Wells Fargo Bank, N.A. v. Ullah et al

Plaintiff: Wells Fargo Bank, N.A.
Defendant: Farrin Ullah, Asset Acceptance LLC, Internal Revenue Service, Board of Managers of the Columbia Condominium and John Doe
Case Number: 1:2013cv00485
Filed: January 22, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: XX Out of State
Presiding Judge: J. Paul Oetken
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1332 Diversity-Other Contract
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
June 15, 2015 79 Opinion or Order of the Court OPINION AND ORDER re: 52 CROSS MOTION for Summary Judgment, filed by Wells Fargo Bank, N.A. 45 SECOND MOTION to Dismiss for Lack of Jurisdiction and lack of standing, filed by Farrin Ullah. Ullah's motion to dismis s the amended complaint is DENIED, Wells Fargo's motion for summary judgment is GRANTED, and Ullah's counterclaim and three affirmative defenses are dismissed, and it is further ORDERED, that Wells Fargo shall submit, by June 26, 2015, a pr oposed judgment of foreclosure, which shall state the amount of the judgment, including, but not limited to, principal and interest on the note, costs, and attorney's fees associated with the action, and it is further ORDERED, that Wells Fargo&# 039;s request for the appointment of a receiver to sell the mortgaged property at 275 West 96th Street, Unit 25 E, New York, New York 10025, is GRANTED, see N.Y. C.P.L.R. § 5228 ("Upon motion of a judgment creditor,... the court may appoint a receiver who may be authorized to administer, collect, improve, lease, repair or sell any real or personal property in which the judgment debtor has an interest or to do any other acts designed to satisfy the judgment."), and it is further OR DERED, that, on or before June 26, 2015, Wells Fargo shall submit a proposed fee schedule for the Receiver, along with a letter explaining the basis for the proposed fee schedule, as well as the names, addresses, and telephone numbers of three indivi duals who are qualified and willing to act as the Receiver for the purpose of selling the Property, and it is further ORDERED, that if there is no deficiency after the sale of the property, then this case will be closed, but this Court will retain ju risdiction over this matter in the event that there is a deficiency after the sale of the property, see Regency Sav. Bank, 139 F. Supp. 2d at 469; RPAPL § 1371 (allowing for a deficiency judgment where proceeds from foreclosure do not satisfy t he debt), and it is further ORDERED, that Defendant "John Doe 1" shall be replaced by "Zahid Ullah," and Defendants John Does 2 through 10 are dismissed from this action. The Clerk of Court is directed to close the motions at Docket Numbers 45 and 52 . (Signed by Judge J. Paul Oetken on 6/15/2015) (spo)
May 21, 2014 36 Opinion or Order of the Court OPINION AND ORDER re: 33 MOTION for Reconsideration re; 31 Memorandum & Opinion, 32 Clerk's Judgment filed by Wells Fargo Bank, N.A. For the foregoing reasons, Wells Fargo's motion for reconsideration is denied, except that r econsideration is granted to the extent that leave to file an amended complaint is granted. Wells Fargo may file an amended complaint within thirty days. The Clerk of Court is directed to terminate the motion at Docket No. 33. The Clerk shall reopen this case and permit Wells Fargo to file an amended complaint within 30 days. (Signed by Judge J. Paul Oetken on 5/21/2014) (lmb)
February 6, 2014 31 Opinion or Order of the Court OPINION AND ORDER re: 22 MOTION to Dismiss for Lack of Jurisdiction , failure to state a claim, and failure to join a party filed by Farrin Ullah. For the foregoing reasons, Defendant's motion to dismiss the complaint is GRANTED for lack of standing. The Clerk of Court is directed to terminate the motion at Docket No. 22 and close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/06/2014) (ama)

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Search for this case: Wells Fargo Bank, N.A. v. Ullah et al
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Plaintiff: Wells Fargo Bank, N.A.
Represented By: Michael Terrance Conway
Represented By: Mikelle Vieve Komor
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Defendant: Farrin Ullah
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Defendant: Asset Acceptance LLC
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Defendant: Internal Revenue Service
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Defendant: Board of Managers of the Columbia Condominium
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Defendant: John Doe
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