Preview
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
__________..-----------.._____________.._____________..____________-.....--------
TRUSTCO BANK NOTICE OF ENTRY
Plaintiff
- against - INDEX NO.: EF2021-
269048
ANNE M. KUROLY; and CATHERINE A. SCHWABE
MORTGAGEDPROPERTY:
Defendant(s) 11 Rhode Island Ave
--------------------------------------------------------------------------- NY 12144
Rensselaer,
COUNTY: Rensselaer
SBL #: 155.9-15-10
Please take notice that the within is a true copy of the Order Confirming Referee
Report and Judgment of Poreclosure and Sale duly filed with the Clerk of Rensselaer
County on May 17, 2022.
Dated: May 17, 2022
Melissa M. Tobrocke, Esq.
OVERTON, RUSSELL,DOERR & DONOVAN LLP
19 Executive Park Drive
Clifton Park NY 12065
(518) 383-4000
To:
Anne M. Kuroly Catherine Schwabe
31"
271 Larson Road 13205 Ave SE
Silver Creek, WA 98585 Mill Creek, WA 98012
Anne& Schwabe,CatherineWotice
FMSDOCSlLINDA\FORECLOSURES\TRUSTCOTKuroly. of Entry.doc
1 of 11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC . NO. 67 RECEIVED NYSCEF: 05/17/2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
At Part of th Supreme urt held in
the County of |?etWE C . atthe
Courth se thereof, on the / day
of , 2022,
PRESENT: HON, PATRICK J. MCGRATH
JUSTICE OF THE SUPREME COURT
SUPREME COURT ÓF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
.. |NDEX NO;: EF2021-
TRUSTCO BANK 269048
Plaintiff ORDER CONFIRMING
REFEREE REPORT AND
- against - JUDGMENT QF
FOREÇhOSURE AND
ANNE M. KUROLY; and CATHERINE A. SCHWABE BALE
Defendant(s) MORTGAGED PROPERTY:
..-..-...----..;,.......------..--.·····--------------- 11 Rhode Island Ave
Rensselaer, NY 12144
COUNTY: Rensselaer
SBL #: 155.9-15-10
UPON the Summons, Compla|nt, and Notice of Pendency filedin this action on the 10th
day of June, 2021, the Notice of Motion dated March 10, 2022, the affirmation by Melissa M.
Tobrooke, the Affldavit of Merit and Amount Due by Scot Salvador, who is the Executive Vice
President of Trustco Bank duly sworn to on October 25, 2021, together with Exhibits annexed
thereto, allin support of Plaintiff's Motion for a Judgment of Foreclosure and Sale; and
UPON proof that each of the defendants herein has been duly served with the Summons
and Complaint in this action, and has not served any answer to the Complaint or otherwise
appeared, nor had their time to do so extended; and itappearing that more than the legally
required number of days has elapsed since Defendants ANNE M. KUROLY; and CATHERINE
A; SCHWABE were so served and/or appeared; and Plaintiff having established to the court's
satisfaction that a Judgment against Defendants iswarranted; and
UPON the affldavit of malling reflecting complianc w th CPLR 3215(g)(3)(111); and
Annea sonwsbe,CathednoiCONFIRM-FRM
FMSDOCSit.lNDA\FOREOt.OSURINRTRUSTootKutoy, NEW201Bafoc
21 nf
of 1A
11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO . 67 RECEIVED NYSCE F: 05/17/2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
UPON proof that non-appearing Defendants ANNE M. KUROLY; and CATHERINE A.
SOHWABE are not absent, In accordance with RPAPL §1821(2); and
A Referee having been appointed to compute the amount due to Plaintiff u pon the
bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged
property can be sold in parcels; and
UPON reading and flilng the Report of Doris J. Kuliman, Esq. dated March 3, 2022,
showing the sums of $76,807.99 and $7,485.08 due as of October 20, 2021 and that the
mortgaged property may not be sold In parcels; and
UPON proof of due notice of this motion upon allparties entitled to receive same, and
upon allthe prior proceedings and papers filed hereln;
NOW, on motion bylinda L. Donovan, attorney for the It
Plaintiff, is hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and It is
further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same ls,
hereby In allrespects ratified and confirmed; and ItIs further
ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the
Complaint and as hereafter described, or such part thereof as may be sufficient to discharge the
mortgaged debt, the expenses of the sale, and the costs of this action as provided the
by
RPAPL be sold, within 90 days within the date of this Judgment, in one parcel, at a public
auction at the Rensselaer County Courthouse, Troy, New York and under the direction of
by
Doris J. Kullman, Esq. 149 Morris Road, East Greenbush, NY 12061-3612 who Is hereby
appo|nted Referee for that purpose; that said Referee give public notice of the time and place of ·
sale in accordance with RPAPL §231 In 00 $2000 : and It isfurther .
ORDERED, ADJUDGED AND DECREE that by accepting this appointment, the
Referee certifies that he/she Js in compliance with Part 36 of the Rules of the Chief Judge (22
NYCRR Part 36) including, but not limited to §S6.2 (c) ("Disqualifications from appointment")
and §36.2(d) ("Limitations on appointments based upon compensation"); and, Ifthe Referee is
FAÃSDOC6\UNDA Anne& Schwabs,
FORECLOSL1RES\TRUSTCOWuroin cathedne0ONF1RM-FRM
NEW2018499
9
3 nf
of TA
11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 67 RECEIVF D NYSCEF: 05/17/2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
disqualifled from receiving an appointment pursuant to the provisions of that Rule, the Referee
shall immediately notify the Appointing Judge; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee Is prohibited from accepting
or retaining any funds for h|mself/herself or paying funds to himself without compliance with Part
36 of the Rules of the Chief Administrative Judge; and itis further
. .
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure
sale only ifPlaintiff, Itssuccessors and/or assignees, or its representative is present at the sale
or the Referee has recelved a written bid and Terms of Sale from itssuccessors and/or
Plaintiff,
assigns, or its representative; and itis.further
ORDERED, ADJUDGED AND DEOREED that ifthe Referee does not conduct the sale
within 90 days of the date of Judgment, in accordance with the tirne fixed
CPLR.2004, by
RPAPL §i351(1) is extended for the Referee to conduct the sale as soon as reasonably
practicabie; and itis further
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall
accept a written bid from the p[alntiffor the plaintiff's just as though Pla|ntiff were
attomey,
physically present to submit said bid; and itis further
ORDERED, ADJUDGED AND DEOREED that the Referee shall accept the highest bid
offered by a bidder who shall be identified upon the court and shall require that the
record,
successful bidder immediately execute Terms of Sale for the purchase of the and
property, pay
to the Referee, in cash or certified or bank check, ten percent of the sum unless the
(10%) bid,
soccessful bidder Is the.plaintiff, in which case no deposit against the purchase price shall be
required; and itis further
ORDERED, ADJUDGED AND DECREED that, In the event the first successful bidder
failsto execute the Terrns of Sale the upon the subject or
immediately following b|dding property
fails to immediately pay the ten percent deposit as the shall
(10%) requ|red, property
. and on the same be reoffered at and Itis further
immediately day auction;
CRD /0LO6tt /NO DEctEED
FAASDOCS1UNDWOREC OSURE8\TR TCOWWely,Anosa S$wAbe,CalhofineEONFIRMfaMNEW2018.doo
4 of 11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. No. 67 . RECEIVED NYSCEF: 05/17/2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down .
payment and proceeds of sale, as necessary, Ind J A0AM n s/her own
name as Referee, In accordance with CPLR 2609; and itis rther
ORDERED, ADJUDGED AND DECREED that after the property Is sold, the Referee
shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terins of sale,
which shall be deemed a binding contract; and itis further
ORDERED, ADJUDGED AND DECREED that, In the event a party other than the
Plaintiff becomes the purchaser at the sale, the closing of titleshall be held no later than 30 days
after the date of such sale unless otherwise stipulated by all parties to the sale; and itIs further
ORDERED, ADJUDGED AND DECREED that, if Plaintiff(or its affiliate,as defined in
paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party
shall place the property back on the market for sale or other occupancy:·(a) within 180 days of
the.execution of the deed of sale, or (b) within 90 days of completion of cor istruction, renovation,
or rehabilitation of the property, provided that such construction, renovation, or rehabilitation
proceeded diligently to completion, whichever comes first,provided however, that a court of
competent jurisdiction may grant an extension for good cause; and It is
further
ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds of
such sale, shall forthwith pay therefrom, in accordance with their priority accordin g to law, all
taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the
property at the time of sale, with such Interest or penalties which may have lawfully accrued
thereon to the date of payment; and ItIs further
ORDERED, ADJUDGED AND DECREED, that.the Referee then deposit the balance of
said pn>ceeds of sale In her/his own name as Referee IndL a u d itbuAA tlA . a
shall thereafter make the following payments In accordance w h RPA §1854, as follows:
FIRST: the Referee's statutory fees for conduct the sale, in accordance
with CPLR 8003(b), $750,00 u se property sells for
$50,000.00 or more [or In the event a sale was cancelled or postponed, Plaintiff
e:wsoocamoronect.osunsarnuarcommy,an.amamiacan-anecourmusnesswatavoe
5 of 11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC . NO . 67 RECEIVED NYSCEF: 05 /17 /2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
shall compensate the Referee In the sum of $ for each
adjoumment or cancellation, unless the Referee.caused the delay
SECOND: Alltaxes, assessments, and water rates that are liens upon the
property and monies necessary to redeem the from sales for unpaid
property any
. taxes, assessments, or water rates that have not become and other
absolute, any
amounts due in accordance with RPAPL §1354(2). Purchaser shall . be
responsible for interest and penalties due on real taxes
any property accruing
after the sale. The Referee shall not be responsible for the payment of penalties
or fees pursuant to this appointment, The Purchaser shall hold the Referee
harmless from such any penalties or fees assessed;
THIRD: The expenses of the sale and the expenses as shown
advertising
on the bills present and certified said Referee to be duplicate copies of
by correct,
which shall be annexed to the report of sale;
. .
FOURTH: The Referee shal@ then to the Plaintiff or its the
pay attorney
following:
Amount Due per Referee s Report: $7 ,80 and $7,485.00 with interest
.99 at the note
rate from October 21, 2021 until ther with ances as
any provided for
In the note and mortgage which la ntiffh ad for ins
taxes, ce, incipal, and interest,
ahd any other charges due to prior mortgages or to maintain the property pending
consummailon of this foreclosure sale, not Included in the
previously computation, upon
presentation of receipts for said expenditures to the all together with Interest
Referee, thereon
pursuant to the note and mortgage, and then with interest from the date of entry of thisjudgment
at the statutory rate until the date the deed is transferred;
Costs and Disbursements: $ t)6 a judged to the Plaintifffor costs and
disbursements In this action (as taxed or calculated the Clerk and inserted
by herein), with
interest at the statutory Judgment rate from the date of of this
entry judgment; .
FMBDOCStlNDA\FORECLOSURESITRUBTCCEuroly,Anne
& Schwabe,
Oatherinu\OONFIRM-FRMNEW
2010,don
6 nf
of 1A
11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 05/17 /2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
Additional Allowance: is hereby awarded to Plaintiffin addition to
costs, with interest at the statutory judgment rate from the date of of this judgment,
entry
pursuant to CPLR Article 83;
Attomey Fees: $ is hereby awarded to Plaintiffas reasonable
legal fees herein, with interest at the rate from the date of entry f udgme
statutory
FIFTH: Surplus monies arising from the sale shall be paid intomolurt the office
conducting the sale within five days after receipt In accordance with RPAPL and In
§1354(4)
accordanc.e with local County rules regarding Surplus Monfes; and itIs further
ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the
property, or in the event that the rights of the purchasers at such sale and the terms of sale
under this Judgment shall be assigned to and be acquired the and a valid assignment
by Plaintiff,
thereof is filed with said Referee, said Referee shall not require Plaintiff to in cash the entire
pay
amount bid at said sale, but shall execute and deliver to the Plaintiffor Its a deed or
assignee,
deeds of the property sold upon the payment to said Referee of the amounts specified In Items
"First,""Second," "Third"
marked and above; that the Referee shall allow the Ó3laintiffto the
pay
"Second" "Third"
amounts specified In and above when itis the that the balance
recording deed;
of the bld, after the deducting the amounts paid the shall be applied to the
by Plaintiff, amount
"Fourth"
due Plaintiff as specified In paragraph above; that Plaintiffshall surplus after
pay any
applylIg the balance of the bid to the Referee, who shall deposit itin accordance with paragraph
"Effth"
above; and Itis further .
ORDERED, ADJUDGED AND DECREED·that all expenses of the Referee's
recording
deed, including real property transfer tax, which Is not a lien upon the at the time of
property
sale, shall be paid by the purchaser, not by the Referee from sale and that
proceeds, any
transfer tax shall be paid in accordance with Tax Law §1404; and Itisfurther
ORDERED, ADJUDGED AND DRECEED that if the sale proceeds distributed in
"First" "Second," "Third," "Fourth"
accordance with paragraphs and about are insufficient to pay
Plaintiffthe Amount Due per the "Fouhh"
Referee's Report as set forth in paragraph above,
Am1sa Schwabo,
FAASDOCSit.|NDMORECLOSURES\TRUBTCOWuroly, F•
CatheritieECN
RMRMNEW 2010.doo
f'
A m 1 (1
7 of 11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 67 5 RECEIVED NYSCEF: 05/17/2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
Plaintiff may seek to recover a deficiency judgment against CATHERINE A, SCHWABE in
accordance with RPAPL $1371 ifpermitted by law; and itis further
ORDERED, ADJUDGED AND DECREED that the mortgaged Is to be sold In
property
is"
one parcel in "as physical.order and condition, subject to condition that an Inspection of
any
the property would disclose; any facts that an accurate of the would show;
survey property any
covenants, restrict|ons, declarations, reservations, easements, right of way, and public utility
agreements of record, Ifany; any building and zoning ordinances of the in which the
municipality
mortgaged property is located and possible violations of same; rights of tenants or-persons
any
in possession of the subject propertyl prior liens of record, ifany, except those IIens addressed
in RPAPL §i354; any equity of redemption of the United States öf America to redeem the
property with 120 days from the date of sale; and any rights pursuant to CPLR 317, 2003, and
5015, or any appeal of the underlying action or additional litigationbrought defendant or
by any
Itssuccessor or assignee contesting the validityof this foreclosure; and itIs f urther
ORDERED; ADJUDGED AND DECREED that the Defendants In this action and all
persons claiming through them and any person an Interest Irrthe after the
obtaining property
filing of the Notice of Pendency are barred and foreclosed of all right, claim, and
lien, title,
interest in the property after the sale of the mortgaged property; and Itis further
ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale
and executing the property conveyance to the purchaser, unless the time is extended the
by
court, the officer making the sale shall fliewith the clerR a report under oath of the dispositlan of
the proceeds of the sale in accordance with RPAPL and follow all tocal rules
§1355(1) County
regarding handling of Sumlus Monles; and Itisfurther
ORDERED, ADJUDGED AND DECREED that ifthe purchaser or purchasers at sald
sale default(s) upon the bid and/or the terms of sale the Referee place the for
may property
resale without prior application to the Court unless Plaintiff'sattorneys shall elect to make such
application; and itis further
FMSDOCSUNDA\FORECLOSURES\TRUSTCOWuroly.
Anna& Schwabs,Cghednel0ONFlRM-FaM
NEW2018.doo
8 of 11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 05/17/2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this
Judgment with Notice of Entry upon the owner of the of redemptiorh tenants named In
equity any
this action, and any other parties or persons entitled to service, the Referee appointed
Including
herein; and Itis further
ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve -
Plaintiff of any obligation Imposed by RPAPL §1307 and RPAPL §1308 to secure ar d rnaintain
the property until such time as ownership of the has been transferred and the dead
property duly
recorded; and itle further
ORDIiiRED, ADJUDGED AND DECREED that, when the Referee flies a report of sale,
he/she shall concurrently file a Foreciosure Actions Surplus Monles Form; and itis further
ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff
shall filea written report with the court within six months from the date of of this judgment
entry
stating whether the sale has occurred and the outcome thereof.
Said property is commonly known as 11 Rhode Island Ave, New
Rensselaer, York,
12144,
The legal description of the mortgaged referred to herein is annexed hereto as
property
Schedule A.
DATED:
EN .
HON. PATRICK J. MCGRATH
J.S.C.
FAA$DOCSUNDAlFORECLOSURES\TRUSTCOiKurely,Anne
& Schwaba,CatherbaiOONFIRM-FBMNEW2018.doo
A
9 nF
of 1A
11
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 67 . RECEIVED NYSCEF: 05/17/2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
AND NOTWITHSTANDING ANY PROVISION OF THIS JUDGMENT TO THE
CONTRARY, IT IS FURTHER
ORDERED, that the Referee shall contplete the Foreclosure Action Surplus Moneys Form,
in the f'orm approved the Chie f Adyninistrative Jud ge, available at
by
http://www.nycourts.gov/FORMS/SurplusMoniesFormFillable.pdf; and shall file the original form
simultaneous with the of the Referee's deed with the Clerk, with a copy to be
recording County
provided within 15 days of to the Court and the Chief Fiscal Officer; and itis further
filing County
ORDERED, thatthe County Clerk isdirected tö not accept for recording the Referee's Deed
unless accompanied by an original completed Foreclosure Action Surplus Moneys Form; and itis
further
ORDERED that this matter is scheduled for a Report to the Court, which shall be made by
the Referee.six (6) nionths from the date of this Judgment, confirming whether the sale as ordered ..
has occurred, the outcome of the sale,.and that any surplus moneys resulting fromthe sale have been
deposited with the CleUk of the Court as directed in this·Judgment. The Report to the Court is
otherwise satisfied by the Referee's fliing of the Foreclosure. Action Surplus Moneys Forrn
demonstrating that the sale as ordered has occurred and either no surplus moneys exist or the surplus
rnoneós have been deposited with the Court Clerk. .
Dated:
ENTER:
ON. P C J. 12 RATH
JUSTICE OF T PREMB COURT .
nf·
Q
10 of 'I 11
A
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 05/17/2022
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022
"A"
SCHEDULE
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of East
Greenbush, County of Rensselaer and State of New York, known as Lots numbers
three hundred twenty-four and three hundred twenty-five (324 and 325) on.a map of
Clinton Park made for Corliss Realty, Inc. by E.H. Welles, Surveyor, and filed in the
Rensselaer County Clerk's Office June 21, 1926, reference to which map is hereby
made for a more particular description thereof.
10 mf 1A
11 of 11
Preview
FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER __________..-----------.._____________.._____________..____________-.....-------- TRUSTCO BANK NOTICE OF ENTRY Plaintiff - against - INDEX NO.: EF2021- 269048 ANNE M. KUROLY; and CATHERINE A. SCHWABE MORTGAGEDPROPERTY: Defendant(s) 11 Rhode Island Ave --------------------------------------------------------------------------- NY 12144 Rensselaer, COUNTY: Rensselaer SBL #: 155.9-15-10 Please take notice that the within is a true copy of the Order Confirming Referee Report and Judgment of Poreclosure and Sale duly filed with the Clerk of Rensselaer County on May 17, 2022. Dated: May 17, 2022 Melissa M. Tobrocke, Esq. OVERTON, RUSSELL,DOERR & DONOVAN LLP 19 Executive Park Drive Clifton Park NY 12065 (518) 383-4000 To: Anne M. Kuroly Catherine Schwabe 31" 271 Larson Road 13205 Ave SE Silver Creek, WA 98585 Mill Creek, WA 98012 Anne& Schwabe,CatherineWotice FMSDOCSlLINDA\FORECLOSURES\TRUSTCOTKuroly. of Entry.doc 1 of 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC . NO. 67 RECEIVED NYSCEF: 05/17/2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 At Part of th Supreme urt held in the County of |?etWE C . atthe Courth se thereof, on the / day of , 2022, PRESENT: HON, PATRICK J. MCGRATH JUSTICE OF THE SUPREME COURT SUPREME COURT ÓF THE STATE OF NEW YORK COUNTY OF RENSSELAER .. |NDEX NO;: EF2021- TRUSTCO BANK 269048 Plaintiff ORDER CONFIRMING REFEREE REPORT AND - against - JUDGMENT QF FOREÇhOSURE AND ANNE M. KUROLY; and CATHERINE A. SCHWABE BALE Defendant(s) MORTGAGED PROPERTY: ..-..-...----..;,.......------..--.·····--------------- 11 Rhode Island Ave Rensselaer, NY 12144 COUNTY: Rensselaer SBL #: 155.9-15-10 UPON the Summons, Compla|nt, and Notice of Pendency filedin this action on the 10th day of June, 2021, the Notice of Motion dated March 10, 2022, the affirmation by Melissa M. Tobrooke, the Affldavit of Merit and Amount Due by Scot Salvador, who is the Executive Vice President of Trustco Bank duly sworn to on October 25, 2021, together with Exhibits annexed thereto, allin support of Plaintiff's Motion for a Judgment of Foreclosure and Sale; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and has not served any answer to the Complaint or otherwise appeared, nor had their time to do so extended; and itappearing that more than the legally required number of days has elapsed since Defendants ANNE M. KUROLY; and CATHERINE A; SCHWABE were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a Judgment against Defendants iswarranted; and UPON the affldavit of malling reflecting complianc w th CPLR 3215(g)(3)(111); and Annea sonwsbe,CathednoiCONFIRM-FRM FMSDOCSit.lNDA\FOREOt.OSURINRTRUSTootKutoy, NEW201Bafoc 21 nf of 1A 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO . 67 RECEIVED NYSCE F: 05/17/2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 UPON proof that non-appearing Defendants ANNE M. KUROLY; and CATHERINE A. SOHWABE are not absent, In accordance with RPAPL §1821(2); and A Referee having been appointed to compute the amount due to Plaintiff u pon the bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged property can be sold in parcels; and UPON reading and flilng the Report of Doris J. Kuliman, Esq. dated March 3, 2022, showing the sums of $76,807.99 and $7,485.08 due as of October 20, 2021 and that the mortgaged property may not be sold In parcels; and UPON proof of due notice of this motion upon allparties entitled to receive same, and upon allthe prior proceedings and papers filed hereln; NOW, on motion bylinda L. Donovan, attorney for the It Plaintiff, is hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and It is further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same ls, hereby In allrespects ratified and confirmed; and ItIs further ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the Complaint and as hereafter described, or such part thereof as may be sufficient to discharge the mortgaged debt, the expenses of the sale, and the costs of this action as provided the by RPAPL be sold, within 90 days within the date of this Judgment, in one parcel, at a public auction at the Rensselaer County Courthouse, Troy, New York and under the direction of by Doris J. Kullman, Esq. 149 Morris Road, East Greenbush, NY 12061-3612 who Is hereby appo|nted Referee for that purpose; that said Referee give public notice of the time and place of · sale in accordance with RPAPL §231 In 00 $2000 : and It isfurther . ORDERED, ADJUDGED AND DECREE that by accepting this appointment, the Referee certifies that he/she Js in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including, but not limited to §S6.2 (c) ("Disqualifications from appointment") and §36.2(d) ("Limitations on appointments based upon compensation"); and, Ifthe Referee is FAÃSDOC6\UNDA Anne& Schwabs, FORECLOSL1RES\TRUSTCOWuroin cathedne0ONF1RM-FRM NEW2018499 9 3 nf of TA 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 67 RECEIVF D NYSCEF: 05/17/2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 disqualifled from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and itis further ORDERED, ADJUDGED AND DECREED that the Referee Is prohibited from accepting or retaining any funds for h|mself/herself or paying funds to himself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and itis further . . ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only ifPlaintiff, Itssuccessors and/or assignees, or its representative is present at the sale or the Referee has recelved a written bid and Terms of Sale from itssuccessors and/or Plaintiff, assigns, or its representative; and itis.further ORDERED, ADJUDGED AND DEOREED that ifthe Referee does not conduct the sale within 90 days of the date of Judgment, in accordance with the tirne fixed CPLR.2004, by RPAPL §i351(1) is extended for the Referee to conduct the sale as soon as reasonably practicabie; and itis further ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the p[alntiffor the plaintiff's just as though Pla|ntiff were attomey, physically present to submit said bid; and itis further ORDERED, ADJUDGED AND DEOREED that the Referee shall accept the highest bid offered by a bidder who shall be identified upon the court and shall require that the record, successful bidder immediately execute Terms of Sale for the purchase of the and property, pay to the Referee, in cash or certified or bank check, ten percent of the sum unless the (10%) bid, soccessful bidder Is the.plaintiff, in which case no deposit against the purchase price shall be required; and itis further ORDERED, ADJUDGED AND DECREED that, In the event the first successful bidder failsto execute the Terrns of Sale the upon the subject or immediately following b|dding property fails to immediately pay the ten percent deposit as the shall (10%) requ|red, property . and on the same be reoffered at and Itis further immediately day auction; CRD /0LO6tt /NO DEctEED FAASDOCS1UNDWOREC OSURE8\TR TCOWWely,Anosa S$wAbe,CalhofineEONFIRMfaMNEW2018.doo 4 of 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. No. 67 . RECEIVED NYSCEF: 05/17/2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down . payment and proceeds of sale, as necessary, Ind J A0AM n s/her own name as Referee, In accordance with CPLR 2609; and itis rther ORDERED, ADJUDGED AND DECREED that after the property Is sold, the Referee shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terins of sale, which shall be deemed a binding contract; and itis further ORDERED, ADJUDGED AND DECREED that, In the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of titleshall be held no later than 30 days after the date of such sale unless otherwise stipulated by all parties to the sale; and itIs further ORDERED, ADJUDGED AND DECREED that, if Plaintiff(or its affiliate,as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy:·(a) within 180 days of the.execution of the deed of sale, or (b) within 90 days of completion of cor istruction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes first,provided however, that a court of competent jurisdiction may grant an extension for good cause; and It is further ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority accordin g to law, all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of sale, with such Interest or penalties which may have lawfully accrued thereon to the date of payment; and ItIs further ORDERED, ADJUDGED AND DECREED, that.the Referee then deposit the balance of said pn>ceeds of sale In her/his own name as Referee IndL a u d itbuAA tlA . a shall thereafter make the following payments In accordance w h RPA §1854, as follows: FIRST: the Referee's statutory fees for conduct the sale, in accordance with CPLR 8003(b), $750,00 u se property sells for $50,000.00 or more [or In the event a sale was cancelled or postponed, Plaintiff e:wsoocamoronect.osunsarnuarcommy,an.amamiacan-anecourmusnesswatavoe 5 of 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC . NO . 67 RECEIVED NYSCEF: 05 /17 /2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 shall compensate the Referee In the sum of $ for each adjoumment or cancellation, unless the Referee.caused the delay SECOND: Alltaxes, assessments, and water rates that are liens upon the property and monies necessary to redeem the from sales for unpaid property any . taxes, assessments, or water rates that have not become and other absolute, any amounts due in accordance with RPAPL §1354(2). Purchaser shall . be responsible for interest and penalties due on real taxes any property accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees pursuant to this appointment, The Purchaser shall hold the Referee harmless from such any penalties or fees assessed; THIRD: The expenses of the sale and the expenses as shown advertising on the bills present and certified said Referee to be duplicate copies of by correct, which shall be annexed to the report of sale; . . FOURTH: The Referee shal@ then to the Plaintiff or its the pay attorney following: Amount Due per Referee s Report: $7 ,80 and $7,485.00 with interest .99 at the note rate from October 21, 2021 until ther with ances as any provided for In the note and mortgage which la ntiffh ad for ins taxes, ce, incipal, and interest, ahd any other charges due to prior mortgages or to maintain the property pending consummailon of this foreclosure sale, not Included in the previously computation, upon presentation of receipts for said expenditures to the all together with Interest Referee, thereon pursuant to the note and mortgage, and then with interest from the date of entry of thisjudgment at the statutory rate until the date the deed is transferred; Costs and Disbursements: $ t)6 a judged to the Plaintifffor costs and disbursements In this action (as taxed or calculated the Clerk and inserted by herein), with interest at the statutory Judgment rate from the date of of this entry judgment; . FMBDOCStlNDA\FORECLOSURESITRUBTCCEuroly,Anne & Schwabe, Oatherinu\OONFIRM-FRMNEW 2010,don 6 nf of 1A 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 05/17 /2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 Additional Allowance: is hereby awarded to Plaintiffin addition to costs, with interest at the statutory judgment rate from the date of of this judgment, entry pursuant to CPLR Article 83; Attomey Fees: $ is hereby awarded to Plaintiffas reasonable legal fees herein, with interest at the rate from the date of entry f udgme statutory FIFTH: Surplus monies arising from the sale shall be paid intomolurt the office conducting the sale within five days after receipt In accordance with RPAPL and In §1354(4) accordanc.e with local County rules regarding Surplus Monfes; and itIs further ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the property, or in the event that the rights of the purchasers at such sale and the terms of sale under this Judgment shall be assigned to and be acquired the and a valid assignment by Plaintiff, thereof is filed with said Referee, said Referee shall not require Plaintiff to in cash the entire pay amount bid at said sale, but shall execute and deliver to the Plaintiffor Its a deed or assignee, deeds of the property sold upon the payment to said Referee of the amounts specified In Items "First,""Second," "Third" marked and above; that the Referee shall allow the Ó3laintiffto the pay "Second" "Third" amounts specified In and above when itis the that the balance recording deed; of the bld, after the deducting the amounts paid the shall be applied to the by Plaintiff, amount "Fourth" due Plaintiff as specified In paragraph above; that Plaintiffshall surplus after pay any applylIg the balance of the bid to the Referee, who shall deposit itin accordance with paragraph "Effth" above; and Itis further . ORDERED, ADJUDGED AND DECREED·that all expenses of the Referee's recording deed, including real property transfer tax, which Is not a lien upon the at the time of property sale, shall be paid by the purchaser, not by the Referee from sale and that proceeds, any transfer tax shall be paid in accordance with Tax Law §1404; and Itisfurther ORDERED, ADJUDGED AND DRECEED that if the sale proceeds distributed in "First" "Second," "Third," "Fourth" accordance with paragraphs and about are insufficient to pay Plaintiffthe Amount Due per the "Fouhh" Referee's Report as set forth in paragraph above, Am1sa Schwabo, FAASDOCSit.|NDMORECLOSURES\TRUBTCOWuroly, F• CatheritieECN RMRMNEW 2010.doo f' A m 1 (1 7 of 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 67 5 RECEIVED NYSCEF: 05/17/2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 Plaintiff may seek to recover a deficiency judgment against CATHERINE A, SCHWABE in accordance with RPAPL $1371 ifpermitted by law; and itis further ORDERED, ADJUDGED AND DECREED that the mortgaged Is to be sold In property is" one parcel in "as physical.order and condition, subject to condition that an Inspection of any the property would disclose; any facts that an accurate of the would show; survey property any covenants, restrict|ons, declarations, reservations, easements, right of way, and public utility agreements of record, Ifany; any building and zoning ordinances of the in which the municipality mortgaged property is located and possible violations of same; rights of tenants or-persons any in possession of the subject propertyl prior liens of record, ifany, except those IIens addressed in RPAPL §i354; any equity of redemption of the United States öf America to redeem the property with 120 days from the date of sale; and any rights pursuant to CPLR 317, 2003, and 5015, or any appeal of the underlying action or additional litigationbrought defendant or by any Itssuccessor or assignee contesting the validityof this foreclosure; and itIs f urther ORDERED; ADJUDGED AND DECREED that the Defendants In this action and all persons claiming through them and any person an Interest Irrthe after the obtaining property filing of the Notice of Pendency are barred and foreclosed of all right, claim, and lien, title, interest in the property after the sale of the mortgaged property; and Itis further ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and executing the property conveyance to the purchaser, unless the time is extended the by court, the officer making the sale shall fliewith the clerR a report under oath of the dispositlan of the proceeds of the sale in accordance with RPAPL and follow all tocal rules §1355(1) County regarding handling of Sumlus Monles; and Itisfurther ORDERED, ADJUDGED AND DECREED that ifthe purchaser or purchasers at sald sale default(s) upon the bid and/or the terms of sale the Referee place the for may property resale without prior application to the Court unless Plaintiff'sattorneys shall elect to make such application; and itis further FMSDOCSUNDA\FORECLOSURES\TRUSTCOWuroly. Anna& Schwabs,Cghednel0ONFlRM-FaM NEW2018.doo 8 of 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 05/17/2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this Judgment with Notice of Entry upon the owner of the of redemptiorh tenants named In equity any this action, and any other parties or persons entitled to service, the Referee appointed Including herein; and Itis further ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve - Plaintiff of any obligation Imposed by RPAPL §1307 and RPAPL §1308 to secure ar d rnaintain the property until such time as ownership of the has been transferred and the dead property duly recorded; and itle further ORDIiiRED, ADJUDGED AND DECREED that, when the Referee flies a report of sale, he/she shall concurrently file a Foreciosure Actions Surplus Monles Form; and itis further ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall filea written report with the court within six months from the date of of this judgment entry stating whether the sale has occurred and the outcome thereof. Said property is commonly known as 11 Rhode Island Ave, New Rensselaer, York, 12144, The legal description of the mortgaged referred to herein is annexed hereto as property Schedule A. DATED: EN . HON. PATRICK J. MCGRATH J.S.C. FAA$DOCSUNDAlFORECLOSURES\TRUSTCOiKurely,Anne & Schwaba,CatherbaiOONFIRM-FBMNEW2018.doo A 9 nF of 1A 11 FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 67 . RECEIVED NYSCEF: 05/17/2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 AND NOTWITHSTANDING ANY PROVISION OF THIS JUDGMENT TO THE CONTRARY, IT IS FURTHER ORDERED, that the Referee shall contplete the Foreclosure Action Surplus Moneys Form, in the f'orm approved the Chie f Adyninistrative Jud ge, available at by http://www.nycourts.gov/FORMS/SurplusMoniesFormFillable.pdf; and shall file the original form simultaneous with the of the Referee's deed with the Clerk, with a copy to be recording County provided within 15 days of to the Court and the Chief Fiscal Officer; and itis further filing County ORDERED, thatthe County Clerk isdirected tö not accept for recording the Referee's Deed unless accompanied by an original completed Foreclosure Action Surplus Moneys Form; and itis further ORDERED that this matter is scheduled for a Report to the Court, which shall be made by the Referee.six (6) nionths from the date of this Judgment, confirming whether the sale as ordered .. has occurred, the outcome of the sale,.and that any surplus moneys resulting fromthe sale have been deposited with the CleUk of the Court as directed in this·Judgment. The Report to the Court is otherwise satisfied by the Referee's fliing of the Foreclosure. Action Surplus Moneys Forrn demonstrating that the sale as ordered has occurred and either no surplus moneys exist or the surplus rnoneós have been deposited with the Court Clerk. . Dated: ENTER: ON. P C J. 12 RATH JUSTICE OF T PREMB COURT . nf· Q 10 of 'I 11 A FILED: RENSSELAER COUNTY CLERK 05/18/2022 08:58 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 05/17/2022 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/18/2022 "A" SCHEDULE ALL THAT TRACT OR PARCEL OF LAND situate in the Town of East Greenbush, County of Rensselaer and State of New York, known as Lots numbers three hundred twenty-four and three hundred twenty-five (324 and 325) on.a map of Clinton Park made for Corliss Realty, Inc. by E.H. Welles, Surveyor, and filed in the Rensselaer County Clerk's Office June 21, 1926, reference to which map is hereby made for a more particular description thereof. 10 mf 1A 11 of 11