NOTICE MOTION ORDER MOTION AND DEMAND TODISMISS …

I am before the court by special appearance without waiving any rights remedies ordefenses, statutory or procedural

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS

THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB)

Plaintiff,-against-

Carlyne Desir, New York City Environmental Control Board, New York City ParkingViolations Bureau, New York City Transit Adjudication Bureau and "JOHN DOE #1Through "JOHN DOE #10", the last ten names being fictitious and unknown to theplaintiff, the person or parties intended being the persons or parties, if any, having orclaiming an interest in or lien upon the Mortgaged premises described in the Complaint,

NOTICE MOTION ORDER

INDEX NO: 507782/2015

MOTION AND DEMAND TO DISMISS WITH PREJUDICE FORFRAUD, VIOLATIONS OF FDCPA, IDENTITY THEFT AND LACKOF JURISDICTION. DECISION AND ORDER VOIDED.

PLEASE TAKE NOTICE, that motion will be heard in the above captioned court. Thedefendant CARL YNE DESIR, duIy sworn to on 14 day of April, 2017, and upon all priorpleadings and proceedings documents herein, the undersigned will apply to this Court atroom 955 or Part to be assigned, at the Courthouse thereof, located at 360 Adams Street,Brooklyn, New York 11201 on the 12th day of June 2017, at 9:30 Am or as soonthereafter defendant can be heard, for an order. Dismissing all causes of action againstdefendant CARL YNE DESIR, with prejudice, because Bayview Loan Servicing, LLCand Frenkel Lambert Weiss, LLP are ''third party debt collectors" filing fraudulentdocuments in Kings county court, repeated violations of the Fair Debt CollectionPractices Act, 15 U.S.C. § 1692, et seq. ("FDCPA") Identity theft fraud and court lackJurisdiction.

PLEASE TAKE FURTHER NOTICE, answer and supporting affidavits, shall be servedandlor attached. Defendant Carlyne Desir hereby move the court to dismiss case withprejudice for fraud, repeated violations of the Fair Debt Collection Practices Act, 15U.S.C. § 1692, et seq. ("FDCPA") Identity theft and court lack of Jurisdiction.Furthermore, I don't believe the complaint has been signed or put under oath, no verifiedcomplaint. New York Civil Practice Law and Rules § 3020 verification.

FILED: KINGS COUNTY CLERK 04/19/2017 04:07 PM INDEX NO. 507782/2015

NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 04/19/2017

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FACTS: Statement of Facts

I Carlyne Desir being over the age of twenty-one years, competent with personalfirsthand knowledge, the undersigned Affiant, hereinafter "Affiant," do hereby solemnlyswear, declare, and state the facts as follows:

Foreclosure under "color of law" no Jurisdiction.

1. Affiant is competent to state the matters set forth herewith;

2. Affiant has personal firsthand knowledge of the facts stated herein;

3. All the facts stated herein are true, correct, and complete in accordance with Affiant'sbest firsthand personal knowledge and understanding, and if called upon to testify as awitness Affiant shall so state;

4. Affiant is the only authorized agent for CARL YNE DESIR;

5. Affiant is not a trained or licensed Attorney, Affiant is acting at all times withinAffiant's fundamental right to defend Affiant's life, liberty, property, safety, happiness,and privacy as set out in THE NEW YORK CONSTITUTION as well as executing theduties and responsibilities placed upon anyone acting as the trustee or agent of another;

6. No one else has Affiant's authority, permission, consent, or approval to appear for,through, or on behalf of Affiant. In the event that any party presumes to speak for orrepresent Affiant or make any legal determination on Affiant's behalf or against Affiant,that party is hereby fired.

7. Affiant Carlyne Desir deny ALL allegations and defaulting on a loan. I hereby declarethat Affiant Carlyne Desir never receive a loan for property located at 1192 E46th StreetBrooklyn NY 11234 Block 7749 Lot 56.

8. This action arises out of Bayview Loan Servicing, LLC and Frenkel Lambert Weiss,LLP filing fraudulent documents in Kings county court and repeated violations of theFair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA") and identitytheft .

9. Frenkel Lambert Weiss, LLP illegal efforts to collect the alleged debt, identity thiefand Defamation of Affiant character in this court case. Frenkel Lambert Weiss, LLPattorneys are committing fraud.

10. Affiant Carlyne Desir is the actual owner of the mortgage, note and property located1192 E46th Street Brooklyn NY 11234 Block 7749 Lot 56.

11. Affiant CARL YNE DESIR executed a mortgage and promissory note to Florida



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Capital Bank, N.A. DBA Florida Capital Bank mortgage which is not a party to thisaction. Affiant created the currency for the asset, promissory note.

12. Affiant have no business with Bayview Loan Servicing, LLC and Frenkel LambertWeiss, LLP alleged loan is paid off with the original lender "Florida Capital bank dbaFlorida Capital Bank Mortgage", its successors andlor assigns.

13. Affiant has requested that Frenkel Lambert Weiss, LLP validate the debt and/orremove the account (Attached, Request for validation of Debt, Cease and Desist & Noticeand Demand to Cease and Desist Collection Activities Prior to Validation of PurportedDebt is filed in court). Although, Frenkel Lambert Weiss, LLP have not validated thedebt, they've continued to filed fraudulent documents in Kings county court inconnection with this account File # 01-043892-FOl.

14. Frenkel Lambert Weiss, LLP "third party debt collectors" is attempting to collect adebt on the basis of fraud! Frenkel Lambert Weiss Weisman & Gordon, LLP is inviolation of federal Fair Debt Collection Practices Acts (FDCPA), fraudulent courtfilings and violation of New York statues- TITLE XXXIII REGULATION OF TRADE,COMMERCE, INVESTMENTS, AND SOLICITATIONS 501.204(1) & (2) unlawfulacts and practices. This action might constitute fraud under both federal and state laws.

15. Affiant has no evidence that Frenkel Lambert Weiss, LLP have rights tocollect/enforce on alleged loan/debt. I have no legal obligation to pay this company.Furthermore, THE BANK OF NEW YORK Mellon FKA The Bank New York,(CWALT 2006-31 CB) email stated they have nothing to do with the foreclosure lawsuit.Frenkel Lambert Weiss, LLP is trying to foreclosure on my property in the name of THEBANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31 CB)Fraud.

16. Bank of New York Mellon is not the party foreclosing on Affiant property located1192 E46th Street Brooklyn NY 11234 Block 7749 Lot 56 it is Frenkel Lambert Weiss,LLP (Exhibit A BONY email) stated "BNY Mellon is acting as a Trustee, andtherefore we do not own the loan or the property. As trustee, BNY Mellon is notinvolved in the servicing of the loans or the foreclosure process. This is theresponsibility of the Servicer. Since Bank of America services the loan associatedwith your property, they are the direct and only contact in regards to your request.I have forwarded your email to them for handling. Please contact me should younot hear from them." Bayview Loan Servicing, LLC and Frenkel Lambert Weiss. LLPconspiracy to commit fraud, Indictment and constructive fraud.

17. Bayview Loan Servicing, LLC and Frenkel Lambert Weiss, LLP stole myinformation to create fraudulent accounts and documents.



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18. Frenkel Lambert Weiss, LLP and Bayview Loan Servicing, LLC have a financialmotive to commit fraud.

19. Supreme Court Rulings "An attorney for the plaintiff cannot admit evidence into thecourt. He is either an attorney or a witness". (Trinsey v. Pagliaro D.C.Pa. 1964,229 F.Supp. 647). "Statements of counsel in brief or in argument are not sufficient for motion todismiss or for summary judgment." Trinsey v. Pagliaro. D. C. Pa. 1964.229 F. Supp.647." Frenkel Lambert Weiss, LLP Attorneys statements are hearsay, counsels do nothave personal knowledge of the note, mortgage deed or my property 1192 E46th StreetBrooklyn New York 11234.

20. Supreme Court Rulings That Turned Corporations into People, person. RussianVolunteer Fleet v. United States The high court sided with the company, ruling that evenforeign corporations are protected from unlawful government seizures under the FifthAmendment, which ensures fair treatment by the legal system

I demand to question Nicole Lyn Matthews and Randall Jackson under oath, testify onthe record. I need somebody from THE BANK OF NEW YORK Mellon to testify underoath on the record and subject to cross- examining. Iwant proof that they have the noteand mortgage deed of trust in their hand. Ineed the original wet ink signature or accountledger showing the transfer of funds from their account to my account.

Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939,68 L.Ed 2d 326 When ajudge knows that he lacks jurisdiction, or acts in the face of clearly validstatutes expressly depriving him of jurisdiction, judicial immunity is lost.JURISDICTION: NOTE: It is a fact oflaw that the person assertingjurisdiction must, when challenged, prove that jurisdiction exists; meregood faith assertions of power and authority (jurisdiction) have beenabolished. "Jurisdiction of court may be challenged at any stage of theproceeding, [U.S. v. Anderson, 60 F.Supp. 649 (D.C.Wash. 1945)] "Thelaw requires proof of jurisdiction to appear on the record of theadministrative agency and all administrative proceedings." Hagans vLavine 415 U. S. 533.

This Court is defmed under FRCP Rule 4 (j) as a FOREIGN STATE as defmed under 28USC 1602 -1611 FOREIGN SOVEREIGN IMMUNITY ACT (FSIA) is beingjurisdictionally challenge and full disclosure of the true jurisdiction of this Court is nowbeing demand. Any failure to disclose the true jurisdiction is a violation of 15 Statutes atLarge, Chapter 249 (section 1), enacted July 271868



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I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Motionorder and SUPPORTING AFFIDAVIT is furnished via electronic delivery to attorney onthe same day 14 day of April, 2017 to Attorney Frenkel Lambert Weiss Weisman &Gordon, LLP. 53 Gibson Street Bay Shore, NY 11706 File: 01-043892-FOI Dated thisApril 14, 2~.

JURAT: ~--~~~~~~~------------CARL YNE DES reserving all rights without Prejudice

IN WITNESS WHEREOF, this Notice of Motion order SUPPORTINGAFFIDAVIT is executed under seal on the 14 day 0 pril, 2017.

Executed in the presence of:



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1112912016 Gmail - 1192 East 46th Street Brooklyn NY 11234

Carlyne Edwards <[email protected]>

1192 East 46th Street Brooklyn NY 11234

Carlyne Edwards <[email protected]>To: [email protected]

tTue, Nov 29, 2016 at 1:17 PM

name of Bank of America representative Nicole Lyn Matthews and Bayview Loan servicing representativeVP Randall Jackson, claim that THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB) isthe owner of mortgage and the foreclosing on my property.

On Tue Nov 29. 2016 at 923 AM <Thank you for your recent correspondence.

> wrote.

As per our records you will need to contact the servicer for the address(es) listed in your email. The servrcer info isas follows'

Servicer Bank of America N.A. Master ServicerPhone # Existing Mortgages! REO: (For callers Interested in purchasinq an available Bank ofAmerica owned property, please refer to BOA's website at \N.vw.realestatecenter.bankofalllcrwa com)

Existing Home Equity Lines of Credit & Loans'

BNY Mellon is acting as a Trustee, and therefore we do not own the loan or the property. As trustee, BNY Mellon ISnot involved in the servicing of the loans or the foreclosure process .. This is the responsibility of the Servrr er Theservrcer IS the direct and only contact w~ould have the intormation you are seeking.

If YOLiwere referred to BNY Mellon by Bank of America please provide the name of Bank of Arne-rca representativefor our records

Thank you for contacting BNY Mellon.

BNYMellon Property InquiriesGlobal COrjJOIate Trust fclnltgage Backed 5 -cunues- Pi10!l(;!


MBS.Property lnquiries < 112'3 :<0<6 02 HI PM


The information contained in this e-marl and any attachment. IS confidential and IS Intended solely for the lise of lllP



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mailto:[email protected]

·11/2912016 Gmail- 1192 East 46th Street Brooklyn NY 11234

Carlyne Edwards <carlynedesir@gmaiLcom>


[email protected] <[email protected]>To: Carlyne Edwards <[email protected]>

Tue, Nov 29, 2016 at 3:20 PM

Good Afternoon,

Unfortunately, the info provided by Nicole is not correct. Bank of America acts as the Master Servicer and would be theones who initiated the foreclosure proceedings not BNY Mellon as Trustee.

Thank you.

Re: 1192 East 46th Street Brooklyn NY 11234

MBS.Property.lnquiries 11/29/201601:17 PM

name of Bank of America representative Nicole Lyn Matthews and Bayview Loanservicing representative VP Randall Jackson, claim that THE BANK OF NEW YORK Mellon FKA TheBank New York, (CWALT 2006-31CB) is the owner of mortgage and the foreclosing on myproperty.

On Tue, Nov 29, 2016 at 9:23 AM, <Thank you for your recent correspondence.

> wrote:

As per our records, you will need to contact the servicer for the address(es) listed in your email. The servicer info is asfollows:

Servicer: Bank of America N.A., Master ServicerPhone #: Existing Mortgages! REO: (For callers interested In purchasing an available Bank of Americaowned property, please refer to BOA's website at www.realestatecenter.bankofamerica.com)

Existing Home Equity Lines of Credit & Loans:

BNY Mellon is acting as a Trustee, and therefore we do not own the loan or the property. As trustee, BNY Mellon is notinvolved in the servicing of the loans or the foreclosure process .. This is the responsibility of the Servicer. Theservicer is the direct and only contact who would have the information you are seeking.

If you were referred to BNY Mellon by Bank of America, please provide the name of Bank of America representative forour records.

Thank you for contacting BNY Mellon.



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mailto:[email protected]

Carlyne Desir1211 Atlantic CtKissimmee FL 34759

Frenkel Lambert Weiss Weisman & Gordon, LLP53 Gibson StreetBay Shore, NY 11706

June 22, 2015

Regarding:Original Creditor:Account Number:

Florida Capital Bank, N.A DBA Florida Capital Bank Mortgage4116100006

Reference: Creditor to whom the debt is owed: Bank of New York MellonMortgage Loan Servicing: Bayview Loan Servicing, LLCLoan # 0000928408OUf File # 01-043892-FOlPremises: 1192 East 46th Street, Brooklyn, NY 11234

To Whom It May Concern:

REQUEST FOR VALIDATION OF DEBT, Demand to Cease and Desist

Dear CEO Frenkel Lambert Weiss Weisman & Gordon, LLP,

Your letter was received on 19 June 2015, alleging that lowe a debt to an original creditor namedBank of New York Mellon, now in collections with your organization under File # 01-043892-F01. I am unaware of any contract creating an obligation or indebtedness to Bank of New YorkMellon, Bayview Servicing or Debt Collector Company.

So that I may further assist you, I am requesting that you validate the debt. Validation differsfrom verification, whereas I am challenging the authenticity of debt you are attempting to collect.Provide me with a true copy of the authenticated contract with my signature at the addressprovided above, as well as the other relevant information requested below

1. Please furnish a copy of the original promissory notes redacting the assigned socialsecurity number from which the alleged debt arises.

2. Please produce the accounting and general ledger statements showing the full accountingof the alleged debt that you are now attempting to collect.

3. Please identify by name and address all persons, corporations, associations, or any otherparty having an interest in legal proceedings regarding the alleged debt.



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4. Please verify under penalty of perjury, that this debt is not paid in full or satisfied.

5. Please verify under penalty of perjury, that as a debt collector, you have not purchasedevidence of the debt and are proceeding with collection activity in the name of theoriginal maker of the note.

6. Please verify under penalty of perjury that you know and understand that certain clausesin a contract of adhesion, such as so-called forum selection clauses, are unenforceableunless the party to whom the contract is extended could have rejected the clause withoutimpunity.

7. Please provide verification from the stated creditor that you are authorized to act forthem.

8. Please verify that you know and understand that contacting me again after receipt of thisnotice without providing procedurally proper validation of a debt constitutes the use ofinterstate communications in a scheme of fraud by advancing a writing which you knowis false with the intention that others rely on the written communication to theirdetriment.

9. Please limit your communication with me to writing only.

Please be advised that sending unsubstantiated demands for payment through the United StatesMail System might constitute mail fraud under federal and state law. You may wish to consultwith a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection PracticesAct will be construed as your absolute waiver of any and all claims against me, and your tacitagreement to compensate me for costs and attorney fees.

If you do not provide me the information requested within thirty (30) days, I will consider thepurported debt to be invalid, that you made a mistake, and that you agree to sanctions imposedagainst you and your organization for knowingly continuing a frivolous claim against me.

Disputing the Alleged Debt,



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NOTICE MOTION ORDER MOTION AND DEMAND TODISMISS …