FEIN, SUCH, KAHN & SHEPARD, PC. Counsellors at Law 7 Century Drive - Suite 201 Parsippany, New Jersey 07054 (973) 538-9300 MELISSA N. LICKER, ESQ. (ML-5973) IND406 IN RE: IFEOMA EZEKWO Debtor. UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Chapter 11 Case No. 08-17247 DHS AFFIDAVIT IN SUPPORT OF MOTION FOR RELIEF FROM THE AUTOMATIC STAY Hearing Date: July 15, 2008 I, MELISSA N. LICKER, ESQ., of full age, being duly sworn, deposes upon my oath and says: 1. I am the Attorney entrusted with the handling of this case and am fully familiar with the facts of this case. 2. On April 29, 2005, IFEOMA EZEKWO executed to INDYMAC BANK, F.S.B. a Note in the face amount of $328,000.00 (See Note attached hereto as Exhibit "A", hereinafter "Note"). On the same day, to secure said Note, IFEOMA EZEKWO, IF APPLICABLE executed a Mortgage to INDYMAC BANK, F.S.B., which mortgage was recorded in the City Register of the City of New York (See Mortgage attached hereto as Exhibit "B", hereinafter ("Mortgage"). Said Mortgage was assigned to INDYMAC BANK, F.S.B., on May 6, 2008 (See Assignment of Mortgage attached hereto as Exhibit "C").
3. The Mortgage is the first (1 st ) mortgage on residential property owned by the Debtors which is commonly known as 3013 GRAND CONCOURSE, BRONX, NY 10468, and more particularly described in the Mortgage and Bond (hereinafter "Premises"). 4. On April 22, 2008, the Debtor filed a Chapter 11 Petition in Bankruptcy. (See Bankruptcy PACER attached hereto as Exhibit "D"). To date, there is due and owing to INDYMAC BANK, F.S.B. on the Bond and Mortgage the sum of $369,438.23, plus per diem interest accruing thereafter at the rate of 4%, as well as taxes, attorneys' fees, and reasonable costs accruing thereafter. 5. INDYMAC BANK, F.S.B. seeks to pursue a foreclosure action with respect to the Mortgage in the New York state court. 6. This property has a fair market value of $490,000.00 (See Broker Priced Opinion attached hereto as Exhibit "E"). 7. If you add to the foregoing figure, a junior mortgage to FRANKLIN CREDIT CORP. of $81,398.00, and an estimated ten (10%) percent broker's fee and closing costs of $49,000.00, there would not be any equity in the Premises for the estate because the mortgage and brokerage fee total $499,836.23, while the Premises are worth only $490,000.00.
8. In addition, Debtor has failed to file a Plan of Reorganization as required in 11 U.S.C. Section 1121(b) and has failed to file all of the necessary operating reports. 9. Based upon the foregoing, Debtor is/are allowing the debt to increase on a potentially depreciating property, there is no equity for the estate in the Premises, the Premises are not necessary for reorganization. Therefore, relief from the Automatic Stay is appropriate. 10. Lastly, the account is due for October 2007 through June 2008, for a total due of $36,203.97. 11. INDYMAC BANK, F.S.B., therefore, prays for an Order granting relief from the Automatic Stay and permitting it to pursue a foreclosure action with respect to the Premises in the state court of New York, including, but not limited to, sale of said Premises by way of foreclosure sale. I certify that the foregoing is true to the best of my knowledge and belief and am aware that if anything herein is willfully false, I am subject to punishment. Dated: June 24, 2008 FEIN, SUCH, KAHN & SHEPARD, PC. By: /S/ MELISSA N. LICKER, ESQ.
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-2(c) FEIN, SUCH, KAHN & SHEPARD PC Counsellors at Law 7 Century Drive - Suite 201 Parsippany, New Jersey 07054 (973) 538-9300 IND406 In Re: IFEOMA EZEKWO Debtor. Case No.: 08-17247 DHS Adv. No.: Hearing Date: July 15, 2008 Judge: Honorable Judge Donald H. Steckroth CERTIFICATION RE CALCULATION OF AMOUNTS DUE NOTE AND MORTGAGE DATED May 4, 2005 MELISSA N. LICKER, ESQ. of full age, employed as an attorney associated with the firm FEIN, SUCH, KAHN & SHEPARD, attorneys for the secured creditor INDYMAC BANK, F.S.B., hereby certifies the following information: Recorded on in County, in Book at Page Property Address: 3013 GRAND CONCOURSE, BRONX, NY 10468 Mortgage Holder: INDY MAC BANK, F.S.B. I. PAYOFF STATEMENT Unpaid Principal Balance _$340,253.89 Interest from to $15,688.98 (Interest rate= % per year, $ per day x days) Escrow Advance $9,748.97
Total Fees $72.00 Accumulated Late Charges _$2,034.39 Other Fees Due $51.00 Recoverable Balance $1,589.00 TOTAL DUE AS OF 06/16/08 _ $369,438.23 II. EQUITY ANALYSIS(When Appropriate) Estimated fair market value of real estate(as of 04/22/08 )_$600,000.00* Liens on the real estate: 1. Real estate taxes as of $ 2. First Mortgage(principal & interest) as of 06/16/08 $369,438.23 3. Second Mortgage(principal & interest) as of 04/22/08 $81,390.00 4. Other(specify on separate exhibit) $(cost of sale) TOTAL LIENS ($510,836.23 ) APPARENT EQUITY AS OF 06/16/08 _$89,163.18 ** *Source: Sched. A (e.g. appraisal, tax bill/assessment, contract of sale, debtor s schedules, etc.) **If negative, insert zero(0). I certify under penalty of perjury that the foregoing is true and correct. Dated: June 24, 2008 /S/ MELISSA N. LICKER, ESQ.
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-2(c) FEIN, SUCH, KAHN & SHEPARD PC Counsellors at Law 7 Century Drive - Suite 201 Parsippany, New Jersey 07054 (973) 538-9300 IND406 In Re: IFEOMA EZEKWO Debtor. Case No.: 08-17247 DHS Adv. No.: Hearing Date: July 15, 2008 Judge: Honorable Judge Donald H. Steckroth CERTIFICATION RE POST PETITION PAYMENT HISTORY ON THE NOTE AND MORTGAGE DATED May 4, 2005 MELISSA N. LICKER, ESQ. of full age, employed as an attorney associated with the firm FEIN, SUCH, KAHN & SHEPARD, attorneys for the secured creditor INDYMAC BANK, F.S.B., hereby certifies the following information: Recorded on in County, in Book at Page Property Address: 3013 GRAND CONCOURSE, BRONX, NY 10468 Mortgage Holder: INDY MAC BANK Mortgagors/Debtors: IFEOMA EZEKWO
PAYMENTS (Petition filed on 04/22/08) Amount Due Date Payment Was Due How Payment Was Applied (Mo/Yr) Amount Received Date Payment Received Check or Money Order Number 1.$3,870.05 10/01/07 N/A $0.00 N/A N/A 2.$3,870.05 11/01/07 N/A $0.00 N/A N/A 3.$3,870.05 12/01/07 N/A $0.00 N/A N/A 4.$3,870.05 01/01/08 N/A $0.00 N/A N/A 5.$3,870.05 02/01/08 N/A $0.00 N/A N/A 6.$3,870.05 03/01/08 N/A $0.00 N/A N/A 7.$3,870.05 04/01/08 N/A $0.00 N/A N/A 8.$4,556.81 05/01/08 N/A $0.00 N/A N/A 9.$4,556.81 06/01/08 N/A $0.00 N/A N/A TOTAL [Continue on attached sheets if necessary] *MONTHLY PAYMENTS PAST DUE: 7 x $3,870.05 = $27,090.35 and 2 x $4,556.81 = $9,113.62 and 9 x $3,870.05 = $600.48 (MONTHLY PAYMENTS + LATE CHARGES) = $36,804.45 AS OF June 16, 2008 Each Monthly Payment is comprised of: (Attach sheets if payment amounts varies from figures set forth below) Principal + Interest...$3,336.13 City...$242.92 Hazard...$217.25 OS...$73.75 Late Charge...$66.72 Total...$3,936.77 (10/07-04/08) Principal + Interest...$3,336.13 City...$239.93 Lien...$50.92 Hazard...$217.25 OS...$712.58 Late Charge...$66.72 Total...$34,623.53 (05/08-06/08) If the monthly payment has changed during the pendency of the case, please explain (attach separate sheet(s) if necessary): I certify under penalty of perjury that the foregoing is true and correct. Dated: June 24, 2008 /S/ MELISSA N. LICKER, ESQ.