Preview
FILED: KINGS COUNTY CLERK 12/16/2019 04:52 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 12/16/2019
EXHIBIT J
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 12/16/2019
04/20/2018 04:52
09:05 PM
AM)
INDEX
INDEX NO.
NO. 506027/2014
506027/2014
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 223
143 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 12/16/2019
04/20/2018
At IAS Part _ of the
Supreme Court of the State ofNew
York, held in and for the County of
KINGS at the Courthouse, at Civic
Ce ter,BROOKLYN, Pew York, on the
day of 2017>
PRESENT: HON. NOACH DEAR
JUSTICE PRESIDING
IPMiÑÏGANUIASE 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, JUDGMENT OF
-vs- FORECLOSURE
& SALE
Foreclosure of:
240 GREENE AVENUE
BROOKLYN, NY 11238
PETER K. MCKENZlE; SHERREL FARNSWORTH
A/K/A SHERREL A. FARNSWORTH; JPMORGAN
CHASE BANK., N.A.; RAB PERFORMANCE
RECOVERIES, LLC; AMERICAN EXPRESS BANK
FSB, CAPFTAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW YORK
CffY ENVIRONMENTAL CONTROL BOARD;
NYC DEPARTMENT OF FINANCE-PARKING
VIOLATIONS BUREAU; WILLIAM DOE; AND
DANIELLE MOORE, index No.:
Defendants. 506027/2014
Block: 1966 Lot: 18
On the Summons, Verified Complaint and Notice of Pendency of Action duly filed in this
action on July 1, 2014, the Order of Reference dated June 19, 2016 and all proceedings thereon;
and on the reading and filing of the Affirmation of FEIN, SUCH & CRANE, LLP, 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 stating that more than
the legally required number of days had elapsed since said defendants were so served and/or
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appeared; and that none of the defendants had served any answer to said Complaint, nor had their
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 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,
ON 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
Adams Street, Brooklyn, New York, 11201, on a Thursd afternoon at .M., by and under
the direction of oL Esqøwho is hereby appointed Referee for that
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 euJMf , Wfffd
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
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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
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
bank check payable to such Referee, ten percent of the sum bid and shall execute Terms of Sale
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 adjoumment 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
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
(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 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
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
without court approval and compliance with the filing provisions of Section 36.4 of the Rules of
the Chief Judge.
SECO_ND-
The expenses of the sale, including the cost of advertising as shown on the
bills presented 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 foreclosed 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.
FOURTII: Said Referee shall then pay to the plaintiff or its attorney the sum of
$ for 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 aHowance of
$ D hereby awarded to the alaintiff in addition to costs with interest thereon from the date
3 40,941 M
hereof, and also the sum of $512,570.00, the said amount so reported due as aforesaid, together
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with the interest thereon pursuant to the terms of the Note from March 31, 2017 the date interest
was calculated to in the affidavit of Ray Thacker, sworn to April 26, 2017, to the date of entry of
this order and thereafter at the statutory post judgment rate to the date of transfer of title, or so
much thereof as the purchase money of the mortgaged premises will pay of the same, together
with $ O hereby awarded to the plaintiff as reasonable legal fees herein, together
with any 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
the computation and upon presentation to the Referee of receipts for said expenditures, all
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 §1355. It isfurther
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
the entire amount bid at said sale, but shall execute 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 filingwith said referee
receipts of the proper municipal authorities showing payment thereof. The balance of the
amount bid, after deducting therefrom the aforementioned payments to the referee for
compensation and expenses, taxes, assessments, sewer rents, water rates and priority liens of a
City agency shall be allowed to the plaintiff and applied by said Referee upon the amounts due to
the plaintiff as specified above in item marked "FOURTH". Ifupon 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 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
§1351(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(3), which payment shall
be reported in the Referee's Report of Sale.] Any surplus remaining after allpayments as herein
provided shall be deposited into Court in accordance with RPAPL §l354(4) and the Referee
sh.all immediately give notice of such surplus to the owner of the mortgaged premises as
identified by plaintiff at the time of the sale, and itis further;
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.
ORDERED, ADJUDGED AND DECREED that said Referee take the receipt of the
plaintiff or plaintiffs attorney for the amounts paid as hereinbefore directed in item marked
"FOURTH", and file it with his/her report of sale; that he/she deposit the surplus monies, if
any, with the KINGS County Clerk within five days after the same shall be received unless such
period be deemed extended by the filing of an application for additional compensation as set
forth herein, to the credit of this action, to be withdrawn only on the written order of the Court,
signed a Justice of the Court, that the said Referee make his/her Report of such sale under
by
oath showing the disposition of the proceeds of the sale, accompanied by the vouchers of the
person to whom the payment was made and file itwith the Clerk of the County of KINGS with a
copy to the Chambers of the Appointing Justice within thirty days 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 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 plaintiff may recover of the defendant(s) PETER K. MCKENZIE the whole deficiency or so
much thereof as the Court may determine to be just and equitable of the residue of the mortgaged
debt remaining unsatisfied after the sale of the mortgaged premises and the application of the
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,
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 let into possession on production or delivery of the Referee's Deed or Deeds; and it is
further
ORDERED, ADJUDGED AND DECREED, that each and allof the defendants in this
action and all persons 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 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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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
municipality in which the mortgaged premises is located and possible violations of same; any
rights of tenants or person in possession of the subject premises; prior lien(s) of record, if any,
except those liens addressed in Section §1354 of the Real Property Actions and Proceedings
Law; any equity of redemption of the U.NITED STATES OF AMERICA to redeem the premises
within 120 days from the date of sale. Risk of loss shall not pass to purchaser until closing of
title
e
meftgage-the-Re-feree
t354 (3); and It1s turther
ORDERED, that in absence of the Referee, the Court may designate a Substitute Referee
forthwith; and itis further
ORDERED, that the Referee appointed herein is subject to the requirements of Rule
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 itis further
ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the
designated referee, the owner of the equity of redemption, as of the date of this Order, any
tenants named in this action and any other party entitled to notice within twenty days of entry
and no less than thirty days prior to sale; and itis further
Fo rtC1gupt
ORDERED, that the Plaintiff shall serve a of the Notice of Sale upon the lèt-Par.te,-
copy
StFree at leastten (10) days prior to the scheduled sale.
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Said premises commonly known as 240 GREENE AVENUE, BROOKLYN, NY 11238.
A description of said mortgaged premises is annexed hereto and mad a art hereof as Schedule
A.
HON. .AR
Suprc Cot Justice
NANCY T. SUNSHINE
Clerk
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.
WEB )TITl.E
500-A CanalView Boulevard, Rochester, NY 14623 P:(888-250-9056 / F:888-250-9057) www.webtitle.us
Title No.: WTA-14-016230
-
Schedule A Description of the Premises
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements thereon erected, situate, lying and being in the Borough of Brooklyn, County
of and State of New bounded and described as follows:
Kings, City York,
BEGINNINGat a point on the Southerly side of Greene Avenue distant 275 feet easterly
from the Southeasterly corner of Grand and Greene Avenue ;
RUNNING THENCESoutherly parallel with Grand Avenue 100 feet ;
THENCEWesterly parallel with Greene Avenue 13 feet 6 inches ;
THENCENortherly and again parallel with Grand Avenue and part of the distance
through a party wall 100 feet to the southerly side of Greene Avenue; and
THENCEEasterly along the Southerly side of Greene Avenue, 13 feet 6 inches to the point
or place of BEGINNING.
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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, BILL OF
-vs- COSTS
PETER K. MCKENZIE; SHERREL F SWORTH
· JPMORGAN
A/K/A SHERREL A. RNSWORT
CHASE BANK, N. B PERFORMANCE
RECAVERIES, L MERI AN EXPRESS BANK
FSB, CAPITAL ONE BAN ; CITY OFJEW YO
TRANSIT ADJUDICATION BUREAU; NEW Y
CITY ENVIRONMENTAL CONTROL BOARD;
NYC DEPARTMENT OF INANCE-PARK
· AND
VIOLATIONS BUREA ILLIAM DOE;
DANIELLE MOORE, Index No.
Defendants. 506027/2014
COSTS
Costs before Note of Issue-CPLR Sec. 8201(1) $200.00
Allowance statute - CPLR Sec. 8302
by (a) (b)
First $200.00 @ 10%
Next $800.00 @ 5% .00
Next $2,000.00 @ 2%
Next $5,000.00 @ 1% 150.00
Additional allowance - CPLR Sec. 50.00
8302(d)
for $12,000.00
FEES AND DISBURSEMENTS
Fee for Index Number - CPL
Preview
FILED: KINGS COUNTY CLERK 12/16/2019 04:52 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 12/16/2019 EXHIBIT J FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 12/16/2019 04/20/2018 04:52 09:05 PM AM) INDEX INDEX NO. NO. 506027/2014 506027/2014 NYSCEF NYSCEF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 04/20/2018 At IAS Part _ of the Supreme Court of the State ofNew York, held in and for the County of KINGS at the Courthouse, at Civic Ce ter,BROOKLYN, Pew York, on the day of 2017> PRESENT: HON. NOACH DEAR JUSTICE PRESIDING IPMiÑÏGANUIASE 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, JUDGMENT OF -vs- FORECLOSURE & SALE Foreclosure of: 240 GREENE AVENUE BROOKLYN, NY 11238 PETER K. MCKENZlE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN CHASE BANK., N.A.; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN EXPRESS BANK FSB, CAPFTAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK CffY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF FINANCE-PARKING VIOLATIONS BUREAU; WILLIAM DOE; AND DANIELLE MOORE, index No.: Defendants. 506027/2014 Block: 1966 Lot: 18 On the Summons, Verified Complaint and Notice of Pendency of Action duly filed in this action on July 1, 2014, the Order of Reference dated June 19, 2016 and all proceedings thereon; and on the reading and filing of the Affirmation of FEIN, SUCH & CRANE, LLP, 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 stating that more than 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 12/16/2019 04/20/2018 04:52 09:05 PM AM| INDEX INDEX NO. NO . 506027/2014 5 0 6 0 2 7 / 2 0 14 NYSCEF NYSCEF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 04/20/2018 appeared; and that none of the defendants had served any answer to said Complaint, nor had their 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 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, ON 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 Adams Street, Brooklyn, New York, 11201, on a Thursd afternoon at .M., by and under the direction of oL Esqøwho is hereby appointed Referee for that 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 euJMf , Wfffd 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 12/16/2019 04/20/2018 04:52 09:05 PM AM| INDEX INDEX NO. NO. 506027/2014 506027/2014 NYSCEF NYSCEF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 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 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 bank check payable to such Referee, ten percent of the sum bid and shall execute Terms of Sale 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 adjoumment 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 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 (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 12/16/2019 04/20/2018 04:52 09:05 PM AM) INDEX INDEX NO. NO. 506027/2014 506027/2014 NYSCEF NYSCEF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 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 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 without court approval and compliance with the filing provisions of Section 36.4 of the Rules of the Chief Judge. SECO_ND- The expenses of the sale, including the cost of advertising as shown on the bills presented 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 foreclosed 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. FOURTII: Said Referee shall then pay to the plaintiff or its attorney the sum of $ for 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 aHowance of $ D hereby awarded to the alaintiff in addition to costs with interest thereon from the date 3 40,941 M hereof, and also the sum of $512,570.00, the said amount so reported due as aforesaid, together 4 of 11 FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 12/16/2019 04/20/2018 04:52 09:05 PM AM| INDEX INDEX NO. NO. 506027/2014 50 6027 /2014 NYSCEF NYSCÊF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 04/20/2018 with the interest thereon pursuant to the terms of the Note from March 31, 2017 the date interest was calculated to in the affidavit of Ray Thacker, sworn to April 26, 2017, to the date of entry of this order and thereafter at the statutory post judgment rate to the date of transfer of title, or so much thereof as the purchase money of the mortgaged premises will pay of the same, together with $ O hereby awarded to the plaintiff as reasonable legal fees herein, together with any 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 the computation and upon presentation to the Referee of receipts for said expenditures, all 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 §1355. It isfurther 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 the entire amount bid at said sale, but shall execute 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 filingwith said referee receipts of the proper municipal authorities showing payment thereof. The balance of the amount bid, after deducting therefrom the aforementioned payments to the referee for compensation and expenses, taxes, assessments, sewer rents, water rates and priority liens of a City agency shall be allowed to the plaintiff and applied by said Referee upon the amounts due to the plaintiff as specified above in item marked "FOURTH". Ifupon 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 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 §1351(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(3), which payment shall be reported in the Referee's Report of Sale.] Any surplus remaining after allpayments as herein provided shall be deposited into Court in accordance with RPAPL §l354(4) and the Referee sh.all immediately give notice of such surplus to the owner of the mortgaged premises as identified by plaintiff at the time of the sale, and itis further; 5 of 11 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 12/16/2019 04/20/2018 04:52 09: 05 PM AM| INDEX INDEX NO. NO. 506027/2014 506027/2014 NYSCEF NYSCÈF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 04/20/2018 . ORDERED, ADJUDGED AND DECREED that said Referee take the receipt of the plaintiff or plaintiffs attorney for the amounts paid as hereinbefore directed in item marked "FOURTH", and file it with his/her report of sale; that he/she deposit the surplus monies, if any, with the KINGS County Clerk within five days after the same shall be received unless such period be deemed extended by the filing of an application for additional compensation as set forth herein, to the credit of this action, to be withdrawn only on the written order of the Court, signed a Justice of the Court, that the said Referee make his/her Report of such sale under by oath showing the disposition of the proceeds of the sale, accompanied by the vouchers of the person to whom the payment was made and file itwith the Clerk of the County of KINGS with a copy to the Chambers of the Appointing Justice within thirty days 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 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 plaintiff may recover of the defendant(s) PETER K. MCKENZIE the whole deficiency or so much thereof as the Court may determine to be just and equitable of the residue of the mortgaged debt remaining unsatisfied after the sale of the mortgaged premises and the application of the 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, 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 let into possession on production or delivery of the Referee's Deed or Deeds; and it is further ORDERED, ADJUDGED AND DECREED, that each and allof the defendants in this action and all persons 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 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 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 12/16/2019 04/20/2018 04:52 09:05 PM AM| INDEX INDEX NO. NO . 506027/2014 5 0 6 0 2 7 / 2 0 14 NYSCEF NYSCEF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 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 way and public utility agreements of record, if any, any building and zoning ordinances of the municipality in which the mortgaged premises is located and possible violations of same; any rights of tenants or person in possession of the subject premises; prior lien(s) of record, if any, except those liens addressed in Section §1354 of the Real Property Actions and Proceedings Law; any equity of redemption of the U.NITED STATES OF AMERICA to redeem the premises within 120 days from the date of sale. Risk of loss shall not pass to purchaser until closing of title e meftgage-the-Re-feree t354 (3); and It1s turther ORDERED, that in absence of the Referee, the Court may designate a Substitute Referee forthwith; and itis further ORDERED, that the Referee appointed herein is subject to the requirements of Rule 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 itis further ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the designated referee, the owner of the equity of redemption, as of the date of this Order, any tenants named in this action and any other party entitled to notice within twenty days of entry and no less than thirty days prior to sale; and itis further Fo rtC1gupt ORDERED, that the Plaintiff shall serve a of the Notice of Sale upon the lèt-Par.te,- copy StFree at leastten (10) days prior to the scheduled sale. 7 of 11 FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 12/16/2019 04/20/2018 04:52 09:05 PM AM| INDEX INDEX NO. NO. 506027/2014 506027/2014 NYSCEF NYSCÉF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 04/20/2018 Said premises commonly known as 240 GREENE AVENUE, BROOKLYN, NY 11238. A description of said mortgaged premises is annexed hereto and mad a art hereof as Schedule A. HON. .AR Suprc Cot Justice NANCY T. SUNSHINE Clerk 8 of 11 FILED:: TILED KINGS KINGS COUNTY COUNTY CLERK CLERK 12/16/2019 04/20/2018 04:52 09: 05 PM INDEX INDEX NO. NO. 506027/2014 506027/2014 AM| NYSCEF NYSCEF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 04/20/2018 . WEB )TITl.E 500-A CanalView Boulevard, Rochester, NY 14623 P:(888-250-9056 / F:888-250-9057) www.webtitle.us Title No.: WTA-14-016230 - Schedule A Description of the Premises ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Brooklyn, County of and State of New bounded and described as follows: Kings, City York, BEGINNINGat a point on the Southerly side of Greene Avenue distant 275 feet easterly from the Southeasterly corner of Grand and Greene Avenue ; RUNNING THENCESoutherly parallel with Grand Avenue 100 feet ; THENCEWesterly parallel with Greene Avenue 13 feet 6 inches ; THENCENortherly and again parallel with Grand Avenue and part of the distance through a party wall 100 feet to the southerly side of Greene Avenue; and THENCEEasterly along the Southerly side of Greene Avenue, 13 feet 6 inches to the point or place of BEGINNING. 9 of 11 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 12/16/2019 04/20/2018 04:52 09:05 PM AM| INDEX INDEX NO. NO. 506027/2014 506027/2014 NYSCEF NYSCEF DOC. DOC. NO. NO. 223 143 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/16/2019 04/20/2018 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, BILL OF -vs- COSTS PETER K. MCKENZIE; SHERREL F SWORTH · JPMORGAN A/K/A SHERREL A. RNSWORT CHASE BANK, N. B PERFORMANCE RECAVERIES, L MERI AN EXPRESS BANK FSB, CAPITAL ONE BAN ; CITY OFJEW YO TRANSIT ADJUDICATION BUREAU; NEW Y CITY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF INANCE-PARK · AND VIOLATIONS BUREA ILLIAM DOE; DANIELLE MOORE, Index No. Defendants. 506027/2014 COSTS Costs before Note of Issue-CPLR Sec. 8201(1) $200.00 Allowance statute - CPLR Sec. 8302 by (a) (b) First $200.00 @ 10% Next $800.00 @ 5% .00 Next $2,000.00 @ 2% Next $5,000.00 @ 1% 150.00 Additional allowance - CPLR Sec. 50.00 8302(d) for $12,000.00 FEES AND DISBURSEMENTS Fee for Index Number - CPL