Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 395

Filed 05/27/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: MAY 25, 2004 DEFENDANTS EXPEDITED MOTION TO ENJOIN PLAINTIFF TO RELEASE LIS PENDENCE OFF DEFENDANTS DAUGHTER S REAL ESTATE PROPERTY

Defendants Mostafa Reyad and Wafa Reyad hereby respectfully move this Court to Enjoin Plaintiff to release the Lis Pendence off the real estate property located at 1452-1454 River Road, Edgewater, New Jersey owned by Defendants daughter Dina R. Abousabe. Although the said lis pendence is against the name of Wafa Reyad, and the owner s name is Dina R. Abousabe; it clouds the title and precluding the sale of the said real estate. Indeed, the lis pendence was Ordered by the U.S. District Court of New Jersey pursuant to the exact duplicate action of the instant action. New Jersey action is in a stay status pending final resolution of this action, affirmed by the decision of the Third Circuit. Thus, there is no way to Defendant to apply to the District of New Jersey.

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Case 3:00-cv-00835-CFD

Document 395

Filed 05/27/2004

Page 2 of 3

The extraordinary circumstances due to the illness of our Daughter necessitates expedited consideration, more specifically, that our daughter will be confined in the hospital as of June 1, 2004.

CONCLUSION

The Honorable Court should Grant this motion, and enjoin Plaintiff to release the lis pendence issued against Defendants off the property located at 1452-1454 River Road, Edgewater, New Jersey owned by Defendants daughter Dina R. Abousabe.

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Case 3:00-cv-00835-CFD

Document 395

Filed 05/27/2004

Page 3 of 3

By: Mostafa Reyad 2077 Center Ave # 22D Fort Lee, NJ 07024 Day Phone 203-325-4100 Home Phone 201-585-0562

By: Wafa Reyad 2077 Center Ave # 22D Fort Lee, NJ 07024 Home Phone 201-585-0562

CERTIFICATE OF SERVICE

The undersigned certifies that he mailed on the captioned date a true and correct copy to Attorney David Schaefer at 271 Whitney Avenue, New Haven, CT 06511.

Mostafa Reyad

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