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  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
  • Citimortgage, Inc. v. Eduardo Castro, Paola Castro, Marlon CastroReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 EXHIBIT R FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x CITIMORTGAGE, INC., INDEX # 007455/2014 Plaintiff, -against- TERMS OF SALE EDUARDO CASTRO, PAOLA CASTRO, MARLON CASTRO, x STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) The premises commonly known as 26 ARCHER ROAD, WEST HEMPSTEAD, NY 11552 as further described in the annexed advertisement of sale (the "Premises"), will be sold at auction (the "Auction") under the direction of AVROHOM GEFEN, ESQ, Referee, upon the following terms: 1. Each bidder shall be required to provide the Referee with his or her name and address prior to the commencement of the auction 2. Ten per cent of the total purchase price (the "Purchase Price") of said Premises based on the struck down bid at the auction (the "Initial Payment") will be required to be paid in cash, by unconditional bank cashiers or certified check of the successful bidder payable to the order of AVROHOM GEFEN, ESQ, Referee, at the time and place of sale, and for which a Referee's receipt will be given. 3. The balance of the Purchase Price will be required to be paid by the successful bidder (the "Purchaser") to the Referee (or directly to the Plaintift) at the office of the plaintiffs attomeys, David A. Gallo & Associates, LLP at 47 Hillside Avenue, 2nd Floor, Manhasset, NY 11030, or at such other time and/or place designated by the Referee on or before August 29th, 2022 when the said Referee's Deed will be ready for delivery (the "Closing Date"). Except as provided herein, TIME IS OF THE ESSENCE with respect to the Closing Date as to the Purchaser, only 4. The Referee or Plaintiffs counsel is not required to send any notice to the Purchaser; and, if the Purchaser neglects to call or fails to appear, ready, willing and able to complete the purchase at the time and place above specified to receive the Referee's Deed, the Purchaser will be in default of its obligations hereunder. An extension may be granted only on the following terms and conditions and is subject to the unanimous approval of both the Referee and the plaintiff: (a) any extension of time granted herein, for good cause, shall not exceed thirty (30) days (the date to which the Closing Date is extended is hereinafter referred to as the "Extended Date"); (b) Purchaser shall pay on the Closing Date interest at the rate of nine (9%) percent per annum on the total Purchase Price during the period from the Closing Date to the Extended Date and any other expenses connected with an adjournment (including attorney fees for re-drafting closing documents); (c) Purchaser shall assume all responsibility for the common charges, taxes, insurance and other costs or payments of any kind required to be paid by the Referee herein and the risk of loss or damage from any cause whatsoever FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 during the period of such extension; and (d) the Extension Date shall be TIME OF THE ESSENCE with respect to the Purchaser, only. 5. All local realty taxes, assessments and water and sewer rents duly confirmed and payable which are liens or encumbrances upon the Premises up to the date of the auction, except as hereinafter otherwise provided, will be paid by the Referee out of the Purchase Price, or allowed to the Purchaser upon delivery of proper vouchers showing the payment thereof to the Referee. In the case where the Plaintiff is not the purchaser of the premises, local realty taxes, assessments, water and sewer rents shall be apportioned as of midnight of the day before the auction, provided, however, all local realty taxes, assessments and water and sewer rents accruing subsequent to the date of the Auction shall be paid by the Purchaser without adjustment. All expenses of recording the Referee's deed, including but not limited to the transfer taxes, state and city, shall be paid by the purchaser. 6. The Purchaser of the Premises or any portion thereof, will at the time and the place of sale sign a memorandum of the purchase and an agreement to comply with the Terms of Sale herein contained. 7. The bidding will be kept open after the property is struck down; and in case any Purchaser shall fail to comply with any of these Terms of Sale, at the sole option of the plaintiffs counsel, either the Premises so struck down to the Purchaser will be again put up for sale under the direction of the Referee, under these same Terms of Sale, without application to the Court, unless the Plaintiffs attorneys shall elect to make such applicatiom or, the Premises will be sold to the next highest bidder at the original auction. In addition to any other liability of the Purchaser hereunder after a default, such Purchaser is liable for any deficiency there may be between the Purchase Price of the sale and the Purchase Price on the resale, and also for any costs or expenses occurring on such resale, including but not limited to plaintifPs reasonable attorney's fees and disbursements. 8. The Successful Bidder will pay David A. Gallo & Associates, LLP's closing fee in the estimated amount of $450.00 9. In the event the Purchaser fails for any reason to comply in any way with these Terms of Sale by the Closing Date or, if applicable, the Extended Date, then the Purchaser shall have no further rights to any monies deposited with the Referee and the referee is directed to tender the Partial Payment to Plaintiff within five (5) days of the date of the Purchaser's default, which sum shall reduce the amount which defendant mortgagor owes to the Plaintiff, to be applied in the following order: first, to the costs associated with the Auction including, but not limited to, legal fees and disbursements arising out of Purchaser's failure to comply with these Terms of Sale, second to escrow advances, third to interest and finally to principal. 10. In the event the Purchaser fails for any reason to comply in any way with these Terms of Sale by the Closing Date or, if applicable, the Extended Date, then the Purchaser shall have no further rights to any monies deposited with the Referee and the referee is directed to tender the Partial Payment to Plaintiff within five (5) days of the date of the Purchaser's default, which sum shall reduce the amount which defendant mortgagor owes to the Plaintiff, to be applied in the following order: first, to the costs associated with the Auction including, but not limited to, legal fees and disbursements arising out of Purchaser's failure to comply with these Terms of Sale, second to escrow advances, third to interest and finally to principal. 11. If this is a HUD loan (Housing & Urban Development) and the plaintiff is the successful bidder, FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 the plaintiff in its discretion may require the referee to convey the premises directly to HUD. 12. If this is a VA loan (Secretary of Veterans Affairs) and the plaintiff is the successful bidder, the plaintiff in its discretion may require the referee to convey the premises directly to the VA. 13. If this is a FNMA loan (Federal National Mortgage Association) and the plaintiff is the successful bidder, the plaintiff in its discretion may require the referee to convey the premises directly to FNMA. Dated By: AVROHOM GEFEN, ES(f, Referee FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 MEMORANDUM OF SALE I (WE) have this July 28th, 2022, purchased the premises above annexed described¼th9 printed advertisement of sale for the sum of4,, L.a..1 ,. . a..0 [ Ls BOLLARS ($ byf a f and hereby promise and agree to comply with the terms and conditions ofthe "terms of sale", which are incorporated herein, and "memorandum of sale", of said premises. Purchaser Address TelephoneWumber AVROHOM GEFEN, ESQ, Ref The undersigned, Referee, has received the s dollars being ten percent of the amount bid by for the property sold by me under the judgment in this action. . AVROHOM GEFEN, ESQ, Referee FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 Should the plaintiff, its successors and/or be the assigns, successful bidder the 10% initial payment is hereby waived. Dated: - ¬¾ AVROHOM GEFEN, ESQ, Referee David A. Gallo & Associates LLP Attorney for Plaintiff 47 Hillside Avenue - 2nd Floor Manhasset, NY 11030 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF . . DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------- ----------------------------------------Ç CITIMORTGAGE, INC., INDEX # 007455/2014 Plaintiff, -against- REFEREE'S REPORT OF SALE EDUARDO CASTRO, PAOLA CASTRO, MARLON CASTRO, Defendants. x TO THE SUPREME COURT: I, AVROHOM GEFEN, ESQ, the Referee in this action appointed by Judgment of this Court, entered on November 3rd, 2016 to sell all right, title and interest in the mortgaged premises known as 26 ARCHER ROAD, WEST HEMPSTEAD County of Nassau, State of NY 11552 (the "Premises") do report as follows: 1. I caused due notice of the sale of the Premises held on July 28th, 2022 at 2:30pm at public auction on the North Side steps of the Nassau County Supreme Court located at 100 Supreme Court Drive, Mineola, NY. See Affidavits of Publication annexed hereto. 2. I further report that on July 28th, 2022 at the time and place that the Premises were advertised for sale, I attended in person and offered the Premises for sale at public auction to the highest bidder. The Premises were then and there struck off to plaintiff, CITIMORTGAGE, INC., in this action for the sum of $384,750.00, that being the highest bid at the auction. 3. I further report that I have received from the plaintiff the sum of $250.00 for my fees as Referee in this action, and my receipt is attached hereto. 4. I do further report that after making payments of all sums due plaintiff and its attorney, the receipts for which are attached hereto, and after applying the highest sum bid at auction, there remains a deficiency computed as follows: FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 REFEREE'S DEED THIS DEED, made July 28th, 2022, between AVROHOM GEFEN, ESQ, as Referee, having an office at 3000 MARCUS AVE, NEW HYDE PARK, NY 11042, the Referee duly appointed in the action hereinafter mentioned ("Grantor"), and CITIMORTGAGE, INC., 1000 TECHNOLOGY DRIVE, MAIL STATION 100, O'FALLON, MO 63368 ("Grantee"). WITNESSETH, that Grantor, the Referee appointed in an action by CITIMORTGAGE, INC., as Plaintiff, against EDUARDO CASTRO, PAOLA CASTRO, MARLON CASTRO, as Defendants, Index # 007455/2014, foreclosing a Mortgage dated October 2, 2007, in the principal amount of $368,191.00, secured by a Mortgage in favor of Mortgage Electronic Registration Systems Inc. (MERS) as nominee for CitiMortgage, Inc., bearing the name of the Mortgagor (the "Mortgage") encumbering the property located at 26 ARCHER ROAD, WEST HEMPSTEAD, NY 11552 and evidencing and securing the Subject Loan. The Mortgage was recorded on October 11, 2007 in Liber 32407, Page 393, in the Nassau County Clerk's Office, State of New York. The Mortgage was assigned by Mortgage Electronic Registration Systems Inc. (MERS) as nominee for CitiMortgage, Inc. to CitiMortgage, Inc., as memorialized by an Assignment of Mortgage, executed on June 29, 2010, which was recorded on July 6, 2010 in Liber 34955, Page 800, in the Nassau County Clerk's Office, State of New York.; and pursuant to a Judgment of Foreclosure and Sale dated November 3rd, 2016 granted as IAS Part of the Supreme Court of Nassau, and entered on November 3rd, 2016 in the Office of the Clerk of Nassau; and in consideration of u. a 5 sdots y AND 7 D ($28 7 . ) DOLLARS and other valuable consideration paid by the Grantee, being the highest sum bid at the sale under said judgment, does hereby grant and convey unto Grantee and the heirs, executors, administrators, successors and/or assigns of the Grantee forever, "A" SEE SCHEDULE ATTACHED HERETO AND MADE A PART HEREOF. THE PREMISES BEING KNOWN BY THE STREET ADDRESS: 26 ARCHER ROAD, WEST HEMPSTEAD COUNTY OF NASSAU, STATE OF NY BY THE TAX MAP DESIGNATION: SECTION: 34 BLOCK: 316 LOT: 169 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 TO HAVE AND TO HOLD, the premises herein granted unto Grantee and the heirs, executors, administrators, successors, and/or assigns of Grantee forever. AVROHOM GEFEN, ESQ, REFEEEE STATE OF NEW YORK, COUNTY OF NASSAU, SS.: On the day of , 2022 before me, the undersigned, a notary public in and for said state, personally appeare VR HOM GEFEN, ESQ, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Nbthy phblic AMYEDIT secursonasonmen Aritems aduaNaan 3 My CanettlenE es FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF . . DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I AVROHOM GEFEN, ESQ, being duly swom, deposes and says: that he is the Referee duly appointed herein to make the sale in the above entitled action, and the officer who conducted the sale; that the report of sale signed by him is in all respects true and accurate and the report and statement annexed hereto, contain a true, accurate and complete report of the dispos tion of the proceeds of sale. AVROHOM GEFEN, ESQ,ÛtEFEREE S rn to befo me this day of uly 2022 . bh AMfEDIT somurnmur.sunsenuinent NF0mmmIntoalkpins FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 . NYSCEF .DOC. NO. 47 RECEIVED NYSCEF: 02/13/2023 RECEIPT I hereby acknowledge receipt from plaintiff the sum of $250.00 in full payment of my fees as Referee to sell under the Final Judgment of Foreclosure and Sale in the above entitled action. Dated: July 28th, 2022 AVROHOM GEFEN, ESQ RÈFEREE