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SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFONONDAGA
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THE BANK OF NEW YORK MELLON FKA THE BANK
OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC., STIPULATION
ALTERNATIVE LOAN TRUST 2004-30CB, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2004-30CB,
Plaintiff, Index No.: 004634/2017
-against-
DUANE D. KINNON, EMPOWER FEDERAL CREDIT UNION,
"JOHN DOE",
Defendants,
---------------------- ------------------------------------X
IT IS STIPULATED AND AGREED, between Plaintiff and Defendant Empower
Federal Credit Union that Empower Federal Credit Union accepts service of Plaintiff's motion
for a Judgement of Foreclosure and Sale; and
IT IS FURTHER STIPULATED AND AGREED, that Plaintiff submits an amended
proposed Order Confirming Referee Report and Judgment of Foreclosure and Sale, annexed
hereto as Exhibit A, which adds in pertinent language pursuant to RPAPL 1354 directing that
any surplus remaining after foreclosure sale be distributed to the junior mortgage holder
Empower Federal Credit Union;
IT IS FURTHER STIPULATED AND AGREED that facsimile and/or photocopy
signatures on this Stipulation shall and are deemed sufficient.
Dated NW 3, 100 Dated
RIEH N, S FER, &S W, LLC LEOPOLD & ASSOCIATES, PLLC
By: By:
Jill M. rt ge, .. Stephar.ie Rojas, Esq.
Attorney for power Federal Credit Union Attorney for Plaintiff
PO Box 544 80 Business Park Drive, Suite 110
Tully, New York 13159 Armonk, New York 10504
EXHIBIT A
At an IAS Term of the
Supreme Court of the
State of New York held in
and for the County of
Onondaga at the
Courthouse thereof 401
Montgomery Street,
Syracuse, NY 13202 on
P R E S E N T:
Honorable
Justice
- - - - - - - - - - - - - - - - - - - - - x
THE BANK OF NEW YORK MELLON FKA THE BANK INDEX NO.: 004634/2017
OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2004-30CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-30CB,
Plaintiff(s), ORDER CONFIRMING REFEREE
REPORT AND JUDGNENT OF
FORECLOSURE AND SALE
-against-
DUANE D. KINNON, EMPOWER FEDERAL CREDIT MORTGAGE PREMISES:
UNION, "JOHN DOE", 4243 Sandbar Lane
Liverpool, NY 13090
Section: 58.1 Block: 2
Lot: 13.2
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - x
[PLAINTIFF'S COUNSEL MUST CHECK AND
COMPLETE ALL APPLICABLE ENTRIES IN THIS
JUDGMENT OF FORELCOSURE AND SALE EXCEPT AS
OTHERWISE NOTED]
Plaintiff having moved this Court for a Judgment
of Foreclosure and Sale,
NOW, upon Plaintiff's O ex parte application or X motion
heard on at which time O Plaintiff/ O
Defendant appeared, O or no appearances were required, and upon
all prior proceedings herein, 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 Pendency filed on November 24,
2020;
3) the Affirmation of Jacqueline K. Lamer, Esq.
"A-W"
affirmed on November 3, 2021, with Exhibits annexed;
4) the Affidavit of Merit and Amount Due dated April
3, 2018, with Exhibits annexed;
5) the Report of the Referee, Joseph 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
mortgaged premises should be sold in X one parcel or
O ;
6) proof of service upon all parties entitled to
notice of this application for a Judgment of Foreclosure and
Sale;
7) other
[specify]: ;
it is hereby
Ratification of Referee's Report
ORDERED, ADJUDGED and DECREED that to the extent provided for
herein the Report of Referee Joseph P. Gorgoni, Esq., dated January
24, 2020, be and the same hereby ratified and confirmed; and it is
further
Sale Instructions
OP32iP31D, ADJUDGED and DECREED that the above-described
mortgaged premises, or such part thereof as may be sufficient to
discharge the mortgage debt, the expenses of the sale, and the
costs of this action as provided by the Real Property Actions and
Proceedings Law, be sold in X one parcel or
O __, within ninety days of the
date of this judgment, at public auction, in the lobby of the
Onondaga County Courthouse, 401 Montgomery Street, Syracuse, NY
13202 by and under the direction of the Referee who is appointed
herein for that purpose, and the Referee shall set the date of
sale and give public notice of the time and place of sale in
accordance with RPAPL §231 in the Journal and Republican, 7567 S.
State Street, Lowville, New York, 13367; and
[The Court Will Initial the Applicable Provision Below]
O the Referee shall conduct the foreclosure sale within 90
days of entry of this Judgment of Foreclosure;
O the Referee shall conduct the foreclosure sale on or
before ; and it is further
Initial Bid Instructions
ORDERED, ADJUDGED and DECREED that the Referee shall accept
at such sale the highest bid offered by a bidder who shall be
identified upon the court and shall require that such successful
bidder immediately execute 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 which case no deposit against the
purchase price shall be required; and it is further
Subsequent Bid Instructions
ORDERED, ADJUDGED and DECREED that in the event the first
successful bidder fails to execute the Terms of Sale immediately
following the bidding upon the subject premises or fail to
immediately pay the 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
OFTEP3D, ADJrmGED 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 Referee's deed shall be made within forty-five (45) days
after such sale unless otherwise stipulated to by all parties. The
Referee shall transfer title only to the successful bidder at the
date beyond forty-
auction. Any delay or adjournment of the closing
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 Court; and it is further
Deposit of Funds
ORDERED, ADJODGED and DECREED that the Referee shall deposit
all funds received pursuant to this Judgment of Foreclosure and
Sale in the Referee's IOLA account; and it is further
Payments from Funds
ORDERED, ADJUDGED and DECREED that the Referee on receiving
the proceeds of such sale shall cause to be paid promptly
therefrom:
FIRST: The statutory fees and commissions of the Referee
pursuant to CPLR §8003(b) in the amount of $500.00. In the event
a scheduled sale is canceled or postponed by a person or entity
other than the Referee, or the action is discontinued, pursuant to
CPLR §8003(a) the Plaintiff shall pay to the Referee the sum of
$350.00 for each adjournment or cancellation, and for any
discontinuance . Such compensation may be recouped from the
proceeds of sale as a cost to Plaintiff. This Judgment of
Foreclosure and Sale constitutes the necessary prior authorization
for compensation as set forth herein. No compensation totaling in
excess of $750.00, including compensation authorized pursuant to
CPLR §8003(a) for computation of the sum due Plaintiff, may be
accepted by the Referee without Court approval and compliance with
the provisions of 22 NYCRR §36.4.
SECOM: 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 Referee shall not be held responsible for
the payment of penalties or fees pursuant to this appointment. The
Purchaser shall hold the Referee harmless from any such penalties
or fees assessed.
THIRD: Pursuant to RPAPL §1354 in accordance with their
priority according to law, all taxes, assessments, sewer rents,
water rates and any other charges placed upon the premises by any
municipal authorities having priority over the foreclosed mortgage
and which are liens on the premises at the time of sale, with such
interest or penalties that lawfully may have accrued thereon to
the date of payment.
FOURTH: as limited herein, to the Plaintiff or its attorneys
1. The sum of $ for costs and disbursements in this
action to be taxed by the Clerk, with interest from the date
hereof;
2. The sum $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 of the Note from March 30, 2018, the date
to which interest was calculated in the Report of the Referee
through the date of entry of this Judgment of Foreclosure and
Sale, and thereafter at the statutory post-judgment rate to the
date of transfer of title, or so much thereof as the purchase
money of the mortgaged premises will pay of the same;
3. The sum of $ hereby awarded Plaintiff as reasonable
legal fees as provided for in the Mortgage;
4. 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 mortgagors, upon presentation to the
Referee of receipts for these expenditures;
5. The amount 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.
Not with standing sub-paragraphs FOURTH(b) 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 upon the sale of the
mortgaged premises, the Referee appointed to conduct such sale (or
.
.
any successor referee appointed in this action), should there be
any surplus money left after the payment of the costs of this sale
and sums due to Plaintiff as set forth above, that said Referee
shall pay said surplus monies to the junior mortgage holder,
Empower Federal Credit Union, upon an affidavit of the amount due
to the mortgagee.; and it is further
Report of Sale
0PTEP3D, ADJUDGED and DECREED that the Referee shall timely
file the Referee's Report of Sale and Plaintiff shall timely move
to confirm the Referee'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 execute and deliver to the Plaintiff a
deed of the premises sold upon payment to the Referee of the sum
"FIRST," "SECOND,"
awarded under the above provisions marked and
"THIRD,"
if such expenses were paid by the Referee, or in lieu of
the payment of the last mentioned amounts, upon 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 Plaintiff and applied by the Referee upon the
"FOURTH."
amounts due to the Plaintiff as specified in item marked
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 Referee's deed, Plaintiff 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, to 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
"FOURTH,"
the amounts paid as directed in item marked and the
Referee shall deposit the surplus monies, if any, with the Oneida
Commissioner of Finance, to the credit of this action, with five
(5) days after receipt unless such period is deemed extended by
the filing of an application for additional compensation, to be
withdrawn upon order of this Court; and the Referee shall
only
make the Referee's Report of Sale under oath showing the
disposition of the proceeds of the sale accompanied by the vouchers
of the person(s) to whom payment was made and file it in the Oneida
County Clerk's Office within thirty (30) days after completing the
sale and executing the proper 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,
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SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFONONDAGA -----------------------------------------------------------------------X THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., STIPULATION ALTERNATIVE LOAN TRUST 2004-30CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-30CB, Plaintiff, Index No.: 004634/2017 -against- DUANE D. KINNON, EMPOWER FEDERAL CREDIT UNION, "JOHN DOE", Defendants, ---------------------- ------------------------------------X IT IS STIPULATED AND AGREED, between Plaintiff and Defendant Empower Federal Credit Union that Empower Federal Credit Union accepts service of Plaintiff's motion for a Judgement of Foreclosure and Sale; and IT IS FURTHER STIPULATED AND AGREED, that Plaintiff submits an amended proposed Order Confirming Referee Report and Judgment of Foreclosure and Sale, annexed hereto as Exhibit A, which adds in pertinent language pursuant to RPAPL 1354 directing that any surplus remaining after foreclosure sale be distributed to the junior mortgage holder Empower Federal Credit Union; IT IS FURTHER STIPULATED AND AGREED that facsimile and/or photocopy signatures on this Stipulation shall and are deemed sufficient. Dated NW 3, 100 Dated RIEH N, S FER, &S W, LLC LEOPOLD & ASSOCIATES, PLLC By: By: Jill M. rt ge, .. Stephar.ie Rojas, Esq. Attorney for power Federal Credit Union Attorney for Plaintiff PO Box 544 80 Business Park Drive, Suite 110 Tully, New York 13159 Armonk, New York 10504 EXHIBIT A At an IAS Term of the Supreme Court of the State of New York held in and for the County of Onondaga at the Courthouse thereof 401 Montgomery Street, Syracuse, NY 13202 on P R E S E N T: Honorable Justice - - - - - - - - - - - - - - - - - - - - - x THE BANK OF NEW YORK MELLON FKA THE BANK INDEX NO.: 004634/2017 OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-30CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-30CB, Plaintiff(s), ORDER CONFIRMING REFEREE REPORT AND JUDGNENT OF FORECLOSURE AND SALE -against- DUANE D. KINNON, EMPOWER FEDERAL CREDIT MORTGAGE PREMISES: UNION, "JOHN DOE", 4243 Sandbar Lane Liverpool, NY 13090 Section: 58.1 Block: 2 Lot: 13.2 Defendant(s). - - - - - - - - - - - - - - - - - - - - - x [PLAINTIFF'S COUNSEL MUST CHECK AND COMPLETE ALL APPLICABLE ENTRIES IN THIS JUDGMENT OF FORELCOSURE AND SALE EXCEPT AS OTHERWISE NOTED] Plaintiff having moved this Court for a Judgment of Foreclosure and Sale, NOW, upon Plaintiff's O ex parte application or X motion heard on at which time O Plaintiff/ O Defendant appeared, O or no appearances were required, and upon all prior proceedings herein, 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 Pendency filed on November 24, 2020; 3) the Affirmation of Jacqueline K. Lamer, Esq. "A-W" affirmed on November 3, 2021, with Exhibits annexed; 4) the Affidavit of Merit and Amount Due dated April 3, 2018, with Exhibits annexed; 5) the Report of the Referee, Joseph 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 mortgaged premises should be sold in X one parcel or O ; 6) proof of service upon all parties entitled to notice of this application for a Judgment of Foreclosure and Sale; 7) other [specify]: ; it is hereby Ratification of Referee's Report ORDERED, ADJUDGED and DECREED that to the extent provided for herein the Report of Referee Joseph P. Gorgoni, Esq., dated January 24, 2020, be and the same hereby ratified and confirmed; and it is further Sale Instructions OP32iP31D, ADJUDGED and DECREED that the above-described mortgaged premises, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by the Real Property Actions and Proceedings Law, be sold in X one parcel or O __, within ninety days of the date of this judgment, at public auction, in the lobby of the Onondaga County Courthouse, 401 Montgomery Street, Syracuse, NY 13202 by and under the direction of the Referee who is appointed herein for that purpose, and the Referee shall set the date of sale and give public notice of the time and place of sale in accordance with RPAPL §231 in the Journal and Republican, 7567 S. State Street, Lowville, New York, 13367; and [The Court Will Initial the Applicable Provision Below] O the Referee shall conduct the foreclosure sale within 90 days of entry of this Judgment of Foreclosure; O the Referee shall conduct the foreclosure sale on or before ; and it is further Initial Bid Instructions ORDERED, ADJUDGED and DECREED that the Referee shall accept at such sale the highest bid offered by a bidder who shall be identified upon the court and shall require that such successful bidder immediately execute 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 which case no deposit against the purchase price shall be required; and it is further Subsequent Bid Instructions ORDERED, ADJUDGED and DECREED that in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject premises or fail to immediately pay the 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 OFTEP3D, ADJrmGED 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 Referee's deed shall be made within forty-five (45) days after such sale unless otherwise stipulated to by all parties. The Referee shall transfer title only to the successful bidder at the date beyond forty- auction. Any delay or adjournment of the closing 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 Court; and it is further Deposit of Funds ORDERED, ADJODGED and DECREED that the Referee shall deposit all funds received pursuant to this Judgment of Foreclosure and Sale in the Referee's IOLA account; and it is further Payments from Funds ORDERED, ADJUDGED and DECREED that the Referee on receiving the proceeds of such sale shall cause to be paid promptly therefrom: FIRST: The statutory fees and commissions of the Referee pursuant to CPLR §8003(b) in the amount of $500.00. In the event a scheduled sale is canceled or postponed by a person or entity other than the Referee, or the action is discontinued, pursuant to CPLR §8003(a) the Plaintiff shall pay to the Referee the sum of $350.00 for each adjournment or cancellation, and for any discontinuance . Such compensation may be recouped from the proceeds of sale as a cost to Plaintiff. This Judgment of Foreclosure and Sale constitutes the necessary prior authorization for compensation as set forth herein. No compensation totaling in excess of $750.00, including compensation authorized pursuant to CPLR §8003(a) for computation of the sum due Plaintiff, may be accepted by the Referee without Court approval and compliance with the provisions of 22 NYCRR §36.4. SECOM: 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 Referee shall not be held responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed. THIRD: Pursuant to RPAPL §1354 in accordance with their priority according to law, all taxes, assessments, sewer rents, water rates and any other charges placed upon the premises by any municipal authorities having priority over the foreclosed mortgage and which are liens on the premises at the time of sale, with such interest or penalties that lawfully may have accrued thereon to the date of payment. FOURTH: as limited herein, to the Plaintiff or its attorneys 1. The sum of $ for costs and disbursements in this action to be taxed by the Clerk, with interest from the date hereof; 2. The sum $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 of the Note from March 30, 2018, the date to which interest was calculated in the Report of the Referee through the date of entry of this Judgment of Foreclosure and Sale, and thereafter at the statutory post-judgment rate to the date of transfer of title, or so much thereof as the purchase money of the mortgaged premises will pay of the same; 3. The sum of $ hereby awarded Plaintiff as reasonable legal fees as provided for in the Mortgage; 4. 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 mortgagors, upon presentation to the Referee of receipts for these expenditures; 5. The amount 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. Not with standing sub-paragraphs FOURTH(b) 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 upon the sale of the mortgaged premises, the Referee appointed to conduct such sale (or . . any successor referee appointed in this action), should there be any surplus money left after the payment of the costs of this sale and sums due to Plaintiff as set forth above, that said Referee shall pay said surplus monies to the junior mortgage holder, Empower Federal Credit Union, upon an affidavit of the amount due to the mortgagee.; and it is further Report of Sale 0PTEP3D, ADJUDGED and DECREED that the Referee shall timely file the Referee's Report of Sale and Plaintiff shall timely move to confirm the Referee'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 execute and deliver to the Plaintiff a deed of the premises sold upon payment to the Referee of the sum "FIRST," "SECOND," awarded under the above provisions marked and "THIRD," if such expenses were paid by the Referee, or in lieu of the payment of the last mentioned amounts, upon 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 Plaintiff and applied by the Referee upon the "FOURTH." amounts due to the Plaintiff as specified in item marked 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 Referee's deed, Plaintiff 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, to 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 "FOURTH," the amounts paid as directed in item marked and the Referee shall deposit the surplus monies, if any, with the Oneida Commissioner of Finance, to the credit of this action, with five (5) days after receipt unless such period is deemed extended by the filing of an application for additional compensation, to be withdrawn upon order of this Court; and the Referee shall only make the Referee's Report of Sale under oath showing the disposition of the proceeds of the sale accompanied by the vouchers of the person(s) to whom payment was made and file it in the Oneida County Clerk's Office within thirty (30) days after completing the sale and executing the proper 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,