UNITED STATES BANKRUPTCY COURT Hearing Date: October 20, 2010

SOUTHERN DISTRICT OF NEW YORK Hearing Time: 2:00 pm

NOTICE OF MOTION FOR

TERMINATION OF AUTOMATIC
STAY
InRe:
Case No.: 10-14030-mg
TANDALAMIMSAKA TANDALA WILLIAMS (Chapter 7)

Debtor. Assigned to:

Hon. MARTIN GLENN
Bankruptcy 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 relief as the

Court may deem proper.

DATED: September 20, 2010

Buffalo, New York
Yours,etc. .

By: Ugh (};t>--

Ehret A. Van Hom, Esq.
k
STEVEN J. BAUM, P.C.
Attorneys for Secured Creditor
Wells Fargo Bank, NA
Office and Post Address:
220 Northpointe Parkway, Suite G
Amherst, NY 14228
Telephone 716-204-2400
TO:
TANDALA MIMS Debtor
1167 Grenada Place
Bronx, NY 10466

UNITED STATES TRUSTEE U.S. Trustee

Office of the U.S. Trustee
33 Whitehall Street
Floor 21
New York, NY 10004

DAVID BRODMAN, ESQ. Attorney for Debtor

Law Office of David Brodman
633 Lydig Avenue
Bronx, NY 10462

SALVATORE LAMONICA, ESQ. Chapter 7 Trustee

LaMonica Herbst & Maniscalco, LLP
3305 Jerusalem Avenue
Wantagh, NY 11793
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK

APPLICATION

InRe: Case No.: 1O-14030-mg

(Chapter 7)
TANDALA MIMS AKA TANDALA WILLIAMS
Assigned to:
Debtor. Hon. MARTIN GLENN
Bankruptcy Judge

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 exists 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 exists 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 proposed Order h'fanting the relief sought by Secured Creditor is annexed hereto as

Exhibit '0' .

II. 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 Creditor's interest in the Mortgaged Premises together with such other,

further and different relief as the Court may deem just in this matter.

DATED: September 20, 2010

Buffalo, New York
Yours, etc.

By: C4Lf2 ~!k

Ehret A. Van Horn, Esq.
STEVEN J. BAUM, P.C.
Attorneys for Secured Creditor
Wells Fargo Bank, NA
Office and Post Address:
220 Northpointe Parkway, Suite G
Amherst, NY 14228
Telephone 716-204-2400
 -

11111111111111
,NOn

LO~if _ _"
NOTE FHA Cu. No. • -,

I
I

May 10. 2004

[Dale]

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 ...Igns.
2. BORROWER'S PROMISE TO PAY; INTEIIEST
In return for .toan received from. Lender, Borrower promises to pay the principal sum of
Three 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 Six
pen:ent ( 6. 0000 ~. ") per 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 dille
IS this Note and called the "Security IDstmment." The Security InllnJmellt proteCI8 the Lender from 10.... which might ....11 if
Borrower defaults IDld... thll Note.
4. MANNER OF PAYMENT
(A) 11me
Bomnver lIIail make • payment of principal and iDterest to Lender on the first day of each month beginning on
Ju J.y 1 ,2004. Any principal and int..... tomaining on the lilllt day of June 1
2034 ./,wiD be due on tbst dote, which II called the "Maturity Date."
(B) Plaee
Payment shall be made at 201 OLD COUNTRY ROAD. MELVILLE. NY 11747 oi
or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Bach monthly payment of principal and interest will be in thelllllOU1tl of U.S. $ 2. 242.54;' . This amount
will be pan of • larger monthly ~ ""IuiMd by the Seourity 1n'lnJment, tbst shall be applied to principal. interest and
other items in the order described in the Security Inlllnllnent.
(D) ADo..,
to this Note for _ _I 8e11-"
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 of
Ihia Note. [Check applicable box]

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

5. BORROWER'S RIGHT TO PREPAY
Bonowcr bas the right to pay the debt cvideDccd by thil Note. in whole or in part. without cIwze or penalty. on dtb fim
day of IDlY mcmth. Lender shall accept prepsymcnt on other days provided. that Borrower pays interelrt on the amount prepaid for
the remaindu of the month to ebe exteDI: required by Lender and pemUlted by regulatioos of the Secretary. IT Borrower makes a
partial prepayment. there wiD be no changes in the due date or In the amount of the monchly paymeot. unless Lender agrees in
writing to those c:I!ang...
FHA. Ml1IdaIe Fbed.lWe NDie - 10m
, . . . -1R 102:101
..... VMPMORTGAGE"f'OfWIS-1t00I1521-7291 I. _ I~
p... 1 ell 2 MW lew! 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 Inatntmcat, 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) norault
If Borrower defauI.. by falling 10 pay in ruB any mootItly payment, then Lender may, except II limited by regulations
of the Seerewy In !be COR of paymeot defaults, n:quire _ _ _ in full of the prindpal balance mnainiu& due and
all tlCCTUed inteIeat. Leode< may _ DOl to ....ate thill option wltbout walYing lis rigbts In !be evatt of my .ubseq....
defatt. In many circumstances regulatiOD' issued by the Seerewy will Hmlt LauIer'I rightJ to require immedi81e payment in

_In
full in the caoe of paymeII1 defauha. 'Ilti> Note _ _ _ _ ion ",ben DOl permitted by HUD regu!aliON. AI UICd
in litis Note, "Sccn:wy" mems the Sccn:wy of HOU8In& aud UrbIm Devdopmat! or bl. or her deaignee.
(C) ~ orCGoU and ~
If x-Iet hu n:quired immediate /'un ... clelK:nOed above, Leader may require Borrower to pay costs ond
..pens.. iDcluding ....."..ble and CUIlOttW'y anoruey.' feel for _n:ing this Note 10 the exteu! DO' probiblled by applicable
law. Such fees 8Dd COIla shall bear iDterat from the dale of disbunemeot at the woe rate u the principal of thll Note.

7,W.4.IVERS
Borrow<t ond any otber perIllO wbo hu 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 the
rip.t 10 require Lea.der to give notice to other pcnollS that amounts due bye not been paid.

8. GIVING OF NODCES
UDI_ applicable law requireI a difl'eleul method, any nuti.. that 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 add_ if
Borrower has glveo. Leoder a uorice of Borrower', different addreBII.
My OOlite !hot _ be sly... to Lcoder under tItiI Note .,.,1 be Jiven by lira. c:Iua mail '0 Lender al!be add......_ in
Paragraph 4(8) or at • difl'ereot addrnI if Borrower il Jiven a DOtice of 1h1l differeot addrea.

'0 OBLIG.4.TlONS 01' PERSONS UNDER THIS NOl'E

If more than one perIllO .1"", 1Iti. Note, each perauD i. I'uIly and peroonally obli._ to k<ep all of tho pmmI_ . . - in
thI. Note. lDcllldiDg the promilO to pay the fulllDDOUlll owed. Any penon who iI a paraIltor, surety or e:Ddorser of this Note II
a100 obllpteclto do tbeIC _p. IuIy penou wbo _ over tbeIC oblipllonl. iItcIudiDc !be obHgadonI of. 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 tItiI
Note asaiD" each perann indiYidually or op\nII allsipa_ togctbcr. My 0'" pmon signing thl. Note may be IOqUin:d to
pay all of the amount. owed under Chi, Nose.

dlGNING BELOW. Burrower ~ ..d _ t o thelClTlll and : ..._& oont~ lu this Note.

~ 192 ~~J~~~:.~.'fr::t:C....
TrtO. M:~: &Y
(Seal) t " ' -_ _ _ _ _ (SeaI)

.s- LYDIA MI ~-
~E ~ ~~ ---------------------------.~~
__________________________ (SeaI) ____________________________ (SeaI)
~Borrower ·80..-

PADI TOTllROJtIIDlOJ"
rA --------------------------------..........,
(Seal)

C\-1R I02 1Cf

VIC" PRE8IDDIT
 NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page is part of the instrument. The City
Register willrely on the infonmation provided
by you on this page for purposes ofindexing
this instrument. The information on this page
willcontrol for indexing purposes in the event
of any eonruetwith the rest of the document.
2004051300282002001E30C7
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 11
Document ID: 2004051300282002 Document Date: 05-10-2004 Preparation Date: 05-13-2004
Document Type: MORTGAGE
Document Pa e Count: 9
PRESENTER: RETURN TO:
STRUcrURE CLOSING SERVICES LTD LEND AMERICA
1970FLATBUSH AVE 201 OLD COUNTRY ROAD
BROOKLYN, NY 11234 SUITE 101
718-258-5759 MELVILLE, NY 11747
SCS-1075-BXRI

PROPERTY DATA
Borough Block Lot Unit . Address
BRONX 4934 64 Entire Lot 1167 GRENADA PLACE
Property Type: DWELLING ONLY - 2PAMILY

CROSS REFERENCE DATA

CRPN _ _ or Document ID _ _ _ _ or Year Reel Page __ or File Number _ _ __

PARTIES
MORTGAGERIBORROWER: MORTGAGEEILENDER:
TANDALA MIMS MERS
637 EAST 234TH STREET P.O. BOX 2026
BRONX, NY 10466 FlJNT, MI 48501

x AdditionalParties Listed on Continu.tionPage

FEES AND TAXES
Recording Fee: $ 82.00
$ 374,037.00 Affidavit Fee: $ 0.00
~==.=======-t-"'-___-=--===_-INYC Real Property Transfer Tax FilingPee:
$ 374,037.00
$ 0.00
NYS Real Estate Transfer Tax:
$ 1,870.00 $ 0.00
$ 3,740.00 RECORDED OR FILED IN THE OFFICE
$ 0.00 OF THE CITY REGISTER OF THE
$ 935.00 CITY OF NEW YORK
$ 910.00 RecordedlFiled 06-02·2004 10:40
0.00 City RegisterFileNo.(CRFN):

~ci.JJ,..t.. f&In.::;ro337126
$ 7,455.00

City Register Officb Signature

NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
-----------REcoiiliiiIiG
DOC:Ulnent In: 2004051300282002
Document Type: MORTGAGE
PARTIES - - - --- - - - - -
MORTGAGERIBORROWER:
LYDIA MIMS
637 EAST 234TH STREET
BRONX, NY 10466
200405130028200200lC3247
AND ENDORSEMENT COVER PAGE (CONTINUATION) PAGE 2 OF 11
Document Date: 05-1()"2004 Preparation Date: 05-13-2004
- - -- - - - --
MORTGAGERIBORROWER:
JOHNNIE BELLE
637 EAST 234TH STREET
BRONX, NY 10466
 WHEN' RECORDED RETURN TO:
LEND AMER ICA
201 OLD COUNTRY RD. STE. 101
MELVILLE. NY 11747

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

State of New York
MORTGAGE
AP#
~ LN#
~ MIN

.;j/':{
jY \ '\
&(;. :HIS MORTGAGE ('Security Instrument') is given on
The Mongagor is TANDALA MIMS. LYDIA MIMS and JOHNNIE BELLE
May 10. 2004

whose address is 637 E 234 STREET. BRONX. NY 10466

("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 is
organized 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. FOR PURPOSES OF RECORDING TIllS MORTGAGE, MERS
IS THE MORTGAGEE OF RECORD.
LEND AMERICA
,
("Lender") is organi7;ed and exisllng under the laws of NEW YORK , and
has an address of 201 OLD COUNTRY RD. STE. 101. MELVILLE. NY 11747
. Borrower owes Lender the principal sum of
Three Hundred Seventy Four Thousand Thirty Seven and no/IOO
Dollars (U.S. $ 374.037. 00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ('Noto"), which
provides 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 the
Note, 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(NYJ 101021
.
P&Qe , of 8 MW 0ZJ01
Ameuded Z/OI
~
Itdtl*: •
VMPMORTGAGEFORMS-(800)521·72 1 11111I1
.r/AA--
3(]
~,.~\s'\£ i ffiVOc \)~ bo~ ~,\\J:)tl ~i ~ c\\lJ~~
with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance
of Borrower's covenants and agreemerus under this Security Instrument and the Note. For this purpose, Borrower
does bereby mortgage, grant and convey to MERS (solely as nominee for Lender aod Lender's successors and
assigns) 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 PLACE [Strce'l

BRONX ICityl, New York 10456 [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 he
covered 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 this
Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's
Su<:cessOfll and assigns), has the right: to exercise any or all of those interests, including, but not limited (0, the right
to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or
caoceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed aod has the right to
mortgage, 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 any
encumbrances of record.
THIS SECURITY INSTRUMENT combines unlform covenants for national use and non-uniform coveDanlS
with 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 pay when due 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 and 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 and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
Propeny, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly paymeot
shail 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 Procedures
Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be
amended from time to time ("RESPA "J, except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance premium.

.
G-4NINY) 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 ofland, situate, lying and being in tbe Borough and County of
Bronx, City and State ofNe" York, bounded and described as follows:

BEGINNING at a point on the corner formed by the intersection of the Easterly side of Grace
Avenue and "the Northerly side of Grenada Place;

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

THENCE Easterly at right angles to Grace Avenue, 25.50 reet;

THENCE Soutberly 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 Df
BEGINNlNG.

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

FOR CONVEYANCING ONLY

Together with all the right, title and interest of, in and to any streets and roads abutting tbe above
described premises.
Ou, policies- or title josnr/trlce il'ltlude such buildings and illlpronments there on which by 'all' eonstitule real property, unltss
sptcHit2lfly u:ptc(td thuon, Now is tilt lime 10 ddermillt 'l\tttlher we have uamilltd aU or'he property ttlseJDtnu you dtSire to ft
insured: of thert are Ilppurrtnant tllSemclIts 10 be: insured, please request such insurance. In some CliStS, our ratt m2nUlii provides ror
Rn additiolltll charge Cor such insuranCe.
FORM 26-C88·74-A(4-9J) NVSLTA CERTIFICATE OF TITLE· SCHEDULE A

J(V\ .
 If the amounts held by Lender for Escrow Items exceed the amounts pennilted to be held by RESPA, Lender
shall 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 to
make up the shortage as penniued by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall he credited with the balance
remaining for all installment items (a), (b), and (c) and any mortgage insurance prentiurn installment that Lender has
not 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; and
Fifth, to late charges due under the Note.
4. Fire, Flood and 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 which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses 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 not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All Or any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, ftrst to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal 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 outstanding
indebtedness 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 extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
S. Occupancy, Preservation, Maintenance and Protection or the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days 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 of
occupancy, unless Lender detennines that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower sball notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or subslSntiaily change the Property or allow the
Property to deteriorate, reasonable wear and lear excepted. Lender may inspect the Property if the Property is vacant
or 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, gave
materially false or inaccurate infonnation or statements to Lender (or failed to provide Lender with any material
informalion) in connection with the loan evidenced by the Note, including, but nol limited to, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold 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 with
any condemnation or other IJIking of any part of the Property, or for conveyance in place of condemnation, are
hereby assigned and shall be paid to Lender 10 the extent of the full amount of the indehtedness that remains unpaid
under the NOle and this Security Instrument. Lender shall apply such proceeds to the reduction of the indehtedness
under the Note and this Security instrument, first to any delinquent atnounts applied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges 10 Borrower and Prolection of Lender's Rights in Ihe Property. Borrower shall pay all
governmental or municipal charges, fmes and impositions that are not included in paragraph 2. Borrower shalt pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as a proeeeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the vaIue of the Property and Lender's
rights 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 be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note
rate, 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 tbe
Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien wbich may attain priority over t1tis Security Instrument, Lender may give
Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth
above within 10 days of the giving of notice.
8. F.... Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debl.
(a) Default. Lender may, except as limiled by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if:
(I) Borrower defaults by failing to pay in MI any monthly payment required by this Security Instrument
prior 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 contained
in this Security Instrument.
(h) Sale Witboul Credit Approval. Lender sban, if permitted by applicable law (including Section 341(d)
of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 170Ij·3(d» and with the prior
approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument
if:

.
cD-4N(NY) (0 102) PII1IG40f 8
 (i) All or part of the Propeny, or a beneficial interest in a trust owning all or part of the Property, is sold
or 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 the
pur<:haser or grantee does so occupy the Property but his or ber credit has not been approved in
accordance with the requirements of the Secretary.
(e) No Waiver. If circumstance. occur that would pennit Lender to require immediate payment in full, but
Lender 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 limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instnunent does not authorize acceleration or foreclosure if not pennittc:d by regulations
of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security ~trument and the Note are not detennined
to be eligible for insurance under the National Housing Act within 60 days from the date bereof, Lender
may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A
written 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 the
unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the
Secretary.
10. Reinstatement. Borrower bas a right to be reinstated if Lender bas required ·immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instiruted. To reinstate the Security Instrument, Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security InstrUment, foreclosure costs and reasonable and customary attorneys' rees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security lnatrument and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
However, Lender is not required to pennit reinstatement if: (i) Lender bas accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure 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 or
mndification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in
interest. Lender sball not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amonization of the sums secured bY,this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest: Any forbearance by under in exercising
any right or remedy shall not be a waiver of or preclude the ex"",ise of any right or remedy.
12. Successors and AssIgns Bound; Joint and Several Liability; Co-81goers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, 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 any
other Borrower may agree to extend, modify, forbear or make any accommodations with regm! to the terms of this
Security Instnunent or the Note without that Borrower's consent.

G-4NtNYJ ,01021 Pago 6 018

iO
 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by 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 be
given 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 when
given 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 Instrument
or the Note conflicts with applicable law. such conflict shall not affect other provisions of this Security Instrument or
the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
Instrument 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 Security
Instrument.
16. Hazardous SubstanCES. Borrower shall not cause or permit the presence. use. disposal. ,torage. or release
of any Hazardous Substances on or in the Proporty. Borrower ,hall not do, nor allow anyone else 10 do. anything
affecting 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 generally
recognized 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 action
by any govenunental or regulatory agency or private party involving the Property and My Hazardous Substance or
Envlrorunental Law of which Borrower has actual knowledge. If Borrower learns. or is notified by any governmental
or regulatory authority. that any removal or other remediation of any Hazardous Substances affecting the Property is
necessary. 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 hazardous
substances by Environmental Law and the following substances: gasoline. kerosene. other flammable or toxic
petroleum 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 the
jurisdiction 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 directs
each tenant of the Property to pay the rents to Lender or Lender's ageots. However. prior to Lender's notice to
Borrower 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 be
entitled to collect and receive all of the rents of the Property; and (c) each teoant of the Property shall pay all rents
due 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 would
prevent 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 notice
of 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. This
assignment of reDts of the Property shall terminate when the debt secured by the Security Instrument is paid in full.

Q-!NINV) 101021 P-oe 6 of 8

'"
 18. Foreclosure Procedure. If Lender requires Immediate payment In full under paragrapb 9, Lender may
bring a lawsuit to take away all of Ibe Borrower's remolDIng ri£hls in lb. Property and bave tbe Property sold.
At tbis sale, Lender or another person may acquire \be Property. This Is known as "foreclosure and sale.' In
any lawsuit for foreclosure and sale; Lender will bave the right to collect all costs and disbursements and
additional allowances allowed by law and WIll bave Ibe ri£ht to add all reasons"le attorney.' fees to tbe amount
owed Lender, wblch fees sball become part of Ibe Swns Secured.
Lender may require immediate payment in full under paragrapb 9.
If tbe Lender's interest in tbls Security Instrument is held by tbe Secretary and the Secretary requires
immediate payment in. full under ,Paragrapb 9, the Secretary may invoke the noojudidal power of sale
provided In tbe Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 37St ef seq.) by requesting
a foreclosure commissioner designated under tbe Act to commence foreclosure and to seU tbe Property as
provided in tbe Act. Nothing in Ibe preceding sentence sball deprive tbe Secretary of any rlgbts otberwise
available 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 due
under the Note and under thi. Security Instnunent, Lender will discharge this Security InstrumeDt by delivering a
certificate stating that this Security Instrument has been satisfied. Borrower will not be required to pay Lender for lite
discharge, 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 the
trust fund provisions of Section 13 of !he New York Lien Law. This means lItat if, on lite date this Security
Instrument is recorded, construction or other work on any building or other improvement located on the Propeny has
not been completed for at least four months, Borrower will: (A) hold all amounts which Borrower received and which
Borrower has a right to receive from Lender under the Note as a 'trust fund"; and (B) use those amounts to pay for
that construction or work. before Borrower uses them for any other purpose. The fact that Borrower is holding those
amoums as a "trust fund" means that for any building or other improvement located on !he Property Borrower has a
special 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 togellter
with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreemenr.. of this Security Instrument as if the rider(s) were a pan of this Security
Instrument. (Check applicable box(es)].
o
oo Condominium Rider
Planned Unit Development Rider o
Growing Equity Rider
Graduated Payment Rider
oOther (specifY]

.
~N{NY) 101021 Page 7 tit &
 BY SIGNING BELOW, Borrower accepts aod agrees to the tenns contained in this Security Instrument aod in
any rider(s) exec t by Borr9We aod recorded with it.
Witnesses: I I

d M~
""""'';L-;-;\:;:-.;-;=--------(Sea
)
TANDAL'A MIMS -Borrower

LYDIA ~
""""':=-~il'!!"'IL--:::r.CL..L.o"""'L.l-----(Scal)
':fY'AdM4
-Borrower

aff£
~
(Seal) ~~~~:...;:;--~""""""""---(SeaI)
-Borrower -Borrower

(Seal) _ _ _ _ _ _ _ _ _ _ _ _ _ (Seal)
-Borrower -Borrower

(Seal) _ _ _ _ _ _ _ _ _ _ _ _ (SeaI)
-Borrowcr -Borrower

STATE OF NEW YORK )

)ss.
County of QUEENS )

On the 10th day of May in the year 2004 before me, the undersigned, a
notary public in aod for said state, personally appeared TANDALA MIMS. LYDIA MIMS and JOHNNIE
BELLE

personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)
is/are subscribed to the within instrument and ac1mowledged to me that they executed the same in the; r
capacity(ies), and that by the i 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'lLluL~/~
My Commission Expires: I _______________
-'U=..o...l't-
No;a;;;MJ"t~1
Tax Map Information: No..,), ~~~.'t.
ll.uaJiftOd on
c.o,.,~--, "'Pre. SO : ·,,7

~"'NCNY) (01021 Pail'S of B

 ASSIGNMENT OF MORTGAGE
Original Lender: Mortgage Electronic Registration Systems, Inc. as nominee for lend America
!
Know that, !

Mortgage Electronic Registration Systems, Inc. as nominee for Lend Amer~a. 3300 SW 34th Avenue Suite 101,
Ocala, FL 34474, assignor,
,I
in consideration of the sum of One and Noll DOth Dollars and other good valuable CO~Sideration dollars, paid by
Wells Fargo Bank, N.A., 3476 Stateview Blvd., Ft. Mill, SC 29715, assignee I
I
hereby assigns unto the assignee. a certain mortgage made by TANDALA MIMS, ~YDIA MIMS, JOHNNIE BELLE, given
to secure payment of the sum of'Fhree hundred "a nd seventy four thou~and an~ thirty seven dollars ($374,037.00) and
interest, dared the 10th day o( May, 2004, recorded on the 2nd day of June, 2004. in the office of the City Register of the
city of New York, at Instrument No. 2004000337126. i
!
covering premises 1167 GRENADA PLACE, BRONX, NY 10466, BRONX COuNTY,
!
SBL #Block
.
4934 Lot 64,

together with the Assignor's beneficial interest under the Mortgage, and the monds due and to grow due thereon with the
interest, !
This said mortgage has not been otherwise assigned of record. I
TO HAVE AND TO HOLD the said Mortgage, and also lbe said property unto the s~id Assignee forever, subject to the terms
contained in said Mortgage. I
THIS Assignment is not subject to the reqUireme~t of Section 275 of the Real! Property Law because it is within tbe
secondary mortgage market. . 1

IN WITNESS WHEREOF, the Assignor has caused these presents to be signed bJ its duly authorized officer this 13th day
of September, 2010. I

IN PJlESENCE OF I
!
I
Mortgage EI~ctronic Registration Systems, Inc. as
nominee for! d America

State of South Carolina ;

County of York ss: i
On this 13th day of September, 2010, before me, the undersigned, a notal)' public in aM for said state. personally appeared John
Kennerty, personally known to me orpraved to me on the basis of satisfactory evidende to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she/they exehrted the same in hislher/their
capacity(ies), and ct,at by his/her/their signature(s) on the ins~ent, the individual(s) pr the person upon behalf of which the
mdIYldual(s) acted, executed the Instrument and that such md1Vldual made such appe~ance before the underSIgned In the Fort
Mill, South Carolina. (Insert city or political subdivision and state or other place achtowledgment tuken~- if acknowledgment
is taken outside o/New York State) !

~~~bjb4;;::::t§-~·.
otruy Public
I
~~~~~~~~~

•
~ OFFICIAL SEAL I
,.. Notary Public
, .• ' State of South Carolina I
! !St.- WENDY ALBI'RTSON AL·HAMM~DI

1-
• Commission!" IresMM:h 10, 2018

~ -~~-
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK

InRe: Case No.: 10-l4030-mg

(Chapter 7)
TANDALA MIMS AKA TANDALA WILLIAMS
Assigned to:
Debtor. Hon. MARTIN GLENN
Bankruptcy Judge

RELIEF FROM STAY - REAL ESTATE AND

COOPERATIVE 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 THIS

MOTION: 1167 GRENADA PLACE, BRONX, NEW 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, IA
50328

DEBTNALUE 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 OF DEBT AS OF
THE PETITION DATE

8. TOTAL PRE-PETITION INDEBTEDNESS OF DEBTOR(S) TO MOVANT AS OF PETITION FILING

DATE: (Good through October 1,2010) $355 ,398.13

A. AMOUNT OF PRINCIPAL: $343,427.12

B. AMOUNT OF INTEREST: $12,019.98

C. AMOUNT OF ESCROW (TAXES AND INSllRANCE): $1,960.34

D. AMOUNT OF FORCED PLACED INSURANCE

EXPENDED BY MOVANT: $0.00

E. AMOUNT OF ATTORNEYS' FEES BILLED

TO DEBTOR(S) PRE-PETITION : $0.00

F. AMOUNT OF PRE-PETITION LATE FEES, IF ANY,

BILLED TO DEBTOR(S): $448.50

9. CONTRACT INTEREST RATE: Fixed 6% (IF INTEREST RATE IS (OR WAS) ADJUSTABLE, PLEASE LIST
THE RATE(S} AND DATE(S} THE RATE(S} WASIWERE IN EFFECT ON A SEPARATE SHEET AND ATTACH
THE SHEET AS AN EXHIBIT TO THIS FORM; PLEASE LIST THE EXHIBIT NUMBER HERE:_.}

10. PLEASE EXPLAIN ANY ADDITIONAL PRE-PETITION FEES, CHARGES OR AMOUNTS CHARGED
TO DEBTOR'S ACCOUNT AND NOT LISTED ABOVE:
Property Inspection Fees $60.00
Title Work Charge $125.00
Suspense Amount ($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 PETITION
THROUGH PAYMENT DUE ON 09/0112010 AS THIS ISA CHAPTER 7 CASE, THERE ARE NOW A
TOTAL 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 FEE

PAYMENT AMOUNT RECEIVED APPLIED TO APPLIED TO APPLIED TO CHARGED
DUE DATE DUE PRINCIPAL INTEREST ESCROW I{IF ANY)
'04/0112010 $2,771.96 $89.70
'05 /0112010 $2,771.96 $89.70
'06/0112010 $2,771.96 $0.00
'07/0112010 $2,771.96 $0.00
08/01/2010 S2,77 1.96 SO.OO
09/0112010 $2,771.96 $0.00
TOTALS: $16,631.76 $179.40
• AS TIllS IS A CHAPTER 7, THERE ARE ALSO 4 PRE-PETITION MONTHLY MORTGAGE PAYMENTS
NOW DUE AS LISTED ABOVE.

14. AMOUNT OF MOVANT'S ATTORNEYS FEES BILLED TO DEBTOR FOR 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 MOVANT

POST-PETITION: $0.00

20. SUM HELD IN SUSPENSE BY MOVANT IN CONNECTION WITH TIllS CONTRACT, IF

APPLICABLE: $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 EXHIBIT
NUMBER ASSOCIATED WITH THE DOCUMENTS.

I. COPIES OF DOCUMENTS THAT ESTABLISH MOVANT'S INTEREST IN THE SUBJECT

PROPERTY. FOR PURPOSES OF EXAMPLE ONLY, A COMPLETE AND LEGIBLE COPY OF THE
PROMISSORY NOTE OR OTHER DEBT INSTRUMENT TOGETHER WITH A COMPLETE AND
LEGIBLE COpy OF THE MORTGAGE AND ANY ASSIGNMENTS IN THE CHAIN FROM THE
ORIGINAL MORTGAGEE TO THE CURRENT MOVING PARTY. (EXHIBIT A.)

2. COPIES OF DOCUMENTS THAT ESTABLISH MOVANTS STANDING TO BRING THIS

MOTION. (EXHIBIT A.)

3. COPIES OF DOCUMENTS THAT ESTABLISH MOVANTS INTEREST IN THE REAL

PROPERTY OR COOPERATIVE APARTMENT WAS PERFECTED. FOR THE PURPOSES OF
EXAMPLE ONLY, TIllS MAY BE A COMPLETE AND LEGIBLE COpy OF THE FINANCING
STATEMENT (UCC-l) FILED WITH THE CLERK'S OFFICE OR THE REGISTER OF THE COUNTY IN
WHICH THE PROPERTY OR COOPERATIVE APARTMENT IS LOCATED. (EXHIBIT A.)
 CERTIFICATION FOR BUSINESS RECORDS

I CERTIFY THAT THE INFORMATION PROVIDED IN TIllS FORM AND/OR ANY EXHIBITS
ATTACHED TO THIS FORM (OTHER THAN THE TRANSACTIONAL DOCUMENTS ATTACHED AS
REQUIRED BY PARAGRAPHS 1,2 AND 3, IMMEDIATELY ABOVE) IS DERIVED FROM RECORDS,
THAT WERE MADE AT OR NEAR THE TIME OF THE OCCURRENCE OF THE MATTERS SET FORTH
BY, OR FROM INFORMATION TRANSMITTED BY, A PERSON WITIl KNOWLEDGE OF TIlOSE
MATTERS, WERE KEPT IN THE COURSE OF THE REGULARLY CONDUCTED ACTIVITY; AND WERE
MADE BY THE REGULARLY CONDUCTED ACTIVITY AS A REGULAR PRACTICE.

I FURTHER CERTIFY THAT COPIES OF ANY TRANSACTIONAL DOCUMENTS ATTACHED TO TIllS

FORM AS REQUIRED BY PARAGRAPHS 1, 2 AND 3, IMMEDIATELY ABOVE, ARE TRUE AND
ACCURATE COPIES OF THE ORIGINAL DOCUMENTS. I FURTHER CERTIFY THAT THE ORIGINAL
DOCUMENTS ARE IN 1V10VANTS POSSESSION, EXCEPT AS FOLLOWS: _ _ _ _ _ __

DECLARATION

I, Ci';" C Zuhu' OF WELLS FARGO BANK, NA HEREBY DECLARE PURSUANT

TO 28 U.S.C. SECTION 1746 UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND
CORRECT BASED ON PERSONAL KNOWLEDGE OF THE MOVANTS BOOKS AND BUSINESS
RECORDS.

EXECUTED AT --::-;:--;h,:.y=<Jc.=«..,i"',""(_ _ _ _<CITY!TOWN>, ~ <STATE> ON THIS ~ DAY OF

.."'~O{::!....._-', 20....!Q...
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WELLS FARGO BANK, NA

8480 STAGECOACH CIRCLE

FREDERICK, MD 21701
B6A (Official Form 6A) (12107)

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

Debtor

SCHEDULE A - REAL PROPERTY

Except 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 for
the debtor's own benefit. If the 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." If the debtor holds no interest in real property, write "None" under
"Description and Location of Property."
Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
Unexpired Leases. ~
Ifan entity claims to have a lien Of hold a secured interest in any property, state the amount of the secured claim. See Schedule D. Ifno entity
claims to hold a securcd interest in the property, write "None" in the column labeled !!Amount of Secured Claim." If the debtor is an individual or
if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt.

Husband, Current Value of

Nature of Debtor's Debtor's Interest in
Description and Location of Property Wife, Property, without Amount of
Interest in Property Joint, or Secured Claim
Community Deducting any Secured
Claim or Exemption

2 Family House at 1167 Grenada Place, Bronx, NY Joint tenant 430,000.00 377,676.00

Sub-Total> 430,000.00 (Total of this page)

Total> 430,000.00
_0_ continuation shects attached to the Schedule of Real Property
(Report also on Summary of Schedules)

Software Copyright (e) 1996-2010 - Best Case Solutions - Evanston, IL -www.bestcase.com 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 of
the 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 provided
if the debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and
other 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 the child's parent or
guardian, such as "A.B., a minor child, by John Doc, guardian." Do not disclose the child's name. See, 11 U.S.c. §1l2 and Fed. R. Bankr. P. l007(m). Ifa11 secured
creditors 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 appropriate
schedule 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 be
liable 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". If the claim is unliquidated, place an "X" in the column labeled "Unliquidated". If the
claim is disputed, place an "X" in the column labelcd "Disputed". (You may necd to place an "X" in more than one of these 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 last
shcct of the completed schedule. Rcport the total from the column labeled "Amount of Claim" also on thc Summary of Schedules and, if the debtor is an individual with
primarily 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 has no creditors holding secured claims to report on this Schedule D.
C Husband, Wife, Joint or Community C U D AMOUNT OF
CREDITOR'S NAME 0 0 N I
D H DATE CLAIM WAS INCURRED. N L s CLAIM
AND MAILING ADDRESS E T I p WITHOUT UNSECURED
INCLUDING ZIP CODE, B w NATURE OF LIEN, AND I Q u PORTION,IF
T J DESCRIPTION AND VALUE N u T DEDUCTING
AND ACCOUNT NUMBER 0 E VALUE OF ANY
c OF PROPERTY G I
(See instructions above.) R
SUBJECT TO LIEN
E D D COLLATERAL
N A
T T
Account No. 12044447550154 3/06 E
D

M&T Bank Second Mortgage

One Fountain Place
3rd Floor 2 Family House at 1167 Grenada Place,
Buffalo, NY 14203
- Bronx, NY

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 Mortgage

8480 Stagecoach Cir
2 Family House at 1167 Grenada Place,
Frederick, MD 21701
- Bronx, NY

Value $ 430,000.00 343,427.00 0.00

Account No.

Value $
Account No.

Value $
Subtotal
0 continuation sheets attached 377,676.00 0.00
---
(Total ofthis page)

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
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK

ORDER

InRe: Case No.: 1O-14030-mg

(Chapter 7)
TANDALA MIMS AKA TANDALA WILLIAMS
Assigned to:
Debtor. Hon. MARTIN GLENN
Bankruptcy Judge

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,

pennitting 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 York

October ,2010

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