On April 27, 2015 a
Miscellaneous
was filed
involving a dispute between
Anthium Llc,
Isanthes, Llc,
and
Alan Tuttle
As Heir At Law And Next Of Kin Of Russell Joseph Tuttle,
Joy Switzer
As Heir At Law And Next Of Kin Of Russell Tuttle,
Russell Tuttle Jr
As Heir At Law And Next Of Kin Of Joseph Russell Tuttle,
Timothy Tuttle
As Heir At Law And Next Of Kin Of Russell Joseph Tuttle,
Tracey S Tuttle,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of St. Lawrence County.
Preview
FILED: ST. LAWRENCE COUNTY CLERK 03/15/2022 03:44 INDEX
PM NO. EFCV-2015-0145681
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/15/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ST LAWRENCE
ISANTHES, LLC,
Plaintiff,
ORDER: lnstructions to
Foreclosure Referee
- against - lndex No. EFCV-201 5-0145681
IAS No. 44-1-2015-0537
ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN
OF RUSSELL JOSEPH TUTTLE; JOY SWITZER AS
HEIR AT LAW AND NEXT OF KIN OF RUSSELL
JOSEPH TUTTLE; RUSSELL TUTTLE, JR. AS HEIR
AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH
TUTTLE; TIMOTHY TUTTLE AS HEIR AT LAW AND
NEXT OF KIN OF RUSSELL JOSEPH TUTTLE;
TRACEY S. TUTTLE,
Defendants.
A Judgment of Foreclosure having been signed by the Court on
March 14, 2022, together with Court-approved and countersigned Terms of Sale, the
Cou rt-appointed Foreclosure Referee is hereby
ORDERED to complete and secure all signatures on the 'Foreclosure
Action Surplus Monies Form' (attached hereto) and file the original form with the
St. Lawrence County Clerk's office and submit a filed copy of the form to this Court's
Chambers within thirty (30) days after the foreclosure sale; and, to advise the Court's
Chambers, lN WRITING, of the Foreclosure Sale date as well as any adjournments
and/or cancellations; and it is hereby
ORDERED that this matter is scheduled for a conference on:
DATE: Wednesday, June 22, 2022
TIME: 9:30 a.m.
PLACE: St. Lawrence County Courthouse, 48 Court Street, Canton,
New York 13617
for purposes of determining whether the sale has occurred; the outcome; to assure that
Mary M. Farley, J.S-C.
NY
Canion, r3617
1 of 4
FILED: ST. LAWRENCE COUNTY CLERK 03/15/2022 03:44 INDEX
PM NO. EFCV-2015-0145681
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/15/2022
lsanthes, LLC v. Tuttle, et al. Page 2
any surplus monies resulting from the sale have been timely deposited with the
St. Lawrence County Treasurer; and, to make any such further Orders as necessary.
This Court-ordered conference date may be avoided if the Court's Chambers is
provided with a copy of the filed Referee's Report of Sale demonstrating the sale has
taken place and no surplus monies exist.
SO ORDERED
DATED: March 14, 2022, at Chambers, Ca New York.
L
MARY FA EY, c
ENTER:
Mary M. Farl6y, J.S.C.
NY
Canton, 13617
2 of 4
FILED: ST. LAWRENCE COUNTY CLERK 03/15/2022 03:44 INDEX
PM NO. EFCV-2015-0145681
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/15/2022
TO BE COMPLETED FOR EVERY SALE BY COURT APPOINTED REFEREE
AND FILED WITH COUNTY CLERK AND CHAMBERS WITHIN 30 DAYS OF SALE
FORECLOSURE ACTION SURPLUS MONIES FORM
SUPREME COURT OF THE STATE OF NEW YORK
ST. LAWRENCE COUNTY
ISANTHES, LLC,
Plaintiff, MARY M. FARLEY, J,S.C.
- against - lndex No. EFCV-2O1 5-0145681
IAS No. 44-1-2015-0537
ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF
RUSSELL JOSEPH TUTTLE; JOY SWITZER AS HEIR AT
LAWAND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE;
RUSSELL TUTTLE, JR. AS HEIR AT LAWAND NEXT OF
KIN OF RUSSELL JOSEPH TUTTLE; TIMOTHY TUTTLE
AS HEIR AT LAWAND NEXT OF KIN OF RUSSELL JOSEPH
TUTTLE; TRACEY S. TUTTLE,
Defendants.
Property Address:
Sale date
A. Were there surplus funds? Yes No
B. To be comoleted bv the Referee
Amount of final judgment of foreclosure $
Sale price of property $
Upset price $
Surplus amount
C. To be completed bv Referee conductino the sale (olease orint)
Name: Telephone:
Address
E-mail Address:
Signature and Date:
D. To be completed bv Plaintiff's E. To be comoleted bv Purchaser
Representative
Name (please print) Name (please print)
Address Address:
E-mail Address: E-mail Address:
Telephone: Telephone:
Signature and Date Signature and Date:
Did TOTAL referee fees earned in this matter .100.00?
exceed $1 Yes No
lf Yes, total amount received
3 of 4
FILED: ST. LAWRENCE COUNTY CLERK 03/15/2022 03:44 INDEX
PM NO. EFCV-2015-0145681
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/15/2022
Page 2
"E.FILED CASES MUST BE FILED TO NYSCEF AS A'FORECLOSURE ACTION SURPLUS MONIES FORM'
INSTRUCTIONS TO REFEREE
AND CHAMBERS
The Referee will complete the attached form and secure the signature of the
Plaintiff's representative and purchaser or purchaser's representative.
The form will include the following information case caption; name; address and
telephone number of the Referee, the Plaintiff's representative and the
purchaser; sale price; and upset price. The form must be signed by the
Referee, the Plaintiff's representative and the purchaser of the foreclosed
property.
The Referee will deliver, within 30 days after the auction, the completed, signed
form to the County Clerk. The Referee will also send a completed copy to the
Chambers of the Justice who signed the Judgment of Foreclosure. Chambers
staff for the Judge, Court Attorney-Referee or JHO who signed the Judgment of
Foreclosure and Sale shall verify compliance.
All foreclosure cases will be calendared, no later than six months after the
Judgment has been signed, before the Judge who appointed the Referee (or
before a Court Attorney-Referee or a JHO). This is to determine whether the
sale as ordered has occurred, the outcome, and to make such further orders as
necessary.
4 of 4
Document Filed Date
March 15, 2022
Case Filing Date
April 27, 2015
Category
Real Property - Mortgage Foreclosure - Residential
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: ST. LAWRENCE COUNTY CLERK 03/15/2022 03:44 INDEX PM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/15/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ST LAWRENCE ISANTHES, LLC, Plaintiff, ORDER: lnstructions to Foreclosure Referee - against - lndex No. EFCV-201 5-0145681 IAS No. 44-1-2015-0537 ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE; JOY SWITZER AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE; RUSSELL TUTTLE, JR. AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE; TIMOTHY TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE; TRACEY S. TUTTLE, Defendants. A Judgment of Foreclosure having been signed by the Court on March 14, 2022, together with Court-approved and countersigned Terms of Sale, the Cou rt-appointed Foreclosure Referee is hereby ORDERED to complete and secure all signatures on the 'Foreclosure Action Surplus Monies Form' (attached hereto) and file the original form with the St. Lawrence County Clerk's office and submit a filed copy of the form to this Court's Chambers within thirty (30) days after the foreclosure sale; and, to advise the Court's Chambers, lN WRITING, of the Foreclosure Sale date as well as any adjournments and/or cancellations; and it is hereby ORDERED that this matter is scheduled for a conference on: DATE: Wednesday, June 22, 2022 TIME: 9:30 a.m. PLACE: St. Lawrence County Courthouse, 48 Court Street, Canton, New York 13617 for purposes of determining whether the sale has occurred; the outcome; to assure that Mary M. Farley, J.S-C. NY Canion, r3617 1 of 4 FILED: ST. LAWRENCE COUNTY CLERK 03/15/2022 03:44 INDEX PM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/15/2022 lsanthes, LLC v. Tuttle, et al. Page 2 any surplus monies resulting from the sale have been timely deposited with the St. Lawrence County Treasurer; and, to make any such further Orders as necessary. This Court-ordered conference date may be avoided if the Court's Chambers is provided with a copy of the filed Referee's Report of Sale demonstrating the sale has taken place and no surplus monies exist. SO ORDERED DATED: March 14, 2022, at Chambers, Ca New York. L MARY FA EY, c ENTER: Mary M. Farl6y, J.S.C. NY Canton, 13617 2 of 4 FILED: ST. LAWRENCE COUNTY CLERK 03/15/2022 03:44 INDEX PM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/15/2022 TO BE COMPLETED FOR EVERY SALE BY COURT APPOINTED REFEREE AND FILED WITH COUNTY CLERK AND CHAMBERS WITHIN 30 DAYS OF SALE FORECLOSURE ACTION SURPLUS MONIES FORM SUPREME COURT OF THE STATE OF NEW YORK ST. LAWRENCE COUNTY ISANTHES, LLC, Plaintiff, MARY M. FARLEY, J,S.C. - against - lndex No. EFCV-2O1 5-0145681 IAS No. 44-1-2015-0537 ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE; JOY SWITZER AS HEIR AT LAWAND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE; RUSSELL TUTTLE, JR. AS HEIR AT LAWAND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE; TIMOTHY TUTTLE AS HEIR AT LAWAND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE; TRACEY S. TUTTLE, Defendants. Property Address: Sale date A. Were there surplus funds? Yes No B. To be comoleted bv the Referee Amount of final judgment of foreclosure $ Sale price of property $ Upset price $ Surplus amount C. To be completed bv Referee conductino the sale (olease orint) Name: Telephone: Address E-mail Address: Signature and Date: D. To be completed bv Plaintiff's E. To be comoleted bv Purchaser Representative Name (please print) Name (please print) Address Address: E-mail Address: E-mail Address: Telephone: Telephone: Signature and Date Signature and Date: Did TOTAL referee fees earned in this matter .100.00? exceed $1 Yes No lf Yes, total amount received 3 of 4 FILED: ST. LAWRENCE COUNTY CLERK 03/15/2022 03:44 INDEX PM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/15/2022 Page 2 "E.FILED CASES MUST BE FILED TO NYSCEF AS A'FORECLOSURE ACTION SURPLUS MONIES FORM' INSTRUCTIONS TO REFEREE AND CHAMBERS The Referee will complete the attached form and secure the signature of the Plaintiff's representative and purchaser or purchaser's representative. The form will include the following information case caption; name; address and telephone number of the Referee, the Plaintiff's representative and the purchaser; sale price; and upset price. The form must be signed by the Referee, the Plaintiff's representative and the purchaser of the foreclosed property. The Referee will deliver, within 30 days after the auction, the completed, signed form to the County Clerk. The Referee will also send a completed copy to the Chambers of the Justice who signed the Judgment of Foreclosure. Chambers staff for the Judge, Court Attorney-Referee or JHO who signed the Judgment of Foreclosure and Sale shall verify compliance. All foreclosure cases will be calendared, no later than six months after the Judgment has been signed, before the Judge who appointed the Referee (or before a Court Attorney-Referee or a JHO). This is to determine whether the sale as ordered has occurred, the outcome, and to make such further orders as necessary. 4 of 4