UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
……………………………………………………………………..X
In re:
Chapter 7
ASHMEEN MODIKHAN, Case No.: 19-46591-jmm
Debtor.
……………………………………………………………………..X
ASHMEEN MODIKHAN,
Plaintiff,
v.
DARROW ARONOW, ESQ., HANIN R. SHADOOD, Adv. Pro. No: 21-01009-jmm
COURTNEY R. WILLIAMS, ESQ., FAY SERVICING
LLC, RUSHMORE LOAN MANAGEMENT SERVICES,
INC., MARIANNE DEROSA, THE UNITED STATES
OF AMERICA, DOES 1-100 INCLUSIVE
Defendants.
……………………………………………………………………..X
AFFIDAVIT IN SUPPORT OF NEW EVIDENCE
I, ASHMEEN MODIKHAN, being duly sworn, states as follows:
1. I am a resident of the state of New York at 94-22 Magnolia Court, Unit 1B, Ozone Park,
NY 11753.
2. I am of above 18 years old and of sound mind.
3. I am the Plaintiff in this action, and am therefor competent to testify to the averments
herein.
4. I make this Affidavit to introduce new evidence, which is pertinent to the case.
5. On or about April 17, 1998, Rosicki, Rosicki and Associates received, and accepted a
letter of intent to be retained by the Federal National Mortgage Association (“Fannie
Mae”) (Exhibit A).
2
6. On or about April 10, 2013, Rosicki, Rosicki and Associates again entered a “Federal
National Mortgage Association Mortgage Default Counsel Retention Agreement”
(Exhibit B).
7. Rosicki, Rosicki and Associates who initiated the illegal foreclosure then initiated the
illegal foreclosure of my Howard Beach property on or about March 12, 2010 (Case No:
301/2010 E-File 705854). Rosicki, Rosicki and Associates admitted, in an unrelated case,
to fraudulent firm practices in presenting foreclosure cases between 2009-2018 and were
penalized by the court (in United States ex rel. Grubea v. Rosicki, Rosicki & Assocs., 12-
cv-7199).
8. On or about October 6.2022, I performed a search at the Office of Court Administration,
Attorney Registration Unit, which search showed that Rosicki, Rosicki and Associates
employed Courtney R. Shed, aka Courtney Williams (Reg# 5324058) on or about July
15, 2015 (Exhibit C).
9. Furhter, from January 12, 2017, Attorney Courtney R. Shed was employed by Gross
Polowy LLC. Courtney R. Shed is currently employed by Gross Polowy LLC.
10. Gross Polowy has been directly involved in the foreclosure cases for both of my
properties in the State Court and the Bankruptcy case(s) in the instant Court.
11. I have been subjected to fraud and miscarriage of justice. Both Rosicki, Rosicki and
Associates and Gross Polowy LLC were aware that the loan was predatory.
12. I have also been a victim of ineffective assistance of counsel. For the past fifteen years, I
have been forced to hire several attorneys to defend my rights in the foreclosure cases. I
have also been forced to hire counsel for three years for my bankruptcy cases in the
instant case.
3
13. My former counsel failed to clearly show the court how the courts were misled, how the
Plaintiffs in the foreclosure cases perpetuated fraud by inter alia, falsely claiming
ownership of the note without substantial evidence, and how there was a blatant
miscarriage of justice in the foreclosure and bankruptcy cases.
14. In the foreclosure cases, I was never given a jury trial. The foreclosure judgment was
entered in default, which flies against the face of justice.
15. This court’s denial of my motion for relief would only further the abuse that I have been
subjected to from the 15 years at the foreclosure courts, and three years in this court, to
this time. There is no other way I will seek the interests of justice.
I declare under penalty of perjury and under federal laws that all statements and
information contained in the foregoing affidavit are true and correct.
Subscribed and sworn to before me this ____ day of February, 2023.
____________________________________
Notary Public
Date: _________________
Ashmeen Modikhan
94-22 Magnolia Court, Unit 1B
Ozone Park, NY 11753
Pro Se Debtor
4
CERTIFICATE OF SERVICE
I certify that a copy of this Motion for Relief from Judgment was served on [ENTER DATE] to
the Defendants in this action at the following addresses:
Courtney R. Williams
Gross Polowy, LLC
1775 Wehrle Drive, Ste 100
Williamsville, NY 14221
Pro Se Defendant
Marianne DeRosa
Office of the Chapter 13 Trustee
100 Jericho Quadrangle, Ste 127
Jericho, NY 11753
Pro Se Defendant
Darren Aronow
Aronow Law Firm P.C.
7600 Jericho Turnpike, Ste 115
Woodbury, NY 11797
Pro Se Defendant
Steven Amshen
Petroff Amshen, LLP
1795 Coney Island Ave, 3rd Floor
Brooklyn, NY 11230
Counsel for Hanin Shadood
Andrea M Roberts
Blank Rome LLP
1271 Avenue of Americas
New York, NY 10174
Counsel for Fay Servicing, LLC
Krista M Preuss
Krista M. Preuss, Chapter 13 Trustee
100 Jericho Quadrangle, Ste 127
Jericho, NY 11753
Pro Se Defendant
Jonathan M. Robbin
J. Robbin Law PLLC
5
200 Business Park Drive, Ste 103
Armonk, NY 10504
Counsel for Rushmore Loan Management Services, Inc.
DATE:
Ashmeen Modikhan
94-22 Magnolia Court, Unit 1B
Ozone Park, NY 11753
Pro Se Debtor
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