Preview
(FILED: ONONDAGA COUNTY CLERK 0870972022 10:46 AM INDEX NO. 004634/2017
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022
z
Rt an IAS. Term of the Supreme
Court of the Staté af New York
held in and for the County of
Onondaga. ‘the Courthouse
‘therant 4 Montgomery Street,
Syracuse, NY 13202) on
202d. .
PRESENT
Hon, Joseph E. vanien 1 Bie.
Honorable:
dustice
oo ~— a se R
THE BANK OF Naw YORK: MELLON FKA THE BANK
oF NEW YORK, AS TRUSTEE FOR THE
SEHOLDERS CWALT, ORDER CONFIRMING REFEREE
or ING. , REPORT
AND JUDGMENT OF
AU ERNA’ TRUST 2004: -30CB,
MORTGAGE FORECLOSURE
AND SALE
PASS~: BROUGH CERTIFICATES,
SERIES 2004-36)
INDEX NO.: 00463472017
RIE No, 3341749932
Plaintiff (s),
Property Address
“against= 42: Sandbar Lane
Liverpool, NY 13090
DUANE PD. KINNON,. EMPOWER FEDERAL CREDIT Section: 58.1
UNION, “JOHN DOR“ Block: 2
Lots: 13.2
_ Meant (s)}.
om we ca de a e me
me eR
.
[PLAINTIFF'S COUNSEL MUST CHECK AND COMPLETE
ALL APPLICABLE. ENTRIES IN THIS JUDGMENT OF
FORELCOSURE AND SALE EXCEPT AS OTHERWISE NOTED]
Plaintiff having Weved this Court. for a Judgment of roreclosuve and
Sale,
NOW, upon Plaintiff's O ex parte application ot m Motion heard on
duly 28, 2022, at which time Ol Plaintiff/ O Defendant appeared, mor no
appearances were required, and upon all prior proceesings Kheréin,, and
upon all prior proceedings herein, and a settlement/status conference
having been held én Deceriber: 10, 2021, and (if requested pursuant to
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.
AO/137/20) a second settlement/status conference having been held on
March 1, 2022, and upon
1) the Summons and Complaint filed on September 25, 2017;
2) the Notice of Pendency filed on September 25, 2017, Renewal
Notice of Pendeney filed on Novenibex 24, 20207
3) the Affirmation of Jacqueline K. Latter, Esq, affirmed on April
4, 2022, with Exhibits “A-¥" annexed;
4) the Affidavit of Merit. ahd Amowit Dué dated Apsil 3, 2018,
with Exhibits antiexsdy
5) the Report. of the Referee, doseph P. Gorgoni, Esq., dated
January 24, 2020, by which Report it appears that the sum of
$135,178.98 was due as of March 30, 2018, and the ‘hoxtgaged.
prentene should be sold. one parcel Or
a é¥
§) proof of service upon all parties entitled to notice of this
application for a Judgment: of Foreclosure and Sale;
1) Gthet [speci 1:
it is hereby
: Ratification of Referee’s Report
ORDERED, ADJUDGED and DECREED that to thé extent provided for herein
the Report of Referee Joseph B. Gorgoni, Esq., dated January 24, 2020,
be and the same hereby ratified and confirmed; and it is further
Sale Instructions
ORDERED, ADJUDGED and DECREED that the above-described mortgaged
premises, or such part thereof as may be sufficient: to discharge the
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©
mortgage debt, ‘the expenses of the sale, and the costs of this action as
provided by the Real Property Actions and Prodesdings Law, be sald inf
one parcel or O ; at publie anetion
on the Second Floor of the Onovdaga Cotinty Courthouse, 401 Montgomery
Stueet, Syracuse, New York in the piblic meeting area located outside
the tain etitrance of the Onondaga County Clerk's Office by and under the
direvtion of the Referee, who is appointed herein for that purpose, The
Referee shall. coordinate with the Supreme Court Clerk’s office at
Qnonsuprenecivil@nyoourts.gov to set the date of Bale, afd shall. give
public notice of the time and place of gale in actdérdance with RPAPL
$231 in the Syracuse Post-Standard, and in accordance with the Fifth
Judicial District Foreclosure Sale Covid-19 Protocol, attached hereto,
ineluditig that a Covid-19 Notice shall be dineluded in the advertisement:
published in the loéal néwSpaper stating that all Covid-19 safety
Protodols will be followed and enforced by the Referee at the foreclosure
saley and
[The Court: Will Initial the Applicable provision Below]
the Referee shall conduct the foreclosure sale as: soon as
reasonably possible, but in no event. prior to , 202;
K the Referee shall conduct the foreclosure sale on of before
Ocloer 3022 i‘ and it. is further
Initial Bid Instructions
ORDERED, ADJURGED and DEGREED that the Referee shall detept at such
sale the highest bid offered by a bidder who shall be identified upon
the court afd shall require that such successful bidder immediately
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exeeute Terms of Sale for the purchase of the premises and pay to the
Referee, in cash or certified or bank. check, ten percent (10%) of the
sum bid, unless the successful bidder is the Plaintiff, in whieh case no
deposit against the purchase price stall be requireds and it is further
Subsequent Bid Instructions
ORDERED, ADJUDGED arid DECREED that in the event the First suecessful
biddes fails to execute the Terms of Sale immediately following the
bidding upon the subject. premises or fail to ditimediately pay tne ten
percent (10%) deposit as required, the premises shall. immediately and on
the same day be reoffered at auction: and it is further
Closing of Title
ORDERED, ADJUDGED and DECREED that the closing of title shall, take
place at the office of the Referee or at such other location as the
Referee shall determine and the closing of title and filing of the
Refétee’s deed shall be made within forty-five (45) days after such sale
uhless otherwise stipulated to by all parties. The Referee shall transfer
title only te the suecessful bidde# at the auction. “Any delay or
adjournment of the closing date beyond ferty~five (45) days may be
stipulated to by the parties with the Referee’s consent up to ninety
(90) days from the date of sale. Any adjournment beyond ninety (90) days
may be set only with approval from this Courty and it is further
Deposit of Funds
ORDERED, ADJUDGED and DECREED that the Referee shall deposit all
funds received pursuant. to this Judgment of Foreclosure afd Sale in. the
Referee’s IOLA account; and it is further
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Payments from Funds
ORDERED, ADJUDGED and DECREED that the Referee on neeéiving the
proceeds of such sale shall cause to be paid promptly therefrom:
‘FIRST: The statutory fees and commissions of the Referee pursuant
to CPLR S8003(b) in the smhount of $750.00. In the event a scheduled sale
is ¢ancelled or postponed by a person or entity other than the Referee,
or the action ie discontinued, pursuant to CPLR §8003(a) the plaintite
Shall pay to the Referee the sum of $350.00 for ¢ach adjournment or
cancellation, and for any discontinpanwa. Such compensation may be
recouped from the proceeds of sale as a cost to plaintiff. This Judgement
of Foreclosure and Sale constitutes the necessary prior authorieation
for Gompansation as set forth herein. No compensation totaling in excess
of $1,100. including compensation authorized pursuant to CPLR §8003 (a)
for computation of the sum due to plaintiff, May be accepted by the
Réferée without Court approval. and compliance with the provisions of 22
NYCRR §36.4.
SECOND: The reasonable expenses of the sale, including the cost of
advertising as shown-on the bills presented and certified by the Referee
to be correct, copies of which shall be annexed to the Report of Sale.
The Reféree shall not be Held responsible for the payment of penalties
or fees pursuant to this appointment. The Purchaser shall hold the
Referee hatmléss from any such penalties or fees assessed.
THIRD: Pursuant to RPAPL §1354 in accordance with their priority
accotding to law, all taxes, assessments, sewer tents, water rates and
any other changes placed upon the premises by any wmunicipal authorities
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having priority over the foreclosed mortgage and which are liens on the
premises at: the time of sale, with such interest om penalties that
lawfully may have accrued thereon. to the date of payment.
V,
, ,
FOURTH: as limited herein dhe Plaintiff ex its attorneys LO.
(ay ‘The sum of ¢ Q,0/7.4Y ~ 7 sor costs and disbursements in this
action to be taxed by the Clerk, with interest from the date
bexeot?
(by the sum of $135,178.98, the amount reported by the Referee and/or
approved by the Court as due, together with interest thereon
pursuant to the terms éf the Note from Mareh 30, 2018, the date
to which interest was caéleulated in. the Report Gf the Referee
through the date of entry of this Judgment of Foreclosure ard
Sale, and thereafter at the statutory post~judgment rate to the
date of transfer of title, om so much thereof as the purchase
Money of the mortgaged. errr will pay of the same:
6
{ey The sum of $_@. “Abereby awarded Plaintif? ay reasonable
legal fees am provided for in the Mortgage;
(d) The amount of any advances provided for in the Note and Mortgage
that Plaintiff may have. made for taxes and insurance, and. amounts
due: to prior iortgagors, upon presentation to the Referee of
receipts for thesé expenditures;
(ey The atiount of any advances provided for in the Note and Mortgage
that Plaintiff reasonably may have made to maintain the premises
pending consummation of the foreclosure sale upon presentation
to the Referee of receipts for these expenditures.
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Notwithstanding sub-patagraphs FOURTH (hi) and FOURTH(e) above,
Plaintiff may recover interest for only (90) ninety days after the
date of this Judgment of Foreclosure and Sale, and Plaintiff may
recover up to a maximum of only $250.00 for any maintenance’ or
premise preservation expenses after this Judgment of Foreclosure;
and it is further
ORDERED, ‘ADJUDGED: and DECREED, that upor the sale of the mortgaged
premises, the Refezee appointed to conduct such sale. (or any avecessor
xeferee appointed in this action), should there be any surplus money
left after the payment of costs of this sale and sumg due to Plaintiff
as set forth above, that said Referee shall pay said surplus monies to
the junier mortgage holder, Empower Federal credit Union, upon an
affidavit of the amount due to the mortgagee: and it is further
Report of sale
ORDERED, ADJUDGED and DECREED that the Referee shall. timely file
the Refexéee's Report of Sale. and Plaintiff shall timely move to confirm
the Referéé's Report of Sale pursuant to RPAPL § 1355; and it is further
Plaintiff as Purchaser
ORDERED, ADJUDGED and DECREED that in the event Plaintiff purchases
the mortgaged premises at the sale, the Referee shall not require the
Plaintiff to pay in cash the entire amount of the bid at the sale but
shall exeeute and deliver to the Plaintiff @ deed of the premises sold
Upon payment to the Referee of the stim awarded. under the above: provisions
marked. “FIRST,” “SECOND,” and “THIRD,” if such expenses were paid by the
Referee, or in lieu of the payment of the last mentioned amounts, upon.
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filing with the Referee receipts of the proper municipal authorities
showing payment thereof. The balance of the amount bid, after deducting
therefrom the aforementioned payments to the Referee shall be allowed to
the Plaintift and applied by the Referee upoh the amounts due to the
Plaintiff as specified in item marked “ProuRt * If upon applying the
balance of the amount bid, there is a surplus over and above the amounts
due to Plaintiff, then upon delivery to Plaintiff of the Réfetee's deed)
Plaintife shall pay to the Referee the amount of such surplus, which
amount shall be applied by the Referee, upon motion made pursuant to
RPAPL §1351(3), and proof satisfactory to the Referee of the sums due
thereon, toe any subordinate mortgage duly recorded against the premises
pursuant to RPAPL $1354(3), which payment shall be reported in the
Referee's Report of Sale. Any surplus remaining after all payments as
herein provided shall be deposited into Court in accordance with RPAPL
$1354 (4) and the Referee shall immediately give notice of such surplus
to the owner of the mortgaged premises as: identified by Plaintiff at the
time of the sale; and it is further
Surplus. Monies
ORDERED, ADJUDGED and DECREED; that the Referee shall take and file
with the Referee’s Report of Sale plaintiff's receipt(s) for the amounts
paid as directed in item matked “FOURTH,” and the Referee shall deposit
the suxplus monies, if any, with the Onondaga, County Departnient of
Finan¢e, to the credit of this action, within five (5) days after receipt
unless such period is deemed extended by the filing 6f an application
for additional compensation, to be withdrawn only upon order of this
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Court; and. the Referee shall make tha Referes’s Report of Sale under
oath showing the disposition of the proceeds of the sale aecompanied by
the vouchers of the person(s) to whem payment was made and file it in.
the Onondaga County Clerk's Office within thirty (30) days after
gompleting the sale and executing the propex conveyance to the purchaser
or within thirty (30) days of a decision of this court. with respect to
any application for additional compensation? and it is further
Foreclosure Action Surplus Monies Form
ORDERED, ADJUDGED and DECREED that the Referee shall complete the.
Foreclosure Action Surplus Monies Fort and file it in the Onondaga County
Clerk's Office and deliver a copy to the Court within thirty (30) days
of the foreclosure sale; and it is futher
Deficiency Judgment Application
ORDERED, ADJUDGED and DECREED that if the proceeds of the sale are
insufficient to pay the amount reported by the Referee as due to.
Plaintiff, the Plaintiff may apply to the Court to recover the whole or
such part of the deficiency as prescribed by RPAFL $1371; and it is
further
Possession
ORDERED, ADJUDGED and DECREED that, the purchaser'ts} at; the
foreclosure sale be let. into possession of the premises on production of
the Referee's deed; and it is further
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|
|t ’
*
Claims: Barred
ORDERED, ADOUDGED and DECREED that the Defendant(s} in this action,
and all persons claiming under any of them. after the filing of the Notice
of Pendency of this action, be and hereby forever barred and foreclosed
of all right, claim, lien, title, interest and equity of redemption in
the Mortgaged premises and each part thereof; and it is further
Conditions of Sale
PRDERED, ADJUDGED and DECREED: that. the premises be scold in “as is”
physical order and condition on the day of sale, subject to any state of
facts: that an inspection of the premises would disclose, any state of
facts that an accurate survey of the pretiises would show, ahy Covenants;
restrictions, declarations, reservations, easements, right of way and
public utility agreements of record, any building and zoning ordinances
of the municipality in which the mortgaged premises are located and
possible violations of same, any rights of tenants or: persons in
possession of the subject premises, prior liens of record, if any, except
those liens addressed in RPAPL $1354, and any equity of redemption of
the United States of America to redeem the premises within one hundred
twenty (120) days from the date of sale. Risk of loss shall not pass to
purchaser uttil ¢losing of titles and it is further
Refaree Qualification
ORDERED, ADJUDGED and, DECREED that by accepting this appointment,
the Referee certifies that he/she is in compliance with Part 36 of the
Rules of thé Chief Judge including but not limited to 22 NYCRR $36.2 (co)
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ODisqualifications: from, appointment} and. 22 NYCRR $36.2 (d)
(Limitations on appointmerits based upon compensation”); and it is
further
Additional Relief Requested.
ORDERED, ADJUNGED AND DECREED that the Mortgage recorded on November
12, 2004, im Book 14201 at Page 0897 and Correction Mortgage recorded on
April 14, 2005, ih Book 14351 at Page 0192, of the Official Records of
Onondaga, County, New York, be reformed by substituting the true and
correct legal desaription of the mortgaged premises as annexed hereto as
Schedule “A”; and it is further
Service of Judgment of Foreclosure and Sale
ORDERED ; ADJUDGED and DECREED that a Gopy of this Judgment of
Foreclosure and Sale with notice of entry shall be served within, twenty
(20) days of entry and Ho less than thitty (30) days prio# te sale upon
the designated Referee, the owner off the equity of redemption as. of the
date of this Judgment. of Foreclosure and Sale, any tenants named in this
action, aia any other party entitled to notice; and it is further
Service of Notice of Sale
ORDERED, ADJUDGED and DECREED that Plaintiff shall serve a copy of
the Notice of Sale upon the owner of equity of redemption at the owner
of equity of redemption's last, known address and at the property address,
and an affidavit of suéh. service hall be filed at least ten (10) days
prior to the scheduled sale; and it is further
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FILED: ONONDAGA COUNTY CLERK 0870972022 10:46 AM
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022
“
Transfer of Interest During Pandency
ORDERED, ADJUDGED and DECREED: that. during the pendency of this
action if any interest, in the Note and/or Mortgage that is subject of
this action has been transferred, the person or entity to whom the
interest has been tratisferred shall apply to the Gourt within thirty
(30) days of the transfer to be substituted or joined in this action
pursuant to SEER $1018.
Dated: Pytubt Uset.
sr eater H, NA+ 9
dla, 1S.c.
Wg - LAD
LE 2S
Preview
(FILED: ONONDAGA COUNTY CLERK 0870972022 10:46 AM INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 z Rt an IAS. Term of the Supreme Court of the Staté af New York held in and for the County of Onondaga. ‘the Courthouse ‘therant 4 Montgomery Street, Syracuse, NY 13202) on 202d. . PRESENT Hon, Joseph E. vanien 1 Bie. Honorable: dustice oo ~— a se R THE BANK OF Naw YORK: MELLON FKA THE BANK oF NEW YORK, AS TRUSTEE FOR THE SEHOLDERS CWALT, ORDER CONFIRMING REFEREE or ING. , REPORT AND JUDGMENT OF AU ERNA’ TRUST 2004: -30CB, MORTGAGE FORECLOSURE AND SALE PASS~: BROUGH CERTIFICATES, SERIES 2004-36) INDEX NO.: 00463472017 RIE No, 3341749932 Plaintiff (s), Property Address “against= 42: Sandbar Lane Liverpool, NY 13090 DUANE PD. KINNON,. EMPOWER FEDERAL CREDIT Section: 58.1 UNION, “JOHN DOR“ Block: 2 Lots: 13.2 _ Meant (s)}. om we ca de a e me me eR . [PLAINTIFF'S COUNSEL MUST CHECK AND COMPLETE ALL APPLICABLE. ENTRIES IN THIS JUDGMENT OF FORELCOSURE AND SALE EXCEPT AS OTHERWISE NOTED] Plaintiff having Weved this Court. for a Judgment of roreclosuve and Sale, NOW, upon Plaintiff's O ex parte application ot m Motion heard on duly 28, 2022, at which time Ol Plaintiff/ O Defendant appeared, mor no appearances were required, and upon all prior proceesings Kheréin,, and upon all prior proceedings herein, and a settlement/status conference having been held én Deceriber: 10, 2021, and (if requested pursuant to 1 of 14 INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 . AO/137/20) a second settlement/status conference having been held on March 1, 2022, and upon 1) the Summons and Complaint filed on September 25, 2017; 2) the Notice of Pendency filed on September 25, 2017, Renewal Notice of Pendeney filed on Novenibex 24, 20207 3) the Affirmation of Jacqueline K. Latter, Esq, affirmed on April 4, 2022, with Exhibits “A-¥" annexed; 4) the Affidavit of Merit. ahd Amowit Dué dated Apsil 3, 2018, with Exhibits antiexsdy 5) the Report. of the Referee, doseph P. Gorgoni, Esq., dated January 24, 2020, by which Report it appears that the sum of $135,178.98 was due as of March 30, 2018, and the ‘hoxtgaged. prentene should be sold. one parcel Or a é¥ §) proof of service upon all parties entitled to notice of this application for a Judgment: of Foreclosure and Sale; 1) Gthet [speci 1: it is hereby : Ratification of Referee’s Report ORDERED, ADJUDGED and DECREED that to thé extent provided for herein the Report of Referee Joseph B. Gorgoni, Esq., dated January 24, 2020, be and the same hereby ratified and confirmed; and it is further Sale Instructions ORDERED, ADJUDGED and DECREED that the above-described mortgaged premises, or such part thereof as may be sufficient: to discharge the 2 of 14 INDEX NO. 004634/2017 NYSCEF Doc. NO. 81 RECEIVED NYSCEF: 08/09/2022 © mortgage debt, ‘the expenses of the sale, and the costs of this action as provided by the Real Property Actions and Prodesdings Law, be sald inf one parcel or O ; at publie anetion on the Second Floor of the Onovdaga Cotinty Courthouse, 401 Montgomery Stueet, Syracuse, New York in the piblic meeting area located outside the tain etitrance of the Onondaga County Clerk's Office by and under the direvtion of the Referee, who is appointed herein for that purpose, The Referee shall. coordinate with the Supreme Court Clerk’s office at Qnonsuprenecivil@nyoourts.gov to set the date of Bale, afd shall. give public notice of the time and place of gale in actdérdance with RPAPL $231 in the Syracuse Post-Standard, and in accordance with the Fifth Judicial District Foreclosure Sale Covid-19 Protocol, attached hereto, ineluditig that a Covid-19 Notice shall be dineluded in the advertisement: published in the loéal néwSpaper stating that all Covid-19 safety Protodols will be followed and enforced by the Referee at the foreclosure saley and [The Court: Will Initial the Applicable provision Below] the Referee shall conduct the foreclosure sale as: soon as reasonably possible, but in no event. prior to , 202; K the Referee shall conduct the foreclosure sale on of before Ocloer 3022 i‘ and it. is further Initial Bid Instructions ORDERED, ADJURGED and DEGREED that the Referee shall detept at such sale the highest bid offered by a bidder who shall be identified upon the court afd shall require that such successful bidder immediately 3 of 14 INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 exeeute Terms of Sale for the purchase of the premises and pay to the Referee, in cash or certified or bank. check, ten percent (10%) of the sum bid, unless the successful bidder is the Plaintiff, in whieh case no deposit against the purchase price stall be requireds and it is further Subsequent Bid Instructions ORDERED, ADJUDGED arid DECREED that in the event the First suecessful biddes fails to execute the Terms of Sale immediately following the bidding upon the subject. premises or fail to ditimediately pay tne ten percent (10%) deposit as required, the premises shall. immediately and on the same day be reoffered at auction: and it is further Closing of Title ORDERED, ADJUDGED and DECREED that the closing of title shall, take place at the office of the Referee or at such other location as the Referee shall determine and the closing of title and filing of the Refétee’s deed shall be made within forty-five (45) days after such sale uhless otherwise stipulated to by all parties. The Referee shall transfer title only te the suecessful bidde# at the auction. “Any delay or adjournment of the closing date beyond ferty~five (45) days may be stipulated to by the parties with the Referee’s consent up to ninety (90) days from the date of sale. Any adjournment beyond ninety (90) days may be set only with approval from this Courty and it is further Deposit of Funds ORDERED, ADJUDGED and DECREED that the Referee shall deposit all funds received pursuant. to this Judgment of Foreclosure afd Sale in. the Referee’s IOLA account; and it is further 4 of 14 INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 Payments from Funds ORDERED, ADJUDGED and DECREED that the Referee on neeéiving the proceeds of such sale shall cause to be paid promptly therefrom: ‘FIRST: The statutory fees and commissions of the Referee pursuant to CPLR S8003(b) in the smhount of $750.00. In the event a scheduled sale is ¢ancelled or postponed by a person or entity other than the Referee, or the action ie discontinued, pursuant to CPLR §8003(a) the plaintite Shall pay to the Referee the sum of $350.00 for ¢ach adjournment or cancellation, and for any discontinpanwa. Such compensation may be recouped from the proceeds of sale as a cost to plaintiff. This Judgement of Foreclosure and Sale constitutes the necessary prior authorieation for Gompansation as set forth herein. No compensation totaling in excess of $1,100. including compensation authorized pursuant to CPLR §8003 (a) for computation of the sum due to plaintiff, May be accepted by the Réferée without Court approval. and compliance with the provisions of 22 NYCRR §36.4. SECOND: The reasonable expenses of the sale, including the cost of advertising as shown-on the bills presented and certified by the Referee to be correct, copies of which shall be annexed to the Report of Sale. The Reféree shall not be Held responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee hatmléss from any such penalties or fees assessed. THIRD: Pursuant to RPAPL §1354 in accordance with their priority accotding to law, all taxes, assessments, sewer tents, water rates and any other changes placed upon the premises by any wmunicipal authorities 5 of 14 =: INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 having priority over the foreclosed mortgage and which are liens on the premises at: the time of sale, with such interest om penalties that lawfully may have accrued thereon. to the date of payment. V, , , FOURTH: as limited herein dhe Plaintiff ex its attorneys LO. (ay ‘The sum of ¢ Q,0/7.4Y ~ 7 sor costs and disbursements in this action to be taxed by the Clerk, with interest from the date bexeot? (by the sum of $135,178.98, the amount reported by the Referee and/or approved by the Court as due, together with interest thereon pursuant to the terms éf the Note from Mareh 30, 2018, the date to which interest was caéleulated in. the Report Gf the Referee through the date of entry of this Judgment of Foreclosure ard Sale, and thereafter at the statutory post~judgment rate to the date of transfer of title, om so much thereof as the purchase Money of the mortgaged. errr will pay of the same: 6 {ey The sum of $_@. “Abereby awarded Plaintif? ay reasonable legal fees am provided for in the Mortgage; (d) The amount of any advances provided for in the Note and Mortgage that Plaintiff may have. made for taxes and insurance, and. amounts due: to prior iortgagors, upon presentation to the Referee of receipts for thesé expenditures; (ey The atiount of any advances provided for in the Note and Mortgage that Plaintiff reasonably may have made to maintain the premises pending consummation of the foreclosure sale upon presentation to the Referee of receipts for these expenditures. 6 of 14 INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED. NYSCEF: 08/09/2022 Notwithstanding sub-patagraphs FOURTH (hi) and FOURTH(e) above, Plaintiff may recover interest for only (90) ninety days after the date of this Judgment of Foreclosure and Sale, and Plaintiff may recover up to a maximum of only $250.00 for any maintenance’ or premise preservation expenses after this Judgment of Foreclosure; and it is further ORDERED, ‘ADJUDGED: and DECREED, that upor the sale of the mortgaged premises, the Refezee appointed to conduct such sale. (or any avecessor xeferee appointed in this action), should there be any surplus money left after the payment of costs of this sale and sumg due to Plaintiff as set forth above, that said Referee shall pay said surplus monies to the junier mortgage holder, Empower Federal credit Union, upon an affidavit of the amount due to the mortgagee: and it is further Report of sale ORDERED, ADJUDGED and DECREED that the Referee shall. timely file the Refexéee's Report of Sale. and Plaintiff shall timely move to confirm the Referéé's Report of Sale pursuant to RPAPL § 1355; and it is further Plaintiff as Purchaser ORDERED, ADJUDGED and DECREED that in the event Plaintiff purchases the mortgaged premises at the sale, the Referee shall not require the Plaintiff to pay in cash the entire amount of the bid at the sale but shall exeeute and deliver to the Plaintiff @ deed of the premises sold Upon payment to the Referee of the stim awarded. under the above: provisions marked. “FIRST,” “SECOND,” and “THIRD,” if such expenses were paid by the Referee, or in lieu of the payment of the last mentioned amounts, upon. 7 of 14 INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 filing with the Referee receipts of the proper municipal authorities showing payment thereof. The balance of the amount bid, after deducting therefrom the aforementioned payments to the Referee shall be allowed to the Plaintift and applied by the Referee upoh the amounts due to the Plaintiff as specified in item marked “ProuRt * If upon applying the balance of the amount bid, there is a surplus over and above the amounts due to Plaintiff, then upon delivery to Plaintiff of the Réfetee's deed) Plaintife shall pay to the Referee the amount of such surplus, which amount shall be applied by the Referee, upon motion made pursuant to RPAPL §1351(3), and proof satisfactory to the Referee of the sums due thereon, toe any subordinate mortgage duly recorded against the premises pursuant to RPAPL $1354(3), which payment shall be reported in the Referee's Report of Sale. Any surplus remaining after all payments as herein provided shall be deposited into Court in accordance with RPAPL $1354 (4) and the Referee shall immediately give notice of such surplus to the owner of the mortgaged premises as: identified by Plaintiff at the time of the sale; and it is further Surplus. Monies ORDERED, ADJUDGED and DECREED; that the Referee shall take and file with the Referee’s Report of Sale plaintiff's receipt(s) for the amounts paid as directed in item matked “FOURTH,” and the Referee shall deposit the suxplus monies, if any, with the Onondaga, County Departnient of Finan¢e, to the credit of this action, within five (5) days after receipt unless such period is deemed extended by the filing 6f an application for additional compensation, to be withdrawn only upon order of this 8 of 14 INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 Court; and. the Referee shall make tha Referes’s Report of Sale under oath showing the disposition of the proceeds of the sale aecompanied by the vouchers of the person(s) to whem payment was made and file it in. the Onondaga County Clerk's Office within thirty (30) days after gompleting the sale and executing the propex conveyance to the purchaser or within thirty (30) days of a decision of this court. with respect to any application for additional compensation? and it is further Foreclosure Action Surplus Monies Form ORDERED, ADJUDGED and DECREED that the Referee shall complete the. Foreclosure Action Surplus Monies Fort and file it in the Onondaga County Clerk's Office and deliver a copy to the Court within thirty (30) days of the foreclosure sale; and it is futher Deficiency Judgment Application ORDERED, ADJUDGED and DECREED that if the proceeds of the sale are insufficient to pay the amount reported by the Referee as due to. Plaintiff, the Plaintiff may apply to the Court to recover the whole or such part of the deficiency as prescribed by RPAFL $1371; and it is further Possession ORDERED, ADJUDGED and DECREED that, the purchaser'ts} at; the foreclosure sale be let. into possession of the premises on production of the Referee's deed; and it is further 9 of 14 INDEX NO. 004634/2017 NYBCEF Doc. NO. 81 RECEIVED NYSCEF: 08/09/2022 | |t ’ * Claims: Barred ORDERED, ADOUDGED and DECREED that the Defendant(s} in this action, and all persons claiming under any of them. after the filing of the Notice of Pendency of this action, be and hereby forever barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the Mortgaged premises and each part thereof; and it is further Conditions of Sale PRDERED, ADJUDGED and DECREED: that. the premises be scold in “as is” physical order and condition on the day of sale, subject to any state of facts: that an inspection of the premises would disclose, any state of facts that an accurate survey of the pretiises would show, ahy Covenants; restrictions, declarations, reservations, easements, right of way and public utility agreements of record, any building and zoning ordinances of the municipality in which the mortgaged premises are located and possible violations of same, any rights of tenants or: persons in possession of the subject premises, prior liens of record, if any, except those liens addressed in RPAPL $1354, and any equity of redemption of the United States of America to redeem the premises within one hundred twenty (120) days from the date of sale. Risk of loss shall not pass to purchaser uttil ¢losing of titles and it is further Refaree Qualification ORDERED, ADJUDGED and, DECREED that by accepting this appointment, the Referee certifies that he/she is in compliance with Part 36 of the Rules of thé Chief Judge including but not limited to 22 NYCRR $36.2 (co) 10 of 14 INDEX NO. 004634/2017 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 ODisqualifications: from, appointment} and. 22 NYCRR $36.2 (d) (Limitations on appointmerits based upon compensation”); and it is further Additional Relief Requested. ORDERED, ADJUNGED AND DECREED that the Mortgage recorded on November 12, 2004, im Book 14201 at Page 0897 and Correction Mortgage recorded on April 14, 2005, ih Book 14351 at Page 0192, of the Official Records of Onondaga, County, New York, be reformed by substituting the true and correct legal desaription of the mortgaged premises as annexed hereto as Schedule “A”; and it is further Service of Judgment of Foreclosure and Sale ORDERED ; ADJUDGED and DECREED that a Gopy of this Judgment of Foreclosure and Sale with notice of entry shall be served within, twenty (20) days of entry and Ho less than thitty (30) days prio# te sale upon the designated Referee, the owner off the equity of redemption as. of the date of this Judgment. of Foreclosure and Sale, any tenants named in this action, aia any other party entitled to notice; and it is further Service of Notice of Sale ORDERED, ADJUDGED and DECREED that Plaintiff shall serve a copy of the Notice of Sale upon the owner of equity of redemption at the owner of equity of redemption's last, known address and at the property address, and an affidavit of suéh. service hall be filed at least ten (10) days prior to the scheduled sale; and it is further 11 of 14 INDEX NO. 004634/2017 FILED: ONONDAGA COUNTY CLERK 0870972022 10:46 AM NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 08/09/2022 “ Transfer of Interest During Pandency ORDERED, ADJUDGED and DECREED: that. during the pendency of this action if any interest, in the Note and/or Mortgage that is subject of this action has been transferred, the person or entity to whom the interest has been tratisferred shall apply to the Gourt within thirty (30) days of the transfer to be substituted or joined in this action pursuant to SEER $1018. Dated: Pytubt Uset. sr eater H, NA+ 9 dla, 1S.c. Wg - LAD LE 2S