Deutsche Bank Natl. Trust Co. v Maraj |
2008 NY Slip Op 50176(U) [18 Misc 3d 1123(A)] |
Decided on January 31, 2008 |
Supreme Court, Kings County |
Schack, J. |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
This opinion is uncorrected and will not be published in the printed Official Reports. |
Deutsche Bank National
Trust Company As Trustee under the Pooling and Servicing Agreement Series Index 2006-AR6,
Plaintiff,
against Ramash Maraj a/k/a Ramish Maraj, et al., Defendants. |
Plaintiff's application, upon the default of all defendants, for an order of reference for the
premises located at 255 Lincoln Avenue, Brooklyn, New York (Block 4150, Lot 19, County of
Kings) is denied without prejudice, with leave to renew upon providing the Court with a [*2]satisfactory explanation to various questions with respect to the July
3, 2007 assignment of the instant mortgage to plaintiff,
Defendant RAMASH MARAJ borrowed $440,000.00 from INDYMAC on March
7, 2006. The note and mortgage were recorded in the Office of the City Register,
New York City Department of Finance on March 22, 2006 at City Register File Number (CRFN)
2006000161303. INDYMAC, by Mortgage Electronic Registration Systems, Inc. (MERS), its
nominee for the purpose of recording the mortgage, assigned the note and mortgage to plaintiff
DEUTSCHE BANK, on July 3, 2007, with the assignment recorded on September 5, 2007 at
CRFN 2007000457140.
According to plaintiff's application, defendant MARAJ's default began with the nonpayment of principal and interest due on March 1, 2007. Yet on July 3, 2007, more than four months later, plaintiff DEUTSCHE BANK accepted the assignment of the instant non-performing loan from INDYMAC. Further, both assignor MERS, as nominee of INDYMAC, and assignee DEUTSCHE BANK list Suite 400/500 on the July 3, 2007 Assignment as their "principal place of business." To compound corporate togetherness, page 2 of the recorded Assignment, lists the same Suite 400/500 as the address of INDYMAC.
The Assignment by MERS, on behalf of INDYMAC, was executed by Erica Johnson-Seck, Vice President of MERS. The notary public, Mai La Thao, stated in the jurat that the assignment was executed in the State of Texas, County of Williamson (Williamson County is located in the Austin metropolitan area, and its county seat is Georgetown, Texas). The Court is perplexed as to why the assignment was not executed in Kansas City, the alleged "principal place of business" for both the assignor and the assignee.
Twenty-eight days later, on July 31, 2007, the same Erica Johnson-Seck executed plaintiff's
affidavit submitted in support of the instant application for a default judgment. Ms.
Johnson-Seck, in her affidavit, states that she is "an officer of Deutsche Bank National Trust
Company as Trustee under the Pooling and Servicing Agreement Series INDX 2006-AR6, the
plaintiff herein." At the end of the affidavit she states that she is a Vice President of DEUTSCHE
BANK. Again, Mai La Thao is the notary public and the affidavit is executed in the State of
Texas, County of Williamson. The Erica Johnson-Seck signatures on both the July 3, 2007
assignment and the July 31, 2007 affidavit are identical. Did Ms. Johnson-Seck change
employers from July 3, 2007 to July 31, 2007, or does she engage in self-dealing by wearing two
corporate hats?
Further, the Court requires an explanation from an officer of plaintiff DEUTSCHE BANK [*3]as to why, in the middle of our national subprime mortgage financial crisis, DEUTSCHE BANK would purchase a non-performing loan from INDYMAC, and why DEUTSCHE BANK, INDYMAC and MERS all share office space in Suite 400/500.
With the assignor MERS and assignee DEUTSCHE BANK appearing to be engaged in possible fraudulent activity by: having the same person execute the assignment and then the affidavit of facts in support of the instant application; DEUTSCHE BANK's purchase of a non-performing loan from INDYMAC; and, the sharing of office space in Suite 400/500 in Kansas City, the Court wonders if the instant foreclosure action is a corporate "Kansas City Shuffle," a complex confidence game. In the 2006 film, Lucky Number Slevin, Mr. Goodkat, (a hitman played by Bruce Willis), explains (in memorable quotes from Lucky Number Slevin, at www.imdb.com/title/tt425210/quotes).
A Kansas City Shuffle is when everybody looks right, you go left . . .
It's not something people hear about. Falls on deaf ears mostly . . .
No small matter. Requires a lot of planning. Involves a lot of
people. People connected by the slightest of events. Like whispers in
the night, in that place that never forgets, even when those people do.
In this foreclosure action is plaintiff DEUTSCHE BANK, with its "principal place of
business" in Kansas City attempting to make the Court look right while it goes left?
Accordingly, it is
ORDERED, that the application of plaintiff,
ORDERED, that leave is granted to plaintiff,
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER
THE POOLING AND SERVICING AGREEMENT SERIES INDEX 2006-AR6,
This constitutes the Decision and Order of the Court. [*4]
ENTER
___________________________
HON. ARTHUR M. SCHACK
J. S. C.