On October 01, 2021 a
Motion-Secondary
was filed
involving a dispute between
U.S. Bank National Association, As Trustee For The Registered Holders Of Mastr Asset Backed Securities Trust 2007-Wmc1Mortgagepass-Through Certificates, Series 2007-Wmci,
and
Environmental Control Board,
Joe Fenderson,
Joy Newell,
Natasha Rose,
Nyc Parking Violations Bureau,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Queens County.
Preview
At an IAS Part 8 of the Supreme Court of the
State of New York, held in and for the County
of Queens, at the Courthouse thereof, located
at 88-11 Sutphin Blvd., Jamaica, New York on
January ___, 2023.
PRESENT: HON. BERNICE D. SIEGAL, J.S.C.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE REGISTERED HOLDERS OF MASTR
ASSET BACKED SECURITIES TRUST 2007-WMC1 Index No. 721884/2021 (7405/2012)
MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2007-WMC1,
Plaintiff, ORDER VACATING NOTE OF
ISSUE AND APPOINTING
v. REFEREE TO COMPUTE SUMS
JOY NEWELL; ENVIRONMENTAL CONTROL DUE TO PLAINTIFF
BOARD; NYC PARKING VIOLATIONS BUREAU; JOE
FENDERSON; NATASHA ROSE,
Defendants.
Upon the prior proceedings held herein and in furtherance of the virtual conference held on
October 19, 2022, and upon this Court’s Memorandum Decision dated November 4, 2022 and
entered on November 16, 2022, it is hereby
ORDERED that the Note of Issue filed on May 1, 2019 is hereby vacated; and it is further
ORDERED that this action is hereby referred to Dominic A. Villoni, Esq. of 80 Brook Street,
Garden City, New York 11530 who was appointed a Referee by Order entered February 22, 2017 to
ascertain and compute the amount due to the Plaintiff for principal, interest and other disbursements
advanced as provided for in the note and mortgage upon which this action was brought, to examine
and report whether or not the mortgaged premises can be sold in parcels, and that the Referee make
his/her report to the court with all convenient speed; and it is further
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321;
and it is further
ORDERED that the Referee appointed herein is subject to the requirements of Rule 46.2(c)
of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the
provisions of that Rule, the Referee shall notify the appointing Justice forthwith; and it is further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $350.00 shall be paid to the
Referee for the computation of the amount due and upon the filing of his/her report, and the Referee
shall not request or accept additional compensation unless it has been fixed by the court in
accordance with CPLR 8003(a); and it is further
ORDERED 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 that the Referee shall not be held responsible for the payment of penalties or fees
pursuant to this appointment. Purchaser or any title company hired by the purchaser shall be
responsible for any penalties or fees incurred as a result of a late payment of the tax as required by
City Administrative Code 19 RCNY 23-08(a), which requires payment within 30 days. The
Purchaser shall hold the Referee harmless from any such penalties accessed as a result of a late
payment of these taxes; and it is further
ORDERED that a copy of this Order with Notice of Entry shall be served upon the owner of
the equity of redemption, any tenants named in this action, any other party entitled to notice, and the
referee appointed herein.
ENTER:
________________________________________
Bernice D. Siegal
Justice of the Supreme Court
2
Document Filed Date
November 28, 2022
Case Filing Date
October 01, 2021
Category
Real Property - Mortgage Foreclosure - Residential
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