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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
INDEX NO. EF2018-
NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, 260483
Plaintiff, STIPULATION
-against-
CONSENTING TO
JUDGMENT OF
FORECLOSURE AND
SALE
BARBARA J. JOHNSON; STEPHANIE V. JOHNSON,
MORTGAGED PROPERTY:
31 MADISON AVENUE
#1"
"JOHN DOE through "JOHN DOE #12", the last
TROY, NY 12180
twelve names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants, COUNTY: RENSSELAER
persons or corporations, if any, having or claiming an
interest in or lien upon the premises described in the
SBL#: Section 112.40,
Complaint> Block 3, Lot 26
Defendants.
WHEREAS STEPHANIE V. JOHNSON and BARBARA J. JOHNSON ("Borrowers")
executed a Note dated September 5, 2007 in the amount of $168,743.00 ("Note"). As security for
the Note, STEPHANIE V. JOHNSON and BARBARA J. JOHNSON, ("Mortgagors") executed a
mortgage in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR FIRST ALTERNATIVE MORTGAGE CORP, A NEW YORK
CORPORATION, secured by the Premises, dated September 5, 2007 and recorded on November
8, 2007 in Liber 4382 at Page 76 ("Mortgage").; and
WHEREAS, the Summons, Complaint and Notice of Pendency were duly filed with the
Clerk by the Plaintiff on or about August 3, 2018; and
County
WHEREAS, defendants BARBARA J. JOHNSON; STEPHANIE V, JOHNSON
("Defendants") failed to appear or answer in the time prescribed by law and subsequently on April
28, 2020, Meyers & Meyers, LLP filed a notice of appearance on behalf of the Defendants.
WHEREAS, all other defendants defaulted in answering;
WHEREAS, upon information and belief, none of the parties herein is an infant,
incompetent or absentee;
NOW, in consideration for the mutual promises recited herein, it is hereby STIPULATED
and AGREED as follows:
1. Defendants consent to the jurisdiction of the Court; waives all potential affirmative
defenses and counterclaims and warrant represent and agree that they have only made a general
appearance.
2. In consideration of the foregoing and that which follows, Plaintiff shall forego any
application for a deficiency judgment against Defendants and shall waive any claim to personal
liability in connection with any claim asserted against Defendants. Plaintiff only seeks Judgment
of Foreclosure and Sale and shall not seek any money judgment against the Defendants as it relates
to this Action or the Mortgage or Note or any monies due thereunder.
3. It is further agreed that there is no need for a referee's computation, in that the sums
due are agreed to as well as the fact that there is no possibility of dividing the premises at issue
and selling same in separate parcels, As such, Defendants expressly waive the typical procedures
in a foreclosure action, including the appointment of a referee and the computation of the sums
due by said referee and the determination of whether the premises at issue can be sold in parcels,
except agree that a Referee will be required to be appointed for purposes of conducting the sale of
the Property.
4. Defendants consent to the entry of a Judgment of Foreclosure and Sale in the form
already filed with the Court.
5. The attorneys warrant, represent and agree that they have the authority to enter into
this stipulation for an on behalf of their respective clients.
6. This Stipulation may be executed in counterparts, which counterparts, when taken
together, shall constitute this Stipulation; and facsimile copies of signatures made upon this
Stipulation shall be accepted as original signatures.
PLAINTIFF:
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorne Itiff
BY:
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
Dated: Û CL . A 2- L
DEFENDANTSF
am M. Brea , Esq.
Meyers & Meyers, LLP
Attorney for BARBARA J. JOHNSON & STEPHANIE V. JOHNSON
1734 Western Avenue
Albany, New York 12203
Tel. (518) 464-9075
Dated: C.
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER INDEX NO. EF2018- NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, 260483 Plaintiff, STIPULATION -against- CONSENTING TO JUDGMENT OF FORECLOSURE AND SALE BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, MORTGAGED PROPERTY: 31 MADISON AVENUE #1" "JOHN DOE through "JOHN DOE #12", the last TROY, NY 12180 twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, COUNTY: RENSSELAER persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the SBL#: Section 112.40, Complaint> Block 3, Lot 26 Defendants. WHEREAS STEPHANIE V. JOHNSON and BARBARA J. JOHNSON ("Borrowers") executed a Note dated September 5, 2007 in the amount of $168,743.00 ("Note"). As security for the Note, STEPHANIE V. JOHNSON and BARBARA J. JOHNSON, ("Mortgagors") executed a mortgage in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRST ALTERNATIVE MORTGAGE CORP, A NEW YORK CORPORATION, secured by the Premises, dated September 5, 2007 and recorded on November 8, 2007 in Liber 4382 at Page 76 ("Mortgage").; and WHEREAS, the Summons, Complaint and Notice of Pendency were duly filed with the Clerk by the Plaintiff on or about August 3, 2018; and County WHEREAS, defendants BARBARA J. JOHNSON; STEPHANIE V, JOHNSON ("Defendants") failed to appear or answer in the time prescribed by law and subsequently on April 28, 2020, Meyers & Meyers, LLP filed a notice of appearance on behalf of the Defendants. WHEREAS, all other defendants defaulted in answering; WHEREAS, upon information and belief, none of the parties herein is an infant, incompetent or absentee; NOW, in consideration for the mutual promises recited herein, it is hereby STIPULATED and AGREED as follows: 1. Defendants consent to the jurisdiction of the Court; waives all potential affirmative defenses and counterclaims and warrant represent and agree that they have only made a general appearance. 2. In consideration of the foregoing and that which follows, Plaintiff shall forego any application for a deficiency judgment against Defendants and shall waive any claim to personal liability in connection with any claim asserted against Defendants. Plaintiff only seeks Judgment of Foreclosure and Sale and shall not seek any money judgment against the Defendants as it relates to this Action or the Mortgage or Note or any monies due thereunder. 3. It is further agreed that there is no need for a referee's computation, in that the sums due are agreed to as well as the fact that there is no possibility of dividing the premises at issue and selling same in separate parcels, As such, Defendants expressly waive the typical procedures in a foreclosure action, including the appointment of a referee and the computation of the sums due by said referee and the determination of whether the premises at issue can be sold in parcels, except agree that a Referee will be required to be appointed for purposes of conducting the sale of the Property. 4. Defendants consent to the entry of a Judgment of Foreclosure and Sale in the form already filed with the Court. 5. The attorneys warrant, represent and agree that they have the authority to enter into this stipulation for an on behalf of their respective clients. 6. This Stipulation may be executed in counterparts, which counterparts, when taken together, shall constitute this Stipulation; and facsimile copies of signatures made upon this Stipulation shall be accepted as original signatures. PLAINTIFF: ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorne Itiff BY: 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 Dated: Û CL . A 2- L DEFENDANTSF am M. Brea , Esq. Meyers & Meyers, LLP Attorney for BARBARA J. JOHNSON & STEPHANIE V. JOHNSON 1734 Western Avenue Albany, New York 12203 Tel. (518) 464-9075 Dated: C.