Preview
Z E I CHNER E L LM A N & KR A U SE L L P
1211 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10036
TEL:(212) 223-0400
IRE
WWW.ZEKLAW.COM
6 5329
nsavino@zeklaw.com
February 17, 2021
yIA NYSCEF
Hon. Thomas A. Adams
Nassau County Supreme Court
100 Supreme Court Drive
Mineola, NY 11501
Ariel Bronxville LLC
v. Saeid Tehrani, et al.
Nassau County Index No. 015816/2010
Dear Judge Adams:
We are counsel to Ariel Bronxville, LLC ("Ariel") and write to seek clarification
about the process for executing upon the judgment of foreclosure and sale entered on
January 23, 2020 (the "Judgment") in the referenced matter.
On February 3, 2021, Ariel filed the enclosed Request for a Notice of Sale (the
"Request") along with the Covid-19 Pre-Foreclosure Auction Status Conference Form
(the "Form") it previously served by mail on January 20, 2021 on Saeid Tehrani
("Mortgagor") and his counsel. Neither Mortgagor nor counsel responded or served
notice of Mortgagor's purported hardship before Ariel's filing of the Request.
Immediately after Ariel filed the Request, Mortgagor suddenly filed a
Mortgagor's Declaration of Covid-19 Related Hardship (the "Declaration") that purports
to stay foreclosure of the real property located at 785 Bryant Avenue, Roslyn, NY, 11576
(the "Property") until May 1, 2021. See Declaration. However, Mortgagor is not entitled
to declare hardship as he is not a covered person under the Act (defined hereunder).
The Memorandum issued by The Hon. Lawrence K. Marks dated December 31,
2020 (the "Memo") regarding the COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020 (the "Act') makes clear that for the Act to apply, the Property
"must include the primary residence of the owner/mortgaeor seeking COVID relief, and
."
must otherwise be occupied by a tenant or available for rent . .. See Memo (emphasis
added).
NEW YORK | CONNECTICUT NEW JERSEY | ISRAEL WASHINGTON, DC
Z E I CHN E RE L L M A N&K RA U SE L L P
Honorable Thomas A. Adams
Page Two
February 17, 2021
Mortgagor does not state that the Property is his primary residence in the
Declaration. See Declaration. Indeed, our firm is advised by Ariel that its agent
conducted property visits periodically and has confirmed that Mortgagor does not
currently reside at the Property which appears tenant occupied. That information appears
inconsistent with Mortgagor's statement that "[m]oving expenses and difficulty I have
securing alternative housing make ita hardship for me to relocate to another residence
pandemic."
during the COVID-19 See Declaration.
Tellingly, nowhere in the Declaration does Mortgagor state that he is unable to
continue paying legal fees in an effort to avoid the Judgment yet inconsistently claims
that he is unable to comply with the Judgment due to various other categories of
expenses. See id.
The Act further provides, where, like here:
"[i]n a pending action where a iudgment of foreclosure of sale has been issued on
or before December. 28. 2020 but that has not vet been executeds execution of the
judgment shall be stayed at least until the court has held a status conference with
the parties. During this conference, if the defendant submits a Hardship
Declaration to the foreclosing party, the court, or an agent of the foreclosing party
or the court prior to the execution of the judgment, the Action shall be stayed until
at least May 1, 2021 (Act, Part B, Subpart A, §8). See Memo (emphasis added).
Accordingly, we respectfully request that the Court grant Ariel's Request for a
Notice of Sale since Mortgagor is not a covered person under the Act. If the Court is not
yet prepared to grant the Request, we alternatively propose that the Court schedule a
status conference to determine whether Ariel's Request should be granted without any
further stay in view of the issues raised by this letter.
Sincerely,
/ s/ Nicholas A. Savino
Nicholas A. Savino
Enclosures
4833-5016-1629, v. 1
Plaintiff's Request for Notice of Sale
INDEX NO. 015816/2010
FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM|
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021
of New
N.Y.S. SUPREME COURT, COUNTY OF NASSAU
FORECLOSURE AUCTION PART
REQUEST TO FILE A NOTICE OF SALE
CINITIAL REQUEST [REQUIRES SUBMISSION OF THE COVID-19 PRE-FORECLOSURE AUCTION STATUS
FORM]
SSUBSEQUENT REQUEST DUE TO ANY POSTPONEMENT OR CANCELLATION;
DATE OF INITIAL FORECLSOURE AUCTION: April7, 2020
THIS SECTION SHALL BE COMPLETED BY COUNSEL, OTHERWISE THE REQUEST TO FILE NOTICE OF SALE
WILL NOT BE PROCESSED BY THE COURT.
In orderto initiate
the Foreclosure Auction procedure, Plaintiff's
counsel shallsubmit, to the Court,a Request to file
a Notice of
Sale.
Upon car t n of theRequest to file
a Notice of Sale, counsel
Plaintiff's shallsubmit it onthe NYSCEF System.
Afterthe submission byPlaintiff's
counsel ofthe Request to Filea Noticeof Sale,the Court,in accordance with the Administrative
I Order ofthe Chief Administrative Judge,AO/157/20, effectiveJuly27, 2020,shallschedule aPre-Foreclosure Auction Status
Conference, after which the Court willprovide the date and time ofthe Foreclosure Auction.
A: CASE INFORMATION
INDEX NUMBER: 10-015816
PLAINTIFF: ArielBronxvilleLLC
SaeidTehrani,ShalaTehrania/k/aShahleTehrani,HSBCMortgage
Corporation
(USA),BPDBank,Manheim
Automotive
FinancialServices
DEFENDANT:
B. JUDGEMENT OF FORECLOSURE AND SALE
• On what date was the Judgrñéñt of Foreclosure and Sale executed? January 22, 2020
• On what date was the Judgrñêñt of Foreclosure and Sale entered? January 23, 2020
C: SUBJECT PROPERTY INFORMATION
Address: 785 Bryant Avenue, Roslyn, NY
Property
13 OCTOBER 2020
1 of 5
FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM INDEX NO. 015816/2010
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021
Section20 Lot282 Block F
D: COURT APPOINTED REFEREE INFORMATION
Joseph J. Ra,Esq· Tê|êphsñê: (516) 398-2162 JosephJRa@yahoo.com
Name: EMAll:
Address: 877 N. Corona Avenue, ValleyStream, NY 11580
Signature: Date:
E: PLAINTIFF ATTORNEY'S AND DEFENDANT/HOMEOWNER AND OR DEFENDANT ATTORNEY CONTACT INFORMATION
Plaintiff's
Attornev Information Defendentjhomeowner/Defcedcat AttGrñêy Information
NAME: Nichclas A. Savino, Esq. Pankaj Malik,Esq.
Ellman
&Krause
Zeichner, 1211
LLP, oftheAmericas
Avenue New NY10036
York. WarshawBurstein,LLP,575LexingonAvenue,NewYork,NY10022
ADDRESS:
TELEPHONE: (212) 826-5329 (917) 817-7660
EMAIL: _nsavino@zeklaw.com pmâ|ikGvvoñy.com
Nicholas A. Savino , Esq.an attorney at law licensed to practice in the State of New York, and the attorney for
the Plaintiffin this action, hereby certifics that,to the best of his/her knowledge, information and belief, farmed after
an inquiry reasonable under the circumstances, that I am not aware of any COVID-19 reliefsought by and granted to
the Defend::nt by the Plaintiffas of the date of the submissian of this Request to Filea Notice of Sale, which would
preclude the Plaintiff from proceeding with the foraciasure sale of the subject property at Public Foreclosure Auc+ion.
DATE: February 1, 2021 Nicholas A. Savino,Esq.
PRINT NAME
SIGNATURE OF PLAINTIFF'S ATTORNEY
13 OCTOBER 2020
2 of 5
FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM INDEX NO. 015816/2010
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021
N.Y.S. SUPREME COURT, COUNTY OF NASSAU
* *
POST FORECLOSURE SETTLEMENT CONFERENCE MEDIATION PART
COVID-19 PRE-FORECLOSURE AUCTION STATUS CONFERENCE FORM
prior
Pursuant to AO/157/20, to any further
prc-cécdkgsin a foreclosure
matter, the court must initiate
a status or settlement
ec-nfcrmëto address
a range of subjects related
to the case and COVID
-19 concerns.
CASE INFORMATION:
INDEX NUMBER: 10-015816 CASE TYPE: RESIDENTIAL FORECLOSURE;ÃœTAX FORECLOSURE
PLAINTIFF. ArielBronxvile,LLC
DEFENDANT. Saeid Tehrani, et.al.
APPEARANCES:
PLAINTIFF'S ATTORNEY DEFENDANT / DEFENDANT'S ATTORNEY
NicholasA. Savino,Esq. Pankaj Malik Esq
NAME:
Z°'°'"°"""''"'""©" ² dieArnehs, NewYok NY,10036 WashawBurstein,
LLP,575Lexingon
Avenue,NewYork,NY10022
ADDRESS:
TELEPHONE: 212-826-5329 (917)817-7660
EMAIL. nsavino@zeklaw.com pmâ!!k wbny.com
SIGNATURE:
AO/232/20 (2), effective October 22.2020: Vacant and Abandoned Property
Plaintiff'scounsel has submitted to the Court an Affirmation averring that the subject property isvacant and
abandoned;
Plaintiff'scounsel has submitted to the Court an Affidavit of Investigation declaring that the subject property is vacant
and abandoned;
an
. , Esq. attorney at law licensed topractice inthe State of New York, and the attorney forthe
Plaintiffinthisaction, hereby certifiesthat, tothe best of his/herknow|édge, information and belief,formed afterdiligent
inquiry reasonable under the circumstances, that as ofthe date of the submission ofthis COVID-19 Pre-Foreclosure Auction Status
Conference Form the subject property is dssmsd to be vacant and ±±rsd
DATE: __
PRINT NAME
SIGNATURE OF PLAINTIFF'S ATTORNEY
INTERNAL USE ONLY
Accordingly, waiver of COVID-19 Pre-Foreclosure Auction Status Conference is:o GRANTED; o DENIED; o N/A
Rev. 27 October 2020
3 of 5
FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM INDEX NO. 015816/2010
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021
INQUIRY REGARDING COVID-19:
1. Has the homeowner/borrower sought and was he/she granted COVID-19 reliefby the Plaintiff?Ü Yes No
Ifyes, please state the reliefgranted:
2. Covid-19 Federat atorium Hold:¤Yes No; GSEs: FHA; HUD;¤FHL.MC; FNMA;ÜGNMA;ÜVA;
Private Investor; N/A;
Other:
3. Does the Plaintiff(servicer/tender) intend on proceeding with the sale of the subject property at Forectosure
Auction? ÃœYes UNo
Ifno, does the Plaintiff(servicer/tender) intend on withdrawing the: ÃœJudginent of Foreclosure and Sate;ÃœNotice of
Sale; orÃœadjourning the foreclosure sale?; N/A
4OTICE:
The Court directs the attorney for Plaintiff(servicer/tender) to serve notice of thisCOVID-19 Pre-Foreclosure Auction
Status Conference to the Defendant(s) and Defendant's attorney, ifDefendant(s) is/are represented by an attorney, and
filean affidavit of service.
Plaintiff'scounsel has not received a response from the Defendant/hcrñeevvut-r/Defense counsel. Accordingly,
Plaintiff'scounset shall upload the Request to Filea Notice of Sale, the COVID-19 Pre-Foreclosure Auction Status
COñference Form, and Affidavit of Service to the NYSCEF System and await a date and time from the Court for an in
person COVID-19 Pre-Foreclosure Auction Status Conference.
TheÃœDefendant and/orÃœDefendant's attorney request an in-person Pre-Foreclosure Auction Status Conference.
PLAINTIFF'S COUNSEL:
NicholasA. Savino Esq. an at law licensed to practice in the State of New
, attorney York,
and the attorney for the Plaintiff in this action, hereby certifies that, to the best of his/her knowledge,
information and belief, formed after an inquiry reasonable under the circumstances, that I am not aware
of any COVID-19 relief sought by and granted to the Defendant by the Plaintiff as of the date of the
submission of this COVID-19 Pre-Foreclosure Auction Status Conference Form, which would preclude the
Plaintiff from proceeding with the foreclosure sale of the subject property at Public Foreclosure Auction.
DATE: January 20,2021 NicholasA. Savino, Esq.
PRINT NAME
SIGNATURE OF PLAINTIFF'S ATTORNEY
Rev. 27 October 2020
4 of 5
FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM INDEX NO. 015816/2010
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021
STATE OF NEW YORK, AFFIDAVIT OF SERVICE
COUNTY OF NEW YORK. BY FIRST CLASS MAIL
ANTHONY ROSARIO, being duly sworn, says: that I am over the age of eighteen
20*
years, am not a party herein, and reside in Bronx County, New York and that on the day of
January, 2021, I served a true copy of the within COVID-19 PRE-FORECLOSURE AUCTION
STATUS CONFERENCE FORM upon the attorney/party hereinafter named at the places
forth below their names the cñclosed in post-
herciñafter stated and set by depositing same, properly
paid, addressed wrappers, in an official depository under the exclusive care and custody of
properly
the United States Post Office Department within the City and State of New York, directed to said
attorney/party at their lastknown addresses given below.
Pankaj Malik, Esq.
Warshaw Burstein, LLP
Attorneys for Defendant Saeid Tehrani
575 Lexington Avenue
New York, New York 10022
Saeid Tehrani
785 Bryant Avenue
Roslyn, NY 11576
ANTHONY ROSARIO
Sworn to before me on this
20*
day of January, 2021
NOTARY PUBLIC
MICHAEL W. ANTONIVICH
NotaryPublic,Stateof New Ypgka
No. 01AN4762190
Qualifiedirt Nassau
Codfitw.,.:.
Commissiori ExpiresJune 302.
5 of 5
Defendant Saeid Tehrani's Hardship Declaration
Index Number (if known/applicable): County and Court (if known/applicable):
15816/2010 Nassau Supreme Court
NOTICE TO MORTGAGOR:
If you have lost income or had increased costs during the COVID-19 pandemic,
and you sign and deliver this hardship declaration form to your mortgage lender or
other foreclosing party, you cannot be foreclosed on until at least May 1, 2021. If
your mortgage lender or other foreclosing party provided you with this form, the
mortgage lender or other foreclosing party must also provide you with a mailing
address and e-mail address to which you can return this form. If you are already in
foreclosure proceedings, you may return this form to the court. You should keep a
copy or picture of the signed form for your records. You will still owe any unpaid
mortgage payments and lawful fees to your lender. You should also keep careful
track of what you have paid and any amount you still owe.
MORTGAGOR'S DECLARATION OF
COVID-19-RELATED HARDSHIP
I am the mortgagor of the property at (address of dwelling unit):
785 Bryant Avenue, Roslyn, NY, 11576
Including my primary residence, I own, whether directly or indirectly, ten or fewer
residential dwelling units. I am experiencing financial hardship, and I am unable to
pay my mortgage in full because of one or more of the following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing essential
work or related to health impacts during the COVID-19 pandemic.
3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or
sick member during the COVID-19 pandemic have negatively affected
family
or the of someone in household to obtain meaningful
my ability ability my
employment or earn income or increased my necessary out-of-pocket expenses.
4. expenses and difficulty I have securing alternative housing make it a
Moving
hardship for me to relocate to another residence during the COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negatively affected
my ability to obtain meaningful employment or earn income or have significantly
reduced my household income or significantly increased my expenses.
6. One or more of my tenants has defaulted on a significant amount of their rent
payments since March 1, 2020.
To the extent I have lost household income or had increased expenses, any public
assistance, including unemployment insurance, pandemic unemployment assistance,
disability insurance, or paid family leave, that I have received since the start of the
COVID-19 pandemic does not fully make up for my loss of household income or
increased expenses.
I understand that I must comply with all other lawful terms under my mortgage
agreement. I further understand that lawful fees, penalties or interest for not having
paid my mortgage in full as required by my mortgage agreement may stillbe charged
or collected and may result in a monetary judgment against me. I also understand
that my mortgage lender or other foreclosing party may pursue a foreclosure action
against me on or after May 1, 2021, if I do of fully r missed or partial
payments and lawful fees.
Signed.
Saeid Tehrani
Printed name:
Date signed:
O 2 2- 2O2-
NOTICE: You are signing and submitting this form under penalty of law. That
means itis against the law to make a statement on this form that you know is false.
Memorandum Issued by the Hon. Lawrence K. Marks dated
December 31, 2020
NEW YORK STATE
Unified Court System
OFFICE OF COURT ADMINISTRATION
LAWRENCE K. MARKS
CHIEF ADMINISTRATIVE JUDGE
MEMORANDUM
December 31, 2020
To: Hon. George J. Silver
Hon. Vito C. Caruso
From: Lawrence K. Marks LM
Subject: Residential Foreclosure Proceedings Under the COVID-19 Emergency
Eviction and Foreclosure Prevention Act of2020 (L. 2020, c. 381)
As you may know, earlier this week Governor Cuomo signed into law chapter 381 of the
Laws of 2020 (the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
["Act" (effective December 28, 2020); Exh. A]), which, inter alia, provides substantial COVIDÂ
related protections through May 1, 2021 for defendants in residential foreclosure matters. In
brief: the Act immediately stays pending residential foreclosure actions for sixty days, and
provides that, where a mortgagor/owner submits to the foreclosing party or the court a
declaration attesting to hardship arising from or during the COVID-19 pandemic,
proceedings will be further stayed (or commencement tolled) until May 1, 2021. Additional
highlights of the Act are as follows:
1. Stay of Pending Foreclosure Matters: The Act immediately stays pending
residential foreclosure matters for sixty days (i.e., through February 27, 2021), including actions
in which a judgment of sale has been issued but not yet executed (see paragraph 6 below).
Residential foreclosure matters commenced between December 28, 2020 and January 27, 2021
shall also be stayed for sixty days from commencement (Act, Part B, Subpart A, §§1, 3). An
administrative order effectuating this stay (AO/341/20) is attached as Exh. B.
2. Covered matters: The Act applies to any action to foreclose a mortgage relating
to real property if the owner or mortgagor of the property is a natural person (regardless of how
title is held) and owns ten or fewer dwelling units. Those units may be in more than one
building, must include the primary residence of the owner/mortgagor seeking COVID relief, and
must otherwise be occupied by a tenant or available for rent. Shares assigned to a unit of a
residential condominium are included (Act, Part B, Subpart A, §I). The Act applies to tax lien
foreclosure matters, with special provisions discussed in section 8 below.
Not covered: The Act does not cover vacant and abandoned property that was first listed
on the statewide vacant and abandoned property electronic registry before March 7, 2020
1
25 BEAVER STREET, NEW YORK, NEW YORK 10004 • PHONE: 212-428-2120 • FAX: 212-428-2190
DQGUHPDLQVRQWKDWUHJLVWU\ $FW3DUW%6XESDUW$† E 1RUGRHVWKH$FWDSSO\WRRU
DIIHFWPRUWJDJHORDQV³PDGHLQVXUHGSXUFKDVHGRUVHFXULWL]HGE\DFRUSRUDWH
JRYHUQPHQWDODJHQF\RIWKHVWDWHFRQVWLWXWHGDVDSROLWLFDOVXEGLYLVLRQDQGSXEOLFEHQHILW
FRUSRUDWLRQ´ $FW3DUW%6XESDUW$†
1RWLFHWR2ZQHURU0RUWJDJRUDQG+DUGVKLS'HFODUDWLRQ±3XEOLFDWLRQDQG
7UDQVODWLRQ 7KH$FWFRQWDLQVD1RWLFHWR0RUWJDJRUDQGDPRUWJDJRU+DUGVKLS'HFODUDWLRQ
FROOHFWLYHO\³+DUGVKLS'HFODUDWLRQ´ ([K& WREHSURYLGHGLQEODQNIRUPDWWRGHIHQGDQWVLQ
IRUHFORVXUHSURFHHGLQJVVHWWLQJIRUWKYDULRXVJURXQGVE\ZKLFKDQRZQHUPRUWJDJRUPLJKWEH
DGYHUVHO\DIIHFWHGE\WKH&29,' SDQGHPLF $FW3DUW%6XESDUW$† $VWKH$FW
UHTXLUHVWKH+DUGVKLS'HFODUDWLRQZLOOEHSRVWHGRQWKH&RXUW6\VWHP¶VZHEVLWHLQ(QJOLVK
6SDQLVKDQGWKHVL[RWKHUPRVWFRPPRQ QRQ(QJOLVK ODQJXDJHVLQ1HZ
Preview
Z E I CHNER E L LM A N & KR A U SE L L P 1211 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10036 TEL:(212) 223-0400 IRE WWW.ZEKLAW.COM 6 5329 nsavino@zeklaw.com February 17, 2021 yIA NYSCEF Hon. Thomas A. Adams Nassau County Supreme Court 100 Supreme Court Drive Mineola, NY 11501 Ariel Bronxville LLC v. Saeid Tehrani, et al. Nassau County Index No. 015816/2010 Dear Judge Adams: We are counsel to Ariel Bronxville, LLC ("Ariel") and write to seek clarification about the process for executing upon the judgment of foreclosure and sale entered on January 23, 2020 (the "Judgment") in the referenced matter. On February 3, 2021, Ariel filed the enclosed Request for a Notice of Sale (the "Request") along with the Covid-19 Pre-Foreclosure Auction Status Conference Form (the "Form") it previously served by mail on January 20, 2021 on Saeid Tehrani ("Mortgagor") and his counsel. Neither Mortgagor nor counsel responded or served notice of Mortgagor's purported hardship before Ariel's filing of the Request. Immediately after Ariel filed the Request, Mortgagor suddenly filed a Mortgagor's Declaration of Covid-19 Related Hardship (the "Declaration") that purports to stay foreclosure of the real property located at 785 Bryant Avenue, Roslyn, NY, 11576 (the "Property") until May 1, 2021. See Declaration. However, Mortgagor is not entitled to declare hardship as he is not a covered person under the Act (defined hereunder). The Memorandum issued by The Hon. Lawrence K. Marks dated December 31, 2020 (the "Memo") regarding the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the "Act') makes clear that for the Act to apply, the Property "must include the primary residence of the owner/mortgaeor seeking COVID relief, and ." must otherwise be occupied by a tenant or available for rent . .. See Memo (emphasis added). NEW YORK | CONNECTICUT NEW JERSEY | ISRAEL WASHINGTON, DC Z E I CHN E RE L L M A N&K RA U SE L L P Honorable Thomas A. Adams Page Two February 17, 2021 Mortgagor does not state that the Property is his primary residence in the Declaration. See Declaration. Indeed, our firm is advised by Ariel that its agent conducted property visits periodically and has confirmed that Mortgagor does not currently reside at the Property which appears tenant occupied. That information appears inconsistent with Mortgagor's statement that "[m]oving expenses and difficulty I have securing alternative housing make ita hardship for me to relocate to another residence pandemic." during the COVID-19 See Declaration. Tellingly, nowhere in the Declaration does Mortgagor state that he is unable to continue paying legal fees in an effort to avoid the Judgment yet inconsistently claims that he is unable to comply with the Judgment due to various other categories of expenses. See id. The Act further provides, where, like here: "[i]n a pending action where a iudgment of foreclosure of sale has been issued on or before December. 28. 2020 but that has not vet been executeds execution of the judgment shall be stayed at least until the court has held a status conference with the parties. During this conference, if the defendant submits a Hardship Declaration to the foreclosing party, the court, or an agent of the foreclosing party or the court prior to the execution of the judgment, the Action shall be stayed until at least May 1, 2021 (Act, Part B, Subpart A, §8). See Memo (emphasis added). Accordingly, we respectfully request that the Court grant Ariel's Request for a Notice of Sale since Mortgagor is not a covered person under the Act. If the Court is not yet prepared to grant the Request, we alternatively propose that the Court schedule a status conference to determine whether Ariel's Request should be granted without any further stay in view of the issues raised by this letter. Sincerely, / s/ Nicholas A. Savino Nicholas A. Savino Enclosures 4833-5016-1629, v. 1 Plaintiff's Request for Notice of Sale INDEX NO. 015816/2010 FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM| NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021 of New N.Y.S. SUPREME COURT, COUNTY OF NASSAU FORECLOSURE AUCTION PART REQUEST TO FILE A NOTICE OF SALE CINITIAL REQUEST [REQUIRES SUBMISSION OF THE COVID-19 PRE-FORECLOSURE AUCTION STATUS FORM] SSUBSEQUENT REQUEST DUE TO ANY POSTPONEMENT OR CANCELLATION; DATE OF INITIAL FORECLSOURE AUCTION: April7, 2020 THIS SECTION SHALL BE COMPLETED BY COUNSEL, OTHERWISE THE REQUEST TO FILE NOTICE OF SALE WILL NOT BE PROCESSED BY THE COURT. In orderto initiate the Foreclosure Auction procedure, Plaintiff's counsel shallsubmit, to the Court,a Request to file a Notice of Sale. Upon car t n of theRequest to file a Notice of Sale, counsel Plaintiff's shallsubmit it onthe NYSCEF System. Afterthe submission byPlaintiff's counsel ofthe Request to Filea Noticeof Sale,the Court,in accordance with the Administrative I Order ofthe Chief Administrative Judge,AO/157/20, effectiveJuly27, 2020,shallschedule aPre-Foreclosure Auction Status Conference, after which the Court willprovide the date and time ofthe Foreclosure Auction. A: CASE INFORMATION INDEX NUMBER: 10-015816 PLAINTIFF: ArielBronxvilleLLC SaeidTehrani,ShalaTehrania/k/aShahleTehrani,HSBCMortgage Corporation (USA),BPDBank,Manheim Automotive FinancialServices DEFENDANT: B. JUDGEMENT OF FORECLOSURE AND SALE • On what date was the Judgrñéñt of Foreclosure and Sale executed? January 22, 2020 • On what date was the Judgrñêñt of Foreclosure and Sale entered? January 23, 2020 C: SUBJECT PROPERTY INFORMATION Address: 785 Bryant Avenue, Roslyn, NY Property 13 OCTOBER 2020 1 of 5 FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM INDEX NO. 015816/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021 Section20 Lot282 Block F D: COURT APPOINTED REFEREE INFORMATION Joseph J. Ra,Esq· Tê|êphsñê: (516) 398-2162 JosephJRa@yahoo.com Name: EMAll: Address: 877 N. Corona Avenue, ValleyStream, NY 11580 Signature: Date: E: PLAINTIFF ATTORNEY'S AND DEFENDANT/HOMEOWNER AND OR DEFENDANT ATTORNEY CONTACT INFORMATION Plaintiff's Attornev Information Defendentjhomeowner/Defcedcat AttGrñêy Information NAME: Nichclas A. Savino, Esq. Pankaj Malik,Esq. Ellman &Krause Zeichner, 1211 LLP, oftheAmericas Avenue New NY10036 York. WarshawBurstein,LLP,575LexingonAvenue,NewYork,NY10022 ADDRESS: TELEPHONE: (212) 826-5329 (917) 817-7660 EMAIL: _nsavino@zeklaw.com pmâ|ikGvvoñy.com Nicholas A. Savino , Esq.an attorney at law licensed to practice in the State of New York, and the attorney for the Plaintiffin this action, hereby certifics that,to the best of his/her knowledge, information and belief, farmed after an inquiry reasonable under the circumstances, that I am not aware of any COVID-19 reliefsought by and granted to the Defend::nt by the Plaintiffas of the date of the submissian of this Request to Filea Notice of Sale, which would preclude the Plaintiff from proceeding with the foraciasure sale of the subject property at Public Foreclosure Auc+ion. DATE: February 1, 2021 Nicholas A. Savino,Esq. PRINT NAME SIGNATURE OF PLAINTIFF'S ATTORNEY 13 OCTOBER 2020 2 of 5 FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM INDEX NO. 015816/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021 N.Y.S. SUPREME COURT, COUNTY OF NASSAU * * POST FORECLOSURE SETTLEMENT CONFERENCE MEDIATION PART COVID-19 PRE-FORECLOSURE AUCTION STATUS CONFERENCE FORM prior Pursuant to AO/157/20, to any further prc-cécdkgsin a foreclosure matter, the court must initiate a status or settlement ec-nfcrmëto address a range of subjects related to the case and COVID -19 concerns. CASE INFORMATION: INDEX NUMBER: 10-015816 CASE TYPE: RESIDENTIAL FORECLOSURE;ÜTAX FORECLOSURE PLAINTIFF. ArielBronxvile,LLC DEFENDANT. Saeid Tehrani, et.al. APPEARANCES: PLAINTIFF'S ATTORNEY DEFENDANT / DEFENDANT'S ATTORNEY NicholasA. Savino,Esq. Pankaj Malik Esq NAME: Z°'°'"°"""''"'""©" ² dieArnehs, NewYok NY,10036 WashawBurstein, LLP,575Lexingon Avenue,NewYork,NY10022 ADDRESS: TELEPHONE: 212-826-5329 (917)817-7660 EMAIL. nsavino@zeklaw.com pmâ!!k wbny.com SIGNATURE: AO/232/20 (2), effective October 22.2020: Vacant and Abandoned Property Plaintiff'scounsel has submitted to the Court an Affirmation averring that the subject property isvacant and abandoned; Plaintiff'scounsel has submitted to the Court an Affidavit of Investigation declaring that the subject property is vacant and abandoned; an . , Esq. attorney at law licensed topractice inthe State of New York, and the attorney forthe Plaintiffinthisaction, hereby certifiesthat, tothe best of his/herknow|édge, information and belief,formed afterdiligent inquiry reasonable under the circumstances, that as ofthe date of the submission ofthis COVID-19 Pre-Foreclosure Auction Status Conference Form the subject property is dssmsd to be vacant and ±±rsd DATE: __ PRINT NAME SIGNATURE OF PLAINTIFF'S ATTORNEY INTERNAL USE ONLY Accordingly, waiver of COVID-19 Pre-Foreclosure Auction Status Conference is:o GRANTED; o DENIED; o N/A Rev. 27 October 2020 3 of 5 FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM INDEX NO. 015816/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021 INQUIRY REGARDING COVID-19: 1. Has the homeowner/borrower sought and was he/she granted COVID-19 reliefby the Plaintiff?Ü Yes No Ifyes, please state the reliefgranted: 2. Covid-19 Federat atorium Hold:¤Yes No; GSEs: FHA; HUD;¤FHL.MC; FNMA;ÜGNMA;ÜVA; Private Investor; N/A; Other: 3. Does the Plaintiff(servicer/tender) intend on proceeding with the sale of the subject property at Forectosure Auction? ÜYes UNo Ifno, does the Plaintiff(servicer/tender) intend on withdrawing the: ÜJudginent of Foreclosure and Sate;ÜNotice of Sale; orÜadjourning the foreclosure sale?; N/A 4OTICE: The Court directs the attorney for Plaintiff(servicer/tender) to serve notice of thisCOVID-19 Pre-Foreclosure Auction Status Conference to the Defendant(s) and Defendant's attorney, ifDefendant(s) is/are represented by an attorney, and filean affidavit of service. Plaintiff'scounsel has not received a response from the Defendant/hcrñeevvut-r/Defense counsel. Accordingly, Plaintiff'scounset shall upload the Request to Filea Notice of Sale, the COVID-19 Pre-Foreclosure Auction Status COñference Form, and Affidavit of Service to the NYSCEF System and await a date and time from the Court for an in person COVID-19 Pre-Foreclosure Auction Status Conference. TheÜDefendant and/orÜDefendant's attorney request an in-person Pre-Foreclosure Auction Status Conference. PLAINTIFF'S COUNSEL: NicholasA. Savino Esq. an at law licensed to practice in the State of New , attorney York, and the attorney for the Plaintiff in this action, hereby certifies that, to the best of his/her knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that I am not aware of any COVID-19 relief sought by and granted to the Defendant by the Plaintiff as of the date of the submission of this COVID-19 Pre-Foreclosure Auction Status Conference Form, which would preclude the Plaintiff from proceeding with the foreclosure sale of the subject property at Public Foreclosure Auction. DATE: January 20,2021 NicholasA. Savino, Esq. PRINT NAME SIGNATURE OF PLAINTIFF'S ATTORNEY Rev. 27 October 2020 4 of 5 FILED: NASSAU COUNTY CLERK 02/03/2021 11:43 AM INDEX NO. 015816/2010 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2021 STATE OF NEW YORK, AFFIDAVIT OF SERVICE COUNTY OF NEW YORK. BY FIRST CLASS MAIL ANTHONY ROSARIO, being duly sworn, says: that I am over the age of eighteen 20* years, am not a party herein, and reside in Bronx County, New York and that on the day of January, 2021, I served a true copy of the within COVID-19 PRE-FORECLOSURE AUCTION STATUS CONFERENCE FORM upon the attorney/party hereinafter named at the places forth below their names the cñclosed in post- herciñafter stated and set by depositing same, properly paid, addressed wrappers, in an official depository under the exclusive care and custody of properly the United States Post Office Department within the City and State of New York, directed to said attorney/party at their lastknown addresses given below. Pankaj Malik, Esq. Warshaw Burstein, LLP Attorneys for Defendant Saeid Tehrani 575 Lexington Avenue New York, New York 10022 Saeid Tehrani 785 Bryant Avenue Roslyn, NY 11576 ANTHONY ROSARIO Sworn to before me on this 20* day of January, 2021 NOTARY PUBLIC MICHAEL W. ANTONIVICH NotaryPublic,Stateof New Ypgka No. 01AN4762190 Qualifiedirt Nassau Codfitw.,.:. Commissiori ExpiresJune 302. 5 of 5 Defendant Saeid Tehrani's Hardship Declaration Index Number (if known/applicable): County and Court (if known/applicable): 15816/2010 Nassau Supreme Court NOTICE TO MORTGAGOR: If you have lost income or had increased costs during the COVID-19 pandemic, and you sign and deliver this hardship declaration form to your mortgage lender or other foreclosing party, you cannot be foreclosed on until at least May 1, 2021. If your mortgage lender or other foreclosing party provided you with this form, the mortgage lender or other foreclosing party must also provide you with a mailing address and e-mail address to which you can return this form. If you are already in foreclosure proceedings, you may return this form to the court. You should keep a copy or picture of the signed form for your records. You will still owe any unpaid mortgage payments and lawful fees to your lender. You should also keep careful track of what you have paid and any amount you still owe. MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP I am the mortgagor of the property at (address of dwelling unit): 785 Bryant Avenue, Roslyn, NY, 11576 Including my primary residence, I own, whether directly or indirectly, ten or fewer residential dwelling units. I am experiencing financial hardship, and I am unable to pay my mortgage in full because of one or more of the following: 1. Significant loss of household income during the COVID-19 pandemic. 2. Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic. 3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick member during the COVID-19 pandemic have negatively affected family or the of someone in household to obtain meaningful my ability ability my employment or earn income or increased my necessary out-of-pocket expenses. 4. expenses and difficulty I have securing alternative housing make it a Moving hardship for me to relocate to another residence during the COVID-19 pandemic. 5. Other circumstances related to the COVID-19 pandemic have negatively affected my ability to obtain meaningful employment or earn income or have significantly reduced my household income or significantly increased my expenses. 6. One or more of my tenants has defaulted on a significant amount of their rent payments since March 1, 2020. To the extent I have lost household income or had increased expenses, any public assistance, including unemployment insurance, pandemic unemployment assistance, disability insurance, or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of household income or increased expenses. I understand that I must comply with all other lawful terms under my mortgage agreement. I further understand that lawful fees, penalties or interest for not having paid my mortgage in full as required by my mortgage agreement may stillbe charged or collected and may result in a monetary judgment against me. I also understand that my mortgage lender or other foreclosing party may pursue a foreclosure action against me on or after May 1, 2021, if I do of fully r missed or partial payments and lawful fees. Signed. Saeid Tehrani Printed name: Date signed: O 2 2- 2O2- NOTICE: You are signing and submitting this form under penalty of law. That means itis against the law to make a statement on this form that you know is false. Memorandum Issued by the Hon. Lawrence K. Marks dated December 31, 2020 NEW YORK STATE Unified Court System OFFICE OF COURT ADMINISTRATION LAWRENCE K. MARKS CHIEF ADMINISTRATIVE JUDGE MEMORANDUM December 31, 2020 To: Hon. George J. Silver Hon. Vito C. Caruso From: Lawrence K. Marks LM Subject: Residential Foreclosure Proceedings Under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of2020 (L. 2020, c. 381) As you may know, earlier this week Governor Cuomo signed into law chapter 381 of the Laws of 2020 (the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 ["Act" (effective December 28, 2020); Exh. A]), which, inter alia, provides substantial COVID related protections through May 1, 2021 for defendants in residential foreclosure matters. In brief: the Act immediately stays pending residential foreclosure actions for sixty days, and provides that, where a mortgagor/owner submits to the foreclosing party or the court a declaration attesting to hardship arising from or during the COVID-19 pandemic, proceedings will be further stayed (or commencement tolled) until May 1, 2021. Additional highlights of the Act are as follows: 1. Stay of Pending Foreclosure Matters: The Act immediately stays pending residential foreclosure matters for sixty days (i.e., through February 27, 2021), including actions in which a judgment of sale has been issued but not yet executed (see paragraph 6 below). Residential foreclosure matters commenced between December 28, 2020 and January 27, 2021 shall also be stayed for sixty days from commencement (Act, Part B, Subpart A, §§1, 3). An administrative order effectuating this stay (AO/341/20) is attached as Exh. B. 2. Covered matters: The Act applies to any action to foreclose a mortgage relating to real property if the owner or mortgagor of the property is a natural person (regardless of how title is held) and owns ten or fewer dwelling units. Those units may be in more than one building, must include the primary residence of the owner/mortgagor seeking COVID relief, and must otherwise be occupied by a tenant or available for rent. Shares assigned to a unit of a residential condominium are included (Act, Part B, Subpart A, §I). The Act applies to tax lien foreclosure matters, with special provisions discussed in section 8 below. Not covered: The Act does not cover vacant and abandoned property that was first listed on the statewide vacant and abandoned property electronic registry before March 7, 2020 1 25 BEAVER STREET, NEW YORK, NEW YORK 10004 • PHONE: 212-428-2120 • FAX: 212-428-2190 DQGUHPDLQVRQWKDWUHJLVWU\ $FW3DUW%6XESDUW$† E 1RUGRHVWKH$FWDSSO\WRRU DIIHFWPRUWJDJHORDQV³PDGHLQVXUHGSXUFKDVHGRUVHFXULWL]HGE\DFRUSRUDWH JRYHUQPHQWDODJHQF\RIWKHVWDWHFRQVWLWXWHGDVDSROLWLFDOVXEGLYLVLRQDQGSXEOLFEHQHILW FRUSRUDWLRQ´ $FW3DUW%6XESDUW$† 1RWLFHWR2ZQHURU0RUWJDJRUDQG+DUGVKLS'HFODUDWLRQ±3XEOLFDWLRQDQG 7UDQVODWLRQ 7KH$FWFRQWDLQVD1RWLFHWR0RUWJDJRUDQGDPRUWJDJRU+DUGVKLS'HFODUDWLRQ FROOHFWLYHO\³+DUGVKLS'HFODUDWLRQ´ ([K& WREHSURYLGHGLQEODQNIRUPDWWRGHIHQGDQWVLQ IRUHFORVXUHSURFHHGLQJVVHWWLQJIRUWKYDULRXVJURXQGVE\ZKLFKDQRZQHUPRUWJDJRUPLJKWEH DGYHUVHO\DIIHFWHGE\WKH&29,' SDQGHPLF $FW3DUW%6XESDUW$† $VWKH$FW UHTXLUHVWKH+DUGVKLS'HFODUDWLRQZLOOEHSRVWHGRQWKH&RXUW6\VWHP¶VZHEVLWHLQ(QJOLVK 6SDQLVKDQGWKHVL[RWKHUPRVWFRPPRQ QRQ(QJOLVK ODQJXDJHVLQ1HZ