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INDEX NO. 001182/2020
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023
AtIAS Term of the Supreme Court of
the State of New York, held in and for the County
of ONONDAGA at the Courthouse thereof,
401 Montgomery Street, Syracuse, NY 13202, on
the 14th dayof June »
2023.
PRESENT
Honorable Robert E. Antonacci IT
IS.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
wanne ne Index No.: 001182/2020
LAKEVIEW LOAN SERVICING, LLC,
JUDGMENT OF
Plaintiff(s), FORECLOSURE AND SALE
Vv. Premises:
427 SALT SPRINGS ROAD
SHANNON HOWARD; SECRETARY OF HOUSING SYRACUSE, NY 13224
AND URBAN DEVELOPMENT; COMMISSIONER
OF THE ONONDAGA COUNTY DEPARTMENT Section 037, Block 11, Lot 24
OF SOCIAL SERVICES; CARL ANTHONY
MILLSAP, SHALANDA GRAHAM, Servicer: LoanCare, LLC
Servicer Telephone: (800) 909-
"JOHN DOE #2" through "JOHN DOE #12," the last 9525
eleven names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises
described in the complaint
Defendant(s).
wanne ne
Plaintiff having moved this Court for a Judgment of Foreclosure and Sale,
NOW, upon plaintiff's Dex parte application or Mmotion heard on June 14, 2023 at which
time Dplaintiff / defendant appeared, Wor no appearances were required, and upon all prior
proceedings herein, and a settlement/status conference having been held on
AU TIE
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__ Aprilmao:
18, 2022
ohee and (if requested pursuant to AO/157/20) a second
settlement/status conference having been held on ee , and upon
1) the Summons and Complaint filed on January 31, 2020;
2) the Notice of Pendency filed on January 31, 2020 and the subsequent Notice of
Pendency filed on April 20, 2022;
3) the Affirmation of Matthew Rothstein, Esq., affirmed on April 28, 2023, with Exhibits
A -S annexed;
4) the Affidavit of Linda Brown, dated May 27, 2022, with Exhibits A - H annexed;
5) the Report of the Referee, Anthony L. Germano, Esq., dated August 01, 2022, by
which Report it appears that the sum of $94,673.76 was due as of June 01, 2022, and the
mortgaged premises should be sold in Xone parcel or 0. 3
6) proof of service upon all parties entitled to notice of this application for a Judgment of
Foreclosure and Sale:
Ratification of Referee’s Report
ORDERED, ADJUDGED and DECREED that to the extent provided for herein the
Report of Referee Anthony L. Germano, Esq., dated August 01, 2022 be and the same hereby is
ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED, that Plaintiff's motion is hereby granted
in its entirety; and it is further
ORDERED, ADJUDGED AND DECREED, that said Referee's report be, and the same
is in all respects ratified and confirmed; and it is further
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ORDERED, ADJUDGED AND DECREED, that pursuant to CPLR § 3215, Plaintiff is
hereby granted a Default Judgment for the relief demanded in the Complaint against those
Defendants who were served and have not appeared or answered; and it is further
ORDERED, ADJUDGED AND DECREED, that defendants captioned as “John Doe
#2” through “John Doe #12”, not having been served with copies of the Summons and
Complaint, are neither a necessary nor property party defendants and their names are hereby
stricken from the caption of this action; and it is further
ORDERED, that the caption shall read as follows:
wa ne ne
LAKEVIEW LOAN SERVICING, LLC,
Plaintiff,
v
SHANNON HOWARD; SECRETARY OF
HOUSING AND URBAN DEVELOPMENT;
COMMISSIONER OF THE ONONDAGA COUNTY
DEPARTMENT OF SOCIAL SERVICES; CARL
ANTHONY MILLSAP, SHALANDA GRAHAM,
Defendant(s).
wane nnn nee nn ee
; and it is further
Sale Instructions
ORDERED, ADJUDGED and DECREED that the above-described mortgaged
premises, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses
of the sale, and the costs of this action as provided by the Real Property Actions and Proceedings
Law, be sold in Bone parcel or O at
public auction on the Second Floor of the Onondaga County Courthouse, 401 Montgomery
Street, Syracuse, New York in the public meeting area located outside the main entrance of the
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Onondaga County Clerk’s Office by and under the direction of the Referee who is appointed
herein for that purpose. The Referee shall coordinate with the Supreme Court Clerk’s Office at
ononsupremecivil @nycourts.gov to set the date of sale, and shall give public notice of the time
and place of sale in accordance with RPAPL §231 in the Syracuse Post-Standard, and in
accordance with the Fifth Judicial District Foreclosure Sale Covid-19 Protocol, attached hereto,
including that a Covid-19 Notice shall be included in the advertisement published in the local
newspaper stating that all Covid-19 Safety Protocols will be followed and enforced by the
Referee at the foreclosure sale; and
[The Court Will Initial the Applicable Provision Below]
C the Referee shall conduct the foreclosure sale as soon as reasonably possible, but in no
event prior to »20__;
Octobereee
{ the Referee shall conduct the foreclosure sale on or before —_—_ 20, 2023
and it is further
Initial Bid Instructions
ORDERED, ADJUDGED and DECREED that the Referee shall accept at such sale the
highest bid offered by a bidder who shall be identified upon the court record and shall require
that such successful bidder immediately execute Terms of Sale for the purchase of the premises
and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid,
unless the successful bidder is the plaintiff in which case no deposit against the purchase price
shall be required; and it is further
Subsequent Bid Instructions
ORDERED, ADJUDGED and DECREED that in the event the first successful bidder
fails to execute the Terms of Sale immediately following the bidding upon the subject premises
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or fails to immediately pay the ten percent (10%) deposit as required, the premises shall
immediately and on the same day be reoffered at auction; and it is further
Closing of Title
ORDERED, ADJUDGED and DECREED that the closing of title shall take place at
the office of the Referee or at such other location as the Referee shall determine and the closing
of title and filing of the Referee’s deed shall be made within forty-five (45) days after such sale
unless otherwise 4 stipulated to by all parties. The Referee shall transfer title only to the
successful bidder at the auction. Any delay or adjournment of the closing date beyond forty-five
(45) days may be stipulated to by the parties with the Referee’s consent up to ninety (90) days
from the date of sale. Any adjournment beyond ninety (90) days may be set only with approval
of this Court; and it is further
Deposit of Funds
ORDERED, ADJUDGED and DECREED that the Referee shall deposit all funds
received pursuant to this Judgement of Foreclosure and Sale in the Referee’s IOLA account; and
it is further
Payments from Funds
ORDERED, ADJUDGED and DECREED that the Referee on receiving the proceeds
of such sale shall cause to be paid promptly therefrom:
FIRST: The statutory fees and commissions of the Referee pursuant to CPLR §8003(b) in the
amount of $750.00. In the event a scheduled sale is cancelled or postponed by a person or entity
other than the Referee, or the action is discontinued, pursuant to CPLR §8003(a) the plaintiff
shall pay to the Referee the sum of $350.00 for each adjournment or cancellation, and for any
discontinuance. Such compensation may be recouped from the proceeds of sale as a cost to
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plaintiff. This Judgement of Foreclosure and Sale constitutes the necessary prior authorization
for compensation as set forth herein. No compensation totaling in excess of $1,100.00, 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 provisions of
22 NYCRR §36.4.
SECOND: The reasonable expenses of the sale, including the cost of advertising as shown on
the bills presented and certified by the Referee to be correct, copies of which shall be annexed to
the Report of Sale. The Referee shall not be held responsible for the payment of penalties or fees
5 pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such
penalties or fees assessed.
THIRD: Pursuant to RPAPL §1354 in accordance with their priority according to law, all taxes,
assessments, sewer rents, water rates and any other charges placed upon the premises by any
municipal authorities having priority over the foreclosed mortgage and which are liens on the
premises at the time of sale, with such interest or penalties that lawfully may have accrued
thereon to the date of payment.
FOURTH: as limited herein, to the plaintiff or its attorneys
(a) [to be inserted by the Clerk] the sum $2202.33
of $. EE for costs and
disbursements in this action to be taxed by the Clerk, with interest from the date hereof;
(b) the sum of $94,673.76, the amount reported by the Referee and/or approved by the Court
as due, together with interest thereon pursuant to the terms of the Note from June 01,
2019, the date to which interest was calculated in the Report of the Referee through the
date of entry of this Judgment of Foreclosure and Sale, and thereafter at the statutory
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post-judgment rate to the date of transfer of title, or so much thereof as the purchase
money of the mortgaged premises will pay of the same;
(c) [to be inserted by the Court] the sum of $. _ 1,045.00 hereby awarded to
the plaintiff as reasonable legal fees as provided for in the Mortgage;
(d) the amount of any advances provided for in the Note and Mortgage that plaintiff may
have made for taxes and insurance, and amounts due to prior mortgagors, upon
presentation to the Referee of receipts for these expenditures;
(e) the amount of any advances provided for in the Note and Mortgage that plaintiff
reasonably may have made to maintain the premises pending consummation of the
foreclosure sale upon presentation to the Referee of receipts for these expenditures.
Notwithstanding sub-paragraphs FOURTH(b) and FOURTH(e) above, plaintiff may recover
interest for only ninety (90) days after the date of this Judgment of Foreclosure and Sale, and
plaintiff may recover up to a maximum of only $250.00 for any maintenance or premise
preservation expenses after the date of this Judgment of Foreclosure; and it is further
Report of Sale
ORDERED, ADJUDGED and DECREED that the Referee shall timely file the
Referee’s Report of Sale and plaintiff shall timely move to confirm the Referee’s Report of Sale
pursuant to RPAPL §1355; and it is further
Plaintiff as Purchaser
ORDERED, ADJUDGED and DECREED that in the event plaintiff purchases the
mortgaged premises at the sale, the Referee shall not require the plaintiff to pay in cash the entire
amount bid at the sale but shall execute and deliver to the plaintiff a deed of the premises sold
upon payment to the Referee of the sum awarded under the above provisions marked “FIRST,”
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“SECOND,” and “THIRD,” if such expenses were paid by the Referee, or in lieu of the payment
of the last mentioned amounts, upon filing with the Referee receipts of the proper municipal
authorities showing payment thereof. The balance of the amount bid, after deducting therefrom
the aforementioned payments to the Referee shall be allowed to the plaintiff and applied by the
Referee upon the amounts due to the plaintiff as specified in item marked “FOURTH.” If upon
applying the balance of the amount bid, there is a surplus over and above the amounts due to
plaintiff, then upon delivery to plaintiff of the Referee’s deed, plaintiff shall pay to the Referee
the amount of such surplus, which amount shall be applied by the Referee, upon motion made
pursuant to RPAPL §1351(3), and proof satisfactory to the Referee of the sums due thereon, to
any subordinate mortgage duly recorded against the premises pursuant to RPAPL §1354(3),
which payment shall be reported in the Referee’s Report of Sale. Any surplus remaining after all
7 payments as herein provided shall be deposited into Court in accordance with RPAPL
§1354(4) and the Referee shall immediately give notice of such surplus to the owner of the
mortgaged premises as identified by plaintiff at the time of the sale; and it is further
Surplus Monies
ORDERED, ADJUDGED and DECREED that the Referee shall take and file with the
Referee’s Report of Sale plaintiff's receipt(s) for the amounts paid as directed in item marked
“FOURTH,” and the Referee shall deposit the surplus monies, if any, with the Onondaga County
Department of Finance, to the credit of this action, within five (5) days after receipt unless such
period is deemed extended by the filing of an application for additional compensation, to be
withdrawn only upon order of this Court; and the Referee shall make the Referee’s Report of
Sale under oath showing the disposition of the proceeds of the sale accompanied by the vouchers
of the person(s) to whom payment was made and file it in the Onondaga County Clerk’s Office
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within thirty (30) days after completing the sale and executing the proper conveyance to the
purchaser or within thirty (30) days of a decision of this Court with respect to any application for
additional compensation; and it is further
Foreclosure Action Surplus Monies Form
ORDERED, ADJUDGED and DECREED that the Referee shall complete the
Foreclosure Action Surplus Monies Form and file it in the Onondaga County Clerk’s Office and
deliver a copy to the Court within thirty (30) days of the foreclosure sale; and it is further
Deficiency Judgment Application
ORDERED, ADJUDGED and DECREED that if the proceeds of the sale are
insufficient to pay the amount reported by the Referee as due to plaintiff, the plaintiff may apply
to the Court to recover the whole or such part of the deficiency as prescribed by RPAPL §1371;
and it is further
Possession
ORDERED, ADJUDGED and DECREED that the purchaser(s) at the foreclosure sale
be let into possession of the premises on production of the Referee’s deed; and it is further
Claims Barred
ORDERED, ADJUDGED and DECREED that the defendant(s) in this action, and all
persons claiming under any of them after the filing of the Notice of Pendency of this action, be
and hereby forever are barred and foreclosed of all right, claim, lien, title, interest and equity of
redemption in the mortgaged premises and each and every part thereof; and it is further
Conditions of Sale
ORDERED, ADJUDGED and DECREED that the premises be sold in “as is” physical
order and condition on the day of sale, subject to any state of facts that an inspection of the
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premises would disclose, any state of facts that an accurate survey of the premises would show,
any covenants, restrictions, declarations, reservations, easements, right of way and public utility
agreements of record, any building and zoning ordinances of the municipality in which the
mortgaged premises are located and possible violations of same, any rights of tenants or persons
in possession of the subject premises, prior liens of record, if any, except those liens addressed in
RPAPL §1354, and any equity of redemption of the United States of America to redeem the
premises within one hundred twenty (120) days from the date of sale. Risk of loss shall not pass
to purchaser until closing of title; and it is further
Referee Qualification
ORDERED, ADJUDGED and DECREED that by accepting this appointment, the
Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge
including but not limited to 22 NYCRR §36.2(c) (“Disqualifications from appointment) and 22
NYCRR §36.2(d) (“Limitations on appointments based upon compensation”); and it is further
Service of Judgment of Foreclosure and Sale
ORDERED, ADJUDGED and DECREED that a copy of this Judgment of Foreclosure
and Sale with notice of entry shall be served within twenty (20) days of entry and no less than
thirty (30) days prior to sale upon the designated Referee, the owner of the equity of redemption
as of the date of this Judgment of Foreclosure and Sale, any tenants named in this action, and any
other party entitled to notice; and it is further
Service of Notice of Sale
ORDERED, ADJUDGED and DECREED that plaintiff shall serve a copy of the
Notice of Sale upon the owner of equity of redemption at the owner of equity of redemption’s
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last known address and at the property address, and an affidavit of such service shall be filed at
least ten (10) days prior to the scheduled sale; and it is further
Transfer of Interest During Pendency
ORDERED, ADJUDGED and DECREED that during the pendency of this action if
any interest in the Note and/or Mortgage that is the subject of this action has been or is
transferred, the person or entity to whom the interest has been or is transferred shall apply to the
Court within thirty (30) days of the transfer to be substituted or joined in this action pursuant to
CPLR §1018.
ENTER
Dated: June 15, 2023
fp 6 OleED Z-
Hon. Robert E. Antonacci II, J.S.C.
Use dect
Lisa Dell
Onondaga County Clerk
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(FILED: ONONDAGA COUNTY CLERK 06/16/2023 12:17 PM INDEX NO. 001182/2020
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023
ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF SYRACUSE,
ONONDAGA COUNTY, NEW YORK BEING LOTS NOS. 32 AND 33 OF BLOCK NO, 15 OF THE
FAIRVIEW TRACT, ACCORDING TO A MAP OF SAID TRACT MADE BY GB. HIGGINS, CE.
AND FILED IN THE ONONDAGA COUNTY CLERK’S OFFICE MAY 1, 1891, EXCEPTING AND
RESERVING THEREFROM THE NORTHERLY 1) FEET THEREOF; SAID PREMISES BEING
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER.
OF SAID LOT NO. 32, AND RUNNING THENCE NORTHERLY ALONG THE WESTERLY LINE
OF BEATTIE STREET, 104.67 FEET; THENCE WESTERLY AT RIGHT ANGLES TO BEATTIE
STREET, 66 FEET, THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF
BEATTIE STREET 114.5 FERT TO THE NORTHERLY LINE OF SALT SPRINGS ROAD; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SALT SPRINGS ROAD TO THE PLACE OF
BEGINNING,
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NYSCEF DOC. NO. 71 RECEIVED NYSCEF 06/16/2023
Index No.: 001 182/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
LAKEVIEW LOAN SERVICING, LLC,
Plaintiff(s),
Vv.
SHANNON HOWARD; SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
COMMISSIONER OF THE ONONDAGA COUNTY DEPARTMENT OF SOCIAL
SERVICES; CARL ANTHONY MILLSAP, SHALANDA GRAHAM,
"JOHN DOE #2" through "JOHN DOE #12," the last eleven names being fictitious and
unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon the premises described in
the complaint
Defendant(s).
ORDER CONFIRMING REFEREE REPORT AND
JUDGMENT OF FORECLOSURE AND SALE
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
20-004908 - DaR
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Preview
INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 AtIAS Term of the Supreme Court of the State of New York, held in and for the County of ONONDAGA at the Courthouse thereof, 401 Montgomery Street, Syracuse, NY 13202, on the 14th dayof June » 2023. PRESENT Honorable Robert E. Antonacci IT IS.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA wanne ne Index No.: 001182/2020 LAKEVIEW LOAN SERVICING, LLC, JUDGMENT OF Plaintiff(s), FORECLOSURE AND SALE Vv. Premises: 427 SALT SPRINGS ROAD SHANNON HOWARD; SECRETARY OF HOUSING SYRACUSE, NY 13224 AND URBAN DEVELOPMENT; COMMISSIONER OF THE ONONDAGA COUNTY DEPARTMENT Section 037, Block 11, Lot 24 OF SOCIAL SERVICES; CARL ANTHONY MILLSAP, SHALANDA GRAHAM, Servicer: LoanCare, LLC Servicer Telephone: (800) 909- "JOHN DOE #2" through "JOHN DOE #12," the last 9525 eleven names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint Defendant(s). wanne ne Plaintiff having moved this Court for a Judgment of Foreclosure and Sale, NOW, upon plaintiff's Dex parte application or Mmotion heard on June 14, 2023 at which time Dplaintiff / defendant appeared, Wor no appearances were required, and upon all prior proceedings herein, and a settlement/status conference having been held on AU TIE 1 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 __ Aprilmao: 18, 2022 ohee and (if requested pursuant to AO/157/20) a second settlement/status conference having been held on ee , and upon 1) the Summons and Complaint filed on January 31, 2020; 2) the Notice of Pendency filed on January 31, 2020 and the subsequent Notice of Pendency filed on April 20, 2022; 3) the Affirmation of Matthew Rothstein, Esq., affirmed on April 28, 2023, with Exhibits A -S annexed; 4) the Affidavit of Linda Brown, dated May 27, 2022, with Exhibits A - H annexed; 5) the Report of the Referee, Anthony L. Germano, Esq., dated August 01, 2022, by which Report it appears that the sum of $94,673.76 was due as of June 01, 2022, and the mortgaged premises should be sold in Xone parcel or 0. 3 6) proof of service upon all parties entitled to notice of this application for a Judgment of Foreclosure and Sale: Ratification of Referee’s Report ORDERED, ADJUDGED and DECREED that to the extent provided for herein the Report of Referee Anthony L. Germano, Esq., dated August 01, 2022 be and the same hereby is ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that Plaintiff's motion is hereby granted in its entirety; and it is further ORDERED, ADJUDGED AND DECREED, that said Referee's report be, and the same is in all respects ratified and confirmed; and it is further 2 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 ORDERED, ADJUDGED AND DECREED, that pursuant to CPLR § 3215, Plaintiff is hereby granted a Default Judgment for the relief demanded in the Complaint against those Defendants who were served and have not appeared or answered; and it is further ORDERED, ADJUDGED AND DECREED, that defendants captioned as “John Doe #2” through “John Doe #12”, not having been served with copies of the Summons and Complaint, are neither a necessary nor property party defendants and their names are hereby stricken from the caption of this action; and it is further ORDERED, that the caption shall read as follows: wa ne ne LAKEVIEW LOAN SERVICING, LLC, Plaintiff, v SHANNON HOWARD; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; COMMISSIONER OF THE ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES; CARL ANTHONY MILLSAP, SHALANDA GRAHAM, Defendant(s). wane nnn nee nn ee ; and it is further Sale Instructions ORDERED, ADJUDGED and DECREED that the above-described mortgaged premises, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by the Real Property Actions and Proceedings Law, be sold in Bone parcel or O at public auction on the Second Floor of the Onondaga County Courthouse, 401 Montgomery Street, Syracuse, New York in the public meeting area located outside the main entrance of the 3 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 Onondaga County Clerk’s Office by and under the direction of the Referee who is appointed herein for that purpose. The Referee shall coordinate with the Supreme Court Clerk’s Office at ononsupremecivil @nycourts.gov to set the date of sale, and shall give public notice of the time and place of sale in accordance with RPAPL §231 in the Syracuse Post-Standard, and in accordance with the Fifth Judicial District Foreclosure Sale Covid-19 Protocol, attached hereto, including that a Covid-19 Notice shall be included in the advertisement published in the local newspaper stating that all Covid-19 Safety Protocols will be followed and enforced by the Referee at the foreclosure sale; and [The Court Will Initial the Applicable Provision Below] C the Referee shall conduct the foreclosure sale as soon as reasonably possible, but in no event prior to »20__; Octobereee { the Referee shall conduct the foreclosure sale on or before —_—_ 20, 2023 and it is further Initial Bid Instructions ORDERED, ADJUDGED and DECREED that the Referee shall accept at such sale the highest bid offered by a bidder who shall be identified upon the court record and shall require that such successful bidder immediately execute Terms of Sale for the purchase of the premises and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is the plaintiff in which case no deposit against the purchase price shall be required; and it is further Subsequent Bid Instructions ORDERED, ADJUDGED and DECREED that in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject premises 4 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 or fails to immediately pay the ten percent (10%) deposit as required, the premises shall immediately and on the same day be reoffered at auction; and it is further Closing of Title ORDERED, ADJUDGED and DECREED that the closing of title shall take place at the office of the Referee or at such other location as the Referee shall determine and the closing of title and filing of the Referee’s deed shall be made within forty-five (45) days after such sale unless otherwise 4 stipulated to by all parties. The Referee shall transfer title only to the successful bidder at the auction. Any delay or adjournment of the closing date beyond forty-five (45) days may be stipulated to by the parties with the Referee’s consent up to ninety (90) days from the date of sale. Any adjournment beyond ninety (90) days may be set only with approval of this Court; and it is further Deposit of Funds ORDERED, ADJUDGED and DECREED that the Referee shall deposit all funds received pursuant to this Judgement of Foreclosure and Sale in the Referee’s IOLA account; and it is further Payments from Funds ORDERED, ADJUDGED and DECREED that the Referee on receiving the proceeds of such sale shall cause to be paid promptly therefrom: FIRST: The statutory fees and commissions of the Referee pursuant to CPLR §8003(b) in the amount of $750.00. In the event a scheduled sale is cancelled or postponed by a person or entity other than the Referee, or the action is discontinued, pursuant to CPLR §8003(a) the plaintiff shall pay to the Referee the sum of $350.00 for each adjournment or cancellation, and for any discontinuance. Such compensation may be recouped from the proceeds of sale as a cost to 5 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 plaintiff. This Judgement of Foreclosure and Sale constitutes the necessary prior authorization for compensation as set forth herein. No compensation totaling in excess of $1,100.00, 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 provisions of 22 NYCRR §36.4. SECOND: The reasonable expenses of the sale, including the cost of advertising as shown on the bills presented and certified by the Referee to be correct, copies of which shall be annexed to the Report of Sale. The Referee shall not be held responsible for the payment of penalties or fees 5 pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed. THIRD: Pursuant to RPAPL §1354 in accordance with their priority according to law, all taxes, assessments, sewer rents, water rates and any other charges placed upon the premises by any municipal authorities having priority over the foreclosed mortgage and which are liens on the premises at the time of sale, with such interest or penalties that lawfully may have accrued thereon to the date of payment. FOURTH: as limited herein, to the plaintiff or its attorneys (a) [to be inserted by the Clerk] the sum $2202.33 of $. EE for costs and disbursements in this action to be taxed by the Clerk, with interest from the date hereof; (b) the sum of $94,673.76, the amount reported by the Referee and/or approved by the Court as due, together with interest thereon pursuant to the terms of the Note from June 01, 2019, the date to which interest was calculated in the Report of the Referee through the date of entry of this Judgment of Foreclosure and Sale, and thereafter at the statutory 6 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 post-judgment rate to the date of transfer of title, or so much thereof as the purchase money of the mortgaged premises will pay of the same; (c) [to be inserted by the Court] the sum of $. _ 1,045.00 hereby awarded to the plaintiff as reasonable legal fees as provided for in the Mortgage; (d) the amount of any advances provided for in the Note and Mortgage that plaintiff may have made for taxes and insurance, and amounts due to prior mortgagors, upon presentation to the Referee of receipts for these expenditures; (e) the amount of any advances provided for in the Note and Mortgage that plaintiff reasonably may have made to maintain the premises pending consummation of the foreclosure sale upon presentation to the Referee of receipts for these expenditures. Notwithstanding sub-paragraphs FOURTH(b) and FOURTH(e) above, plaintiff may recover interest for only ninety (90) days after the date of this Judgment of Foreclosure and Sale, and plaintiff may recover up to a maximum of only $250.00 for any maintenance or premise preservation expenses after the date of this Judgment of Foreclosure; and it is further Report of Sale ORDERED, ADJUDGED and DECREED that the Referee shall timely file the Referee’s Report of Sale and plaintiff shall timely move to confirm the Referee’s Report of Sale pursuant to RPAPL §1355; and it is further Plaintiff as Purchaser ORDERED, ADJUDGED and DECREED that in the event plaintiff purchases the mortgaged premises at the sale, the Referee shall not require the plaintiff to pay in cash the entire amount bid at the sale but shall execute and deliver to the plaintiff a deed of the premises sold upon payment to the Referee of the sum awarded under the above provisions marked “FIRST,” 7 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 “SECOND,” and “THIRD,” if such expenses were paid by the Referee, or in lieu of the payment of the last mentioned amounts, upon filing with the Referee receipts of the proper municipal authorities showing payment thereof. The balance of the amount bid, after deducting therefrom the aforementioned payments to the Referee shall be allowed to the plaintiff and applied by the Referee upon the amounts due to the plaintiff as specified in item marked “FOURTH.” If upon applying the balance of the amount bid, there is a surplus over and above the amounts due to plaintiff, then upon delivery to plaintiff of the Referee’s deed, plaintiff shall pay to the Referee the amount of such surplus, which amount shall be applied by the Referee, upon motion made pursuant to RPAPL §1351(3), and proof satisfactory to the Referee of the sums due thereon, to any subordinate mortgage duly recorded against the premises pursuant to RPAPL §1354(3), which payment shall be reported in the Referee’s Report of Sale. Any surplus remaining after all 7 payments as herein provided shall be deposited into Court in accordance with RPAPL §1354(4) and the Referee shall immediately give notice of such surplus to the owner of the mortgaged premises as identified by plaintiff at the time of the sale; and it is further Surplus Monies ORDERED, ADJUDGED and DECREED that the Referee shall take and file with the Referee’s Report of Sale plaintiff's receipt(s) for the amounts paid as directed in item marked “FOURTH,” and the Referee shall deposit the surplus monies, if any, with the Onondaga County Department of Finance, to the credit of this action, within five (5) days after receipt unless such period is deemed extended by the filing of an application for additional compensation, to be withdrawn only upon order of this Court; and the Referee shall make the Referee’s Report of Sale under oath showing the disposition of the proceeds of the sale accompanied by the vouchers of the person(s) to whom payment was made and file it in the Onondaga County Clerk’s Office 8 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 within thirty (30) days after completing the sale and executing the proper conveyance to the purchaser or within thirty (30) days of a decision of this Court with respect to any application for additional compensation; and it is further Foreclosure Action Surplus Monies Form ORDERED, ADJUDGED and DECREED that the Referee shall complete the Foreclosure Action Surplus Monies Form and file it in the Onondaga County Clerk’s Office and deliver a copy to the Court within thirty (30) days of the foreclosure sale; and it is further Deficiency Judgment Application ORDERED, ADJUDGED and DECREED that if the proceeds of the sale are insufficient to pay the amount reported by the Referee as due to plaintiff, the plaintiff may apply to the Court to recover the whole or such part of the deficiency as prescribed by RPAPL §1371; and it is further Possession ORDERED, ADJUDGED and DECREED that the purchaser(s) at the foreclosure sale be let into possession of the premises on production of the Referee’s deed; and it is further Claims Barred ORDERED, ADJUDGED and DECREED that the defendant(s) in this action, and all persons claiming under any of them after the filing of the Notice of Pendency of this action, be and hereby forever are barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the mortgaged premises and each and every part thereof; and it is further Conditions of Sale ORDERED, ADJUDGED and DECREED that the premises be sold in “as is” physical order and condition on the day of sale, subject to any state of facts that an inspection of the 9 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 premises would disclose, any state of facts that an accurate survey of the premises would show, any covenants, restrictions, declarations, reservations, easements, right of way and public utility agreements of record, any building and zoning ordinances of the municipality in which the mortgaged premises are located and possible violations of same, any rights of tenants or persons in possession of the subject premises, prior liens of record, if any, except those liens addressed in RPAPL §1354, and any equity of redemption of the United States of America to redeem the premises within one hundred twenty (120) days from the date of sale. Risk of loss shall not pass to purchaser until closing of title; and it is further Referee Qualification ORDERED, ADJUDGED and DECREED that by accepting this appointment, the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge including but not limited to 22 NYCRR §36.2(c) (“Disqualifications from appointment) and 22 NYCRR §36.2(d) (“Limitations on appointments based upon compensation”); and it is further Service of Judgment of Foreclosure and Sale ORDERED, ADJUDGED and DECREED that a copy of this Judgment of Foreclosure and Sale with notice of entry shall be served within twenty (20) days of entry and no less than thirty (30) days prior to sale upon the designated Referee, the owner of the equity of redemption as of the date of this Judgment of Foreclosure and Sale, any tenants named in this action, and any other party entitled to notice; and it is further Service of Notice of Sale ORDERED, ADJUDGED and DECREED that plaintiff shall serve a copy of the Notice of Sale upon the owner of equity of redemption at the owner of equity of redemption’s 10 of 13 INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 last known address and at the property address, and an affidavit of such service shall be filed at least ten (10) days prior to the scheduled sale; and it is further Transfer of Interest During Pendency ORDERED, ADJUDGED and DECREED that during the pendency of this action if any interest in the Note and/or Mortgage that is the subject of this action has been or is transferred, the person or entity to whom the interest has been or is transferred shall apply to the Court within thirty (30) days of the transfer to be substituted or joined in this action pursuant to CPLR §1018. ENTER Dated: June 15, 2023 fp 6 OleED Z- Hon. Robert E. Antonacci II, J.S.C. Use dect Lisa Dell Onondaga County Clerk 11 of 13 (FILED: ONONDAGA COUNTY CLERK 06/16/2023 12:17 PM INDEX NO. 001182/2020 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/16/2023 ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF SYRACUSE, ONONDAGA COUNTY, NEW YORK BEING LOTS NOS. 32 AND 33 OF BLOCK NO, 15 OF THE FAIRVIEW TRACT, ACCORDING TO A MAP OF SAID TRACT MADE BY GB. HIGGINS, CE. AND FILED IN THE ONONDAGA COUNTY CLERK’S OFFICE MAY 1, 1891, EXCEPTING AND RESERVING THEREFROM THE NORTHERLY 1) FEET THEREOF; SAID PREMISES BEING BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER. OF SAID LOT NO. 32, AND RUNNING THENCE NORTHERLY ALONG THE WESTERLY LINE OF BEATTIE STREET, 104.67 FEET; THENCE WESTERLY AT RIGHT ANGLES TO BEATTIE STREET, 66 FEET, THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF BEATTIE STREET 114.5 FERT TO THE NORTHERLY LINE OF SALT SPRINGS ROAD; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SALT SPRINGS ROAD TO THE PLACE OF BEGINNING, 12 of 13 INDEX NO. 001182/2020 FILED: ONONDAGA COUNTY CLERK 06/16/2023 12:17 PM NYSCEF DOC. NO. 71 RECEIVED NYSCEF 06/16/2023 Index No.: 001 182/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA LAKEVIEW LOAN SERVICING, LLC, Plaintiff(s), Vv. SHANNON HOWARD; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; COMMISSIONER OF THE ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES; CARL ANTHONY MILLSAP, SHALANDA GRAHAM, "JOHN DOE #2" through "JOHN DOE #12," the last eleven names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint Defendant(s). ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF FORECLOSURE AND SALE Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 20-004908 - DaR 13 of 13