Motion-Secondary: U.S. Bank Trust National Association, Not In Its Individual Capacity, But Solely As Trustee Of The Truman 2021 Sc9 Title Trust v. Sherri Lynn Taliento A/K/A Sherri L. Taliento, John Burzo, Carol Iaciofoli, Santo Arroyo, Discover Bank

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                                At IAS Part ___ of the Supreme Court of the
                                                                 State of New York held in and for the County
                                                                 of Richmond, at the Courthouse thereof, at 26
                                                                 Central Avenue, Staten Island, NY 10301, on
                                                                 the _____ day of __________________,
                                                                 20___.

HON. __________________________________, J.S.C.
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U.S. BANK TRUST NATIONAL ASSOCIATION, NOT                                 Index No. 135514/2019
IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS
TRUSTEE OF THE TRUMAN 2021 SC9 TITLE TRUST,                                  JUDGMENT OF FORECLOSURE
                                                                                          AND SALE
                                                              Plaintiff
                               -against-                                  Mortgaged Premises
                                                                          209 Milton Avenue
SHERRI LYNN TALIENTO A/K/A SHERRI L. TA-                                  Staten Island, NY 10306
LIENTO; JOHN BURZO; CAROL IACIOFOLI; SANTO
ARROYO; DISCOVER BANK,                                                    Block: 4056
                                                                          Lot: 8
                                                          Defendants
                                                                          Mortgage Servicer: Nationstar Mortgage
                                                                          LLC
                                                                          Mortgage Servicer Phone #: 888-480-
                                                                          2432
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         ON the Summons, Verified Complaint and Notice of Pendency duly filed in the Richmond County

Clerk’s Office on October 1 ,2019 and Successive Notice of Pendency filed on December 23, 2022, and all

proceedings thereon; and on reading and filing the Notice of Motion dated November 7, 2023, Affirmation

of Regularity of Juliana Thibaut, Esq. dated November 7, 2023, with exhibits annexed thereto, showing that

all of the Defendants herein have been duly served within this State with a copy of the Summons in this

action, or have voluntarily appeared pro se or by their respective attorneys, or after due diligent efforts to

effectuate service having been unsuccessful and a determination made that such service upon certain

Defendants cannot be effected; and on proof of service upon and appearance, if any, by the Defendants

herein heretofore filed in this action; and stating that more than the legally required number of days have

elapsed since said Defendants were so served; and that all Defendants herein have defaulted in pleading by



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failing to serve an answer to said Complaint except Sherri Lynn Taliento A/K/A Sherri L. Taliento, nor has

their time to do so been extended; and

    ON the Order of Reference granted July 3, 2023 and entered in the Richmond County Clerk’s Office

on July 13, 2023, appointing Thomas A. Penett, Esq. as Referee in this action to ascertain and compute the

amount due Plaintiff for principal, interest and advances made pursuant to the Note and Mortgage, and to

examine the Plaintiff or its agent on oath as to allegations of the complaint, and to examine and report

whether the Mortgaged Premises should be sold in one or more parcels;

    AND on reading and filing the oath sworn to on October 17, 2023 and report of the aforesaid Referee

dated October 18, 2023, it appears that the sum of $432,391.85 was due the Plaintiff for principal, interest

and advances made pursuant to the Note and Mortgage, as of August 31, 2023, plus interest for every day

thereafter, on the date of said Report and that the Mortgaged Premises should be sold in one parcel;

    AND this Court having initiated and held status conferences in accordance with the provisions of

Administrative Order 157/20 prior to the issuance of this Order,

    NOW, on motion of Friedman Vartolo LLP, the attorneys for the Plaintiff, it is:

    ORDERED, that the instant motion is granted; and it is further

    ORDERED, ADJUDGED AND DECREED that the report of Thomas A. Penett, Esq. dated October

18, 2023 and filed in the Richmond County Clerk’s Office on November 6, 2023, be, and the same is hereby,

in all respects, ratified and confirmed; and it is further

    ORDERED, ADJUDGED AND DECREED that by accepting this appointment the Referee certifies

that they are in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including,

but not limited to, section 36.2(c) (“Disqualification from appointment”), and section 36.2(d) (“Limitations

on appointments based upon compensation”); and it is further




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      ORDERED, ADJUDGED AND DECREED that the Mortgaged Premises 209 Milton Avenue, Staten

Island, NY 10306; a description of said Mortgaged Premises is annexed hereto and made a part hereof as

Schedule A (hereinafter “Mortgaged Premises”) as further described in the complaint in this action, or such

part thereof as may be sufficient to discharge the mortgage debt under the Note and Mortgage, the expenses

of the sale and the costs of this action as provided by the Real Property Actions Proceeding Law be sold, in

one                 parcel,                at                     public            auction                 at

_____________________________________________________________________________

_____________________________________________________________________________ by and

under the direction of Thomas A. Penett, Esq., who is hereby appointed Referee for that purpose; that said

Referee give public notice of the time and place of such sale in accordance with the law, practice of this

Court and RPAPL §231 in ____________________________________ and that the Plaintiff or any other

party to this action may become the purchaser at such sale; that in case the Plaintiff or its assignee shall

become the purchaser at the said sale, they shall not be required to make any deposit thereon; that said

Referee execute to the purchaser or purchasers on such sale a deed of the premises sold; that in the event a

party other than the Plaintiff or its assignee becomes the purchaser or purchasers at such sale they shall be

required to tender a deposit of 10% of the purchase price in certified funds and the closing of title shall be

had thirty days after such sale unless otherwise stipulated by all parties to the sale and if such closing is

required, and the Referee seeks and is awarded additional fees for said closing, those fees shall be paid by

purchaser; and it is further

        ORDERED, ADJUDGED AND DECREED, that Plaintiff may assign its interests and rights

under the instant Judgment to a third party of its choosing by filing an Assignment of Cause of Action with

the County Clerk and providing a copy to the Referee appointed within the instant order; and it is further




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    ORDERED, ADJUDGED AND DECREED, that if the Referee does not conduct the sale within 90

days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL §1351(1) is

extended for the Referee to conduct the sale as soon as reasonably practicable; and it is further

        ORDERED, ADJUDGED AND DECREED, that said Referee on receiving the proceeds of the

sale, shall forthwith pay therefrom, in accordance with their priority according to law, the taxes, assessments,

sewer rents or water rates which are or may become liens on the premises at the time of sale with such

interest or penalties which may have lawfully accrued thereon to the date of payment; and it is further,

    ORDERED, ADJUDGED AND DECREED, that Plaintiff or any other party that may become the

purchaser or purchasers at such sale shall pay all transfer taxes and recording expenses, any and all

maintenance fees and assessments, taxes, water rates, and any fees associated with the transfer of title for

the Mortgaged Premises accrued from the sale date forward are the obligation of the purchaser, and that in

the event a party, other than Plaintiff, becomes the purchaser or purchasers at such sale, the closing of title

shall be had thirty days after such sale unless otherwise stipulated by all parties to the sale, including

Plaintiff and that failure of the purchaser(s) to close within thirty days may result in forfeiture of any deposit

tendered by purchaser(s), in lieu of closing, and that Plaintiff reserves the right to sell to the next highest

bidder at said sale; that any purchaser, other than Plaintiff, shall pay interest on the purchase price from the

date of sale to the date of delivery of the deed; that in case Plaintiff shall become the purchaser at the said

sale, it shall not be required to make any deposit thereon; and it is further

    ORDERED, ADJUDGED AND DECREED, that said Referee then deposit the balance of said

proceeds of sale in his/her own name as Referee in _____________________________, and shall thereafter

make the following payments and his/her checks drawn for that purpose shall be paid by said depository;

    FIRST: That statutory fees of the Referee pursuant to CPLR §8003(b) which shall not exceed the

sum of $750.00 unless the sale price (the amount of the accepted bid) exceeds $50,000.00 In the event the



                                               Firm File No. 231544-1
sale price exceeds fifty thousand dollars and additional compensation (including commissions) in excess of

$750.00 is sought pursuant to CPLR §8003(b) and if no surplus monies are produced by the sale, the parties

may present a stipulation, signed by the Referee and all parties appearing, agreeing to a stated sum, to be

so-ordered by the Court. Where surplus monies will be available following the distribution of sums as

provided herein, or where the parties are unable to agree to the Referee’s proper compensation under CPLR

§8003(b), application shall be made to this Court on notice to all parties known to be entitled to claim

against any surplus monies, including the defaulting owner of equity of redemption. Such application shall

be promptly submitted to the Court within five days of the transfer of deed and prior to filing the Report of

Sale. The five-day period for payment of surplus money into Court as set forth in RPAPL §1354(4), and the

thirty-day period set forth in RPAPL §1355 for the filing of the Report of Sale shall be deemed extended

pending the decision of the Court regarding such application.

    In the event the scheduled sale is cancelled or postponed, pursuant to CPLR §8003(a), Plaintiff shall

compensate the Referee the sum of $250.00 for each adjournment or cancellation unless the Referee has

requested the delay. Such compensation may be recouped from the proceeds of sale as a cost to Plaintiff.

This order shall constitute the necessary prior authorization for compensation as set forth herein.

    No compensation in excess of $750.00, including compensation authorized pursuant to CPLR §8003(a)

for computation of the sum due to Plaintiff, may be accepted by the Referee without Court approval and

compliance with the filing provision of Section 36.4 of the Rules of the Chief Judge.

       SECOND:         The expenses of sale and the advertising expenses as shown on the bills

presented and certified by said Referee to be correct, copies of which shall be annexed to the Report of Sale

and the NYC Transfer Tax, pursuant to 19 RCNY 23-03(d)(2), if applicable, payable within 30 days of

delivery of deed pursuant to 19 RCNY 23-08(a). The Referee shall not be held responsible for the payment

of penalties or fees pursuant to this appointment. Purchaser and any title company hired by the Purchaser



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shall be responsible for any penalties or fees incurred as a result of late payment of the tax as required

pursuant to City Administrative Code 19 RCNY 23-08(a) which requires payment within 30 days. The

Purchaser shall hold the Referee harmless from any such penalties as a result of late payment of these taxes.

        THIRD:         Pursuant to Real Property Actions and Proceedings Law 1354, in

accordance with their priority according to law, taxes, assessments, sewer rents, water rates and any charges

placed upon the property by a city agency which have priority over the foreclosed Mortgage, which are

liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued

thereon the date of payment.

       FOURTH:         Said Referee shall also pay to the Plaintiff or Plaintiff’s attorney, the sum of

$1,644.89 to be determined by the Clerk and adjudged to the Plaintiff for costs and disbursements in this

action or as taxed by the Clerk on the Costs of Plaintiff and inserted therein, with interest thereon from the

date hereof; and also the sum of $432,391.85, the said amount so reported due as aforesaid, together with

contractual interest thereon from August 31, 2023, the date interest was calculated to in said report to the

date of entry of this Order, and thereafter the statutory post-judgment date to the date of transfer of title, or

so much thereof as the purchase money of the Mortgaged Premises will pay of the same, together with

reasonable attorney’s fees in the sum of $1,275.00 as provided for in paragraph 22 in Exhibit D of the

CEMA-Mortgage, together with any advances as provided for in the Note and Mortgage which plaintiff has

made for taxes, insurance, principal and interest and any other charges due to prior mortgages or to maintain

the premises pending consummation of this foreclosure sale, not previously included in the computation,

upon presentation to the Referee of receipts for said expenditures, all together with interest thereon pursuant

to the Note and Mortgage as above provided. Copies of such receipts shall be annexed to the Referee’s

Report of Sale pursuant to RPAPL §1355; and it is further




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        ORDERED, ADJUDGED AND DECREED that in case the Plaintiff or Plaintiff’s assignee be

purchaser of said Mortgaged Premises at said sale, or in the event that the rights of the purchaser at said

sale and the terms of sale under the judgment shall be assigned to and be acquired by the Plaintiff or

Plaintiff’s assignee, and a valid assignment thereof filed with said Referee, said Referee shall not require

the Plaintiff or its assignee to pay in cash the entire amount bid at said sale, but shall execute and deliver to

the Plaintiff or its assignee, a deed or deeds of the premises sold upon the payment to said Referee of the

amount specified above in items marked “FIRST,” “SECOND” and “THIRD,” if such expenses were paid

by the Referee, or in lieu of the payment of said last mentioned amounts, upon filing with said Referee

receipts of the proper municipal authorities showing payment thereof. The balance of the amount of the bid,

after deducting the aforesaid amounts paid to the Referee for compensation and expenses, taxes,

assessments, sewer rents and water rents, and priority liens of a city agency, shall be allowed to the plaintiff

and applied by said Referee upon the amounts due to the plaintiff specified in item marked “FOURTH.” If

upon so applying the balance of the amount bid, there shall be a surplus over and above the said amounts

due to the Plaintiff or its assignee, the Plaintiff or its assignee shall pay to said Referee, upon delivery to

Plaintiff or its assignee of said Referee’s deed, the amount of the surplus [which will 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 property, pursuant to RPAPL §1354(3),

which payments 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

    ORDERED, ADJUDGED AND DECREED that said Referee shall take the receipt of the Plaintiff’s

or the attorneys for the Plaintiff for the amounts paid as directed in item “FOURTH,” and file it with his/her



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Report of Sale; that he/she deposit surplus monies, if any, with the Richmond County Clerk within five

days after the same shall be received unless such period is deemed to be extended by the filing of an

application for additional compensation as set forth herein, to the credit of this action, to be withdrawn only

on Order of this Court, signed by a Justice of the Court; that said Referee shall make his/her report of such

sale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of the

persons to whom payments were made, and shall file it with the Richmond County Clerk within thirty days

after completing the sale and executing the proper conveyance to the purchaser or within thirty days of the

decision of the court with respect to any application for additional compensation; and it is further

        ORDERED, ADJUDGED AND DECREED that if the proceeds of such sale be insufficient to pay

the amount reported due to the Plaintiff or its assignee with interest and costs as aforesaid, the Plaintiff or

its assignee shall recover from the Defendant, Sherri Lynn Taliento A/K/A Sherri L. Taliento, the whole

deficiency or so much thereof the Court may determine to be just and equitable of the residue of the

mortgage debt remaining unsatisfied after the sale of the Mortgaged Premises and the application of the

proceeds thereof, provided a motion for a deficiency judgment shall be made within 90 days of the delivery

of the deed by the Referee, and the amount thereof is determined and awarded by an order of this Court as

provided for in said action ; and it is further

    ORDERED, ADJUDGED AND DECREED, that the purchasers at such sale be let into possession

upon service of the Referee’s deed or deeds; and it is further

        ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants in this action and

all persons claiming under them, or any of either of them, after the filing of such notice of pendency of this

action, be and they are hereby forever barred and foreclosed of all right, claim, lien, title, interest and equity

of redemption in said Mortgaged Premises and each and every part thereof; and it is further




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        ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one parcel in “as

is” physical order and condition, subject to any state of facts that an inspection of the premises would

disclose; any state of facts that an accurate survey of the premises would show, and covenants, restrictions,

declarations, reservations, easements, rights of way and public utility agreement of record, if any; any

building and zoning ordinances of the municipality in which the Mortgaged Premises is located and possible

violations of same; any rights of tenants or persons in possession of the subject premises; prior lien(s) of

record, if any, except those liens addressed in §1354 of the Real Property Actions and Proceeding Law; any

equity of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from

date of sale; any right pursuant to CPLR 317, 2003 and 5015 or any appeal of the underlying action or

additional litigation brought by any defendant or its successor or assignee contesting the validity of this

foreclosure; and it is further

        ORDERED, that in the absence of the Referee, the Court may designate a Substitute Referee

forthwith; and it is further

        ORDERED, that the Referee appointed herein is subject to the requirements of 36.2(c) of the Chief

Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provisions of that

Rule, the Referee shall notify the Appointing Judge forthwith; and it is further

        ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the designated

Referee, the owner of the equity of redemption, as of the date of this Order, any tenants named in this action

and any other party entitled to notice within twenty days of entry and no less than thirty (30) days prior to

sale; and it is further

        ORDERED, that a certified copy of this Judgment be indexed against land records.


Dated: _________________                              _________________________________________
                                                      HON.                               , J.S.C.



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SCHEDULE A—LEGAL DESCRIPTION




        Firm File No. 231544-1