PHH Mortgage Corporation v. Kelly-Castillo et al.

CourtDistrict Court, S.D. New York
DecidedApril 10, 2026
Docket7:26-cv-01363
StatusUnknown

This text of PHH Mortgage Corporation v. Kelly-Castillo et al. (PHH Mortgage Corporation v. Kelly-Castillo et al.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PHH Mortgage Corporation v. Kelly-Castillo et al., (S.D.N.Y. 2026).

Opinion

USDC SDNY DOCUMENT ELECTRONICALLY FILED MEMORANDUM ENDORSEMENT DOC #: 7:26-cv-1363-NSR DATE FILED: _ 4/10/2026 □ PHH Mortgage Corporation v. Kelly-Castillo et al. Pro se Defendant Idellia Kelly-Castillo (“Defendant”) submitted a motion to dismiss the Complaint on April 8, 2026. (ECF No. 23.) However, Defendant did not file the required pre- motion conference letter as mandated by this Court’s local rules. Given Defendant’s status as a pro se litigant, the Court waives the pre-motion conference requirement and establishes the following briefing schedule: 1. Plaintiff is directed to serve (not file) their opposition on May 11, 2026; 2. Defendant’s reply is to be served on June 10, 2026. All motion papers are to be filed by Plaintiff, including pro se Defendant’s reply papers, on the reply date, June 10, 2026. The parties are directed to mail two physical copies and Plaintiff is further directed to email an electronic copy to Chambers of each set of motion documents, including pro se Defendant’s reply, as they are served. The Clerk of Court is kindly directed to mail this Endorsement to pro se Defendant to the following address: 2330 Holland Avenue, Bronx, NY 10467. The Clerk of Court is also directed to add that address on the docket, and to designate this matter with the appropriate pro se label.

Dated: April 10, 2026 50 ORDERED: White Plains, NY PO°"“U Sap NELSON S. ROMAN United States District Judge

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ne □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ eennn nen ener PHH Mortgage Corporation Civil action No. 26-CV-01363 (NSR) Plaintiff NOTICE OF DEFENDANT’S MOTION Vv TO DISMISS PURSUANT TO RULE Idellia Kelly-Castillo 12 (B) (1), 12 (B) (3) & 12 (B) (6) New York City Parking Violations Bureau New York City Environmental Control Board New York City Transit Adjudication Bureau 2 “John Doe #1” through “John Doe #12,” the last twelve names being 5 □ fictitious and unknown to plaintiff, the persons or parties intended being ot □ the tenants, occupants, persons or Corporations, if any, having or claiming = □ □

an interest in or lien upon the subject property described in the complaint. □

Defendants

eee ee te ee nee ene neem catinmmmmenn PLEASE TAKE NOTICE that, upon the pleadings and the exhibits attached to the motion, defendant Idellia Kelly-Castillo move before the Hon. Nelson 8. Roman, United states District Judge at the United States Courthouse for the Southern District of New York, 40 Foley Square, New York, New York, at a date to be determined by this Court, for an order pursuant to Federal Rules of Civil Procedure 12 (b) (1), 12 (b) (3), and 12 (b) (6), dismissing all claims against defendant with prejudice in their entirety, sanction plaintiff and its attorney for their frivolous conduct, and awarding such other relief as the Court may deem just and proper.

Opposition papers shall be filed on or before May 7, 2026. Reply papers shall be filed on or before May 21, 2026.

Dated: Bronx, New York April 6, 2026

Respectfully Submitted

Pro Se Defendant Idellia Kelly-Castillo 2330 Holland Avenue Bronx, NY 10467 347-931-6935 To: □ Robertson, Anschutz, Schneid, Crane & Partners, PLLC 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675

pee nn □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ cent mumnenennnenenenn KR PHH Mortgage Corporation Civil action No. 26-CV-01363 (NSR) Plaintiff

Idellia Kelly-Castillo New York City Parking Violations Bureau New York City Environmental Control Board New York City Transit Adjudication Bureau “John Doe #1” through “John Doe #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or Corporations, if any, having or claiming an interest in or lien upon the subject property described in the complaint. Defendants cere nnn reece earn ne ee nnemennmmnenee nn seenenen

DEFENDANT’S RULE 12 (B) (1), 12 (B) (3) & 12 (B) (6) MOTION TO DISMISS Defendant Idellia Kelly-Castillo files this motion to dismiss plaintiff's PHH Mortgage Corporation’s foreclosure complaint under Federal Rules of Civil Procedure 12 (b) (1), 12 (b) (3), and 12 (b) (6), showing in support as follows:

PRELIMINARY STATEMENT Plaintiff PH Mortgage Corporation seeks to foreclose against defendant’s home in the Southern District of New York. The facts and evidence will show that plaintiff is foram shopping because PHH Mortgage predecessor, U.S. Bank Trust Company National association as Trustee brought two prior foreclosure actions against defendant in the Bronx County Supreme Court which were dismissed. Mortgage Corporation filed thirteen separate foreclosure actions against defendants in the Bronx County Supreme Court from January 1, 2025 to April 3, 2026 and most of those complaints were filed by the law firm of Robert, Anschutz, Schneid, Crane & Partners PLLC, formerly known as Ras Boriskin LLC. RAS Boriskin LLC, changed its name to Robert, Anschutz, Schneid, Crane & Partners PLLC, after its principal and founder Sara Z. Boriskin was sued in the case of Weaver v Boriskin. See the decision of the Second Circuit Court of Appeals in Weaver v Boriskin with docket No. 17- 3413. The facts and evidence in the case of Weaver v Boriskin shows that Boriskin executed three separate assignment of mortgages purporting to be assistant Secretary of MERS, while Boriskin

was manager of the foreclosure Department of the law firm of Berkman, Henoch, Peterson & Peddy, P.C., which were then submitted to the Courts te manufacture standing. Boriskin then sent lawyers who she managed to the Court to make false representations which procured decisions based upon fraud. The burden then shifts to the plaintiff to produce evidence of its own, If it does, the District Court must make findings of fact to decide standing. Plaintiff is trying to circumvent the defects in its predecessor case, U.S. Bank in State Court

.

STATEMENT OF FACTS On June 30, 2016 the law firm of Leopold & Associates, PLLC, initiated a foreclosure action against defendant on behalf of U.S. Bank National association as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KSL, in the Bronx County Supreme Court with index No. 32571/2016E. Exhibit A. Summons and first page of complaint in the case of U.S. Bank National association as Trustee v Idellia Kelly-Castillo with index No. 32571/2016E.

Defendant filed an answer with affirmative defenses and the Court dismissed the complaint. On February 26, 2024 the law firm of Aldridge Pite LLP, initiated a second foreclosure action against defendant on behalf of U.S. Bank National association as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KSI, in the Bronx County Supreme Court with index No, 803193/2024E. Exhibit B. Summons and first page of the complaint in the case of U.S. Bank National association as Trustee v Idellia Kelly-Castillo with index No. 803193/2024E,

On December 26, 2025 RAS Boriskin LLC, prepared an assignment of mortgage from U.S. Bank National association as Trustee to PHH Mortgage Corporation which was backdated to show the date of November 26, 2025 which was executed by Yanique Atkinson Edwards purporting to be Coordinator of U.S. Bank National association as Trustee. Exhibit C. Assignment of mortgage from U.S. Bank National association as Trustee to PHH Mortgage Corporation prepared by RAS Boriskin LLC, recorded and returned to RAS Legal Group which is a foreclosure facilitator located within the plaintiff's law firm.

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Bluebook (online)
PHH Mortgage Corporation v. Kelly-Castillo et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/phh-mortgage-corporation-v-kelly-castillo-et-al-nysd-2026.