Federal Natl. Mtge. Assn. ("Fannie Mae") v. Araka

Federal Natl. Mtge. Assoc. (Fannie Mae) v Araka 2026 NY Slip Op 30306(U) February 11, 2026 Supreme Court, Bronx County Docket Number: Index No. 35194/2018E Judge: Naita A. Semaj Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/35194_WW.html[02/13/2026 3:47:25 PM] FILED: BRONX COUNTY CLERK 02/11/2026 12:30 PM INDEX NO. 35194/2018E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 02/11/2026 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: IAS PART 27 -------------------------------------------------------------------X FEDEARL NATIONAL MORTGAGE ASSOCIATION Index N!t 35194/2018E ("FANNIE MAE"), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE Hon. Naita A. Semai UNITED STATES OF AMERICA, Justice of the Supreme Court Plaintiff, DECISION AND ORDER -against- BENEDICT ARAKA, et al. , Defendants. --------------------------------------------------------------------X The following papers were read on this motion (Seq. No. 3) for SUMMARY JUDGMENT I ORDER OF REFERENCE, and cross-motion to DISMISS, submitted on November 10, 2025: ocuments NYSCEF Doc. Nos. otice of Motion, Affirmation, Affirmation in Support and Exhibits, Statement of 90 - 99 aterial Facts, Memorandum of Law, Pro osed Order, Affirmation of Service otice of Cross-Motion, Affirmation in Support of Cross-Motion, Affirmation of 103 - 111 Defendant in Su ort of Cross-Motion and Exhibits 112 113 Upon the foregoing papers, plaintiff moves for summary judgment against defendant Benedict Araka (Araka), for default judgment against all non-answering defendants, and to appoint a referee to compute. Defendant Araka opposes the motion and cross-moves to dismiss. Both parties previously made identical motions, and this court' s order, dated June 28 , 2022, was modified by decision of the Appellate Division, First Department (NYSCEF Doc No. 84). This appellate decision affirmed this court' s denial of defendant 's cross-motion to dismiss and modified this court' s grant of an order ofreference. In support of its motion, plaintiff submits the affirmation of Anna Milan, Document Verification Specialist ofNewRez LLC (NYSCEF Doc No. 93). Ms. Milan attaches business records showing that defendant, by telephone, authorized the loan servicer to communicate with Gabrielle 0. Amene, Esq. about the subject loan on or about June 11 , 2014 (NYSCEF Doc No. 93 at 72). These business records also include a letter sent from plaintiffs servicer, Seterus Inc. , dated June 11 , 2014, as written confirmation of this authorization (NYSCEF Doc No. 93 at 146). Defendant argues that plaintiff, by sending the notice of default to Amene's law office address, failed to provide him with notice of default as required under the mortgage agreement. Milan's [* 1] 1 of 6 FILED: BRONX COUNTY CLERK 02/11/2026 12:30 PM INDEX NO. 35194/2018E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 02/11/2026 affirmation attaches a letter addressed to defendant Aralrn care of Arnene at the law office address, dated February 21, 2017 (NYSCEF Doc No. 93 at 146). Plaintiff proffers this letter as proof of giving defendant the notice of default required by the mortgage agreement. In February 2017, Arnene was counsel ofrecord for defendant in the action entitled, Benedict Araka v Seterus Inc., Supreme Court, Bronx County, under index no. 302167/2015. That action was dismissed by order of this court dated October 4, 2017 (NYSCEF Doc No. 108). Defendant Araka sued Seterus Inc., plaintiffs loan servicer over an escrow dispute concerning the subject property and loan (NYSCEF Doc No. 107). Seterus Inc., as plaintiffs loan servicer, mailed the notice of default while that action was pending. Defendant's claim that his attorney-client relationship with Amene ended before the instant foreclosure action does not demonstrate that service of the notice to Arnene was improper, as that relationship was ongoing at the time of defendant's default and plaintiffs service of the notice of default. Significantly, defendant does not contest plaintiffs allegations that he defaulted on the loan as of the January 2017 payment. Plaintiff has demonstrated that it sent the notice of default required under the mortgage agreement to defendant' s counsel at that time, and therefore, successfully set forth a prima facie case for summary judgment on the note and mortgage herein. In response, defendant does not submit new or additional evidence sufficient or competent to either raise a triable issue of fact or to demonstrate his entitlement to summary judgment dismissing the complaint. Accordingly, plaintiffs motion is granted, defendant' s cross-motion is denied, and the accompanying order is signed. This constitutes the Decision and Order of the Court. Dated: February , 2026 Hon. - - - ; L - - - / V _ NAif A A. SEMAJ, J.S .C. I. CHEC K ONE .. .... .... .. .... ........ .. ....... .. ... .... .. D CASE DI SPOSED IN ITS ENTIRET Y X CASE STILL ACT IVE 2. MOTION IS ... .. .. ........ .. .... .... ...... ..... .. .... .. .. X GRANTE D □ DEN IED □ GRANTED IN PA RT □ OTHER 3. CHEC K IF APPROPRI ATE ....... .. .... .. .... .. □ SETT LE ORD ER □ SU BMIT ORDER □ SCHEDULE A PPEARANCE □ FID UC IARY APPOINTM ENT X REFEREE APPO INTM ENT [* 2] 2 of 6 FILED: BRONX COUNTY CLERK 02/11/2026 12:30 PM INDEX NO. 35194/2018E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 02/11/2026 At Part 27 of the Supreme Court of the State of New York, held in and for the County of Bronx, at the Courthouse located at 851 Gpnd Concourse, Bronx 10451, on the PRESENT: -1:2_ day of February, 2026. Honorable NAITA A. SEMAJ J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X FEDERAL NATIONAL MORTGAGE ASSOCIATION Index No. 35194/20 l 8E ("FANN,IE MAE"), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE ORDER GRANTING MOTION FOR UNITED STATES OF AMERICA, SUMMARY JUDGMENT, DEFAULT JUDGMENT, AND APPOINTMENT OF Plaintiff A REFEREE TO COMPUTE -against- BENEDICT ARAKA; NEW YORK CITY Mortgaged Premises: ENVLRONMENTAL CONTROL BOARD; 502 East 184th Street ENMANUEL EGWEO; EVELYN GARCIA, Bronx, New York I 0458 Defendants Block: 3053 Lot: 119 ---------------------------------------------------------------------X On the RPAPL §1320 specialized Summons, Complaint, Notice of Pendency, and CPLR §3012-b Certificate of Merit filed in the Bronx County Clerk's Office on March 28, 2018, the Notice of Motion, Affirmation, and Memorandum of Law of Stephen J. Vargas, Esq., of Friedman Vartolo LLP, dated July 2, 2024, from which it appears that this action was brought to foreclose a mortgage on real property known as 502 East 184th Street, Bronx New York I 0458 , by reason of certain defaults as alleged in the Complaint of this action, and on all the pleadings and papers heretofore filed herein, and the proceedings had herein, and after due deliberation, the defendant Benedict Araka answered the Complaint, and the notice of pendency of this action was filed more than 20 days pnor hereto; and that _ __ _ _ __ __ _ _ __ _ _ appeared in opposition hereto; after due deliberation, NOW, on motion of Friedman Vartolo LLP, the attorneys for the Plaintiff, it is ORDERED, that the Plaintiff's motion for summary judgment on its Complaint and the Defendant's counterclaims pursuant to CPLR §3212, dismissal of the Defendant's affirmative defenses pursuant to [* 3] 3 of 6 FILED: BRONX COUNTY CLERK 02/11/2026 12:30 PM INDEX NO. 35194/2018E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 02/11/2026 CPLR §3211 (b ), default judgment against the non-appearing Defendants pursuant to CPLR §3215, appointment of a referee to compute pursuant to RPAPL §1321 (1 ), and related relief is granted in all respects; and it is further ORDERED, that Defendant's affirmative defenses alleged in the Verified Answer are dismissed pursuant to CPLR §3211 (b ); and it is further ORDERED, that the Defendant's Verified Answer is limited to notices of appearance and waiver of all papers and notices of all proceedings in said action except a copy of Referee's Oath and Report of Amount Due, a copy of the Judgment of Foreclosure and Sale, Notice of Entry of Judgment, Notice of Sale, Referee's Report of Sale, and Notice of Proceedings to Obtain Surplus Monies; and it is further ORDERED, that default judgment against the non-appearing Defendants is granted pursuant to CPLR §3215; and it is further ORDERED that this action be, and the same is hereby referred to _L_e_tic_i_a_A_rz_u_ _ _ __,Esq., with an address of 200 Mamaroneck Ave., Suite 500, White Plains, NY 10601 as Referee to 914-668-4600 [email protected] ascertain and compute the amount due except as to attorney's fees upon the Note and Mortgage upon which J.S.C. this action was brought and to examine and report whether or not the Mortgaged Premises as further described in the Complaint should be sold in one parcel, and that the Referee make his/her report with all convenient speed; and it is further ORDERED, that, if required, said Referee take testimony pursuant to RPAPL §1321 (I); and it is further ORDERED, that by accepting this appointment, the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to, 36.2(c) (" Disqualification from appointment") and 36.2(d) ("Limitations on appointments based on compensation"); and it is further 2 [* 4] 4 of 6 FILED: BRONX COUNTY CLERK 02/11/2026 12:30 PM INDEX NO. 35194/2018E NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 02/11/2026 ORDERED, that a copy of this Order with Notice of Entry shall be served upon the owner of the equity redemption, any tenants named in this action, and any other party entitled to notice; and it is further ORDERED, that pursuant to CPLR § 8003(a) and in the discretion of the court, a fee of $350.00, shall be paid to the Referee upon the filing of his/her report, and in accordance with CPLR § 8003(b), the statutory fee shall be naid to the Referee at the time of the foreclosure sale.: and it is further J.S.C. ORDERED, that the Referee appointed herein is subject to the requirements of Rule 36.2(c) of the Chief Judge and, if the referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and it is further ORDERED, that the Referee is prohibited from accepting or retaining any funds for himself/herself or paying funds to himself/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge, and it is further ORDERED, that on the filing of the Referee's Oath and Report, and confirmation thereof, the Plaintiff shall have Final Judgment of Foreclosure and Sale. ENTER: Hon. r-faita A . Sema_j, J.S.C. 3 5 of 6 [* 5]