Preview
FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024
Exhibit A
FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024
Davidson |
Fink
Attorneys at Law
April 1, 2024
Allcounty Legal Support
Legal Advertising Department
60 Burt Drive
Deer Park, NY 11729
RE: CitiBank, N.A. vs.
ESMEZ,MELISSA& HAMPARSUM
et al.
Premises: 13 Rockland Terrace, Suffern, NY 19901
Index No.: 033599/2022
To Allcounty Legal Support:
As you are aware, the foreclosure auction with regard to the above referenced premises
has been scheduled for May 8, 2024 @
9:30 AM. This letter serves to confirm that
Alicounty Legal Support has agreed to receive and announce our plaintiff s opening bid at
the time of sale.
Once the sale is complete, executed Terms of Sale to my
please return the original
attention. Upon receipt we will prepare
Deed, Referee's Report of Sale and the tax
the
documents to send the Referee to execute together with a self-addressed stamped
envelope to return all original papers.
The bidding instructions, Notice of Sale and Terms of Sale to be executed and returned
with the Terms of Sale will be emailed to your attention at least one day prior to the
auction date. Please ensure copies of all of these documents are brought to the sale for
the referee to execute. Should you have any questions or require anything further, please
feel free to contact our office.
Very truly yours,
DAVIDSONFINK LLP
Stephanie L. Lee
Paralegal
Enclosure(s)
400 Meridian Centre Blvd., Suite 200 | Rochester, NewYork 14618 | 585-546-6448 |
davidsonfink.com
FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024
REFEREE'SNOTICEOFSALEIN FORECLOSURE
SUPREME COURT- COUNTYOF ROCKLAND
CITIBANK, N.A., Plaintiff - against -
HAMPARSUM
ESMEZA/K/A HARRY
ESMEZ, et al Defendant(s).
Pursuant to a Judgment of Foreclosure and Sale entered on February 21, 2024. I, the
undersigned Referee will sell at public auction in the landing above the vestibule
between Courtrooms One and Two of the Rockland County Courthouse, located at 1
South Main Street, NewCity, NY10956 on the 8th day of May, 2024 at 9:30 AM. All
that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being on the westerly side of Rockland Terrace in the
Village of Suffern, Rockland County, New York.
Premises known as 13 Rockland Terrace, Suffern, (Village of Suffem) NY10901.
(SBL#: 54.52-1-62)
Approximate amount of lien $123,313.35 plus interest and costs.
Premises will be sold subject to provisions of filed judgment and terms of sale.
Index No. 033599/2022. Steven Leon Abel, Esq., Referee.
Davidson Fink LLP
Attorney(s) for Plaintiff
400 Meridian Centre Blvd, Ste 200
Rochester, NY14618
Tel. 585/760-8218
Dated: March 12, 2024
During the COVID-19 health emergency, bidders are required to comply with all
governmental health requirements in effect at the time of sale including but not limited to,
wearing face coverings and maintaining social distancing (at least 6-feet apart) during the
auction, while tendering deposit and at any subsequent closing. Bidders are also required to
comply with the Foreclosure Auction Rules and COVID-19 Health Emergency Rules issued by
the Supreme Court of this County in addition to the conditions set forth in the Terms of Sale.
FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024
Davidson I
Fink
Attomeys at Law
April 1, 2024
Steven L. Abel, Esq.
37 Congers Road
NewCity, NY10956
RE: CitiBank, N.A. vs.
ESMEZ, MELISSA& HAMPARSUM
et al.
Premises: 13 Rockland Terrace
Suffern, NY 19901
Index No.: 033599/2022
Dear Referee Abel:
As you are aware, the foreclosure auction with regard to the above referenced
premises has been scheduled for May 8, 2024 9:30 AM. @
Enclosed herewith please find the following documents:
1. Copy of filed Judgment of Foreclosure and Sale;
2. Copy ofNotice of Sale;
3. Copy of Terms of Sale;
The documents included are for your records. Please note your fee will be
forwarded to you with the Referee's Report of Sale if it was not received at the time
of the sale.
Should you have any questions or require anything further, please feel free to
contact our office.
Very truly yours,
DAVIDSONFINK LLP
Stephanie L. Lee
Paralegal
Enclosure(s)
400 Meridian Centre, Blvd., Suite 200 | Rochester, NewYork 14618 | 585-546-6448 |
davidsonfink.com
FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024
FILED : ROCKLANDCOUNTYCLERK 02/21/2024 11: 02 Ali INDEX NO. 033599/2022
NYSCEF DOC. NO. 70 RECEIVEDNYSCEF: 02/20/2024
To commencethe statutory
time period for appeals as of
right (CPLR §5513 [a1), you
are advised to serve a copy
of this Order, with notice of
entry, upon all parties.
COURT'
SUPREME OFTHE STATEOF NEWYORK
COUNTY OF ROCKLAND .
_______------________. ___________x
CITIBANK, N.A.,
Plaintiff, ORDER
CONFIRMING
REFEREE
REPORT/
JUDGMENTOF
FORECLOSURE& SALE
-against-
Index No. 033599/2022
Motion Sequence No, 2
HAMPARSUM ESMEZA/K/A HARRYESMEZ;
MELISSA ESMEZA/K/A MELISSA J. ESMEZ;
HAMPARSUM ESMEZA/K/A HARRYESMEZ,
HI ASJO.HN DOE#1,
Defendants.
--------------------------------------X
HON. DAVID FRIED, A!S.C.
The papers Eded electronically via NYSCEFnumbered 45 through and including 69 ("Motion") were
read and considered herein. Upon such reading and consideration, the Motion, which is unopposed, is
disposed as follows.
UPONthe Summons, Complaint, and Notice of Pendency filed in this action on August 17, 2022,
the .Notice of Motion dated November 28, 2023, the affirmation of Molly L. Chapman, Esq. and the
Plaintiff's Affidavit and Amount Due by Daniel Anderson who is Vice President Document
Execution of Cenlar, FSB, sub-servicer of Plaintiff,
duly sworn to on October 19, 2023, together with
the exhibits annexed thereto, all in support of Plaintiffs motion for a judgment of Foreclosure and
Sale; and
UPONproof that each of the defendants herein has been duly served with the Summons and
Complaint in this action, and either
has voluntarily appeared either personally or by an attorney or has
not served any answer to the Complaint or otherwise appeared, nor had their time to do so
extended;
and it appearing that more than the legally required number of days has elapsed since defendants
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HAMPARSUM ESMEZA/K/A HARRYESMEZ, MELISSA ESMEZA/K/A .MELISSA J.
ESMEZ, and HAMPARSUMESMEZA/K/A HARRYESMEZ, HI AS JOHNDOE#1 were so
served and/or appeared: and Plaintiff having established to the court's satisfaction that a judgment
against defendants is warranted; and
UPONthe affidavit of mailing reflecting compliance with CPLR§3215(g)(3)(iii); and
UPONproof that non-appearing defendants ESMEZA/K/A HARRYESMEZ,
HAMPARSUM.
MELISSA ES.MEZA/K/A MELISSA J. ESMEZ, and HAMPARSUM ESMEZA/K/A HARRY
ESMEZ, III ASJOHNDOE#1 are not absent, in accordance with RPAPL§1321(2); and
UPONa Referee baving 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
UPONreading and filing the Report of Julie Weinstein, Esq. dated November 24, 2023, showing the
sum of $123,313.35 due as of October 1, 2023 and that the mortgaged property may not be sold in
parcels; and
UPONproof of due notice of this motion upon all parties entitled to receive same, and upon all the
prior proceedings and papers fded herein;
NOW,on inotion by Molly L Chapman, Esq., attomey for Plaintiff, it is
hereby
ANDDECREED,that
ORDERED,ADJUDGED plaintiff's motion is granted to the extent
specified herein; and it is further
ANDDECREED,that
ORDERED,ADJUDGED within five days hereof, plaintiff shall file
NY$CEF, serve on defendants by ILS. Mail and
via file an affidavit of such service via
NYSCEFthe nameand telephone number of the current servicer of this loan consistent with
RPAPL$135)); and it is further
AND DECREED,that
ORDERED,ADJUDGED the report of the computational Referee
hereinbefore appointed is
hereby ratified and confirmed; and it is further
ANDDECREED,that
ORDERED,ADJUDGED plaintiff is entitled to judgment
establishing
the validity of said mortgage and that the plaintiff is entitled to recover on said mortgage the sum of
$123,313.35 due as of October 1, thereon to the date of the closing of title of the
2023, with interest
referee's sale of the mortgaged premises, plus any amount paid by plaintiff for local realty taxes, water
charges and assessments, hazard and FHA insurance, and the preservation or protection of the
property, in accordance herewith; and it is further
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ORDERED,ADJUDGED AND
DECREED,that, pursuant to §1351(1) of the Real Property
Actions and Proceedings Law, the said premises shall be sold under the direction of the
Referee, at
public auction within 90 days of the date of this Judgment of
Foreclosure and Sale, and said Referee
shall give public notice of the time and place of sale in accordance with
RPAPL§231 in The Journal
News at the Rockland County Courthouse, located at 1 South Main New City, NY10956;
Street,
provided, however, that:
(1) Plaintiff / the Referee shall schedule and conduct such sale in strict compliance
with the Auction Rules for the Ninth Judicial District attached hereto: any superseding
judicial or executive order the time. place or manner of foreclosure
generally regulating
auctions; and all public health rules and regulations then in effect;
(2) The 90-day sale deadline hereunder shall be deemed superseded: (a) to the extent
of any judicial or executive order that becomes effective hereafter during such 90-day sale
period that extends the and/or (b) if the Referee attests that it would be
sale deadline;
impracticable to conduct the sale within 90 days hereofin compliance with the Auction
Rules,
in which ngse the Referee
may conduct the sale within 150 days hereof without further Order
of this Court pursuant to CPLR§2004 or otherwise, and
any such sale shall be deemed timely
for purposes hereof:
(3) Plaintiff and/or the Referee shall cause to be attached Notice of Sale a copy
to the
of the Auction Rules and any superseding order applicable at the time thereof; and
Auction Rules or any superseding judicial or executive order are inconsistent
(4) If the
herewith, the former shall govern to the limited extent of any such inconsistency, and the
remainder hereof shall remain in full force and effect; and it is further
ANDDECREED,that
ORDERED,ADJUDGED by accepting this appointment, the Referee
that he/she
certified is in compliance with Part 36 of the Rules of the Chief fudge (22 NYCRRpart
36), 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
ANDDECREED,that
ORDERED,ADJUDGED plaintiff on such sale, or any other party to this
action, may become purchaser, the payment of all taxes, transfer fees and costs, including NewYork
State and local T'ransfer taxes and the cost of the deed stamps to be attached to the
referee's deed
shall be paid by the purchaser.
Any and all maintenance fees and assessments, taxes, water rates and
any fees associated with the transfer of title for the subject premises accrued from the sale date forward
shall be the obligation of the purchaser, and that said referee shall sell and said premises subject convey
to the following: (1) Any state of which would be shown by an accurate survey;
fact
(2) All covenants,
restrictions, easements, agreements and reservations, if any, on record, and to violations
any thereof;
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(3) Any and all
building and zoning regulations, restrictions and ordinances of the municipality in
which said premises are situated, and
any violations of the same; (4) Any and all orders or requirements
issued
by any governmental body having jurisdiction against or affecting said premises pursuant to 28
USC§2410; (5) The right, if any, of the United States of America to redeem the premises pursuant to
28 USC§2410; (6) The physical condition of or structure on the premises as of the date
any building
of sale hereunder; and Any prior mortgages or
(7) outstanding liens that may exist on the subject
premises; and it is further
ANDDECREED,that
ORDERED,ADJUDGED said referee shall then deposit the balance of
the proceeds of such sale in his/her own name as referee and thereafter shall make the following
payments, and his/her checks drawn for such purpose shall be paid by said depository:
(1) The Referee shall pay a sum of $750.00 for referee fees as provided in CPLR§8003(b);
additionally, in the event a scheduled sale cancelled
is
by any party to this action within 24 hours of
such scheduled sale, the Referee will be entitled to a cancellation fee of $250.00;
(1-a) The Referee shall pay any guardian ad litem and military hereinbefore appointed
attorney
shall be paid the sum of $ N/A;
(2) The Referee shall pay all local realty taxes, water rates and assessments which are or shall
become liens on the said premises to the date of sale, and redeem any such liens that may be sold;
(3) The Referee shall pay the advertising and posting expenses shown by the bills presented
and certified by said Referee to be correct;
(4) The Referee shall pay to plaintiff or plaintiff's the sutn of $2,307.00, for costs, fees
attorney
and disbursements of this action, to be taxed by the Clerk of the Court;
(5) The Referee shall pay to plaintiff's attorney $4,950.00 for reasonable attorney's fees and no
further fees as provided in the note and mortgage; and
The Referee
shall pay the surn of $123,313.35 due as of October
(6) 1, 2023, with interest
thereon to the date of the closing of title of the Referee's sale of the mortgaged
prefnises, and also any
amounts paid by plaintiff for any hazard and FHAinsurance, or for the preservation of the property
and, unless the premises sold subject thereto, any payments to all local
necessary satisfy realty taxes,
water and other municipal charges or assessments, and the Referee shall take a receipt or
affidavit
thereof and fde it with the report of sale; and it is further
ANDDECREED,that
ORDERED,ADJUDGED herein shall, within 30 the Referee appointed
days of the foreclosure and and the proper conveyance
completing sale, executing to the purchasers,
file with the Rocidand
County Clerk a report of such sale, and the purchaser or purchasers at such sale
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shall be let into possession forthwith on production of the Referee's deed, and that if the proceeds of
sale be insufficient to pay the amount that are reported due to plaintiff with the expenses of the
aforesaid sale, plus interests, costs, allowances and local realty taxes, water charges and assessments
and interest as aforesaid, the said Referee shall
specify the amounts of such deficiencies in the report
of sale, and plaintiff may apply to this Court for such
deficiency judgment upon notice, and also upon
complying with RPAPL§1371; and it is further
ANDDECREED,that
ORDERED,ADJUDGED the Referee shall deposit all funds received
pursuant hereto in his or her own nameas Referee in the Referee's IOLA account maintained for legal
clients at an FDIC-insured bank within the state of NewYork; and it is further
ANDDECREED,that
ORDERED,ADJUDGED in case the plaintiff become the purchaser
shall
of the premises directed to be sold at an amount equal to or less than the amount due hereunder, the
payment by the plaintiff to said Referee of the sum bid by
it for said premises or
any part thereof is
hereby dispensed with and the plaintiff be given due credit and allowance
shall
by said referee for the
amount due, and that plaintiff, before the delivery of the deed to it, shall the fee of the referee and
pay
the expenses of sale and
allowances, costs and
all as provided for above, and all local
realty taxes,
assessments and water rents which be a upon said premises at the time of such sale, unless
may lien
the premises are sold subject thereto; and it is further
ANDDECREED,that
ORDERED,ADJUDGED each and all of the defendants in this action,
and also all persons claiming under them or any of them, after the of
filing a notice of pendency of
action, be and the same hereby are forever barred and foreclosed of all right, claim, lien, title, interest
and equity of redemption in said premises and every part thereof, except nothing herein shall bar
any
right of the United States of America to redeem as provided in 28 USC§2410; and it is further
ANDDECREED,that
ORDERED,ADJUDGED in the event that the plaintiff shall elect to
accept a purchase mortgage from
money any purchaser or purchasers at such sale, the amount thereof
shall be credit against the amount due the phantiff and that the purchaser, or purchasers,
hereunder,
shall not be required to pay the same in be credited upon its bid with such amount, and
cash but shall
that the referee take plaintiff's receipt for such amount and file it with his report of sale; and it is
ANDDECREED,that
ORDERED,ADJUDGED within thirty (30) days of the foreclosure sale,
the Referee complete the Foreclosure Action Surplus Monies Form, upload the completed
shall
Form
to the NYSCEF system as a "FORECLOSURE ACTIONSURPLUSMONIESFORM"and send a
copy of the completed Form directly to the Foreclosure Coutt; provided that if this action is not
subject to electronic fding, the Referee shali file such Form with the Rockland
County Clerk's office,
and send a copy of the completed Form
direcdy to the Foreclosure Court; and it is further
ANDDECREED,that
ORDERED,ADJUDGED this matter is scheduled for a conference on
June i3, 2024 at 9:15AM. The purpose of this conference to determine
is whether the foreclosure
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sale has occurred as ordered, the outcome of such sale and to make such further orders as the Court
deems necessary. Appearances by the parties and appointed Referee are required UNLESS: (1) a
completed Foreclosure Action Surplus Monies Form has been uploaded and received by the
undersigned one week prior to this date or (2) the Referee notifies the Court in writing one week prior
to this date that the sale is not going to occur prior to this date and requests a new date based upon
when he/she believes the sale will occur; and it is further
ORDERED,ONTHE COURT'S OWN
MOTION, that Julie Weinstein, Esq., the Referee
appointed heretofore, is hereby discharged and relieved of all duties and obligations in this action in
light of her recent employment
by the New York State Judiciary; and it is further
ORDERED,that STEVENL. ABEL, ESQs, with an address of POBox 816, Nyack, New York
10960 (Phone Number: 845-638-4666), is hereby appointed Substitute Referee in the place and
stead of Julie Weinstein, Esq., and on the same terms and conditions as the original Order
appointing
the original Referee; and it is further
ORDERED,that by accepting this appointment the Substitute Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22NYCRR Part but not
36), including,
limited ("Disqualifications from and 362(d)
to, §§36.2(c) appointment") ("Limitations on
appointments based on compensation"); and it is further
ORDERED,that all other provisions, of all prior Orders of the Court, remain in full force and effect,
notwithstanding the appointment, here, of a Substitute Referee.
ANDDECREED,that
ORDERED,ADJUDGED within 10 days of the date of entry hereof,
plaintiff shall serve a copy hereof with of entry upon the owner of the
notice
equity of rede1nption,
any tenants named in the action, the Referee previously appointed, the Referee appointed herein, and
any other entided to and with the Court a suitable affirmation
party notice, file of service.
A description of the said mortgaged premises hereinbefore mentioned is attached hereto as Schedule
A, the Auction Rules are attached hereto as Schedule B, and Plaintiff's of
Bill Costs are attached as
Schedule C.
The foregoing constitutes the Decision & Order of this Court
Dated: NewCity, New York E N T E R:
February 20, 2024
a
HON. DAVID FRIED, A.J.S.C.
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SCHEDULEA
LEGALDESCRIPTION
All that certain plot, piece or parcel
of land, with the buildings and improvements thereon
erected,situate. lying and being on the westerly side of Rockland Terrace in the Village of
Suffern, Rockland County, New York, and known as Lot No. 83 on a Map of the
Comesky
Preview
FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 Exhibit A FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 Davidson | Fink Attorneys at Law April 1, 2024 Allcounty Legal Support Legal Advertising Department 60 Burt Drive Deer Park, NY 11729 RE: CitiBank, N.A. vs. ESMEZ,MELISSA& HAMPARSUM et al. Premises: 13 Rockland Terrace, Suffern, NY 19901 Index No.: 033599/2022 To Allcounty Legal Support: As you are aware, the foreclosure auction with regard to the above referenced premises has been scheduled for May 8, 2024 @ 9:30 AM. This letter serves to confirm that Alicounty Legal Support has agreed to receive and announce our plaintiff s opening bid at the time of sale. Once the sale is complete, executed Terms of Sale to my please return the original attention. Upon receipt we will prepare Deed, Referee's Report of Sale and the tax the documents to send the Referee to execute together with a self-addressed stamped envelope to return all original papers. The bidding instructions, Notice of Sale and Terms of Sale to be executed and returned with the Terms of Sale will be emailed to your attention at least one day prior to the auction date. Please ensure copies of all of these documents are brought to the sale for the referee to execute. Should you have any questions or require anything further, please feel free to contact our office. Very truly yours, DAVIDSONFINK LLP Stephanie L. Lee Paralegal Enclosure(s) 400 Meridian Centre Blvd., Suite 200 | Rochester, NewYork 14618 | 585-546-6448 | davidsonfink.com FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 REFEREE'SNOTICEOFSALEIN FORECLOSURE SUPREME COURT- COUNTYOF ROCKLAND CITIBANK, N.A., Plaintiff - against - HAMPARSUM ESMEZA/K/A HARRY ESMEZ, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered on February 21, 2024. I, the undersigned Referee will sell at public auction in the landing above the vestibule between Courtrooms One and Two of the Rockland County Courthouse, located at 1 South Main Street, NewCity, NY10956 on the 8th day of May, 2024 at 9:30 AM. All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being on the westerly side of Rockland Terrace in the Village of Suffern, Rockland County, New York. Premises known as 13 Rockland Terrace, Suffern, (Village of Suffem) NY10901. (SBL#: 54.52-1-62) Approximate amount of lien $123,313.35 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 033599/2022. Steven Leon Abel, Esq., Referee. Davidson Fink LLP Attorney(s) for Plaintiff 400 Meridian Centre Blvd, Ste 200 Rochester, NY14618 Tel. 585/760-8218 Dated: March 12, 2024 During the COVID-19 health emergency, bidders are required to comply with all governmental health requirements in effect at the time of sale including but not limited to, wearing face coverings and maintaining social distancing (at least 6-feet apart) during the auction, while tendering deposit and at any subsequent closing. Bidders are also required to comply with the Foreclosure Auction Rules and COVID-19 Health Emergency Rules issued by the Supreme Court of this County in addition to the conditions set forth in the Terms of Sale. FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 Davidson I Fink Attomeys at Law April 1, 2024 Steven L. Abel, Esq. 37 Congers Road NewCity, NY10956 RE: CitiBank, N.A. vs. ESMEZ, MELISSA& HAMPARSUM et al. Premises: 13 Rockland Terrace Suffern, NY 19901 Index No.: 033599/2022 Dear Referee Abel: As you are aware, the foreclosure auction with regard to the above referenced premises has been scheduled for May 8, 2024 9:30 AM. @ Enclosed herewith please find the following documents: 1. Copy of filed Judgment of Foreclosure and Sale; 2. Copy ofNotice of Sale; 3. Copy of Terms of Sale; The documents included are for your records. Please note your fee will be forwarded to you with the Referee's Report of Sale if it was not received at the time of the sale. Should you have any questions or require anything further, please feel free to contact our office. Very truly yours, DAVIDSONFINK LLP Stephanie L. Lee Paralegal Enclosure(s) 400 Meridian Centre, Blvd., Suite 200 | Rochester, NewYork 14618 | 585-546-6448 | davidsonfink.com FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 FILED : ROCKLANDCOUNTYCLERK 02/21/2024 11: 02 Ali INDEX NO. 033599/2022 NYSCEF DOC. NO. 70 RECEIVEDNYSCEF: 02/20/2024 To commencethe statutory time period for appeals as of right (CPLR §5513 [a1), you are advised to serve a copy of this Order, with notice of entry, upon all parties. COURT' SUPREME OFTHE STATEOF NEWYORK COUNTY OF ROCKLAND . _______------________. ___________x CITIBANK, N.A., Plaintiff, ORDER CONFIRMING REFEREE REPORT/ JUDGMENTOF FORECLOSURE& SALE -against- Index No. 033599/2022 Motion Sequence No, 2 HAMPARSUM ESMEZA/K/A HARRYESMEZ; MELISSA ESMEZA/K/A MELISSA J. ESMEZ; HAMPARSUM ESMEZA/K/A HARRYESMEZ, HI ASJO.HN DOE#1, Defendants. --------------------------------------X HON. DAVID FRIED, A!S.C. The papers Eded electronically via NYSCEFnumbered 45 through and including 69 ("Motion") were read and considered herein. Upon such reading and consideration, the Motion, which is unopposed, is disposed as follows. UPONthe Summons, Complaint, and Notice of Pendency filed in this action on August 17, 2022, the .Notice of Motion dated November 28, 2023, the affirmation of Molly L. Chapman, Esq. and the Plaintiff's Affidavit and Amount Due by Daniel Anderson who is Vice President Document Execution of Cenlar, FSB, sub-servicer of Plaintiff, duly sworn to on October 19, 2023, together with the exhibits annexed thereto, all in support of Plaintiffs motion for a judgment of Foreclosure and Sale; and UPONproof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and either has voluntarily appeared either personally or by an attorney or has not served any answer to the Complaint or otherwise appeared, nor had their time to do so extended; and it appearing that more than the legally required number of days has elapsed since defendants 1 of 13 FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 FILED: ROCKLANDCOUNTYCLERK O2/21/2024 11: 02 AM) INDEX NO. 033599/2022 NYSCEFDOC. NO. 70 RECEIVEDNYSCEF: 02/20/2024 HAMPARSUM ESMEZA/K/A HARRYESMEZ, MELISSA ESMEZA/K/A .MELISSA J. ESMEZ, and HAMPARSUMESMEZA/K/A HARRYESMEZ, HI AS JOHNDOE#1 were so served and/or appeared: and Plaintiff having established to the court's satisfaction that a judgment against defendants is warranted; and UPONthe affidavit of mailing reflecting compliance with CPLR§3215(g)(3)(iii); and UPONproof that non-appearing defendants ESMEZA/K/A HARRYESMEZ, HAMPARSUM. MELISSA ES.MEZA/K/A MELISSA J. ESMEZ, and HAMPARSUM ESMEZA/K/A HARRY ESMEZ, III ASJOHNDOE#1 are not absent, in accordance with RPAPL§1321(2); and UPONa Referee baving 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 UPONreading and filing the Report of Julie Weinstein, Esq. dated November 24, 2023, showing the sum of $123,313.35 due as of October 1, 2023 and that the mortgaged property may not be sold in parcels; and UPONproof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers fded herein; NOW,on inotion by Molly L Chapman, Esq., attomey for Plaintiff, it is hereby ANDDECREED,that ORDERED,ADJUDGED plaintiff's motion is granted to the extent specified herein; and it is further ANDDECREED,that ORDERED,ADJUDGED within five days hereof, plaintiff shall file NY$CEF, serve on defendants by ILS. Mail and via file an affidavit of such service via NYSCEFthe nameand telephone number of the current servicer of this loan consistent with RPAPL$135)); and it is further AND DECREED,that ORDERED,ADJUDGED the report of the computational Referee hereinbefore appointed is hereby ratified and confirmed; and it is further ANDDECREED,that ORDERED,ADJUDGED plaintiff is entitled to judgment establishing the validity of said mortgage and that the plaintiff is entitled to recover on said mortgage the sum of $123,313.35 due as of October 1, thereon to the date of the closing of title of the 2023, with interest referee's sale of the mortgaged premises, plus any amount paid by plaintiff for local realty taxes, water charges and assessments, hazard and FHA insurance, and the preservation or protection of the property, in accordance herewith; and it is further 2 of 13 FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 INDEX No. 033599/2022 NYSCEF DOC. NO. 70 RECEIVEDNYSCEF: 02/20/2024 ORDERED,ADJUDGED AND DECREED,that, pursuant to §1351(1) of the Real Property Actions and Proceedings Law, the said premises shall be sold under the direction of the Referee, at public auction within 90 days of the date of this Judgment of Foreclosure and Sale, and said Referee shall give public notice of the time and place of sale in accordance with RPAPL§231 in The Journal News at the Rockland County Courthouse, located at 1 South Main New City, NY10956; Street, provided, however, that: (1) Plaintiff / the Referee shall schedule and conduct such sale in strict compliance with the Auction Rules for the Ninth Judicial District attached hereto: any superseding judicial or executive order the time. place or manner of foreclosure generally regulating auctions; and all public health rules and regulations then in effect; (2) The 90-day sale deadline hereunder shall be deemed superseded: (a) to the extent of any judicial or executive order that becomes effective hereafter during such 90-day sale period that extends the and/or (b) if the Referee attests that it would be sale deadline; impracticable to conduct the sale within 90 days hereofin compliance with the Auction Rules, in which ngse the Referee may conduct the sale within 150 days hereof without further Order of this Court pursuant to CPLR§2004 or otherwise, and any such sale shall be deemed timely for purposes hereof: (3) Plaintiff and/or the Referee shall cause to be attached Notice of Sale a copy to the of the Auction Rules and any superseding order applicable at the time thereof; and Auction Rules or any superseding judicial or executive order are inconsistent (4) If the herewith, the former shall govern to the limited extent of any such inconsistency, and the remainder hereof shall remain in full force and effect; and it is further ANDDECREED,that ORDERED,ADJUDGED by accepting this appointment, the Referee that he/she certified is in compliance with Part 36 of the Rules of the Chief fudge (22 NYCRRpart 36), 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 ANDDECREED,that ORDERED,ADJUDGED plaintiff on such sale, or any other party to this action, may become purchaser, the payment of all taxes, transfer fees and costs, including NewYork State and local T'ransfer taxes and the cost of the deed stamps to be attached to the referee's deed shall be paid by the purchaser. Any and all maintenance fees and assessments, taxes, water rates and any fees associated with the transfer of title for the subject premises accrued from the sale date forward shall be the obligation of the purchaser, and that said referee shall sell and said premises subject convey to the following: (1) Any state of which would be shown by an accurate survey; fact (2) All covenants, restrictions, easements, agreements and reservations, if any, on record, and to violations any thereof; 3 of 13 FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 [IiTLED : ROCKLANDCOUNTYCLERK 02/21/2024 11: 02 AM) INDEX NO. 033599/2022 NYSCEF DOC. NO. 70 RECEIVEDNYSCEF: 02/20/2024 (3) Any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and any violations of the same; (4) Any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises pursuant to 28 USC§2410; (5) The right, if any, of the United States of America to redeem the premises pursuant to 28 USC§2410; (6) The physical condition of or structure on the premises as of the date any building of sale hereunder; and Any prior mortgages or (7) outstanding liens that may exist on the subject premises; and it is further ANDDECREED,that ORDERED,ADJUDGED said referee shall then deposit the balance of the proceeds of such sale in his/her own name as referee and thereafter shall make the following payments, and his/her checks drawn for such purpose shall be paid by said depository: (1) The Referee shall pay a sum of $750.00 for referee fees as provided in CPLR§8003(b); additionally, in the event a scheduled sale cancelled is by any party to this action within 24 hours of such scheduled sale, the Referee will be entitled to a cancellation fee of $250.00; (1-a) The Referee shall pay any guardian ad litem and military hereinbefore appointed attorney shall be paid the sum of $ N/A; (2) The Referee shall pay all local realty taxes, water rates and assessments which are or shall become liens on the said premises to the date of sale, and redeem any such liens that may be sold; (3) The Referee shall pay the advertising and posting expenses shown by the bills presented and certified by said Referee to be correct; (4) The Referee shall pay to plaintiff or plaintiff's the sutn of $2,307.00, for costs, fees attorney and disbursements of this action, to be taxed by the Clerk of the Court; (5) The Referee shall pay to plaintiff's attorney $4,950.00 for reasonable attorney's fees and no further fees as provided in the note and mortgage; and The Referee shall pay the surn of $123,313.35 due as of October (6) 1, 2023, with interest thereon to the date of the closing of title of the Referee's sale of the mortgaged prefnises, and also any amounts paid by plaintiff for any hazard and FHAinsurance, or for the preservation of the property and, unless the premises sold subject thereto, any payments to all local necessary satisfy realty taxes, water and other municipal charges or assessments, and the Referee shall take a receipt or affidavit thereof and fde it with the report of sale; and it is further ANDDECREED,that ORDERED,ADJUDGED herein shall, within 30 the Referee appointed days of the foreclosure and and the proper conveyance completing sale, executing to the purchasers, file with the Rocidand County Clerk a report of such sale, and the purchaser or purchasers at such sale 4 of 13 FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 INDEX NO. 033599/2022 NYSCEF DOC. NO. 70 RECEIVEDNYSCEF: 02/20/2024 shall be let into possession forthwith on production of the Referee's deed, and that if the proceeds of sale be insufficient to pay the amount that are reported due to plaintiff with the expenses of the aforesaid sale, plus interests, costs, allowances and local realty taxes, water charges and assessments and interest as aforesaid, the said Referee shall specify the amounts of such deficiencies in the report of sale, and plaintiff may apply to this Court for such deficiency judgment upon notice, and also upon complying with RPAPL§1371; and it is further ANDDECREED,that ORDERED,ADJUDGED the Referee shall deposit all funds received pursuant hereto in his or her own nameas Referee in the Referee's IOLA account maintained for legal clients at an FDIC-insured bank within the state of NewYork; and it is further ANDDECREED,that ORDERED,ADJUDGED in case the plaintiff become the purchaser shall of the premises directed to be sold at an amount equal to or less than the amount due hereunder, the payment by the plaintiff to said Referee of the sum bid by it for said premises or any part thereof is hereby dispensed with and the plaintiff be given due credit and allowance shall by said referee for the amount due, and that plaintiff, before the delivery of the deed to it, shall the fee of the referee and pay the expenses of sale and allowances, costs and all as provided for above, and all local realty taxes, assessments and water rents which be a upon said premises at the time of such sale, unless may lien the premises are sold subject thereto; and it is further ANDDECREED,that ORDERED,ADJUDGED each and all of the defendants in this action, and also all persons claiming under them or any of them, after the of filing a notice of pendency of action, be and the same hereby are forever barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in said premises and every part thereof, except nothing herein shall bar any right of the United States of America to redeem as provided in 28 USC§2410; and it is further ANDDECREED,that ORDERED,ADJUDGED in the event that the plaintiff shall elect to accept a purchase mortgage from money any purchaser or purchasers at such sale, the amount thereof shall be credit against the amount due the phantiff and that the purchaser, or purchasers, hereunder, shall not be required to pay the same in be credited upon its bid with such amount, and cash but shall that the referee take plaintiff's receipt for such amount and file it with his report of sale; and it is ANDDECREED,that ORDERED,ADJUDGED within thirty (30) days of the foreclosure sale, the Referee complete the Foreclosure Action Surplus Monies Form, upload the completed shall Form to the NYSCEF system as a "FORECLOSURE ACTIONSURPLUSMONIESFORM"and send a copy of the completed Form directly to the Foreclosure Coutt; provided that if this action is not subject to electronic fding, the Referee shali file such Form with the Rockland County Clerk's office, and send a copy of the completed Form direcdy to the Foreclosure Court; and it is further ANDDECREED,that ORDERED,ADJUDGED this matter is scheduled for a conference on June i3, 2024 at 9:15AM. The purpose of this conference to determine is whether the foreclosure 5 of 13 FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 [FILED : ROCKLANDCOUNTYCLERK 02/21/202 4 11: 02 AM) INDEX NO. 033599/2022 NYSCEF DOC. NO. 70 . RECEIVEDNYSCEF: 02/20/2024 sale has occurred as ordered, the outcome of such sale and to make such further orders as the Court deems necessary. Appearances by the parties and appointed Referee are required UNLESS: (1) a completed Foreclosure Action Surplus Monies Form has been uploaded and received by the undersigned one week prior to this date or (2) the Referee notifies the Court in writing one week prior to this date that the sale is not going to occur prior to this date and requests a new date based upon when he/she believes the sale will occur; and it is further ORDERED,ONTHE COURT'S OWN MOTION, that Julie Weinstein, Esq., the Referee appointed heretofore, is hereby discharged and relieved of all duties and obligations in this action in light of her recent employment by the New York State Judiciary; and it is further ORDERED,that STEVENL. ABEL, ESQs, with an address of POBox 816, Nyack, New York 10960 (Phone Number: 845-638-4666), is hereby appointed Substitute Referee in the place and stead of Julie Weinstein, Esq., and on the same terms and conditions as the original Order appointing the original Referee; and it is further ORDERED,that by accepting this appointment the Substitute Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22NYCRR Part but not 36), including, limited ("Disqualifications from and 362(d) to, §§36.2(c) appointment") ("Limitations on appointments based on compensation"); and it is further ORDERED,that all other provisions, of all prior Orders of the Court, remain in full force and effect, notwithstanding the appointment, here, of a Substitute Referee. ANDDECREED,that ORDERED,ADJUDGED within 10 days of the date of entry hereof, plaintiff shall serve a copy hereof with of entry upon the owner of the notice equity of rede1nption, any tenants named in the action, the Referee previously appointed, the Referee appointed herein, and any other entided to and with the Court a suitable affirmation party notice, file of service. A description of the said mortgaged premises hereinbefore mentioned is attached hereto as Schedule A, the Auction Rules are attached hereto as Schedule B, and Plaintiff's of Bill Costs are attached as Schedule C. The foregoing constitutes the Decision & Order of this Court Dated: NewCity, New York E N T E R: February 20, 2024 a HON. DAVID FRIED, A.J.S.C. 6 of 13 FILED: ROCKLAND COUNTY CLERK 05/15/2024 01:57 PM INDEX NO. 033599/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 05/15/2024 FILED : ROCKLANDCOUNTYCLERK 02/21/2024 11: O2 AN| INDEX NO. 033599/2022 NYSCEF DOC. NO. 70 RECEIVEDNYSCEF: 02/20/2024 SCHEDULEA LEGALDESCRIPTION All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate. lying and being on the westerly side of Rockland Terrace in the Village of Suffern, Rockland County, New York, and known as Lot No. 83 on a Map of the Comesky