Preview
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
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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:
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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
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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
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My CanettlenE es
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF
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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
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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