In Re Mims Creditors Motion for Relief of Stay 20 Sep 2010

8/8/2019 In Re Mims Creditors Motion for Relief of Stay 20 Sep 2010

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UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK

InRe:

TANDALAMIMSAKA TANDALA WILLIAMS

Debtor.

Hearing Date: October 20, 2010Hearing Time: 2:00 pm

NOTICE OF MOTION FO R

TERMINATION OF AUTOMATIC

STAY

Case No.: 10-14030-mg(Chapter 7)

Assigned to:Hon. MARTIN GLENNBankruptcy Judge

Please take notice that Wells Fargo Bank, NA, a secured creditor of Debtor, by the undersigned attorneys,

will move this Court on the 20th day of October, 2010, at 2:00 pm or as soon thereafter as counsel can be heard, at

the United States Bankruptcy Court, One Bowling Green, 6th Floor, Courtroom # 606, Manhattan, NY

10004-1408 for an Order pursuant to 11 U.S.C. §362(d)(1) and (d)(2) terminating the automatic stay as to movant's

interest in real property commonly known as 1167 Grenada Place, Bronx, NY 10466 and for such other rel ief as the

Court may deem proper.

DATED: September 20, 2010Buffalo, New York

Yours,etc. .

U g h (};t>--ky:Ehret A. Van Hom, Esq.STEVEN J. BAUM, P.C.Attorneys for Secured CreditorWells Fargo Bank, NA

Office and Post Address:220 Northpointe Parkway, Suite GAmherst, NY 14228Telephone 716-204-2400



TO:TANDALA MIMS1167 Grenada PlaceBronx, NY 10466

UNITED STATES TRUSTEEOffice of the U.S. Trustee33

Whitehall StreetF loor 21

New York, NY 10004

Debtor

U.S. Trustee

DAVID BRODMAN, ESQ. Attorney for DebtorLaw Office of David Brodman633 Lydig AvenueBronx, NY 10462

SALVATORE LAMONICA, ESQ. Chapter 7 TrusteeLaMonica Herbst & Maniscalco, LLP3305 Jerusalem Avenue

Wantagh,NY

11793




InRe:

TANDALA MIMS AKA TANDALA WILLIAMSDebtor.

APPLICATION

Case No.: 1O-14030-mg(Chapter 7)


Wells Fargo Bank, NA ("Secured Creditor"), by its attorneys Steven J. Baum, P.C., moves to terminate

the automatic stay in this case with respect to the real property commonly known as 1167 Grenada Place, Bronx,

NY 10466 and states as follows:

1. Secured Creditor is the holder of a mortgage dated the 10th day of May, 2004 in the amount of

$374,037.00 secured by the premises commonly known as 1167 Grenada Place, Bronx, NY 10466 (the

"Mortgaged Premises"). A copy of the Note, Mortgage and Assignment is attached hereto as Exhibit' A'.

2. On the 27th day of July, 2010 Debtor Tandala Mims aka Tandala Williams filed a Petition under

Chapter 7 of Title II U.S.C. §101 et seg with this Court, and an Order for relief was duly entered.

3. The Note and Mortgage provide that the Debtor will be in default if she does not make full monthly

payments on each due date. As of the 16th day of September, 2010, the Debtor is due for 6 payments in the

amount of $2,771.96 which represents the payments due the 1st day of April, 2010 through September, 2010 and

has not cured said default. A Motion for Relieffrom Stay Worksheet is attached hereto as Exhibit 'B'.



4. Through the 1st day of October, 2010, there is a total indebtedness owed on the Note and Mortgage in

the sum of $355,398.13. Interest on the unpaid principal balance will continue to accrue, and to protect its

security in the Mortgaged Premises Secured Creditor may be required to make further advances for property

taxes, insurance and related matters. In addition , there is a second mortgage in the amount of $34,249.00 as set

out in the Debtor's Schedule D. There are total mortgages in the amount of$389,647.13.

5. Based on the Schedule A & D attached hereto as Exhibit 'C' , said real property is valued at

$430,000.00. Based on the Secured Creditor's lien amount, additional liens against the Mortgaged Premises and

the value of the Mortgaged Premises, there exi sts minimal equity in the premises.

6. Section 362(d)(1) of the Bankruptcy Code provides in pertinent part that the Court shall grant relief

from the stay imposed by Section 362(a) "for cause, including lack of adequate protection of an interest in

property .. " As set forth above, cause exists to vacate the automatic stay as the Debtor has failed to make monthly

mortgage payments to Secured Creditor.

7. Furthermore, Section 362(d)(2) of the Bankruptcy Code provides in pertinent part that the Court shall

grant relief from stay imposed by Section 362(a) if "(A) the debtor does not have equity in such property ; and (B)

such property is not necessary to an effective reorganization." See, 11 U.S.C. § 362(d)(2)(A)-(B). Therefore, the

Secured Creditor is entitled to relief pursuant to 11 U.S.c. § 362(d)(2) as there exi sts minimal equity in the

Premises after costs of sale. The Secured Creditor submits that the Mortgaged Premises are not necessary for the

effective reorganization of the Debtor as the instant case is a Chapter 7 liquidation case.

8. A Memorandum of Law is submitted herewith.

9. Debtor is entitled to a homestead exemption as the Mortgaged Premises is also her homestead.



10. A copy of a propo sed Order h'fanting the relief sought by Secur ed Credito r is annexed hereto as

Exhibit '0 ' .

I I . No prior application has been made for the relief requested herein.

WHEREFORE, Secured Creditor respectfully requests that an Order be granted termiuating the

automatic stay immediately ~ s to Secured Credi tor's inte res t in the Mortgaged Premises together with such other,

further and different relie f as th e Court may deem just in this matter.

DATED: Septe mber 20, 2010

Buffalo, New York Yours, etc.

By: C4Lf2 ~ ! kEhret A. Van Horn, Esq.STEVEN J. BAUM , P.C.Attorneys for S ec ured Credito rWells Fargo Bank , NAOffice and Post Address:220 Northpointe Parkway, Suite GAmherst, NY 14228T elephone 716-204 -2400



-

11111111111111N O n

L O ~ i f__

May 10. 2004[Dale]

NOTE IHAC u. No. • - ,

I

1167 GRENADA PLACE.BRONX.NY 10466 .. /[Propert;y Addresl]

I . PARTIES"Borrower" means each persoo signing at the end of this Note. and the perIOn's succesaors and IISsigm. -Lender- means

LEND AMERICA

and its . . . . . . . . . " . and . . . gns.2. BORROWER'S PROMISE TO PAY; INTEIIEST

In return for .toan received from. Lender, Borrower promises to pay the principal sum ofThree Hundred Seventy Four Thousand Thirty Seven and no/100

Dollars (U.s. $ 374,037.00. / ). plu. intcn:st. to the 0Jder of Lender. Interest wHl be charged on unpaid principal,from the date of disbursement of the 10ao proceeds by Lender, at the rate of Si xpen:ent ( 6. 0000 ~ . " ) pe r year unhl the full amount of principal . . . . been pald.3. PROMISE TO PAY SECURED

Borrower', promise to pay is secured by a mortpge, deed of tms1 or similar security inltnnnent that is dated the same dilleIS this Note and called the "Security IDstmment." Th e Security InllnJmellt proteCI8 the Lender from 10 . . . which might . . . . 1 ifBorrower defaults IDld.. thll Note.4. MANNER OF PAYMENT

(A ) 11meBomnver lIIail make • payment of principal and iDterest to Lender on the first day of each month beginning onJu J.y 1 ,2 004 . Any principal and in t . . . . tomaining on th e lilllt day of June 1

2034 . / , wiD be due on tbst dote, which II called th e "Maturity Date."(B) Plaee

Payment shall be made at 201 OLD COUNTRY ROAD. MELVILLE. NY 11747 oi

by notice to Borrower.(C ) Amount

or at such place as Lender may designate in writing

Bach monthly payment of principal and interest will be in thelllllOU1tl o f U.S. $ 2. 242.54;' . This amountwill be pan of • larger monthly ~ ""IuiMd by the Seourity 1n'lnJment, tbst shall be applied to principal. interest andother items in the order described in the Security Inlllnllnent.

(D ) ADo.., to this Note fo r __ 8 e 1 1 - "If an allonge providin& for payment adjustments ia executed by Borrower together with this Note. the covenants of

the allonge shall be incorporated. into and shalllllDCDd and supplement the c:oveoaots of thia Note as if the allonge were a pan ofIhia Note. [Check applicable box]

DGraduated PaytneDI Allonge DGrowing Equity AllonS" DOth. . - [specify)

5. BORROWER'S RIGHT TO PREPAYBonowcr bas the right to pay the debt cvideDccd by thil Note. in whole or in part. without cIwze or penalty. on dtb fi m

day of IDlYmcmth. Lender shall accept prepsymcnt on other days provided. that Borrower pays interelrt on the amount prepaid forthe remaindu of the month to ebe exteDI: required by Lender and pemUlted by regulatioos of the Secretary. IT Borrower makes apartial prepayment. there wiD be no changes in the due date or In the amount of the monchly paymeot. unless Lender agrees inwriting to those c:I!ang . .

FHA. Ml1IdaIe Fbed.lWe NDie - 10 m, . . .

1R 102:101. . . . . VMPMORTGAGE"f'OfWIS-1t00I1521-7291 I. _ I ~p.. . 1 ell 2 MW l e w ! Il'itials: l:..I!ll....J.. ,.,...,.



·". -.6. BORROWER'S FAILURE TO 1".4.Y

( i \ ) Late CIuIriIe r .. Overdue I'IqmeDts• If LeudcI" hu DOl ""';YCd !be ruB lDODIhly payment t<qUin:d by Ihe _ t y natntmcat, u deacrlbod In Pananpb

" ' (C) of thl. Note, by Ihc end of nftocn CIIlendar day. after !he paymell1 . . due, Leader "'"y coIleoI • late " " - In the . . . . . . . . .of Four percent ( 4.0000 ")oftheoven\uelDlOuntofcodlpaymeut.

(8 ) noraultIf Borrower defauI . by falling 10 pay in ruB any mootItly payment, then Lender may, except I I limited by regulations

of the Seerewy In !b e COR of paymeot defaults, n:quire _ _ _ n full of the prindpal balance mnainiu&due andall tlCCTUed inteIeat. Leode< may _ DOl to ....ate thill option wltbout walYing lis rigbts In !be evatt of m y .ubseq . . .defatt. In many circumstances regulatiOD' issued by the Seerewy will Hmlt LauIer'I rightJ to require immedi81e payment infull in th e caoe of paymeII1 defauha. 'Ilti> Note _ _ _ _ on ",ben DOl permitted by HUD regu!aliON. AI UICdin litis Note, "Sccn:wy" mems the Sccn:wy of HOU8In& aud UrbIm Devdopmat! or bl . or he r deaignee.

(C ) ~ orCGoU and ~I f x - I e t hu n:quired immediate _In'un . . . clelK:nOedabove, Leader may require Borrower to pay costs ond

. . ens . iDcluding . . . . ." . .ble and CUIlOttW'y anoruey.' feel for _ n : i n g this Note 10 the exteu! DO' probiblled by applicablelaw. Such fees 8Dd COIla shall bear iDterat from the dale of disbunemeot at the wo e rate u the principal of thll Note.

7,W.4.IVERSBorrow<t ond any otber perIllO wbo h u obllgalionl under tItiI Note waive !he rigb . of preoentment ond _Ice of

dishonor . "PreUlltmelll"' meaDS tbe right to require l..eDder to dcmaDd p8YmeD1 of amounts due . -Notice of dieboDor"' meaI'lI therip.t 10 require Lea.der to giv e notice to other pcnollS that amounts due b y e no t been paid.

8. GIVING OF NODCESUDI_ applicable law requireI a difl'eleul method, any nuti . . hat IIIIISt be given to Burrower under thl. Note wlll be IPveu

by ddiverinJ I. or by maning it by 11m clUl mall to Burrower . . !be property _ above or at • dHfm:nt a d d _ ifBorrower has glveo. Leoder a uorice of Borrower', different addreBII.

M y OOlite !hot _ be sly .. to Lcoder under tItiI Note .,.,1 be Jiven by lira. c:Iua mail '0 Lender al!be add. . . . . . _ inParagraph 4(8) or at • difl'ereot addrnI if Borrower il Jiven a DOtice of 1h1l differeot addrea.

'0OBLIG.4.TlONS 01 ' PERSONS UNDER THIS NOl'EIf more than one perIl lO .1"", 1Iti. Note, each perauD i. I'uIly and peroonally o b l i . _ to k<ep all of tho pmmI_ . . - in

thI. Note. lDcllldiDg the promilO to pay the fulllDDOUlll owed. Any penon wh o iI a paraIl tor, surety or e:Ddorser of this Note IIa100 obllpteclto do tbeIC _p. IuIy penou wbo _ over tbeIC oblipllonl. iItcIudiDc !be obHgadonI o f . parIIIIOr. IU",,>"or eudoner of this Note, Is a100 obilpted 10 k<ep all of !be promises . . - In this Note. Leode< 1tIIty eOIforcc Its rigbls under tItiINote asaiD" each perann indiYidually or op\nII a l l s i p a _ togctbcr. M y 0 ' " pmon signing thl. Note ma y be IOqUin:d topay all of the amount. owed under Chi, Nose.

d l G N I N G BELOW. Burrower ~ . . _ t o helClTlll and : .. . _&o o n t ~lu this Note.

~ 192 (Seal) ~ ~ J ~ ~ ~ : . ~ . ' f r : : t : C . ..." ' - _____ SeaI)TrtO.M : ~ :

&Y. s - LYDIA MI ~ -

~ E ~ ~ ~ - - - - - - - - - - - - - - - - - - - - - - -

__________________________ (SeaI)

~ B o r r o w e r

PADI TOTllROJtIIDlOJ"

C \ - 1 R I021Cf

VIC" PRE8IDDIT

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SeaI)

·80 . . -

rA -------------------------------- (Seal). ........,



NYC DEPARTMENT OF FINANCEOFFICE OF TH E CITY REGISTER

This page is part of the instrument. The CityRegister willrely on the infonmation providedby you on this page for purposes ofindexingthis instrument. The information on this pagewillcontrol for indexing purposes in the eventof any eonruetwith the rest of the document. 2004051300282002001E30C7

RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 11Document ID: 2004051300282002 Document Date: 05-10-2004 Preparation Date: 05-13-2004Document Type: MORTGAGEDocument Pa e Count: 9PRESENTER:STRUcrURE CLOSING SERVICES LTD1970FLATBUSH AVEBROOKLYN, NY 11234718-258-5759SCS-1075-BXRI

RETURN TO:LEND AMERICA201 OLD COUNTRY ROADSUITE 101MELVILLE, NY 11747

PROPERTY DATABoroughBRONX

Block Lot Unit . Address4934 64 Entire Lot 1167 GRENADA PLACE

Prope rty Type: DWELLING ONLY - 2PAMILY

CROSS REFERENCE DATACRPN __ or Document ID _ _ _ _

MORTGAGERIBORROWER:TANDALA MIMS637 EAST 234TH STREETBRONX, NY 10466

or

x AdditionalParties Listed on Continu.tionPage

Year Reel Page __ or File Number _ _ _

PARTIESMORTGAGEEILENDER:MERSP.O. BOX 2026FlJNT, MI 48501

FEES AND TAXESRecording Fee: $ 82.00

$ 374,037.00 Affidavit Fee: $ 0.00$ 374,037.00~ = = . = = = = = = = - t - " ' -__ _ = - - = = = _ - I N Y C Real Property Transfer Tax FilingPee:

$ 0.00

$ 1,870.00$ 3,740.00$ 0.00$ 935.00$ 910.00

0.00$ 7,455.00

NYS Real Estate Transfer Tax:

$ 0.00RECORDED OR FILED IN TH E OFFICE

OF THE CITY REGISTER OF TH E

CITY OF NEW YORKRecordedlFiled 06-02·2004 10:40City RegisterFileNo.(CRFN):

~ c i . J J , . . t . .f&In.::;ro337126

City Register Officb Signature



NYC DEPARTMENT OF FINANCEOFFICE OF THE CITY REGISTER

200405130028200200lC3247--------- --REcoiiliiiIiG AND ENDORSEMENT COVER PAGE (CONTINUATION) PAGE 2 OF 11

DOC:Ulnent In : 2004051300282002 Document Date : 05-1()"2004 Preparation Date: 05-13-2004Documen t Ty pe: MORTGAGE

PARTIES - - - - -- - - - - - - - -- - - - -MORTGAGERIBORROWER:LYDIA MIMS637 EAST 2 34TH STREETBRONX , NY 10466

MORTGAGERIBORROWER:JOHNNIE BELLE637 EAST 234TH STREETBRONX, NY 10466



WHEN' RECORDED RETURN TO:LENDAMERICA201 OLDCOUNTRYRD. STE. 101MELVILLE.NY11747

- - - - - - _ -___ Spac. Above""" Uue For Re<ord!ng Datal -;::;;;:;:;::::;;::::;:;::::=====:::::;

State of New York MORTGAGEAP#

~ LN#

~ MIN

.;j/':{&(;.: H I S MORTGAGE ('Security Instrument') is given onjY \ ' \ The Mongagor is TANDALAMIMS. LYDIAMIMSand JOHNNIE

whose address is 637 E 234 STREET.BRONX.NY10466

May 10. 2004BELLE

.("Borrower") . This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ('MERS"),(soleiy as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mongagee. MERS isorganized and existing under the laws of Delaware, and has an address and ttlephone number of P.O. Box 2026,Flint. MI 48501·2026 , tel. (888) 679 -MERS. FO R PURPOSES OF RECORDING TIl lS MORTGAGE, MERS

IS TH E MORTGAGEE OF RECORD.LENDAMERICA

,("Lender") is organi7;ed and exisllng under the laws of NEWYORK , andhas an address of 201 OLDCOUNTRYRD. STE. 101. MELVILLE.NY11747

. Borrower owes Lender the principal sum of

Three Hundred Seventy Four Thousand Thirty Seven and no/IOODollars (U.S. $ 374.037.00 ).

This debt is evidenced by Borrower's note dated the same date as this Security Instrument ('Not o "), whichprovides for monthly payments, with the full debt, if not paid earlier, due and payable on June 1. 2034

. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by theNote, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums,

FHA New York Mortgage with MEltS· 4/96~ N ( N Y J10102 1 Ameuded Z/OI

..~

&Qe , of 8 MW 0ZJ01 Itdtl* : •VMPMORTGAGEFORMS-(800)521·72 1

.r/AA--11111I1

3 ( ]~ , . ~ \ s ' \ £i ffiVOc \ ) ~b o ~~ , \ \ J : ) t l~ i ~ c \ \ l J ~ ~



with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performanceof Borrower's covenants and agreemerus under this Security Instrument and the Note. Fo r this purpose, Borrower

does bereby mortgage, grant and convey to MERS (solely as nominee for Lender aod Lender ' s successors andassigns) and to the su<:cessors and assigns of MERS, the following described property located in

Bronx County, New York:

SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A"A.P.N . #: SECTION 17 BLOCK 4934 LOT 64

which has the address of 1157 GRENADA PLACEBRONX ICityl, New York

•

10456[Strce'l

[Zip Codel ("Property Address");

TOGETHER WITH all the improvements now or bereafter erected on the property, and all easemeots,appurtenances and fixtures now or hereafter a part of the property, All replacements and additions shall also hecovered by this Security Instrumeot. All of the foregoing is referred to in this Security Instrument as the "Property."Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in thisSecurity Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender'sSu<:cessOfll and assigns), has the right: to exercise any or all of those interests, including, bu t not limited (0 , the rightto foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing orcaoceling this Security Instrument .

BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed aod has the right tomortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record,Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to anyencumbrances of record.

THIS SECURITY INSTRUMENT combines unlform covenants for national use and non-uniform coveDanlSwith limited variations by jurisdiction to constitute a uniform security instrument covering real property.

Borrower and Lender covenant and agree as follows:UNIFORM COVENANTS.J. Paymeot of Principal, Interest and Late Charge, Borrower shall pa y when du e the principal of, and

interest on , the debt evidenced by the Note and late charges due under the Note.2. Monthly Payment of Taxes, Insur&n<e an d Other Charges. Borrower shall include in each monthly

payment, together with the principal and Interest as set forth in the Note and any late charges, a sum for (aJ taxes andspecial assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on thePropeny, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay amortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year inwhich such premium would have been required if Lender still held the Security Instrument, each monthly paymeotshail also include either : (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,or (i1) a monthly charge instead of a mortgage insurance premium if this Security Instrumeot is held by the Secretary,in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these

items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the

maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement ProceduresAct of 1974, 12 U.S.C . Section 2601 et seq . and implementing regulations, 24 CFR Part 3500, as they may beamended from time to time ("RESPA "J, except that the cushion or reserve permitted by RESPA for unanticipateddisbursements or disbursements before the Borrower's payments are available in the account may not be based onamounts due for the mortgage insurance premium.

G - 4 N I N Y ) 10'021..

Palle 2 Df 8



United General Title Insurance Company

Title No. SCS-I075-BXR1

SCHEDULE A

All tbat certain plot, piece or parcel of land , situate, lying and being in tbe Borough and County ofBronx, City and State ofNe" York, bounded and described as follows:

BEGINNING at a point on the corner formed by the intersection of the Easter ly side of GraceAvenue an d "he Northerly side of Grenada Place;

RUNNING THENCE NortllCrly along the Easterly side of Grace Avenue, 80 feet;

THENCE Easterly at righ t angles to Grace Avenue, 25.50 reet;

THENCE Soutber ly parallel with Grace Avenue and part Dftbe distance through a party wall,82.16 feet to the Nortberly side of Grenada Place;

THENCE Westerly alDog the Northerly side of Grenada Place, 25.59 feet to the point Dr place DfBEGINNlNG.

TOGETHER with and subject to an easement of rigbt of way over the extreme Northerly 16 feet ofthe abDve described premises for lngr .es and egress for pedestrians and automobiles to and fromall the premises adjoining the premises above described on the East.

FOR CONVEYANCING ONLYTogether with all the right, title and interest of, in and to any streets and roads abutting tbe abovedescribed premises.Ou, policies- or title josnr/trlce il'ltlude such buildings and illlpronments there on which by 'all' eonstitule real property, unltsssptcHit2lfly u:ptc(td thuon, Now is tilt lime 10 ddermillt 'l\tttlher we have uamilltd aU or'he property ttlseJDtnu you dtSire to f tinsured: of thert are Ilppurrtnant tllSemclIts 10 be: insured, please request such insurance. In some CliStS, our ratt m2nUlii provides rorRn additiolltll charge Cor such insuranCe.

FORM 26-C88·74-A(4-9J) NVSLTA CERTIFICATE OF TITLE· SCHEDULE A

J(V\ .



I f the amounts held by Lender for Escrow Items exceed the amounts pennilted to be held by RESPA, Lendershall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any

time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower tomake up the shortage as penniued by RESPA.

The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. IfBorrower tenders to Lender the full payment of all such sums, Borrower's account shall he credited with the balanceremaining for all installment items (a), (b), and (c) and any mortgage insurance prentiurn installment that Lender hasnot become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account sban be

credited with any balance remaining for all installments for items (a), (b), and (c).3. Application of Payments. All payments under paragraphs I and 2 sball be applied by Lender as follows:First, to the mortgage iosurance prentium to be paid by Lender to the Secretary or to the monthly cbarge by the

Secretary instead of the monthly mortgage insurance prentium;~ , to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard

insurance premiums, as required;Third, to interest due under the Note;

Fourth, to amortization of the principal of the Note; andFifth , to late charges due under the Note.4. Fire, Flood an d Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether

now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for whichLender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lenderrequires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequentlyerected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companiesapproved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payableclauses in favor of, and in a form acceptable to, Lender.

In the event of loss, Borrower shall give Lender inunediate notice by mail. Lender may make proof of loss if notmade promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make paymentfor such loss directly to Lender, instead of to Borrower and to Lender jointly. All Or any part of the insuranceproceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note andthis Security Instrument, ftrst to any delinquent amounts applied in the order in paragraph 3, and then to prepaymentof principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to theprincipal sball not extend or postpone the due date of the monOdy payments which are referred to in paragraph 2, or

change the amount of such payments. Any excess i"surance proceeds over an amount required to pay all outstandingindebtedness under the Note and this Security Instrument shall be paid to the entity legally .entitled thereto.

In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishesthe indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to thepurchaser.

S. Occupancy, Preservation, Maintenance an d Protection or the Property; Borrower's Loan Application;Leaseh olds . Borrower shall occupy, establish, and use the Property as Borrower 's principal residence within sixtydays after the execution of this Security Instrument (or within sixty days of a later ,ale or transfer of the Property)and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date ofoccupancy, unless Lender detennines that requirement will cause undue hardship for Borrower, or unless extenuatingcircumstances exist which are beyond Borrower's control. Borrower sball notify Lender of any extenuatingcircumstances. Borrower shall not commit waste or destroy, damage or subslSntiaily change the Property or allow theProperty to deteriorate, reasonable wear and lear excepted. Lender may inspect the Property if the Property is vacantor abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or

CCl\,-4N[NY) 1(102) PlIge30fS



abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gavematerially false or inaccurate infonnation or statements to Lender (o r failed to provide Lender with any material

informalion) in connection with the loan evidenced by the Note, including , but nol limited to, representationsconcerning Borrower's occupancy of the Property as a principal residence . If this Security Instrument is on aleasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, theleasehold and fee title shall not be merged unless Lender agrees to the merger in writing.

6. Condemnation. The proeeeds of any award or claim for damages, direct or consequential, in connection withany condemnation or other IJIking of any part of the Property , or for conveyance in place of condemnation, arehereby assigned and shall be paid to Lender 10 the extent of the full amount of the indehtedness that remains unpaidunder the NOle and this Security Instrument. Lender shall apply such proceeds to the reduction of the indehtednessunder the Note and this Security instrument, first to any delinquent atnounts applied in the order provided inparagraph 3, and then to prepayment of principal . Any application of the proceeds to the principal shall not extend orpostpone the du e date of the monthly payments, which are referred to in paragraph 2, or change the amount of suchpayments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and thisSecurity Instrument shall be paid to the entity legally entitled thereto.

7. Charges 10 Borrower an d Prolection of Lender's Rights in Ih e Property. Borrower shall pay all

governmental or municipal charges, fmes and impositions that are not included in paragraph 2. Borrower shalt paythese obligations on time directly to the entity which is owed the payment. I f failure to pay would adversely affectLender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receiptsevidencing these payments.

If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any othercovenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantlyaffect Lender's rights in the Property (such as a proeeeding in bankruptcy, for condemnation or to enforce laws orregulations), then Lender may do and pay whatever is necessary to protect the vaIue of the Property and Lender'srights in the Property , including payment of taxes, hazard insurance and other items mentioned in paragraph 2.

Any atnounts disbursed by Lender under t1tis paragraph shall become an additional debt of Borrower and besecured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Noterate, and at the option of Lender, shall be immediately due and payable.

Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptJlble to Lender; (b)contestS in good faith the lien by , or defends against enforcement of the lien in, legal proceedings which in tbeLender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien anagreement satisfactory to Lender subordinating the lien to this Security Instrument. I f Lender determines that any partof the Property is subject to a lien wbich may attain priority over t1tis Security Instrument, Lender may giveBorrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forthabove within 10 days of the giving of notice.

8. F . . . Lender may collect fees and charges authorized by the Secretary .9. Grounds fo r Acceleration of Debl.

(a) Default. Lender may, except as limiled by regulations issued by the Secretary, in the case of paymentdefaults, require immediate payment in full of all sums secured by this Security Instrument if:

(I) Borrower defaults by failing to pay in M I any monthly payment required by this Security Instrumentprior to or on the due date of the next monthly payment, or(iI) Borrower defaults by failing, for a period of thirty days, to perform any other obligations containedin this Security Instrument.

(h) Sale Witboul Credit Approval . Lender sban, i f permitted by applicable law (including Section 341(d)of the Gam-St. Germ ain Depository Institutions Act of 1982, 12 U.S.C. 170Ij·3(d» and with the priorapproval of the Secretary, require immediate payment in full of all sums secured by this Security Instrumentif:

cD- 4N (N Y) (0 1 02)..

PII1IG40 f 8



(i) All or part of the Propeny, or a beneficial interest in a trust owning all or part of the Property, is soldor otherwise transferred (other than by devise or descent), and

(ii) The Property is not occupied by the plU'Chaser or grantee as his or ber principal residence , or thepur<:haser or grantee does so occupy the Property but his or be r credit has not been approved inaccordance with the requirements of the Secretary.

(e) No Waiver. If circumstance. occur that would penni t Lender to require immediate payment in full, butLender does not require sueb payments, Lender does not waive its rigbt. with respect to subsequent events.(d) R"l:'llatlons of BUD Secretary. In many circumstances regulations issued by the Secretary will limitLender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if notpaid. This Security Instnunent does not authorize acceleration or foreclosure if not pennittc:d by regulationsof the Secretary.(e) Mortgage Not Insured. Borrower agrees that if this Security ~ t r u m e n tand the Note are not detenninedto be eligible for insurance under the National Housing Act within 60 days from the date bereof, Lendermay, at its option , require immediate payment in full of all sums secured by this Security Instrument. Awritten statement of any authorized agent of the Secretary dated subsequent to 60 days from the date bereof,declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of sueb

ineligibility. Notwithstanding the foregoing, this option may not be exer<:ised by Lender when theunavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to theSecretary.

10. Reinstatement. Borrower bas a right to be reinstated if Lender bas required ·immediate payment in fullbecause of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applieseven after foreclosure proceedings are instiruted. To reinstate the Security Instrument, Borrower shall tender in alump sum all amounts required to bring Borrower's account current including, to the extent they are obligations ofBorrower under this Security InstrUment, foreclosure costs and reasonable and customary attorneys' rees and expensesproperly associated with the foreclosure proceeding . Upon reinstatement by Borrower , this Security lnatrument andthe obligations that it secures shall remain in effect as if Lender had not required immed iate payment in full.However, Lender is not required to pennit reinstatement if: (i) Lender bas accepted reinstatement after thecommencement of foreclosure proceedings within two years immediately preceding the commencement of a currentforeclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)reinstatement will adversely affect the priority of the lien created by this Security Instrument.

11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment ormndification of amortization of the sums secured by this Security Instrument granted by Lender to any successor ininterest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor ininterest. Lender sball not be required to commence proceedings against any successor in interest or refuse to extendtime for payment or otherwise modify amonization of the sums secured bY,this Security Instrument by reason of anydemand made by the original Borrower or Borrower' s successors in interest : Any forbearance by unde r in exercisingany right or remedy shall not be a waiver of or preclude the ex"",ise of any right or remedy.

12. Successors an d AssIgns Bound; Joint and Several Liability; Co-81goers. The covenants and agreementsof this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to theprovisions of paragraph 9(b) . Borrower's covenants and agreements shall be joint and several. Any Borrower whoco-signs this Security Instrument but does not execute the Note: (a) is co -signing this Security Instrument only tomortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument ; (b)is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and anyother Borrower may agree to extend, modify, forbear or make any accommodations with regm! to the terms of thisSecurity Instnunent or the Note without that Borrower's consent.

G - 4 N t N Y J ,01021iO

Pago 6 018



13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it orby mailing it by first class mail unless applicable law requires use of another method. The notice sball be directed to

the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall begiven by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower .Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender whengiven as provided in this paragraph.

14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of

the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrumentor the Note conflicts with applicable law. such conflict shall not affect other provisions of this Security Instrument orthe Note which can be given effect without the conflicting provision. To this end the provisions of this SecurityInstrument and the Note are declared to be severable.

IS. Borrow .. s Copy. Borrower shall be given one conformed copy of the Note and of this SecurityInstrument.

16. Hazardous SubstanCES. Borrower shall not cause or permit the presence. use. disposal. ,torage. or releaseof any Hazardous Substances on or in the Proporty. Borrower ,hall not do, nor allow anyone else 10 do. anythingaffecting the Proporty that is in violation of any Environmental Law. The preceding two sentences shall not apply to

the presence. use. or storage on the Property of small quantities of Hazardous Substances that are generallyrecognized to be appropriate to norruaJ residential uses and to maintenance of the Property.

Borrower sball promptly give Lender written notice of any investigation. c13Jm. demand. lawsuit or other actionby any govenunental o r regulatory agency or private party involving the Property and My Hazardous Substance orEnvlrorunental Law of which Borrower has actual knowledge. I f Borrower learns. or is notified by any governmentalor regulatory authority. that any removal or other remediation of any Hazardous Substances affecting the Property isnecessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.

As used in this paragraph 16, "Hazardous SUbstances" are those . substances defined as toxic or hazardoussubstances by Environmental Law and the following substances: gasoline. kerosene. other flammable or toxicpetroleum products. toxic pesticides and berbicides. volatile solvents. materials containing asbestos or formaldehyde.and radioactive materials. As used in this paragraph 16. 'Envirorunental Law' means federal laws and laws of thejurisdiction where the Property is located that relate to health, safety or environmental protection.

NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues

of the Property . Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directseach tenant of the Property to pay the rents to Lender or Lender's ageots. However. prior to Lender's notice toBorrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and

receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assigrunent of

rents constitutes an absolute as,ignment and not an assignment for additional security only .If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as

trustee for benefit of Lender only. to be applied to the sums secured by the Security Instrument; (b) Lender shall beentitled to collect and receive all of the rents of the Property; and (c) each teoant of the Property shall pay all rentsdue and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.

Borrower has not executed any prior assignment of the rents and has not and will not perfonn any act that wouldprevent Lender from exercising its rights under this paragraph 17.

Lender shall not be required to enter upon. take control of or maintain the Property before or after giving noticeof breach to Borrower. However. Lender or a judicially appointed receiver may do so at any time there is a breach.Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. Thisassignment of reDts of the Property shall terminate when the debt secured by the Security Instrument is paid in full.

Q - ! N I N V ) 101021'"

P-oe 6 of 8



18. Foreclosure Procedure. I f Lender requires Immediate payment In full under paragrapb 9, Lender maybring a lawsuit to take away all of Ib e Borrower's remolDIng ri£hls in lb . Property and bave tb e Property sold.

At tbis sale, Lender or another person ma y acquire \be Property. This Is known as "foreclosure and sale.' I nany lawsuit for foreclosure an d sale; Lender will bave th e right to collect all costs and disbursements an daddition al allowances allowed by law an d WIll bave Ib e ri£ht to add all reasons"le attorney.' fees to tbe amountowed Lender, wblch fees sball become part of Ibe Swns Secured.

Lender ma y require immediate payment in full under paragrapb 9.I f tb e Lender's interest in tbls Security Instrument is held by tb e Secretary and the Secretary requires

immediate payment in. full under ,Paragrapb 9, th e Secretary may invoke the noojudidal power of saleprovided In tb e Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 37St ef seq.) by requestinga foreclosure commissioner designated under tbe Act to commence foreclosure and to seU tbe Property asprovided in tb e Act. Nothing in Ibe preceding sentence sball deprive tb e Secretary of any rlgbts otberwiseavailable to a Lender under tbls Paragrapb 18 or applicable law.

19. Len<ter'. Obligation to Discharge ibis Security Instrument. When Lender has been paid all amounts dueunder the Note and under thi. Security Instnunent, Lender will discharge this Security InstrumeDt by delivering acertificate stating that this Security Instrument has been satisfied. Borrower will not be required to pay Lender for litedischarge, but Borrower will pay all costs of recording lite discharge in lite proper official records.

20. Agr<ements about New York Lien Law. Borrower will receive all amounts lent by Lender subject to thetrust fund provisions of Section 13 of !he New York Lien Law. This means lItat if, on lite date this SecurityInstrument is recorded, construction or other work on any building or other improvement located on the Propeny hasnot been completed for at least four months, Borrower will: (A) hold all amounts which Borrower received and whichBorrower has a right to receive from Lender under the Note as a ' trus t fund"; and (B) use those amounts to pay forthat construction or work. before Borrower uses them for any other purpose. The fact that Borrower is holding thoseamoums as a "trust fund" means that for any building or other improvement located on !he Property Borrower has aspecial responsibility under the law to use the amoum in the manner described in this paragraph 20.

21. RId.", to this Security Instrument. If one or more riders are executed by Borrower and recorded togellterwith this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend andsupplement the covenants and agreemenr.. of this Security Instrument as if the rider(s) were a pa n of this SecurityInstrument. (Check applicable box(es)].o Condominium Ridero Planned Unit Development Rider

~ N { N Y )101021..

o Growing Equity Ridero Graduated Payment Ridero Other (specifY]

Page 7 tit &



BY SIGNING BELOW, Borrower accepts aod agrees to the tenns contained in this Security Instrument aod inany rider(s) exec t by Borr9We aod recorded with it.

Witnesses: I I

(Seal)-Borrower

(Seal)-Borrower

(Seal)-Borrowcr

STATE OF NEW YORK

County of QUEENS

On the 10th day of Maynotary public in aod for said state, personally appearedBELLE

d M ~" " " " ' ' ; L - ; - ; \ : ; : - . ; - ; = - - - -TANDAL'AMIMS -Borrower

LYDIA ~ ' : f Y ' A d M 4" " " " ' : = - ~ i l ' ! ! " ' I L - - : : : r . C L . . L . o " " " ' -Borrower

~ aff£~ ~ ~ ~ : . . . ; : ; - - ~ " " " " " " " " - - --Borrower

_ _ _ _ _ _ _ _ _ _ _ _ _ Seal)

-Borrower

_ _ _ _ _ _ _ _ _ _ _ _ SeaI)

-Borrower

))ss.)

in the year 2004 before me, the undersigned, aTANDALAMIMS. LYDIA MIMSand JOHNNIE

personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)

Tax Map Information:

is/are subscribed to the within instrument and ac1mowledged to me that they executed the same in the; rcapacity(ies), and that by the r signature(s) on the instrument, the individua1(s), or the person upon behalf of

which the individua1(s) acted, executed the instrument. ; j -'7 ' l L l u L ~/ ~ ,My Commission Expires: -'U=..o...l't- _______________

N o ; a ; ; ; M J " t ~ 1

No . . ), ~ ~ ~ . ' t .ll.uaJiftOd onc . o , . , ~ - - ,"'Pre. SO :·,,7

~ " ' N C N Y )(01021 Pail'S of B



UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NE W YORK

InRe:

TANDALA MIMS AKA TANDALA WILLIAMS

Debtor.

Case No.: 10-l4030-mg(Chapter 7)


RELIEF FROM STAY - REAL ESTATE ANDCOOPERATIVE APARTMENTS

I CO",! C Zed.v OF WELLS FARGO BANK, NA, (HEREINAFTER, "MOVANT") HEREBY

DECLARE (OR CERTIFY, VERIFY,OR

STATE):BACKGROUND INFORMATION

1. REAL PROPERTY OR COOPERATIVE APARTMENT ADDRESS WHICH IS THE SUBJECT OF THISMOTION: 1167 GRENADA PLACE, BRONX, NE W YORK 10466

2. LENDER NAME: WELLS FARGO BANK, NA

3. DATE OF MORTGAGE: MAY 10,2004

4. POST PETITION PAYMENT ADDRESS: ONE HOME CAMPUS MAC X2302-04C DES MOINES, IA50328

DEBTN ALUE REPRESENTATIONS

5. TOTAL PRE-PETITION AND POST-PETITION INDEBTEDNESS OF DEBTOR(S) TO MOVANT AT

THE TIME OF FILING THE MOTION: $355,398.13 (good through October 1, 2010)(Note: this amount may not to be relied on as a "payoff' quotation.)

6. MOVANT'S ESTIMATED MARKET VALUE OF THE REAL PROPERTY: $430,000.00

7. SOURCE OF ESTIMATED VALUATION: Schedule A & D



STATUS O F DEBT AS OF

TH E PETITION DATE

8. TOTAL PRE-PETITION INDEBTEDNESS OF DEBTOR(S) TO MOVANT AS OF PETITION FILINGDATE: (Good through October 1,2010) $355 ,398.13

A. AMOUNT OF PRINCIPAL:

B. AMOUNT OF INTEREST:

C. AMOUNT OF ESCROW (TAXES AND INSllRANCE):

D. AMOUNT OF FORCED PLACED INSURANCEEXPENDED BY MOVANT:

E. AMOUNT OF ATTORNEYS' FEES BILLEDTO DEBTOR(S) PRE-PETITION :

F. AMOUNT OF PRE-PETITION LATE FEES, IF ANY,BILLED TO DEBTOR(S):

$343,427.12

$12,019.98

$1,960.34

$0.00

$0.00

$448 .50

9. CONTRACT INTEREST RATE: Fixed 6% (I F INTEREST RATE IS (OR WAS) ADJUSTABLE , PLEASE LISTTHE RATE(S} AN D DATE(S} THE RATE(S} WASIWERE IN EFFECT ON A SEPARATE SHEET AN D ATTACH

THE SHEET AS AN EXHIBIT TO THIS FORM; PLEASE LIST THE EXHIBIT NUMBER H E R E : _ . }

10. PLEASE EXPLAIN ANY ADDITIONAL PRE-PETITION FEES, CHARGES OR AMOUNTS CHARGEDTO DEBTOR'S ACCOUNT AND NOT LISTED ABOVE:

Property Inspection FeesTitle Work ChargeSuspense Amount

$60.00$125.00($2,642.81 )

AMOUNT OF POST-PETITION DEFAULT (AS OF 09 / 1412010)

I I. DATE LAST PAYMENT WAS RECEIVED: June 4, 2010 (applied to suspense)

12. ALLEGED TOTAL NUMBER OF PAYMENTS DUE POST-PETITION FROM FILING OF PETITIONTHROUGH PAYMENT DUE ON 09/0112010 AS THIS IS A CHAPTER 7 CASE, THERE ARE NOW ATOTAL OF 6 CONTRACTUAL PAYMENTS NOW DUE.

13. PLEASE LIST ALL POST-PETITION PAYMENTS ALLEGED TO BE IN DEFAllLT:

ALLEGED ALLEGED AMOUNT AMOUNT AMOUNT AMOUNT LATE FEEPAYMENT AMOUNT RECEIVED APPLIED TO APPLIED TO APPLIED TO CHARGEDDUE DATE DUE PRINCIPAL INTEREST ESCROW I{IF ANY)'04/0112010 $2,771.96 $89.70

'0 5 /0112010 $2,771.96 $89.70'0 6 /0112010 $2,771.96 $0.00'0 7 /0112010 $2,771.96 $0.0008/01/2010 S2,77 1.96 SO.OO

09/0112010 $2,771.96 $0.00TOTALS: $16,631.76 $179.40



• AS TIllS IS A CHAPTER 7, THERE ARE ALSO 4 PRE-PETITION MONTHLY MORTGAGE PAYMENTSNOW DUE AS LISTED ABOVE.

14. AMOUNT OF MOVANT'S ATTORNEYS FEES BILLED TO DEBTOR FO R THE PREPARATION,FILING AND PROSECUTION OF TIllS MOTION: $650.00

15. AMOUNT OF MOVANT'S FILING FEE FOR THIS MOTION: $150.00

16. OTHER ATTORNEYS' FEES BILLED TO DEBTOR POST-PETITION: $0.00

17. AMOUNT OF MOVANT'S POST-PETITION INSPECTION FEES: $15.00

18. AMOUNT OF MOVANT'S POST-PETITION APPRAISALIBROKER'S PRICE OPINION: $0.00

19. AMOUNT OF FORCED PLACED INSURANCE OR INSURANCE PROVIDED BY THE MOVANTPOST-PETITION: $0.00

20. SUM HELD IN SUSPENSE BY MOVANT IN CONNECTION WITH TIllS CONTRACT, IFAPPLICABLE: $2,642.81 (Debtor Funds)

21. AMOUNT OF OTHER POST-PETITION ADVANCES OR CHARGES, FOR EXAMPLE TAXES,INSURANCE INCURRED BY DEBTOR ETC.:

Post-Petition MIPIPMI $278.22



REQUIRED ATTACHMENTS TO MOTION

PLEASE ATTACH THE FOLLOWING DOCUMENTS TO THIS MOTION AND INDICATE THE EXHIBITNUMBER ASSOCIATED WITH THE DOCUMENTS.

I. COPIES OF DOCUMENTS THAT ESTABLISH MOVANT'S INTEREST IN THE SUBJECTPROPERTY. FOR PURPOSES OF EXAMPLE ONLY, A COMPLETE AND LEGIBLE COPY OF THE

PROMISSORY NOTE OR OTHER DEBT INSTRUMENT TOGETHER WITH A COMPLETE ANDLEGIBLE COpy OF THE MORTGAGE AND ANY ASSIGNMENTS IN THE CHAIN FROM THEORIGINAL MORTGAGEE TO THE CURRENT MOVING PARTY. (EXHIBIT A.)

2. COPIES OF DOCUMENTS THAT ESTABLISH MOVANTS STANDING TO BRING THISMOTION. (EXHIBIT A.)

3. COPIES OF DOCUMENTS THAT ESTABLISH MOVANTS INTEREST IN THE REALPROPERTY OR COOPERATIVE APARTMENT WAS PERFECTED. FOR THE PURPOSES OFEXAMPLE ONLY, TIllS MAY BE A COMPLETE AND LEGIBLE COpy OF THE FINANCINGSTATEMENT (UCC-l) FILED WITH THE CLERK'S OFFICE OR THE REGISTER OF THE COUNTY INWHICH THE PROPERTY OR COOPERATIVE APARTMENT IS LOCATED. (EXHIBIT A.)



B6A (Official Form 6A) (12107)

In re Tandala Mims Case No. _ _ _ _ _ _ _ _ _ _ _ _Debtor

SCHEDULE A - REAL PROPERTYExcept as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a

cotenant , community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable forthe debtor's own benefit. I f he debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W,""J," or "C" in the column labeled "Husband, Wife , Joint, or Community." I f he debtor holds no interest in real property, write "None" under"Description and Location of Property."

Do no t include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts an dUnexpired Leases. ~

Ifan entity claims to have a lien Of hold a secured interest in any property, state the amount of he secured claim. See Schedule D. Ifno entityclaims to hold a securcd interest in the property, write "None" in the column labeled !!Amount of Secured Claim." If the debtor is an individual orif a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt.

Description and Location of Property

2 Family House at 1167 Grenada Place, Bronx, NY

Nature of Debtor'sInterest in Property

Joint tenant

_ 0 _ continuation shects attached to the Schedule of Real Property

Software Copyright (e) 1996-2010 - Best Case Solutions - Evanston, IL -www.bestcase.com

Current Value ofDebtor's Interest inProperty, without

Husband,Wife,Joint, or

Community Deducting an y SecuredClaim or Exemption

430,000.00

Sub-Total> 430,000.00

Total> 430,000.00

(Report also on Summary of Schedules)

Amount ofSecured Claim

377,676.00

(Total of this pag

Best Case Bankruptcy



B6D (Official Form 6D) (12107)

In re Tandala Mims Case No. _ _ _ _ _ _ _ _ _ _ _ _Debtor

SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS

State the name, mailing address, including zip eodc, and last four digits of any account number of all cntities holding claims secured by property of the debtor as ofthe date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be providedif he debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, andother security interests.

List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, the child's initials and the name and address of he child's parent orguardian, such as "A.B., a minor child, by John Doc, guardian." Do no t disclose the child's name. See, 11 U.S.c. §1l2 and Fed. R. Bankr. P. l007(m). Ifa11 securedcreditors will not fit on this page, use the continuation sheet providcd.

If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor" ,include the cntity on the appropriateschedule of creditors, and complete Schedule H to Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may beliable on each claim by placing an "H", "W", "J", or "c" in the column labeled "Husband, Wife, Joint, or Community".

If the claim is contingent, place an "X" in thc column labeled "Contingent". I f he claim is unliquidated, place an "X" in the column labeled "Unliquidated". If theclaim is disputed, place an "X" in the column labelcd "Disputed". (You may necd to place an "X" in more than on e of hese three columns.)

Total the columns labeled "Amount of Claim Without Deducting Value of Collateral" and "Unsecured Portion, if Any" in the boxes labeled "Total(s)" on the lastshcct of the completed schedule. Rcport the total from the column labeled "Amount of Claim" also on thc Summary of Schedules and, if he debtor is an individual withprimarily consumer debts, report the total from the column labeled "Unsecured Portion" on the Statistical Summary of Certain Liabilities and Related Data.D Check this box if debtor ha s no creditors holding secured claims to report on this Schedule D.

C Husband, Wife, Joint or Community C U D AMOUNT OFCREDITOR'S NAME 0 0 N I CLAIM

AND MAILING ADDRESSD

H DATE CLAIM WAS INCURRED. NL

s UNSECUREDE w NATURE OF LIEN, AND T I p WITHOUTINCLUDING ZIP CODE, B I Q u DEDUCTING PORTION,IF

AND ACCOUNT NUMBER T J DESCRIPTION AND VALUE N u TVALUE OF ANY0 c OF PROPERTY G I E

(See instructions above.) RSUBJECT TO LIEN E D D COLLATERAL

N A

Account No. 12044447550154 3/06 T TED

M&T Bank Second Mortgage

One Fountain Place2 Family House at 1167 Grenada Place,3rd Floor - Bronx, NY

Buffalo, NY 14203

Value $ 430,000.00 34,249.00 0.00

Account No. 9360644233025 Opened 5/10/04 Last Active 5/17/10

Wells Fargo Hm Mortgag Mortgage8480 Stagecoach Ci r

2 Family House at 1167 Grenada Place,Frederick, MD 21701 - Bronx, NY

Value $ 430,000.00 343,427.00 0.00Account No.

Value $

Account No.

Value $

0Subtotal- - - continuation sheets attached

(Total ofthis page)377,676.00 0.00

Total 377,676.00 0.00(Report on Summary of Schedules)

Software Copyright (c) 1996-2010 _ Bes! Case Solutions - Evanston. tL - www.bes!case.com Best Case Bankruptcy




InRe:

TANDALA MIMS AKA TANDALA WILLIAMS

Debtor.

ORDER

Case No.: 1O-14030-mg(Chapter 7)


Wells Fargo Bank, NA, a secured creditor of Debtor, ("Secured Creditor") having moved this Court for an

Order modifYing the Automatic Stay in this proceeding by permitting said Secured Creditor to foreclose on the

mortgage of premises commonly known as 1167 Grenada Place, Bronx, NY 10466, of which the Debtor is the

owner of record, and

The motion having come to be heard before this Court and no opposition having been submitted by

Salvatore Lamonica, Esq., the Chapter 7 Trustee, by the U.S. Trustee, or by David Brodman, Esq., counsel for the

Debtor, and due deliberation having been had, now

Upon Reading and Filing ofthe Notice of Motion, the Application of Secured Creditor dated September 20,

2010, and proof of service upon all necessary parties, upon motion ofthe Office of Steven J. Baum, P.C., it is hereby

ORDERED, that as to the Secured Creditor or its successors or assigns, the automatic stay is tenninated,

pennitt ing it to foreclose or otherwise pursue its mortgage remedies and rights on the premises commonly known as

1167 Grenada Place, Bronx, NY 10466; and it is further



ORDERED, that the Trustee retain any and all interest that said Trustee may have in any surplus monies

that may be produced from a foreclosure sale of the property, and will be noticed of any such sale of the property

and surplus money proceedings.

DATED: Manhattan, New YorkOctober ,2010

Hon. MARTIN GLENN, U.S.B.l.

In Re Mims Creditors Motion for Relief of Stay 20 Sep 2010

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Transcript of In Re Mims Creditors Motion for Relief of Stay 20 Sep 2010