, 2015 BUTLER, FITZGERALD, FIVESON & McCARTHY, A Professional Corporation Attorneys for Plaintiff Deutsche Bank National Trust Company as Trustee for MASTR Specialized Loan Trust Mortgage Pass-Through Certificates By: David K. Fiveson A Principal of the Firm Nine East 45th Street, Ninth Floor New York, New York (212)

3 TO: CLAUDE FLEURIMOND 929 East 92"d Street Brooklyn, New York JULIE BLAINE A/Kl A JULIE BLAIN 929 East 92"d Street Brooklyn, New York GF CAPITAL FUNDING CORP. 333 Buckingham Road Cedarhurst, New York

4 EXHIBIT A. I.,I

5 Title Number: RPD-NYlOOIOA RAPPID ABSTRAC'J; AGENCY, LLC as Agent for Commonwealth Land Title Insurance Company SCHEDULE A (Description) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly side of The Public Road leading to Canarsie Landing at a point distant 140 feet 1/2 inch Northerly from the corner formed by the intersection of the Easterly side of said Road leading to Canarsie Landing and the Northerly si!fe of A venue E (now Foster Avenue) as said Avenue is Laid down on the Town survey Commissioner's Map; RUNNING THENCE Easterly parallel with Avenue E, 155 feet 6-3/4 mches; THENCE Northerly parallel with East 93rd Street as laid down on the Town Survey Commissioner's Map, 30 fe-et; THENCE Westerly parallel with Avenue E, 50 feet; THENCE Northerly parallel with East 93rd Street, 10 inches; THENCE Westerly parallel with A venue E, 100 feet 2-3/4 inches to the Easterly side of the Public Road Leading to Canarsie Landing; \ THENCE Southerly along the said Public Road Leading to Canarsie Landing 30 feet 10 inches to the point or place of BEGINNING. BEING MORE PARTICULARLY DESCRIBED: BEGINNING at a point 140 feet 0 1/2 inches on the Northeasterly side of-east 92nd Street from the intersection of the Northeasterly side of East 92nd Street with the Northwesterly side of Foster Avenue; THENCE Northeasterly, 155 feet 6 3/4 inches; THENCE Northwesterly, 30 feet; THENCE Southwesterly, 50 feet; THENCE Northwesterly, 10 inches; THENCE again Southwesterly, 106 feet 2 3/4 inches to the Northeasterly side of East 92nd Street; RUNNING THENCE along said Northeasterly side of East 92nd Street, 30 feet 10 inches to the point or place of BEGINNING. FOR INFORMATION PURPOSES ONLY: The APNis shown by the County Asseilsor as ; Source of Title is Doc. No ~, (Recorded 05/14/2004) Schedule A Page 2 of 2

6 EXHIBITB

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ~ )( DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, -against- Plaintiff, CLAUDE FLEURIMOND, JULIE BLAINE A/K/ A JULIE BLAIN AND GF CAPITAL FUNDING CORP., SUMMONS Index No. Date Purchased: Venue is in Kings County under CPLR 507 as it is the place of the subject Premises. Defendants )( TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to serve upon plaintiffs attorney, at his address stated below, an answer to the attached complaint. If this summons was personally served upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered. against you, by default, for the relief demanded in the complaint, without further notice to you. The action will be heard in the Supreme Court of the State of New York, in and for the County of Kings. This action is brought in the County of Kings because pursuant to CPLR 507 the judgment would affect the title to or possession, use or enjoyment of real property located in Kings County; namely, 929 East 92nd Street, Brooklyn, New York 11236, Kings County Tax Map Block 8125, Lot 17.

8 Dated: New York, New York August 11, 2015 BUTLER, FITZGERALD, FIVESON & McCARTHY, A Professional Corporation Attorneys for Plaintiff Deutsche Bank National Trust Company as Trustee for MASTR Specialized Loan Trust Mortgage Pass-Through Certificates ~~-~ ~--~-~- ~ By: David K. Fiveson A Principal of the Firm Nine East 45th Street, Ninth Floor New York, New York (212) TO: CLAUDE FLEURIMOND 929 East 92nd Street Brooklyn, New York JULIE BLAINE A/K/ A JULIE BLAIN 929 East 92nct Street Brooklyn, New York GF CAPITAL FUNDING CORP. 333 Buckingham Road Cedarhurst, New York

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ~ )( DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MASTR SPECIALIZED LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, -against- Plaintiff, COMPLAINT Index No CLAUDE FLEURIMOND, JULIE BLAINE AIK!A JULIE I BLAIN AND GF CAPITAL FUNDING CORP., Defendants )( Plaintiff Deutsche Bank National Trust Company, as Trustee for MASTR Specialized Loan Trust Mortgage Pass-Through Certificates, ("Deutsche Bank"), by and through the attorneys Butler, Fitzgerald, Fiveson & McCarthy, A Professional Corporation complaining of the defendants, alleges as follows: 1. This action is brought pursuant to RP APL 1515 to compel the determination of claims and interest in real property known as 929 East 92nd Street, Brooklyn, New York (identified on the Kings County Tax Map as Block 8125, Lot 17) (the "Premises"). A copy of the legal description of the Premises is annexed as Exhibit A and is incorporated herein by reference. 2. Plaintiff Deutsche Bank is a national trust company authorized to do business in the State of New York. County, New York. 3. Defendant Claude Fleurimond ("Mr. Fleurimond"); is a resident of Kings

10 4. Defendant Julie Blaine, also known as Julie Blain ("Ms. Blaine"), is a resident of Kings County, New York. 5. Defendant GF Capital Funding Corp. ("GF Capital") is a New York Corporation. FACTS 6. Laurie Pierre Lashley, Jean Claude Lima and Julie Blaine acquired title to the Premises by deed dated April 8, 2004 and recorded in the New York City Register's Office on May 14, 2004 in CRFN Thereafter, Laurie Pierre Lashley and Jean Claude Lima conveyed their interests in the Premises to Julie Blaine and Claude Fleurimond by deed dated April 22, 2005 and recorded in the New York City Register's Office December 7, 2005 in CRFN Ms. Blaine and Mr. Fleurimond granted a $318,500 mortgage to Tribecca Lending Corporation by mortgage dated April 22, 2005 and recorded in the New York City Register's Office December 7, 2005 in CRFN The $318,500 mortgag~ granted to Tribecca Lending Corporation was refinanced on October 12, 2006 with the $412,750 mortgage granted to Zurich Mortgage Solutions, LLC which was recorded in the N~w York City Register's Office July 19, 2007 in CRFN (the "Zurich Mortgage"). 10. Ms. Blaine did not sig11 the Zurich Mortgage. 11. The mortgage Ms. Blaine and Mr. Fleurimond granted to Tribecca. Lending Corporation was satisfied of record with a portion of the Zurich Mortgage loan proceeds by satisfaction dated February 9, 2007 and recorded in the New York City Register's Office February 23, 2007 in CRFN , 2

11 12. On March 28, 2007 Mr. Fleurimond and Ms. Blaine granted a $70,000 collateral mortgage to GF Capital Funding Corp. which was recorded in the New York City Register's Office on September 19, 2007 in CRFN (the "GF Capital Mortgage"). 13. Zurich Mortgage Solutions, LLC assigned the Zurich Mortgage to American.Residential Equities, Inc. by assignment of mortgage dated October 17, 2006 and recorded in the New York City Register's Office February 24, 2010 in CRFN Residential Equities, Inc. assigned the Zurich Mortgage to Deutsche Bank National Trust Company, as Trustee ofmastr by assignment of mortgage dated October 7, 2009 and recorded in the New York City Register's Office November 24, 2009 in CRFN The aforementioned assignment of mortgage was corrected by the correction assignment of mortgage dated May 14, 2015 which identifies the assignor as American Residential Equities, Inc. and the assignee as Deutsche Bank National Trust Company as Trustee for MASTR Specialized Loan Trust Mortgage Pass-Through Certificates. This correction assignment of mortgage was recorded in the New York City Register's Office on July 31, 2015 in CRFN

12 I 16. Deutsche Bank is the owner of the note secured by the Zurich Mortgage. AS AND FOR A FJIRST CAUSE OF. ACT:U:ON AGAINST ALL DEFENDAN'f 17. Mr. Fleurimond granted the $412,750 mortgage to Zurich Mortgage Solutions LLC on October 12, 2006, at which time Mr. Fleurimond and Ms. Blaine held record title to the Premises. 18. Upon information and belief, the "intent of Mr. Fleu.rimond, Ms. Blaine and Zurich Mortgage Solutions was for the Zurich Mortgage to encumber the fee interests of Mr. Flemimond and Ms. Blaine in the Premises. Mortgage Through inadvertence or mistake, Ms. Blaine did not sign the Zurich 20. Ms. Blaine benefited from and thus ratified the Zurich Mortgage. 21. Therefore, the Zurich Mortgage should also encumber Ms. Blaine's fee interest in the Premises effective as of October 12, Deutsche Bank, as assignee, seeks a declaration that the Zurich Mortgage encumbers Ms. Blaine's fee interest in the Premises as of October 12, Any estate or interest in the Premises claimed by defendants adverse to the first mortgagee interest of Deutsche Bank as against Ms. Blaine's fee interest, is invalid and ineffective as against the aforesaid interest of Deutsche Bank. 24. All persons having an interest in the Premises and who will be affected by the judgment herein have been named as parties. 4

13 25. No defendant is an unknown, an infant, retarded, mentally ill or an alcohol abuser. 26. The judgment in this action will not affect any person not in being or ascertained at the commencement of the action, who by any_contingency.contained in a devise or grant or otherwise could afterward become entitled to a beneficial interest or estate in the Premises; and every person in being who would have been entitled to such an estate or interest if such event had happened immediately before the commencement of this action is named as a party. 27. No personal claim is made against any defendant other than a defendant who shall assert a claim adverse to the first mortgagee interest of Deutsche Bank set forth herein as against the fee interest of Ms. Blaine in the Premises. AS FOR A SECOND CAUSE OF ACTION AS AGAINST DEFENDANTS JULIE BLAINE AND GF CAPITAL FUNDING CORP~ 28. Deutsche Bank repeats paragraphs 1through27 above. 29. The sum of $347, from the proceeds of the loan secured by the Zurich Mortgage were disbursed to pay off and satisfy the prior mortgage Ms. Blaine and Mr. Fleurimond granted to Tribecca Lending Corporation recorded against the Premises.. ratified the Zurich Mortgage. 30. Therefore, Ms. Blaine benefited from the Zurich Mortgage and thereby 31. Plaintiff is entitled to and/or in the alternative, hereby demands, a declaratory judgment pursuant to CPLR 3017 that it holds an equitable lien against the Premises effective as of October 12, 2006 in the amount of $347,727.53, which was disbursed on behalf of Ms. Blaine or for the benefit of the Premises, with interest from October 12,

14 AS AND FOR A THIRD CAUSE OF ACTION AGAINST JULIE BLAINE AND GF CAPITAL FUNDING CORP. 32. Deutsch Bank repeats paragraphs 1 through 27 and 28 through 31 above The sum of $347,727~53 was disbursed from the proceeds of the loan secured by the Zurich Mortgage to payoff and s.atisfy the prior mortgage Mr. Fleurimond and Ms. Blaine granted to Tribecca Lending Corporation that was recorded December 7, Plaintiff is entitled to a declaratory judgment pursuant to CPLR 3017 that it is equitably subrogated to the Tribecca Lending Mortgage dated April 22, 2005, recorded December 7, 2005, in the sum of $347, as of October 12, 2006, with interest. through 34 above. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST GF CAPITAL FUNDING CORP. 35. Deutsche Bank repeats paragraphs 1through27, 28 through 31 and Mr. Fleurimond and Ms. Blaine granted the GF Capital Mortga.ge on March 28, ', 37. The GF Capital Mortgage, by its terms, is subject and subordinate to a prior mortgage of $412, That as between GF Capital and Zurich Mortgage Solutions, GF Capital is not a bona fide purchaser for value. 39. Therefore, the GF Capital Mortgage is subject and.subordinate to the Zurich Mortgage against the defendants' interests in the Premises. 40. Although GF Capital foreclosed its mortgage and obtained a judgment of foreclosure and sale July 15, 2010, which judgment was entered August 4, 2010, it has failed to. proceed with the foreclosure sale. 6

15 41. The GF Capital Mortgage provides for a default rate of interest of two per cent per month. 42. The GF Capital Mortgage also provides that the default rate of interest accrues on the sums due to the mortgagee after the entry of judgment in favor of the mortgagee and continuing up until the date of actual and full repayment of the indebtedness. 43. The GF Capital Mortgage further provides that the default rate of interest is applicable to advances, attorneys' fees and expenses, and shall continue to accrue on all stich amounts notwithstanding entry of judgment in favor of GF Capital, and notwithstanding CPLR 5001 to 5004 providing for the legal rate of interest of nine percent upon entry of judgment. 44. GF Capital intentionally did not proceed with its auction inasmuch as it is to its benefit to do nothing since interest accrues at the default rate provided for in the mortgage rather than at the lower statutory rate of nine per cent. 45. GF Capital is guilty oflaches by virtue of its failure to proceed with the. foreclosure sale, to the prejudice of Deutsche Bank. 46. In view of the foregoing, Deutsche Bank is entitled to a declaratory judgment pursuant to CPLR 3017 that the Zurich Mortgage encumbers the fee interests of Mr. Fleurimond and Ms. Blaine and that the GF Capital Mortgage is subject and subordinate to the lien of the Zurich Mortgage now held by Deutsche Bank. WHEREFORE, plaintiff requests judgment as follows: a. On the First Cause of Action, that plaintiff be declared to be the holder of a lawful first mortgage executed by Claude Fleurimond and Julie Blaine effective as of October 12, 2006 and that Julie Blaine and every person or entity claiming under her, be barred from all claims to an estate or interest in the Premises described in this complaint that is adverse to or in 7

16 derogation of that of plaintiff as a first mortgagee against her interests as of October 12, 2006 in the principal amount of $412,750; b. On the Second Cause of Action, for a declaration that plaintiff holds an equitable lien against Ms. Blaine's fee interest in the Premises effective as of October 12, 2006 in the amount of $347,727.53, the amount of the proceeds of the loan secured by the Zurich Mortgage disbursed on behalf of Ms. Blaine or for the benefit of the Premises, with interest from October 12, 2006; c. On the Third Cause of Action, for a declaration that plaintiff is equitably subrogated to the Tribecca Lending Corporation mortgage recorded December 7, 2005 in the sum of $347, as of October 12, 2006, with interest; d. On the Fourth Cause of Action, a declaration that GF Capital's mortgage is subject and subordinate to plaintiffs mortgage as a lien against the fee interest in title of Claude Fleurimond and Julie Blaine; e. Costs and disbursements; and 8

17 f. For such other and further relief the Court deems just and proper. Dated: New York, New York August 11, 2015 BUTLER, FITZGERALD, FIVESON &McCARTHY A Professional Corporation Attorneys for Plaintiff Deutsche Bank, as Trustee for MASTR Specialized Loan Trust Mortgage Pass-Through Certificates David K. Fiveson A Principal of the Firm Nine East 45th Street Ninth Floor New York, New York (212)

18 hhibit A..

19 Title Number: RPD-NYlOOIOA RAPPID AIBl 'lrrac'lf AGENCY, JLJLC as Agent for Commonwealth Land Title Insurance Company. SCHEDULE A (Description) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: BEGINNING at a point" on the Easterly side of The Public Road leading to Canatsie Landing at a point distant 140 feet 1/2 inch Northerly from the corner formed by the intersection of the Easterly side of said Road leading to Canarsie Landing aild the Northerly si9e of A venue E (now Foster Avenue) as said Avenue is Laid down on the Town survey Commissioner's Map; RUNNING THENCE Easterly parallel with Avenue E, 155 feet 6-3/4 filches; THENCE Northerly parallel with East 93rd Street as laid down on the Town Survey Commissioner's Map, 30 fe~t; THENCE Westerly parallel with Avenue E, 50 feet; THENCE Northerly parallel with Easi 93rd Street, 10 inches; THENCE Westerly parallel with A venue E, 100.feet 2-3/4 inches to the Easterly side of the Public Road Leading to Canarsie Landing;,,. THENCE Southerly along the said Public Road Leading to Canarsie Landing 30feet10 inches to the point or place of BEGINNING. BEING MORE PARTICULARLY DESCRIBED: BEGINNING at a point 140 feet 0 1/2 inches on the Northeasterly side of East 92nd Street from the intersecti'on of the Northeasterly side of East 92nd Street with the Northwesterly side of Foster Avenue; THENCE Northeasterly, 155 feet 6 3/4 inches; THENCE Northwesterly, 30 feet; THENCE Southwesterly, 50 feet; THENCE Northwesterly, 10 inches; THENCE again Southwesterly, 106 feet 2 3/4 inch es to the Northeasterly side of East 92nd Street; RUNNING THENCE along said Northeasterly side of East 92nd Street, 30 feet 10 inches to the point or place of BEGINNING.. FOR INFORMATION PURPOSES ONLY: The APN is shown by the County Assessor as ; Source of Title is Doc. No , (Recorded 05/14/2004) Schedule A Page 2 of 2