Preview
FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018
NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022
At I.A.S. Part42 of the Supreme
Court of the State of New York, held
in and for the County of Queens, at
the Courthouse thereof located at25-
10 Court Square, Long Island City,
New York 11101 on the 5th day of
May 2022.
PRESENT: HONORABLE MAURICE E. MUIR
JUSTICE OF THE SUPREME COURT
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE, FOR J.P. MORGAN ALTERNATIVE Index No. 70462012018
LOAN TRUST 2006.A4, MORTGAGE PASS-
THROUGH CERTIFICATES, JUDGMENT OF
FORECLOSURB AND
Plaintifl SALE
-against-
MORTGAGED PROPERTY:
JOSE MARQUINA; TOMAS MARQUINA; EMH 32-521061h Street
BUILDING CORP.; CAPITAL ONE N.A., AS East Elmhurst, NY 11369
SUCCESSOR IN INTEREST TO NORTH FORK
BANK; EQUABLE ASCENT FINANCIAL LLC;
CITY OF NEW YORK ENVIRONMENTAL
CONTROL BOARD; CITY OF NEW YORK Block 1700, Lots 32 &33
PARKING VIOLATIONS BUREAU; CITY OF
NEW YORK TRANSIT ADJUDICATION
..JOHN
BUREAU; ERICA GUTIERREZ; DOE,,;
"JOHN DOE"; "JOHN DOE"; "JOHN DOE";
ANGELICA .'DOE";
"JOHN DOE"; "JOHN DOE";
JOHN DOE"; JOHN DOE"; JOHN DOE";
JOHN DOE"; JOHN DOE"; JOHN DOE";
ROSA SAENZ; MARIO SAENZ; DANIELA
SAENZ; JOSE SAENZ; ADAM FLORES;
REYNALDO FLORES; LUIS FLORES;
GENESIS FLORES; ERI ..DOE,,,
Defendants.
UPON the Summons, Complaint, and Notice of Pendency filed in this action onthe27th
day of March,2018, on the Additional Notice of Pendency filed on August 24,2018, the Notice
of Motion dated March9,202}, the affirmation by Patrick Gregorits, Esq., the affidavit of merit
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Braune, who is Doc Execution Associate, duly swom to on
and amount due by Tina Marie
September 4,21lg,together with the exhibits annexed thereto, all in 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
in this action, and has not served any answer to the Complaint or otherwise
and Complaint
appeared, nor had their time to do so extended; and it appearing that more than the legally
required number of days has elapsed since defendants, Jose Marquina, Tomas Marquina, EMH
Building co.p., capital one N.A., as successor in interest to North Fork Bank, Equable Ascent
City of New York Environmental Control Board, City of New York Parking
Financial LLC,
Violations Bureau, City of New York Transit Adjudication Bureau, Erica Gutierrez, "John
,,John "John DOe", "John DOe", "JOhn Doe", Angelica "Doe", "JOhn
Doe", Doe", "John Doe",
"JOhn DOe", "JOhn DOe", ROSa SaenZ' MafiO
DOe", "JOhn DOe", "JOhn DOe", "JOhn DOe",
Flores, Luis Flores, Genesis Flores
Saenz, Daniela Saenz, Jose Saenz, Adam Flores, Reynaldo
,,Doe,,, so served and/or appeared; and Plaintiff having established to the court's
and Eric were
satisfaction that ajudgment against defendants is warranted; and
upoN the affidavit of mailing reflecting compliance with cPLR $ 3215(g)(3)(iii);
and
uPoN proof that non-appeafing defendants, Jose Marquina, Tomas Marquina, EMH
Capital One N.A., as successor in interest to North Fork Bank, Equable Ascent
Building Corp.,
City of New York Environmental control Board, city of New York Parking
Financial LLC,
Violations Bureau, City of New York Transit Adjudication Bureau, Erica Gutierrez, "John
Doe", ,,John Doe", "John Doe", "JOhn Doe", "John DOe", "JOhn Doe", Angelica "Doe"' "JOhn
,,John Doe", "John Doe", "JOhn DOe", "John DOe", "JOhn Doe", Rosa Saenz, Mario
Doe",
Adam Flores, Reynaldo Flores, Luis Flores, Genesis Flores
Saenz, Daniela Saenz, Jose Saenz,
,,Doe,, are not absent, in accordance with RPAPL $1321(2); and
and Eric
on June 17 , 2o2t pursuant to Administrative Order 157 120; and
UpoN a conference held
been appointed to compute the amount due to plaintiff upon the note
A Referee having
set forth in the Complaint and to examine whether the mortgaged property can be
and mortgage
sold in parcels; and
filing the Report of Gregory Laspina, Esq. dated september 25,
uPoN reading and
1 1 .3 7 due as of the date of said Report and that the
21lg, indicating that the sum of $ 1 ,275,0
mortgaged property may not be sold in parcels; and
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UPON proof of due notice of this motion upon all parties entitled to receive same, and
upon all the prior proceedings and papers filed herein; and
UPON reading and filing the Decision and Order of the Court dated July 19, 2019 and
entered in the Queens County Clerk's Offrce on August 1,3,2019;
NOW' on motion by Shapiro, Dicaro & Barak, LLC, attorney for the plaintifi U.S. Bank
of National Association, as Trustee, for J.P. Morgan Alternative Loan Trust 2006-A4,Mortgage
Pass-Through Certificates, it is hereby
ORDERED, that the motion is granted without opposition; and it is further,
ORDERED, ADJUDGED AND DECREED the Referee's Report of Gregory Laspina,
Esq., swom to and dated September 25, 2019 be, and the same is, hereby ratified and confirmed;
and it is further,
ORDERED, ADJUDGED AND DECREED, that the mortgaged premises 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 Queens County Supreme Court located at 88-11 Sutphin Boulevard, Jamaica,
New York 11435 on the Courthouse steps at a time to be designated on a Friday, by and under
the direction of Gregory M. Laspina, Esq. of 1902 Whitestone Expressway, Suite 302,
Whitestone, New York 11357-3099, who is hereby appointed Referee for that purpose; that
said Referee give public notice of the time and place of sale in accordance with RPAPL $ 231
in NEWSDAY (QUEENS NEWSPAPER EDITION); and it is further,
ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the
Referee certifies that he is in compliance with Part36 of the Rules of the Chief Judge (22
NYCRR Part 36), including, but not limited to g 36.2 (c) ("Disqualifications from
appointment") and ("Limitations on appointments based upon compensation"); and, if the
Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule,
the Referee shall immediately notify the Appointing Judge; and it is further,
ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from
accepting or retaining any funds for herself or paying funds to him/herself without compliance
with Part 36 of the Rules of the chief Administrative Judge; and it is further,
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ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the
foreclosure sale only ifplaintiff, its successors and/or assignees, or its representative is present
at the sale; and it is further,
ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the
sale within ninety (90) days of the date of the judgment, in accordance with CPLR $ 2004, the
time fixed by RPAPL $ 1351(1) is extended, due to the Covid-l9 pandemic, for the Referee to
conduct the sale up to and including January 27,2023; and it is further,
ORDERBD, ADJUDGED AND DECREED that the Referee shall accept the highest
bid offered by a bidder, who shall be identified upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to
the Referee, by certified or bank check, ten percent (10%) of the sum bid, unless the successful
bidder is plaintiff in which case no deposit against the purchase price shall be required; and it is
further,
ORDERBD, ADJUDGED AND DECREED that, in the event the first successful
bidder fails to execute the Terms of Sale immediately following the bidding upon the subject
property or fails to immediately pay the ten percent (10%) deposit as required, the property
shall be reoffered at auction; and it is further,
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the
Down payment and proceeds of sale, as necessary, in SIGNATURE BANK located at 89-36
Sutphin Boulevard, 3'd Floor, Jamaica, New York 11435 in his own name as Referee, in
accordance with CPLR $ 2609; and it is further,
ORDERED, ADJUDGED AND DECREBD 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 it is further,
ORDERED, ADJUDGED AND DECREED that, in the event aparty other than the
plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than thirty
(30) days after the date of such sale unless otherwise stipulated by all parties to the sale; and it
is further,
ORDERED, ADJUDGED AND DECREED that, if plaintiff (or its affiliate, as defined
in paragraph (a) of subdivision 1 of section six-I 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 construction,
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of the property, provided that such construction, renovation, or
renovation, or rehabilitation
proceeded diligently to completion, whichever comes first,provided however' that
rehabilitation
a court of competent jurisdiction may grant an extension for good cause; and it is further,
ORDERED, ADJUDGED AND DECREED that the Referee, upon receiving the
proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according
sewer rgnts, Or water rates, which are, oI may become' lienS on
to |aw, all taxes, assessments,
such interest or penalties which may have lawfully accrued
the property at the time of sale, with
thereon to the date of payment; and it is further,
ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance
of sale in his own name as Referee in SIGNATURE BANK located at 89-36
of said proceeds
Jamaica, New York 1t435, and shall thereafter make the
sutphin Boulevard, 3'd Floor,
following payments in accordance with RPAPL $ 1354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance
with cpLR $ S003(b), in the sum of $750.00. In the event a sale was cancelled or postponed,
the Referee in the sum of $250.00 for each adjournment or
plaintiff shall compensate
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 $ 354(2). Purchaser shall be responsible
for interest and penalties due on any real property taxes accruing after the sale'
The Referee shall not be responsible for the payment of penalties or fees pursuant
The purchaser shall hold the Referee harmless from any such
to this appointment.
penalties or fees assessed;
THIRD: The expenses of the sale and the advertising expenses as shown
and certified by said Referee to be correct, duplicate copies
on the bills presented
of which shall be annexed to the report of sale;
FOURTH: The Referee shall then pay to the Plaintiff or its attorney the
Report: $ 1,275,01 1 .37 with interest at the note rate
following: Amount due per Referee's
Augu st28,2Ol9 together with any advances together as provided for in the note and
from
mortgage which Plaintiff has made for taxes, insurance, principal, and interest' and any
mortgages or to maintain the mortgaged premises pending
other charges due to prior
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of this foreclosure sale, not previously included in the computation, upon
consummation
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 this judgment at the statutory rate until the date the deed is transferred;
Costp and Disbursements: $2,500.00 adjudged to the Plaintiff for costs and
disbursements in this action to be taxed by the Clerk and inserted herein,
with interest at
the statutory judgment rate from the date of entry of this judgment;
Additional Allowance: $0 is hereby 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;
Attomey Fees: $2,500.00 is hereby awarded to Plaintiff as reasonable legal fees
herein, with interest at the statutory rate from the date of entry of this judgment;
FIFTH: Surplus monies arising from the sale shall be deposited with the Queens
the sale within five (5) days after receipt in accordance
County Clerk by the officer conducting
with local County rules regarding Surplus Monies;
with RPAPL $ 1354(4) and in accordance
and it is further,
ADJUDGED AND DECREED that if the plaintiff is the purchaser of the
ORDERED,
property, or in the event that the rights of the purchasers at such sale and the terms of sale under
shall be assigned to and be acquired by the plaintiff, and a valid assignment
this judgment
shall not require ptaintiff to pay in certified funds
thereof is filed with said Referee, said Referee
the entire amount bid at said sale, but shall execute and deliver to the plaintiff or its assignee, a
to said Referee of the amounts specified in
deed or deeds of the property sold upon the payment
,'First',,,,Second", and "Third" above; that the Referee shall allow the plaintiff to
items marked
in "Second" and "Third" above whpn it is recording the deed; that the
pay the amounts specified
the amounts paid by the plaintiff, shall be applied to the
balance of the bid, after deducting
amount due plaintiff as specified in paragraph "Fourth" above; that plaintiff shall pay any
surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance
with paragraph "Fifth" above; and it is further,
ADJUDGED AND DECREED that all expenses of recording the
ORDERED,
Referee's deed, including real property transfer tax, which is not a lien upon the property at the
not by the Referee from sale proceeds, and that any
time of sale, shall be paid by the purchaser,
transfer tax shall be paid in accordance with Tax Law $ 1404; and it is further,
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ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in
accordance with paragraphs "First", "Second", "Third", and "Fourth" above are insufficient to
pay plaintiff the Amount Due per the Referee's Report as set forth in paragraph "Fourth" above,
Plaintiff may seek to recover a deficiency judgment against JOSE MARQUINA AND TOMAS
MAReUINA in accordance with RPAPL $ 1371 if permitted by law; and it is further,
ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold
in one parcel in "as is" physical order and condition, 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, if any; any building and zoning ordinances of the municipality in which
the mortgaged property is located and possible violations of same; any rights of tenants or
persons in possession of the subject property; prior liens of record, ifany, except those liens
addressed in RpApL g 135a; any equity of redemption of the United States of America to
redeem the property within 120 days from the date of sale; and it is 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 it is further,
ORDERED, ADJUDGED AND DECREED that the defendants in this action and
all persons claiming through them and any person obtaining 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 it is further,
ORDERED, ADJUDGED AND DECREED that within thirty (30) days after
completing the sale and executing the proper conveyance to the purchaser, unless the time is
extended by the court, the officer making the sale shall file with the Queens County Clerk a
report under oath of the disposition of the proceeds of the sale in accordance with RPAPL $
1355(1) and follow all local County rules regarding handling of Surplus Monies; and it is
further,
ORDERED, ADJUDGED AND DECREED that if the 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 plaintiffs attorneys shall elect to make such
application; and it is further,
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ADJUDGED AND DECREED that nothing herein shall be deemed to
ORDERED,
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 it is further,
AND DECREED that, when the Referee files a report of sale'
ORDERED, ADJUDGED
he shall concurrently file a Foreclosure Actions Surplus Monies Form; and it is further'
AND DECREED that to ensure compliance herewith'
ORDERED, ADJUDGED
plaintiff report with the court within six (6) months from the date of entry of
shall file a written
this judgment stating whether the sale has occurred and the outcome thereof'
that the Referee shall comply with the Eleventh Judicial District's coVID-
9RDERED,
public Auctions of foreclosed properties. The policies, along with the
19 policies concerning
complete auction rules, can be found on the court's website under the Queens supreme court -
Civil Term Foreclosure Auction Rules'
serve a copy of this Judgment with Notice of Entry
ORDERED that the plaintiff shall
all tenants named in this action, all defendants
upon the owner of the equity of redemption,
entitled to service, including the
named in this action, and any other parties or persons
Referee appointed herein; and it is further,
Street, East Elmhurst' New York
Said property is commonly known as32-521061h
1 1 369.
^%{[*i
Thelegaldescriptionofthemortgagedpropertyreferredtohereinisannexedhereto
as Schedule A.
MAURICE E. MUIR, J.S.C'
CLERK
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NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022
s{HrpuLx &
nn#cHtrrxf/x or M6NT6i6XD pa#mrsgs
&LLlkel M*wln and,lrrpruvem&fltf
ptal. ple{E sr perreX of land rrlth the bulldlngs
?h*w*tr ayffi*d,sftuati,-lyfng-anO fehg in Bcrough and County of Queens, Clty and
gbw *f WEwYafr<, bourrded and deteribed as f*llowe :
BffirNNiftG at e fiai/lten the westerly slde of 106th Straet, dlstant LL9"7S teat
Uy itre lntarseftionof ?he nresterlyslde of 106th
,ortfrerty fmm tfr'e mm*r fo.m*O
Str*et an* *re fisrtherly slde of l{orthem Baula*rd;
RuruilIruG THgNcE wextarly *lr|ghtanglea to ,06s' street, 100 feet;
7\4f?4*n n*P;herlY rx;rallel wlth 1*6th $treet, 48f*et;
*t rlsht angles to 106th $a"e8t, 100 fent ta th* w**erly slde cf
TWX?[}X aay(*rty
t**&"tg?feqxi
rly elong r*& w*slerly e,de of 106th $treet, 40 feet to the polnt or
Yt1fi|l4c?.$euthe
p\*** *f f*SiruNlt'{G'
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140 RECEIVED NYSCEF: 03/11/2020
05/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
U.S. Bank National Association, as Trustee, for J.P. Morgan COSTS OF PLA1NTIFF
Alternative Loan Trust 2006-A4, Mortgage Pass-Through
Certificates,
Plaintiff, INDEX NO. 704620/2018
v.
Jose Marquina and Tomas Marquina, et al, MORTOAGED PROPERTY:
32-52 106th Street
Defendants
East Elmhust, NY 11369
COUNTY: Queens
SBL #: Block 1700 Lots 32 &
33
COSTS
Costs before Note of Issue - CPLR $200.00
8201(1)
Allowance statute - CPLR $150.00
by 8302(a)(b)
First$200.00 at 10% $20.00
Next $800.00 at 5% $40.00
Next $2000.00 at2% $40.00
Next $5000.00 at 1% $50.00
Additional allowance - CPLR $50.00
8302(d)
costs on motion - CPLR
Discretionary 8303(a)(1) $4gg..gg
FEES AND DISBURSEMENTS:
Fee for index number - CPLR
. .............. $400.00
8018(a)
Referee's fee to compute, per order of the court -.CPLR 8003(a) $350.00
Paid for searches - CPLR
---===................................ $75.00
8301(a)(10)
Serving copy of Summons and Complaint CPLR
-.......... 8301(d) $3,745.00
Reproduction Costs -===== CPLR
...................... 8301(a)(6) $0.00
Fees for publication of Summons CPLR
-........................ 8301(a)(3) $0.00
Certified copies of papers - CPLR $0.00
8301(a)(4)
Request for Judicial Intervention - . CPLR
. . ... $95.00
8020(a)
Clerk's fee for Notice of - CPLR 8021 $70.00
filing Pendency (a)(10)
trace fees - CPLR $43.68
Skip 8301(d)
Motion Fees -.. ................ CPLR
........ 8020(a) $90.00
Note of Issue - CPLR $0.00
8020(a)
Total: $5,268.68
ATTORNEY'S AFFIRMATION
The undersigned, Patrick Gregorits, Esq., pursuant to CPLR 2106 and under penalties of perjury
affirms as follows:
17-068437 Judgment of Foreclosureand Sale Page 11 of12
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140 RECEIVED NYSCEF: 03/11/2020
05/06/2022
That he/she is the attorney of record for the Plaintiff in the abovc-captioned action, that the
foregoing disbursements have been incurred in this action and are reasonable in amount, and that the
copies of dwanents or papers charged for herein were actually and necessarily obtained.
Dated: J / f e..o
Monroe County, New York
Patrick Gre s, Esq.
Associ itorney
SH O, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
17-068437 Judgment of Foreclosureand Sale Page 12 of12
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05/06/2022
East E
TITLE
345 Rouser Road Sulte#602 CONFIRMED
Coraopolis,PA 15108
Attn:Fpc Unp
BIlledto:
Involce number: 1
LOGS (NY) Shapiro,DICaro & Barak, LLP. Invoicedate: March 27. 2018
175 MileCrossing Boulevard Our filenumber:
Rochester, NY 14624 Your reference number: 32-52 106TH STREET
Attn: Logs (Ny)Shapiro,D Nam 15527 Loan number:
Reference: 3242 106TH STREET
Marketing rep: ous ccoun NS
Phone: (585)770-2117
Fax:
Underwriter:
Property:
32-52 106TH STREET
EAST ELMHUST, NY 11369
Queens County
Description Ame=:tt
Gap Continuation Search 75.00
Subtotal: $ 75.00
Tax:
Invoice totalamount due: $ 75.00
youl"
If youshouldhave questions,please contacttheundersigned. We appreciate your businessand would IIke to "Thank
CordIally,
Fpc Unp
sklp.garvin@title365.com
RECElVED
By asinsMat 4:33 pm, 3f28M8
I
5 23:27PM py TTTLE365wineona
Printed on D3/27/18 at
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Preview
FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 At I.A.S. Part42 of the Supreme Court of the State of New York, held in and for the County of Queens, at the Courthouse thereof located at25- 10 Court Square, Long Island City, New York 11101 on the 5th day of May 2022. PRESENT: HONORABLE MAURICE E. MUIR JUSTICE OF THE SUPREME COURT U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR J.P. MORGAN ALTERNATIVE Index No. 70462012018 LOAN TRUST 2006.A4, MORTGAGE PASS- THROUGH CERTIFICATES, JUDGMENT OF FORECLOSURB AND Plaintifl SALE -against- MORTGAGED PROPERTY: JOSE MARQUINA; TOMAS MARQUINA; EMH 32-521061h Street BUILDING CORP.; CAPITAL ONE N.A., AS East Elmhurst, NY 11369 SUCCESSOR IN INTEREST TO NORTH FORK BANK; EQUABLE ASCENT FINANCIAL LLC; CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD; CITY OF NEW YORK Block 1700, Lots 32 &33 PARKING VIOLATIONS BUREAU; CITY OF NEW YORK TRANSIT ADJUDICATION ..JOHN BUREAU; ERICA GUTIERREZ; DOE,,; "JOHN DOE"; "JOHN DOE"; "JOHN DOE"; ANGELICA .'DOE"; "JOHN DOE"; "JOHN DOE"; JOHN DOE"; JOHN DOE"; JOHN DOE"; JOHN DOE"; JOHN DOE"; JOHN DOE"; ROSA SAENZ; MARIO SAENZ; DANIELA SAENZ; JOSE SAENZ; ADAM FLORES; REYNALDO FLORES; LUIS FLORES; GENESIS FLORES; ERI ..DOE,,, Defendants. UPON the Summons, Complaint, and Notice of Pendency filed in this action onthe27th day of March,2018, on the Additional Notice of Pendency filed on August 24,2018, the Notice of Motion dated March9,202}, the affirmation by Patrick Gregorits, Esq., the affidavit of merit 1of 8 1 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 Braune, who is Doc Execution Associate, duly swom to on and amount due by Tina Marie September 4,21lg,together with the exhibits annexed thereto, all in 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 in this action, and has not served any answer to the Complaint or otherwise and Complaint appeared, nor had their time to do so extended; and it appearing that more than the legally required number of days has elapsed since defendants, Jose Marquina, Tomas Marquina, EMH Building co.p., capital one N.A., as successor in interest to North Fork Bank, Equable Ascent City of New York Environmental Control Board, City of New York Parking Financial LLC, Violations Bureau, City of New York Transit Adjudication Bureau, Erica Gutierrez, "John ,,John "John DOe", "John DOe", "JOhn Doe", Angelica "Doe", "JOhn Doe", Doe", "John Doe", "JOhn DOe", "JOhn DOe", ROSa SaenZ' MafiO DOe", "JOhn DOe", "JOhn DOe", "JOhn DOe", Flores, Luis Flores, Genesis Flores Saenz, Daniela Saenz, Jose Saenz, Adam Flores, Reynaldo ,,Doe,,, so served and/or appeared; and Plaintiff having established to the court's and Eric were satisfaction that ajudgment against defendants is warranted; and upoN the affidavit of mailing reflecting compliance with cPLR $ 3215(g)(3)(iii); and uPoN proof that non-appeafing defendants, Jose Marquina, Tomas Marquina, EMH Capital One N.A., as successor in interest to North Fork Bank, Equable Ascent Building Corp., City of New York Environmental control Board, city of New York Parking Financial LLC, Violations Bureau, City of New York Transit Adjudication Bureau, Erica Gutierrez, "John Doe", ,,John Doe", "John Doe", "JOhn Doe", "John DOe", "JOhn Doe", Angelica "Doe"' "JOhn ,,John Doe", "John Doe", "JOhn DOe", "John DOe", "JOhn Doe", Rosa Saenz, Mario Doe", Adam Flores, Reynaldo Flores, Luis Flores, Genesis Flores Saenz, Daniela Saenz, Jose Saenz, ,,Doe,, are not absent, in accordance with RPAPL $1321(2); and and Eric on June 17 , 2o2t pursuant to Administrative Order 157 120; and UpoN a conference held been appointed to compute the amount due to plaintiff upon the note A Referee having set forth in the Complaint and to examine whether the mortgaged property can be and mortgage sold in parcels; and filing the Report of Gregory Laspina, Esq. dated september 25, uPoN reading and 1 1 .3 7 due as of the date of said Report and that the 21lg, indicating that the sum of $ 1 ,275,0 mortgaged property may not be sold in parcels; and 2 of 8 2 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; and UPON reading and filing the Decision and Order of the Court dated July 19, 2019 and entered in the Queens County Clerk's Offrce on August 1,3,2019; NOW' on motion by Shapiro, Dicaro & Barak, LLC, attorney for the plaintifi U.S. Bank of National Association, as Trustee, for J.P. Morgan Alternative Loan Trust 2006-A4,Mortgage Pass-Through Certificates, it is hereby ORDERED, that the motion is granted without opposition; and it is further, ORDERED, ADJUDGED AND DECREED the Referee's Report of Gregory Laspina, Esq., swom to and dated September 25, 2019 be, and the same is, hereby ratified and confirmed; and it is further, ORDERED, ADJUDGED AND DECREED, that the mortgaged premises 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 Queens County Supreme Court located at 88-11 Sutphin Boulevard, Jamaica, New York 11435 on the Courthouse steps at a time to be designated on a Friday, by and under the direction of Gregory M. Laspina, Esq. of 1902 Whitestone Expressway, Suite 302, Whitestone, New York 11357-3099, who is hereby appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL $ 231 in NEWSDAY (QUEENS NEWSPAPER EDITION); and it is further, ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the Referee certifies that he is in compliance with Part36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to g 36.2 (c) ("Disqualifications from appointment") and ("Limitations on appointments based upon compensation"); and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further, ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting or retaining any funds for herself or paying funds to him/herself without compliance with Part 36 of the Rules of the chief Administrative Judge; and it is further, 3 of 8 3 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only ifplaintiff, its successors and/or assignees, or its representative is present at the sale; and it is further, ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale within ninety (90) days of the date of the judgment, in accordance with CPLR $ 2004, the time fixed by RPAPL $ 1351(1) is extended, due to the Covid-l9 pandemic, for the Referee to conduct the sale up to and including January 27,2023; and it is further, ORDERBD, ADJUDGED AND DECREED that the Referee shall accept the highest bid offered by a bidder, who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to the Referee, by certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is plaintiff in which case no deposit against the purchase price shall be required; and it is further, ORDERBD, ADJUDGED AND DECREED that, in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject property or fails to immediately pay the ten percent (10%) deposit as required, the property shall be reoffered at auction; and it is further, ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the Down payment and proceeds of sale, as necessary, in SIGNATURE BANK located at 89-36 Sutphin Boulevard, 3'd Floor, Jamaica, New York 11435 in his own name as Referee, in accordance with CPLR $ 2609; and it is further, ORDERED, ADJUDGED AND DECREBD 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 it is further, ORDERED, ADJUDGED AND DECREED that, in the event aparty other than the plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than thirty (30) days after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further, ORDERED, ADJUDGED AND DECREED that, if plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-I 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 construction, 4 of 8 4 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 of the property, provided that such construction, renovation, or renovation, or rehabilitation proceeded diligently to completion, whichever comes first,provided however' that rehabilitation a court of competent jurisdiction may grant an extension for good cause; and it is further, ORDERED, ADJUDGED AND DECREED that the Referee, upon receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according sewer rgnts, Or water rates, which are, oI may become' lienS on to |aw, all taxes, assessments, such interest or penalties which may have lawfully accrued the property at the time of sale, with thereon to the date of payment; and it is further, ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of sale in his own name as Referee in SIGNATURE BANK located at 89-36 of said proceeds Jamaica, New York 1t435, and shall thereafter make the sutphin Boulevard, 3'd Floor, following payments in accordance with RPAPL $ 1354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with cpLR $ S003(b), in the sum of $750.00. In the event a sale was cancelled or postponed, the Referee in the sum of $250.00 for each adjournment or plaintiff shall compensate 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 $ 354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale' The Referee shall not be responsible for the payment of penalties or fees pursuant The purchaser shall hold the Referee harmless from any such to this appointment. penalties or fees assessed; THIRD: The expenses of the sale and the advertising expenses as shown and certified by said Referee to be correct, duplicate copies on the bills presented of which shall be annexed to the report of sale; FOURTH: The Referee shall then pay to the Plaintiff or its attorney the Report: $ 1,275,01 1 .37 with interest at the note rate following: Amount due per Referee's Augu st28,2Ol9 together with any advances together as provided for in the note and from mortgage which Plaintiff has made for taxes, insurance, principal, and interest' and any mortgages or to maintain the mortgaged premises pending other charges due to prior 5 of 8 5 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 of this foreclosure sale, not previously included in the computation, upon consummation 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 this judgment at the statutory rate until the date the deed is transferred; Costp and Disbursements: $2,500.00 adjudged to the Plaintiff for costs and disbursements in this action to be taxed by the Clerk and inserted herein, with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance: $0 is hereby 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; Attomey Fees: $2,500.00 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; FIFTH: Surplus monies arising from the sale shall be deposited with the Queens the sale within five (5) days after receipt in accordance County Clerk by the officer conducting with local County rules regarding Surplus Monies; with RPAPL $ 1354(4) and in accordance and it is further, ADJUDGED AND DECREED that if the plaintiff is the purchaser of the ORDERED, property, or in the event that the rights of the purchasers at such sale and the terms of sale under shall be assigned to and be acquired by the plaintiff, and a valid assignment this judgment shall not require ptaintiff to pay in certified funds thereof is filed with said Referee, said Referee the entire amount bid at said sale, but shall execute and deliver to the plaintiff or its assignee, a to said Referee of the amounts specified in deed or deeds of the property sold upon the payment ,'First',,,,Second", and "Third" above; that the Referee shall allow the plaintiff to items marked in "Second" and "Third" above whpn it is recording the deed; that the pay the amounts specified the amounts paid by the plaintiff, shall be applied to the balance of the bid, after deducting amount due plaintiff as specified in paragraph "Fourth" above; that plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph "Fifth" above; and it is further, ADJUDGED AND DECREED that all expenses of recording the ORDERED, Referee's deed, including real property transfer tax, which is not a lien upon the property at the not by the Referee from sale proceeds, and that any time of sale, shall be paid by the purchaser, transfer tax shall be paid in accordance with Tax Law $ 1404; and it is further, 6of 8 6 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in accordance with paragraphs "First", "Second", "Third", and "Fourth" above are insufficient to pay plaintiff the Amount Due per the Referee's Report as set forth in paragraph "Fourth" above, Plaintiff may seek to recover a deficiency judgment against JOSE MARQUINA AND TOMAS MAReUINA in accordance with RPAPL $ 1371 if permitted by law; and it is further, ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in one parcel in "as is" physical order and condition, 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, if any; any building and zoning ordinances of the municipality in which the mortgaged property is located and possible violations of same; any rights of tenants or persons in possession of the subject property; prior liens of record, ifany, except those liens addressed in RpApL g 135a; any equity of redemption of the United States of America to redeem the property within 120 days from the date of sale; and it is 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 it is further, ORDERED, ADJUDGED AND DECREED that the defendants in this action and all persons claiming through them and any person obtaining 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 it is further, ORDERED, ADJUDGED AND DECREED that within thirty (30) days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer making the sale shall file with the Queens County Clerk a report under oath of the disposition of the proceeds of the sale in accordance with RPAPL $ 1355(1) and follow all local County rules regarding handling of Surplus Monies; and it is further, ORDERED, ADJUDGED AND DECREED that if the 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 plaintiffs attorneys shall elect to make such application; and it is further, 7 of 8 7 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 ADJUDGED AND DECREED that nothing herein shall be deemed to ORDERED, 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 it is further, AND DECREED that, when the Referee files a report of sale' ORDERED, ADJUDGED he shall concurrently file a Foreclosure Actions Surplus Monies Form; and it is further' AND DECREED that to ensure compliance herewith' ORDERED, ADJUDGED plaintiff report with the court within six (6) months from the date of entry of shall file a written this judgment stating whether the sale has occurred and the outcome thereof' that the Referee shall comply with the Eleventh Judicial District's coVID- 9RDERED, public Auctions of foreclosed properties. The policies, along with the 19 policies concerning complete auction rules, can be found on the court's website under the Queens supreme court - Civil Term Foreclosure Auction Rules' serve a copy of this Judgment with Notice of Entry ORDERED that the plaintiff shall all tenants named in this action, all defendants upon the owner of the equity of redemption, entitled to service, including the named in this action, and any other parties or persons Referee appointed herein; and it is further, Street, East Elmhurst' New York Said property is commonly known as32-521061h 1 1 369. ^%{[*i Thelegaldescriptionofthemortgagedpropertyreferredtohereinisannexedhereto as Schedule A. MAURICE E. MUIR, J.S.C' CLERK 8 of 8 8 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 05/06/2022 s{HrpuLx & nn#cHtrrxf/x or M6NT6i6XD pa#mrsgs &LLlkel M*wln and,lrrpruvem&fltf ptal. ple{E sr perreX of land rrlth the bulldlngs ?h*w*tr ayffi*d,sftuati,-lyfng-anO fehg in Bcrough and County of Queens, Clty and gbw *f WEwYafr<, bourrded and deteribed as f*llowe : BffirNNiftG at e fiai/lten the westerly slde of 106th Straet, dlstant LL9"7S teat Uy itre lntarseftionof ?he nresterlyslde of 106th ,ortfrerty fmm tfr'e mm*r fo.m*O Str*et an* *re fisrtherly slde of l{orthem Baula*rd; RuruilIruG THgNcE wextarly *lr|ghtanglea to ,06s' street, 100 feet; 7\4f?4*n n*P;herlY rx;rallel wlth 1*6th $treet, 48f*et; *t rlsht angles to 106th $a"e8t, 100 fent ta th* w**erly slde cf TWX?[}X aay(*rty t**&"tg?feqxi rly elong r*& w*slerly e,de of 106th $treet, 40 feet to the polnt or Yt1fi|l4c?.$euthe p\*** *f f*SiruNlt'{G' 9 of 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 110 140 RECEIVED NYSCEF: 03/11/2020 05/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS U.S. Bank National Association, as Trustee, for J.P. Morgan COSTS OF PLA1NTIFF Alternative Loan Trust 2006-A4, Mortgage Pass-Through Certificates, Plaintiff, INDEX NO. 704620/2018 v. Jose Marquina and Tomas Marquina, et al, MORTOAGED PROPERTY: 32-52 106th Street Defendants East Elmhust, NY 11369 COUNTY: Queens SBL #: Block 1700 Lots 32 & 33 COSTS Costs before Note of Issue - CPLR $200.00 8201(1) Allowance statute - CPLR $150.00 by 8302(a)(b) First$200.00 at 10% $20.00 Next $800.00 at 5% $40.00 Next $2000.00 at2% $40.00 Next $5000.00 at 1% $50.00 Additional allowance - CPLR $50.00 8302(d) costs on motion - CPLR Discretionary 8303(a)(1) $4gg..gg FEES AND DISBURSEMENTS: Fee for index number - CPLR . .............. $400.00 8018(a) Referee's fee to compute, per order of the court -.CPLR 8003(a) $350.00 Paid for searches - CPLR ---===................................ $75.00 8301(a)(10) Serving copy of Summons and Complaint CPLR -.......... 8301(d) $3,745.00 Reproduction Costs -===== CPLR ...................... 8301(a)(6) $0.00 Fees for publication of Summons CPLR -........................ 8301(a)(3) $0.00 Certified copies of papers - CPLR $0.00 8301(a)(4) Request for Judicial Intervention - . CPLR . . ... $95.00 8020(a) Clerk's fee for Notice of - CPLR 8021 $70.00 filing Pendency (a)(10) trace fees - CPLR $43.68 Skip 8301(d) Motion Fees -.. ................ CPLR ........ 8020(a) $90.00 Note of Issue - CPLR $0.00 8020(a) Total: $5,268.68 ATTORNEY'S AFFIRMATION The undersigned, Patrick Gregorits, Esq., pursuant to CPLR 2106 and under penalties of perjury affirms as follows: 17-068437 Judgment of Foreclosureand Sale Page 11 of12 10 1 of of 14 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 110 140 RECEIVED NYSCEF: 03/11/2020 05/06/2022 That he/she is the attorney of record for the Plaintiff in the abovc-captioned action, that the foregoing disbursements have been incurred in this action and are reasonable in amount, and that the copies of dwanents or papers charged for herein were actually and necessarily obtained. Dated: J / f e..o Monroe County, New York Patrick Gre s, Esq. Associ itorney SH O, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 17-068437 Judgment of Foreclosureand Sale Page 12 of12 11 2 of of 14 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 110 140 RECEIVED NYSCEF: 03/11/2020 05/06/2022 East E TITLE 345 Rouser Road Sulte#602 CONFIRMED Coraopolis,PA 15108 Attn:Fpc Unp BIlledto: Involce number: 1 LOGS (NY) Shapiro,DICaro & Barak, LLP. Invoicedate: March 27. 2018 175 MileCrossing Boulevard Our filenumber: Rochester, NY 14624 Your reference number: 32-52 106TH STREET Attn: Logs (Ny)Shapiro,D Nam 15527 Loan number: Reference: 3242 106TH STREET Marketing rep: ous ccoun NS Phone: (585)770-2117 Fax: Underwriter: Property: 32-52 106TH STREET EAST ELMHUST, NY 11369 Queens County Description Ame=:tt Gap Continuation Search 75.00 Subtotal: $ 75.00 Tax: Invoice totalamount due: $ 75.00 youl" If youshouldhave questions,please contacttheundersigned. We appreciate your businessand would IIke to "Thank CordIally, Fpc Unp sklp.garvin@title365.com RECElVED By asinsMat 4:33 pm, 3f28M8 I 5 23:27PM py TTTLE365wineona Printed on D3/27/18 at Page 1 of 1 12 3 of of 14 23 FILED: QUEENS COUNTY CLERK 05/06/2022 03:41 PM INDEX NO. 704620/2018 NYSCEF DOC. NO. 110 140