United States District Court, D. New Jersey
United States of America ex rel. VERA BOYKIN, Plaintiff,
MORGAN STANLEY CAPITAL HOLDINGS LLC, VINCENT G. RICIGLIAN, FV-1, INC. IN TRUST FOR MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, KML LAW GROUP, P.C., STERN, LAVINTHAL & FRANKENBERG, LLC, SEAN ADAMS, RICHARD ABEL, KRISTINA G. MURTHA, BERGEN COUNTY SHERIFF IN HIS INDIVIDUAL CAPACITY, Defendants.
MEMORANDUM AND ORDER
matter comes before the Court on an "Emergent Motion For
TRO/Stay Against the Execution of Writ of Possession."
(ECF no. 2) The motion indicates that it was served by mail.
A summons has issued, but there is no proof of service in
accordance with Fed.R.Civ.P. 4. No defendant has appeared.
following facts are gleaned from the Verified Complaint and
die state court papers attached to the complaint and motion.
The action relates to a mortgaged property at 220 West Hudson
Street, Englewood, New Jersey.
Preceding this action was a state court foreclosure action:
COUNTRYWIDE HOME LOANS SERVICING LP FOR THE BENEFIT OF HSBC
BANK USA, N.A. BY ITS ASSIGNEE HSBC BANK USA, N.A., Plaintiff
MIR A. KHAN; MRS. MIR A. KHAN, his wife; MORTGAGE ELECTRONIC
REGISTRATION SYSTEM, INC. AS NOMINEE FOR WMC MORTGAGE CORP.
and VERA BOYKIN, TENANT
Ct. N.J., Bergen County, Chancery Div., Docket No.
F-3805-08). The plaintiff here, Ms. Boykin, is identified in
the underlying foreclosure action as a tenant; the owner and
mortgagor of the property are identified as Mr. and Mrs. Mir
judgment of foreclosure was entered on June 9, 2015. On
August 12, 2016, pursuant to a writ of execution, the
property was sold at a sheriffs sale. The purchaser was FV-1,
Inc. In Trust for Morgan Stanley Mortgage Capital Holdings
November 20, 2017, a writ of possession issued in favor of
the new owner of the property, entitling it to gain
possession from Ms. Boykin, the Khans, and others. The
affidavit of service on Mr. Khan states that eviction is
scheduled for March 5, 2018. No specific date is given for
the eviction of Ms. Boykin.
Boykin's complaint and motion attach copies of UCC
Financing Statements that she has filed with the County
Clerk. These purport to create a lien against the property in
the amount of $100 million for a total in excess of $200
million. Ms. Boykin names herself as the "record
owner" of the real estate and "secured party."
She also seems to be asserting the rights of Mir A. Khan.
Named in the filings as Ms. Boykin's "debtors"
are HSBC Bank UA, N.A.; BAC Home Loans Servicing, LP; Mortage
Electronic Registration Systems Inc.; WMC Mortgage
Corporation; Toby Wells; Ronald Rooney; Keller Williams
Realty, Inc.; Armen Azarnia; Computer share Limited; and
Specialized Asset Management LLC.
fourfold standard for injunctive relief requires the
plaintiff to demonstrate
 that [s]he is likely to succeed on the merits,
 that [s]he is likely to suffer irreparable harm in the
absence of ...