Preview
FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
_COUNTY OF RENSSELAER
Index No. 2018-259409
U.S. Bank Trust,N.A.,as TrusteeforLSF11 MasterPeMeinetion Trust,
NOTICE OF ENTRY
Plaintiff
Section 112.58Block 10 Lot2
-against- e-
ForrestH. Riversa/k/aForrestRivers;Amanda Miner,
Defendant(s).
REDACTION COVER PAGE Crn
CHECK ALL THAT APPLY: ..
E The document filed contains no :--°--92
personal infemation,
as defined in 22 NYCRR
202..5(e).
O The document filed is REDACTED
in accord=.ncewith 22 NYCRR
202.5(e).
O The document filed is UN-REDACTEDin accordance with 22 NYCRR
202.5(e).
O (a) The document filed contains SSN (as authorized by the order specified below).
The document filed contains confidential
personal-'-- as defined under 22 NYCRR
O (b) 202.5(e) (as authorized by the order
specified below).
O This document was previously
filed REDACTED. Date:
O This document was previously
filed UN-REDACTED. Date:
O The Mc''mentfiled seeks a remedy under 22 NYCRR
202.5(e)(2).
O The document filed seeks a remedy under 22 NYCRR
202.5(e)(3).
O "^-d^-
Additional
There is a previously
filedorderof the Court
regardingthis document.
O Yes/ E No
O Date of order:
O Date order filed:
O Other identifying
information
for such order:
*
The orderof the court
is wl the redacted/un-redacted
document: O Yes/ E No
O Date of order:
O Other identifyin-Óf at nf u h d :
Signatureof filer:
PrintName: Gary K nelli
, sq.
Counselappearing fo .S. B k Trust . ., as Tr te forLSF11 Master Participation
Trust
Fileris repr sent s : Yes/ No
Date:
18-070530
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
NOTICE OF ENTRY
U.S. Bank Trust, N.A., as Trustee for LSF11 Master
Participation Trust,
Plaintiff, Index No. 2018-259409
-against-
Forrest H. Rivers a/k/a Forrest Rivers; Amanda Miner,
Defendants.
SIRS:
PLEASE TAKE NOTICE that the within is a true copy of a Judgment, duly entered in
the office of the cl rk t within n ed court on J 21, 2020.
DATED:
ary .K 11 , Es
A -Sr. REO/Title
Managing orney
orney
SHA O, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
TO:
Forrest H. Rivers a/k/a Forrest Rivers
330 Spring Avenue
1st Floor
Troy, NY 12180
Amanda Miner
'
330 Spring Avenue
1st Floor o
Troy, NY 12180
18-070530 Notice of Entry Page 1 of2
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Albert Kolakowski, Esq
298 N. Greenbush Rd
Troy, NY 12180
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At Part e held in
the County of Rensselaer, at the Rensselaer
p4
Ns3 Courthouse thereof, on the W*day of
PRESENT: Hon. Richard J. McNally, Jr., J.S.C.
JUSTICE OF THE SUPREME COURT
U.S. Bank Trust N.A., as Trustee for LSFI 1 Master INDEX NO. 2018-259409
Participation Trust,,
Plaintiff(s), ORDER CONFIRMING
v. REFEREE REPORT AND
JUDGMENT OF
Forrest . Rivers a/k/a Forrest Rivers; Amanda Miner, FORECLOSURE AND SALE
MORTGAGED PROPERTY:
Defendant(s)
330 Spring Avenue
.nk 3 Me cla Troy, NY 12180
ae u se ne r c ount y
c hr ks of ic e
SBL #: Section 112.58 Block 10
c er k: m Lot 2
UPON the Summon, Complaint, and Notice of Pendency filed in this action on the 19th
of April, 2018, the Notice of Motion dated /O , theaffirmation
day by
Patrick Gregorits, Esq., the affidavit of merit and amount due by Kolette Modlin, who is
Authorized Officer of Caliber Home Loans, Inc., duly sworn to on September I1, 2019, together
with the 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
appcarcd, nor had their time to do so extended; and itappearing that more than the legally
required number of days has elapsed since defendants, Forrest H. Rivers a/k/a Forrest Rivers and
Amanda Miner, were so served and/or appeared; and Plaintiff having established to the court's
satisfaction that a judgment against defendants is warranted; and
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UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants, Fonest H. Rivers a/k/a Forrest Rivers and
Amanda Miner, are not absent, in accordance with RPAPL §1321(2); and
A Referee having been appem*ed to compute the amount due to Plaintiff upon the
bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged
property can be sold in parcels; and
UPON readi.ag and filing the Report of Albert Kolakowski Esq dated September 25,
2019, shovcng the sum of $66,420.96 due as of the date of said Report and that the mortgaged
property may not be sold in parcels; and
UPON proof of due notice of this madon upon all parties entitled to receive same, and
upon allthe prior proceedings and papers filed herein;
NOW, on soncm by Patrick Gregorits, Esq., attorney for the Plaintiff,itis hereby
ORDERED, ADJUDGED AND DECREED, that the motion is granted; and itis further
ORDERED, ADJUDGED AND DECREED, that the Referee's Report be, and the same
is,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 mortgage debt, the expenses of the sale,and the costs of this action as provided by the
RPAPL be sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at
the Rensselaer County Courthouse, Troy, New York 12180, by and under the direction of Albert
Kolakowski, Esq, 298 N. Greenbush Rd, Troy, NY 12180, (518)283-3546 who is hereby
appointed Referee for that purpose; that said Referee ve public notice of the time and place of
sale in accordance with RPAPL §2 in and s er
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ORDERED, ADJUDGED AND DECREED, that by accepting this appainment, the
Referee certifies that he/she is incomp!iance with Part 36 of the Rules of the Chief Judge (22
NYCRR Part 36), including, but not limited to §36.2(c) ("Disqüâlifications from appahment")
and §36.2 (d) ("Limitations on appobhaats based upon compensation"); and, ifthe Referee is
disqualified 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 ispmhibited from
accepting or e±i-; any funds for him/herself or paying funds to him/herself without
complience with Part 36 of the Rules of the Chief Adedstrative Judge; and itis further
ORDERED, ADJUDGED, AND DECREED that the Referee shall conduct the
foreclosure sale only if Plaintiff,itssuccessors and/or assignees, or itsrepresentative is present at
the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, itssuccessors
and/or assigns, or its representative; and itis further
ORDERED, ADJUDGED, AND DECREED that ifthe Referee does not conduct the
sale within 90 days of the date of the judg:nent, in accordance with CPLR 2004, the time fixed by
RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably
practicable; and itis further
ORDERED, ADJUDGED, AND DECREED that at the time of sale the Refarae shall
accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were
physically present to submit said bid; and itis further
ORDERED, ADJUDGED, AND DECREED that the Referee shall accept the highest
bid offered by a bidder who shall be identifiad upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the pachese of the property, and pay to
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the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
successful bidder is Plaintiffin which case no deposit against the purchase price shall be
required; and itis further
ORDERED, ADJUDGED, AND DECREED that,in the event the firstsuccessful
bidder fails to execute the Terms of Sale i==ediately following the bidding upon the subject
property or fails to immediately pay the ten percent (10%) deposit as required, the property shall
immediately and on the same day be reoffered at auction; and itis further
ORDERED, ADJUDGED, AND DECREED that the Referee shall then deposit the
down payment and proceeds of as in the Referee's L0.L.A. account -ai=+=4-ad
sale, necessary,
for legal clients, in his/her own name as Refame, in accordance with CPLR 2609; and itis further
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 terms 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 laterthan 30 days
after the date of such sale unless otherwise stipulated by allparties to the sale; and itis further
ORDERED, ADJUDGED, AND DECREED that, ifPlaintiff (or itsaffiliate, as defined
in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) isthe 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 construction,
renovation, or rehabilitãtian of the property, provided that such construction, renovatics, or
rehabilitation proceeded diligently to completion, whichever comes first,provided newever, that
a court of competent jurisdiction may grant an extension for good cause; and itis further
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4
ORDERED, ADJUDGED, AND DECREED that the Referee, on receiving the
proceeds of such sale, shall forthwith pay therefmm, in accordance with their priority according
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 proceeds of sale in his/her own name as Referee in theirI.O.L.A. account maintained for
legal clients, and shall thereafter make the following payments in accordance with RPAPL
§1354, as follows:
FIRST: The Referee's stestery fees for ccñducting the sale, in accordance with
CPLR 8003(b), not to exceed $750.00 unless the property sells for $50,000.00 or more or
in the event a sale was cancelled or pagpaned, Plaintiff shall compensate the Referee in
the sum of $ 7ÓÓ for each adjourñment or cancellation, unless the
Referee caused the delay;
SECOND: All taxes, assessments, and water rates that are liens upon the property
and monies necessary to redeem the property from any sales for unpaid taxes,
assessments, or water rates that have not become absolute, and any other amounts due in
accordance with RPAPL §1354(2). Purchaser shall be responsible for interest and
penalties due on any realproperty taxes accruing after the sale. The Referee shall not be
responsible for the payment of penalties or fees pursuant to this eppointment. The
Purchaser shall hold the Referee harmless from any such penalties or fees assessed;
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THIRD: The expenses of the sale and the advertising expenses as shown on the
bills presented and certified by said Referee to be correct, duplicate copies of which shall
be annexed to the report of sale;
FOURTH: The Referee shall then pay to the Plaintiff or itsattorney the following:
Amount Due per Referee's Report: $66,420.96 with interest at the note rate from
August 31, 2019 until the date of entry of thisjudgment, together with any advances as
provided for in the note and mortgage which Plaintiff has made for taxes, insurance,
principal, and interest, and any other charges due to prior mortgages or to maintain the
property pending const-.-.ation of this foreclosure sale, not previously included in the
computation, upon presentation of receipts for said expenditures to the Referee, all
together with interest thereon pursuant to the note and mortgage, and then with interest
from the date of entry of thisjudgment at the statutory rateuntil the date the deed is
transferred;
Costs and Disbursements: $2,345.00 adjudged to the Plaintiff for costs and
disbursements in this action, with interest at the statutory judgment rate from the date of
entry of thisjudgment;
Additional Allowance: $ , ishereby awarded to Plaintiff in
addition to costs, with interest at the statutory judgment rate from the date of entry of this
judgment, pursuant to CPLR Article 83;
Attorney Fees: $1,400.00 is hereby awarded to Plaintiff as reasonable legal fees
herein, with interest at the statutory rate from the date of entry of this judgment;
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FIFTH: Surplus monies arising from the sale shall be paid into court by the officer
conducting the sale within five days after receipt in accordance with RPAPL §1354(4)
and funds shall be deposited with the Clerk of the Court; and itis further
ORDERED, ADJUDGED AND DECREED that ifthe 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 by the Plaintiff,and a valid assignment thereof
is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire =cust
bid at said sale,but shall execute and deliver to the Plaintiff or itsassignee, a deed or deeds of the
property sold upon the payment to said Referee of the amounts specified in items marked "First",
"Third"
"Second", and above; that the Referee shall allow the Plaintiff to pay the =e-nts
"Second" "Third"
specified in and above when itis recording the deed; that the balance of the
bid, after deducting the amounts paid by the Plaintiff,shall be applied to the amount due to
"Fourth"
Plaintiff as specified in paragraph above; that Plaintiff shall pay any surplus after
applying the balance of the bid to the Referee, who shall deposit itin accordance with paragraph
"Fifth"
above; and itis further
ORDERED, ADJUDGED AND DECREED that allexpenses of recording the
Referee's deed, including real property transfer tax, which is nota lien upon the property at the
time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any
transfer tax shall be paid in accordance with Tax Law §1404; and itis further
ORDERED, ADJUDGED AND DECREED that ifthe sale proceeds distributed in
"Fourth"
accordace with paragraphs "First", "Second", "Third", and above are insufficient to
"Fourth"
pay Plaintiff the A=e=nt Due per the Referee's Report as set forth in paragraph above,
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Plaintiff may seek to recover a deficiency judgment against Forrest H. Rivers, unless discharged
in bankruptcy, in accordance with RPAPL §1371 ifpermitted by law; and itis further
ORDERED, ADJUDGED AND DECREED that the mortgaged property is tobe sold in
is"
one parcel in "as physical order and ccndi±n, subject to any condition that an inspection of
the property would disclose; any facts that an accurate survey of the property would show; any
covenants, restrictions, declarations, reservations, easements, right of way, and public utility
agreements of record, ifany; any building and zoning crdinances of the municipality in which the
mortgaged is located and possible viala+ia= of rights of tenants or persons in
property same; any
possession of the subject property; prior liens of record, ifany, except those liens addressed in
RPAPL §l354; any equity of redemption of the United States of America to redeem the property
within 120 days from the date of sale; and any rights pursuant to CPLR 317, 2003, and 5015, or
appeal of the action or addhi litigation brought defendant or its
any underlying by any
successor or assignee contesting the validity of this foreclosure; and itis further
ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of
the property upon production in hand of the Referee's Deed or upon personal service of the
Referee's deed in accordance with CPLR 308; and itis further
ADJUDGED AND DECREED that the Defendenta in this action and all
ORDERED,
persons clai=ing through them and any person ob:: ning an interest in the property after the
filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title,and
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 proper convayence to the purchaser, unless the time is extended by the
court, the officer making the sale shall filewith the clerk a report under oath of the disposition of
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the proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules
regarding handling of Surplus Monies; and itis further
ORDERED, ADJUDGED AND DECREED that ifthe purchaser or purchasers at said
sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale
without prior application to the Court unless Plaintiff s attorneys shall elect to make such
application; and itis further
ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this
Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in
this action, and any other parties or persons entitled to service, including the Referee appointed
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 and
maintain the property until such time as ownership of the property has been transferred and the
deed duly recorded; and itis further
ORDERED, ADJUDGED AND DECREED that when the Referee files a report of sale,
he or she shall cancurrently file a Foreclosure Actions Surplus Monies Form; and itis further
ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith,
Plaintiff shall filea written report with the court within six m0ñ83 from the date of entry of this
judgment stating whether the sale has occurred and the outcome thereof.
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Avenue, Troy, NY 12180.
known as 330 Spring
Said property is commonly
herein isannexed hereto as
referred to
of the mortgaged property
legal description
The
Schedule A.
. . OTWITHSTAIUllNG ANY PROVISION OF THIS JUDGMENT TO TH E
V, IT IB FURTHER
. ORDERED, that theReferee shall complete the Foreclosure Action Surplus Moneys Fonn, .
form approved by the Chief Administrative Judge, and shall file the form
original,
4 taneous with the recording of the Referee's deed with the County Clerk, with a copy to be
ded within 15 days of filingto the Court and the County Chief Fiscal Officer; and itis further
. ORDERED, thatthe County Clerk isdirected to not accept for recording the Referee's Deed
ess acc=peled by an original completed Foreclosure Action Surplus Moneys Form; and itis
ORDERED that this matter is scheduled for a Report to the Court, which shall be made by
the Referee six (6) months from the date of this Judgment, confirming whether the sale as ordered
has occurred, the outcome of the sale,and thatany surplus moneys resulting from the sale have been
deposited with the Clerk of the Court as directed in this Judgment. The Report to the Court is
otherwise satisfied by the Referee's filing of the Foreclosure Action Surplus Moneys Form
demonstating that the sale as onlered has occurred and eitherno surplus moneys exist or the surplus
moneys have been deposited with the Court Clerk.
Dated: Gc.. o~ )--O
ENTER:
HON. RICHARD J.MCNALLY, JR.
JUSTICE OF THE SUPREME COURT
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SCHEDULE A
DESCRIPTIONOF MORTGAGEDPREMBES
.
ALLthat certain lot,piece or parcelof land situatein the Pith Ward ofthe City of'Doy,
County of Renamelaer and StateofNew York, knownanddesignatedonamapentitled
"Map of Subdivision of PapertyofBlizaA.0regory,"madebyCharles A. Wonian,C.B.,
and bearing date April 14, 1908, and filed inthe Rensselaer County Clerk'sOfEce on June
19th1908, as LotNo. Thirty-one(31)boundedanddescribedasfollows,towit:
ON thecasterlysideof springAvenue;
ONthenortherlysidebyLotNumberThirty(30);
ON the westerly side ofLot Number Thhty-two (32) and on thesoutherlysideofpremises
formerlyownedbyMatildaM.Smart,saidlotheingfifty(50)fectwideñontandrearand
onehundredandtwenty(120)ftotdeep.
ALSO, ALL that certain lot,piese'orparcel of land,situate in thePifthWanloftheCityof
1)oy, County ofRensselaerandStatoofNewYork,knownanddesignatedonsaidmap
aboverefixtedtoas LotNumber Thirty-two(32)boundedanddescribedasfollows,to
wit:
ON thenortherlyside of Excelsior Avenue as laidout and described on said map;
ON the westerly side of Lot Nanber Thirty-tines (33);
ON thesoutherly side of lands formerly owned by Matilda M. Smart, and an the easterly
sidebylotsnumbered Thirty (30) and Thirty-one (31).
Saidlotbeingforty(40)festwide,tontandrearandonehundred(100) feetdeep.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
U.S. Bank Trust, N.A., as Trustee for LSF11 Master
Participation Trust,,
TERMS OF SALE
Plaintif1(s),
Index No. 2018-259409
v.
MORTOAOED PROPERTY
Forrest H. Rivers a/k/a Forrest Rivers; Amanda Miner,
330 Spring Avenue
Defendant(s).
Troy, NY 12180
COUNTY: Rensselaer
SBL #: Section 112.58 Block
10 Lot 2
The Premises, known as 330 Spring Avenue, Troy, NY 12180 (Section 112.58 Block 10
Lot 2), and described in the advertisement of the saleand in Exhibit A med hereto, will be sold
in one parcel by the Referee, Albert Kolakowski, Esq, upon the following terms:
l. Ten percent of the purchase price for the Premises will be required to be paid for
in cash or by a certified check to the Referee at the time and the place of the sale, and for which a
receipt will be given.
2. The balance of said purch
Preview
FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 SUPREME COURT OF THE STATE OF NEW YORK _COUNTY OF RENSSELAER Index No. 2018-259409 U.S. Bank Trust,N.A.,as TrusteeforLSF11 MasterPeMeinetion Trust, NOTICE OF ENTRY Plaintiff Section 112.58Block 10 Lot2 -against- e- ForrestH. Riversa/k/aForrestRivers;Amanda Miner, Defendant(s). REDACTION COVER PAGE Crn CHECK ALL THAT APPLY: .. E The document filed contains no :--°--92 personal infemation, as defined in 22 NYCRR 202..5(e). O The document filed is REDACTED in accord=.ncewith 22 NYCRR 202.5(e). O The document filed is UN-REDACTEDin accordance with 22 NYCRR 202.5(e). O (a) The document filed contains SSN (as authorized by the order specified below). The document filed contains confidential personal-'-- as defined under 22 NYCRR O (b) 202.5(e) (as authorized by the order specified below). O This document was previously filed REDACTED. Date: O This document was previously filed UN-REDACTED. Date: O The Mc''mentfiled seeks a remedy under 22 NYCRR 202.5(e)(2). O The document filed seeks a remedy under 22 NYCRR 202.5(e)(3). O "^-d^- Additional There is a previously filedorderof the Court regardingthis document. O Yes/ E No O Date of order: O Date order filed: O Other identifying information for such order: * The orderof the court is wl the redacted/un-redacted document: O Yes/ E No O Date of order: O Other identifyin-Óf at nf u h d : Signatureof filer: PrintName: Gary K nelli , sq. Counselappearing fo .S. B k Trust . ., as Tr te forLSF11 Master Participation Trust Fileris repr sent s : Yes/ No Date: 18-070530 1 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER NOTICE OF ENTRY U.S. Bank Trust, N.A., as Trustee for LSF11 Master Participation Trust, Plaintiff, Index No. 2018-259409 -against- Forrest H. Rivers a/k/a Forrest Rivers; Amanda Miner, Defendants. SIRS: PLEASE TAKE NOTICE that the within is a true copy of a Judgment, duly entered in the office of the cl rk t within n ed court on J 21, 2020. DATED: ary .K 11 , Es A -Sr. REO/Title Managing orney orney SHA O, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 TO: Forrest H. Rivers a/k/a Forrest Rivers 330 Spring Avenue 1st Floor Troy, NY 12180 Amanda Miner ' 330 Spring Avenue 1st Floor o Troy, NY 12180 18-070530 Notice of Entry Page 1 of2 2 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 Albert Kolakowski, Esq 298 N. Greenbush Rd Troy, NY 12180 18-070530 Notice of Entry Page 2 of 2 3 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 At Part e held in the County of Rensselaer, at the Rensselaer p4 Ns3 Courthouse thereof, on the W*day of PRESENT: Hon. Richard J. McNally, Jr., J.S.C. JUSTICE OF THE SUPREME COURT U.S. Bank Trust N.A., as Trustee for LSFI 1 Master INDEX NO. 2018-259409 Participation Trust,, Plaintiff(s), ORDER CONFIRMING v. REFEREE REPORT AND JUDGMENT OF Forrest . Rivers a/k/a Forrest Rivers; Amanda Miner, FORECLOSURE AND SALE MORTGAGED PROPERTY: Defendant(s) 330 Spring Avenue .nk 3 Me cla Troy, NY 12180 ae u se ne r c ount y c hr ks of ic e SBL #: Section 112.58 Block 10 c er k: m Lot 2 UPON the Summon, Complaint, and Notice of Pendency filed in this action on the 19th of April, 2018, the Notice of Motion dated /O , theaffirmation day by Patrick Gregorits, Esq., the affidavit of merit and amount due by Kolette Modlin, who is Authorized Officer of Caliber Home Loans, Inc., duly sworn to on September I1, 2019, together with the 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 appcarcd, nor had their time to do so extended; and itappearing that more than the legally required number of days has elapsed since defendants, Forrest H. Rivers a/k/a Forrest Rivers and Amanda Miner, were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against defendants is warranted; and I8-070530 h:dgmera of Foreclosureand Sale Page 1 of12 4 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants, Fonest H. Rivers a/k/a Forrest Rivers and Amanda Miner, are not absent, in accordance with RPAPL §1321(2); and A Referee having been appem*ed to compute the amount due to Plaintiff upon the bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged property can be sold in parcels; and UPON readi.ag and filing the Report of Albert Kolakowski Esq dated September 25, 2019, shovcng the sum of $66,420.96 due as of the date of said Report and that the mortgaged property may not be sold in parcels; and UPON proof of due notice of this madon upon all parties entitled to receive same, and upon allthe prior proceedings and papers filed herein; NOW, on soncm by Patrick Gregorits, Esq., attorney for the Plaintiff,itis hereby ORDERED, ADJUDGED AND DECREED, that the motion is granted; and itis further ORDERED, ADJUDGED AND DECREED, that the Referee's Report be, and the same is,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 mortgage debt, the expenses of the sale,and the costs of this action as provided by the RPAPL be sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at the Rensselaer County Courthouse, Troy, New York 12180, by and under the direction of Albert Kolakowski, Esq, 298 N. Greenbush Rd, Troy, NY 12180, (518)283-3546 who is hereby appointed Referee for that purpose; that said Referee ve public notice of the time and place of sale in accordance with RPAPL §2 in and s er 18-070530 Judgment of Foreclosureand Sale Page 2 of 12 5 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 ORDERED, ADJUDGED AND DECREED, that by accepting this appainment, the Referee certifies that he/she is incomp!iance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2(c) ("Disqüâlifications from appahment") and §36.2 (d) ("Limitations on appobhaats based upon compensation"); and, ifthe Referee is disqualified 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 ispmhibited from accepting or e±i-; any funds for him/herself or paying funds to him/herself without complience with Part 36 of the Rules of the Chief Adedstrative Judge; and itis further ORDERED, ADJUDGED, AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff,itssuccessors and/or assignees, or itsrepresentative is present at the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, itssuccessors and/or assigns, or its representative; and itis further ORDERED, ADJUDGED, AND DECREED that ifthe Referee does not conduct the sale within 90 days of the date of the judg:nent, in accordance with CPLR 2004, the time fixed by RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and itis further ORDERED, ADJUDGED, AND DECREED that at the time of sale the Refarae shall accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were physically present to submit said bid; and itis further ORDERED, ADJUDGED, AND DECREED that the Referee shall accept the highest bid offered by a bidder who shall be identifiad upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the pachese of the property, and pay to 18-070530 Judgment of Foreclosureand Sale Page 3 of 12 6 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiffin which case no deposit against the purchase price shall be required; and itis further ORDERED, ADJUDGED, AND DECREED that,in the event the firstsuccessful bidder fails to execute the Terms of Sale i==ediately following the bidding upon the subject property or fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the same day be reoffered at auction; and itis further ORDERED, ADJUDGED, AND DECREED that the Referee shall then deposit the down payment and proceeds of as in the Referee's L0.L.A. account -ai=+=4-ad sale, necessary, for legal clients, in his/her own name as Refame, in accordance with CPLR 2609; and itis further 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 terms 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 laterthan 30 days after the date of such sale unless otherwise stipulated by allparties to the sale; and itis further ORDERED, ADJUDGED, AND DECREED that, ifPlaintiff (or itsaffiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) isthe 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 construction, renovation, or rehabilitãtian of the property, provided that such construction, renovatics, or rehabilitation proceeded diligently to completion, whichever comes first,provided newever, that a court of competent jurisdiction may grant an extension for good cause; and itis further 18-070530 Judgment of Foreclosureand Sale Page 4 of 12 7 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 4 ORDERED, ADJUDGED, AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefmm, in accordance with their priority according 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 proceeds of sale in his/her own name as Referee in theirI.O.L.A. account maintained for legal clients, and shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's stestery fees for ccñducting the sale, in accordance with CPLR 8003(b), not to exceed $750.00 unless the property sells for $50,000.00 or more or in the event a sale was cancelled or pagpaned, Plaintiff shall compensate the Referee in the sum of $ 7ÓÓ for each adjourñment or cancellation, unless the Referee caused the delay; SECOND: All taxes, assessments, and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute, and any other amounts due in accordance with RPAPL §1354(2). Purchaser shall be responsible for interest and penalties due on any realproperty taxes accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees pursuant to this eppointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; 18-070530 Judgment ofForeclosure and Sale Page 5 of 12 8 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 THIRD: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; FOURTH: The Referee shall then pay to the Plaintiff or itsattorney the following: Amount Due per Referee's Report: $66,420.96 with interest at the note rate from August 31, 2019 until the date of entry of thisjudgment, together with any advances as provided for in the note and mortgage which Plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to prior mortgages or to maintain the property pending const-.-.ation of this foreclosure sale, not previously included in the computation, upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the note and mortgage, and then with interest from the date of entry of thisjudgment at the statutory rateuntil the date the deed is transferred; Costs and Disbursements: $2,345.00 adjudged to the Plaintiff for costs and disbursements in this action, with interest at the statutory judgment rate from the date of entry of thisjudgment; Additional Allowance: $ , ishereby awarded to Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $1,400.00 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; 18-070530 Judgment of Foreclosureand Sale Page 6 of 12 9 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 FIFTH: Surplus monies arising from the sale shall be paid into court by the officer conducting the sale within five days after receipt in accordance with RPAPL §1354(4) and funds shall be deposited with the Clerk of the Court; and itis further ORDERED, ADJUDGED AND DECREED that ifthe 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 by the Plaintiff,and a valid assignment thereof is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire =cust bid at said sale,but shall execute and deliver to the Plaintiff or itsassignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items marked "First", "Third" "Second", and above; that the Referee shall allow the Plaintiff to pay the =e-nts "Second" "Third" specified in and above when itis recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff,shall be applied to the amount due to "Fourth" Plaintiff as specified in paragraph above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit itin accordance with paragraph "Fifth" above; and itis further ORDERED, ADJUDGED AND DECREED that allexpenses of recording the Referee's deed, including real property transfer tax, which is nota lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax shall be paid in accordance with Tax Law §1404; and itis further ORDERED, ADJUDGED AND DECREED that ifthe sale proceeds distributed in "Fourth" accordace with paragraphs "First", "Second", "Third", and above are insufficient to "Fourth" pay Plaintiff the A=e=nt Due per the Referee's Report as set forth in paragraph above, 18-070530 Judgment of Foreclosureand Sale Page 7 of 12 10 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 Plaintiff may seek to recover a deficiency judgment against Forrest H. Rivers, unless discharged in bankruptcy, in accordance with RPAPL §1371 ifpermitted by law; and itis further ORDERED, ADJUDGED AND DECREED that the mortgaged property is tobe sold in is" one parcel in "as physical order and ccndi±n, subject to any condition that an inspection of the property would disclose; any facts that an accurate survey of the property would show; any covenants, restrictions, declarations, reservations, easements, right of way, and public utility agreements of record, ifany; any building and zoning crdinances of the municipality in which the mortgaged is located and possible viala+ia= of rights of tenants or persons in property same; any possession of the subject property; prior liens of record, ifany, except those liens addressed in RPAPL §l354; any equity of redemption of the United States of America to redeem the property within 120 days from the date of sale; and any rights pursuant to CPLR 317, 2003, and 5015, or appeal of the action or addhi litigation brought defendant or its any underlying by any successor or assignee contesting the validity of this foreclosure; and itis further ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of the property upon production in hand of the Referee's Deed or upon personal service of the Referee's deed in accordance with CPLR 308; and itis further ADJUDGED AND DECREED that the Defendenta in this action and all ORDERED, persons clai=ing through them and any person ob:: ning an interest in the property after the filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title,and 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 proper convayence to the purchaser, unless the time is extended by the court, the officer making the sale shall filewith the clerk a report under oath of the disposition of I8-070530 Judgment of Foreclosure and Sale Page 8 of 12 11 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 the proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules regarding handling of Surplus Monies; and itis further ORDERED, ADJUDGED AND DECREED that ifthe purchaser or purchasers at said sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without prior application to the Court unless Plaintiff s attorneys shall elect to make such application; and itis further ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and any other parties or persons entitled to service, including the Referee appointed 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 and maintain the property until such time as ownership of the property has been transferred and the deed duly recorded; and itis further ORDERED, ADJUDGED AND DECREED that when the Referee files a report of sale, he or she shall cancurrently file a Foreclosure Actions Surplus Monies Form; and itis further ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall filea written report with the court within six m0ñ83 from the date of entry of this judgment stating whether the sale has occurred and the outcome thereof. 18-070530 Judgment of Foreclosure and Sale Page 9 of 12 12 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 Avenue, Troy, NY 12180. known as 330 Spring Said property is commonly herein isannexed hereto as referred to of the mortgaged property legal description The Schedule A. . . OTWITHSTAIUllNG ANY PROVISION OF THIS JUDGMENT TO TH E V, IT IB FURTHER . ORDERED, that theReferee shall complete the Foreclosure Action Surplus Moneys Fonn, . form approved by the Chief Administrative Judge, and shall file the form original, 4 taneous with the recording of the Referee's deed with the County Clerk, with a copy to be ded within 15 days of filingto the Court and the County Chief Fiscal Officer; and itis further . ORDERED, thatthe County Clerk isdirected to not accept for recording the Referee's Deed ess acc=peled by an original completed Foreclosure Action Surplus Moneys Form; and itis ORDERED that this matter is scheduled for a Report to the Court, which shall be made by the Referee six (6) months from the date of this Judgment, confirming whether the sale as ordered has occurred, the outcome of the sale,and thatany surplus moneys resulting from the sale have been deposited with the Clerk of the Court as directed in this Judgment. The Report to the Court is otherwise satisfied by the Referee's filing of the Foreclosure Action Surplus Moneys Form demonstating that the sale as onlered has occurred and eitherno surplus moneys exist or the surplus moneys have been deposited with the Court Clerk. Dated: Gc.. o~ )--O ENTER: HON. RICHARD J.MCNALLY, JR. JUSTICE OF THE SUPREME COURT 13 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 SCHEDULE A DESCRIPTIONOF MORTGAGEDPREMBES . ALLthat certain lot,piece or parcelof land situatein the Pith Ward ofthe City of'Doy, County of Renamelaer and StateofNew York, knownanddesignatedonamapentitled "Map of Subdivision of PapertyofBlizaA.0regory,"madebyCharles A. Wonian,C.B., and bearing date April 14, 1908, and filed inthe Rensselaer County Clerk'sOfEce on June 19th1908, as LotNo. Thirty-one(31)boundedanddescribedasfollows,towit: ON thecasterlysideof springAvenue; ONthenortherlysidebyLotNumberThirty(30); ON the westerly side ofLot Number Thhty-two (32) and on thesoutherlysideofpremises formerlyownedbyMatildaM.Smart,saidlotheingfifty(50)fectwideñontandrearand onehundredandtwenty(120)ftotdeep. ALSO, ALL that certain lot,piese'orparcel of land,situate in thePifthWanloftheCityof 1)oy, County ofRensselaerandStatoofNewYork,knownanddesignatedonsaidmap aboverefixtedtoas LotNumber Thirty-two(32)boundedanddescribedasfollows,to wit: ON thenortherlyside of Excelsior Avenue as laidout and described on said map; ON the westerly side of Lot Nanber Thirty-tines (33); ON thesoutherly side of lands formerly owned by Matilda M. Smart, and an the easterly sidebylotsnumbered Thirty (30) and Thirty-one (31). Saidlotbeingforty(40)festwide,tontandrearandonehundred(100) feetdeep. 14 of 21 FILED: RENSSELAER COUNTY CLERK 02/13/2020 01:49 PM INDEX NO. EF2018-259409 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER U.S. Bank Trust, N.A., as Trustee for LSF11 Master Participation Trust,, TERMS OF SALE Plaintif1(s), Index No. 2018-259409 v. MORTOAOED PROPERTY Forrest H. Rivers a/k/a Forrest Rivers; Amanda Miner, 330 Spring Avenue Defendant(s). Troy, NY 12180 COUNTY: Rensselaer SBL #: Section 112.58 Block 10 Lot 2 The Premises, known as 330 Spring Avenue, Troy, NY 12180 (Section 112.58 Block 10 Lot 2), and described in the advertisement of the saleand in Exhibit A med hereto, will be sold in one parcel by the Referee, Albert Kolakowski, Esq, upon the following terms: l. Ten percent of the purchase price for the Premises will be required to be paid for in cash or by a certified check to the Referee at the time and the place of the sale, and for which a receipt will be given. 2. The balance of said purch