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STATE OF NEW YORK : COUNTY OF CHAUTAUQUA
SUPREME COURT
FLOYD M. FERGUSON
9141 Kidder Road ORDER CONFIRMING REFEREE
Sherman, New York 14781 REPORT AND JUDGMENT
OFFORECLOSURE AND SALE
And
Index No. EK-1-2021-000045
BEVERLY A. FERGUSON
9141 Kidder Road
Sherman, New York 14781
Plaintiffs,
-vs-
Property Address:
JAMES L. LINGER 2745 Route 76
2745 Route 76, PO Box 174 Sherman, New York 14781
Sherman, New York 14781 County: Chautauqua
ORV C R
AMANDA L. LINGER n/k/a AMANDA L. CARON
1739 Route 426
91.41 Kidder Road
Clymer, New York 14724
Sherman, New York 14781
(716) 761-6247
CHAUTAUQUA OPPORTUNITIES, INC.
17 West Courtney Street
Dunkirk, New York 14048
Defendants.
On the Summons, Complaint and Notice of Pendency of Action filed in this action
January 12, 2021, and on all of the proceedings thereon, and on reading and filing
the Affirmation of Mark L. Bargar, Esq., dated March 28, 2022, showing that each of
the Defendants herein have been duly served with the Summons and Complaint in
this action, or have voluntarily appeared by their respective attorneys, and stating that
more than the legally required number of days had elapsed since said Defendants were
so served and/or appeared; and that none of the D.efendants had served any answer
to said Complaint, nor had their time to do so been extended; and that the Complaint
herein and due Notice of Pendency of this action containing all the particulars required
to be stated therein was duly filed in the Office of the Clerk of the County of
Chautauqua on January 12, 2021, and an Order of Reference having been duly made
to compute the amount due to the Plaintiffs upon the bond/note and mortgage set
forth in the Complaint and to examine and report whether the mortgaged property
can be sold in parcels,
AND on reading and filing the report of Mary B. Schiller, Esq., the Referee named
in said Order of Reference, by which Report, bearing date August 4, 2022 it appears
that the sum of $59,116.46 was due thereon at the date of said Report; and that the
mortgaged premises cannot be sold in parcels;
AND upon the Notice of Motion dated January 31, 2023, the Affirmation of Mark
L. Bargar, Esq. dated January 31, 2023 and upon the Certificate of Merit and Amount
Due of Floyd M. Ferguson duly sworn to the 12 day of January, 2023.
NOW, upon proof of due notice of this application upon all parties who had not
waived the same,
ON MOTION of Bly, Sheffield, Bargar & Pillittieri, Mark L. Bargar, Esq., of
counsel, attorney for the Plaintiffs, it is
ORDERED, ADJUDGED, AND DECREED, that the said Report of the said Referee
be and the same is hereby in all respects ratified and confirmed; and it is further
ORDERED, ADJUDGED, AND DECREED, that the mortgaged premises, and if
not sold sooner, any and all personal property in which the Plaintiffs have a security
interest, as described in the Complaint in this action or such part of the real property
thereof as may be sufficient to discharge the mortgage debt, the expense of the sale
and the costs of this action as provided by the Real Property Actions and Proceedings
Law be sold at public auction at the in the
of in the County of Chautauqua,
State of New York, by and under the direction of Mary B. Schiller, Esq., who is hereby
appointed Referee for that purpose; that the said Referee give public notice of the time
and place of such sale according to the law and the practice of this Court, in an official
publication, to wit: The ,
and it is further
ORDERED, ADJUDGED, AND DECREED, that all unpaid taxes, assessments
and water rates which are at the time of sale a lien on the premises, together with
such interest or penalties as may have lawfully accrued thereon to the date of
payment, be paid from the proceeds of said sale as an expense of such sale,
AND that the Plaintiffs or any other parties to this action may become the
Purchaser or Purchasers at such sale; that in case the Plaintiffs shall become the
Purchasers at the said sale, it shall not be r.equired to make any deposit thereon; that
said Referee execute to Purchaser or Purchasers on such sale a Deed of the premises
sold; that such Referee on receiving the proceeds of such sale shall deposit the
proceeds of sale in her own name as Referee in , and shall
thereafter make the following payments and his checks drawn for that purpose:
FIRST: The statutory fees of said Referee for conducting the sale not to exceed
$750.00.
SECOND: The expenses of the sale including posting and advertising.
THIRD: Said Referee shall also pay to the Plaintiffs or their attorney, the sum of
adjudged to the Plaintiffs for costs and disbursements in this action, as
more fully set out on the Costs of Plaintiffs Affirmation filed simultaneously with the
application for this order and judgement, hereby awarded to the Plaintiffs in addition
to costs with interest thereon from the date hereof; and also $ ,
the said amount so reported due as aforesaid, together with the legal interest thereon
from the date of said Report, or so much thereof as the purchase money of the
attorneys'
mortgaged premises will pay of the same which sum may include reasonable
fees if permitted by the bond/note and mortgage and any expenses necessarily paid
by the Plaintiff to preserve the premises not previously included in any computations,
FOURTH: That in case the Plaintiffs be the Purchasers of said mortgaged
premises at said sale, said Referee shall not require the Plaintiff to pay in cash the
entire amount bid at said sale, but shall execute and deliver to the Plaintiffs a Deed of
the premises sold upon the payment to said Referee of the amounts specified above in
"First"
items marked and "Second"; that the balance of the amount bid, after deducting
the amounts paid by the Plaintiff, for Referee's fees, and advertising expenses, shall
be allowed to the Plaintiffs and applied by said Referee upon the amounts due to the
Plaintiffs as specified above in item marked "Third"; that if after so applying the
balance of the amount bid, there shall be a surplus over and above said amounts due
to the Plaintiffs, the Plaintiffs shall pay to said Referee, upon delivery of said Referee's
Deed, the amount of such surplus; that said Referee on receiving said several amounts
from Plaintiffs shall then deposit the balance.
FIFTH: That said Referee deposit the surplus money, if any, with the Chautauqua
County Commissioner of Finance within five days after the same shall be received and
be ascertainable to the credit of this action, to be withdrawn only on the written order
of the Court, that the said Referee make her Report of such sale under oath showing
the disposition of the proceeds of the sale and file it with the Clerk of the County of
Chautauqua within thirty days after completing the sale and executing the proper
conveyance to the Purchaser and that if the proceeds of such sale be insufficient to
pay the amount reported due the Plaintiffs with interest and costs as aforesaid, the
Plaintiffs recover of the Defendants the whole deficiency or so much thereof as the
Court may determine to be just and equitable of the mortgage debt remaining
unsatisfied after the sale of the mortgaged premises and the application of the
proceeds thereof, provided a motion for a deficiency judgment shall be made as
prescribed by Section 1371 of the Real Property Actions and Proceedings Law within
the time limited therein, and the amount thereof is determined and awarded by and
order of this Court as provided for in such action; and it is further
ORDERED, ADJUDGED AND DECREED, that the Purchaser or Purchasers at
such sale be let into possession on production of the Referee's Deed: and it is further
ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants in
this action and all persons claiming under them, or any or either of them, after the
filing of such Notice of Pendency of this action, be and they hereby are, barred and
foreclosed of all right, claim, lien, title, interest and equity of redemption in the said
mortgaged premises and each and every part thereof; and it is further
ORDERED, ADJUDGED AND DECREED, that the liens of the Plaintiff other than
the mortgage or mortgages that are the subject matter of this action also be foreclosed
herein as thought the Plaintiffs were named as party Defendants, specifically reserving
to the Plaintiffs its right to share in any surplus monies as a result of such position as
a lien creditor.
That a description of the said mortgaged premises hereinbefore mentioned, is
annexed hereto as Schedule A-Legal Description.
ENTER.
Dated: , 2023
Hon. Stephen A. Cass, JSC
Chautauqua County Supreme Court
SCHEDULE A
LEGAL DÉSCRIPTION
ALL Tl IAT TRACT OR PARCEL OF LAND, situate in the Town of Sherman,
County of Chautnuqua and State of New York, and known as part of Lot 30, Town 2,
Range I4 of the Holland Land Company's Survey, bounded and described as Follows:
Beginning at a point in the centerline of New York State Route No. 76, said point being
the northeast corner of lands of Floyd M. Ferguson described in Liber 2243 of Deeds at
Page 21, and said point also being the southeast corner of lands of Ann F. Gamrnons
described in Liber of Deeds at Page 334; thence south along the said centerline
2512
of New York State Route No. 76, 275 feet more or less to a point, said point being the
northeast corner of lands of Steve & Terri Seekings described in Liber 2574 of Deeds at
Page 913; thence west along the north bounds of said lands of Seekings, 466 feet more
or less to a point, said point being the northwest corner of said lands of Seekings; thence
north along a line parallel to the centerlinc of New York State Route No. 76, 275 feet
more or less to a point in the south bounds of said lands of Gammons; thence east along
the south bounds of said lands of Gammons, 466 feet more or less to the point or place of
beginning, containing 3 acres of land more or less.
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STATE OF NEW YORK : COUNTY OF CHAUTAUQUA SUPREME COURT FLOYD M. FERGUSON 9141 Kidder Road ORDER CONFIRMING REFEREE Sherman, New York 14781 REPORT AND JUDGMENT OFFORECLOSURE AND SALE And Index No. EK-1-2021-000045 BEVERLY A. FERGUSON 9141 Kidder Road Sherman, New York 14781 Plaintiffs, -vs- Property Address: JAMES L. LINGER 2745 Route 76 2745 Route 76, PO Box 174 Sherman, New York 14781 Sherman, New York 14781 County: Chautauqua ORV C R AMANDA L. LINGER n/k/a AMANDA L. CARON 1739 Route 426 91.41 Kidder Road Clymer, New York 14724 Sherman, New York 14781 (716) 761-6247 CHAUTAUQUA OPPORTUNITIES, INC. 17 West Courtney Street Dunkirk, New York 14048 Defendants. On the Summons, Complaint and Notice of Pendency of Action filed in this action January 12, 2021, and on all of the proceedings thereon, and on reading and filing the Affirmation of Mark L. Bargar, Esq., dated March 28, 2022, showing that each of the Defendants herein have been duly served with the Summons and Complaint in this action, or have voluntarily appeared by their respective attorneys, and stating that more than the legally required number of days had elapsed since said Defendants were so served and/or appeared; and that none of the D.efendants had served any answer to said Complaint, nor had their time to do so been extended; and that the Complaint herein and due Notice of Pendency of this action containing all the particulars required to be stated therein was duly filed in the Office of the Clerk of the County of Chautauqua on January 12, 2021, and an Order of Reference having been duly made to compute the amount due to the Plaintiffs upon the bond/note and mortgage set forth in the Complaint and to examine and report whether the mortgaged property can be sold in parcels, AND on reading and filing the report of Mary B. Schiller, Esq., the Referee named in said Order of Reference, by which Report, bearing date August 4, 2022 it appears that the sum of $59,116.46 was due thereon at the date of said Report; and that the mortgaged premises cannot be sold in parcels; AND upon the Notice of Motion dated January 31, 2023, the Affirmation of Mark L. Bargar, Esq. dated January 31, 2023 and upon the Certificate of Merit and Amount Due of Floyd M. Ferguson duly sworn to the 12 day of January, 2023. NOW, upon proof of due notice of this application upon all parties who had not waived the same, ON MOTION of Bly, Sheffield, Bargar & Pillittieri, Mark L. Bargar, Esq., of counsel, attorney for the Plaintiffs, it is ORDERED, ADJUDGED, AND DECREED, that the said Report of the said Referee be and the same is hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED, AND DECREED, that the mortgaged premises, and if not sold sooner, any and all personal property in which the Plaintiffs have a security interest, as described in the Complaint in this action or such part of the real property thereof as may be sufficient to discharge the mortgage debt, the expense of the sale and the costs of this action as provided by the Real Property Actions and Proceedings Law be sold at public auction at the in the of in the County of Chautauqua, State of New York, by and under the direction of Mary B. Schiller, Esq., who is hereby appointed Referee for that purpose; that the said Referee give public notice of the time and place of such sale according to the law and the practice of this Court, in an official publication, to wit: The , and it is further ORDERED, ADJUDGED, AND DECREED, that all unpaid taxes, assessments and water rates which are at the time of sale a lien on the premises, together with such interest or penalties as may have lawfully accrued thereon to the date of payment, be paid from the proceeds of said sale as an expense of such sale, AND that the Plaintiffs or any other parties to this action may become the Purchaser or Purchasers at such sale; that in case the Plaintiffs shall become the Purchasers at the said sale, it shall not be r.equired to make any deposit thereon; that said Referee execute to Purchaser or Purchasers on such sale a Deed of the premises sold; that such Referee on receiving the proceeds of such sale shall deposit the proceeds of sale in her own name as Referee in , and shall thereafter make the following payments and his checks drawn for that purpose: FIRST: The statutory fees of said Referee for conducting the sale not to exceed $750.00. SECOND: The expenses of the sale including posting and advertising. THIRD: Said Referee shall also pay to the Plaintiffs or their attorney, the sum of adjudged to the Plaintiffs for costs and disbursements in this action, as more fully set out on the Costs of Plaintiffs Affirmation filed simultaneously with the application for this order and judgement, hereby awarded to the Plaintiffs in addition to costs with interest thereon from the date hereof; and also $ , the said amount so reported due as aforesaid, together with the legal interest thereon from the date of said Report, or so much thereof as the purchase money of the attorneys' mortgaged premises will pay of the same which sum may include reasonable fees if permitted by the bond/note and mortgage and any expenses necessarily paid by the Plaintiff to preserve the premises not previously included in any computations, FOURTH: That in case the Plaintiffs be the Purchasers of said mortgaged premises at said sale, said Referee shall not require the Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiffs a Deed of the premises sold upon the payment to said Referee of the amounts specified above in "First" items marked and "Second"; that the balance of the amount bid, after deducting the amounts paid by the Plaintiff, for Referee's fees, and advertising expenses, shall be allowed to the Plaintiffs and applied by said Referee upon the amounts due to the Plaintiffs as specified above in item marked "Third"; that if after so applying the balance of the amount bid, there shall be a surplus over and above said amounts due to the Plaintiffs, the Plaintiffs shall pay to said Referee, upon delivery of said Referee's Deed, the amount of such surplus; that said Referee on receiving said several amounts from Plaintiffs shall then deposit the balance. FIFTH: That said Referee deposit the surplus money, if any, with the Chautauqua County Commissioner of Finance within five days after the same shall be received and be ascertainable to the credit of this action, to be withdrawn only on the written order of the Court, that the said Referee make her Report of such sale under oath showing the disposition of the proceeds of the sale and file it with the Clerk of the County of Chautauqua within thirty days after completing the sale and executing the proper conveyance to the Purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due the Plaintiffs with interest and costs as aforesaid, the Plaintiffs recover of the Defendants the whole deficiency or so much thereof as the Court may determine to be just and equitable of the mortgage debt remaining unsatisfied after the sale of the mortgaged premises and the application of the proceeds thereof, provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions and Proceedings Law within the time limited therein, and the amount thereof is determined and awarded by and order of this Court as provided for in such action; and it is further ORDERED, ADJUDGED AND DECREED, that the Purchaser or Purchasers at such sale be let into possession on production of the Referee's Deed: and it is further ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants in this action and all persons claiming under them, or any or either of them, after the filing of such Notice of Pendency of this action, be and they hereby are, barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the said mortgaged premises and each and every part thereof; and it is further ORDERED, ADJUDGED AND DECREED, that the liens of the Plaintiff other than the mortgage or mortgages that are the subject matter of this action also be foreclosed herein as thought the Plaintiffs were named as party Defendants, specifically reserving to the Plaintiffs its right to share in any surplus monies as a result of such position as a lien creditor. That a description of the said mortgaged premises hereinbefore mentioned, is annexed hereto as Schedule A-Legal Description. ENTER. Dated: , 2023 Hon. Stephen A. Cass, JSC Chautauqua County Supreme Court SCHEDULE A LEGAL DÉSCRIPTION ALL Tl IAT TRACT OR PARCEL OF LAND, situate in the Town of Sherman, County of Chautnuqua and State of New York, and known as part of Lot 30, Town 2, Range I4 of the Holland Land Company's Survey, bounded and described as Follows: Beginning at a point in the centerline of New York State Route No. 76, said point being the northeast corner of lands of Floyd M. Ferguson described in Liber 2243 of Deeds at Page 21, and said point also being the southeast corner of lands of Ann F. Gamrnons described in Liber of Deeds at Page 334; thence south along the said centerline 2512 of New York State Route No. 76, 275 feet more or less to a point, said point being the northeast corner of lands of Steve & Terri Seekings described in Liber 2574 of Deeds at Page 913; thence west along the north bounds of said lands of Seekings, 466 feet more or less to a point, said point being the northwest corner of said lands of Seekings; thence north along a line parallel to the centerlinc of New York State Route No. 76, 275 feet more or less to a point in the south bounds of said lands of Gammons; thence east along the south bounds of said lands of Gammons, 466 feet more or less to the point or place of beginning, containing 3 acres of land more or less.