On July 06, 2015 a Motion-Secondary was filed involving a dispute between Nationstar Mortgage Llc D B A Champion Mortgage Company, and Drew Doe, Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,, Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,, Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin, Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff, Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin, Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff, New York State Department Of Taxation And Finance, Secretary Of Housing And Urban Development, United States Of America, Us Trust Company Of New York Corp. As Trustee Under The Pooling And Servicing Agreement Dated As Of 4 1 85 N K A Us Trust Corp., for Foreclosure (residential mortgage) in the District Court of Queens County.
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At a Part 30 of the Supreme Court of the State of New York to be held in the County of Queens at the Courthouse thereof, located at 88-11 Sutphin Boulevard, Jamaica, New York 11435 on the day of 2022 P R E S E N T: HON. ROBERT I.CALORAS Index No.: 707021/2015 JUSTICE _________________________________________________________________________________Ç NATIONSTAR MORTGAGE, LLC D/B/A CHAMPION MORTGAGE COMPANY, Plaintiff, ORDER CONFIRMING REFEREE'S -against- REPORT IN SURPLUS MONEY PROCEEDING AND ORDERING DISTRIBUTION OF SURPLUS MONEY HELENA HARTE, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF WAVENEY HARTE; ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HERElN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN THE FOLLOWING DESIGNATION, NAMELY: THE WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF; 1 of3 SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNITED STATES OF AMERICA; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; US TRUST COMPANY OF NEW YORK CORP. AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 4/1/85N/K/A US TRUST CORP.; DREW "DOE", Defendants _______________________________________________________Ç UPON the Report of Referee in Surplus Money Proceeding of Joseph Defelice, Esq., dated 26th January 2022, the Referee appointed to ascertain the amount due to movant and any other person or entity who has a lien upon such surplus money, and to ascertain the priority of liens, if any, which Report was filed in the office of the Clerk of the County of Queens on 9th February 2022, and the exhibits annexed thereto, the Affirmation in Support of Jane O. Ikezi, Esq., dated 23rd March 2022, the exhibits annexed thereto, and upon the prior pleadings and proceedings had herein, and the Order of this Court filed on 23rd September 2021. upon the Motion of Jane O. for Defendant - Helena NOW, Ikezi, Esq., Attorney Claimant, Harte, it ishereby, ORDERED that the motion is granted without opposition; and it isfurther ORDERED that the Report of Referee in Surplus Money Proceeding of Joseph Defelice, Esq. dated 26th January 2022, and filed on 9th February 2022, and the same is hereby in all respects, confirmed and ratified; and it isfurther 2 of 3 ORDERED that upon presentation of a certified copy of this Order, the Clerk of Queens County, the Commissioner of Finance of the New York City Department of Finance, or any other persons or agencies having possession of the subject surplus funds is directed to pay and disburse the surplus money of Fifteen Thousand, Three Hundred and Four Dollars and Ninety- Eight Cents and accumulation of interest as ($15,304.98), any follows: 1. First: Joseph Defelice, Esq. for his fee as Referee in the sum of $700; 2. Second: To the owner of the equity of redemption, the remaining surplus balance, plus all accumulation of interest, if any. ENTER: HON. JUSTICE ROBERT I. CALORAS 3 of 3