Preview
FILED: KINGS COUNTY CLERK 07/17/2018 04:58 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 07/17/2018
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/17/2018
05/15/2018 04:58
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STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, SUCCESSOR IN INTEREST BY
PURCHASE FROM THE FEDERAL DEPOSIT
INSURANCE CORPORATION AS RECEIVER OF
WASHINGTON MUTUAL BANK F/K/A WASHINGTON
MUTUAL BANK, FA., SUCCESSOR IN INTEREST
TO NORTH AMERICAN MORTGAGE COMPANY,
Plaintiff, NOTICE OF
ENTRY
-vs-
PETER K. MCKENZIE; SHERREL FARNSWORTH
A/K/A SHERREL A. FARNSWORTH; JPMORGAN
CHASE BANK, N.A.; RAB PERFORMANCE
RECOVERIES, LLC; AMERICAN EXPRESS BANK
FSB, CAPITAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD;
NYC DEPARTMENT OF FINANCE-PARKING
VIOLATIONS BUREAU; WILLIAM DOE; AND
DANIELLE MOORE, Index No. 506027/2014
Defendants.
TO WHOM IT MAY CONCERN:
PLEASE TAKE NOTICE that within is a true copy of the Judgment of Foreclosure and
Sale duly entered in the office of the clerk within the named court on April 20,2018.
1')
Dated: May Ê, 2018
Yours Etc.,
Craig K. Beideman, Esq.
FE1N, SUCH & CRANE, LLP
28 East Main Street, Suite 1800
Rochester, NY 14614
To:
Joel Abramson, Esq.
271 Madison Avenue, Floor 22
New York, NY 10016
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Peter K. McKenzie
50 Lexington Avenue
New York, NY 10010
James Thomas
Thomas & Spikes, LLP
Attorney for Non-Answering Defendant:
Sherrel Farnsworth a/k./a
Sherrel A. Farnsworth
2nd
111 Court Street, FlOOr
Brooklyn, NY 11201
Danielle Moore
l't
240 Greene Avenue, Floor
Brooklyn, NY 11238
"Doe"
William
3'
240 Greene Avenue, 3rdFlOOr
Brooklyn, NY 11238
JPMorgan Chase Bank, N.A.
C/O CT Corp
8th 13'"
Avenue, 13thFlOOr
New York, NY 10011
American Express Bank FSB
C/O CT Corp.
8th 13th
111 Avenue, 13 FlOOr
New York, NY 10011
CapitalOne Bank
C/O CT Corporation Service Company
80 State Street
Albany, NY 12207
City of New York Transit Adjudication Bureau
130 Livingston
Brooklyn, NY 11201
New York City Environmental Control Board
100 Church Street
New York, NY 10007
NYC Department of Finance-Parking Violations Bureau
100 Church Street
New York, NY 10007
Re: Notice of Entry for Judgment of Foreclosure and Sale
Co Sup Ct # 506027/2014
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rA-i
At IAS Pad of the
Supreme Court ofthe State ofNew
York, held in and for the County of
KINGS at the Courthouse. at Civic
Ce ter.BROOKLYN. bew York, on the
ol'
Q.3 day of pcLc W . 201%
PRESEN1: HON, NOACH DEAR
JUSTICE PRESIDING
JPMORGAN CHASE BANK, NATIONAI
INTERI;:8'I'
ASSOCIATION, SUCCESSOR IN LNTEREST BY
I'I'
PURCHASE FROM TIlE FEDERAL DEPOSIT
I'
INSURANCE CORPORATION AS RECEIVER OF
WASHING l'ON MUTUAI BANK F/K/A WASillNGTON
IN'I'ERL'S'I'
MU'IUAI BANK. FA., SUCCESSOR IN INTEREST
TO NORTIl AMERICAN MORTGAGE COMPANY
Plaintiff, JUDGMENT OF
-vs- FORECI.OSURF,'
FORECLOSURE
& SAI E
Foreclosure of:
240 GREENE AVENUE
BROOKLYN, NY 11238
PETER K. MCKENZlE: SHERREL FARNSWORTH
A/K/A SHERREL A. FARNSWORTH; JPMORGAN
CIIASE BANK, N.A.; RAB PERFORMANCE
RECOVERIES, 11C; AMERICAN EXPRESS BANK
()NI..'
FSB, CAPITAL ONE BANK; CITY OF NEW YORK
TRANSII AD.iUDICATION BURf?AU; Nl?W YORK
rll Y ENVIRfwiMENTAl. CONTROL BOAR1 ;
NYC DEPARTMENT OF FINANCE-PARKING
VIOLATIONS BUREAU; WILLIAM DOE; AND
DANIELI.E MOORIL Index No.:
Defendants, 506027/2014
Block: 1966 Lót: 18
On the Summons, Verified Complaint and Notice of Pendency of Action duly filed in this
action on July L 2014. the Order of Reference dated June 19. 2016 and allproceedings thercon:
and on the reading and filing of the Affirmation of FEIN, SUCH & CRANE, IlP. Kristin M.
of'
Mykulak. Esq.. of counsel for Plaintiff, dated April 21, 2016, showing that each of the
oi'
defendants herein have been duly served with the Summons and Complaint in this action. or
have voluntarily appeared personally or by their respeerive attorneys, and stating that more than
since said were sn served lul(1/nl'
the legally required number of days had elapsed defendants and/or
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appeared; and that none of the defendants had served any answer to said Complaint, nor had their
exten(fed' ot'
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
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 Afridavit of Ray Thacker, sworn to on April 26, 2017 attesting to the amounts
owed to the Plaintiff;
proof' of' of'
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,
ON MOUCN OF SUCH 4 CRANE LLP, attorneys 0 the lal e'fF
plaintiff,itis:
FE1N,
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 itis
further
ORDERED, thatthe 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
849
P4 l
be sold in one parcel, at public auction in RoomÓf King County Supreme Court, 360
Adams Street, Brooklyn, New Ynrk, 11201, on a Thursd v afternoon at ~V.h$
W@. theCourt hereby
5')0 ) tl.Q
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 cr certified or
of'
bank check payable to such Referee, ten percent of the sum bid and shall execute Terms of Sale
f' ilf'
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 fails to execute the
of Sale immediately following the bidding upon the subject property, the pmperty shall
thereafter immediately, on the same day, be reoffered at auction, and itis further
ORDERED, ADJUDGED AND DECREED, that the closing of titleshall take place at
the office ofthe Referee or at such other location as the referee shall determine, within forty-five
days aftersuch sale unless otherwise stipulated by all parties, The referee shall transfer titleonjy
to the successful bidder at the auction. Any delay or adjournment of the closing date beyond
forty-tive 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, thatthe Referee deposit all funds received
f'
pursuant to this Order in his/her own name as Referee in referee's IOLA account maintained thr
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:
FIRS f: The statutory fees or commissions of said referee pursuant to CPLR §8003b
ol'
which shall not exceed $500.00 unless the sale price (the amount of the accepted bid) exceeds
$50,000.00.
,'S50,000,00. 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 §8003h
q~800.'~hand if no
surplus monies are produced by the sale. the parties may present a stipulation signed by the
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FILED : KINGS
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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 CPIR §8003b,
application shall be made to this Court on notice to allparties 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
f'
prior to filing the report of sale. The live day period for payment of surplus money into court as
al'
ol'
set forth in RPAPL §1354(4), and the 30 day period set forth in RPAPL §l355 for the filing of
of'
the report of sale shan 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 §8003a,
Plaintiff shall compensate the referee in the sum of $250.00 foreach adjournment or cancellation
unless the referee has requested the delay. Such compensation may be recouped from the
proceeds of sale as a cost to PlaintilT. 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
iil'
ul'
without court approval and compliance with the filing provisions of Section 36.4 of the Rules of
the Chief Judge.
SECOND: Theexpenses of the sale, including the cost of advertising as shown on the
billspresented and certified by said Referee to be correct, copies of which shall be annexed to
the Report of Sale.
THIRD: Pursuant to Real Property Actions and Proceedings Law §l354, 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.
FOURT)1: Said Referee shall then pay to the plaintiff or its attorney the sum of
$ Î W
/ / KJ
'™ for costs and disbursements in this action to be taxed by the clerk and
ol'
inserted herein. with interest from the date hereof: together with an additional allowance of
t)ll)intif'I'
D hereby awarded to the alaintiffin addition to costs with interest thereon from the date
S
3 5~~~1.~C
5~0,"7'1I.OE
hereof. and also the sum of $54M½lMk the said amount so
sii))olll)i reported due as aforesaid, together
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FILED: KINGS
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with the interest thereon pursuant to the terms of the Note from March 31, 2017 the date interest
of> ot'
was calculated to in the affidavit of Ray whacker, sworn to April 26, 2017, to the date of entry of
OI'del' O)l'
this order and thereaner at the statutory post judgment rate to the date of transfer of tide. or so
of' logclhcl'
much thereof as the purchase money of the mortgaged premises will pay of the same, together
with 5 0 hereby awarded to the plaintiff as reasonable legal fees herein, together
with uny advances as provided for in the note and mortgage, which plaintiff may have made 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 included in
f'
the computation and upon presentation to the Referec of receipts for said expenditures, all
together with interest thereon pursuant to the note and mortgage as above provided. Copies of
Phlintifl>
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 plaintiff be the purchaser
of said mortgaged premises at said sale,said Referee shall not require the plaintiff to pay in cash
nlainliA' of"
the entire amount bid at said sale, but shallexecute and deliver only to the plaintiff,a deed of the
premises sold upon the payment to said Referee of the sum awarded to him or her under the
"SECOND" "THIRD"
above provisions marked "FIRST", and if such expenses were paid by
the referee or in lieu of the payment of said last mentioned amounts, upon filing with said referee
of'
receipts of the proper municipal authorities showing payment thereof. The balance of the
amount bid, aller deducting therefrom the aforementioned payments to the referce for
compensation and expenses, laxes, 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 specilled 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
plaintiffshall pay to said Referee, upon delivery to Plaintiff of said Referee's Deed, the amount
of such surplus [which shall be applied by the Referee upon motion made pursuant to RPAPL
ploof'
§l35!(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
()l'
be reported in the Referee s Report of Sale.] Any surplus remaining afterall payments as herein
provided shall be deposited into Court in accordance with RPAPL §l 354(4) and
<»)d the Referee
ownel'
shall immediately give notice of such surplus to the owner of the mortgaged premises as
identitled by plaintiff at the time of the sale.and itis further:
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FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/17/2018
05/15/2018 04:58
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NYSCÉF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018
ORDERED, ADJUDGED AND DECREED that said Referee take the receipt of the
plaintif'f'
plaintiff or plaintiffs attorney for the amounts paid as hereinbefore directed in item marked
il'
"FOURTtl", and fileitwith his/her report of sale; that he/she deposit the surplus monies, if
five days af'tci" same shall be such
any, with the KINGS County Clerk within after the received unless
period be deemed extended by the filing of an application for additional compensation as set
ol'
forth herein, 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
of'
oath the disposition of the proceeds of the sale, accompanied by the vouchers of the
showing
person to whom the payment was made and file itwith the Clerk of the County of KINGS with a
of'
copy to the Chambers of the Appointing Justice within thirtydays after completing the sale and
the proper conveyance to the purchaser or within 30 days of the decision of the court
executing
with respect to any application foradditional compensation; and itis further
ORDERED, ADJUDGED AND DECREED, that if the proceeds of such sale be
insufficient to pay the amount reported due to the plaintiff with interest and costs as aforesaid,
the plaintiffmay 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
of'
debt unsatisfied after the sale of the mortgaged premises and the application of the
remaining
proceedings thereof, unless said deficiency 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,
f'
and the amount thereof is determined and awarded by an order of this Court as provided for in
said action; and itis further
ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such
sale be letinto possession on production or delivery of the Referee's Deed or Deeds; and it is
further
of'
ORDERED, ADJUDGED AND DECREED, that each and allof the defendants in this
of'
ol'
action and allpersons under any of them, after the filingof such Notice of Pendency of
claiming
thisaction. 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 itis 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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FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/17/2018
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.
of'
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
way and public utility agreements of record. if any, any building and zoning ordinances of the
sanle,'
municipality in which the mortgaged premises is located and possible violations of same; any
of' of'
rights of tenants or person in possession of the subject premises; prior lien(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 UNITED STATES OF AMERICA to redeem the premises
ot'
within 120 days from the date of sale Risk of loss shall not pass to purchaser until closing of
title
I
Preview
FILED: KINGS COUNTY CLERK 07/17/2018 04:58 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 07/17/2018 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 05/15/2018 04:58 12:41 PM INDEX INDEX NO. NO. 506027/2014 5 0 6 0 2 7 / 2 0 14 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 177 144 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/17/2018 05/15/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA., SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NOTICE OF ENTRY -vs- PETER K. MCKENZIE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN CHASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN EXPRESS BANK FSB, CAPITAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF FINANCE-PARKING VIOLATIONS BUREAU; WILLIAM DOE; AND DANIELLE MOORE, Index No. 506027/2014 Defendants. TO WHOM IT MAY CONCERN: PLEASE TAKE NOTICE that within is a true copy of the Judgment of Foreclosure and Sale duly entered in the office of the clerk within the named court on April 20,2018. 1') Dated: May Ê, 2018 Yours Etc., Craig K. Beideman, Esq. FE1N, SUCH & CRANE, LLP 28 East Main Street, Suite 1800 Rochester, NY 14614 To: Joel Abramson, Esq. 271 Madison Avenue, Floor 22 New York, NY 10016 1 of 15 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 05/15/2018 04:58 12:41 PM INDEX INDEX NO. NO. 506027/2014 5 0 6 0 2 7 / 2 0 14 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 177 144 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/17/2018 05/15/2018 Peter K. McKenzie 50 Lexington Avenue New York, NY 10010 James Thomas Thomas & Spikes, LLP Attorney for Non-Answering Defendant: Sherrel Farnsworth a/k./a Sherrel A. Farnsworth 2nd 111 Court Street, FlOOr Brooklyn, NY 11201 Danielle Moore l't 240 Greene Avenue, Floor Brooklyn, NY 11238 "Doe" William 3' 240 Greene Avenue, 3rdFlOOr Brooklyn, NY 11238 JPMorgan Chase Bank, N.A. C/O CT Corp 8th 13'" Avenue, 13thFlOOr New York, NY 10011 American Express Bank FSB C/O CT Corp. 8th 13th 111 Avenue, 13 FlOOr New York, NY 10011 CapitalOne Bank C/O CT Corporation Service Company 80 State Street Albany, NY 12207 City of New York Transit Adjudication Bureau 130 Livingston Brooklyn, NY 11201 New York City Environmental Control Board 100 Church Street New York, NY 10007 NYC Department of Finance-Parking Violations Bureau 100 Church Street New York, NY 10007 Re: Notice of Entry for Judgment of Foreclosure and Sale Co Sup Ct # 506027/2014 2 of 15 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 05/15/2018 04:58 12:41 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 177 144 RECEIVED RECEI Ep06 NYSCEF: 07/17/2018 7/ pH18 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 rA-i At IAS Pad of the Supreme Court ofthe State ofNew York, held in and for the County of KINGS at the Courthouse. at Civic Ce ter.BROOKLYN. bew York, on the ol' Q.3 day of pcLc W . 201% PRESEN1: HON, NOACH DEAR JUSTICE PRESIDING JPMORGAN CHASE BANK, NATIONAI INTERI;:8'I' ASSOCIATION, SUCCESSOR IN LNTEREST BY I'I' PURCHASE FROM TIlE FEDERAL DEPOSIT I' INSURANCE CORPORATION AS RECEIVER OF WASHING l'ON MUTUAI BANK F/K/A WASillNGTON IN'I'ERL'S'I' MU'IUAI BANK. FA., SUCCESSOR IN INTEREST TO NORTIl AMERICAN MORTGAGE COMPANY Plaintiff, JUDGMENT OF -vs- FORECI.OSURF,' FORECLOSURE & SAI E Foreclosure of: 240 GREENE AVENUE BROOKLYN, NY 11238 PETER K. MCKENZlE: SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN CIIASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, 11C; AMERICAN EXPRESS BANK ()NI..' FSB, CAPITAL ONE BANK; CITY OF NEW YORK TRANSII AD.iUDICATION BURf?AU; Nl?W YORK rll Y ENVIRfwiMENTAl. CONTROL BOAR1 ; NYC DEPARTMENT OF FINANCE-PARKING VIOLATIONS BUREAU; WILLIAM DOE; AND DANIELI.E MOORIL Index No.: Defendants, 506027/2014 Block: 1966 Lót: 18 On the Summons, Verified Complaint and Notice of Pendency of Action duly filed in this action on July L 2014. the Order of Reference dated June 19. 2016 and allproceedings thercon: and on the reading and filing of the Affirmation of FEIN, SUCH & CRANE, IlP. Kristin M. of' Mykulak. Esq.. of counsel for Plaintiff, dated April 21, 2016, showing that each of the oi' defendants herein have been duly served with the Summons and Complaint in this action. or have voluntarily appeared personally or by their respeerive attorneys, and stating that more than since said were sn served lul(1/nl' the legally required number of days had elapsed defendants and/or 1 of 11 3 of 15 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 05/15/2018 04:58 12:41 PM INDEX INDEX NO. NO. 506027/2014 50 6027 /2014 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 177 144 RECEIVED RECEIWXNŸ NYSCEF: 07/17/2018 GE§06Qg7f 9 18 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 appeared; and that none of the defendants had served any answer to said Complaint, nor had their exten(fed' ot' 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 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 Afridavit of Ray Thacker, sworn to on April 26, 2017 attesting to the amounts owed to the Plaintiff; proof' of' of' 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, ON MOUCN OF SUCH 4 CRANE LLP, attorneys 0 the lal e'fF plaintiff,itis: FE1N, 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 itis further ORDERED, thatthe 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 849 P4 l be sold in one parcel, at public auction in RoomÓf King County Supreme Court, 360 Adams Street, Brooklyn, New Ynrk, 11201, on a Thursd v afternoon at ~V.h$ W@. theCourt hereby 5')0 ) tl.Q 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 cr certified or of' bank check payable to such Referee, ten percent of the sum bid and shall execute Terms of Sale f' ilf' 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 fails to execute the of Sale immediately following the bidding upon the subject property, the pmperty shall thereafter immediately, on the same day, be reoffered at auction, and itis further ORDERED, ADJUDGED AND DECREED, that the closing of titleshall take place at the office ofthe Referee or at such other location as the referee shall determine, within forty-five days aftersuch sale unless otherwise stipulated by all parties, The referee shall transfer titleonjy to the successful bidder at the auction. Any delay or adjournment of the closing date beyond forty-tive 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, thatthe Referee deposit all funds received f' pursuant to this Order in his/her own name as Referee in referee's IOLA account maintained thr 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: FIRS f: The statutory fees or commissions of said referee pursuant to CPLR §8003b ol' which shall not exceed $500.00 unless the sale price (the amount of the accepted bid) exceeds $50,000.00. ,'S50,000,00. 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 §8003h q~800.'~hand 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: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 05/15/2018 04:58 12:41 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 177 144 RECEIWXpp§CEp06 RECEIVED NYSCEF: /2 07/17/2018 12013 NYSCÉF DOC. NO. 143 RECEIVED NYSCEF: 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 CPIR §8003b, application shall be made to this Court on notice to allparties 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 f' prior to filing the report of sale. The live day period for payment of surplus money into court as al' ol' set forth in RPAPL §1354(4), and the 30 day period set forth in RPAPL §l355 for the filing of of' the report of sale shan 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 §8003a, Plaintiff shall compensate the referee in the sum of $250.00 foreach adjournment or cancellation unless the referee has requested the delay. Such compensation may be recouped from the proceeds of sale as a cost to PlaintilT. 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 iil' ul' without court approval and compliance with the filing provisions of Section 36.4 of the Rules of the Chief Judge. SECOND: Theexpenses of the sale, including the cost of advertising as shown on the billspresented and certified by said Referee to be correct, copies of which shall be annexed to the Report of Sale. THIRD: Pursuant to Real Property Actions and Proceedings Law §l354, 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. FOURT)1: Said Referee shall then pay to the plaintiff or its attorney the sum of $ Î W / / KJ '™ for costs and disbursements in this action to be taxed by the clerk and ol' inserted herein. with interest from the date hereof: together with an additional allowance of t)ll)intif'I' D hereby awarded to the alaintiffin addition to costs with interest thereon from the date S 3 5~~~1.~C 5~0,"7'1I.OE hereof. and also the sum of $54M½lMk the said amount so sii))olll)i reported due as aforesaid, together 4 of 11 6 of 15 FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 05/15/2018 04:58 12141 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 177 144 RECEIVED NYSCEF: RECEIWXNEShE§06@ g7A 07/17/2018 5 jl $ )18 NYSCÈF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 with the interest thereon pursuant to the terms of the Note from March 31, 2017 the date interest of> ot' was calculated to in the affidavit of Ray whacker, sworn to April 26, 2017, to the date of entry of OI'del' O)l' this order and thereaner at the statutory post judgment rate to the date of transfer of tide. or so of' logclhcl' much thereof as the purchase money of the mortgaged premises will pay of the same, together with 5 0 hereby awarded to the plaintiff as reasonable legal fees herein, together with uny advances as provided for in the note and mortgage, which plaintiff may have made 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 included in f' the computation and upon presentation to the Referec of receipts for said expenditures, all together with interest thereon pursuant to the note and mortgage as above provided. Copies of Phlintifl> 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 plaintiff be the purchaser of said mortgaged premises at said sale,said Referee shall not require the plaintiff to pay in cash nlainliA' of" the entire amount bid at said sale, but shallexecute and deliver only to the plaintiff,a deed of the premises sold upon the payment to said Referee of the sum awarded to him or her under the "SECOND" "THIRD" above provisions marked "FIRST", and if such expenses were paid by the referee or in lieu of the payment of said last mentioned amounts, upon filing with said referee of' receipts of the proper municipal authorities showing payment thereof. The balance of the amount bid, aller deducting therefrom the aforementioned payments to the referce for compensation and expenses, laxes, 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 specilled 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 plaintiffshall pay to said Referee, upon delivery to Plaintiff of said Referee's Deed, the amount of such surplus [which shall be applied by the Referee upon motion made pursuant to RPAPL ploof' §l35!(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 ()l' be reported in the Referee s Report of Sale.] Any surplus remaining afterall payments as herein provided shall be deposited into Court in accordance with RPAPL §l 354(4) and <»)d the Referee ownel' shall immediately give notice of such surplus to the owner of the mortgaged premises as identitled by plaintiff at the time of the sale.and itis further: 5 of 11 7 of 15 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 05/15/2018 04:58 12:41 PM INDEX INDEX NO. NO. 506027/2014 50 6027 /2014 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 177 144 RECEf†Tp§XNWCEp06 RECEIVED RE CE RECE NYSCEF: E 07/17/2018 237//12501013 NYSCÉF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 ORDERED, ADJUDGED AND DECREED that said Referee take the receipt of the plaintif'f' plaintiff or plaintiffs attorney for the amounts paid as hereinbefore directed in item marked il' "FOURTtl", and fileitwith his/her report of sale; that he/she deposit the surplus monies, if five days af'tci" same shall be such any, with the KINGS County Clerk within after the received unless period be deemed extended by the filing of an application for additional compensation as set ol' forth herein, 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 of' oath the disposition of the proceeds of the sale, accompanied by the vouchers of the showing person to whom the payment was made and file itwith the Clerk of the County of KINGS with a of' copy to the Chambers of the Appointing Justice within thirtydays after completing the sale and the proper conveyance to the purchaser or within 30 days of the decision of the court executing with respect to any application foradditional compensation; and itis further ORDERED, ADJUDGED AND DECREED, that if the proceeds of such sale be insufficient to pay the amount reported due to the plaintiff with interest and costs as aforesaid, the plaintiffmay 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 of' debt unsatisfied after the sale of the mortgaged premises and the application of the remaining proceedings thereof, unless said deficiency 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, f' and the amount thereof is determined and awarded by an order of this Court as provided for in said action; and itis further ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such sale be letinto possession on production or delivery of the Referee's Deed or Deeds; and it is further of' ORDERED, ADJUDGED AND DECREED, that each and allof the defendants in this of' ol' action and allpersons under any of them, after the filingof such Notice of Pendency of claiming thisaction. 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 itis 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: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/17/2018 05/15/2018 04:58 12:41 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 177 144 RECEIVED RECEI N CEpO6 NYSCEF: 07/17/2018 7d †12†)13 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/20/2018 . of' 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 way and public utility agreements of record. if any, any building and zoning ordinances of the sanle,' municipality in which the mortgaged premises is located and possible violations of same; any of' of' rights of tenants or person in possession of the subject premises; prior lien(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 UNITED STATES OF AMERICA to redeem the premises ot' within 120 days from the date of sale Risk of loss shall not pass to purchaser until closing of title I