Preview
FILED: NASSAU COUNTY CLERK 07/26/2023
04/01/2022 04:51
12:21 PM INDEX NO. 613956/2020
NYSCEF DOC. NASSAU
NO. 90
40 COUNTY CLERK 7 20 2 09:00
RECEIVED
INDEX NYSCEF:
NO. 04/01/2022
07/26/2023
613956/2020
|FILED: 03/ AM)
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/23/2022
Maureen OConnell
County Clerk
Ref ID#: EC 20 613956 Instrument Number: 2022- 00033116
As
J65-ELECTJUDGMENTFORECLO & SALE
Recorded On: March 22, 2022
Parties: HOF I GRANTOR TRUST 5
TO LEGACY INV & MANAGEMENT GROUP LLC Num Of Pages: 15
Recorded By: COURT Comment:
** **
Examined and Charged as Follows:
J65 -ELECT JUDGMENT FORECL 0.00
Recording Charge: 0.00
** **
THIS PAGE IS PART OF THE INSTRUMENT
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY
File Information: Record and Return To:
Document Number: 2022- 00033116
Receipt Number: 2535972
Recorded Date/Time: March 22, 2022 12:25:06P
· Book-Vol/Pg: Bk-K Vl-659 Pg-124
Cashier / Station: 0 TMN / NCCL-DW957X2
Exhibit F County Clerk IUIaureen O'ConneII
1 of 15
1 of 15
FILED: NASSAU COUNTY CLERK 07/26/2023
04/01/2022 04:51
12:21 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 90
40 09:00
RECEIVED
INDEX NYSCEF:
NO. 04/01/2022
07/26/2023
613956/2020
|FILED: NASSAU COUNTY CLERK 03/17/2022 AM)
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/23/2022
LF-195 At an IAM Term, Part FP3 of
the Supreme Court of the State
of New York, held in and for
the County of Nassau, at the
Supreme Court Building, 100
Supreme Court Driv , Mineola,
New Y k on the day of
/sm PARTE26ti@UENCE #
PRESENT: HON. DAVID P. SULLIVAN
ORIGINAL ENTERED DATE d
JUSTICE OF THE SUPREME COURT RELlEF UK)
_______________________________________Ç
HOF I GRANTOR TRUST 5, Index No. 613956 /20
Plaintiff, JUDGMENT OF
FORECLOSURE AND SALE
- against -
/ Foreclosure of:
,LFßACY INV. & MANAG/MENT GROUP, LLC, 572 Clark Place
- NELSON HERNANDEZ, NY§v DEPARTMENT OF Uniondale, N.Y. 11553
TAXATION & FINANCE, DEEDEE DOE (last Section 50, Block 384,
'
name refused) Lot 17
Defendants.
_______________________________________Ç
UPON the summons and complaint filed in the Nassau County
Clerk's Office on 12/2/20 and the notice of pendency of action
filed in the Nassau County Clerk's Office on 12/7/20, and all
proceedings thereon, and on reading and filing the Affirmation of
Regularity of BRIAN GOLDBERG, ESQ. dated the February 23, 2022,
showing that each of the Defendants herein have been duly served
with the Summons and Complaint in this action, or have voluntarily
appeared by their respective attorneys, and stating that more than
the legally required number of days had elapsed since said
Defendants were so served and/or appeared; and that none of the
Defendants had served any Answer to said Complaint, nor had their
time to do so been extended or, if they had served an Answer, it
2 of 15
2 of 15
FILED: NASSAU COUNTY CLERK 07/26/2023
04/01/2022 04:51
12:21 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 90
40 RECEIVED
INDEXNYSCEF:
NO. 04/01/2022
07/26/2023
613956/2020
|FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM)
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/23/2022
was dismissed by summary judgment or stipulation of the parties,
and upon the attached affidavit of mailing reflecting compliance
with CPLR 3215(g) (3) (iii); and that the Plaintiff has complied with
New York law regarding RPAPL §1304 and CPLR 3408; and that the
Complaint herein and Notice of Pendency of this action containing
all the particulars required to be stated therein was duly filed in
the Office of the Clerk of the County of Nassau on the 7'th day of
December, 2020, and an Order to Appoint a Referee to Compute having
been duly executed where a Referee was appointed to compute the
amount due to the Plaintiff upon the note and mortgage set forth in
the Complaint and said Referee having examined and reported whether
the mortgaged premises can be sold in parcels,
AND, on reading and filing the report of JANINE LYNAM, ESQ.,
the Referee named in said Order, by which Report, bearing the date
the 14th day of February, 2022, it appears that the sum of
2)rt/d o200 cl
$122,105.62 was due thereon at the dat coinputed to in said Report
and that the mortgage premises cannot be sold in parcels.
NOW, upon proof of due notice of this application upon all
parties who had not waived the same,
ON MOTION of DEUTSCH & SCHNEIDER, LLP, attorneys for the
Plaintiff, it is
ORDERED, that this ex-parte application is hereby granted; and
it is further
ORDERED, ADJUDGED and DECREED, that the said Report of the
said Referee be, and the same is hereby in all respects ratified
3 of 15
3 of 15
FILED: NASSAU COUNTY CLERK 07/26/2023
04/01/2022 04:51
12:21 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 90
40 RECEIVED
INDEX
NYSCEF:
NO.
04/01/2022
07/26/2023
613956/2020
FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM)
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/23/2022
and confirmed; and it is further
ORDERED, ADJUDGED and DECREED, that Defendant LEGACY INV. &
MANAGEMENT GROUP, LLC, and all persons or entities claiming by,
through or under them, be and are hereby forever barred and
foreclosed of and from all right, claim, lien, interest or equity
of redemption in and to said mortgaged premises; and it is further
ORDERED, ADJUDGED and DECREED, that the mortgaged premises, as
described in the Complaint in this action be sold at public auction
on the north side steps of the Nassau County Courthouse, 100
Supreme Court Drive, Mineola, N.Y. 11501 by and under the direction
of JANINE LYNAM, ESQ., Fiduciary Number 662825, who is hereby
appointed Referee for that purpose; that the said Referee give
public of the time and place of such sale according to law and the
practice of this Court, in an official publication, to wit: The
UNIONDALEBEACON
P TEAD,NY -; or in any publication in compliance with
RPAPL þ231; and it is further
ORDERED, ADJUDGED and DECREED, that the Referee at the time of
sale may accept a written bid from the Plaintiff or the Plaintiff's
attorneys, just as though the Plaintiff were physically present to
submit said bid; and it is further
ORDERED, ADJUDGED and DECREED, that the premises be sold in
is"
"as condition defined as the condition the premises are in as
of the date of sale and continuing through the date of closing, and
that said sale shall be subject to:
(a) Rights of the public and other in and to any part of the
4 of 15
4 of 15
FILED: NASSAU COUNTY CLERK 07/26/2023
04/01/2022 04:51
12:21 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 90
40 RECEIVED
INDEX NYSCEF:
NO. 04/01/2022
07/26/2023
613956/2020
|FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM|
NYSCEF DOC. NO. 39 , RECEIVED NYSCEF: 03/23/2022
mortgaged premises that lies within the bounds of any street,
alley, or highway, restrictions and easements of record;
(b) Any state of facts that an accurate, currently dated
survey might disclose;
(c) Rights of tenants, occupants or squatters, if any, It
shall be the responsibility of the Purchaser to evict or
remove any parties in possession or premises being foreclosed.
There shall be no pro-rata adjustment in favor of the
Purchaser for any rents that are paid for a period after the
date of the foreclosure sale.
(d) The right of redemption of the United States of America,
if any;
(e) All covenants, restrictions, easements, agreements and
reservations, if any, of record and to any and all violations
thereof;
(f) Any and all building and zoning regulations, restrictions
and ordinances of the municipality in which said premises are
situated, and to any violations of the same, including, but
not limited to, reapportionment of lot lines, and vault
charges, if any;
(g) Any and all orders or requirements issued by any
governmental body having jurisdiction against or affecting
said premises and violations of the same;
(h) Prior mortgages and judgments, if any, now liens of
record;
5 of 15
5 of 15
FILED: NASSAU COUNTY CLERK 07/26/2023
04/01/2022 04:51
12:21 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 90
40 RECEIVED
INDEX NYSCEF:
NO. 04/01/2022
07/26/2023
613956/2020
|FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM|
NYSCEF DOC. NO. 39 * RECEIVED NYSCEF: 03/23/2022
(i) Rights of any defendants pursuant to CPLR Section 317,
CPLR Section 2003 and CPLR Section 5015, if any;
(j) Rights afforded to tenants pursuant to RPAPL Section
1303 and 1305, if any;
(k) Any and all Hazardous Materials in the Premises including,
but not limited to, flammable explosives, radioactive
materials, hazardous wastes, asbestos or any material
containing asbestos, and toxic substances; and
(1) Other conditions as set forth in the terms of sale more
particularly to be announced at the sale; and
(m) Subject to liens in favor of the TOWN OF HEMPSTEAD
pursuant to the Administrative Code of the TOWN OF HEMPSTEAD;
and it is further
ORDERED, ADJUDGED and DECREED, that the Plaintiff or any other
parties to this action may become the Purchaser or Purchasers at
such sale; that in case the Plaintiff shall become the Purchaser at
the said sale, it shall not be required to make any deposit
thereon; and it is
ORDERED, ADJUDGED and DECREED, that the Referee conducting the
sale shall pay out of the proceeds of sale all taxes, assessments,
sewer rents and water rates which are liens upon the property at
tine of sale. Purchaser shall be responsible for interest due on
.
any real property tax liens accruing after the first day of the
month following the foreclosure sale; and it is further
ORDERED, ADJUDGED and DECREED, that the Referee then take the
.
6 of 15
6 of 15
FILED: NASSAU COUNTY CLERK 07/26/2023
04/01/2022 04:51
12:21 PM INDEX NO. 613956/2020
NYSCEF DOC. NO. 90
40 RECEIVED
INDEXNYSCEF:
NO. 04/01/2022
07/26/2023
613956/2020
FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM|
NYSCEF DOC. NO. 39 * RECEIVED NYSCEF: 03/23/2022
remaining proceeds of sale and deposit them in her own name as
Referee in her IOLA account ed>µrCPLR oM#O 7
FLUSHING BANK
260 RXR PLAzA and in addition to a deed to the
, executing
UNIONDALE, NY 11556
Purchaser(s) of the premises sold, shall thereafter make the
following payments and his checks drawn for that purpose:
FIRST: The statutory fees of said Referee, JANINE LYNAM, ESQ.
of $500.00 as and for her fee for conducting the sale, pursuant to
CPLR 8003.
SECOND: The
Preview
FILED: NASSAU COUNTY CLERK 07/26/2023 04/01/2022 04:51 12:21 PM INDEX NO. 613956/2020 NYSCEF DOC. NASSAU NO. 90 40 COUNTY CLERK 7 20 2 09:00 RECEIVED INDEX NYSCEF: NO. 04/01/2022 07/26/2023 613956/2020 |FILED: 03/ AM) NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/23/2022 Maureen OConnell County Clerk Ref ID#: EC 20 613956 Instrument Number: 2022- 00033116 As J65-ELECTJUDGMENTFORECLO & SALE Recorded On: March 22, 2022 Parties: HOF I GRANTOR TRUST 5 TO LEGACY INV & MANAGEMENT GROUP LLC Num Of Pages: 15 Recorded By: COURT Comment: ** ** Examined and Charged as Follows: J65 -ELECT JUDGMENT FORECL 0.00 Recording Charge: 0.00 ** ** THIS PAGE IS PART OF THE INSTRUMENT I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY File Information: Record and Return To: Document Number: 2022- 00033116 Receipt Number: 2535972 Recorded Date/Time: March 22, 2022 12:25:06P · Book-Vol/Pg: Bk-K Vl-659 Pg-124 Cashier / Station: 0 TMN / NCCL-DW957X2 Exhibit F County Clerk IUIaureen O'ConneII 1 of 15 1 of 15 FILED: NASSAU COUNTY CLERK 07/26/2023 04/01/2022 04:51 12:21 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 90 40 09:00 RECEIVED INDEX NYSCEF: NO. 04/01/2022 07/26/2023 613956/2020 |FILED: NASSAU COUNTY CLERK 03/17/2022 AM) NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/23/2022 LF-195 At an IAM Term, Part FP3 of the Supreme Court of the State of New York, held in and for the County of Nassau, at the Supreme Court Building, 100 Supreme Court Driv , Mineola, New Y k on the day of /sm PARTE26ti@UENCE # PRESENT: HON. DAVID P. SULLIVAN ORIGINAL ENTERED DATE d JUSTICE OF THE SUPREME COURT RELlEF UK) _______________________________________Ç HOF I GRANTOR TRUST 5, Index No. 613956 /20 Plaintiff, JUDGMENT OF FORECLOSURE AND SALE - against - / Foreclosure of: ,LFßACY INV. & MANAG/MENT GROUP, LLC, 572 Clark Place - NELSON HERNANDEZ, NY§v DEPARTMENT OF Uniondale, N.Y. 11553 TAXATION & FINANCE, DEEDEE DOE (last Section 50, Block 384, ' name refused) Lot 17 Defendants. _______________________________________Ç UPON the summons and complaint filed in the Nassau County Clerk's Office on 12/2/20 and the notice of pendency of action filed in the Nassau County Clerk's Office on 12/7/20, and all proceedings thereon, and on reading and filing the Affirmation of Regularity of BRIAN GOLDBERG, ESQ. dated the February 23, 2022, showing that each of the Defendants herein have been duly served with the Summons and Complaint in this action, or have voluntarily appeared by their respective attorneys, and stating that more than the legally required number of days had elapsed since said Defendants were so served and/or appeared; and that none of the Defendants had served any Answer to said Complaint, nor had their time to do so been extended or, if they had served an Answer, it 2 of 15 2 of 15 FILED: NASSAU COUNTY CLERK 07/26/2023 04/01/2022 04:51 12:21 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 90 40 RECEIVED INDEXNYSCEF: NO. 04/01/2022 07/26/2023 613956/2020 |FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM) NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/23/2022 was dismissed by summary judgment or stipulation of the parties, and upon the attached affidavit of mailing reflecting compliance with CPLR 3215(g) (3) (iii); and that the Plaintiff has complied with New York law regarding RPAPL §1304 and CPLR 3408; and that the Complaint herein and Notice of Pendency of this action containing all the particulars required to be stated therein was duly filed in the Office of the Clerk of the County of Nassau on the 7'th day of December, 2020, and an Order to Appoint a Referee to Compute having been duly executed where a Referee was appointed to compute the amount due to the Plaintiff upon the note and mortgage set forth in the Complaint and said Referee having examined and reported whether the mortgaged premises can be sold in parcels, AND, on reading and filing the report of JANINE LYNAM, ESQ., the Referee named in said Order, by which Report, bearing the date the 14th day of February, 2022, it appears that the sum of 2)rt/d o200 cl $122,105.62 was due thereon at the dat coinputed to in said Report and that the mortgage premises cannot be sold in parcels. NOW, upon proof of due notice of this application upon all parties who had not waived the same, ON MOTION of DEUTSCH & SCHNEIDER, LLP, attorneys for the Plaintiff, it is ORDERED, that this ex-parte application is hereby granted; and it is further ORDERED, ADJUDGED and DECREED, that the said Report of the said Referee be, and the same is hereby in all respects ratified 3 of 15 3 of 15 FILED: NASSAU COUNTY CLERK 07/26/2023 04/01/2022 04:51 12:21 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 90 40 RECEIVED INDEX NYSCEF: NO. 04/01/2022 07/26/2023 613956/2020 FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM) NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/23/2022 and confirmed; and it is further ORDERED, ADJUDGED and DECREED, that Defendant LEGACY INV. & MANAGEMENT GROUP, LLC, and all persons or entities claiming by, through or under them, be and are hereby forever barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; and it is further ORDERED, ADJUDGED and DECREED, that the mortgaged premises, as described in the Complaint in this action be sold at public auction on the north side steps of the Nassau County Courthouse, 100 Supreme Court Drive, Mineola, N.Y. 11501 by and under the direction of JANINE LYNAM, ESQ., Fiduciary Number 662825, who is hereby appointed Referee for that purpose; that the said Referee give public of the time and place of such sale according to law and the practice of this Court, in an official publication, to wit: The UNIONDALEBEACON P TEAD,NY -; or in any publication in compliance with RPAPL þ231; and it is further ORDERED, ADJUDGED and DECREED, that the Referee at the time of sale may accept a written bid from the Plaintiff or the Plaintiff's attorneys, just as though the Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED and DECREED, that the premises be sold in is" "as condition defined as the condition the premises are in as of the date of sale and continuing through the date of closing, and that said sale shall be subject to: (a) Rights of the public and other in and to any part of the 4 of 15 4 of 15 FILED: NASSAU COUNTY CLERK 07/26/2023 04/01/2022 04:51 12:21 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 90 40 RECEIVED INDEX NYSCEF: NO. 04/01/2022 07/26/2023 613956/2020 |FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM| NYSCEF DOC. NO. 39 , RECEIVED NYSCEF: 03/23/2022 mortgaged premises that lies within the bounds of any street, alley, or highway, restrictions and easements of record; (b) Any state of facts that an accurate, currently dated survey might disclose; (c) Rights of tenants, occupants or squatters, if any, It shall be the responsibility of the Purchaser to evict or remove any parties in possession or premises being foreclosed. There shall be no pro-rata adjustment in favor of the Purchaser for any rents that are paid for a period after the date of the foreclosure sale. (d) The right of redemption of the United States of America, if any; (e) All covenants, restrictions, easements, agreements and reservations, if any, of record and to any and all violations thereof; (f) Any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; (g) Any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and violations of the same; (h) Prior mortgages and judgments, if any, now liens of record; 5 of 15 5 of 15 FILED: NASSAU COUNTY CLERK 07/26/2023 04/01/2022 04:51 12:21 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 90 40 RECEIVED INDEX NYSCEF: NO. 04/01/2022 07/26/2023 613956/2020 |FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM| NYSCEF DOC. NO. 39 * RECEIVED NYSCEF: 03/23/2022 (i) Rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, if any; (j) Rights afforded to tenants pursuant to RPAPL Section 1303 and 1305, if any; (k) Any and all Hazardous Materials in the Premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and (1) Other conditions as set forth in the terms of sale more particularly to be announced at the sale; and (m) Subject to liens in favor of the TOWN OF HEMPSTEAD pursuant to the Administrative Code of the TOWN OF HEMPSTEAD; and it is further ORDERED, ADJUDGED and DECREED, that the Plaintiff or any other parties to this action may become the Purchaser or Purchasers at such sale; that in case the Plaintiff shall become the Purchaser at the said sale, it shall not be required to make any deposit thereon; and it is ORDERED, ADJUDGED and DECREED, that the Referee conducting the sale shall pay out of the proceeds of sale all taxes, assessments, sewer rents and water rates which are liens upon the property at tine of sale. Purchaser shall be responsible for interest due on . any real property tax liens accruing after the first day of the month following the foreclosure sale; and it is further ORDERED, ADJUDGED and DECREED, that the Referee then take the . 6 of 15 6 of 15 FILED: NASSAU COUNTY CLERK 07/26/2023 04/01/2022 04:51 12:21 PM INDEX NO. 613956/2020 NYSCEF DOC. NO. 90 40 RECEIVED INDEXNYSCEF: NO. 04/01/2022 07/26/2023 613956/2020 FILED: NASSAU COUNTY CLERK 03/17/2022 09:00 AM| NYSCEF DOC. NO. 39 * RECEIVED NYSCEF: 03/23/2022 remaining proceeds of sale and deposit them in her own name as Referee in her IOLA account ed>µrCPLR oM#O 7 FLUSHING BANK 260 RXR PLAzA and in addition to a deed to the , executing UNIONDALE, NY 11556 Purchaser(s) of the premises sold, shall thereafter make the following payments and his checks drawn for that purpose: FIRST: The statutory fees of said Referee, JANINE LYNAM, ESQ. of $500.00 as and for her fee for conducting the sale, pursuant to CPLR 8003. SECOND: The