Preview
FILED: KINGS COUNTY CLERK 07/17/2018 04:58 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 07/17/2018
FILED: KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/17/2018
04/20/2018 04:58 PM INDEX
INDEX NO.
NO. 506027/2014
506027/2014
FILED: 09:05 AM
NYSCEF'
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 176
143 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/17/2018
04/20/2018
cÃ-i
At IAS Part of the
Supreme Court of the State of New
tlf)»»t'
York, held in and for the County of
KINGS at the Courthouse, at Civic.
Ce1ter, BROOKLYN, . ew York, on the
»!;,'
day of
g g(
J)i
( 4,
o)o . 201%
PRESENT: HON. NOACH DEAR
' '
JUSTICE
.IUSTI('.I:.PRESIDING
JPMORGAN
.lf CHASE BANK, NATIONAL
»A
ASSOCIATION, SUCCESSOR IN INTEREST BY
I'OSI'I'
PURCHASE FROM TIlE FEDERAL DEPOSIT
f()X'
INSURANCE CORPORATION AS RECEIVER OF
WASHINGTON MUTUAL BANK F/K/A WASHINGTON
MUTUAL BANK. . FA., SUCCESSOR IN INTEREST
TO NORTII AMERICAN
. MORTGAGE
.'v1( .COMPANY
I)('III:iN'I'
Plaintiff, JUDGMENT
,fl.
,jI.JB(;"'MF.NT OF
-vs- FORECLOSURE
&
~k SALE
Foreclosure of:
.'-ll)
240 GREENE AVENUE
l.'.'
'
BROOKLYN, NY 11238
PETER K. MCKENZIE; SHERREL FARNSWORTH
A/K/A SHERREL A. FARNSWORTH; JPMORGAN
IASI.'
CIIASE BANK, N.A.; RAB PERFORMANCE
C.
RECOVERIES, 11 C; AMERICAN EXPRESS BANK
FSB, CAPITAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD;
I)EPARTMI,N'I'
DEPARTMI.N'I'
NYC DEPARTMENT OF FINANCE-PARKING
VIOLATIONS BUREAU; WILLIAM DOE; AND
DANIELLE MOORE, Index No.:
Defendants. 506027/2014
Block: 1966 1.ot: 18
On the Summons, Verified Complaint and Notice of Pendency of Action duly filed in this
action on July
.IUly 1, 2014, the Order of Reference dated June
.lurle19. 2016 and all proceedings thereon:
and on the reading and filing of the Affirmation of FEIN, SUCH & CRANE, I IP, Kristin M.
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 voluntarily appeared personally or by their respective attorneys, and .JL'111
stating that more than
iif' and/<)I'
the legally required number of days had elapsed since said defendants were so served and/or
1 of 11
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/17/2018
04/20/2018 04:58
09:05 PM INDEX
INDEX NO.
NO. 506027/2014
506027/2014
AM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 176
143 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/17/2018
04/20/2018
of'
appeared; and that none of the defendants had served any answer to said Complaint, nor had their
of'
time to do so been extended; and that the Complaint herein and due Notice of Pendency
containing all the particulars required to be stated therein was duly filed in the Office of the
Clerk 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
of'
compute the amounts due and owing under the Note and Mortgage and the filing of a referee's
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 Plaintiff;
„
NOW, upon proof of due notice of this application upon all parties who had not waived
the same, and upon proof of service of the Order of Reference as provided therein,
I.
eerir r rn -u ——. l'f' L- 1 ' a Q'
MOTION OF FEIN, SUCH & 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 is granted, and itis further,
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 Proceedings
Law, be sold in one parcel, at public auction in Room f King County Supreme Court, 360
PA
Adams New 1 1201, on a QSl
Street, Brooklyn,
(ii"
York,
sen Dh
Thursd
t~sStcsw
afternoon
pw pe
hetcttt'
at
p vy
.M.,
we
by and under
the direction of all, . Esq.Awho is hereby appointed Referee for that
-5 - '100
OO
purpose; that the said Referee shall set the date of sale and give public notice of the time and
place of such sale in accordance with RPAPL Section 231, in g e +tntttL, Wfdd
itis further
ORDERED, ADJUDGED AND DECREED, that the Referee shall conduct the
foreclosure sale within ninety days of entry of this Judgment of Foreclosure, and itis further
2 of 11
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/17/2018
04/20/2018 04:58
09:05 $
PM INDEX
INDEX NO.
NO. 506027/2014
506027/2014
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 176
143 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/17/2018
04/20/2018
ORDERED, ADJUDGED AND DECREED, that pursuant to N.Y. R.P.A.P.L. § 1309, or
in the alternative within the Court's discretion pursuant to N.Y. R.P.A.P.L. §l321, the Court hereby
+yogini. ~3
calculates the amount due to the Plaintiff to be
ORDERED, ADJUDGED AND DECREED, that said 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 Referee in cash or certified or
of'
bank check payable to such Referee, ten percent of the sum bid and shall execute Terms of Sale
of'
for the purchase of the premises, unless such successful bidder is the plaintiff herein, in which
case, no deposit against the purchase price shall be required, and itis further
ORDERED, ADJUDGED AND DECREED, that in the event that the first successful
bidder failsto 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, be reoffered at auction, and itis further
ORDERED, ADJUDGED AND DECREED, that the closing of title shall 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 allparties. The referee shall transfer titleonly
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 itis further
ORDERED, ADJUDGED AND DECREED, that the Referee deposit all funds received
pursuant to this Order in his/her own name as Referee in referee's IOLA account maintained for
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 itis further
ORDERED, ADJUDGED AND DECREED, that said Referee on receiving the
proceeds of such sale shall forthwith pay therefrom:
FIRST; The statutory fees or commissions of said referee pursuant to CPLR §8003b
ot'
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
it'
(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
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/17/2018
04/20/2018 04:58
09:05 $
PM INDEX
INDEX NO.
NO. 506027/2014
506027/2014
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 176
143 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/17/2018
04/20/2018
referee and all parties 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 referee's property compensation under CPLR §8003b,
application shall be made to this Court on notice to all parties known to be entitled to claim
against any surplus monies, including the defaulting owner of the equity of redemption. Such
application shall be promptly submitted to the Court within 5 days of the transfer of the deed and
prior to filing the report of sale. The five day period for payment of surplus money into court as
set forth in RPAPL §l354(4), and the 30 day period set forth in RPAPL §l355 for the filing 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 CPLR §8003a,
Plaintiff shall compensate the referee in the sum of $250.00 for each adjournment or cancellation
unless the referee has requested the delay. Such compensation may be recouped from the
of'
proceeds of sale as a cost to Plaintiff. This order shall constitute the necessary prior
authorization for compensation 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
o
pursuant to CPLR Sec.
gyp
8301(a)
Court
,,mc
Processing Fees
osts
at'i~I
at $ /A o
90
ge
00
LZ/~'
This~day of .
/
Clerk of Court Kings County
NANCY T.SUNSHWE
~ Clerk
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/17/2018
04/20/2018 04:58
09:05 PM INDEX
INDEX NO.
NO. 506027/2014
506027/2014
AM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 176
143 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/17/2018
04/20/2018
Fee for request for Judicial Intervention 95.00
Total 6
Dated: June 1, 2017
Craig , Esq.
11 of 11
Preview
FILED: KINGS COUNTY CLERK 07/17/2018 04:58 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 07/17/2018 FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 04/20/2018 04:58 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 FILED: 09:05 AM NYSCEF' NYSCEF NYSCEF DOC. DOC. NO. NO. 176 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/17/2018 04/20/2018 cÃ-i At IAS Part of the Supreme Court of the State of New tlf)»»t' York, held in and for the County of KINGS at the Courthouse, at Civic. Ce1ter, BROOKLYN, . ew York, on the »!;,' day of g g( J)i ( 4, o)o . 201% PRESENT: HON. NOACH DEAR ' ' JUSTICE .IUSTI('.I:.PRESIDING JPMORGAN .lf CHASE BANK, NATIONAL »A ASSOCIATION, SUCCESSOR IN INTEREST BY I'OSI'I' PURCHASE FROM TIlE FEDERAL DEPOSIT f()X' INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK. . FA., SUCCESSOR IN INTEREST TO NORTII AMERICAN . MORTGAGE .'v1( .COMPANY I)('III:iN'I' Plaintiff, JUDGMENT ,fl. ,jI.JB(;"'MF.NT OF -vs- FORECLOSURE & ~k SALE Foreclosure of: .'-ll) 240 GREENE AVENUE l.'.' ' BROOKLYN, NY 11238 PETER K. MCKENZIE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN IASI.' CIIASE BANK, N.A.; RAB PERFORMANCE C. RECOVERIES, 11 C; AMERICAN EXPRESS BANK FSB, CAPITAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; I)EPARTMI,N'I' DEPARTMI.N'I' NYC DEPARTMENT OF FINANCE-PARKING VIOLATIONS BUREAU; WILLIAM DOE; AND DANIELLE MOORE, Index No.: Defendants. 506027/2014 Block: 1966 1.ot: 18 On the Summons, Verified Complaint and Notice of Pendency of Action duly filed in this action on July .IUly 1, 2014, the Order of Reference dated June .lurle19. 2016 and all proceedings thereon: and on the reading and filing of the Affirmation of FEIN, SUCH & CRANE, I IP, Kristin M. 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 voluntarily appeared personally or by their respective attorneys, and .JL'111 stating that more than iif' and/<)I' the legally required number of days had elapsed since said defendants were so served and/or 1 of 11 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 04/20/2018 04:58 09:05 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 176 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/17/2018 04/20/2018 of' appeared; and that none of the defendants had served any answer to said Complaint, nor had their of' time to do so been extended; and that the Complaint herein and due Notice of Pendency containing all the particulars required to be stated therein was duly filed in the Office of the Clerk 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 of' compute the amounts due and owing under the Note and Mortgage and the filing of a referee's 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 Plaintiff; „ NOW, upon proof of due notice of this application upon all parties who had not waived the same, and upon proof of service of the Order of Reference as provided therein, I. eerir r rn -u ——. l'f' L- 1 ' a Q' MOTION OF FEIN, SUCH & 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 is granted, and itis further, 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 Proceedings Law, be sold in one parcel, at public auction in Room f King County Supreme Court, 360 PA Adams New 1 1201, on a QSl Street, Brooklyn, (ii" York, sen Dh Thursd t~sStcsw afternoon pw pe hetcttt' at p vy .M., we by and under the direction of all, . Esq.Awho is hereby appointed Referee for that -5 - '100 OO purpose; that the said Referee shall set the date of sale and give public notice of the time and place of such sale in accordance with RPAPL Section 231, in g e +tntttL, Wfdd itis further ORDERED, ADJUDGED AND DECREED, that the Referee shall conduct the foreclosure sale within ninety days of entry of this Judgment of Foreclosure, and itis further 2 of 11 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 04/20/2018 04:58 09:05 $ PM INDEX INDEX NO. NO. 506027/2014 506027/2014 NYSCEF NYSCEF DOC. DOC. NO. NO. 176 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/17/2018 04/20/2018 ORDERED, ADJUDGED AND DECREED, that pursuant to N.Y. R.P.A.P.L. § 1309, or in the alternative within the Court's discretion pursuant to N.Y. R.P.A.P.L. §l321, the Court hereby +yogini. ~3 calculates the amount due to the Plaintiff to be ORDERED, ADJUDGED AND DECREED, that said 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 Referee in cash or certified or of' bank check payable to such Referee, ten percent of the sum bid and shall execute Terms of Sale of' for the purchase of the premises, unless such successful bidder is the plaintiff herein, in which case, no deposit against the purchase price shall be required, and itis further ORDERED, ADJUDGED AND DECREED, that in the event that the first successful bidder failsto 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, be reoffered at auction, and itis further ORDERED, ADJUDGED AND DECREED, that the closing of title shall 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 allparties. The referee shall transfer titleonly 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 itis further ORDERED, ADJUDGED AND DECREED, that the Referee deposit all funds received pursuant to this Order in his/her own name as Referee in referee's IOLA account maintained for 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 itis further ORDERED, ADJUDGED AND DECREED, that said Referee on receiving the proceeds of such sale shall forthwith pay therefrom: FIRST; The statutory fees or commissions of said referee pursuant to CPLR §8003b ot' 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 it' (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 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 04/20/2018 04:58 09:05 $ PM INDEX INDEX NO. NO. 506027/2014 506027/2014 NYSCEF NYSCEF DOC. DOC. NO. NO. 176 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/17/2018 04/20/2018 referee and all parties 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 referee's property compensation under CPLR §8003b, application shall be made to this Court on notice to all parties known to be entitled to claim against any surplus monies, including the defaulting owner of the equity of redemption. Such application shall be promptly submitted to the Court within 5 days of the transfer of the deed and prior to filing the report of sale. The five day period for payment of surplus money into court as set forth in RPAPL §l354(4), and the 30 day period set forth in RPAPL §l355 for the filing 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 CPLR §8003a, Plaintiff shall compensate the referee in the sum of $250.00 for each adjournment or cancellation unless the referee has requested the delay. Such compensation may be recouped from the of' proceeds of sale as a cost to Plaintiff. This order shall constitute the necessary prior authorization for compensation 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 o pursuant to CPLR Sec. gyp 8301(a) Court ,,mc Processing Fees osts at'i~I at $ /A o 90 ge 00 LZ/~' This~day of . / Clerk of Court Kings County NANCY T.SUNSHWE ~ Clerk FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 04/20/2018 04:58 09:05 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 176 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/17/2018 04/20/2018 Fee for request for Judicial Intervention 95.00 Total 6 Dated: June 1, 2017 Craig , Esq. 11 of 11