Preview
INDEX NO. 12018000515
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2709210
Book Page CIVIL
Return To: No. Pages: 12
NANCY L. KOURLAND
Instrument: MISCELLANEOUS DOCUMENT
Control #: 202105060070
Index #: 12018000515
Date: 05/06/2021
WELLS FARGO USA HOLDINGS, INC Time: 9:05:07 AM
NATOLI, AURELIO
NATOLI, BARBARA
NATOLI, GIANFRANCO,
NATOLI, MELISSA
UNITED STATES OF AMERICA
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MO A
MONRO OUN NK OU DM INDi®€xNO: 120780005105 15
NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
At an IAS Part of the Supreme Court
of the State of New York held in and
for the County of Monroe, at the
Courthouse thereof, at Monroe
County Supreme Court, 545 Hall of
Justice, 99 Exchange Blvd.,
Rochester, NY 14614 on.
the day of
2021.
PRESENT:
HONORABLE Daniel J. Doyle
we cere cece nen ne cee enn nee nese enn nn enn ene nn ne ne en ee nen neeee enn, Index No.: 12018000515
Wells Fargo USA Holding, Inc.,
Plaintiff, ORDER APPOINTING
SUBSTITUTE REFEREE
-against- AND AMENDING
JUDGMENT OF
Barbara Natoli, Gianfranco Natoli, Melissa Natoli, FORECLOSURE AND
United States of America 0/b/o Internal Revenue Service, SALE, NUNC PRO TUNC
New York State Workers Compensation Board, Discover
Bank, George M Reiber
Defendants.
UPON reading and filing the Summons, Complaint and Notice of Pendency filed in this
action on January 22, 2018 in the Monroe County Clerk’s Office, the Judgment of Foreclosure
and Sale duly filed and entered in this action, and the affirmation of Nancy L. Kourland, Esq.,
dated May 3, 2021, from which it appears that this is an action to foreclose a mortgage on
property located at 33 Hidden Creek Lane, Hamlin, NY 14464(“Mortgaged Premises”) and that
Robert E. Brennan, Esq. is unable to serve in his capacity as Referee and said motion having
regularly come on to be heard on ; Monroe County
Supreme Court, 545 Hall of Justice, 99 Exchange Blvd., Rochester, NY 14614, and no
appearance having been required or made by the attorneys for the parties herein and upon
submission and due deliberation having been had thereon.
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NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
NOW, upon motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for
the Wells Fargo USA Holding, Inc., the plaintiff herein (“Plaintiff”), it is
ORDERED, that the Robert E. Brennan, Esq., the duly appointed Referee herein
pursuant to the Judgment of Foreclosure and Sale dated December 3, 2019, be and the same
hereby is, relieved and discharged of any and all obligations; and it is further
ORDERED, that with offices at
_., phone number ( ) is hereby appointed substitute referee
(“Substitute Referee”) to sell the Mortgaged Premises; and it is further
ORDERED, that the time for the Substitute Referee to conduct a sale of the Mortgaged
Premises is hereby extended to a date, as soon as reasonably practicable, on or after October 15,
2020; and it is further
ORDERED, that the terms of the Judgment of Foreclosure and Sale dated December 3,
2019 be, and the same hereby are, amended nunc pro tunc, to incorporate the Foreclosure Auction
Plan - Seventh Judicial District adopted in accordance with Administrative Order 157/20 and to
provide the following information concerning the servicer: Wells Fargo Financial - (877) 617-
5274; and it is further
ORDERED, that all other provisions of the Judgment of Foreclosure and Sale entered in
the Monroe County Clerk’s Office on December 17, 2019 remain in full force and effect.
ENTER:
JS.C.
Our File No: 01-069668-F00
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NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
Foreclosure Auction Plan - Seventh Judicial District
Summary:
In an Administrative Order of the Chief Administrative Judge of the Courts dated July 23,
2020 (AO 157/20), Chief Administrative Judge Lawrence Marks required each judicial
district to assess auction practices within the district and to develop “appropriate procedures
and protocols for the safe and healthful conduct of such auctions within their districts in
light of the COVID-19 pandemic” (AO 157/20). The policies and procedures set forth
below will take effect immediately on approval and remain in effect during the COVID-19
health emergency. The policies and procedures herein will best ensure the requirements of
social distancing and any requirement for face coverings.
Seven of the eight counties of the Seventh Judicial District are small counties; the volume of
foreclosure auctions is low and it is not anticipated that any auction in those counties will
pose challenges for social distancing on the spaces where those auctions are held. Referees
conducting auctions in those counties will be required to enforce any applicable social
distancing and face covering requirements in effect at the time the auction is held.
In Monroe County prior to April 2020, several foreclosure auctions had been scheduled per
day and multiple auctions had been scheduled to occur at the same time. Were this practice
to continue after October 15, 2020, it would pose significant issues for social distancing on
the space where auctions are held in Monroe County. This plan implements a scheduling
system for auctions to be held in Monroe County, which will permit only one auction to
occur every half hour between the hours of 10:00 AM and 3:30 PM. In addition, Referees
conducting auctions in those counties will be required to enforce any applicable social
distancing and face covering requirements in effect at the time the auction is held.
Monroe County
Prior to the COVID-19 health emergency, foreclosure auctions were held in the lower
atrium of the Hall of Justice in Rochester, New York. The lower atrium is a covered
location outside of the entrance to the Hall of Justice, which is the equivalent to the
“courthouse steps.” Reviewing published schedules of foreclosure auctions for the months
of February-March 2020 revealed the following:
February 2020
On average, 15 auctions were scheduled per week.
On average, overlapping auctions (auctions scheduled at the same date/time
were scheduled on 2 of the 5 days of the business week
On one day during the week of February 3, 2020, 6 overlapping auctions were
scheduled, and one day during the week of February 24, 2020, 5 overlapping
auctions were scheduled.
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NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
March 2020
On average, 19 auctions were scheduled per week.
On average, overlapping auctions (auctions scheduled at the same date/time
were scheduled on 3 of the 5 days of the business week.
. On one day during the week of March 9, 2020, 5 overlapping auctions were
scheduled.
To address issues of social distancing for auctions in Monroe during the COVID-19 health
emergency, the following procedures will be implemented:
1 In order to schedule an auction, Plaintiff's attorney must contact the Monroe
Foreclosure Part at monroeforeclosure@nycourts.gov and
a. Request an AO/157 conference be held prior to the foreclosure
auction OR
b. Request an appointment for an auction and submit an affirmation
stating either that an AO/157 conference has been held or that an
AO/157 conference is not required because the property is vacant and
abandoned.
The email and associated calendar will be monitored by the two clerks
assigned to the Monroe Foreclosure Part, as well as by the Chief Clerk and
Deputy Chief Clerk.
Following the completion of a conference held pursuant to (1)(a) above, the
plaintiff's attorney may request an auction be scheduled pursuant to (1)(b)
above.
Only one auction may be scheduled at one time and auctions may only be
scheduled in half-hour blocks beginning at 10:00 AM and ending at 3:30 PM
in order to avoid peak employee and general public entrance/exit times.
Should the Monroe Foreclosure Part become aware of multiple auctions
scheduled for the same time: the following rules shall apply
a The Plaintiff attorneys involved shall be directed to
contact each other to ensure that their auction is set to continue and
their file is not on a loss mitigation hold.
b If one of the Plaintiff attorneys for the conflicting
foreclosure auctions failed to contact the Monroe Foreclosure Part, the
auction that was scheduled through the Monroe Foreclosure Part shall
occur in the lower atrium. For the auction that was not properly
scheduled, the Plaintiff attorneys will either have to a) hold the auction
outside in the courtyard; or b) re-schedule the auction (see below for
language to be inserted into judgments of foreclosure).
Prior to the scheduled auction, Plaintiffs attorney must provide the Referee
with an affirmation stating either that an AO/157 conference has been held or
that an AO/157 conference was not required because the property is vacant
and abandoned.
A podium has been provided to facilitate the Referee and the
successful
bidder to complete post-auction paperwork.
Granted judgments of foreclosure and sale shall include the following
D
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NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
language:
a Should the Referee be unable to conduct the sale at the
location due to social distancing restrictions, the sale shall occur
outside in the upper courtyard.
b. The Referee must enforce any requirements currently in
effect at the time of sale regarding social distancing and face coverings
and the terms of sale for the auction must include these requirements.
The Referee shall include, in the Referee’s Report, a statement that Plaintiff's
attorney has affirmed either that an AO/157 conference has been held or that
an AO/157 conference was not required because the property is vacant and
abandoned.
Cayuga County
Prior to the COVID-19 health emergency, foreclosure auctions were held in the Cayuga
County Courthouse. Foreclosure auctions in Cayuga County occur at a frequency of less
than 1 auction a week. As the volume of foreclosure auctions is low it is not anticipated that
resuming auctions in Cayuga County will pose issues of social distancing on the spaces
where those auctions are held. Granted judgments of foreclosure and sale shall include the
following language:
a. Should the Referee be unable to conduct the sale at the location due to social
distancing restrictions, the sale shall occur outside of the building as close to
the main entrance of the building as practicable.
The Referee must enforce any requirements currently in effect at the time of
sale regarding social distancing and face coverings and the terms of sale for
the auction must include these requirements.
In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact
the Court at 7thforeclosure@nycourts.gov and either
a Notify the court of the date and time of the scheduled auction and include an
affirmation stating either that an AQ/157 conference has been held or that an
AO/157 conference is not required because the property is vacant and
abandoned or
b Request an AO/157 conference.
Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
The Referee shall include, in the Referee’s Report, a statement that Plaintiff's
attorney has affirmed either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
Only one auction may be conducted at one time.
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Livingston County
Prior to the COVID-19 health emergency, foreclosure auctions were held in the
Government Center in Geneseo, New York. Foreclosure auctions in Livingston County
occur at a frequency of less than | auction a week. As the volume of foreclosure auctions is
low it is not anticipated that resuming auctions in Livingston County will pose issues of
social distancing on the space where those auctions are held. Granted judgments of
foreclosure and sale shall include the following language:
a Should the Referee be unable to conduct the sale at the location due to social
distancing restrictions, the sale shall occur outside of the building as close to
the main entrance of the building as practicable.
The Referee must enforce any requirements currently in effect at the time of
sale regarding social distancing and face coverings and the terms of sale for
the auction must include these requirements.
1. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact
the Court at 7thforeclosure@nycourts.gov and either
a Notify the court of the date and time of the scheduled auction and include an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference is not required because the property is vacant and
abandoned or
b. Request an AO/157 conference.
Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned,
The Referee shall include, in the Referee’s Report, a statement that Plaintiff's
attorney has affirmed either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
Only one auction may be conducted at one time.
Ontario County
Prior to the COVID-19 health emergency, foreclosure auctions were held on the front steps
of the Ontario County Courthouse. Foreclosure auctions in Ontario County occur at a
frequency of lauction per week. As the volume of foreclosure auctions is low it is not
anticipated that resuming auctions in Ontario County will pose issues of social distancing
on the space where those auctions are held. Granted judgments of foreclosure and sale shall
include the following language:
a The Referee must enforce any requirements currently in effect at the time of
sale regarding social distancing and face coverings and the terms of sale for
the auction must include these requirements.
The Referee must enforce any requirements currently in effect at the time of
sale regarding social distancing and face coverings and the terms of sale for
the auction must include these requirements.
1. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact
MONRO OUN NK :00 DM INDBHeNG:.120780085E9515
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
the Court at 7thforeclosure@nycourts.gov and either
a Notify the court of the date and time of the scheduled auction and include an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference is not required because the property is vacant and
abandoned or
b Request an AO/157 conference.
Prior to the scheduled auction, Plaintiffs attorney must provide the Referee with an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
The Referee shall include, in the Referee’s Report, a statement that Plaintiff's
attorney has affirmed either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
Only one auction may be conducted at one time.
Seneca County
Prior to the COVID-19 health emergency, foreclosure auctions were held in the lobby of the
Seneca County Courthouse. Foreclosure auctions in Seneca County occur at a frequency of
less than lauction per week. As the volume of foreclosure auctions is low it is not
anticipated that resuming auctions in Seneca County will pose issues of social distancing on
the space where those auctions are held. Granted judgments of foreclosure and sale shall
include the following language:
a Should the Referee be unable to conduct the sale at the location due to social
distancing restrictions, the sale shall occur outside of the building as close to
the main entrance of the building as practicable.
The Referee must enforce any requirements currently in effect at the time of
sale regarding social distancing and face coverings and the terms of sale for
the auction must include these requirements.
1 In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact
the Court at 7thforeclosure@nycourts.gov and either
a Notify the court of the date and time of the scheduled auction and include an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference is not required because the property is vacant and
abandoned or
b. Request an AO/157 conference.
Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
The Referee shall include, in the Referee’s Report, a statement that Plaintiff's
attomey has affirmed either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
Only one auction may be conducted at one time.
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Steuben County
Prior to the COVID-19 health emergency, foreclosure auctions were held in the Steuben
County Courthouse. Foreclosure auctions in Steuben County occur at a frequency of less
than lauction per week. As the volume of foreclosure auctions is low it is not anticipated
that resuming auctions in Steuben County will pose issues of social distancing on the space
where those auctions are held. Granted judgments of foreclosure and sale shall include the
following language:
a Should the Referee be unable to conduct the sale at the location due to social
distancing restrictions, the sale shall occur outside of the building as close to
the main entrance of the building as practicable.
The Referee must enforce any requirements currently in effect at the time of
sale regarding social distancing and face coverings and the terms of sale for
the auction must include these requirements.
1 In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact
the Court at 7thforeclosure@nycourts.gov and either
a Notify the court of the date and time of the scheduled auction and include an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference is not required because the property is vacant and
abandoned or
b. Request an AO/157 conference.
Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
The Referee shall include, in the Referee’s Report, a statement that Plaintiff's
attorney has affirmed either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
Only one auction may be conducted at one time.
Wayne County
Prior to the COVID-19 health emergency, foreclosure auctions were held in the Wayne
County Hall of Justice. Foreclosure auctions in Wayne County occur at a frequency of less
than lauction per week. As the volume of foreclosure auctions is low it is not anticipated
that resuming auctions in Wayne County will pose issues of social distancing on the space
where those auctions are held. Granted judgments of foreclosure and sale shall include the
following language:
a Should the Referee be unable to conduct the sale at the location due to social
distancing restrictions, the sale shall occur outside of the building as close to
the main entrance of the building as practicable.
The Referee must enforce any requirements currently in effect at the time of
sale regarding social distancing and face coverings and the terms of sale for
the auction must include these requirements.
1. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact
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NYSCEF boc . NO. 27 RECEIVED NYSCEF: 05/05/2021
the Court at 7thforeclosure@nycourts.gov and either
a Notify the court of the date and time of the scheduled auction and include an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference is not required because the property is vacant and
abandoned or
b. Request an AO/157 conference.
Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
The Referee shall include, in the Referee’s Report, a statement that Plaintiff's
attorney has affirmed either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
Only one auction may be conducted at one time.
Yates County
Prior to the COVID-19 health emergency, foreclosure auctions were held in the Yates
Courthouse. Foreclosure auctions in Yates County occur at a frequency of less than
lauction per week. As the volume of foreclosure auctions is low it is not anticipated that
resuming auctions in Yates County will pose issues of social distancing on the space where
those auctions are held. Granted judgments of foreclosure and sale shall include the
following language:
a Should the Referee be unable to conduct the sale at the location due to social
distancing restrictions, the sale shall occur outside of the building as close to
the main entrance of the building as practicable.
The Referee must enforce any requirements currently in effect at the time of
sale regarding social distancing and face coverings and the terms of sale for
the auction must include these requirements.
1. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact
the Court at 7thforeclosure@nycourts.gov and either
a Notify the court of the date and time of the scheduled auction and include an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference is not required because the property is vacant and
abandoned or
b. Request an AO/157 conference.
Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an
affirmation stating either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
The Referee shall include, in the Referee’s Report, a statement that Plaintiff's
attorney has affirmed either that an AO/157 conference has been held or that an
AO/157 conference was not required because the property is vacant and abandoned.
Only one auction may be conducted at one time.
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NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
Foreclosure Auction Rules - Seventh Judicial District
The following rules shall be applicable for foreclosure auctions held within the Seventh
Judicial District and shall be incorporated into the Terms of Sale for foreclosure auctions
held within the Seventh Judicial District
1. A successful bidder must have in his/her possession at the time of the bid the full 10% of
the sum bid, in cash or certified or bank check to be made payable to the Referee. In cases of
a tax lien certificate foreclosure, the amount required is 25%.
2. No sale will be deemed final until the full 10% deposit has been paid to the Referee and a
Memorandum of Sale has been signed, which must be completed immediately following the
sale.
3. If a successful bidder fails to immediately pay the deposit and sign the Memorandum of
Sale, the Referee will strike the bid and the second-highest bidder shall be permitted to
tender the requisite deposit and sign the Memorandum of Sale.
4. Bidders are cautioned that the failure to pay the full purchase price bid and appropriate
closing costs at a closing to be scheduled no later than thirty (30) days following the auction
(unless otherwise stipulated by all parties to the sale) may result in the forfeiture of the 10%
deposit.
5. If the successful bidder defaults in concluding the transaction at the purchase price,
he/she may be liable for the difference if the property is subsequently sold at auction for
lower price in a subsequent sale.
6. It is the responsibility of the bidder to acquaint him/herself with the property, any
encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that
adequate funds are available to make good the bid.
COVID-19 Health Emergency Rules
During the COVID-19 health emergency, the Referee must require the observance of any
requirements in effect at the time of the foreclosure auction and at any subsequent closing.
Prior to scheduling any auctions, Plaintiff's counsel should confer with the assigned Referee
to ascertain whether the Referee wishes to continue to serve as a Referee during the
COVID-19 health emergency. Should the Referee not wish to continue to serve as a
Referee, the Plaintiff's attorney shall promptly make application to have a Successor Referee
appointed.
The following must be incorporated into the Terms of Sale for auctions held during the
COVID-19 health emergency:
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NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021
1. All participants in the foreclosure auction, including bidders and prospective bidders, the
Referee, and the Plaintiff's agent must comply with any face covering rule, regulation, or
order in effect at the time of the foreclosure auction. The Referee shall refuse to accept any
bid placed by a bidder not complying with this requirement. Should the Plaintiff's agent fail
to comply with this requirement, the Referee shall cancel the auction, and advise Plaintiff's
counsel the reason for the cancellation. Should the Referee cancel the auction due to
Plaintiff's agent’s failure to comply with this requirement, Plaintiff shall not recover any
subsequent re-publication costs.
2. All participants shall maintain appropriate social distancing during the auction. The
Referee, the successful bidder, and the Plaintiff's agent shall maintain appropriate distancing
while executing the Memorandum of Sale and the tendering of the deposit. Only one
auction may be conducted at one time.
3. All participants in the closing must comply with any face covering rule, regulation, or
order in effect at the time of the closing. Should a bidder fail to comply to comply, the
Referee may cancel the closing and hold the bidder in default.
Scheduling Foreclosure Auctions
In order to schedule an auction in Monroe County, Plaintiff attorneys must now contact the
Monroe Foreclosure Part at monroeforeclosure@nycourts.gov for an appointment. Only
one auction may be scheduled at one time and auctions may only be scheduled in half-hour
blocks beginning at 10:00 AM and ending at 3:30 PM. All emails must provide the
following information regarding the scheduled foreclosure auction: (1) the title of the action
with index number; (2) the date and time requested for the auction; (3) the Plaintiff attorney;
(4) the Referee; and (5) an affirmation stating either that an AO/157 conference has been
held or that an AO/157 conference is not required because the property is vacant and
abandoned.
In all other counties in the Seventh Judicial District Plaintiff attorneys do not need contact
the court prior to scheduling an auction but must email the court of the scheduled auction at
7thforeclosure@nycourts.gov.
All emails must provide the following information regarding the scheduled foreclosure
auction: : (1) the title of the action with index number; (2) the date and time requested for
the auction; (3) the Plaintiff attorney; (4) the Referee; and (5) an affirmation stating either
that an AO/157 conference has been held or that an AO/157 conference is not required
because the property is vacant and abandoned.
Preview
INDEX NO. 12018000515 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2709210 Book Page CIVIL Return To: No. Pages: 12 NANCY L. KOURLAND Instrument: MISCELLANEOUS DOCUMENT Control #: 202105060070 Index #: 12018000515 Date: 05/06/2021 WELLS FARGO USA HOLDINGS, INC Time: 9:05:07 AM NATOLI, AURELIO NATOLI, BARBARA NATOLI, GIANFRANCO, NATOLI, MELISSA UNITED STATES OF AMERICA Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MO A MONRO OUN NK OU DM INDi®€xNO: 120780005105 15 NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 At an IAS Part of the Supreme Court of the State of New York held in and for the County of Monroe, at the Courthouse thereof, at Monroe County Supreme Court, 545 Hall of Justice, 99 Exchange Blvd., Rochester, NY 14614 on. the day of 2021. PRESENT: HONORABLE Daniel J. Doyle we cere cece nen ne cee enn nee nese enn nn enn ene nn ne ne en ee nen neeee enn, Index No.: 12018000515 Wells Fargo USA Holding, Inc., Plaintiff, ORDER APPOINTING SUBSTITUTE REFEREE -against- AND AMENDING JUDGMENT OF Barbara Natoli, Gianfranco Natoli, Melissa Natoli, FORECLOSURE AND United States of America 0/b/o Internal Revenue Service, SALE, NUNC PRO TUNC New York State Workers Compensation Board, Discover Bank, George M Reiber Defendants. UPON reading and filing the Summons, Complaint and Notice of Pendency filed in this action on January 22, 2018 in the Monroe County Clerk’s Office, the Judgment of Foreclosure and Sale duly filed and entered in this action, and the affirmation of Nancy L. Kourland, Esq., dated May 3, 2021, from which it appears that this is an action to foreclose a mortgage on property located at 33 Hidden Creek Lane, Hamlin, NY 14464(“Mortgaged Premises”) and that Robert E. Brennan, Esq. is unable to serve in his capacity as Referee and said motion having regularly come on to be heard on ; Monroe County Supreme Court, 545 Hall of Justice, 99 Exchange Blvd., Rochester, NY 14614, and no appearance having been required or made by the attorneys for the parties herein and upon submission and due deliberation having been had thereon. MONRO OUN NK OU DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 NOW, upon motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for the Wells Fargo USA Holding, Inc., the plaintiff herein (“Plaintiff”), it is ORDERED, that the Robert E. Brennan, Esq., the duly appointed Referee herein pursuant to the Judgment of Foreclosure and Sale dated December 3, 2019, be and the same hereby is, relieved and discharged of any and all obligations; and it is further ORDERED, that with offices at _., phone number ( ) is hereby appointed substitute referee (“Substitute Referee”) to sell the Mortgaged Premises; and it is further ORDERED, that the time for the Substitute Referee to conduct a sale of the Mortgaged Premises is hereby extended to a date, as soon as reasonably practicable, on or after October 15, 2020; and it is further ORDERED, that the terms of the Judgment of Foreclosure and Sale dated December 3, 2019 be, and the same hereby are, amended nunc pro tunc, to incorporate the Foreclosure Auction Plan - Seventh Judicial District adopted in accordance with Administrative Order 157/20 and to provide the following information concerning the servicer: Wells Fargo Financial - (877) 617- 5274; and it is further ORDERED, that all other provisions of the Judgment of Foreclosure and Sale entered in the Monroe County Clerk’s Office on December 17, 2019 remain in full force and effect. ENTER: JS.C. Our File No: 01-069668-F00 MONRO OUN NK OU DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 Foreclosure Auction Plan - Seventh Judicial District Summary: In an Administrative Order of the Chief Administrative Judge of the Courts dated July 23, 2020 (AO 157/20), Chief Administrative Judge Lawrence Marks required each judicial district to assess auction practices within the district and to develop “appropriate procedures and protocols for the safe and healthful conduct of such auctions within their districts in light of the COVID-19 pandemic” (AO 157/20). The policies and procedures set forth below will take effect immediately on approval and remain in effect during the COVID-19 health emergency. The policies and procedures herein will best ensure the requirements of social distancing and any requirement for face coverings. Seven of the eight counties of the Seventh Judicial District are small counties; the volume of foreclosure auctions is low and it is not anticipated that any auction in those counties will pose challenges for social distancing on the spaces where those auctions are held. Referees conducting auctions in those counties will be required to enforce any applicable social distancing and face covering requirements in effect at the time the auction is held. In Monroe County prior to April 2020, several foreclosure auctions had been scheduled per day and multiple auctions had been scheduled to occur at the same time. Were this practice to continue after October 15, 2020, it would pose significant issues for social distancing on the space where auctions are held in Monroe County. This plan implements a scheduling system for auctions to be held in Monroe County, which will permit only one auction to occur every half hour between the hours of 10:00 AM and 3:30 PM. In addition, Referees conducting auctions in those counties will be required to enforce any applicable social distancing and face covering requirements in effect at the time the auction is held. Monroe County Prior to the COVID-19 health emergency, foreclosure auctions were held in the lower atrium of the Hall of Justice in Rochester, New York. The lower atrium is a covered location outside of the entrance to the Hall of Justice, which is the equivalent to the “courthouse steps.” Reviewing published schedules of foreclosure auctions for the months of February-March 2020 revealed the following: February 2020 On average, 15 auctions were scheduled per week. On average, overlapping auctions (auctions scheduled at the same date/time were scheduled on 2 of the 5 days of the business week On one day during the week of February 3, 2020, 6 overlapping auctions were scheduled, and one day during the week of February 24, 2020, 5 overlapping auctions were scheduled. HSOOMONRO OUN NK OU DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 March 2020 On average, 19 auctions were scheduled per week. On average, overlapping auctions (auctions scheduled at the same date/time were scheduled on 3 of the 5 days of the business week. . On one day during the week of March 9, 2020, 5 overlapping auctions were scheduled. To address issues of social distancing for auctions in Monroe during the COVID-19 health emergency, the following procedures will be implemented: 1 In order to schedule an auction, Plaintiff's attorney must contact the Monroe Foreclosure Part at monroeforeclosure@nycourts.gov and a. Request an AO/157 conference be held prior to the foreclosure auction OR b. Request an appointment for an auction and submit an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned. The email and associated calendar will be monitored by the two clerks assigned to the Monroe Foreclosure Part, as well as by the Chief Clerk and Deputy Chief Clerk. Following the completion of a conference held pursuant to (1)(a) above, the plaintiff's attorney may request an auction be scheduled pursuant to (1)(b) above. Only one auction may be scheduled at one time and auctions may only be scheduled in half-hour blocks beginning at 10:00 AM and ending at 3:30 PM in order to avoid peak employee and general public entrance/exit times. Should the Monroe Foreclosure Part become aware of multiple auctions scheduled for the same time: the following rules shall apply a The Plaintiff attorneys involved shall be directed to contact each other to ensure that their auction is set to continue and their file is not on a loss mitigation hold. b If one of the Plaintiff attorneys for the conflicting foreclosure auctions failed to contact the Monroe Foreclosure Part, the auction that was scheduled through the Monroe Foreclosure Part shall occur in the lower atrium. For the auction that was not properly scheduled, the Plaintiff attorneys will either have to a) hold the auction outside in the courtyard; or b) re-schedule the auction (see below for language to be inserted into judgments of foreclosure). Prior to the scheduled auction, Plaintiffs attorney must provide the Referee with an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. A podium has been provided to facilitate the Referee and the successful bidder to complete post-auction paperwork. Granted judgments of foreclosure and sale shall include the following D COMONRO OUN NK :00 DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 language: a Should the Referee be unable to conduct the sale at the location due to social distancing restrictions, the sale shall occur outside in the upper courtyard. b. The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. The Referee shall include, in the Referee’s Report, a statement that Plaintiff's attorney has affirmed either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. Cayuga County Prior to the COVID-19 health emergency, foreclosure auctions were held in the Cayuga County Courthouse. Foreclosure auctions in Cayuga County occur at a frequency of less than 1 auction a week. As the volume of foreclosure auctions is low it is not anticipated that resuming auctions in Cayuga County will pose issues of social distancing on the spaces where those auctions are held. Granted judgments of foreclosure and sale shall include the following language: a. Should the Referee be unable to conduct the sale at the location due to social distancing restrictions, the sale shall occur outside of the building as close to the main entrance of the building as practicable. The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact the Court at 7thforeclosure@nycourts.gov and either a Notify the court of the date and time of the scheduled auction and include an affirmation stating either that an AQ/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned or b Request an AO/157 conference. Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. The Referee shall include, in the Referee’s Report, a statement that Plaintiff's attorney has affirmed either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. Only one auction may be conducted at one time. MONRO OUN NK :00 DM INDBeNG:.120780085E9515 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 Livingston County Prior to the COVID-19 health emergency, foreclosure auctions were held in the Government Center in Geneseo, New York. Foreclosure auctions in Livingston County occur at a frequency of less than | auction a week. As the volume of foreclosure auctions is low it is not anticipated that resuming auctions in Livingston County will pose issues of social distancing on the space where those auctions are held. Granted judgments of foreclosure and sale shall include the following language: a Should the Referee be unable to conduct the sale at the location due to social distancing restrictions, the sale shall occur outside of the building as close to the main entrance of the building as practicable. The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. 1. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact the Court at 7thforeclosure@nycourts.gov and either a Notify the court of the date and time of the scheduled auction and include an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned or b. Request an AO/157 conference. Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned, The Referee shall include, in the Referee’s Report, a statement that Plaintiff's attorney has affirmed either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. Only one auction may be conducted at one time. Ontario County Prior to the COVID-19 health emergency, foreclosure auctions were held on the front steps of the Ontario County Courthouse. Foreclosure auctions in Ontario County occur at a frequency of lauction per week. As the volume of foreclosure auctions is low it is not anticipated that resuming auctions in Ontario County will pose issues of social distancing on the space where those auctions are held. Granted judgments of foreclosure and sale shall include the following language: a The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. 1. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact MONRO OUN NK :00 DM INDBHeNG:.120780085E9515 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 the Court at 7thforeclosure@nycourts.gov and either a Notify the court of the date and time of the scheduled auction and include an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned or b Request an AO/157 conference. Prior to the scheduled auction, Plaintiffs attorney must provide the Referee with an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. The Referee shall include, in the Referee’s Report, a statement that Plaintiff's attorney has affirmed either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. Only one auction may be conducted at one time. Seneca County Prior to the COVID-19 health emergency, foreclosure auctions were held in the lobby of the Seneca County Courthouse. Foreclosure auctions in Seneca County occur at a frequency of less than lauction per week. As the volume of foreclosure auctions is low it is not anticipated that resuming auctions in Seneca County will pose issues of social distancing on the space where those auctions are held. Granted judgments of foreclosure and sale shall include the following language: a Should the Referee be unable to conduct the sale at the location due to social distancing restrictions, the sale shall occur outside of the building as close to the main entrance of the building as practicable. The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. 1 In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact the Court at 7thforeclosure@nycourts.gov and either a Notify the court of the date and time of the scheduled auction and include an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned or b. Request an AO/157 conference. Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. The Referee shall include, in the Referee’s Report, a statement that Plaintiff's attomey has affirmed either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. Only one auction may be conducted at one time. COMONRO OUN NK :00 DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 Steuben County Prior to the COVID-19 health emergency, foreclosure auctions were held in the Steuben County Courthouse. Foreclosure auctions in Steuben County occur at a frequency of less than lauction per week. As the volume of foreclosure auctions is low it is not anticipated that resuming auctions in Steuben County will pose issues of social distancing on the space where those auctions are held. Granted judgments of foreclosure and sale shall include the following language: a Should the Referee be unable to conduct the sale at the location due to social distancing restrictions, the sale shall occur outside of the building as close to the main entrance of the building as practicable. The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. 1 In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact the Court at 7thforeclosure@nycourts.gov and either a Notify the court of the date and time of the scheduled auction and include an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned or b. Request an AO/157 conference. Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. The Referee shall include, in the Referee’s Report, a statement that Plaintiff's attorney has affirmed either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. Only one auction may be conducted at one time. Wayne County Prior to the COVID-19 health emergency, foreclosure auctions were held in the Wayne County Hall of Justice. Foreclosure auctions in Wayne County occur at a frequency of less than lauction per week. As the volume of foreclosure auctions is low it is not anticipated that resuming auctions in Wayne County will pose issues of social distancing on the space where those auctions are held. Granted judgments of foreclosure and sale shall include the following language: a Should the Referee be unable to conduct the sale at the location due to social distancing restrictions, the sale shall occur outside of the building as close to the main entrance of the building as practicable. The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. 1. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact COMONRO OUN NK :00 DM INDBHeNG:.120780085E9515 NYSCEF boc . NO. 27 RECEIVED NYSCEF: 05/05/2021 the Court at 7thforeclosure@nycourts.gov and either a Notify the court of the date and time of the scheduled auction and include an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned or b. Request an AO/157 conference. Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. The Referee shall include, in the Referee’s Report, a statement that Plaintiff's attorney has affirmed either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. Only one auction may be conducted at one time. Yates County Prior to the COVID-19 health emergency, foreclosure auctions were held in the Yates Courthouse. Foreclosure auctions in Yates County occur at a frequency of less than lauction per week. As the volume of foreclosure auctions is low it is not anticipated that resuming auctions in Yates County will pose issues of social distancing on the space where those auctions are held. Granted judgments of foreclosure and sale shall include the following language: a Should the Referee be unable to conduct the sale at the location due to social distancing restrictions, the sale shall occur outside of the building as close to the main entrance of the building as practicable. The Referee must enforce any requirements currently in effect at the time of sale regarding social distancing and face coverings and the terms of sale for the auction must include these requirements. 1. In preparation of conducting a foreclosure auction, Plaintiff's attorney must contact the Court at 7thforeclosure@nycourts.gov and either a Notify the court of the date and time of the scheduled auction and include an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned or b. Request an AO/157 conference. Prior to the scheduled auction, Plaintiff's attorney must provide the Referee with an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. The Referee shall include, in the Referee’s Report, a statement that Plaintiff's attorney has affirmed either that an AO/157 conference has been held or that an AO/157 conference was not required because the property is vacant and abandoned. Only one auction may be conducted at one time. HSOOMONRO OUN NK OU DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 Foreclosure Auction Rules - Seventh Judicial District The following rules shall be applicable for foreclosure auctions held within the Seventh Judicial District and shall be incorporated into the Terms of Sale for foreclosure auctions held within the Seventh Judicial District 1. A successful bidder must have in his/her possession at the time of the bid the full 10% of the sum bid, in cash or certified or bank check to be made payable to the Referee. In cases of a tax lien certificate foreclosure, the amount required is 25%. 2. No sale will be deemed final until the full 10% deposit has been paid to the Referee and a Memorandum of Sale has been signed, which must be completed immediately following the sale. 3. If a successful bidder fails to immediately pay the deposit and sign the Memorandum of Sale, the Referee will strike the bid and the second-highest bidder shall be permitted to tender the requisite deposit and sign the Memorandum of Sale. 4. Bidders are cautioned that the failure to pay the full purchase price bid and appropriate closing costs at a closing to be scheduled no later than thirty (30) days following the auction (unless otherwise stipulated by all parties to the sale) may result in the forfeiture of the 10% deposit. 5. If the successful bidder defaults in concluding the transaction at the purchase price, he/she may be liable for the difference if the property is subsequently sold at auction for lower price in a subsequent sale. 6. It is the responsibility of the bidder to acquaint him/herself with the property, any encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that adequate funds are available to make good the bid. COVID-19 Health Emergency Rules During the COVID-19 health emergency, the Referee must require the observance of any requirements in effect at the time of the foreclosure auction and at any subsequent closing. Prior to scheduling any auctions, Plaintiff's counsel should confer with the assigned Referee to ascertain whether the Referee wishes to continue to serve as a Referee during the COVID-19 health emergency. Should the Referee not wish to continue to serve as a Referee, the Plaintiff's attorney shall promptly make application to have a Successor Referee appointed. The following must be incorporated into the Terms of Sale for auctions held during the COVID-19 health emergency: MONRO OUN NK OU DM INDBHeNG:.120780085E9515 NYSCEF BOC. NO. 27 RECEIVED NYSCEF: 05/05/2021 1. All participants in the foreclosure auction, including bidders and prospective bidders, the Referee, and the Plaintiff's agent must comply with any face covering rule, regulation, or order in effect at the time of the foreclosure auction. The Referee shall refuse to accept any bid placed by a bidder not complying with this requirement. Should the Plaintiff's agent fail to comply with this requirement, the Referee shall cancel the auction, and advise Plaintiff's counsel the reason for the cancellation. Should the Referee cancel the auction due to Plaintiff's agent’s failure to comply with this requirement, Plaintiff shall not recover any subsequent re-publication costs. 2. All participants shall maintain appropriate social distancing during the auction. The Referee, the successful bidder, and the Plaintiff's agent shall maintain appropriate distancing while executing the Memorandum of Sale and the tendering of the deposit. Only one auction may be conducted at one time. 3. All participants in the closing must comply with any face covering rule, regulation, or order in effect at the time of the closing. Should a bidder fail to comply to comply, the Referee may cancel the closing and hold the bidder in default. Scheduling Foreclosure Auctions In order to schedule an auction in Monroe County, Plaintiff attorneys must now contact the Monroe Foreclosure Part at monroeforeclosure@nycourts.gov for an appointment. Only one auction may be scheduled at one time and auctions may only be scheduled in half-hour blocks beginning at 10:00 AM and ending at 3:30 PM. All emails must provide the following information regarding the scheduled foreclosure auction: (1) the title of the action with index number; (2) the date and time requested for the auction; (3) the Plaintiff attorney; (4) the Referee; and (5) an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned. In all other counties in the Seventh Judicial District Plaintiff attorneys do not need contact the court prior to scheduling an auction but must email the court of the scheduled auction at 7thforeclosure@nycourts.gov. All emails must provide the following information regarding the scheduled foreclosure auction: : (1) the title of the action with index number; (2) the date and time requested for the auction; (3) the Plaintiff attorney; (4) the Referee; and (5) an affirmation stating either that an AO/157 conference has been held or that an AO/157 conference is not required because the property is vacant and abandoned.