Preview
FILED: OSWEGO COUNTY CLERK 01/25/2023
08/09/2022 12:34
01:30 PM INDEX NO. EFC-2020-1187
NYSCEF DOC. NO. 61
47 RECEIVED NYSCEF: 01/25/2023
08/09/2022
At an IAS term of
Supreme Court of the State of New York
held in and for the County 6f Oswego at
the Oswego County Courthouse,
Osweqo , Nerv York, on the 4th
day of August ,20 22
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
PRESENT: HON. GREGORY R. GILBERT, J.S.C.
X
REVERSE MORTGAGE SOLUTIONS. INC
Plaintiff. ORDER OF REFERENCE
lndex No: EFC-2020- 1 187
UNKNOWN HEIRS OF SHERRY FRANCE IF
LIVING, AND IF HE/SHE BE DEAD, ANY RJI No: 37-21-0111
AND ALL PERSONS LINKNOWN TO
PLAINTIFF, CLAIMING, OR WHO MAY Property Address:
CLAIM TO HAVE AN INTEREST IN, OR 972 County Route 1
GENERAL OR SPECIFIC LIEN UPON THE Oswego, NY 13126
REAL PROPERTY DESCRIBED IN THIS
ACTION; SUCH UNKNOWN PERSONS
BEING HEREIN GENERALLY DESCRIBED Mortgage Servicer:
AND INTENDED TO BE INCLUDED IN PHH Mortgage Corporation
WIFE, WIDOW, HUSBAND, WIDOWER, Mortgage Servicer Phone Number:
HEIRS AT LAW, NEXT OF KIN. 866-799-7724
DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES,
LEGATEES, CRTDITORS, TRUSTEES,
COMMITTEES, LIENORS, AND ASSIGNEES
OF SUCH DECEASED, ANY AND ALL
PERSONS DERTVING INTEREST IN OR
LIEN UPON, OR TITLE TO SAID REAL
PROPERTY BY, THROUGH OR LINDER
THEM, OR EITHER OF THEM, AND THEIR
RESPECTIVE WTVES, WIDOWS,
HUSBANDS, WIDOWERS, HEIRS AT LAW,
NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS,
DEVISEES, LEGATEES, CRTDITORS,
TRUSTEES, COMMITTEES. LIENORS, AND
ASSIGNS, ALL OF WHOM AND WHOSE
NAMES, EXCEPT AS STATED, ARE
LINKNOWN TO PLAINTIFF. T]NITED
STATES OF AMERICA ACTING THROUGH
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THE IRS. UNITED STATES OF AMERICA
ACTING THROUGH THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT,
PEOPLE OF THE STATE OF NEW YORK
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, adminishators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
X
Plaintiff having moved this Court for an Order:
tr striking the answer ofDefendant(s)
and converting each such appearance to a general notice of appearance
X pursuant to CPLR $3215, granting Plaintiff default judgment
tr pursuant to CPLR $3212, $anting Plaintiff summary judgment
X amending the caption to
x delete Defendant(s) John Doe
tr substitute the name(s) of
Defendant(s) John Doe and/or Janc Doe
for
tr othcr:
X pursuant to RPAPL S 132 l, appointing a Referee to compute the sums due
Plaintiff on the Note and Mortgage -
other: _;
And upon compliance with RPAPL 1321(1) which states the order of reference shall also
include the name and telephone number of the mortgage servicer for a Plaintiff involving a
mortgage foreclosure of a one- to four-family residential property; the Servicer for the Plaintiff
has the following name and telephone phone number: PHH Mortgage Corporation 866-799-
7724.
NOW, upon Plaintiff s I ex parte application or ffi motion heard on
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NYSCEF DOC. NO. 61
47 RECEIVED NYSCEF: 01/25/2023
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Augusl4,2022 at which time Plaintiff / f-l Defendant appeared. r.rr X no appearances
were required, and (ifrequired pursuant to AO/157120), a second conference having been held on
and upon the Summons and Complaint and proofthat all Defendants have
been served, and upon proofthat the time for all Defendant(s) to answer or appear has expired
the premises being shown to be vacant and abandoned and
and/upon the:
I ) Affidavit ofCarlene Reid datcd June 14,2022. with Exhibits 1-5 annexed;
2) affirmation of Courtney R. Shed affirmed on July 5, 2022 wilh Exhibits A-P
annexed;
3) other [specify]
it is hereby
ORDERED that the Plaintiff's motion
for a default j udgment pursuant to CPLR 0 3215 and RPAPL $ 1321 is
granted:
to strike Defendant(s)' answer and for summary judgment pursuant to
CPLR $3212 is granted:
X other: to reform the legal description in Mortgage recorded on December
31.2014 in Instrument Number R-2014-012406 in the Office of the
Oswego County Clerk, to the description which accurately describes said
property, to reflect the intent of the parties is granted;
ORDERED that the caption of this action is amended to
X delete the name(s) of Defendant(s) John Doe
substitute the name(s) of
for Defendant(s)
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NYSCEF DOC. NO. 61
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John Doe and/or Jane Doe
tr other:
and it is furthcr
ORDERED that the caption of this action as amended shall read as follows
SUPREME COURT OF THE STATE OF NEW YORK
COTINTY OF OSWEGO
x
REVERSE MORTGAGE SOLUTIONS. INC
PIaintifl.
vs.
TINKNOWN HEIRS OF SHERRY FRANCE IF
LIVING, AND IF HE/SHE BE DEAD, ANY
AND ALL PERSONS LTNKNOWN 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
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 I,'PON, OR
TITLE TO SAID REAL PROPERTY BY,
THROUGH OR UNDER THEM, OR EITHER
OF THEM, AND THEIR RESPECTTVE WIVES,
WIDOWS, HUSBANDS, WIDOWERS, HEIRS
AT LAW, NEXT OF KIN, DESCENDANTS.
EXECUTORS, ADMIN ISTRATORS,
DEVISEES, LEGATEES. CREDITORS,
TRUSTEES, COMMITTEES, LIENORS, AND
ASSIGNS. ALL OF WHOM AND WHOSE
NAMES, EXCEPT AS STATED,ARE
LINKNOWN TO PLAINTIFF, TINITED
STATES OF AMERICA ACTING THROUGH
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NYSCEF DOC. NO. 61
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THE IRS, UNITED STATES OF AMERICA
ACTING THROUGH THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT,
PEOPLE OF THE STATE OF NEW YORK
Deftndant(s).
x
and lt is further
ORDERED thAt
Name: Lou Anne Rucynska Coleman Esq.
C,J,l^)
Address 92 West Sixth Street }f',.
Oswe , New York 13126-200o
Telephone: (315)326-0128 E-mail: louanne@twcny.rr.com
is hereby appointed Referee to ascertain, compute and report the total amount due to Plaintiff for
unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than
attomeys' fees secured by the Note and Mortgage sued upon and set forth in the Complaint, and
to examine and report as to whether the mortgaged premises should be sold in one parcel. The
Referee shall not be required to notice or conduct a heanng and the Plaintiff may submit to the
Referee its proof by Affidavit; and it is further
ORDERED that by accepting this appointment the Referee certifies that hei she is in
compliance with Part 36 ofthe Rules ofthe ChiefJudge (22 NYCRR Part 36) including but not
limited to section 36.2(c) ("Disqualifications from appointment") and section 36.2(d)
("Limitations on appointments based upon compensation"); and it is further
ORDERED, that by accepting this appointment the Referee certifies that he/she will
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comply with and enforce the Fifth Judicial District Foreclosure Sale Covid-19 Protocols,
attached hereto, including social distancing and PPE guidelines; and it is further
ORDERED that pursuant to CPLR $8003(a), in the discretion of the Court, thc Referec
shall be paid a fee of$350.00 upon the filing
duc-roflar*ifl and it is further
oft
this Order
r(
6$r-l
ORDERED that during the pendency of this action, if any interest in the Note and/or
Mortgage that is the subject of this action has been or is transferred, the person or entity to whom
the interest has been or is transferred shall apply to the Coufi within thirty (30) days ofthe
transfer to be substituted orjoined in this action pursuant to CPLR $ l0l8; and it is further
ORDERED that the Referee shall file his/her Report on or before Nov. 4, 2022 , und $2
it is further
ORDERED that on or before February 6, 2022 , the Plaintiff shall submit as
C^N^l
appropriate a Motion or an Ex Parte application in compliance with all legal and administrative Y(
requirements for a Judgment ofForeclosure and Sale; and it is further
ORDERED that in the event Plaintiff fails to timely submit the required Motion or Ex
Parte application for a Judgment of Foreclosure and Sale, in its discretion, the Court may either
(l) strike all interest accruing on the loan as ofthe subject date together with any and all late
fees. penalties. property inspection fees and preservation costs; or (2) dismiss the action for
Plaintiff s failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker,
Kennedy & Drake,5 NY3d 514 (2005); and it is further
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ORDERED, that the sale shall be conducted in accordance with the applicable judicial
district foreclosure auction plan and rules in effect at the time of the auction; and it is further
A copy of the auction rules for OSWEGO County is annexed hereto as Schedule B.
Dated: Augusl4,2022
Oswego, New York HON, GREGOR R, GILBERT, J C
Eligible homeowners impacted by the Covid-19 pandemic may be eligible for assistance through the New OJl$.l
York State Homeowner Assistance Fund ("NYS HAF"), a state supported program to help homeowners
avoid foreclosure. For more information about the NYS HAF, please visit nyhomeownerfu nd.org or
contact 1 -844-77NYHAF.
Ya
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IAMENDED rol28l2oI
FIFTH JUDICIAL DISTRICT FORECLOSURE SALE COVID-I9 PROTOCOLS
In an Administrative Order of the Chief Administrative Judge of the Courts dated July 23,
2020 (AO 157/20), Chief Administrative Judge Lawrence Marks required eachjudicial district to
assess auction practices within the distnct and to develop "appropriate procedures and protocols
for the safe and healthful conduct of such actions within their districts in light of the COVID-19
pandemic" (AO 157/20). The policies and procedures set forth below will take effect
immediately on approval and remain in effect during the COVID-19 health emergency. The
policies and procedures herein will best ensure the requirements ofsocial distancing and any
requirement for lace coverings.
4. Conferences:
a. Prior to conducting any further proceedings in any foreclosure matter, the court
must initiate a status or settlement conference (including, where applicable, a settlement
conference pursuant to CPLR Rule 3408). If any party does not appear at the conference,
the court shall reschedule and make a second attempt to hold the conference before
undertaking fu rther proceedings.
b. At the conference, the court shall review the procedural history ofthe matter;
confirm compliance with notice requirements, inquire into the effects. ifany, that the
COVID-19 pandemic has had upon the parties; review any special reliefunder state or
federal law to which the parties may be entitled in light ofthe pandemic; refer
unrepresentcd parties to local civil legal service providers and housing counseling
agencies; assess any pending and anticipated motions; approve briefing schedules
proposed by stipulation of the parties; and use best efforts (including referral to
altemative dispute resolution) to resolve any outstanding issues.
Pursuant to AOl23Zl20, the requirement ofa status or settlement conference in all
foreclosure matters (including matters where ajudgment offoreclosure issued or an auction was
scheduled prior to March I 7), set forth in AOll57l20 shall remain in effect, with two
modillcations as lbllows:
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(i) Conference Requirement for Vacant and Abandoned Property: No conference
need be held in a foreclosure matter where the foreclosing lender submits an affirmation
to the court averring that, following diligent inquiry, it knows the property at issue to be
currently abandoned and vacant.
(ii) Conference Requirement for In Rem Foreclosures: The conference
requirement shall apply to in rem foreclosure proceedings only where the enforcing
offrcer (e.g., the county attomey or other person filing the proceeding) deems such a
conference to be in the public interest (for example, the conference is likely to result in a
settlement beneficial to all parties).
The Court shall attach to the Judgment ofForeclosure and Sale a copy of the COVID-I9
protocols that will be implemented at the foreclosure auctior/sale. The Amended Judgment of
Foreclosure and Sale shall direct that a COVID-19 Notice shall be included in the advertisement
published in the local newspaper stating that COVID-19 safety protocols will be followed at the
foreclosure sale.
Each Supreme Court Clerk in the Fifth Judicial District shall establish a centralized
telephone, email or similar system to allow the Referee. attomeys, parties and participants to
utilize for scheduling purposes and to obtain any information relating to the auction, including
the date, place and time. No more than one public auction may be conducted at one time.
Auctions must be scheduled at least 30 minutes apart.
Al[ Orders appointing the Referee shall include a provision that the Referee agrees to
comply with these Fifth Judicial District Foreclosure Sale Protocols, including social distancing
and PPE guidelines.
Before entering the Courthouse, the Ret'eree, attomeys and any member of the public
shall undergo standard COVID-19 and New York State Travel Advisory questioning, be
lnstructed to wear a face covering and have their temperature taken. Anyone with a fever will be
excused fiom attending the foreclosure sale, as well as anyone answering the screening questions
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in the affirmative. The location ofany foreclosure sale shall be held in a large venue to ensure
appropriate social distancing as set forth below.
During the auction/sale, the Referee, attomeys and any potential bidders shall stand or sit
at least six (6) feet from one another. The Lobby or courtroom area should be prepared and
marked to ensure appropriate social distancing. All aftendees shall wear a face mask at a[[ times,
no exceptions. In addition, the Referee may wear a face shield. Court Security shall be present
to enforce all safety protocols. In the rare event that an auctiorvsale shall exceed the space
required for appropriate social distancing, the Referee shall immediately request the Supreme
Court Clerk to relocate the sale to a larger room.
The Referee shall have the authority to not proceed, and/or to stop an auction where
COVID-I9 protocols, including social distancing cannot be followed. The Referee is further
authorized to contact the Chief Clerk and/or Supreme Court Judge to request a larger space to
conduct the auction.
The Referee may, upon application to the Court, and upon good cause shown, apply to
allow participants./bidders to appear virtually, provided the Chief Clerk is given two (2) business
days' advance notice of the need for virtual capability.
The Supreme Court Clerk ofeach County shall ensure that there is sufficient room and
space to allow the Referee. participants and winning bidder to complete paperwork after the
auction in an area that meets all safety protocols.
Onondaga County
The foreclosure auction shall be held in the Onondaga County Courthouse, Second Floor
Lobby outside the County Clerk's Office. The Lobby is very large and will allow for adequate
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social distancing. A Court Security Officer shall be in aftendance to ensure compliance with all
COVID- I 9 protocols.
Oswego County
The foreclosure auction shall be held in the Main Lobby ofthe Oswego County
Courthouse. A Court Security Officer shall be in attendance to ensure compliance with all
COVID- I 9 protocols.
Oneida County
The foreclosure auction sha[[ be held in the Lobby ofthe Rome Supreme Courthouse to
accommodate social distancing. A Court Security Officer shall be in attendance to ensure
compliance with all COVID- l9 protocols.
Jefferson County
The foreclosure auction shall be held at the Jefferson County Court Complex in the front
vestibule area with any overflow into the Lobby. Only bidding parties would be permitted in
together with the Referee. The vestibule can accommodale lour (4) people and the Lobby would
add 5-6. Histoncally, this is more than enough space. The Referee shall immediately notify the
Supreme Court Clerk if the need for a larger space is anticipated.
Herkimer County
The foreclosure auction shall be held in the Lobbv ofthe Fifth Floor ofthe Countv Court
Facility. Court Secnrity shall supervise the area for social distancing and PPE guidelines.
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Lewis County
The foreclosure auction shall be held in the Main Lobby of the Lewis County
Courthouse, Lowville, NY. Court Security shall supervise the area for social distancing and PPE
guidelines.
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Oswego County Supreme Court
FORECLOSURE AUCTION PROCEDURES
(Covid-'19 Period)
ln an Administrat ./e Order cf the Chief Administrative Judge ot the Courts dated Juty 23, 2020
(AO 157/20), ChieJ Admrnislrative Judge Lawrence Marks required each judicial district to
assess auction practices within the districl and to develop 'appropriate procedures and
protocols for the safe and healthful conduct of such actions within their distrids in light of the
COVID-19 pandemic" (AO 157i20). These policies and procedures set forth below for
schedrling of Foreclosure Auctions have been approved for the Sri Judicial Districl, Oswego
County, and w'll lake effect immediately. They shall remain in effect during the COVID-19
health em€rgency or until further dir€clion.
1. ln ordet to schedule an auction , Plaint,fts' attorneys musl ncw ccntact the Os, rego
Fcreclosure Part at Oswe]o-Foreclosure-Sal -l..cculs lo schedule a sal date anC time
ih€ email and associated calendarwrll be monitoreo by court slaft and they will confirm with
you an appmved sale dale and time
LOCATION OF ALL AUCTIONS: Oswego County Cour{house
Main Lobby
25 East Oncida Street
Oswego, NY '13126
2. Onli one au ion at a time may 0e condLcteo and auctions may snly be scheduled in hali-
hour blocks, between the hours of 9am-1pm in o.der to avoid peak employe€ and general public
entranc€Yexil times.
3. lf the Oswego Foreclosure Parl becomes aware of an auction tiat is schedulod lyithout the
aporoval qltlhqEorsclosure Part and it conflicts with an auction p.operly scheduled through
the Oswego Foreclosure Part. the fcllowing rules shall apply:
a. The Plaintiffs' attomsy6 and Referees involved in the conflicting sal6s will be directed
to check with thear clients andlo. other principals to enslire that their auclion is sel to
:onlinue and their file in not on a loss niligation hold or some other stay:
b. lf the conflicting aJctions ne€d to go fon ,/ard, the auctron that was scheduled lhrough
the Os,wego Foreclosure Pad shall occur in the Oswego County Court Lobby.
For th€ auclion lhal was not propert scheduled, the Referee rnust either
1. Hold the auclion outside
2. Properly re-schedu,e the auctlon with the court
Granted Judoments of Foreclos-urq.and Sale shall incorporale directions consistent with th€
above and shall require coflipliance \ryith the 'Foreclosure Auclicn Rules for the 56 Judicial
District" and the 'Covid-19 Healtn Emergency Rules"
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Preview
FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 At an IAS term of Supreme Court of the State of New York held in and for the County 6f Oswego at the Oswego County Courthouse, Osweqo , Nerv York, on the 4th day of August ,20 22 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO PRESENT: HON. GREGORY R. GILBERT, J.S.C. X REVERSE MORTGAGE SOLUTIONS. INC Plaintiff. ORDER OF REFERENCE lndex No: EFC-2020- 1 187 UNKNOWN HEIRS OF SHERRY FRANCE IF LIVING, AND IF HE/SHE BE DEAD, ANY RJI No: 37-21-0111 AND ALL PERSONS LINKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY Property Address: CLAIM TO HAVE AN INTEREST IN, OR 972 County Route 1 GENERAL OR SPECIFIC LIEN UPON THE Oswego, NY 13126 REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED Mortgage Servicer: AND INTENDED TO BE INCLUDED IN PHH Mortgage Corporation WIFE, WIDOW, HUSBAND, WIDOWER, Mortgage Servicer Phone Number: HEIRS AT LAW, NEXT OF KIN. 866-799-7724 DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CRTDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERTVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR LINDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WTVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CRTDITORS, TRUSTEES, COMMITTEES. LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE LINKNOWN TO PLAINTIFF. T]NITED STATES OF AMERICA ACTING THROUGH 1 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 THE IRS. UNITED STATES OF AMERICA ACTING THROUGH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, PEOPLE OF THE STATE OF NEW YORK JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, adminishators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). X Plaintiff having moved this Court for an Order: tr striking the answer ofDefendant(s) and converting each such appearance to a general notice of appearance X pursuant to CPLR $3215, granting Plaintiff default judgment tr pursuant to CPLR $3212, $anting Plaintiff summary judgment X amending the caption to x delete Defendant(s) John Doe tr substitute the name(s) of Defendant(s) John Doe and/or Janc Doe for tr othcr: X pursuant to RPAPL S 132 l, appointing a Referee to compute the sums due Plaintiff on the Note and Mortgage - other: _; And upon compliance with RPAPL 1321(1) which states the order of reference shall also include the name and telephone number of the mortgage servicer for a Plaintiff involving a mortgage foreclosure of a one- to four-family residential property; the Servicer for the Plaintiff has the following name and telephone phone number: PHH Mortgage Corporation 866-799- 7724. NOW, upon Plaintiff s I ex parte application or ffi motion heard on 2 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 Augusl4,2022 at which time Plaintiff / f-l Defendant appeared. r.rr X no appearances were required, and (ifrequired pursuant to AO/157120), a second conference having been held on and upon the Summons and Complaint and proofthat all Defendants have been served, and upon proofthat the time for all Defendant(s) to answer or appear has expired the premises being shown to be vacant and abandoned and and/upon the: I ) Affidavit ofCarlene Reid datcd June 14,2022. with Exhibits 1-5 annexed; 2) affirmation of Courtney R. Shed affirmed on July 5, 2022 wilh Exhibits A-P annexed; 3) other [specify] it is hereby ORDERED that the Plaintiff's motion for a default j udgment pursuant to CPLR 0 3215 and RPAPL $ 1321 is granted: to strike Defendant(s)' answer and for summary judgment pursuant to CPLR $3212 is granted: X other: to reform the legal description in Mortgage recorded on December 31.2014 in Instrument Number R-2014-012406 in the Office of the Oswego County Clerk, to the description which accurately describes said property, to reflect the intent of the parties is granted; ORDERED that the caption of this action is amended to X delete the name(s) of Defendant(s) John Doe substitute the name(s) of for Defendant(s) 3 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 John Doe and/or Jane Doe tr other: and it is furthcr ORDERED that the caption of this action as amended shall read as follows SUPREME COURT OF THE STATE OF NEW YORK COTINTY OF OSWEGO x REVERSE MORTGAGE SOLUTIONS. INC PIaintifl. vs. TINKNOWN HEIRS OF SHERRY FRANCE IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS LTNKNOWN 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 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 I,'PON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTTVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS. EXECUTORS, ADMIN ISTRATORS, DEVISEES, LEGATEES. CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS. ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED,ARE LINKNOWN TO PLAINTIFF, TINITED STATES OF AMERICA ACTING THROUGH 4 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 THE IRS, UNITED STATES OF AMERICA ACTING THROUGH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, PEOPLE OF THE STATE OF NEW YORK Deftndant(s). x and lt is further ORDERED thAt Name: Lou Anne Rucynska Coleman Esq. C,J,l^) Address 92 West Sixth Street }f',. Oswe , New York 13126-200o Telephone: (315)326-0128 E-mail: louanne@twcny.rr.com is hereby appointed Referee to ascertain, compute and report the total amount due to Plaintiff for unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than attomeys' fees secured by the Note and Mortgage sued upon and set forth in the Complaint, and to examine and report as to whether the mortgaged premises should be sold in one parcel. The Referee shall not be required to notice or conduct a heanng and the Plaintiff may submit to the Referee its proof by Affidavit; and it is further ORDERED that by accepting this appointment the Referee certifies that hei she is in compliance with Part 36 ofthe Rules ofthe ChiefJudge (22 NYCRR Part 36) including but not limited to section 36.2(c) ("Disqualifications from appointment") and section 36.2(d) ("Limitations on appointments based upon compensation"); and it is further ORDERED, that by accepting this appointment the Referee certifies that he/she will 5 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 comply with and enforce the Fifth Judicial District Foreclosure Sale Covid-19 Protocols, attached hereto, including social distancing and PPE guidelines; and it is further ORDERED that pursuant to CPLR $8003(a), in the discretion of the Court, thc Referec shall be paid a fee of$350.00 upon the filing duc-roflar*ifl and it is further oft this Order r( 6$r-l ORDERED that during the pendency of this action, if any interest in the Note and/or Mortgage that is the subject of this action has been or is transferred, the person or entity to whom the interest has been or is transferred shall apply to the Coufi within thirty (30) days ofthe transfer to be substituted orjoined in this action pursuant to CPLR $ l0l8; and it is further ORDERED that the Referee shall file his/her Report on or before Nov. 4, 2022 , und $2 it is further ORDERED that on or before February 6, 2022 , the Plaintiff shall submit as C^N^l appropriate a Motion or an Ex Parte application in compliance with all legal and administrative Y( requirements for a Judgment ofForeclosure and Sale; and it is further ORDERED that in the event Plaintiff fails to timely submit the required Motion or Ex Parte application for a Judgment of Foreclosure and Sale, in its discretion, the Court may either (l) strike all interest accruing on the loan as ofthe subject date together with any and all late fees. penalties. property inspection fees and preservation costs; or (2) dismiss the action for Plaintiff s failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker, Kennedy & Drake,5 NY3d 514 (2005); and it is further 6 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 ORDERED, that the sale shall be conducted in accordance with the applicable judicial district foreclosure auction plan and rules in effect at the time of the auction; and it is further A copy of the auction rules for OSWEGO County is annexed hereto as Schedule B. Dated: Augusl4,2022 Oswego, New York HON, GREGOR R, GILBERT, J C Eligible homeowners impacted by the Covid-19 pandemic may be eligible for assistance through the New OJl$.l York State Homeowner Assistance Fund ("NYS HAF"), a state supported program to help homeowners avoid foreclosure. For more information about the NYS HAF, please visit nyhomeownerfu nd.org or contact 1 -844-77NYHAF. Ya 7 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 IAMENDED rol28l2oI FIFTH JUDICIAL DISTRICT FORECLOSURE SALE COVID-I9 PROTOCOLS In an Administrative Order of the Chief Administrative Judge of the Courts dated July 23, 2020 (AO 157/20), Chief Administrative Judge Lawrence Marks required eachjudicial district to assess auction practices within the distnct and to develop "appropriate procedures and protocols for the safe and healthful conduct of such actions within their districts in light of the COVID-19 pandemic" (AO 157/20). The policies and procedures set forth below will take effect immediately on approval and remain in effect during the COVID-19 health emergency. The policies and procedures herein will best ensure the requirements ofsocial distancing and any requirement for lace coverings. 4. Conferences: a. Prior to conducting any further proceedings in any foreclosure matter, the court must initiate a status or settlement conference (including, where applicable, a settlement conference pursuant to CPLR Rule 3408). If any party does not appear at the conference, the court shall reschedule and make a second attempt to hold the conference before undertaking fu rther proceedings. b. At the conference, the court shall review the procedural history ofthe matter; confirm compliance with notice requirements, inquire into the effects. ifany, that the COVID-19 pandemic has had upon the parties; review any special reliefunder state or federal law to which the parties may be entitled in light ofthe pandemic; refer unrepresentcd parties to local civil legal service providers and housing counseling agencies; assess any pending and anticipated motions; approve briefing schedules proposed by stipulation of the parties; and use best efforts (including referral to altemative dispute resolution) to resolve any outstanding issues. Pursuant to AOl23Zl20, the requirement ofa status or settlement conference in all foreclosure matters (including matters where ajudgment offoreclosure issued or an auction was scheduled prior to March I 7), set forth in AOll57l20 shall remain in effect, with two modillcations as lbllows: 8 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 (i) Conference Requirement for Vacant and Abandoned Property: No conference need be held in a foreclosure matter where the foreclosing lender submits an affirmation to the court averring that, following diligent inquiry, it knows the property at issue to be currently abandoned and vacant. (ii) Conference Requirement for In Rem Foreclosures: The conference requirement shall apply to in rem foreclosure proceedings only where the enforcing offrcer (e.g., the county attomey or other person filing the proceeding) deems such a conference to be in the public interest (for example, the conference is likely to result in a settlement beneficial to all parties). The Court shall attach to the Judgment ofForeclosure and Sale a copy of the COVID-I9 protocols that will be implemented at the foreclosure auctior/sale. The Amended Judgment of Foreclosure and Sale shall direct that a COVID-19 Notice shall be included in the advertisement published in the local newspaper stating that COVID-19 safety protocols will be followed at the foreclosure sale. Each Supreme Court Clerk in the Fifth Judicial District shall establish a centralized telephone, email or similar system to allow the Referee. attomeys, parties and participants to utilize for scheduling purposes and to obtain any information relating to the auction, including the date, place and time. No more than one public auction may be conducted at one time. Auctions must be scheduled at least 30 minutes apart. Al[ Orders appointing the Referee shall include a provision that the Referee agrees to comply with these Fifth Judicial District Foreclosure Sale Protocols, including social distancing and PPE guidelines. Before entering the Courthouse, the Ret'eree, attomeys and any member of the public shall undergo standard COVID-19 and New York State Travel Advisory questioning, be lnstructed to wear a face covering and have their temperature taken. Anyone with a fever will be excused fiom attending the foreclosure sale, as well as anyone answering the screening questions 9 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 in the affirmative. The location ofany foreclosure sale shall be held in a large venue to ensure appropriate social distancing as set forth below. During the auction/sale, the Referee, attomeys and any potential bidders shall stand or sit at least six (6) feet from one another. The Lobby or courtroom area should be prepared and marked to ensure appropriate social distancing. All aftendees shall wear a face mask at a[[ times, no exceptions. In addition, the Referee may wear a face shield. Court Security shall be present to enforce all safety protocols. In the rare event that an auctiorvsale shall exceed the space required for appropriate social distancing, the Referee shall immediately request the Supreme Court Clerk to relocate the sale to a larger room. The Referee shall have the authority to not proceed, and/or to stop an auction where COVID-I9 protocols, including social distancing cannot be followed. The Referee is further authorized to contact the Chief Clerk and/or Supreme Court Judge to request a larger space to conduct the auction. The Referee may, upon application to the Court, and upon good cause shown, apply to allow participants./bidders to appear virtually, provided the Chief Clerk is given two (2) business days' advance notice of the need for virtual capability. The Supreme Court Clerk ofeach County shall ensure that there is sufficient room and space to allow the Referee. participants and winning bidder to complete paperwork after the auction in an area that meets all safety protocols. Onondaga County The foreclosure auction shall be held in the Onondaga County Courthouse, Second Floor Lobby outside the County Clerk's Office. The Lobby is very large and will allow for adequate 10 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 social distancing. A Court Security Officer shall be in aftendance to ensure compliance with all COVID- I 9 protocols. Oswego County The foreclosure auction shall be held in the Main Lobby ofthe Oswego County Courthouse. A Court Security Officer shall be in attendance to ensure compliance with all COVID- I 9 protocols. Oneida County The foreclosure auction sha[[ be held in the Lobby ofthe Rome Supreme Courthouse to accommodate social distancing. A Court Security Officer shall be in attendance to ensure compliance with all COVID- l9 protocols. Jefferson County The foreclosure auction shall be held at the Jefferson County Court Complex in the front vestibule area with any overflow into the Lobby. Only bidding parties would be permitted in together with the Referee. The vestibule can accommodale lour (4) people and the Lobby would add 5-6. Histoncally, this is more than enough space. The Referee shall immediately notify the Supreme Court Clerk if the need for a larger space is anticipated. Herkimer County The foreclosure auction shall be held in the Lobbv ofthe Fifth Floor ofthe Countv Court Facility. Court Secnrity shall supervise the area for social distancing and PPE guidelines. 11 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 Lewis County The foreclosure auction shall be held in the Main Lobby of the Lewis County Courthouse, Lowville, NY. Court Security shall supervise the area for social distancing and PPE guidelines. 12 of 13 FILED: OSWEGO COUNTY CLERK 01/25/2023 08/09/2022 12:34 01:30 PM INDEX NO. EFC-2020-1187 NYSCEF DOC. NO. 61 47 RECEIVED NYSCEF: 01/25/2023 08/09/2022 Oswego County Supreme Court FORECLOSURE AUCTION PROCEDURES (Covid-'19 Period) ln an Administrat ./e Order cf the Chief Administrative Judge ot the Courts dated Juty 23, 2020 (AO 157/20), ChieJ Admrnislrative Judge Lawrence Marks required each judicial district to assess auction practices within the districl and to develop 'appropriate procedures and protocols for the safe and healthful conduct of such actions within their distrids in light of the COVID-19 pandemic" (AO 157i20). These policies and procedures set forth below for schedrling of Foreclosure Auctions have been approved for the Sri Judicial Districl, Oswego County, and w'll lake effect immediately. They shall remain in effect during the COVID-19 health em€rgency or until further dir€clion. 1. ln ordet to schedule an auction , Plaint,fts' attorneys musl ncw ccntact the Os, rego Fcreclosure Part at Oswe]o-Foreclosure-Sal -l..cculs lo schedule a sal date anC time ih€ email and associated calendarwrll be monitoreo by court slaft and they will confirm with you an appmved sale dale and time LOCATION OF ALL AUCTIONS: Oswego County Cour{house Main Lobby 25 East Oncida Street Oswego, NY '13126 2. Onli one au ion at a time may 0e condLcteo and auctions may snly be scheduled in hali- hour blocks, between the hours of 9am-1pm in o.der to avoid peak employe€ and general public entranc€Yexil times. 3. lf the Oswego Foreclosure Parl becomes aware of an auction tiat is schedulod lyithout the aporoval qltlhqEorsclosure Part and it conflicts with an auction p.operly scheduled through the Oswego Foreclosure Part. the fcllowing rules shall apply: a. The Plaintiffs' attomsy6 and Referees involved in the conflicting sal6s will be directed to check with thear clients andlo. other principals to enslire that their auclion is sel to :onlinue and their file in not on a loss niligation hold or some other stay: b. lf the conflicting aJctions ne€d to go fon ,/ard, the auctron that was scheduled lhrough the Os,wego Foreclosure Pad shall occur in the Oswego County Court Lobby. For th€ auclion lhal was not propert scheduled, the Referee rnust either 1. Hold the auclion outside 2. Properly re-schedu,e the auctlon with the court Granted Judoments of Foreclos-urq.and Sale shall incorporale directions consistent with th€ above and shall require coflipliance \ryith the 'Foreclosure Auclicn Rules for the 56 Judicial District" and the 'Covid-19 Healtn Emergency Rules" 13 of 13