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At Part of the Supreme Court of the State of
New York, held in and for the County of
RENSSELAER at the Courthouse thereof, 80
Second Street, Troy, NY 12180, on the day
of ,2020.
P R E S E N T: Honorable Hon. Richard J. McNally. J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
_____________________________________________Ç
NATIONSTAR MORTGAGE LLC D/B/A MR. INDEX NO.: 2018-260483
COOPER,
Plaintiff, ORDER CONFIRMING REFEREE
-against-
REPORT AND JUDGMENT OF
FORECLOSURE AND SALE
BARBARA J. JOHNSON; STEPHANIE V.
JOHNSON,
MORTGAGED PROPERTY:
#1" #12," 31 MADISON AVENUE
"JOHN DOE through "JOHN DOE the last
TROY, NY 12180
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
COUNTY: RENSSELAER
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
SBL#: Section 112.40, Block 3, Lot 26
premises described in the Complaint,
Defendant(s).
________________________________Ç
UPON the Summons, Complaint and Notice of Pendency filed in this action on August 3,
2018, the Notice of Pendency filed in this action on November 16, 2018, the Notice of Motion
dated October 30, 2020, the affirmation of Glenn W. Caulfield, Esq., the affidavit of merit and
amount due by Connie Melendez who is a Document Execution Associate of NATIONSTAR
MORTGAGE LLC D/B/A MR. COOPER, duly sworn to on Decernber 3, 2018; the affidavit of
Britney Fisher who is a Document Execution Associate of NATIONSTAR MORTGAGE LLC
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D/B/A MR. COOPER, duly sworn to on September 15, 2020; together with the exhibits attached
thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and
UPON proof that each of the Defendants herein have been duly served with the Summons
and Complaint in this action, and has voluntarily appeared either personally or by their respective
attorneys or have not served any answer to the Complaint or otherwise appeared, nor had their
time to so do extended; and Plaintiff having established to the court's satisfaction that judgment
against the defendants is warranted; and
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants are not absent, in accordance with RPAPL
§l321(2); and
A Referee having been appointed to compute the amount due to the Plaintiff upon the
bond/note and mortgage set forth in the Complaint, and to examine whether the mortgaged
property can be sold in parcels; and
UPON reading and filing the Report of Timothy Shevy, Esq. dated October 1, 2020,
showing the sum of $248,941.82 due as of August 31, 2020 and that the mortgaged property
cannot be sold in parcels; and
UPON proof of due notice of this application upon all parties entitled to receive same,
and upon all of the prior proceedings and papers filed herein;
NOW on motion by Glenn W. Caulfield, Esq., associate of RAS Boriskin, LLC, attorneys
for Plaintiff, it is hereby
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ORDERED, ADJUDGED AND DECREED that the motion is granted; without
opposition and it is further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same
is, hereby in all respects ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the
Complaint in this action and as hereafter described, 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 RPAPL be sold, within 90 days from the date of this Judgment, in one parcel, at public
auction at the by and
under the direction of Timothy Shevy, Esq., who is hereby appointed Referee for that purpose;
that said Referee give public notice of the time and place of sale in accordance with RPAPL §231
in ; and it is further
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 (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
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ORDERED, ADJUDGED AND DECREED 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, ADJUDGED AND DECREED that the Referee shall conduct the
foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at
the sale; and it is further
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 the Referee shall accept the highest bid
offered by a bidder who shall be identified upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the purchase of the property, 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
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 property or
fails to immediately pay the ten percent (10%) deposit as required, the property shall be reoffered
at auction; and it is further
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ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down
payment and proceeds of sale, as necessary, in
in his/her own name as Referee, in accordance with CPLR 2609; and it is further
ORDERED, ADJUDGED AND DECREED that after the property is sold the Referee
shall execute a deed to the purchaser, in accordance with RPAPL §I353 and the terms of sale,
which shall be deemed a binding contract; and it is further
ORDERED, ADJUDGED AND DECREED that in the event a party other than the
Plaintiff becomes the purchaser at the sale, the closing of title shall be had thirty (30) days after
the date of such sale unless otherwise stipulated by all parties to the sale; and it is further
ORDERED, ADJUDGED, AND DECREED that if the Plaintiff (or its affiliate, as
defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser,
such party shall place the property back on the market for sale or other occupancy: (a) within one
hundred eighty (180) days of the execution of the deed of sale, or (b) within ninety (90) days of
completion of construction, renovation, or rehabilitation of the property, provided that such
construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes
first, provided however, a court of competent jurisdiction may grant an extension for good cause;
and it is further
ORDERED, ADJUDGED, AND DECREED that the Referee, on receiving the proceeds
of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all
taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property
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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 the Referee then deposit the balance of
said proceeds of sale in her/his own name as Referee in , and
shall thereafter make the following payments in accordance with RPAPL §l354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance
with CPLR 8003(b), in the sum of $750.00 in the event a sale was canceled or
postponed, Plaintiff shall compensate the Referee in the sum of $
for each adjournment or cancellation, unless the Referee caused the delay;
SECOND: All taxes, assessments and water rates that are liens upon the
property and monies necessary to redeem the property from any sales for unpaid
taxes, assessments, or water rates that have not apparently become absolute, and
any other amounts due in accordance with RPAPL §l354(2). Purchaser shall be
responsible for interest and penalties due on any real property taxes accruing after
the sale. The Referee shall not be held responsible for the payment of penalties or
fees pursuant to this appointment. The Purchaser shall hold the Referee harmless
from any such penalties or fees assessed;
THIRD: The expenses of the sale and the advertising expenses as shown
on the bills presented and certified by said Referee to be correct, duplicate copies
of which shall be annexed to the report of sale;
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FOURTH: The Referee shall then pay to the Plaintiff or its attorney the
following:
Amount Due per Referee's Report: $248,941 82 with interest at the note
rate from November 1, 2015 to August 31, 2020, 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 property pending consummation of this foreclosure sale, not
previously included in the computation, upon presentation of receipts for said
expenditures to the Referee, all together with interest thereon pursuant to the note
and mortgage, and then with interest from the date of entry of this judgment at the
statutory rate until the date the deed is transferred;
Costs and Disbursements: $ adjudged to the
Plaintiff for costs and disbursements in this action, with interest at the statutory
judgment rate from the date of entry of this judgment;
Additional Allowance: $_______ is hereby awarded to the
Plaintiff in addition to costs, with interest at the statutory judgment rate from the
date of entry of this judgment, pursuant to CPLR Article 83;
Attorney Fees: $ is hereby awarded to the
Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the
date of entry of this judgment;
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FIFTH: Surplus monies arising from the sale shall be paid into court by the
officer conducting the sale within five days after receipt in accordance with
RPAPL §l354(4) and in accordance with local County rules regarding Surplus
Monies; and it is further
ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the
property, or in the event that the rights of the purchasers at such sale and the terms of sale under
this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment thereof
is filed with said Referee, said Referee shall not require the Plaintiff 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 property sold upon the payment to said Referee of the amounts specified in items
"Third"
marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the
"Second" "Third"
amounts specified in and above when it is recording the deed; that the balance
of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due
"Fourth"
Plaintiff as specified in paragraph above; that if there is a surplus after applying the
balance of the bid, the Plaintiff shall pay that amount to the Referee, who shall deposit it in
"Fifth"
accordance with paragraph above; and it is further
ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee's
deed, including real property transfer tax, which is not a lien upon the property at the time of
sale, shall be paid by the purchaser, not by the Referee from sale proceeds; and that transfer
any
tax shall be paid in accordance with Tax Law §l404; and it is further
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ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in
"First," "Third" "Fourth"
accordance with paragraphs "Second, and above are insufficient to pay
"Fourth"
Plaintiff the Amount Due per the Referee's Report as set forth in paragraph above,
Plaintiff may seek to recover a deficiency judgment against STEPHANIE V. JOHNSON and
BARBARA J. JOHNSON in accordance with RPAPL §l371 if permitted by law; and it is further
ORDERED, ADJUDGED, AND DECREED that the mortgaged property is to be sold in
is"
one parcel in "as physical order and condition, subject to any state of facts that an inspection
of the property would disclose; any state of facts that an accurate survey of the property would
show; any covenants, restrictions, declarations, reservations, easements, right of way, and public
utility agreements of record, if any; any building and zoning ordinances of the municipality in
which the mortgaged property is located and possible violations of same; any rights of tenants or
persons in possession of the subject property; prior liens of record, if any, except those liens
addressed in RPAPL §l354; any equity of redemption of the United States of America to redeem
the property with.in 120 days from the date of sale; and any rights 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, ADJUDGED AND DECREED that the purchaser be let into possession of
the property on production of the Referee's Deed or upon personal service of the Referee's deed
in accordance with CPLR §308; and it is further
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..
ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all
persons claiming through them and any person obtaining an interest in the property after the
filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and
interest in the property after the sale of the mortgaged property; and it is further
ORDERED, ADJUDGED AND DECREED that within thirty days after completing the
sale and executing the proper conveyance to the purchaser, unless the time is extended by the
court, the officer making the sale shall file with the clerk a report under oath of the disposition of
the proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules
regarding handling of Surplus Monies; and it is further
ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said
sale defaults upon the bid and/or the terms of sale the Referee may place the property for resale
without prior application to the Court unless the Plaintiff's attorneys shall elect to make such
application; and it is further
ORDERED, ADJUDGED AND DECREED, that Defendants captioned as "JOHN DOE
#1"
through "JOHN DOE #12", who were neither necessary nor proper parties to this action and
thus were not served with copies of the Summons and Complaint herein, are hereby stricken
from the caption of this action; and it is further
ORDERED, ADJUDGED AND DECREED, that the amended caption shall read as
follows:
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NATIONSTAR MORTGAGE LLC D/B/A MR. INDEX NO. 2018-260483
COOPER,
PlaintifY,
-against-
BARBARA J. JOHNSON; STEPHANIE V. JOHNSON,
Defendant(s).
------.---------.---....-------..-------------X
and it is further
ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this
Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in
this action, and any other parties or persons entitled to service, including the Referee appointed
herein; and it is further
ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to
relieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §l308 to secure and
maintain the property until such time as ownership of the property has been transferred and the
deed duly recorded; and it is further
ORDERED, ADJUDGED AND DECREED that when the Referee files a report of sale,
he or she shall concurrently file a Foreclosure Actions Surplus Monies Form; and it is further
ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff
shall file a written report with the court within six months from the date of entry of this judgment
stating whether the sale has occurred and the outcome thereof.
Said property is commonly known as 31 MADISON AVENUE, TROY, NY 12180.
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The legal description of the mortgaged
property referred to herein is annexed hereto as
Schedule "A".
DATED:
ENTER:
J.S.C.
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SCHEDULE A -LEGAL DESCMPTION
ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, TOGETHER WITH THE BUILDINOS
AND IMPROVEMENTS THEREON, LOCATED IN THE CITY OF TROY, COUNTY OF
RENSSELAER AND STATE OF NEW YORK, MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO WIT:
A PARCEL OF LAND KNOWN AS LOT NUMBER 25, ALSO KNOWN AS STREET NUMBER 31
MADISON AVENUE IN SAID CITY OF TROY, AND AS SAME APPEARED ON THE TAX
ASSESSMENT ROLLS OF SAID CITY AND ON A DEED DATED OCTOBER 30, 1967 FROM
W1LLIAM A. BREEN, TREASURER OF THE CITY OF TROY, SAID DEED BEING RECORDED IN
THE RENSSELAER COUNTY CLERK's OFFICE OCTOBER 30, 1967 IN BOOK OF DEEDS 1180
TROY"
AT PAGE 856 INCLUSlVE, SEE ALSO "BLOCK MAP, CITY OF FILED IN THE
RENSSELAER COUNTY CLERK'S OFFICE SEPTEMBER 26, 1952.
SAID PREMISES ARE ALSO DESCRIBED AS FOLLOWS: WARD 6, MADISON AVENUE (NO
STREET NUMBER), NORTH SIDE BETWEEN LARK AND O'DELL STREETS, LOT 28, 59 FEET
HEJOHTS"
BY 115 FEET ON A MAP ENTITLED "RESUBDIVISION PAWLING BY JAMES F.
HOFFMAN ASSOCIATES, DATED APR1L 1953 AND FILED IN THE RENSSELAER COUNTY
CLERK'S OFFICE AND BEING THE SAME PREMISES APPEARING IN THE CITY OF TROY
ASSESSMENT ROLLS, WARD 5, AS FOLLOWS: FOR THE YEARS 1962, PAGE 83, FOR THE
YEAR 1966, PLATE NUMBER 991, IN REM SERIAL NUMBER N-124,
18-172756 - MeM Drafter: Melina Moraitis
Index No.: 2018-260483
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER,
PLAINTIFF,
-against-
BARBARA J. JOHNSON; STEPHANIE V. JOHNSON,
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve 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,
DEFENDANTS.
ORDER CONFIRMING REFEREE REPORT
AND JUDGMENT OF FORECLOSURE
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At Part of the Supreme Court of the State of New York, held in and for the County of RENSSELAER at the Courthouse thereof, 80 Second Street, Troy, NY 12180, on the day of ,2020. P R E S E N T: Honorable Hon. Richard J. McNally. J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER _____________________________________________Ç NATIONSTAR MORTGAGE LLC D/B/A MR. INDEX NO.: 2018-260483 COOPER, Plaintiff, ORDER CONFIRMING REFEREE -against- REPORT AND JUDGMENT OF FORECLOSURE AND SALE BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, MORTGAGED PROPERTY: #1" #12," 31 MADISON AVENUE "JOHN DOE through "JOHN DOE the last TROY, NY 12180 twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the COUNTY: RENSSELAER tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the SBL#: Section 112.40, Block 3, Lot 26 premises described in the Complaint, Defendant(s). ________________________________Ç UPON the Summons, Complaint and Notice of Pendency filed in this action on August 3, 2018, the Notice of Pendency filed in this action on November 16, 2018, the Notice of Motion dated October 30, 2020, the affirmation of Glenn W. Caulfield, Esq., the affidavit of merit and amount due by Connie Melendez who is a Document Execution Associate of NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, duly sworn to on Decernber 3, 2018; the affidavit of Britney Fisher who is a Document Execution Associate of NATIONSTAR MORTGAGE LLC 18-172756-RoO D/B/A MR. COOPER, duly sworn to on September 15, 2020; together with the exhibits attached thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and UPON proof that each of the Defendants herein have been duly served with the Summons and Complaint in this action, and has voluntarily appeared either personally or by their respective attorneys or have not served any answer to the Complaint or otherwise appeared, nor had their time to so do extended; and Plaintiff having established to the court's satisfaction that judgment against the defendants is warranted; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants are not absent, in accordance with RPAPL §l321(2); and A Referee having been appointed to compute the amount due to the Plaintiff upon the bond/note and mortgage set forth in the Complaint, and to examine whether the mortgaged property can be sold in parcels; and UPON reading and filing the Report of Timothy Shevy, Esq. dated October 1, 2020, showing the sum of $248,941.82 due as of August 31, 2020 and that the mortgaged property cannot be sold in parcels; and UPON proof of due notice of this application upon all parties entitled to receive same, and upon all of the prior proceedings and papers filed herein; NOW on motion by Glenn W. Caulfield, Esq., associate of RAS Boriskin, LLC, attorneys for Plaintiff, it is hereby 18-172756- RoO ORDERED, ADJUDGED AND DECREED that the motion is granted; without opposition and it is further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is, hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the Complaint in this action and as hereafter described, 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 RPAPL be sold, within 90 days from the date of this Judgment, in one parcel, at public auction at the by and under the direction of Timothy Shevy, Esq., who is hereby appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL §231 in ; and it is further 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 (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 18-172756 - RoO ORDERED, ADJUDGED AND DECREED 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, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at the sale; and it is further 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 the Referee shall accept the highest bid offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, 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 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 property or fails to immediately pay the ten percent (10%) deposit as required, the property shall be reoffered at auction; and it is further 18-172756 -RoO ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment and proceeds of sale, as necessary, in in his/her own name as Referee, in accordance with CPLR 2609; and it is further ORDERED, ADJUDGED AND DECREED that after the property is sold the Referee shall execute a deed to the purchaser, in accordance with RPAPL §I353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED AND DECREED that in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of title shall be had thirty (30) days after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further ORDERED, ADJUDGED, AND DECREED that if the Plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy: (a) within one hundred eighty (180) days of the execution of the deed of sale, or (b) within ninety (90) days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes first, provided however, a court of competent jurisdiction may grant an extension for good cause; and it is further ORDERED, ADJUDGED, AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property 18-172756 -RoO 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 the Referee then deposit the balance of said proceeds of sale in her/his own name as Referee in , and shall thereafter make the following payments in accordance with RPAPL §l354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR 8003(b), in the sum of $750.00 in the event a sale was canceled or postponed, Plaintiff shall compensate the Referee in the sum of $ for each adjournment or cancellation, unless the Referee caused the delay; SECOND: All taxes, assessments and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not apparently become absolute, and any other amounts due in accordance with RPAPL §l354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale. The Referee shall not be held responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; THIRD: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; 18-172756 - RoO FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following: Amount Due per Referee's Report: $248,941 82 with interest at the note rate from November 1, 2015 to August 31, 2020, 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 property pending consummation of this foreclosure sale, not previously included in the computation, upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the note and mortgage, and then with interest from the date of entry of this judgment at the statutory rate until the date the deed is transferred; Costs and Disbursements: $ adjudged to the Plaintiff for costs and disbursements in this action, with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance: $_______ is hereby awarded to the Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $ is hereby awarded to the Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; 18-172756-RoO FIFTH: Surplus monies arising from the sale shall be paid into court by the officer conducting the sale within five days after receipt in accordance with RPAPL §l354(4) and in accordance with local County rules regarding Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the property, or in the event that the rights of the purchasers at such sale and the terms of sale under this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment thereof is filed with said Referee, said Referee shall not require the Plaintiff 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 property sold upon the payment to said Referee of the amounts specified in items "Third" marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the "Second" "Third" amounts specified in and above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due "Fourth" Plaintiff as specified in paragraph above; that if there is a surplus after applying the balance of the bid, the Plaintiff shall pay that amount to the Referee, who shall deposit it in "Fifth" accordance with paragraph above; and it is further ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee's deed, including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds; and that transfer any tax shall be paid in accordance with Tax Law §l404; and it is further 18-172756 - RoO ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in "First," "Third" "Fourth" accordance with paragraphs "Second, and above are insufficient to pay "Fourth" Plaintiff the Amount Due per the Referee's Report as set forth in paragraph above, Plaintiff may seek to recover a deficiency judgment against STEPHANIE V. JOHNSON and BARBARA J. JOHNSON in accordance with RPAPL §l371 if permitted by law; and it is further ORDERED, ADJUDGED, AND DECREED that the mortgaged property is to be sold in is" one parcel in "as physical order and condition, subject to any state of facts that an inspection of the property would disclose; any state of facts that an accurate survey of the property would show; any covenants, restrictions, declarations, reservations, easements, right of way, and public utility agreements of record, if any; any building and zoning ordinances of the municipality in which the mortgaged property is located and possible violations of same; any rights of tenants or persons in possession of the subject property; prior liens of record, if any, except those liens addressed in RPAPL §l354; any equity of redemption of the United States of America to redeem the property with.in 120 days from the date of sale; and any rights 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, ADJUDGED AND DECREED that the purchaser be let into possession of the property on production of the Referee's Deed or upon personal service of the Referee's deed in accordance with CPLR §308; and it is further 18-172756 - RoO .. ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all persons claiming through them and any person obtaining an interest in the property after the filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and interest in the property after the sale of the mortgaged property; and it is further ORDERED, ADJUDGED AND DECREED that within thirty days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer making the sale shall file with the clerk a report under oath of the disposition of the proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules regarding handling of Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale defaults upon the bid and/or the terms of sale the Referee may place the property for resale without prior application to the Court unless the Plaintiff's attorneys shall elect to make such application; and it is further ORDERED, ADJUDGED AND DECREED, that Defendants captioned as "JOHN DOE #1" through "JOHN DOE #12", who were neither necessary nor proper parties to this action and thus were not served with copies of the Summons and Complaint herein, are hereby stricken from the caption of this action; and it is further ORDERED, ADJUDGED AND DECREED, that the amended caption shall read as follows: 18-172756 -RoO NATIONSTAR MORTGAGE LLC D/B/A MR. INDEX NO. 2018-260483 COOPER, PlaintifY, -against- BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, Defendant(s). ------.---------.---....-------..-------------X and it is further ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and any other parties or persons entitled to service, including the Referee appointed herein; and it is further ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §l308 to secure and maintain the property until such time as ownership of the property has been transferred and the deed duly recorded; and it is further ORDERED, ADJUDGED AND DECREED that when the Referee files a report of sale, he or she shall concurrently file a Foreclosure Actions Surplus Monies Form; and it is further ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall file a written report with the court within six months from the date of entry of this judgment stating whether the sale has occurred and the outcome thereof. Said property is commonly known as 31 MADISON AVENUE, TROY, NY 12180. 18-172756 - RoO The legal description of the mortgaged property referred to herein is annexed hereto as Schedule "A". DATED: ENTER: J.S.C. 18-172756 - RoO SCHEDULE A -LEGAL DESCMPTION ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, TOGETHER WITH THE BUILDINOS AND IMPROVEMENTS THEREON, LOCATED IN THE CITY OF TROY, COUNTY OF RENSSELAER AND STATE OF NEW YORK, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: A PARCEL OF LAND KNOWN AS LOT NUMBER 25, ALSO KNOWN AS STREET NUMBER 31 MADISON AVENUE IN SAID CITY OF TROY, AND AS SAME APPEARED ON THE TAX ASSESSMENT ROLLS OF SAID CITY AND ON A DEED DATED OCTOBER 30, 1967 FROM W1LLIAM A. BREEN, TREASURER OF THE CITY OF TROY, SAID DEED BEING RECORDED IN THE RENSSELAER COUNTY CLERK's OFFICE OCTOBER 30, 1967 IN BOOK OF DEEDS 1180 TROY" AT PAGE 856 INCLUSlVE, SEE ALSO "BLOCK MAP, CITY OF FILED IN THE RENSSELAER COUNTY CLERK'S OFFICE SEPTEMBER 26, 1952. SAID PREMISES ARE ALSO DESCRIBED AS FOLLOWS: WARD 6, MADISON AVENUE (NO STREET NUMBER), NORTH SIDE BETWEEN LARK AND O'DELL STREETS, LOT 28, 59 FEET HEJOHTS" BY 115 FEET ON A MAP ENTITLED "RESUBDIVISION PAWLING BY JAMES F. HOFFMAN ASSOCIATES, DATED APR1L 1953 AND FILED IN THE RENSSELAER COUNTY CLERK'S OFFICE AND BEING THE SAME PREMISES APPEARING IN THE CITY OF TROY ASSESSMENT ROLLS, WARD 5, AS FOLLOWS: FOR THE YEARS 1962, PAGE 83, FOR THE YEAR 1966, PLATE NUMBER 991, IN REM SERIAL NUMBER N-124, 18-172756 - MeM Drafter: Melina Moraitis Index No.: 2018-260483 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, PLAINTIFF, -against- BARBARA J. JOHNSON; STEPHANIE V. JOHNSON, #1" #12," "JOHN DOE through "JOHN DOE the last twelve 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, DEFENDANTS. ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF FORECLOSURE