Preview
FILED: STEUBEN COUNTY CLERK 09/15/2022 12:27 PM INDEX NO. E2021-0891CV
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
_______________________-____________-----------------X
FAREVERSE LLC IN LIEU OF TRUE COMPANY
NAME FINANCE OF AMERICA REVERSE LLC,
TERMS OF SALE
Plaintiffs,
Index No.: E2021-0891CV
-against-
JAMES E. SMITH A/K/A JAMES EDWARD
Mortgaged Premises:
SMITH, AS ADMINISTRATOR OF THE
25 Rumsey Street
ESTATE OF ROBERT L. SMITH AKA ROBERT
Bath, NY 14810
LEE SMITH, DECEASED; UNITED STATES OF
AMERICAN ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT,
Defendants.
---------------------------------------X
The real property described in the Notice of Sale will be sold as one parcel under the direction of
Christine Valkenburgh, Esq., Referee, upon the following terms:
1st Except in the case that the plaintiff or an assignee of the plaintiff is the successful bidder,
ten percent of the purchase money of said premises will be required to be paid in cash or
certified check to the said Referee at the time and place of sale, and for which the Referee's
receipt will be given.
2nd The residue of said purchase money will be required to be paid in cash or certified check to
the Referee at his/her office on the 30th day after sale at 10:00 a.m. when the Referee's
deed will be ready for delivery, unless said time is extended by stipulation of the parties to
the sale.
3rd The Referee is not required to send any notice to the purchaser; if purchaser neglects to call
at the time and place above specified to receive the deed, purchaser will be charged with
interest thereafter on the whole amount of his purchase, unless the Referee shall deem it
proper to extend the time for the completion of said purchase.
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FILED: STEUBEN COUNTY CLERK 09/15/2022 12:27 PM INDEX NO. E2021-0891CV
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/15/2022
4th That the Referee shall only pay out of the proceeds all taxes, assessments and water rates
which are liens upon the property at the time of sale. The purchaser shall be liable for any
and all interest due on any real property tax liens accruing after the day of the foreclosure
sale.
5th The purchaser of said premises, or any portion thereof, will, at the time and place of sale,
sign a memorandum of purchase, and an agreement to comply with the terms and conditions
of sale herein contained.
6th The bidding will be kept open after the property is struck down; and in case any purchaser
shall fail to comply with any of the above conditions of sale, the premises so struck down
will be again put up for sale under the direction of the Referee under these same terms of
sale, without application to the Court, unless the plaintiffs attorney(s) shall elect to make
such application; and such purchaser will be held liable for any deficiency there may be
between the sum for which said premises shall be struck down upon the sale, and that for
which they may be purchased on the resale, and also for any costs or expenses of
occurring
such re-sale.
7th Said premises will be conveyed subject to the terms set forth in the Notice of Sale.
8th Said premises will be sold subject to zoning restrictions, covenants, easements, conditions,
reservations and agreements, if any; subject to any state of facts as may appear from an
accurate survey; subject to facts as to possession and occupancy and subject to whatever
the physical condition of the premises may be; subject to any violations of the zoning and
other municipal ordinances and regulations, if any,; and subject to the equity of redemption
of the United States of America, if any.
9th Any and all closing costs will be paid by the purchaser, including, without limitation, real
estate transfer taxes, recording fees, title abstract fees, survey fees, title insurance fees (if,
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FILED: STEUBEN COUNTY CLERK 09/15/2022 12:27 PM INDEX NO. E2021-0891CV
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/15/2022
.
and to the extent that, purchaser obtains a survey, title abstract or title insurance). The
purchaser will not be required to pay expenses of advertising this sale, the fees of the
Referee on the sale or any fees of attorneys for the Referee, the plaintiff or any assignee of
the plainti .
Dated: , 2022
Christine Valkenburgh, Esq., Referee
MEMORANDUM OF SALE
The undersigned has this day of , 2022, purchased the premises
described in the annexed printed advertisement of sale for the sum of
/dd'*#
($ ) Dollars and hereby promises and agrees
to comply with the terms and conditions of the sale of said premises as above mentioned and set
forth.
Dated: v , 2022
Purchaser (Print Name)
Purchaser (Signature)
Address
(Email & Phone Number)
Recei ed from 4/As , Purchaser, the sum of
44/49 ($ -0 ), being ten per cent on the amount bid by the
purchaser f property sold by me, under the judgment in the above entitled action.
Dated: , 2022
Christine Valkenburgh, Esq., Referee
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Preview
FILED: STEUBEN COUNTY CLERK 09/15/2022 12:27 PM INDEX NO. E2021-0891CV NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN _______________________-____________-----------------X FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE OF AMERICA REVERSE LLC, TERMS OF SALE Plaintiffs, Index No.: E2021-0891CV -against- JAMES E. SMITH A/K/A JAMES EDWARD Mortgaged Premises: SMITH, AS ADMINISTRATOR OF THE 25 Rumsey Street ESTATE OF ROBERT L. SMITH AKA ROBERT Bath, NY 14810 LEE SMITH, DECEASED; UNITED STATES OF AMERICAN ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendants. ---------------------------------------X The real property described in the Notice of Sale will be sold as one parcel under the direction of Christine Valkenburgh, Esq., Referee, upon the following terms: 1st Except in the case that the plaintiff or an assignee of the plaintiff is the successful bidder, ten percent of the purchase money of said premises will be required to be paid in cash or certified check to the said Referee at the time and place of sale, and for which the Referee's receipt will be given. 2nd The residue of said purchase money will be required to be paid in cash or certified check to the Referee at his/her office on the 30th day after sale at 10:00 a.m. when the Referee's deed will be ready for delivery, unless said time is extended by stipulation of the parties to the sale. 3rd The Referee is not required to send any notice to the purchaser; if purchaser neglects to call at the time and place above specified to receive the deed, purchaser will be charged with interest thereafter on the whole amount of his purchase, unless the Referee shall deem it proper to extend the time for the completion of said purchase. 1 of 3 FILED: STEUBEN COUNTY CLERK 09/15/2022 12:27 PM INDEX NO. E2021-0891CV NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/15/2022 4th That the Referee shall only pay out of the proceeds all taxes, assessments and water rates which are liens upon the property at the time of sale. The purchaser shall be liable for any and all interest due on any real property tax liens accruing after the day of the foreclosure sale. 5th The purchaser of said premises, or any portion thereof, will, at the time and place of sale, sign a memorandum of purchase, and an agreement to comply with the terms and conditions of sale herein contained. 6th The bidding will be kept open after the property is struck down; and in case any purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down will be again put up for sale under the direction of the Referee under these same terms of sale, without application to the Court, unless the plaintiffs attorney(s) shall elect to make such application; and such purchaser will be held liable for any deficiency there may be between the sum for which said premises shall be struck down upon the sale, and that for which they may be purchased on the resale, and also for any costs or expenses of occurring such re-sale. 7th Said premises will be conveyed subject to the terms set forth in the Notice of Sale. 8th Said premises will be sold subject to zoning restrictions, covenants, easements, conditions, reservations and agreements, if any; subject to any state of facts as may appear from an accurate survey; subject to facts as to possession and occupancy and subject to whatever the physical condition of the premises may be; subject to any violations of the zoning and other municipal ordinances and regulations, if any,; and subject to the equity of redemption of the United States of America, if any. 9th Any and all closing costs will be paid by the purchaser, including, without limitation, real estate transfer taxes, recording fees, title abstract fees, survey fees, title insurance fees (if, 2 of 3 FILED: STEUBEN COUNTY CLERK 09/15/2022 12:27 PM INDEX NO. E2021-0891CV NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/15/2022 . and to the extent that, purchaser obtains a survey, title abstract or title insurance). The purchaser will not be required to pay expenses of advertising this sale, the fees of the Referee on the sale or any fees of attorneys for the Referee, the plaintiff or any assignee of the plainti . Dated: , 2022 Christine Valkenburgh, Esq., Referee MEMORANDUM OF SALE The undersigned has this day of , 2022, purchased the premises described in the annexed printed advertisement of sale for the sum of /dd'*# ($ ) Dollars and hereby promises and agrees to comply with the terms and conditions of the sale of said premises as above mentioned and set forth. Dated: v , 2022 Purchaser (Print Name) Purchaser (Signature) Address (Email & Phone Number) Recei ed from 4/As , Purchaser, the sum of 44/49 ($ -0 ), being ten per cent on the amount bid by the purchaser f property sold by me, under the judgment in the above entitled action. Dated: , 2022 Christine Valkenburgh, Esq., Referee 3 of 3