Preview
FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 06/12/2018
FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014
NYSCEF INDEX NO. 506027/2014
FILED: DOC. NO.
KINGS 149 COUNTY CLERK 5 5 : P RECEIVED NYSCEF: 06/12/2018
NYSCEF DOC. NO. 144 RECEI tlÑ3E1506@g7(2AM18
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018
rA-i
At IAS Port of the
Supreme Court ofthe State ofNew
York, held in and forthe County of
KINGS at the Courthouse. at Civic
Ce ter.BROOKLYN.: ew York, on the
I'
9.3 day of pof Al.. . 201%
PRESENI: HON, NOACH DEAR
JUSTICE PRESIDING
JPMORGAN CHASE BANK NATIONAI.
li'I'
ASSOCIATION, SUCCESSOR IN INTEREST BY
I'I'
PURCHASE FROM TIlE FEDERAL DEPOSIT
INSIJRANCE CORPORATION AS RECElVER OF
WASHING1ON MiflUAI BANK F/K/A WASillNGTON
MU'l UAl. BANK. FA., SUCCESSORIN INTEREST
TO NORTll AMERICAN MORTGAGE COMPANY
Plaintiff, JUDGMENT OF
-vs- FORECLOSURE
& SAIE
Foreclosure of:
240 GREENE AVENUE
BROOKLYN, NY 11238
PETER K. MCKENZlE: SHERREL FARNSWORTH
A/K/A SilERREL A. FARNSWORTH; JPMORGAN
CIlASE BANK, N.A.; RAB PERFORMANCE
RECOVERIES, 1.LC; AMERICAN EXPRESS BANK
()NI..'
FSB, CAPITAL ONE HANK; CITY OF NEW ORK
TRANSII AD.ItJDICATION BUREAU; NI?W ORK
(11 Y ENVIRONMENTAl. CONTROL BOARI. ;
RTMEN'I' Ol.'
NYC DEPARTMENT
.DI.,VA OF FINANCE-PARKING
VIOLATIONS BUREAU; WILLIAM DOE; AND
I-.'
DANIEI .I .EMOORIL Index No.:
Defendants, 506027/2014
Block: 1966. I 6t:18
On the Summons, Verified Complaint and Notice ofPendency of Action duly filedin this
action on .luly
Jllly1. 2014. the Order of Reference dated June 19. 2016 and allproceedings thereon.
ol'
and on the reading and filing of the Affirmation of FEIN, SUCH & CRANE, I.I.P. Kristin M.
of'
Mykulak. Esq., of counsel for Plaintiff, dated April 21, 2016, showing that each of the
defendants herein have been duly served with the Summons and Complaint in this action. or
have volumarily appeared personally or by theirrespective attorneys, and stating that more than
(>I'
the legally required number of days had elapsed since said defendants were so served and/or
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appeared; and thatnone ofthe defendants had served any answer to said Complaint, nor had their
ot'
time to do so been extended; and that the Complaint herein and due Notice of Pendency
ol'
containing all the particulars required to be stated therein was duly tiled in the Office of the
ol'
C1crk of the County of KINGS, on the July 1, 2014, and has not been amended to add new
parties or to embrace real property not described in the original complaint and pursuant to the
Stipulation filed on January 30, 2017, Defendant Peter K. McKenzie consents to the immediate
entry of Judgment of Foreclosure and Sale,and expressly waives the appointment of a referee to
compute the amounts due and owing under the Note and Mortgage and the filingof a referee's
ol'
report in connection therewith, and further consents to the sale of that Property by the referee as
a single parcel;
Upon the Affidavit of Ray Thacker, sworn to on April 26, 2017 attesting to the amounts
owed to the PlaintitT;
pront'nt'
NOW, upon proof of due notice of this application upon allparties who had not waived
the same. and upon proofofservice ofthe Order of Reference as provided therein,
ON MO'l ION OF FElN, SUCH 4 CRANE LLP, attorneys for the plaintiff,itis:
ORDERED, ADJUDGED AND DECREED, that a settlement conference took place in
accordance with the Laws of 2009, Chapter 507, Section 3-a, on January 21, 2015; and it is
further
ORDERED, that the motion isgranted, and itisfurther,
ORDERED, ADJUDGED AND DECREED, that the above-described mortgaged
premises 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 Real Property Actions and Pmceedings
be sold in one parcel, at public auction in RoomÓf King County Supreme Court, 360
'Fcl
Adams Street, Brooklyn, New York, 11201, im a Thurst v alternoon at p .M
~T.tvt
. V.M . hv and under
QQL C4~ PRP2t ~~,yy <» it
mid
the direction of on Esq.Awho is hereby appointed Referee ha that
-5 -- 00 nt'
purpose; that the said Heleree shall set the date of sale and give public notice of the time and
5'
place of such sale in accordance with RPAPI session 231, in t<< 5 euMf $41 Pldd
itis further
ORDERED, ADJUDGED AND DECREED, that the Heferee shall conduct the
foreclosure sale within ninety days of entry of thisJudgment
.1udgnicni of Foreclosure. and itis liirther
2t
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KINGS149 COUNTY CLERK 05/15/2018 12:41 PM| RECEIVED NYSCEF: 06/12/2018
NYSCEF DOC. NO. 144 RECEI XNMCEP0687dWM)18
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018
ORDERED, ADJUDGED AND DECREED, that pursuant to N.Y. R.P A.PL § 1309, or
in the alternative within the Court's discretion pursuant toN.Y. R.P.A.PL §l32), the Court hereby
4i4I 0 lrI1,
5<0 I II.g3
calculates the amount due to the PlaintifTto be. . -.. . .
ORDERED, ADJUDGED AND DECREED, thatsaid Referee shall accept at such sale
the highest bid offered by a responsible bidder, who shall be identified upon the court record. and
shall require that such successful bidder immediately pay to the Referce in cash or certified or
ol'
bank check payable to such Referee, ten percent of the sum bid and shallexecute Terms of Sale
iil'
for the purchase of the premises. unless such successful bidder is the plaintiff herein, in which
case, no deposit against the purchase price shall he required, and itisfurther
ORDERED, ADJUDGED AND DECREED, that in the event that the firstsuccessful
bidder fails to immediately pay the ten percent deposit as provided herein or failsto execute the
Terms of Sale immediately following the bidding upon the subject property, the property shall
thereafter immediately, on the same day, he reoffered at auction, and itisfurther
I
ORDERED, ADJUDGED AND DECREED, thatthe closing of titleshall take place at
the office of the Referee or at such other location as the referee shall determine, within forty-five
days after such sale unless otherwise stipulated by all parties. The referee shall transfer title
p3jy
to the successful bidder at the auction. Any delay or adjournment of the closing date beyond
forty-five days may be stipulated among the parties, with the Referee's consent, up to ninety days
from the date of sale, but any adjournment beyond ninety days may be agreed only with the
approval of this Court; and itisfurther
ORDERED, ADJUDGED AND DECREED, that the Referee depositall funds received
pursuant to this Order in his/her own name as Referee in referees IOLA account maintained thr
ol'
of' referee'
legal clients at a bank within the City of New York or in an FDIC insured bank of the s
choice within the City of New York; and itisfurther
ORDERED, ADJUDGED AND DECREED. that said Referee on receiving the
proceeds of such sale shall forthwith pay therefrom:
FJRS f: The statutory fees or commissions of said referee pursuant to CPLR §8003b
of'
which shall not exceed $500.00 unless the sale price (the amount of the accepted bid) exceeds
$50,000.00. In the event the sale price exceeds $50,000.00 an additional compensation
il'
(including commissions) in excess of $500,00 is sought pursuant to CPLR §8003b and if no
surplus monies are produced by the sale. the parties may present a stipulation signed by the
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referee and allparties appearing agreeing to a stated sum to be so ordered by the Court. Where
surplus monies may be available following distribution of sums as provided herein, or where the
parties are unable to agree to the referec's property compensation under CPI R §8003b,
application shall be made to this Court on notice to all parties known to be entitled to claim
ol' ol'
against any surplus monies, including the defaulting owner of the equity of redemption. Such
application shall he promptly submitted to the Court within 5 days of the transfer of the deed and
prior to filingthe report of sale. The live day period for payment of surplus money into court as
ol'
set forth in RPAPL §1354(4), and the 30 day period set forth in RPAPL §1355 for the tilingof
of'
the report of sale shall be deemed extended pending the decision of the Court regarding such
application.
In the event a scheduled sale is cancelled or postponed pursuant to CPER §8003u,
Plaintiffshall compensate the referee in the sum of $250.00 for each adjournment or cancellation
unless the referee has requested the delay. Such compensation may he recouped from the
proceeds of sale as a cost to PlaintilT. This order shall constitute the necessary prior
authorization forcompensation as set forth herein.
No compensation in excess of $750.00 including compensation authorized pursuant to
CPLR §8003a for computation of the sum due to Plaintiff, may be accepted by the referee
of' nl'
without court approval and compliance with the filingprovisions of Section 36.4 of the Rules of
the Chief Judge.
ol'
SECQN12: The expenses of the sale, including the cost of advertising as shown on the
bills presented and certified by said Referee to he correct, copies of which shall be annexed to
the Report of Sale.
TillRI2: Pursuant to Real Property Actions and Proceedings Law §1354. in accordance
with their priority according to law, taxes, assessments, sewer rents water rates and any charges
placed upon the property by a City agency which have priority over the forcelosed mortgage,
which are liens on the premises at the time of sale with such interest or penalties which may have
lawfully accrued thereon to the date of payment.
Pglg~l' plaintifI'
EQURTI1: Said Referee shall then pay to the plaintiff or its attorney the sum of
$ Î '9'9
/ / J
' ™ lor costs and disbursements in this action to be taxed by the clerk and
inserted herein. with interest from the date hereof: together with an additional allowance of
nlaintil'I'
$ 0 hereby awarded to the alaintilTin addition to costs with interest thereon from the date
9
3 40.'NI.13
hereof. and also the sum of $544984k the said amount so reported due as aloresaid, Ingether
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with the interestthereon pursuant to the terms of the Note from March 31, 2017 the date interest
ol'
was calculated to in the affidavit of Ray Thacker, sworn to April 26. 2017, to the date of entry of
this order and thereaner at the statutory post judgment rate to the date of transfer of tide, or so
of'
much thereof as the purchase money of the mortgaged premises will pay of the same, together
with $ 0 hereby awarded to the plaintiff as reasonable legal fees herein, together
with any advances as provided ibr in the note and mortgage, which plaintiff may have inade for
taxes, insurance, principal and interest and any other charges due to prior mortgages, or to
maintain the premises pending consummation of this foreclosure sale,not previously inchided in
ot'
the computation and upon presentation to the Referee of receipts for said expenditures, 811
together with interest thereon pursuant to the note and mortgage as above provided. Copies of
such receipts shall be annexed to the Referee's Report of Sale. Plaintiff shall timely move to
confirm the Referee's Report of Sale pursuant to RPAPL §l355. [tis further
ORDERED, ADJUDGED AND DECREED that in case the plaintiffbe the purchaser
of said mortgaged premises at said sale, said Referee shall not require the plaintiff to pay in cash
the entire amount bid at said sale, but shall execute and deliver only to the plaintiff,a deed of the
ol'
premises sold upon the payment to said Referee of the sum awarded to him or her under the
"SECOND" "THERD"
above provisions marked "FIRST", and if such expenses were paid by
the referee or in lieuof the payment of said last mentioned amounts, upon filing with said referee
of' of'
receipts of the proper municipal authorities showing payment thereof. The balance of the
amount bid, aller deducting therefrom the aforementioned payments to the referee for
compensation and expenses, faxes, assessments, sewer rents, water rates and priority liens of a
City agency shall be allowed to the plaintiffand applied by said Referee upon the amounts due to
the plaintiff as specified above in item marked "FOURTH". If upon so applying the balance of
the amount bid. there shall be a surplus over and above said amounts due to the plaintiff,the
plaintiff shall pay to said Referce, upon delivery to PlaintjTTof said Referee's Deed, the amount
ot'
of such surplus [which shall be applied by the Referee upon motion made pursuant to RPAPL
proof'
§l35 l(3) and proof satisfactory to the referee of the sums due thereon, to any subordinate
mortgage duly recorded against the property, pursuant to RPAPL §l354(3L which payment shall
be reported in the Referee 8 Report of Sak,[ Any surplus remaining afterall payments as herein
provided shall be deposited into Cour t in accordance with RPAPL §l354(4) und the Referee
of'
shall immediately give notiec of such surplus to the owner of the mortgaged premises as
t' ot'
identified by plaintiff at the time of the sale. and itis further:
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NO. 149 COUNTY CLERK 5 5 14 P RECEIVED NYSCEF: 06/12/2018
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ORDERED, ADJUDGED AND DECREED that said Referee take the receipt of the
plaintiffor plaintiffs attorney for the amounts paid as hereinbefore directed in item marked
il'
"FOURTH", and fileitwith his/her report of sale; that he/she deposit the surplus monics, if
any, with the KINGS County CIcrk within five days after the same shall be received unless such
period be deemed extended by the filingof an application for additional compensation as set
forthherein, to the credit of this action, to be withdrawn only on the written order of the Court,
signed by a Justice of the Court, that the said Referee make his/her Report of such sale under
oath showing the disposition of the proceeds of the sale, accompanied by the vouchers of the
person to whom the payment was made and fileitwith the Clerk of the County of KINGS with a
copy to the Chambers of the Appointing Justice within thirtydays after completing the sale and
executing the proper conveyance to the purchaser or within 30 days of the decision of the court
with respect to any application for additional compensation; and itisfurther
ORDERED, ADJUDGED AND DECREED, that if the proceeds of such sale be
insufficient to pay the amount reported due to the plaintiffwith interest and costs as aforesaid,
the plaintiff may recover of the defendant(s) PETER K. MCKENZlE the whole deficiency or so
much thereof as the Court may determine to be just and equitable of the residue of the mortgaged
nf'
debt remaining unsatisfied after the sale of the mortgaged premises and the application of the
proceedings thereof, unless said dertciency was discharged in bankruptcy court, and provided a
motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real
Property Actions and Proceeding Law within 90 days of the delivery of the deed by the Referce,
and the amount thereof is determined and awarded by an order of this Court as provided for in
said action; and itis further
ORDENED, ADJUDGED AND DECREED, that the purchaser or purchasers at such
sale be let into possession on production or delivery of the Referee's Deed or Deeds; and itis
further
ol'
ORDENED, ADJUDGED AND DECREED, thatcach and allof the defendants in this
ol'
action and allpersons claiming under any of them, after the filing of such Notice of Pendency of
this action, be and they hereby are, forever barred and foreclosed of all right,claim. lien,title,
interest and equity of redemption in their said mortgaged premises and each and every part
thereof; and ilis further
ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one
is"
parcel in "as physical order and condition on the day of sale, subject to any state of facts that
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NYSCEF : KINGS149
NO. CLERK 5 1 : p RECEIVED NYSCEF: 06/12/2018
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an inspection of the premises would disclose: any state of facts that an accurate survey of the
premises would show; any covenants, restriction,declaration, reservations, easements, rights of
of' ot'
way and public utilityagreements of record. ifany, any building and zoning ordinances of the
municipality in which the mortgaged premises is located and possible violations of same; any
ol'
rights of tenants or person in possession of the subject premises; prior tien(s) of record, if any,
ol'
except those liens addressed in Section §l354 of the Real Property Actions and Proceedings
Law; any equity of redemption of the tJNITED STATES OF AMERICA to redeem the premises
ol'
within 120 days from the date of sale. Risk of loss shall not pass to purchaser until closing of
title,
~ '~ I
~ ~
e
a so Iiau I
;ai I ls ur iel
ORDERED, that in absence of the Referee, the Court may designate a Substitute Referee
forthwith; and itisfurther
ORDERED, that the Referee appointed herein is subject to the requirements of Rule
ol' Chief'
36.2(c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment
pursuant to the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith;
and itisfurther
of'
ORDERED. that a copy of thisJudgment
.ludgrncnt with Notice of Entry shall be served upon the
ul' of' ot'
designated referee, the owner of the equity of redemption, as of the date this Order, any
tenants named in this action and any other party entitled to notice within twenty days of entry
and no less than thirtydays prior to sale;and itis further
PoHg5ug-
oredeure
Plaintit'I'
ORDERED. that the Plaintiffshall serve a copy of the Notice of Sale upon the Behme.
De Amror
( at icastten (10) days prior to the scheduled sale.
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NYSCEF KINGS
NO. 149 COUNTY CLERK 055 5 1 : 4 P RECEIVED NYSCEF: 06/12/2018
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.
Said premises commonly known as 240 GREENE AVENUE, IlROOKLYN. NY 11238.
A description of said mortgaged premises is annexed hereto and mna a hereof
.1/art r
.I'II;trt as Schedule
A.
H N. a . .AR
Supree ('ot .1ustice
1Pgf®
NANCYT.SUN6HINE
Clerk
Rg
ag
Po
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t.
LO
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Preview
FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 06/12/2018 FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 NYSCEF INDEX NO. 506027/2014 FILED: DOC. NO. KINGS 149 COUNTY CLERK 5 5 : P RECEIVED NYSCEF: 06/12/2018 NYSCEF DOC. NO. 144 RECEI tlÑ3E1506@g7(2AM18 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 rA-i At IAS Port of the Supreme Court ofthe State ofNew York, held in and forthe County of KINGS at the Courthouse. at Civic Ce ter.BROOKLYN.: ew York, on the I' 9.3 day of pof Al.. . 201% PRESENI: HON, NOACH DEAR JUSTICE PRESIDING JPMORGAN CHASE BANK NATIONAI. li'I' ASSOCIATION, SUCCESSOR IN INTEREST BY I'I' PURCHASE FROM TIlE FEDERAL DEPOSIT INSIJRANCE CORPORATION AS RECElVER OF WASHING1ON MiflUAI BANK F/K/A WASillNGTON MU'l UAl. BANK. FA., SUCCESSORIN INTEREST TO NORTll AMERICAN MORTGAGE COMPANY Plaintiff, JUDGMENT OF -vs- FORECLOSURE & SAIE Foreclosure of: 240 GREENE AVENUE BROOKLYN, NY 11238 PETER K. MCKENZlE: SHERREL FARNSWORTH A/K/A SilERREL A. FARNSWORTH; JPMORGAN CIlASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, 1.LC; AMERICAN EXPRESS BANK ()NI..' FSB, CAPITAL ONE HANK; CITY OF NEW ORK TRANSII AD.ItJDICATION BUREAU; NI?W ORK (11 Y ENVIRONMENTAl. CONTROL BOARI. ; RTMEN'I' Ol.' NYC DEPARTMENT .DI.,VA OF FINANCE-PARKING VIOLATIONS BUREAU; WILLIAM DOE; AND I-.' DANIEI .I .EMOORIL Index No.: Defendants, 506027/2014 Block: 1966. I 6t:18 On the Summons, Verified Complaint and Notice ofPendency of Action duly filedin this action on .luly Jllly1. 2014. the Order of Reference dated June 19. 2016 and allproceedings thereon. ol' and on the reading and filing of the Affirmation of FEIN, SUCH & CRANE, I.I.P. Kristin M. of' Mykulak. Esq., of counsel for Plaintiff, dated April 21, 2016, showing that each of the defendants herein have been duly served with the Summons and Complaint in this action. or have volumarily appeared personally or by theirrespective attorneys, and stating that more than (>I' the legally required number of days had elapsed since said defendants were so served and/or 1 of 11 3 of 15 FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 INDEX NO. 506027/2014 NYSCEF FILED DOC. : NO. KINGS 149 COUNTY CLERK 5 5 1 :4 P RECEIVED NYSCEF: 06/12/2018 NYSCEF DOC. NO. 144 RECEI XNMiEp060g7/3M18 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 . appeared; and thatnone ofthe defendants had served any answer to said Complaint, nor had their ot' time to do so been extended; and that the Complaint herein and due Notice of Pendency ol' containing all the particulars required to be stated therein was duly tiled in the Office of the ol' C1crk of the County of KINGS, on the July 1, 2014, and has not been amended to add new parties or to embrace real property not described in the original complaint and pursuant to the Stipulation filed on January 30, 2017, Defendant Peter K. McKenzie consents to the immediate entry of Judgment of Foreclosure and Sale,and expressly waives the appointment of a referee to compute the amounts due and owing under the Note and Mortgage and the filingof a referee's ol' report in connection therewith, and further consents to the sale of that Property by the referee as a single parcel; Upon the Affidavit of Ray Thacker, sworn to on April 26, 2017 attesting to the amounts owed to the PlaintitT; pront'nt' NOW, upon proof of due notice of this application upon allparties who had not waived the same. and upon proofofservice ofthe Order of Reference as provided therein, ON MO'l ION OF FElN, SUCH 4 CRANE LLP, attorneys for the plaintiff,itis: ORDERED, ADJUDGED AND DECREED, that a settlement conference took place in accordance with the Laws of 2009, Chapter 507, Section 3-a, on January 21, 2015; and it is further ORDERED, that the motion isgranted, and itisfurther, ORDERED, ADJUDGED AND DECREED, that the above-described mortgaged premises 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 Real Property Actions and Pmceedings be sold in one parcel, at public auction in RoomÓf King County Supreme Court, 360 'Fcl Adams Street, Brooklyn, New York, 11201, im a Thurst v alternoon at p .M ~T.tvt . V.M . hv and under QQL C4~ PRP2t ~~,yy <» it mid the direction of on Esq.Awho is hereby appointed Referee ha that -5 -- 00 nt' purpose; that the said Heleree shall set the date of sale and give public notice of the time and 5' place of such sale in accordance with RPAPI session 231, in t<< 5 euMf $41 Pldd itis further ORDERED, ADJUDGED AND DECREED, that the Heferee shall conduct the foreclosure sale within ninety days of entry of thisJudgment .1udgnicni of Foreclosure. and itis liirther 2t a of 11 4 of 15 FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 NYSCEF INDEX NO. 506027/2014 FILED DOC. : NO. KINGS149 COUNTY CLERK 05/15/2018 12:41 PM| RECEIVED NYSCEF: 06/12/2018 NYSCEF DOC. NO. 144 RECEI XNMCEP0687dWM)18 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 ORDERED, ADJUDGED AND DECREED, that pursuant to N.Y. R.P A.PL § 1309, or in the alternative within the Court's discretion pursuant toN.Y. R.P.A.PL §l32), the Court hereby 4i4I 0 lrI1, 5<0 I II.g3 calculates the amount due to the PlaintifTto be. . -.. . . ORDERED, ADJUDGED AND DECREED, thatsaid Referee shall accept at such sale the highest bid offered by a responsible bidder, who shall be identified upon the court record. and shall require that such successful bidder immediately pay to the Referce in cash or certified or ol' bank check payable to such Referee, ten percent of the sum bid and shallexecute Terms of Sale iil' for the purchase of the premises. unless such successful bidder is the plaintiff herein, in which case, no deposit against the purchase price shall he required, and itisfurther ORDERED, ADJUDGED AND DECREED, that in the event that the firstsuccessful bidder fails to immediately pay the ten percent deposit as provided herein or failsto execute the Terms of Sale immediately following the bidding upon the subject property, the property shall thereafter immediately, on the same day, he reoffered at auction, and itisfurther I ORDERED, ADJUDGED AND DECREED, thatthe closing of titleshall take place at the office of the Referee or at such other location as the referee shall determine, within forty-five days after such sale unless otherwise stipulated by all parties. The referee shall transfer title p3jy to the successful bidder at the auction. Any delay or adjournment of the closing date beyond forty-five days may be stipulated among the parties, with the Referee's consent, up to ninety days from the date of sale, but any adjournment beyond ninety days may be agreed only with the approval of this Court; and itisfurther ORDERED, ADJUDGED AND DECREED, that the Referee depositall funds received pursuant to this Order in his/her own name as Referee in referees IOLA account maintained thr ol' of' referee' legal clients at a bank within the City of New York or in an FDIC insured bank of the s choice within the City of New York; and itisfurther ORDERED, ADJUDGED AND DECREED. that said Referee on receiving the proceeds of such sale shall forthwith pay therefrom: FJRS f: The statutory fees or commissions of said referee pursuant to CPLR §8003b of' which shall not exceed $500.00 unless the sale price (the amount of the accepted bid) exceeds $50,000.00. In the event the sale price exceeds $50,000.00 an additional compensation il' (including commissions) in excess of $500,00 is sought pursuant to CPLR §8003b and if no surplus monies are produced by the sale. the parties may present a stipulation signed by the 3 of 11 5 of 15 FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 NYSCEF FILED DOC. : NO. KINGS149 COUNTY CLERK RECEIVED INDEX NO. NYSCEF: 506027/2014 06/12/2018 5 : 4 P NYSCEF DOC. NO. 144 RECEI Xu gp06 (2i9'½18 NYSC2F DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 . referee and allparties appearing agreeing to a stated sum to be so ordered by the Court. Where surplus monies may be available following distribution of sums as provided herein, or where the parties are unable to agree to the referec's property compensation under CPI R §8003b, application shall be made to this Court on notice to all parties known to be entitled to claim ol' ol' against any surplus monies, including the defaulting owner of the equity of redemption. Such application shall he promptly submitted to the Court within 5 days of the transfer of the deed and prior to filingthe report of sale. The live day period for payment of surplus money into court as ol' set forth in RPAPL §1354(4), and the 30 day period set forth in RPAPL §1355 for the tilingof of' the report of sale shall be deemed extended pending the decision of the Court regarding such application. In the event a scheduled sale is cancelled or postponed pursuant to CPER §8003u, Plaintiffshall compensate the referee in the sum of $250.00 for each adjournment or cancellation unless the referee has requested the delay. Such compensation may he recouped from the proceeds of sale as a cost to PlaintilT. This order shall constitute the necessary prior authorization forcompensation as set forth herein. No compensation in excess of $750.00 including compensation authorized pursuant to CPLR §8003a for computation of the sum due to Plaintiff, may be accepted by the referee of' nl' without court approval and compliance with the filingprovisions of Section 36.4 of the Rules of the Chief Judge. ol' SECQN12: The expenses of the sale, including the cost of advertising as shown on the bills presented and certified by said Referee to he correct, copies of which shall be annexed to the Report of Sale. TillRI2: Pursuant to Real Property Actions and Proceedings Law §1354. in accordance with their priority according to law, taxes, assessments, sewer rents water rates and any charges placed upon the property by a City agency which have priority over the forcelosed mortgage, which are liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued thereon to the date of payment. Pglg~l' plaintifI' EQURTI1: Said Referee shall then pay to the plaintiff or its attorney the sum of $ Î '9'9 / / J ' ™ lor costs and disbursements in this action to be taxed by the clerk and inserted herein. with interest from the date hereof: together with an additional allowance of nlaintil'I' $ 0 hereby awarded to the alaintilTin addition to costs with interest thereon from the date 9 3 40.'NI.13 hereof. and also the sum of $544984k the said amount so reported due as aloresaid, Ingether 4 of 11 6 of 15 FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 INDEX NO. 506027/2014 NYSCEF FILED DOC. : NO. KINGS149 COUNTY CLERK 5 5 1 :4 P RECEIVED NYSCEF: 06/12/2018 NYSCEF DOC. NO. 144 RECEI NŸ 3Ep06§ 7 M18 NYSCÈF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 . with the interestthereon pursuant to the terms of the Note from March 31, 2017 the date interest ol' was calculated to in the affidavit of Ray Thacker, sworn to April 26. 2017, to the date of entry of this order and thereaner at the statutory post judgment rate to the date of transfer of tide, or so of' much thereof as the purchase money of the mortgaged premises will pay of the same, together with $ 0 hereby awarded to the plaintiff as reasonable legal fees herein, together with any advances as provided ibr in the note and mortgage, which plaintiff may have inade for taxes, insurance, principal and interest and any other charges due to prior mortgages, or to maintain the premises pending consummation of this foreclosure sale,not previously inchided in ot' the computation and upon presentation to the Referee of receipts for said expenditures, 811 together with interest thereon pursuant to the note and mortgage as above provided. Copies of such receipts shall be annexed to the Referee's Report of Sale. Plaintiff shall timely move to confirm the Referee's Report of Sale pursuant to RPAPL §l355. [tis further ORDERED, ADJUDGED AND DECREED that in case the plaintiffbe the purchaser of said mortgaged premises at said sale, said Referee shall not require the plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver only to the plaintiff,a deed of the ol' premises sold upon the payment to said Referee of the sum awarded to him or her under the "SECOND" "THERD" above provisions marked "FIRST", and if such expenses were paid by the referee or in lieuof the payment of said last mentioned amounts, upon filing with said referee of' of' receipts of the proper municipal authorities showing payment thereof. The balance of the amount bid, aller deducting therefrom the aforementioned payments to the referee for compensation and expenses, faxes, assessments, sewer rents, water rates and priority liens of a City agency shall be allowed to the plaintiffand applied by said Referee upon the amounts due to the plaintiff as specified above in item marked "FOURTH". If upon so applying the balance of the amount bid. there shall be a surplus over and above said amounts due to the plaintiff,the plaintiff shall pay to said Referce, upon delivery to PlaintjTTof said Referee's Deed, the amount ot' of such surplus [which shall be applied by the Referee upon motion made pursuant to RPAPL proof' §l35 l(3) and proof satisfactory to the referee of the sums due thereon, to any subordinate mortgage duly recorded against the property, pursuant to RPAPL §l354(3L which payment shall be reported in the Referee 8 Report of Sak,[ Any surplus remaining afterall payments as herein provided shall be deposited into Cour t in accordance with RPAPL §l354(4) und the Referee of' shall immediately give notiec of such surplus to the owner of the mortgaged premises as t' ot' identified by plaintiff at the time of the sale. and itis further: 5 of 11 7 of 15 FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 INDEX NO. 506027/2014 FILED DOC. NYSCEF : KINGS NO. 149 COUNTY CLERK 5 5 14 P RECEIVED NYSCEF: 06/12/2018 NYSCEF DOC. NO. 144 RECEf XNWCEp06 27//1250/018 NYSCÈF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 . ORDERED, ADJUDGED AND DECREED that said Referee take the receipt of the plaintiffor plaintiffs attorney for the amounts paid as hereinbefore directed in item marked il' "FOURTH", and fileitwith his/her report of sale; that he/she deposit the surplus monics, if any, with the KINGS County CIcrk within five days after the same shall be received unless such period be deemed extended by the filingof an application for additional compensation as set forthherein, to the credit of this action, to be withdrawn only on the written order of the Court, signed by a Justice of the Court, that the said Referee make his/her Report of such sale under oath showing the disposition of the proceeds of the sale, accompanied by the vouchers of the person to whom the payment was made and fileitwith the Clerk of the County of KINGS with a copy to the Chambers of the Appointing Justice within thirtydays after completing the sale and executing the proper conveyance to the purchaser or within 30 days of the decision of the court with respect to any application for additional compensation; and itisfurther ORDERED, ADJUDGED AND DECREED, that if the proceeds of such sale be insufficient to pay the amount reported due to the plaintiffwith interest and costs as aforesaid, the plaintiff may recover of the defendant(s) PETER K. MCKENZlE the whole deficiency or so much thereof as the Court may determine to be just and equitable of the residue of the mortgaged nf' debt remaining unsatisfied after the sale of the mortgaged premises and the application of the proceedings thereof, unless said dertciency was discharged in bankruptcy court, and provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions and Proceeding Law within 90 days of the delivery of the deed by the Referce, and the amount thereof is determined and awarded by an order of this Court as provided for in said action; and itis further ORDENED, ADJUDGED AND DECREED, that the purchaser or purchasers at such sale be let into possession on production or delivery of the Referee's Deed or Deeds; and itis further ol' ORDENED, ADJUDGED AND DECREED, thatcach and allof the defendants in this ol' action and allpersons claiming under any of them, after the filing of such Notice of Pendency of this action, be and they hereby are, forever barred and foreclosed of all right,claim. lien,title, interest and equity of redemption in their said mortgaged premises and each and every part thereof; and ilis further ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one is" parcel in "as physical order and condition on the day of sale, subject to any state of facts that 6 of 11 8 of 15 FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 COUNTY ~ INDEX NO. 506027/2014 FILED DOC. NYSCEF : KINGS149 NO. CLERK 5 1 : p RECEIVED NYSCEF: 06/12/2018 NYSCEF DOC. NO. 144 RECEI Epo6@gfd M18 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 . an inspection of the premises would disclose: any state of facts that an accurate survey of the premises would show; any covenants, restriction,declaration, reservations, easements, rights of of' ot' way and public utilityagreements of record. ifany, any building and zoning ordinances of the municipality in which the mortgaged premises is located and possible violations of same; any ol' rights of tenants or person in possession of the subject premises; prior tien(s) of record, if any, ol' except those liens addressed in Section §l354 of the Real Property Actions and Proceedings Law; any equity of redemption of the tJNITED STATES OF AMERICA to redeem the premises ol' within 120 days from the date of sale. Risk of loss shall not pass to purchaser until closing of title, ~ '~ I ~ ~ e a so Iiau I ;ai I ls ur iel ORDERED, that in absence of the Referee, the Court may designate a Substitute Referee forthwith; and itisfurther ORDERED, that the Referee appointed herein is subject to the requirements of Rule ol' Chief' 36.2(c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and itisfurther of' ORDERED. that a copy of thisJudgment .ludgrncnt with Notice of Entry shall be served upon the ul' of' ot' designated referee, the owner of the equity of redemption, as of the date this Order, any tenants named in this action and any other party entitled to notice within twenty days of entry and no less than thirtydays prior to sale;and itis further PoHg5ug- oredeure Plaintit'I' ORDERED. that the Plaintiffshall serve a copy of the Notice of Sale upon the Behme. De Amror ( at icastten (10) days prior to the scheduled sale. 7 of 11 9 of 15 FILED: KINGS COUNTY CLERK 06/12/2018 11:19 AM INDEX NO. 506027/2014 INDEX NO. 506027/2014 FILED: DOC. NYSCEF KINGS NO. 149 COUNTY CLERK 055 5 1 : 4 P RECEIVED NYSCEF: 06/12/2018 NYSCEF DOC. NO. 144 RECEIMŸBt-El596@97/fgjD2018 NYSCÊF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 . Said premises commonly known as 240 GREENE AVENUE, IlROOKLYN. NY 11238. A description of said mortgaged premises is annexed hereto and mna a hereof .1/art r .I'II;trt as Schedule A. H N. a . .AR Supree ('ot .1ustice 1Pgf® NANCYT.SUN6HINE Clerk Rg ag Po O t. LO 8 of 11 10 of 15