Ashmeen Modkihan
94-22 Magnolia Court, Unit 1B
Ozone Park, NY 11417
April _____, 2023
Hon. Phillip Hom
[Enter Address]
RE: NOTICE OF RELATED PROCEEDING
(US Bank, NA, as Legal Title Trustee for Truman 2016 SC6 Title Trust v. Modikhan, et al., Case No. 705854/2021)
Respectfully,
I am the Defendant in the referenced case. This letter serves as my formal notice of a related case, and request for a request to stay the proceedings in this case.
I have a pending case at the United States District Court, Eastern District of New York, (Modikhan v. Aronow , et al., Case No. 22-CV-06434-EK (E.D.N.Y.), as consolidated with Modikhan v. Aronow, et al., Case No. 22-CV-06439-EK (E.D.N.Y.). I am the Appellant in the said case, which is an Appeal from the United States Bankruptcy Court, Eastern District of New York (Case No. 19-46591-jmm).
The Appeal challenges, inter alia, the illegal foreclosure of my Howard Beach property, which subject is central to this case. Therefore, the decision issued by the Appeal Court would directly affect this case. Notably, a decision entered in my favor would reverse the illegal foreclosure and sale of the Howard Beach property.
The foregoing notwithstanding, Friedman Vartolo LLP is pushing this case further knowing that said matter is in the Appeal Court. Your Honor, as you are aware, the new Foreclosure Abuse Prevention Act applies retroactively. The Act inter alia, sets a high threshold for foreclosure, mandates foreclosure plaintiffs to follow the applicable procedure to prove ownership of the note, and checks fraud and misrepresentation in foreclosure proceedings. Friedman therefore furthers impunity by prosecuting this case yet there has been massive fraud in the case.
I am therefore requesting you to consider my notice and to stay this matter pending the determination of the Appeal. In the event this matter is not stayed, I am prone to suffer disastrously since my rights in and to the Howard Beach property shall be unfairly curtailed.
Sincerely,
_________________
Ashmeen Modkihan
Cc: Friedman Vartolo LLP
Gross Polowy, LLC
(Attorneys for Defendant)
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