New York Criminal Lawyer Blog
Mortgage Electronic Registration Systems Inc. or “MERS” as the nominee for the America’s Wholesale Lender and its successors are the plaintiffs in this case. The defendants in the matter are Carole Folkes, the New York City Environmental Control Board, Baront Associates, LLC, the Judication Bureau, the New York City Transit, and John Doe (name is being withheld). The case is being heard in the Supreme Court of the State of New York. Judge Schlesinger is hearing the case.
Case Background
The action for this case started in 2005 and should have been a straightforward matter involving a foreclosure. However, there have been several issues that have come up in regard to the issue. The action has required an intervenor, Baron Associates, LLC. A New York Criminal Lawyer said Baron filed a cross claim against the defendant Carole Folkes and another counter claim against the plaintiff Mortgage Electronic Registration Systems, Inc. The index number for the case is 2005, but a note of issue was not filed in the matter until December of 2009.
Case Issues
The case before the court is a motion being made by the defendant Folkes for a summary judgment to dismiss the cross claims that have been made against her. She also seeks an order stating that she has the superior title to the premises in question located on 468 West 146th Street in New York.
The plaintiff MERS has followed with a cross motion for a summary judgment in regard to the foreclosure claims on the subject property. The plaintiff has requested and been denied this relief previously by Judge Kibble Payne in a decision that was dated the fifth of February, 2000. The plaintiff is asking for the amount that is due on their mortgage and note. They also want a declaration that no defendant has any lien on the property. MERS has also moved for summary judgment in the matter to dismiss the counter claim made by Baron.
Baron has opposed all of the relief that is being sought by the plaintiff and the defendants.
Case Discussion and Decision
This case began on the 19th of August in 2004 when the property in question was sold by Shelby Sullivan to 468 West 146th Street Corporation. A Westchester Criminal Lawyer said Paul Jaikaran is the principal of the corporation. The principal took out a mortgage for the property in the amount of $550,000 from Baron. At the closing Baron paid off an existing mortgage on the property in the amount of $46,369.74 to Champion Mortgage Company.
Three months later, on the 23rd of November in 2004, presumably the same Shelby Sullivan sold the property to defendant Carole Folkes for around $700,000. The mortgage was $650,250. Ms. Folkes states that she knew nothing about the previous sale of the property and says she bought the property as a favor to her sister and her sister’s boyfriend who happens to be Paul Jaikaran. She states that her credit was better than both of theirs and that is why she did this.
Both mortgages for the property have been defaulted on.
Decision
The Court has reviewed all of the statements and documents in regard to the property. It is ordering that the motion for summary judgment made by Baron is granted and the second cross claim made against them will be dismissed. A New York Sex Crimes Lawyer said the foreclosure action and the counterclaim made by defendant Carol Folkes is dismissed without costs to either party. The plaintiff’s cross motion for summary judgment is denied.
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