d//a MICRO LEASING The Plaintiff submitted an Order to Show Cause on February 9, 2009 Justice.

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1 SHORT FORM ORDER SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Present: HON. RANDY SUE MARDER Justice. TRIAL/IAS PART 23 TERESA PURSOO - against- Plaintiff Index No. : /09 Motion Sequence... Motion Date...03/24/09 ASMIN NGALA-EL a/kla Y ASMIN NGALA individually And as the administrator of the Estate of AHMED ARSTIDE NGALA (a/a ARSTIDE NGALA), PATRICIA NGALA a/a PATRICIA FELTON NGALA BUCCAR NGALA a/kla BUK NGALA-EL and HAVEY WEISMAN d//a MICRO LEASING Defendants. Papers Submitted: Order to Show Cause... Supplemental Affidavit... The Plaintiff submitted an Order to Show Cause on February 9, 2009 requesting that this Court grant her a preliminary injunction enjoining the Defendants from sellng the premises known as 11 Greentree Circle, Westbury, New York (the Premises), pursuant to a Judgment of Foreclosure and Sale rendered in the action entitled Harvey

..03/24/09 ASMIN NGALA-EL a/kla Y ASMIN NGALA individually And as the administrator of the Estate of AHMED ARSTIDE NGALA (a/a ARSTIDE NGALA), PATRICIA NGALA a/a PATRICIA FELTON NGALA BUCCAR NGALA

2 Weisman d//a Micro Leasing vs. Teresa Pursoo, Ruben Pursoo, Index No. : /07 dated October , which was scheduled to take place on Februar 10, Upon the papers submitted as well as the oral argument ofthe Plaintiff s counsel, this Court declined to grant the preliminary injunction. The Plaintiff s Order to Show Cause further requests the following relief: 1) declaring null and void and cancellng the deed from the Plaintiff to Aristide Ngala; 2) declaring null and void and cancellng all subsequent deeds; and 3) ordering the Defendants to return to the Plaintiff a 1989 BMW. The Plaintiff, in her affidavit in support of her Order to Show Cause, sworn to on February , states that she and her husband obtained ownership of the premises on or about November 27, However, the abstract oftitle attached to the Plaintiffs Order to Show Cause as Exhibit A, indicates that only Reuben Pursoo acquired title on November 27, The abstract of title indicates that the Plaintiff acquired title by deed dated December 29, 1997, which was recorded in the County Clerk' s office on September The Plaintiff alleges that from September 1995 through January 2006 she allowed Aristide Ngala to handle all of her financial matters. She alleges that during this period Aristide Ngala fraudulently took her money, her house and her car. She alleges that Aristide Ngala failed to pay the real estate taxes on the premises from September 1995 through January 2006 as well as after her mortgage was paid in full. The Plaintiff states that upon receiving notice that the tax liens on the premises were purchased by Harey Weisman d//a Micro Leasing, which was sent to her in or about

The Plaintiff s Order to Show Cause further requests the following relief: 1) declaring null and void and cancellng the deed from the Plaintiff to Aristide Ngala; 2) declaring null and void and

3 November 2006, she went to Aristide Ngala, who she states told her he would "take care of it" The Plaintiff alleges that her house was fraudulently conveyed by Aristide Ngala to himself. The abstract of title indicates that the Plaintiff transferred title to the premises to Aristide Ngala by deed dated September and recorded on July By deed dated April 25, 2007 and recorded on May 23, 2007, Aristide Ngala transferred title to the premises to Equity Holding Corp, as Trustee for the Greentree Circle Trust. By deed dated December 3, 2007 and recorded on December 31, 2007, Equity Holding Corp, as Trustee for the Greentree Circle Trust, transferred title of the premises to Yasmin Ngala-El. The Plaintiff alleges that during their relationship, she allowed Aristide Ngala to use her car, a 1989 BMW, VIN #: WEAEC8415K The Plaintiff alleges that this car was in Aristide Ngala s possession when he died and she believes it is currently in the possession of members of his family. The Plaintiff s counsel, in his supplemental affidavit, sworn to on March , advises the Court that pursuant to the Judgment of Foreclosure and Sale in the foreclosure action under Index No. : 09143/07, the premises were sold on February 10, As such, the Plaintiff s attorney requests that this Court render a determination that the Plaintiff s rights are superior to those ofyasmin Ngala. Additionally, the Plaintiff s counsel requests that this Court grant the Plaintiff an order directing the Defendants, BUKHARI NGALA-, Y ASMIN NGALA and PATRICIA NGALA, to return her 1989 BMW. The

By deed dated April 25, 2007 and recorded on May 23, 2007, Aristide Ngala transferred title to the premises to Equity Holding Corp, as Trustee for the Greentree Circle Trust.

4 Plaintiffs counsel does not indicate an exact location of the vehicle nor is any proof of ownership provided. The Plaintiffwas a named defendant in the foreclosure action under Index No /07. The Plaintiff was served with the Summons and Complaint in the foreclosure action on June Instead of appearing therein, the Plaintiff alleges that she went to Aristide Ngala and relied on his assurances that he would handle the matter. No explanation is given as to why the Plaintiff did not appear in the foreclosure action and the Plaintiff was defaulted in the foreclosure action. No indication exists that the Plaintiff ever attempted to vacate her default or move in any maner in the foreclosure action. Real Propert Tax Law 1123 subsection 8. provides: In the event of failure to redeem or answer by any person having the right to redeem or answer, such person shall be in default and shall be barred and forever foreclosed from all his or her right, title and interest in and to the parcels described in such petition and a judgment in foreclosure may be taken by default as provided by this title. Real Propert Tax Law 1131 provides: In the event of failure to redeem or answer by any person having the right to redeem or answer, such person shall forever be bared and foreclosed of all right, title and interest and equity of redemption in and to the parcel in which the person has an interest and a judgment in foreclosure may be taken by default as provided by subdivision three of section eleven hundred thirt-six ofthis title. A motion to reopen any such default may not be brought later than one month after entry ofthe judgment.

Instead of appearing therein, the Plaintiff alleges that she went to Aristide Ngala and relied on his assurances that he would handle the matter.

5 Real Propert Tax Law ~ 1136 subsection 3. provides: The cour shall make a final judgment awarding to such tax district the possession of any parcel of real propert described in the petition of the foreclosure not redeemed as provided in this title and as to which no answer is interposed as provided herein. In addition thereto such judgment shall contain a direction to the enforcing officer of the tax district to prepare execute and cause to be recorded a deed conveying to such tax district full and complete title to such parcel. Upon the execution of such deed, the tax district the tax district shall be seized of an estate in fee simple absolute in such parcel and all persons, including the state, infants, incompetents, absentees and non-residents who may have had any right, title, interest, claim, lien or equity of redemption in or upon such parcel shall be barred and forever foreclosed of all such right, title, interest claim, lien or equity of redemption. The Plaintiff forfeited all of her right, title and interest in and to the parcel which is described in the in the foreclosure action under Index No. : 9143/07 as outlined above. Accordingly, the branches of the Plaintiffs Order to Show Cause seeking an order declaring null and void and cancellng the deed from the Plaintiff to Aristide Ngala; and 2) declaring null and void and cancellng all subsequent deeds, is DENIED. As stated above, the Plaintiff has failed to provide the Court with any competent evidence of ownership of the 1989 BMW she alleges the family of Aristide Ngala may have. This Court is unable to grant the Plaintiff an order allowing her to retrieve a vehicle she has failed to establish, with competent evidence, she owns. Accordingly, the branch of the Plaintiffs Order to Show Cause seeking an

title and as to which no answer is interposed as provided herein.

6 , is DENIED. order directing the Defendants to return to the Plaintiff a 1989 BMW All matters not decided herein are hereby DENIED. This constitutes the decision and order of this court. DATED: Mineola, New York April 20, 2008 Hon. andy Sue Marber ENTERED APR NASSAU COUNTY COUNTY CLERK' S OFfiCE

CHAPTER 32-19 FORECLOSURE OF REAL ESTATE MORTGAGES BY ACTION

CHAPTER 32-19 FORECLOSURE OF REAL ESTATE MORTGAGES BY ACTION 32-19-01. Action to foreclose mortgage on real estate authorized. The plaintiff shall bring an action in district court for the foreclosure