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LF-195 At an IAM Term, Part FP3 of
the Supreme Court of the State
of New York, held in and for
the County of Nassau, at the
Supreme Court Building, 100
Supreme Court Drive, Mineola,
New York, on the day of
, 2022
PRESENT: HON. DAVID P. SULLIVAN
JUSTICE OF THE SUPREME COURT
---------------------------------------X
HOF I GRANTOR TRUST 5, Index No. 613956/20
Plaintiff, JUDGMENT OF
FORECLOSURE AND SALE
- against -
Foreclosure of:
LEGACY INV. & MANAGEMENT GROUP, LLC, 572 Clark Place
NELSON HERNANDEZ, NYS DEPARTMENT OF Uniondale, N.Y. 11553
TAXATION & FINANCE, DEEDEE DOE (last Section 50, Block 384,
name refused) Lot 17
Defendants.
---------------------------------------X
UPON the summons and complaint filed in the Nassau County
Clerk's Office on 12/2/20 and the notice of pendency of action
filed in the Nassau County Clerk's Office on 12/7/20, and all
proceedings thereon, and on reading and filing the Affirmation of
Regularity of BRIAN GOLDBERG, ESQ. dated the February 23, 2022,
showing that each of the Defendants herein have been duly served
with the Summons and Complaint in this action, or have voluntarily
appeared 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 appeared; and that none of the
Defendants had served any Answer to said Complaint, nor had their
time to do so been extended or, if they had served an Answer, it
was dismissed by summary judgment or stipulation of the parties,
and upon the attached affidavit of mailing reflecting compliance
with CPLR 3215(g) (3) (iii); and that the Plaintiff has complied with
New York law regarding RPAPL §1304 and CPLR 3408; and that the
Complaint herein and Notice of Pendency of this action containing
all the particulars required to be stated therein was duly filed in
the Office of the Clerk of the County of Nassau on the 7th day of
December, 2020, and an Order to Appoint a Referee to Compute having
been duly executed where a Referee was appointed to compute the
amount due to the Plaintiff upon the note and mortgage set forth in
the Complaint and said Referee having examined and reported whether
the mortgaged premises can be sold in parcels,
AND, on reading and filing the report of JANINE LYNAM, ESQ.,
the Referee named in said Order, by which Report, bearing the date
the 14th day of February, 2022, it appears that the sum of
$122,105.62 was due thereon at the date computed to in said Report
and that the mortgage premises cannot be sold in parcels.
NOW, upon proof of due notice of this application upon all
parties who had not waived the same,
ON MOTION of DEUTSCH & SCHNEIDER, LLP, attorneys for the
Plaintiff, it is
ORDERED, that this ex-parte application is hereby granted; and
it is further
ORDERED, ADJUDGED and DECREED, that the said Report of the
said Referee be, and the same is hereby in all respects ratified
and confirmed; and it is further
ORDERED, ADJUDGED and DECREED, that Defendant LEGACY INV. &
MANAGEMENT GROUP, LLC, and all persons or entities claiming by,
through or under them, be and are hereby forever barred and
foreclosed of and from all right, claim, lien, interest or equity
of redemption in and to said mortgaged premises; and it is further
ORDERED, ADJUDGED and DECREED, that the mortgaged premises, as
described in the Complaint in this action be sold at public auction
on the north side steps of the Nassau County Courthouse, 100
Supreme Court Drive, Mineola, N.Y. 11501 by and under the direction
of JANINE LYNAM, ESQ., Fiduciary Number 662825, who is hereby
appointed Referee for that purpose; that the said Referee give
public of the time and place of such sale according to law and the
practice of this Court, in an official publication, to wit: The
; or in any publication in compliance with
RPAPL §231; and it is further
ORDERED, ADJUDGED and DECREED, that the Referee at the time of
sale may accept a written bid from the Plaintiff or the Plaintiff's
attorneys, just as though the Plaintiff were physically present to
submit said bid; and it is further
ORDERED, ADJUDGED and DECREED, that the premises be sold in
is"
"as condition defined as the condition the premises are in as
of the date of sale and continuing through the date of closing, and
that said sale shall be subject to:
(a) Rights of the public and other in and to any part of the
mortgaged premises that lies within the bounds of any street,
alley, or highway, restrictions and easements of record;
(b) Any state of facts that an accurate, currently dated
survey might disclose;
(c) Rights of tenants, occupants or squatters, if any, It
shall be the responsibility of the Purchaser to evict or
remove any parties in possession or premises being foreclosed.
There shall be no pro-rata adjustment in favor of the
Purchaser for any rents that are paid for a period after the
date of the foreclosure sale.
(d) The right of redemption of the United States of America,
if any;
(e) All covenants, restrictions, easements, agreements and
reservations, if any, of record and to any and all violations
thereof;
(f) Any and all building and zoning regulations, restrictions
and ordinances of the municipality in which said premises are
situated, and to any violations of the same, including, but
not limited to, reapportionment of lot lines, and vault
charges, if any;
(g) Any and all orders or requirements issued by any
governmental body having jurisdiction against or affecting
said premises and violations of the same;
(h) Prior mortgages and judgments, if any, now liens of
record;
(i) Rights of any defendants pursuant to CPLR Section 317,
CPLR Section 2003 and CPLR Section 5015, if any;
(j) Rights afforded to tenants pursuant to RPAPL Section
1303 and 1305, if any;
(k) Any and all Hazardous Materials in the Premises including,
but not limited to, flammable explosives, radioactive
materials, hazardous wastes, asbestos or any material
containing asbestos, and toxic substances; and
(1) Other conditions as set forth in the terms of sale more
particularly to be announced at the sale; and
(m) Subject to liens in favor of the TOWN OF HEMPSTEAD
pursuant to the Administrative Code of the TOWN OF HEMPSTEAD;
and it is further
ORDERED, ADJUDGED and DECREED, that the Plaintiff or any other
parties to this action may become the Purchaser or Purchasers at
such sale; that in case the Plaintiff shall become the Purchaser at
the said sale, it shall not be required to make any deposit
thereon; and it is
ORDERED, ADJUDGED and DECREED, that the Referee conducting the
sale shall pay out of the proceeds of sale all taxes, assessments,
sewer rents and water rates which are liens upon the property at
tine of sale. Purchaser shall be responsible for interest due on
any real property tax liens accruing after the first day of the
month following the foreclosure sale; and it is further
ORDERED, ADJUDGED and DECREED, that the Referee then take the
remaining proceeds of sale and deposit them in her own name as
Referee in her IOLA account or other separate account
, and in addition to executing a deed to the
Purchaser(s) of the premises sold, shall thereafter make the
following payments and his checks drawn for that purpose:
FIRST: The statutory fees of said Referee, JANINE LYNAM, ESQ.
of $500.00 as and for her fee for conducting the sale, pursuant to
CPLR 8003.
SECOND: The Referee shall pay the costs of advertising/posting
as listed on bills presented to and certified by the Referee to be
correct, duplicate copies of which shall be annexed to the report
of sale when filed.
THIRD: Said Referee shall also pay to the Plaintiff or its
attorney for the following:
Costs and Disbursements. $ adjudged to the
Plaintiff for costs and disbursements in this action, to be taxed
by the Clerk and inserted herein, with interest at the legal rate
thereon from the date of entry hereof.
Additional Allowance. $ is hereby awarded to the
Plaintiff in addition to costs with interest at the legal rate
thereon from the date of entry hereof.
Amount Due per Referee's Report. $122,105.62, said amount so
reported due as aforesaid together with interest at the rate set
forth in the Note and Mortgage thereon from the date computed to in
the Referee's Report until the date of entry of this Judgment, with
interest at the statutory rate thereon until the date of transfer
of the Referee's Deed, or so much of the purchase money as will the
same, and that she take a receipt for said payment and file it with
her report of sale.
Attorneys Fees. $ is hereby awarded to the
Plaintiff as reasonable legal fees herein, with legal interest from
the date of entry of judgment,
Plaintiff, may, after entry of this judgment, add to the
amount due any and all advances made by Plaintiff for inspection
fees, maintenance charges, taxes, insurance premiums or other
advances necessary to preserve the property, whether or not said
advances were made prior to or after entry of judgment, so long as
said charges were not included in the Referee's Report, and the
Referee be provided with receipts for said expenditures, all
together with interest thereon pursuant to the Note and Mortgage,
from the date of the expense until the date of entry of this
Judgment, then with interest at the legal rate until the date of
transfer of the Referee's Deed.
FOURTH: 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 to Plaintiff a Deed of the premises sold
upon the payment to said Referee of the amounts specified above in
"FIRST"
items marked and "SECOND"; That the balance of the amount
bid, after deducting the amounts paid by the Plaintiff, for
Referee's fees, and advertising expenses, shall be allowed to the
Plaintiff and applied by said Referee upon the amounts due to the
Plaintiff as specified above in item marked "THIRD"; that if after
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 the same to said Referee, who shall deposit the funds in
"FIFTH"
accordance with paragraph below.
FIFTH: The Referee shall take receipts for the money so paid
out by her and file the same with her report of sale, and that she
deposit the surplus moneys, if any, with the Treasurer of Nassau
County within five (5) days after same shall be received and
ascertainable, to the credit of this action, to be withdrawn only
upon the written order of this Court, signed by a Justice of this
Court; that the referee make her report of such sale under oath
showing the disposition of the proceeds of the sale and accompanied
by the vouchers of the person to whom the payments were made and
file it with the Clerk of Nassau County within thirty (30) days of
completing the sale, and executing the proper conveyance to the
purchaser. If the proceeds of such sale be insufficient to pay the
amount reported due the Plaintiff with interest and costs as
aforesaid, the Plaintiff may recover of the Defendant(s) LEGACY
INV. & MANAGEMENT GROUP, LLC, the whole deficiency or so much
thereof as the Court may determine to be just and equitable of the
mortgage debt remaining unsatisfied after the sale of the mortgaged
premises and the application of the proceeds thereof, provided a
motion for a deficiency judgment shall be made as prescribed by
Section 1371 of the Real Property Actions and Proceeding Law within
the time limit prescribed therein, and the amount thereof is
determined and awarded by an order of this Court as provided for in
said action; and it is further
ORDERED, ADJUDGED AND DECREED, that the transfer tax is not a
lien upon the property or an expense of sale, but rather an expense
of recording the deed. All expenses of recording the Referee's
Deed shall be paid by the purchaser and not the Referee from the
sale proceeds; and it is further
ORDERED, ADJUDGED and DECREED, that the purchaser or
purchasers at such sale be let into possession on producing the
Referee's Deed; and it is further
ORDERED, ADJUDGED and DECREED, that each and all of the
Defendants in this action and all persons claiming under them, or
any or either of them, after the filing of such Notice of Pendency
of this action, be and they hereby are barred and foreclosed of all
right, title, claim, interest, lien and equity of redemption in the
said mortgaged premises and each and every part thereof; and it is
further
ORDERED, ADJUDGED and DECREED, that the liens of the Plaintiff
other than the mortgage or mortgages that are the subject matter of
this action also be foreclosed herein as though the Plaintiff was
named as a party Defendant, specifically reserving to the Plaintiff
its right to share in any surplus monies as a result of such
position as a lien creditor, and it is further
ORDERED, ADJUDGED and DECREED, that by accepting this
appointment the Referee certifies that she is in compliance with
Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36)
including, but not limited to, Section 36.2(c) ("Disqualification
from appointment"), and section 36.2(d) ("Limitations on
appointments based upon compensation"), and if the Referee is
disqualified from receiving an appointment pursuant to the
provisions of that Rule, the Referee shall notice the Appointing
Judge forthwith; and it is further
ORDERED, ADJUDGED and DECREED, that pursuant to CPLR 8003(b),
absent application to the court, further court order, and
compliance with Part 36 of the Rules of the Chief Judge, the
Referee shall not demand, accept or receive more than the statutory
$500.00 otherwise payable to the Referee for the foreclosure sale
stage, regardless of adjournment, delay or stay of the sale; and it
is further
ORDERED, ADJUDGED and DECREED, that the Referee is prohibited
from accepting or retaining any funds for himself or paying funds
to herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and it is further
ORDERED, ADJUDGED and DECREED, that the Referee appointed to
sell herein be served with a signed copy of this Judgment of
Foreclosure and Sale with notice of entry; and it is further
ORDERED, ADJUDGED and DECREED, that the Referee must submit
the Notice of Sale to the Motion Support Office, in the Supreme
Court, Room 186, at least 10 days prior to the date of the auction;
and it is further
ORDERED, ADJUDGED and DECREED that no sale of the premises
will be scheduled, and the Court will not place the above captioned
matter on the calendar for auction, nor will the Court accept a
Notice of Sale, unless and until an "Affidavit in Support of
Foreclosure"
Residential Mortgage is submitted by the plaintiff
stating that all Federal, State and Local Statutes, Laws, Rules and
Regulations, Mandates andExecutive Orders with respect to Mortgage
Foreclosure, Foreclosure Prevention and Home Retention as well as
all conditions precedent to the commencement of an action to
foreclose a residential mortgage have been complied with in the
instant action.
The following is a description of the said premises
hereinbefore mentioned, and described in the complaint in this
action:
SEE LEGAL DESCRIPTION ATTACHED
Said premises known as and by 572 Clark Place, Uniondale, N.Y.
E N T E R
J.S.C.
Old Republic Title Insurance Company
Title Number: BR40319N
Page 1
SCHEDULE A DESCRIPTION
ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in Uniondale, Town of Hempstead, County ofNassau and
State of New York, by Lot Numbered 17 inBlock 384 on a certain map entitled,"Map of
Uniondale Villas,situated at Uniondale, Town of Hempstead, Nassau County, N.ew York,
1947"
surveyed by William K. Parry, Inc.,October 15, and filedin the Office of theClerk of
the County of Nassau December 17, 1947 as Map #4479 bounded and described
according to said map as follows:
BEGINNING at a point on the Westerly side of Clark Place (formerly Oak Place), distant
161.03 feetNortherly from the comer formed by the intersection of the Northerly side of
Jerusalem Avenue with the Westerly side of Clark Place (formerly Oak Place);
RUNNING THENCE North 76 degrees 43 minutes 20 seconds West, a distance of 100
feet;
THENCE North 13 degrees 16 minutes 40 seconds East, a distance of 50 feet;
THENCE South 76 degrees 43 minutes 20 seconds East, a distance of 100 feet tothe
Westerly side of Clark Place (formerly Oak Place):
THENCE South 13 degrees 16 minutes 40.seconds West and along the Westerly side of
Clark Place (formerly Oak Place), a distance of 50 feet to the pointor place of
BEGINNING
Said prernises being known as: 572 Clark Place, Uniondale
Sec: 50 Block: 384 Lot: 17
File No. 613956 Year: 2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFNASSAU
HOF I GRANTOR TRUST 5,
Plaintiff,
-against-
LEGACY INV. & MANAGEMENT GROUP LLC, et al.
Defendants.
JUDGMENT OF FORECLOSURE AND SALE
DEUTSCH & SCHNEIDER LLP
Attorneys for Plaintiff
79-37 Myrtle Avenue
Glendale, NY 11385
(718) 417-1700
(718) 417-3095 (Fax)
22 NYCRR 130-1.1-a(b) certification:
IAN GOLDBÉRG, ESQ.
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LF-195 At an IAM Term, Part FP3 of the Supreme Court of the State of New York, held in and for the County of Nassau, at the Supreme Court Building, 100 Supreme Court Drive, Mineola, New York, on the day of , 2022 PRESENT: HON. DAVID P. SULLIVAN JUSTICE OF THE SUPREME COURT ---------------------------------------X HOF I GRANTOR TRUST 5, Index No. 613956/20 Plaintiff, JUDGMENT OF FORECLOSURE AND SALE - against - Foreclosure of: LEGACY INV. & MANAGEMENT GROUP, LLC, 572 Clark Place NELSON HERNANDEZ, NYS DEPARTMENT OF Uniondale, N.Y. 11553 TAXATION & FINANCE, DEEDEE DOE (last Section 50, Block 384, name refused) Lot 17 Defendants. ---------------------------------------X UPON the summons and complaint filed in the Nassau County Clerk's Office on 12/2/20 and the notice of pendency of action filed in the Nassau County Clerk's Office on 12/7/20, and all proceedings thereon, and on reading and filing the Affirmation of Regularity of BRIAN GOLDBERG, ESQ. dated the February 23, 2022, showing that each of the Defendants herein have been duly served with the Summons and Complaint in this action, or have voluntarily appeared 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 appeared; and that none of the Defendants had served any Answer to said Complaint, nor had their time to do so been extended or, if they had served an Answer, it was dismissed by summary judgment or stipulation of the parties, and upon the attached affidavit of mailing reflecting compliance with CPLR 3215(g) (3) (iii); and that the Plaintiff has complied with New York law regarding RPAPL §1304 and CPLR 3408; and that the Complaint herein and Notice of Pendency of this action containing all the particulars required to be stated therein was duly filed in the Office of the Clerk of the County of Nassau on the 7th day of December, 2020, and an Order to Appoint a Referee to Compute having been duly executed where a Referee was appointed to compute the amount due to the Plaintiff upon the note and mortgage set forth in the Complaint and said Referee having examined and reported whether the mortgaged premises can be sold in parcels, AND, on reading and filing the report of JANINE LYNAM, ESQ., the Referee named in said Order, by which Report, bearing the date the 14th day of February, 2022, it appears that the sum of $122,105.62 was due thereon at the date computed to in said Report and that the mortgage premises cannot be sold in parcels. NOW, upon proof of due notice of this application upon all parties who had not waived the same, ON MOTION of DEUTSCH & SCHNEIDER, LLP, attorneys for the Plaintiff, it is ORDERED, that this ex-parte application is hereby granted; and it is further ORDERED, ADJUDGED and DECREED, that the said Report of the said Referee be, and the same is hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED and DECREED, that Defendant LEGACY INV. & MANAGEMENT GROUP, LLC, and all persons or entities claiming by, through or under them, be and are hereby forever barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; and it is further ORDERED, ADJUDGED and DECREED, that the mortgaged premises, as described in the Complaint in this action be sold at public auction on the north side steps of the Nassau County Courthouse, 100 Supreme Court Drive, Mineola, N.Y. 11501 by and under the direction of JANINE LYNAM, ESQ., Fiduciary Number 662825, who is hereby appointed Referee for that purpose; that the said Referee give public of the time and place of such sale according to law and the practice of this Court, in an official publication, to wit: The ; or in any publication in compliance with RPAPL §231; and it is further ORDERED, ADJUDGED and DECREED, that the Referee at the time of sale may accept a written bid from the Plaintiff or the Plaintiff's attorneys, just as though the Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED and DECREED, that the premises be sold in is" "as condition defined as the condition the premises are in as of the date of sale and continuing through the date of closing, and that said sale shall be subject to: (a) Rights of the public and other in and to any part of the mortgaged premises that lies within the bounds of any street, alley, or highway, restrictions and easements of record; (b) Any state of facts that an accurate, currently dated survey might disclose; (c) Rights of tenants, occupants or squatters, if any, It shall be the responsibility of the Purchaser to evict or remove any parties in possession or premises being foreclosed. There shall be no pro-rata adjustment in favor of the Purchaser for any rents that are paid for a period after the date of the foreclosure sale. (d) The right of redemption of the United States of America, if any; (e) All covenants, restrictions, easements, agreements and reservations, if any, of record and to any and all violations thereof; (f) Any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; (g) Any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and violations of the same; (h) Prior mortgages and judgments, if any, now liens of record; (i) Rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; (j) Rights afforded to tenants pursuant to RPAPL Section 1303 and 1305, if any; (k) Any and all Hazardous Materials in the Premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and (1) Other conditions as set forth in the terms of sale more particularly to be announced at the sale; and (m) Subject to liens in favor of the TOWN OF HEMPSTEAD pursuant to the Administrative Code of the TOWN OF HEMPSTEAD; and it is further ORDERED, ADJUDGED and DECREED, that the Plaintiff or any other parties to this action may become the Purchaser or Purchasers at such sale; that in case the Plaintiff shall become the Purchaser at the said sale, it shall not be required to make any deposit thereon; and it is ORDERED, ADJUDGED and DECREED, that the Referee conducting the sale shall pay out of the proceeds of sale all taxes, assessments, sewer rents and water rates which are liens upon the property at tine of sale. Purchaser shall be responsible for interest due on any real property tax liens accruing after the first day of the month following the foreclosure sale; and it is further ORDERED, ADJUDGED and DECREED, that the Referee then take the remaining proceeds of sale and deposit them in her own name as Referee in her IOLA account or other separate account , and in addition to executing a deed to the Purchaser(s) of the premises sold, shall thereafter make the following payments and his checks drawn for that purpose: FIRST: The statutory fees of said Referee, JANINE LYNAM, ESQ. of $500.00 as and for her fee for conducting the sale, pursuant to CPLR 8003. SECOND: The Referee shall pay the costs of advertising/posting as listed on bills presented to and certified by the Referee to be correct, duplicate copies of which shall be annexed to the report of sale when filed. THIRD: Said Referee shall also pay to the Plaintiff or its attorney for the following: Costs and Disbursements. $ adjudged to the Plaintiff for costs and disbursements in this action, to be taxed by the Clerk and inserted herein, with interest at the legal rate thereon from the date of entry hereof. Additional Allowance. $ is hereby awarded to the Plaintiff in addition to costs with interest at the legal rate thereon from the date of entry hereof. Amount Due per Referee's Report. $122,105.62, said amount so reported due as aforesaid together with interest at the rate set forth in the Note and Mortgage thereon from the date computed to in the Referee's Report until the date of entry of this Judgment, with interest at the statutory rate thereon until the date of transfer of the Referee's Deed, or so much of the purchase money as will the same, and that she take a receipt for said payment and file it with her report of sale. Attorneys Fees. $ is hereby awarded to the Plaintiff as reasonable legal fees herein, with legal interest from the date of entry of judgment, Plaintiff, may, after entry of this judgment, add to the amount due any and all advances made by Plaintiff for inspection fees, maintenance charges, taxes, insurance premiums or other advances necessary to preserve the property, whether or not said advances were made prior to or after entry of judgment, so long as said charges were not included in the Referee's Report, and the Referee be provided with receipts for said expenditures, all together with interest thereon pursuant to the Note and Mortgage, from the date of the expense until the date of entry of this Judgment, then with interest at the legal rate until the date of transfer of the Referee's Deed. FOURTH: 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 to Plaintiff a Deed of the premises sold upon the payment to said Referee of the amounts specified above in "FIRST" items marked and "SECOND"; That the balance of the amount bid, after deducting the amounts paid by the Plaintiff, for Referee's fees, and advertising expenses, shall be allowed to the Plaintiff and applied by said Referee upon the amounts due to the Plaintiff as specified above in item marked "THIRD"; that if after 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 the same to said Referee, who shall deposit the funds in "FIFTH" accordance with paragraph below. FIFTH: The Referee shall take receipts for the money so paid out by her and file the same with her report of sale, and that she deposit the surplus moneys, if any, with the Treasurer of Nassau County within five (5) days after same shall be received and ascertainable, to the credit of this action, to be withdrawn only upon the written order of this Court, signed by a Justice of this Court; that the referee make her report of such sale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of the person to whom the payments were made and file it with the Clerk of Nassau County within thirty (30) days of completing the sale, and executing the proper conveyance to the purchaser. If the proceeds of such sale be insufficient to pay the amount reported due the Plaintiff with interest and costs as aforesaid, the Plaintiff may recover of the Defendant(s) LEGACY INV. & MANAGEMENT GROUP, LLC, the whole deficiency or so much thereof as the Court may determine to be just and equitable of the mortgage debt remaining unsatisfied after the sale of the mortgaged premises and the application of the proceeds thereof, provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions and Proceeding Law within the time limit prescribed therein, and the amount thereof is determined and awarded by an order of this Court as provided for in said action; and it is further ORDERED, ADJUDGED AND DECREED, that the transfer tax is not a lien upon the property or an expense of sale, but rather an expense of recording the deed. All expenses of recording the Referee's Deed shall be paid by the purchaser and not the Referee from the sale proceeds; and it is further ORDERED, ADJUDGED and DECREED, that the purchaser or purchasers at such sale be let into possession on producing the Referee's Deed; and it is further ORDERED, ADJUDGED and DECREED, that each and all of the Defendants in this action and all persons claiming under them, or any or either of them, after the filing of such Notice of Pendency of this action, be and they hereby are barred and foreclosed of all right, title, claim, interest, lien and equity of redemption in the said mortgaged premises and each and every part thereof; and it is further ORDERED, ADJUDGED and DECREED, that the liens of the Plaintiff other than the mortgage or mortgages that are the subject matter of this action also be foreclosed herein as though the Plaintiff was named as a party Defendant, specifically reserving to the Plaintiff its right to share in any surplus monies as a result of such position as a lien creditor, and it is further ORDERED, ADJUDGED and DECREED, that by accepting this appointment the Referee certifies that she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including, but not limited to, Section 36.2(c) ("Disqualification from appointment"), and section 36.2(d) ("Limitations on appointments based upon compensation"), and if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall notice the Appointing Judge forthwith; and it is further ORDERED, ADJUDGED and DECREED, that pursuant to CPLR 8003(b), absent application to the court, further court order, and compliance with Part 36 of the Rules of the Chief Judge, the Referee shall not demand, accept or receive more than the statutory $500.00 otherwise payable to the Referee for the foreclosure sale stage, regardless of adjournment, delay or stay of the sale; and it is further ORDERED, ADJUDGED and DECREED, that the Referee is prohibited from accepting or retaining any funds for himself or paying funds to herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, ADJUDGED and DECREED, that the Referee appointed to sell herein be served with a signed copy of this Judgment of Foreclosure and Sale with notice of entry; and it is further ORDERED, ADJUDGED and DECREED, that the Referee must submit the Notice of Sale to the Motion Support Office, in the Supreme Court, Room 186, at least 10 days prior to the date of the auction; and it is further ORDERED, ADJUDGED and DECREED that no sale of the premises will be scheduled, and the Court will not place the above captioned matter on the calendar for auction, nor will the Court accept a Notice of Sale, unless and until an "Affidavit in Support of Foreclosure" Residential Mortgage is submitted by the plaintiff stating that all Federal, State and Local Statutes, Laws, Rules and Regulations, Mandates andExecutive Orders with respect to Mortgage Foreclosure, Foreclosure Prevention and Home Retention as well as all conditions precedent to the commencement of an action to foreclose a residential mortgage have been complied with in the instant action. The following is a description of the said premises hereinbefore mentioned, and described in the complaint in this action: SEE LEGAL DESCRIPTION ATTACHED Said premises known as and by 572 Clark Place, Uniondale, N.Y. E N T E R J.S.C. Old Republic Title Insurance Company Title Number: BR40319N Page 1 SCHEDULE A DESCRIPTION ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Uniondale, Town of Hempstead, County ofNassau and State of New York, by Lot Numbered 17 inBlock 384 on a certain map entitled,"Map of Uniondale Villas,situated at Uniondale, Town of Hempstead, Nassau County, N.ew York, 1947" surveyed by William K. Parry, Inc.,October 15, and filedin the Office of theClerk of the County of Nassau December 17, 1947 as Map #4479 bounded and described according to said map as follows: BEGINNING at a point on the Westerly side of Clark Place (formerly Oak Place), distant 161.03 feetNortherly from the comer formed by the intersection of the Northerly side of Jerusalem Avenue with the Westerly side of Clark Place (formerly Oak Place); RUNNING THENCE North 76 degrees 43 minutes 20 seconds West, a distance of 100 feet; THENCE North 13 degrees 16 minutes 40 seconds East, a distance of 50 feet; THENCE South 76 degrees 43 minutes 20 seconds East, a distance of 100 feet tothe Westerly side of Clark Place (formerly Oak Place): THENCE South 13 degrees 16 minutes 40.seconds West and along the Westerly side of Clark Place (formerly Oak Place), a distance of 50 feet to the pointor place of BEGINNING Said prernises being known as: 572 Clark Place, Uniondale Sec: 50 Block: 384 Lot: 17 File No. 613956 Year: 2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFNASSAU HOF I GRANTOR TRUST 5, Plaintiff, -against- LEGACY INV. & MANAGEMENT GROUP LLC, et al. Defendants. JUDGMENT OF FORECLOSURE AND SALE DEUTSCH & SCHNEIDER LLP Attorneys for Plaintiff 79-37 Myrtle Avenue Glendale, NY 11385 (718) 417-1700 (718) 417-3095 (Fax) 22 NYCRR 130-1.1-a(b) certification: IAN GOLDBÉRG, ESQ.