Preview
At Part of the Supreme Court of the
State of New York, held in and for the
County of CHAUTAUQUA at the
Courthouse thereof, 3 North Erie Street,
Mayville, NY 14757, on the day of
, 202__.
P R E S E N T: Honorable Stephen W. Cass, J.S.C.
JUSTICE OF THE SUPREME COURT
________________________________________________________________Ç
REVERSE MORTGAGE FUNDING LLC, INDEX NO.: EK12017001667
Plaintiff(s), ORDER OF REFERENCE AND
DEFAULT JUDGMENT
vs.
MORTGAGED PROPERTY: 113
HELEN J.BELL AKA HELEN J.MARSH; UNITED
HOWARD STREET FREDONIA, NY
STATES OF AMERICA ACTING ON BEHALF OF
THE SECRETARY OF HOUSING AND URBAN 14063
DEVELOPMENT, COUNTY: CHAUTAUQUA
SBL#:
#1" #10,"
"JOHN DOE through "JOHN DOE said Section 130.07, Block 1, Lots 2 &3
names being fictitious and unknown to plaintiff,the
persons or parties intended being the tenants, occupants, Servicer: Compu-Link Corporation d/b/a
persons or corporations, ifany, having or claiming an
Celink
interest in or lienupon the mortgaged premises
Servicer Telephone: (866) 444-0026
Defendant(s).
________________________________________________________________x
UPON reading the Summons, Complaint and Notice of Pendency filed in this action on
the December 14, 2017, and Notice of Pendency re-filed in this action on the December 17,
2020, the Notice of Motion dated December 5, 2022, the afErmation of Nadine D. Smith, Esq.,
and the exhibits annexed thereto, and upon the affidavit of merit and amount due by Caryn
Edwards who is Assistant of Compu-Link Corporation, d/b/a Celink as Attorney-In-
Secretary
Fact for REVERSE MORTGAGE FUNDING LLC, duly sworn to on November 04, 2022;
together with the exhibits attached thereto, and all prior papers filed in this action; and
20-003015 - BoW
UPON proof this action was brought to foreclose a mortgage on real property located at
113 HOWARD STREET, FREDONIA, NY 14063, in the County of CHAUTAUQUA, State of
New York [Section 130.07, Block 1, Lots 2 &3];
UPON proof that each of the Defendants herein have been duly served with the Summons
and Complaint in this action and required notices; and
UPON a notice of appearance by UNITED STATES OF AMERICA ACTING ON
BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
AND it appearing that HELEN J. BELL AKA HELEN J. MARSH's time to answer the
complaint has expired; and
AND itappearing to the satisfaction of this court that this action was brought to foreclose
a mortgage on real property located at 113 HOWARD STREET, FREDONIA, NY 14063, in the
County of Chautauqua, State of New York [Section 130.07, Block 1, Lots 2 &3],
NOW, on motion by Robertson, Anschutz, Schneid, Crane & Partners, PLLC, attorney
for the Plaintiff, itis hereby
ORDERED that defendant(s) HELEN J. BELL AKA HELEN J.MARSH are deemed to
be in default; and itis further
ORDERED that with an address of
, is hereby
appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff
and to examine whether the mortgaged property can be sold in parcels; and itis further
ORDERED that the Referee make his/her computation and report with all convenient
speed; and itis further
20-003015 - BoW
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL
§l321; and itis further
ORDERED that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limited to §36.2 (c) ("Disqualifications from appointment"), and §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 immediately notify the
Appointing Judge; and itis further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $350.00, and in the
discretion of the court, a fee of $ , shall be paid to the Referee for the computation of the
amount due and upon the filing of his/her report, and the Referee shall not request or accept
additional compensation for the computation unless it has been fixed by the court in accordance
with CPLR 8003(a); and it isfurther
ORDERED that the Referee is prohibited from accepting or retaining any funds for
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and itis further
ORDERED, that the Notice of Pendency filed on December 17, 2020 be deemed
filed, nunc pro tune, to the date of the expiration of the Notice of Pendency on December 14,
2020; and itis further
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ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all
parties and persons entitled to notice, including the Referee appointed herein.
This constitutes the decision and order of the court.
DATED: ENTER:
J.S.C.
20-003015 - BoW
CLERK 12/14/2017 04:32 INDEX NO. EK12017001667
FILED : CHAUTAUDUA COUNTY PH
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/14/2017
SCHEDULE A- LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE
VILLAGE OF FREDONIA, TOWN OF POMFRET, COUNTY OF CHAUTAUGUA,
STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER OF HOWARD STREET WHICH POINT
IS LOCATED AT THE SOUTHWEST CORNER OF LAND OWNED BY JOSEPH J.
BARONE, CONVEYED BY WARRANTY DEED, DATED APRIL 17, 1954 RECORDED
IN THE CHAUTAUGUA COUNTY CLERK'S OFFICE APRIL 19, 1954 IN LIBER 982
OF DEEDS AT PAGE 155.
ALSO, SAID SOUTHWEST CORNER IS LOCATED ON THE CENTER OF HOWARD
STREET 521.4 FEET OR 7.90 CHAINS EASTERLY FROM THE CENTER LINE OF
SEYMOUR STREET AS DESCRIBED IN THE ABOV MENTIONED DEED,
°
THENCE NORTHERLY AT AN ANGLE OF 90 TURNED FROM CENTER LINE OF
HOWARD STREET, 180 FEET TO A STAKE;
THENCE EASTERLY, PARALLEL TO CENTER LINE OF HOWARD STREET 173
FEET TO A STAKE;
THENCE SOUTHERLY PARALLEL TO FIRST DESCRIBED LINE 180 FEET TO
CENTER LINE OF HOWARD STREET;
THENCE WESTERLY 173 FEET ALONG THE CENTER LINE OF HOWARD STREET
TO THE POINT AND PLACE OF BEGINNING.
Section: 130.07, Block: 1, Lots 2 & 3
Property Address: 113 Howard St.,Fredonia, NY 14023
GM File# 48623.0007
3 of 4
Index No.: EKl2017001667
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
REVERSE MORTGAGE FUND1NG LLC,
PLAINTIFF,
vs.
HELEN J. BELL AKA HELEN J. MARSH; UNITED STATES OF AMERICA
ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT,
#1" #10,"
"JOHN DOE through "JOHN DOE said names being fictitious and
unknown to plaintiff, the persons or parties intended being the tenants, occupants,
persons or corporations, ifany, having or claiming an interest in or lien upon the
mortgaged premises,
DEFENDANTS.
ORDER OF REFERENCE
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
Facsimile: 516-280-7674
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20-003015 - BoW
Preview
At Part of the Supreme Court of the State of New York, held in and for the County of CHAUTAUQUA at the Courthouse thereof, 3 North Erie Street, Mayville, NY 14757, on the day of , 202__. P R E S E N T: Honorable Stephen W. Cass, J.S.C. JUSTICE OF THE SUPREME COURT ________________________________________________________________Ç REVERSE MORTGAGE FUNDING LLC, INDEX NO.: EK12017001667 Plaintiff(s), ORDER OF REFERENCE AND DEFAULT JUDGMENT vs. MORTGAGED PROPERTY: 113 HELEN J.BELL AKA HELEN J.MARSH; UNITED HOWARD STREET FREDONIA, NY STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN 14063 DEVELOPMENT, COUNTY: CHAUTAUQUA SBL#: #1" #10," "JOHN DOE through "JOHN DOE said Section 130.07, Block 1, Lots 2 &3 names being fictitious and unknown to plaintiff,the persons or parties intended being the tenants, occupants, Servicer: Compu-Link Corporation d/b/a persons or corporations, ifany, having or claiming an Celink interest in or lienupon the mortgaged premises Servicer Telephone: (866) 444-0026 Defendant(s). ________________________________________________________________x UPON reading the Summons, Complaint and Notice of Pendency filed in this action on the December 14, 2017, and Notice of Pendency re-filed in this action on the December 17, 2020, the Notice of Motion dated December 5, 2022, the afErmation of Nadine D. Smith, Esq., and the exhibits annexed thereto, and upon the affidavit of merit and amount due by Caryn Edwards who is Assistant of Compu-Link Corporation, d/b/a Celink as Attorney-In- Secretary Fact for REVERSE MORTGAGE FUNDING LLC, duly sworn to on November 04, 2022; together with the exhibits attached thereto, and all prior papers filed in this action; and 20-003015 - BoW UPON proof this action was brought to foreclose a mortgage on real property located at 113 HOWARD STREET, FREDONIA, NY 14063, in the County of CHAUTAUQUA, State of New York [Section 130.07, Block 1, Lots 2 &3]; UPON proof that each of the Defendants herein have been duly served with the Summons and Complaint in this action and required notices; and UPON a notice of appearance by UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; AND it appearing that HELEN J. BELL AKA HELEN J. MARSH's time to answer the complaint has expired; and AND itappearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 113 HOWARD STREET, FREDONIA, NY 14063, in the County of Chautauqua, State of New York [Section 130.07, Block 1, Lots 2 &3], NOW, on motion by Robertson, Anschutz, Schneid, Crane & Partners, PLLC, attorney for the Plaintiff, itis hereby ORDERED that defendant(s) HELEN J. BELL AKA HELEN J.MARSH are deemed to be in default; and itis further ORDERED that with an address of , is hereby appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property can be sold in parcels; and itis further ORDERED that the Referee make his/her computation and report with all convenient speed; and itis further 20-003015 - BoW ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §l321; and itis further ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from appointment"), and §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 immediately notify the Appointing Judge; and itis further ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $350.00, and in the discretion of the court, a fee of $ , shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report, and the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance with CPLR 8003(a); and it isfurther ORDERED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and itis further ORDERED, that the Notice of Pendency filed on December 17, 2020 be deemed filed, nunc pro tune, to the date of the expiration of the Notice of Pendency on December 14, 2020; and itis further 20-003015 - BoW ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. This constitutes the decision and order of the court. DATED: ENTER: J.S.C. 20-003015 - BoW CLERK 12/14/2017 04:32 INDEX NO. EK12017001667 FILED : CHAUTAUDUA COUNTY PH NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/14/2017 SCHEDULE A- LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE VILLAGE OF FREDONIA, TOWN OF POMFRET, COUNTY OF CHAUTAUGUA, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER OF HOWARD STREET WHICH POINT IS LOCATED AT THE SOUTHWEST CORNER OF LAND OWNED BY JOSEPH J. BARONE, CONVEYED BY WARRANTY DEED, DATED APRIL 17, 1954 RECORDED IN THE CHAUTAUGUA COUNTY CLERK'S OFFICE APRIL 19, 1954 IN LIBER 982 OF DEEDS AT PAGE 155. ALSO, SAID SOUTHWEST CORNER IS LOCATED ON THE CENTER OF HOWARD STREET 521.4 FEET OR 7.90 CHAINS EASTERLY FROM THE CENTER LINE OF SEYMOUR STREET AS DESCRIBED IN THE ABOV MENTIONED DEED, ° THENCE NORTHERLY AT AN ANGLE OF 90 TURNED FROM CENTER LINE OF HOWARD STREET, 180 FEET TO A STAKE; THENCE EASTERLY, PARALLEL TO CENTER LINE OF HOWARD STREET 173 FEET TO A STAKE; THENCE SOUTHERLY PARALLEL TO FIRST DESCRIBED LINE 180 FEET TO CENTER LINE OF HOWARD STREET; THENCE WESTERLY 173 FEET ALONG THE CENTER LINE OF HOWARD STREET TO THE POINT AND PLACE OF BEGINNING. Section: 130.07, Block: 1, Lots 2 & 3 Property Address: 113 Howard St.,Fredonia, NY 14023 GM File# 48623.0007 3 of 4 Index No.: EKl2017001667 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA REVERSE MORTGAGE FUND1NG LLC, PLAINTIFF, vs. HELEN J. BELL AKA HELEN J. MARSH; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, #1" #10," "JOHN DOE through "JOHN DOE said names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the mortgaged premises, DEFENDANTS. ORDER OF REFERENCE Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 Facsimile: 516-280-7674 ========--===========---============-= 20-003015 - BoW