Preview
At a Term of the Supreme Court, of the State of
New York held in and for the County of Suffolk, at
the Suffolk County Courthouse, , New York, on
the _____ day of __________________, 2021
PRESENT: ______________________________________
JUSTICE OF THE SUPREME COURT
________________________________________________
Index No.: 604994/2019
MORGAN STANLEY MORTGAGE LOAN TRUST
2006-6AR, MORTGAGE PASS-THROUGH ORDER OF REFERENCE AND
CERTIFICATES, SERIES 2006-6AR, U.S. BANK DEFAULT JUDGMENT
NATIONAL ASSOCIATION, AS TRUSTEE
SUCCESSOR IN INTEREST TO BANK OF AMERICA, Mortgaged Premises:
NATIONAL ASSOCIATION, AS TRUSTEE, 6 Fleets Pt Dr
SUCCESSOR BY MERGER TO LASALLE BANK West Babylon, (Town of Babylon)
NATIONAL ASSOCIATION, AS TRUSTEE, NY 11704
Plaintiff, Mortgage Servicer: Specialized
-v- Loan Servicing LLC
ROGER SCHLEGEL; Mortgage Servicer Phone #: 800-
THE BANK OF NEW YORK MELLON FKA THE 306-6062
BANK OF NEW YORK, AS SUCCESSOR TRUSTEE
TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE
ON BEHALF OF THE CERTIFICATEHOLDERS OF
THE CWHEQ INC., CWHEQ REVOLVING HOME
EQUITY LOAN TRUST, SERIES 2006-C;
DCFS TRUST;
CITIBANK (SOUTH DAKOTA), N.A.;
FORD MOTOR CREDIT COMPANY, D.B.A MAZDA
AMERICAN CREDIT;
MEENAN OIL CO. INC.;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE;
CLERK OF THE SUFFOLK COUNTY TRAFFIC AND
PARKING VIOLATIONS AGENCY;
ROMANELLI AND SON HOME HEATING;
and “JOHN DOE” and “MARY DOE,”
(Said names being fictitious, it being the intention of plaintiff
to designate any and all occupants, tenants, persons or
corporations, if any, having or claiming an interest in or lien
upon the premises being foreclosed herein.)
Defendants.
_________________________________________________
UPON the Summons, Complaint, and Notice of Pendency filed in this action on March
13, 2019, the Notice of Motion dated November 12, 2021, the affirmation of Sean P. Williams,
and the exhibits annexed thereto, the affidavit of merit and amount due by Steven Ross who is
Second Assistant Vice President of Specialized Loan Servicing LLC, duly sworn to on April 26,
2021, together with the exhibits attached thereto, and all prior papers filed in this action and prior
proceedings had herein; and
UPON proof that each of the defendants herein has been duly served with the Summons
and Complaint in this action and required notices; and
The court having held a mandatory settlement conference pursuant to CPLR §3408:
a. Settlement conferences were held on June 4, 2019, July 30, 2019 and September
24, 2019. Due to lack of attendance by the mortgagors, this office was instructed
to proceed with foreclosure on September 24, 2019; and
It appearing that Roger Schlegel, The Bank of New York Mellon FKA the Bank of New
York, as successor trustee on behalf of the certificateholders of the CWHEQ Inc., CWHEQ
Revolving Home Equity Loan Trust, Series 2006-C, DCFS Trust, Citibank (South Dakota),
N.A., Ford Motor Credit Company, D.B.A Mazda American Credit, Meenan Oil Co. Inc., New
York State Department of Taxation and Finance, Clerk of the Suffolk County Traffic and
Parking Violations Agency, Romanelli and Son Home Heating and “Mary Doe” (Refused Name)
time to answer the complaint has expired; and
It appearing to the satisfaction of this court that this action was brought to foreclose a
mortgage on real property located at 6 Fleets Pt Dr West Babylon, (Town of Babylon) NY
11704, in the County of Suffolk, State of New York [Section 224.00, Block 02.00, Lot 024.000
& 070.000; and
NOW, on motion by Davidson Fink LLP, attorney for Plaintiff, it is hereby
ORDERED that defendant(s) Roger Schlegel, The Bank of New York Mellon FKA the
Bank of New York, as successor trustee on behalf of the certificateholders of the CWHEQ Inc.,
CWHEQ Revolving Home Equity Loan Trust, Series 2006-C, DCFS Trust, Citibank (South
Dakota), N.A., Ford Motor Credit Company, D.B.A Mazda American Credit, Meenan Oil Co.
Inc., New York State Department of Taxation and Finance, Clerk of the Suffolk County Traffic
and Parking Violations Agency, Romanelli and Son Home Heating and “Mary Doe” (Refused
Name) are determined to be in default; and it is further
ORDERED that ___________________________________________ with an address of
______________________________________________________________________________
_____________________________________________________________________________,
is hereby appointed Referee, in accordance with RPAPL §1321, to compute the amount due to
Plaintiff and to examine whether the mortgaged property may be sold in parcels; and it is further
ORDERED that the Referee make his/her computation and report with all convenient
speed; and it is further
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321;
and it is further
ORDERED that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limited to 36.2 (c) (“Disqualifications from appointment”), and 36.2 (d) (“Limitations on
appointments based upon compensation”), and, if the Referee is disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the
Appointing Judge; and it is further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $350.00, and in the
discretion of the court, a fee of $_________ shall be paid to the Referee for the computation of
the amount due and upon the filing of his/her report and the Referee shall not request or accept
additional compensation for the computation unless it has been fixed by the court in accordance
with CPLR 8003(a); and it is further
ORDERED that the Referee is prohibited from accepting or retaining any funds for
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and it is further
ORDERED that ''MARY DOE'' (REFUSED NAME) be added as named defendants in
this action pursuant to RPAPL §1311 and that the caption be amended to add ''MARY DOE''
(REFUSED NAME) in place of the “John Doe” and “Mary Doe” defendants as party defendants
to this action; and it is further
ORDERED that the caption shall read as follows:
________________________________________________
MORGAN STANLEY MORTGAGE LOAN TRUST
2006-6AR, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-6AR, U.S. BANK
NATIONAL ASSOCIATION, AS TRUSTEE
SUCCESSOR IN INTEREST TO BANK OF
AMERICA, NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR BY MERGER TO LASALLE
BANK NATIONAL ASSOCIATION, AS TRUSTEE,
Plaintiff, Index No.: 604994/2019
-vs-
ROGER SCHLEGEL;
THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK, AS SUCCESSOR TRUSTEE
TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE
ON BEHALF OF THE CERTIFICATEHOLDERS OF
THE CWHEQ INC., CWHEQ REVOLVING HOME
EQUITY LOAN TRUST, SERIES 2006-C;
DCFS TRUST;
CITIBANK (SOUTH DAKOTA), N.A.;
FORD MOTOR CREDIT COMPANY, D.B.A MAZDA
AMERICAN CREDIT;
MEENAN OIL CO. INC.;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE;
CLERK OF THE SUFFOLK COUNTY TRAFFIC AND
PARKING VIOLATIONS AGENCY;
ROMANELLI AND SON HOME HEATING;
''MARY DOE'' (REFUSED NAME);
Defendants.
_________________________________________________
And it is further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all
parties and persons entitled to notice, including the Referee appointed herein.
This constitutes the decision and order of the court.
DATED: ______________________
ENTER:
____________________________________
J.S.C.