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FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GENESEE
NOTICE OF ENTRY
Wells Fargo Bank, N.A.,
Plaintiff, Index No. E65940
-against-
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A.
Crosby,
Defendants.
SIRS:
PLEASE TAKE NOTICE that the within is a true copy of a Judgraêñt, duly entered in
the office of the clerk of the within named court on January 6, 2020.
DATED: di S tut I
sti Valle, Esq.
ssoc te Attorney
L LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
TO:
Tracy A. Crosby a/k/a Tracy Pollack a/k/a Tracy A. Pollack
3105B McDonald Avenue
springdale, AR 72762-1541
David DiMatteo, Esq.
PO Box 190
Warsaw, NY 14569
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COPY
At Part of the Supreme Court held in
J the County of Genesee, at the Genesee
Courthouse thereof, on the JB day of
|t
()] / Ju ), // , 20
PRESENT: Hon. Charles N. Zambito, J.S.C.
JUSTICE OF THE SUPREME COURT
Wells Fargo Bank, NA, INDEX NO. 65940
Plaintiff(s),
ORDER CONFIRMING
REFEREE REPORT AND
EDGMENT OF
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby,
FORECLOSURE AND SALE
Defendant(s)· MORTGAGED PROPERTY:
6339 Warboys Road
Byron, NY 14422
SBL #: Section: 5. Block: 2 Lot:
32
UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 27th
day of July, 2017, the Notice of Motion dated / 2 , the affirmation by Scott
Ferraro, Esq., the affidavit of merit and amount due y Lenettra Smith, who is Vice President,
duly sworn to on October 15, 2019, together with the exhibits annexed thereto, all in support of
Plaintiff's motion for a Judgment of Foreclosure and Sale; and
UPON proof that the defendants, Tracy A. Crosby a/k/a Tracy Pollack a/k/a Tracy A.
Pollack, herein has been duly served with the Summons and Complaint in this action, and has
voluntarily appeared either personally or by an attorney; and it appearing that more than the
legally required number of days has elapsed since defendants Tracy A. Crosby a/k/a Tracy
Pollack a/k/a Tracy A. Pollack, were so served and/or appeared; and Plaintiff having established
to the court's satisfaction that a judgment against defendants is warranted; and
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
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A Referee having been appointed to compute the amount due to 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 David DiMatteo Esq. dated November 5, 2019,
showing the sum of $165,591.03 due as of the date of said Report and that the mortgaged
property may not be sold in parcels; and
UPON proof of due notice of this me+ion upon all parties entitled to receive same, and
upon all the prior proceedings and papers filed herein;
NOW, on motion by Scott Ferraro, Esq., attorney for the Plaintiff, it is hereby
ORDERED, ADJUDGED AND DECREED, that the motion is granted; 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 Complent and as hereaAer 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 of the date of this Judgment, in one parcel, at a public auction at
the lobby of the Genesse County Building, No. 1, Main and Court Streets, Batavia, New York,
by and under the direction of David DiMatteo, Esq., PO Box 190, Warsaw, NY 14569,
(585)786-0126 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 the Batavia Daily News;
and it is further
ORDERED, ADJUDGED AND DECREED, that by accepting this appoin::nent, the
Referee certifies that he/she is in comp"a=ce with Part 36 of the Rules of the Chief Judge (22
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NYCRR Part 36), including, but not limited to §36.2(c) ("Disqualifications from app:5±ent")
and §36.2 (d) ("Limitations on appc5±-ts based upon compensation"); and, if the Referee is
disqualified from receiving an appai=*==t pursuant to the provisions of that Rule, the Referee
shall immediately notify the Appointing Judge; and it is further
ORDERED, ADJU DGED, AND DECREED that the Referee is prohibited from
accepting or retaining any funds for him/herself or paying funds to him/herself withcat
compliance with Part 36 of the Rules of the Chief Ad=i=istrative Judge; and it is further
ORDERED, ADJUDGED, AN D 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 or the Referee has received a written bid and Terms of Sale from Plaintift its successors
and/or assigns, or its representative; and it is further
ORDERED, ADJU DGED, 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 sä1e as soon as reasonably
practicable; and it is further
ORDERED, ADJUDGED, AND DECREED that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Plaintif f s attorney, just as though Plaintiff were
physically present to submit said bid; and it is further
ORDERED, ADJUDGED, AN D 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
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successful bidder is Plaintiff in which case no deposit against the purchase price shall be
required; and it is further
ORDERED, ADJUDGED, AND DECR,EED 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
immediately and on the same day be reoffered at auction; and it is further
ORDERED, ADJUDGED, AND DECREED that the Referee shall &en deposit the
down payment and proceeds of sale, as necessary, in the Referee's I.O.L.A. account maint±ed
for legal clients, in his/her own name as Referee, in accordance with CPLR 2609; and it is
further
ORDERED, ADJUDGED AND DECREED, that aAer the property is sold, the Refem
shall execute a deed to the purchaser, in acccrdance with RPAPL §1353 and the terms of sale,
which shall be deemed a binding contract; and it is further
ORDERED, ADJUDGED, AN D DECREED that, in the event a party other than the
Plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 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 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 180 days
of the execution of the deed of sale, or (b) within 90 days of compledon of construction,
renovation, or rehabilitatica of the property, provided that such constructica, renovation, or
rehabilitation proceeded diligently to completion, whichever comes first, provided however, that
a court of competent jurisdiction may grant an extension for good cause; and it is further
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ORDERED, ADJUDGED, AND DECREED that the Referee, on receiving the
proceeds of such sale, shall forthwith pay there£=m, 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 at the time of sale with such interest or pm les 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 his/her own name as Referee in their I.O.L.A. account mai+3=ad for
legal clients, and shall thereafter make the following payments in accordance with RPAPL
§1354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance with
CPLR 8003(b), not to exceed $750.00 unless the property sells for $50,000.00 or more or
in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in
the sum of $ j®0 ach adjournment or cancellation, unless the
Referee caused the delay;
SECOND: All taxes, assessments, and water rates that are liens upon the preparty
and monies necessary to redeem the property from any sales for unpaid taxes,
not become other ==='a+•
assessments, or water rates that have absolute, and any 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
responsible for the payment of penalties or fees parr.mi to this appe-'-±=t. The
Purchaser shall hold the Referee harmless from any such pe=alties or fees assessed;
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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;
FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following:
Amount Due per Referee's Report: $165,591.03 with interest at the note rate
from October 9, 2019 until the date of entry of this judgment, 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 peding cons---''on of this foreclosure sale, not previously included in the
cc=putation, upon preseMJen of receipts for said expenditures to the Referee, all
together with interest the=on 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: $2,387.46 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: $ 0 is hereby awarded to Plaintiff in
additien to costs, with interest at the ª±±ery judgment rate from the date of entry of this
judgment, pursuant to CPLR Article 83;
Attorney Fees: $2,975.00 is hereby awarded to Plaintiff as reasonable legal fees
herein, with interest at the statutcry 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 §1354(4)
and funds shall be deposited with the Genesee County Treasurer•, and it is further
ORDERED, ADJUDGED ANDDECREED 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 Plaintif Fto 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"
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 emount due to
"Fourth"
Plaintiff as specified in peregmph above; that Plaintiff shall pay any surplus after
applying the balance of the bid to the Referee, who shall deposit it in accorderice with paragraph
"Fifth"
above; and it is further
ORDERED, ADJUDGED ANDDECREED 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 any
transfer tax shall be paid in accordance with Tax Law §1404; and it is further
ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in
"Fourth"
accordance with paragraphs "First", "Second", "Third", and above are insufficient to
"Fourth"
pay Plaintiff the Amount Due per the Referee's Report as set forth in paragraph above,
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Plaintiff seek to recover a deficiency judgment against Tracy A. Pollack, unless discharged
may
in bankruptcy, in accordance with RPAPL §1371 if permitted by law; and it is further
ORDERED, ADJU DGED AND DECREED that the mortgaged property is to be sold
is"
in one parcel in "as physical order and condition, subject to any conditioñ that an inspection
of the property would disclose; any 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 buil±g and zoning ordinances of the ardcipality 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 redc=;±: of the United States of America to redeem
the property within 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
defedent 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 upon production in hand of the Referee's Deed or upon pmon=1 service of the
Referee's deed in accordance with CPLR 308; and it is further
ORDERED, ADJU DGED AND DECREED that the Defended in this action and all
persons claiming through them and any person ch+wning 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 30 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
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.
the proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules
regarding he=.dling of Surplus Monies; and it is further
ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said
sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale
without prior applicatiõn to the Court unless Plaintiffs attorneys shall elect to make such
application; 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 redep*iew 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 §1308 to secure and
-3=+-4= the property until such time as ownership of the has been transferred and the
property
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 comt within six months from the date of entry of this
judgment stating whether the sale has occurred and the outcome thereof.
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Preview
FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE NOTICE OF ENTRY Wells Fargo Bank, N.A., Plaintiff, Index No. E65940 -against- Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby, Defendants. SIRS: PLEASE TAKE NOTICE that the within is a true copy of a Judgraêñt, duly entered in the office of the clerk of the within named court on January 6, 2020. DATED: di S tut I sti Valle, Esq. ssoc te Attorney L LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 TO: Tracy A. Crosby a/k/a Tracy Pollack a/k/a Tracy A. Pollack 3105B McDonald Avenue springdale, AR 72762-1541 David DiMatteo, Esq. PO Box 190 Warsaw, NY 14569 17-064902 Notice of Entry Page 1 of 1 1 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 COPY At Part of the Supreme Court held in J the County of Genesee, at the Genesee Courthouse thereof, on the JB day of |t ()] / Ju ), // , 20 PRESENT: Hon. Charles N. Zambito, J.S.C. JUSTICE OF THE SUPREME COURT Wells Fargo Bank, NA, INDEX NO. 65940 Plaintiff(s), ORDER CONFIRMING REFEREE REPORT AND EDGMENT OF Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby, FORECLOSURE AND SALE Defendant(s)· MORTGAGED PROPERTY: 6339 Warboys Road Byron, NY 14422 SBL #: Section: 5. Block: 2 Lot: 32 UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 27th day of July, 2017, the Notice of Motion dated / 2 , the affirmation by Scott Ferraro, Esq., the affidavit of merit and amount due y Lenettra Smith, who is Vice President, duly sworn to on October 15, 2019, together with the exhibits annexed thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and UPON proof that the defendants, Tracy A. Crosby a/k/a Tracy Pollack a/k/a Tracy A. Pollack, herein has been duly served with the Summons and Complaint in this action, and has voluntarily appeared either personally or by an attorney; and it appearing that more than the legally required number of days has elapsed since defendants Tracy A. Crosby a/k/a Tracy Pollack a/k/a Tracy A. Pollack, were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against defendants is warranted; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and 17-064902 Judgment of Foreclosure and Sale Page 1 of 12 2 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 A Referee having been appointed to compute the amount due to 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 David DiMatteo Esq. dated November 5, 2019, showing the sum of $165,591.03 due as of the date of said Report and that the mortgaged property may not be sold in parcels; and UPON proof of due notice of this me+ion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; NOW, on motion by Scott Ferraro, Esq., attorney for the Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED, that the motion is granted; 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 Complent and as hereaAer 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 of the date of this Judgment, in one parcel, at a public auction at the lobby of the Genesse County Building, No. 1, Main and Court Streets, Batavia, New York, by and under the direction of David DiMatteo, Esq., PO Box 190, Warsaw, NY 14569, (585)786-0126 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 the Batavia Daily News; and it is further ORDERED, ADJUDGED AND DECREED, that by accepting this appoin::nent, the Referee certifies that he/she is in comp"a=ce with Part 36 of the Rules of the Chief Judge (22 17-064902 Judgment of Foreciosure and Sale Page 2 of 12 3 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 NYCRR Part 36), including, but not limited to §36.2(c) ("Disqualifications from app:5±ent") and §36.2 (d) ("Limitations on appc5±-ts based upon compensation"); and, if the Referee is disqualified from receiving an appai=*==t pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED, ADJU DGED, AND DECREED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself withcat compliance with Part 36 of the Rules of the Chief Ad=i=istrative Judge; and it is further ORDERED, ADJUDGED, AN D 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 or the Referee has received a written bid and Terms of Sale from Plaintift its successors and/or assigns, or its representative; and it is further ORDERED, ADJU DGED, 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 sä1e as soon as reasonably practicable; and it is further ORDERED, ADJUDGED, AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintif f s attorney, just as though Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED, AN D 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 17-064902 Judgment of Foreclosure and Sale Page 3 of 12 4 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 successful bidder is Plaintiff in which case no deposit against the purchase price shall be required; and it is further ORDERED, ADJUDGED, AND DECR,EED 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 immediately and on the same day be reoffered at auction; and it is further ORDERED, ADJUDGED, AND DECREED that the Referee shall &en deposit the down payment and proceeds of sale, as necessary, in the Referee's I.O.L.A. account maint±ed for legal clients, in his/her own name as Referee, in accordance with CPLR 2609; and it is further ORDERED, ADJUDGED AND DECREED, that aAer the property is sold, the Refem shall execute a deed to the purchaser, in acccrdance with RPAPL §1353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED, AN D DECREED that, in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 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 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 180 days of the execution of the deed of sale, or (b) within 90 days of compledon of construction, renovation, or rehabilitatica of the property, provided that such constructica, renovation, or rehabilitation proceeded diligently to completion, whichever comes first, provided however, that a court of competent jurisdiction may grant an extension for good cause; and it is further 17-064902 Judgment of Foreclosure and Sale Page 4 of 12 5 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 ORDERED, ADJUDGED, AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay there£=m, 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 at the time of sale with such interest or pm les 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 his/her own name as Referee in their I.O.L.A. account mai+3=ad for legal clients, and shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR 8003(b), not to exceed $750.00 unless the property sells for $50,000.00 or more or in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of $ j®0 ach adjournment or cancellation, unless the Referee caused the delay; SECOND: All taxes, assessments, and water rates that are liens upon the preparty and monies necessary to redeem the property from any sales for unpaid taxes, not become other ==='a+• assessments, or water rates that have absolute, and any 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 responsible for the payment of penalties or fees parr.mi to this appe-'-±=t. The Purchaser shall hold the Referee harmless from any such pe=alties or fees assessed; 17-064902 Judgment of Foreclosure and Sale Page5 of 12 6 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 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; FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following: Amount Due per Referee's Report: $165,591.03 with interest at the note rate from October 9, 2019 until the date of entry of this judgment, 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 peding cons---''on of this foreclosure sale, not previously included in the cc=putation, upon preseMJen of receipts for said expenditures to the Referee, all together with interest the=on 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: $2,387.46 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: $ 0 is hereby awarded to Plaintiff in additien to costs, with interest at the ª±±ery judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $2,975.00 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutcry rate from the date of entry of this judgment; 17-064902 Judgment of Foreclosure and Sale Page 6 of 12 7 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 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 §1354(4) and funds shall be deposited with the Genesee County Treasurer•, and it is further ORDERED, ADJUDGED ANDDECREED 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 Plaintif Fto 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" 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 emount due to "Fourth" Plaintiff as specified in peregmph above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accorderice with paragraph "Fifth" above; and it is further ORDERED, ADJUDGED ANDDECREED 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 any transfer tax shall be paid in accordance with Tax Law §1404; and it is further ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in "Fourth" accordance with paragraphs "First", "Second", "Third", and above are insufficient to "Fourth" pay Plaintiff the Amount Due per the Referee's Report as set forth in paragraph above, 17-064902 Judgment of Forcolosure and Sale Page 7 of 12 8 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 Plaintiff seek to recover a deficiency judgment against Tracy A. Pollack, unless discharged may in bankruptcy, in accordance with RPAPL §1371 if permitted by law; and it is further ORDERED, ADJU DGED AND DECREED that the mortgaged property is to be sold is" in one parcel in "as physical order and condition, subject to any conditioñ that an inspection of the property would disclose; any 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 buil±g and zoning ordinances of the ardcipality 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 redc=;±: of the United States of America to redeem the property within 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 defedent 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 upon production in hand of the Referee's Deed or upon pmon=1 service of the Referee's deed in accordance with CPLR 308; and it is further ORDERED, ADJU DGED AND DECREED that the Defended in this action and all persons claiming through them and any person ch+wning 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 30 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 17-064902 Judgment of Foreclosure and Sale Page 8 of 12 9 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM INDEX NO. E65940 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/10/2021 . the proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules regarding he=.dling of Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without prior applicatiõn to the Court unless Plaintiffs attorneys shall elect to make such application; 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 redep*iew 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 §1308 to secure and -3=+-4= the property until such time as ownership of the has been transferred and the property 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 comt within six months from the date of entry of this judgment stating whether the sale has occurred and the outcome thereof. 17-064902 Judgment of Foreclosure and Sale Page 9 of 12 10 of 15 FILED: GENESEE COUNTY CLERK 11/10/2021 10:56 AM