Motion To Strike Lis Pendens

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
______________________________________________
WELLS FARGO BANK, N.A. , AS TRUSTEE )
FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW )
HOME LOAN TRUST 2007-OPT1, ) Case number 11234-2009
ASSET BACKED CERTIFICATES SERIES )
)
Plaintiff )
) Notice of Motion to Strike
) Lis Pendens
-against- )
)
WILLIAM CARRINGTON )
)
Defendant )
)
______________________________________________)

PLEASE TAKE NOTICE that upon the attached document by William Carrington, for the Motion to

Strike Lis Pendens. A notice of Pendency was filed by Ronald Park on February 21, 2024. Plaintiff

Wells Fargo Bank, N.A., as Trustee for the certificate holders of the Soundview Home Loan Trust

2007-OPT1, and by their Attorneys against Defendant William Carrington, foreclosure action regarding

the subject property located at 497 Macon Street, Brooklyn, New York, 11233 will move this court,

located at 360 Adams Street, Brooklyn, NY 11201 on the date of April 16, 2024 at the time of 10:00

o'clock A.M. or as soon thereafter as counsel may be heard for an Order that the Notice Of Pendency be

stricken because the foreclosure judgment and sale was reversed.


SUPREME COURT OF THE STATE OF NEW YORK :
COUNTY OF KINGS :
:
WELLS FARGO BANK, N.A. AS TRUSTEE FOR :
THE CERTIFICATE HOLDERS OF :
THE SOUNDVIEW HOME LOAN 2007-OPT -1 :
ASSET BACKED CERTIFICATES TRUST :
:
Plaintiff : Index Number 11234-2009
v :
:
WILLIAM CARRINGTON :
:
Defendant :
_________________________________________x

MOTION TO STRIKE LIS PENDENS

COMES NOW William Carrington, pro se, and files this Motion to Strike Lis

Pendens (Doc 13) filed on February 21, 2024 by Ronald Park as follows:

• Due to the court's recent decision to dismiss the plaintiff's cross motion for summary

judgment the Defendant believes this dismissal reaffirms his position regarding the

issues at hand and provides substantial grounds for the removal of the lis pendens.

• Removing the lis pendens is crucial for the Defendant to resume regular activities

related to his property, and it aligns with the court's determination in dismissing the

summary judgment motion during the hearing on March 5, 2024.

• The appellate court ordered that the trial court's summary judgment for foreclosure

sale be reversed and Defendant awarded costs. (See Doc 32, Exhibit 14).

1
• Defendant also filed a judicial notice of adjudicative facts, explaining that Plaintiff

committed fraud on the court.

• A lis pendens is not proper or necessary at this point in litigation.

WHEREFORE

Defendant hereby requests the court to strike and remove the lis pendens (Doc 13)

which would be a fair and just resolution given the recent developments in the case.

Respectfully submitted,

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