Wells Fargo Bank, N.A. v. Notice

Wells Fargo Bank, N.A. v Notice 2025 NY Slip Op 32048(U) June 9, 2025 Supreme Court, Kings County Docket Number: Index No. 522486/16 Judge: Cenceria Edwards Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.  FILED: KINGS COUNTY CLERK 06/09/2025 11:49 AM INDEX NO. 522486/2016 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/09/2025 At an IAS Term, Part FRP-1 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the _9 day of June, 2025. P R E S E N T: HON. CENCERIA EDWARDS, Justice. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-FRE1 ASSET-BACKED PASS-THROUGH CERTIFICATES, Plaintiff, - against - Index No. 522486/16 SHIRLEY NOTICE; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY PARKING VIOLATIONS BUREAU; BEVERLY SALMON SUED HEREIN ASS JANE DOE 1, Defendants. ---------------------------------------X The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/ Petition/Cross Motion and Affidavits (Affirmations) 60-81 90-95 Opposing Affidavits (Affirmations) 90-95 Upon the foregoing papers in this action to foreclose a mortgage encumbering the residential property at 678 East 52nd Street in Brooklyn (Block 4772, Lot 18) (Property), plaintiff Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-FRE1 Asset-Backed Pass-Through Certificates (Wells Fargo or Plaintiff) moves (in motion sequence [mot. seq.] three) for an order: (1) confirming the Referee’s Report made in accordance with RPAPL § 1321; (2) granting it a judgment of foreclosure and sale, 1 of 7 [* 1]  FILED: KINGS COUNTY CLERK 06/09/2025 11:49 AM INDEX NO. 522486/2016 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/09/2025 pursuant to RPAPL § 1351; and (3) directing the distribution of the sale proceeds, pursuant to RPAPL § 1354 (NYSCEF Doc No. 60). Defendant Shirley Notice ((Notice or Defendant) cross-moves (in mot. seq. four) for an order: (1) granting Defendant’s cross-motion and denying Plaintiff’s motion; (2) denying Plaintiff’s motion based on its failure to comply with CPLR 4518 (a); and (3) dismissing the complaint based on RPAPL § 1304 (NYSCEF Doc No. 90). Background On December 19, 2016, Wells Fargo commenced this foreclosure action by filing a summons, a complaint verified by counsel and a notice of pendency against the Property (NYSCEF Doc No. 1-2). The complaint alleges that on or about April 18, 2006, Shirley Notice executed and delivered a $457,920.00 promissory note in favor of the original lender, Fremont Investment and Loan (Fremont), which was secured by a mortgage encumbering the Property (NYSCEF Doc No. 1 at ¶¶ 3 and 6). The complaint alleges th