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D OUN PK 04 BV INDEX NO. E69542
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 04/25/2024
At Part —_ of the Supreme Court,
held in and for the County of
GENESEE at the Supreme Courthouse
thereof, 1 West Main Street, Batavia,
CTD NY 14020 on the
L » 20,
day pf
PRESENT: HON. DIANE ¥, DEVI
JUSTICE OF THE SUPREME COURT
Index No. E69542
Santander Bank, N.A.,
Plaintiff, ORDER CONFIRMING REFEREE
REPORT AND JUDGMENT OF
-against- FORECLOSURE AND SALE
Genesee County Treasurer as Administrator of the 25 Seneca Avenue
Estate of Mary L. Torcello a/k/a Mary Lou Batavia, NY 14020-2311
Torcello, Joan Hale as Heir/Distributee of the Estate
of Mary L. Torcello a/k/a Mary Lou Torcello, Linda Section: 84.034
Say as Heir/Distributee of the Estate of Mary L. Block: 3
Torcello a/k/a Mary Lou Torcello, Tabatha Torcello Lot: 44
as Heir/Distributee of the Estate of Mary L.
Torcello a/k/a Mary Lou Torcello, Tina Webber as Santander Bank, N.A.
Heir/Distributee of the Estate of Mary L. Torcello 1-800-669-0340 x 6732
a/k/a Mary Lou Torcello, Terri Bucholz as
Heit/Distributee of the Estate of Mary L. Torcello
a/k/a Mary Lou Torcello, Frank Torcello as
Heir/Distributee of the Estate of Mary L. Torcello
a/k/a Mary Lou Torcello, Mary K. Yanik as
Guardian Ad Litem for Jordan Torcello as
Heir/Distributee of the Estate of Mary L. Torcello
a/k/a Mary Lou Torcello, MEB Loan Trust IV, New
York State Affordable Housing Corporation,
Genesee Valley Rural Preservation Council, Inc.,
United States of America-Department of Treasury-
Internal Revenue Services, New York State
Department of Taxation and Finance-Tax
Compliance Division-C.0.-ATC,
John Reigle, as Heir at law of Mary L. Torcello
a/k/a Mary Lou Torcello, Michael Reigle as heir at
law of Mary L. Torcello a/k/a Mary Lou Torcello,
Deanna Carlson as heir at law of Mary L. Torcello
a/k/a Mary Lou Torcello, Kevin Reigle as heir at
law of Mary L. Torcello a/k/a Mary Lou Torcello,
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Christopher Reigle as heir at law of Mary L.
Torcello a/k/a Mary Lou Torcello,
Defendants.
wee nennee Xx
UPON the Summons, Complaint, and Notice of Pendency filed in this action on
November 18, 2021, the Notice of Pendency refiled on _ March 12, 2024 the
Notice of Motion dated February 5, 2024, the affirmation by Edward Wiener, Esq the affidavit
of Christopher Miranda, sworn to February 9, 2023 , together with the exhibits annexed
thereto, all in support of Plaintiff s motion for a Judgment of Foreclosure and Sale; and
UPON proof that each of the defendants herein has been duly served with the
Summons and Complaint in this action; and it appearing that more than the legally required
number of days has elapsed since all defendants were so served and Plaintiff having
established to the court's satisfaction that a judgment against defendants, Genesee County
Treasurer as Administrator of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Joan Hale
as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Linda Say as
Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Tabatha Torcello as
Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Tina Webber as
Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Terri Buchoiz as
Heit/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Frank Torcello as
Heir/Distributce of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Mary K. Yanik as
Guardian Ad Litem for Jordan Torcello as Heir/Distributee of the Estate of Mary L. Torcello
a/k/a Mary Lou Torcello, New York State Affordable Housing Corporation, Genesee Valley
Rural Preservation Council, Inc., United States of America-Department of Treasury-Internal
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Revenue Services, New York State Department of Taxation and Finance-Tax Compliance
Division-C.0,-ATC, John Reigle, as Heir at law of Mary L. Torcello a/k/a Mary Lou Torcello,
Michael Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Deanna Carlson as
heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Kevin Reigle as heir at law of Mary L.
Torcello a/k/a Mary Lou Torcello, Christopher Reigle as heir at law of Mary L. Torcello a/k/a
Mary Lou Torcello, is warranted; and.
UPON the Notice of Appearance of MEB Loan Trust IV; and
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(ii); and
UPON proof that the non-appearing defendants are not absent, in accordance with
RPAPL §1321(2); and
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 Frank V. Zinni, Esq., dated the 19th day of
January, 2024, showing the sum of $66,10833, due as of February 1, 2023, and that the
mortgaged property may not be sold in parcels; and
UPON proof of due notice of this motion upon all parties entitled to receive same,
and upon all the prior proceedings and papers filed herein;
NOW, on motion by Edward Wiener, 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
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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 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 of the date of this Judgment, in one parcel, at a public
auction at the 4 West Moin Styeet “Potavie ACs I¢o3o@ by and
under the direction of Frank V. Zinni, Esq., P.O. Box 406, Batavia, NY 14021 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. Prtosia Doak Neuss zand 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
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 or the Referee has received a written bid and Terms of Sale from Plaintiff, its
successors and/or assigns, or its representative; and it is further
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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;
anditis further
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Plaintiff s attorney, just as though Plaintiff were
physically present to submit said bid; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall acceptthe highest bid
offered by a bidder who shall be identified upon the courtrecord, and shall require that the successful
bidder immediately execute Terms of Sale for thepurchase ofthe 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 Plaintiff in which case no deposit against the purchase price shall be
tequired; 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 immediately and on the same day be reoffered at auction; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the
down payment and proceeds of sale, as necessary, in \OLA Accoom) 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 §1353 and the
terms of sale, which shallbe deemed a binding contract; and it is further
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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 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
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, that 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 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
OLA Account 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 bY Court
#75006
with CPLR §8003(b), not to exceed -$500.00-unless the property sells for
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$50,000.00 or more. In the event a sale was cancelled or postponed, Plaintiff
shall compensate the Referee in the sum of $ so" 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 become absolute, and any other
amounts due in accordance with RPAPL §1354(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 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;
FOURTH: The Referee shall then pay to the Plaintiff or its attorney the
following:
Amount Due per Referee’s Report: $66,108.33 with interest at the note
rate from February 1, 2023 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 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
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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: $Y BAG 7” 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 Plaintiff in
addition to costs, with interest at the statutory judgment rate from the date of
entry of thisjudgment, pursuant to CPLR Article 83;
Attomey Fees: 35, (eS o 2 is hereby awarded to Plaintiff as
reasonable legal fees herein, with interest at the statutory rate from the date of
entry of this judgment;
oo
Military Attorney Legal Fees: 6500: “— _ is hereby awarded to
David D. DiMatteo, Esq., for services performed as the Court appointed attorney for
the active military service member, Jordan Torcello;
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 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 Plaintiff to pay
in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff or its
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assignee, a deed or deeds of the property sold upon the payment to said Referee of the
amounts specified in items marked "First", "Second", and "Third" above; that the Referee
shall allow the Plaintiff to pay the amounts specified in "Second" and "Third" 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 Plaintiff as specified in paragraph "Fourth"
above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee,
who shall deposit it in accordance with paragraph 'Fifth" 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 any transfer tax shall be paid in accordance with Tax Law §1404; and it is further
ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be
sold in one parcel in “as is" physical order and condition, subject to any condition 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 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 §1354; any equity of redemption 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 defendant or its successor or assignee contesting the
validity of this foreclosure; and it is further
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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 personal
service of the Referee's deed in accordance with CPLR 308; and it is further
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 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 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 default(s) upon the bid and/or the terms of sale the Referee may place the property
for resale without prior application to the Court unless Plaintiff s 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 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 §1308 to secure
and maintain the property until such time as ownership of the property has been transferred
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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 25 Seneca Avenue, Batavia, NY 14020-2311.
The legal description of the mortgaged property referred to herein is annexed hereto
as Schedule A.
Terms of Sale annexed
ENTER:
DATED: APRIL 1 a bad
JS.C.
HON, DIANE Y, DEVLIN
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ESLEDY: GENESEE COUNTY CLERK 1/820 0 f) RECEIVED NYBORRX Niy/ BSP2624
NYSCEF DOC. NO. 2 RECEIVED NYSCEF:
Page 396182021
STEIN, WEINER & ROTH, LLP
1 OLD COUNTRY RD SUITE113
CARLE PLACE, NY 11514
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
Title No. 76871
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Batavia, County of
Genesee and State of New York, distinguished as Lot No. 25 of the Mahaney-Snelt
Subdivision of part of Village (now City) Lot No, 30, according to a map or Survey
made by R.A, Wentworth, on the 12th day of June, 1911 and filled in the Genesee
County Clerk's Office in Book One of Maps at page 58.
Being the same premises conveyed to Harold J. Case and Estelle F, Case, husband and
wife, by Deed recorded In the Genesee County Clerk's Office in Liber 313 of Deeds at
page 68.
Section 84,034 Block: 3 Lot: 44
40f 5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GENESEE
wannennne:
Santander Bank, N.A.
Plaintiff,
Index No. E69542
~ against -
Genesee County Treasurer as Administrator of the
Estate of Mary L. Torcello a/k/a Mary Lou Torcello,
Joan Hale as Heir/Distributee of the Estate of Mary L.
Torcello a/k/a Mary Lou Torcello, Linda Say as
Heir/Distributee of the Estate of Mary L. Torcello
a/k/a Mary Lou Torcello, Tabatha Torcello as
Heir/Distributee of the Estate of Mary L. Torcello
alk/a Mary Lou Torcello, Tina Webber as
Heir/Distributee of the Estate of Mary L. Torceilo
alk/a Mary Lou Torcello, Terri Bucholz as
Heir/Distributee of the Estate of Mary L. Torcello
alk/a Mary Lou Torcello, Frank Torcello as
Heir/Distributee of the Estate of Mary L. Torcello
a/k/a Mary Lou Torcello, Mary K. Yanik as Guardian
Ad Litem for Jordan Torcello as Heir/Distributee of
the Estate of Mary L. Torcello a/k/a Mary Lou
Torcello, MEB Loan Trust IV, New York State
Affordable Housing Corporation, Genesee Valley
Rural Preservation Council, Inc., United States of
America-Department of Treasury-Intemal Revenue
Services, New York State Department of Taxation and
Finance-Tax Compliance Division-C.0.-ATC,
John Reigle, as Heir at law of Mary L. Torcello a/k/a
Mary Lou Torcello, Michael Reigle as heir at law of
Mary L. Torcello a/k/a Mary Lou Torcello, Deanna
Carlson as heir at law of Mary L. Torcello a/k/a Mary
Lou Torcello, Kevin Reigle as heir at law of Mary L.
Torcello a/k/a Mary Lou Torcello, Christopher Reigle
as heir at law of Mary L. Torcello a/k/a Mary Lou
Torcello,
Defendants.
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TERMS OF SALE
The premises (and personal property, if so enumerated in the publication notice or in
these Terms of Sale) described in the within Advertisement of Sale (hereinafter referred to as the
“premises") will be sold under the direction of , Referee, pursuant to the following terms:
FIRST - Ten percent of the amount of the bid accepted will be required to be paid to the
Referee at the time and place of sale in form acceptable to the Referee for which the Referee's
receipt will be given, said form being cash, certified and/or bank checks.
SECOND - The residue of said purchase money will be required to be paid to the said
Referee at ,, on, when the Referee's Deed will be ready. The said closing date shall be time of
the essence as to the successful bidder only and the deposit shall be forfeited as liquidated
damages in the event of the default of the successful bidder.
THIRD - The Referee is not required to send any notice to the purchaser; and if he/she
neglects to call at the time and place above specified, to receive his Deed, he/she will be charged
with interest thereafter on the whole amount of his purchase; unless the Referee shall deem it
proper to extend the time for the completion of said purchase, and purchaser shall be liable for all
taxes, assessments, etc. as well as all costs and expenses incurred.
FOURTH - The premises are being sold in "as is" condition at the time of closing with all
risk of loss from the time of acceptance of bid forward passing to the successful bidder, his
successor or assigns. This sale is further subject to:
(a) Building restrictions and regulations and ordinances adopted by authority having
jurisdiction, and amendments and additions and violations and covenants and restrictions,
agreements and easements and violations and emergency repairs thereof and rights of tenants or
persons in possession, if any;
(b) All taxes, assessments and water rates which are at this time a lien on the premises,
together with such interest or penalties as may have lawfully accrued thereon to the date of
payment.
(c) Rights of the public and others in and to any part of the mortgaged premises that lies
within the bounds of any street, alley, or highway; restrictions and easements of record;
(d) Any state of facts that an accurate, currently dated survey might disclose;
(e) Any and all tenancies, possessory interests and/or leases affecting said premises not
made party defendants;
(f) The right of redemption of the United States of America, if any
(g) The rights of any defendant pursuant to CPLR §317.
2B
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FIFTH - All taxes, assessments, water rates, sewer rents and other encumbrances which,
at the time of sale, are liens or encumbrances upon said premises will be paid by the purchaser to
the Referee in addition to the bid price, which sums shall become part of the proceeds of sale,
unless the purchaser shall, previous to the delivery of the Deed, produce to the Referee proof of
the payment of such liens, provided further that no tax, assessment, water charge, sewer rent or
other encumbrances shall be required to be paid unless such lien shall have become due and
payable at the time of sale. Upon receipt of said additional sums, the Referee shall forthwith pay
therefrom the taxcs assessments, water rates or sewer rents which are or may become liens on the
premises with such interest or penalties which may lawfully have accrued thereon to the day of
payment.
SIXTH - Title Insurance, if any, shall be paid for by the purchaser, and if the premises are
located in the City of New York they are being sold subject to any "Super Lien" of the City of
New York,
SEVENTH - The purchaser of said premises, or any portion thereof, will, at the time and
place of sale, sign a memorandum of his purchase, and an agreement to comply with the terms
and conditions herein contained.
EIGHTH - In case any purchaser shall fail to comply with any of the above conditions of
sale, the premises so struck down to him/her will be again put up for sale under the direction of
said Referee under these same terms of sale, without application to the Court, unless the
plaintiff's attomeys shall waive liquidated damages and elect to make such application; and such
purchaser shall be held liable for all expenses, additional costs, legal fees, taxes, assessments,
etc. incurred and for any deficiency there may be between the sum for which said premises shall
be struck down upon the sale and that for which they may be purchased on resale, and also for all
costs and expenses occurring on such resale. Purchaser shall pay the statutory auctioneers fee, if
any auctioneer shall be used, and the fee to any auction room if required.
NINTH - The cost of the revenue stamps, R.P.T., Transfer Taxes, and Capital Gains Tax
if any to be attached to the Referee's Deed shall be paid as per the terms of the Judgment of
Foreclosure and Sale. All Abstract of Title continuation and other charges, including deed
stamps, are to be paid for by the purchaser.
, Referee
MEMORANDUM OF SALE
have this , purchased the premises and personal property described in the annexed
printed Advertisement of Sale for the sum of $0.00 DOLLARS, and hereby promise and agree to
comply with the terms and conditions of the sale of said premises as above mentioned and sct
forth.
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DATED:
Purchaser
Received from the said purchaser the sum of DOLLARS being ten percent (10%) of the
amount bid by the said purchaser for property sold by me, under the Judgment in the above
entitled action.
; Referee
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D OUN PK 04 BV INDEX NO. E69542 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 04/25/2024 At Part —_ of the Supreme Court, held in and for the County of GENESEE at the Supreme Courthouse thereof, 1 West Main Street, Batavia, CTD NY 14020 on the L » 20, day pf PRESENT: HON. DIANE ¥, DEVI JUSTICE OF THE SUPREME COURT Index No. E69542 Santander Bank, N.A., Plaintiff, ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF -against- FORECLOSURE AND SALE Genesee County Treasurer as Administrator of the 25 Seneca Avenue Estate of Mary L. Torcello a/k/a Mary Lou Batavia, NY 14020-2311 Torcello, Joan Hale as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Linda Section: 84.034 Say as Heir/Distributee of the Estate of Mary L. Block: 3 Torcello a/k/a Mary Lou Torcello, Tabatha Torcello Lot: 44 as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Tina Webber as Santander Bank, N.A. Heir/Distributee of the Estate of Mary L. Torcello 1-800-669-0340 x 6732 a/k/a Mary Lou Torcello, Terri Bucholz as Heit/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Frank Torcello as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Mary K. Yanik as Guardian Ad Litem for Jordan Torcello as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, MEB Loan Trust IV, New York State Affordable Housing Corporation, Genesee Valley Rural Preservation Council, Inc., United States of America-Department of Treasury- Internal Revenue Services, New York State Department of Taxation and Finance-Tax Compliance Division-C.0.-ATC, John Reigle, as Heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Michael Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Deanna Carlson as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Kevin Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, 1 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF ‘DOC. NO. 131 RECEIVED NYSCEF: 04/25/2024 Christopher Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Defendants. wee nennee Xx UPON the Summons, Complaint, and Notice of Pendency filed in this action on November 18, 2021, the Notice of Pendency refiled on _ March 12, 2024 the Notice of Motion dated February 5, 2024, the affirmation by Edward Wiener, Esq the affidavit of Christopher Miranda, sworn to February 9, 2023 , together with the exhibits annexed thereto, all in support of Plaintiff s motion for a Judgment of Foreclosure and Sale; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action; and it appearing that more than the legally required number of days has elapsed since all defendants were so served and Plaintiff having established to the court's satisfaction that a judgment against defendants, Genesee County Treasurer as Administrator of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Joan Hale as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Linda Say as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Tabatha Torcello as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Tina Webber as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Terri Buchoiz as Heit/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Frank Torcello as Heir/Distributce of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Mary K. Yanik as Guardian Ad Litem for Jordan Torcello as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, New York State Affordable Housing Corporation, Genesee Valley Rural Preservation Council, Inc., United States of America-Department of Treasury-Internal 2 of 16 D OUN PK 04 BV INDEX NO. £69542 NYSCEF .DOC. NO. 131 RECEIVED NYSCEF: 04/25/2024 Revenue Services, New York State Department of Taxation and Finance-Tax Compliance Division-C.0,-ATC, John Reigle, as Heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Michael Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Deanna Carlson as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Kevin Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Christopher Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, is warranted; and. UPON the Notice of Appearance of MEB Loan Trust IV; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(ii); and UPON proof that the non-appearing defendants are not absent, in accordance with RPAPL §1321(2); and 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 Frank V. Zinni, Esq., dated the 19th day of January, 2024, showing the sum of $66,10833, due as of February 1, 2023, and that the mortgaged property may not be sold in parcels; and UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; NOW, on motion by Edward Wiener, 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 3 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF ‘DOC. NO. 131 RECEIVED NYSCEF: 04/25/2024 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 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 of the date of this Judgment, in one parcel, at a public auction at the 4 West Moin Styeet “Potavie ACs I¢o3o@ by and under the direction of Frank V. Zinni, Esq., P.O. Box 406, Batavia, NY 14021 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. Prtosia Doak Neuss zand 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 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 or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors and/or assigns, or its representative; and it is further 4 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/25/2024 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; anditis further ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiff s attorney, just as though Plaintiff were physically present to submit said bid; and itis further ORDERED, ADJUDGED AND DECREED that the Referee shall acceptthe highest bid offered by a bidder who shall be identified upon the courtrecord, and shall require that the successful bidder immediately execute Terms of Sale for thepurchase ofthe 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 Plaintiff in which case no deposit against the purchase price shall be tequired; 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 immediately and on the same day be reoffered at auction; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment and proceeds of sale, as necessary, in \OLA Accoom) 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 §1353 and the terms of sale, which shallbe deemed a binding contract; and it is further 5 of 16 D OUN PK 04 BV INDEX NO. £69542 NYSCEF boc. NO. 131 RECEIVED NYSCEF: 04/25/2024 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 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 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, that 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 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 OLA Account 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 bY Court #75006 with CPLR §8003(b), not to exceed -$500.00-unless the property sells for 6 6 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF ‘DOC, No. 131 RECEIVED NYSCEF: 04/25/2024 $50,000.00 or more. In the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of $ so" 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 become absolute, and any other amounts due in accordance with RPAPL §1354(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 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; FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following: Amount Due per Referee’s Report: $66,108.33 with interest at the note rate from February 1, 2023 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 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 7 7 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 04/25/2024 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: $Y BAG 7” 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 Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of thisjudgment, pursuant to CPLR Article 83; Attomey Fees: 35, (eS o 2 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; oo Military Attorney Legal Fees: 6500: “— _ is hereby awarded to David D. DiMatteo, Esq., for services performed as the Court appointed attorney for the active military service member, Jordan Torcello; 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 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 Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff or its 8 8 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF ‘DOC. NO. 131 RECEIVED NYSCEF: 04/25/2024 assignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items marked "First", "Second", and "Third" above; that the Referee shall allow the Plaintiff to pay the amounts specified in "Second" and "Third" 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 Plaintiff as specified in paragraph "Fourth" above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph 'Fifth" 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 any transfer tax shall be paid in accordance with Tax Law §1404; and it is further ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in one parcel in “as is" physical order and condition, subject to any condition 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 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 §1354; any equity of redemption 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 defendant or its successor or assignee contesting the validity of this foreclosure; and it is further 9 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF DOC. No. 131 RECEIVED NYSCEF: 04/25/2024 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 personal service of the Referee's deed in accordance with CPLR 308; and it is further 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 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 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 default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without prior application to the Court unless Plaintiff s 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 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 §1308 to secure and maintain the property until such time as ownership of the property has been transferred 10 10 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF “DOG. NO. 131 RECEIVED NYSCEF: 04/25/2024 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 25 Seneca Avenue, Batavia, NY 14020-2311. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A. Terms of Sale annexed ENTER: DATED: APRIL 1 a bad JS.C. HON, DIANE Y, DEVLIN 11 11 of 16 OUNTY Pi 04 BV INDEX NO. E69542 ESLEDY: GENESEE COUNTY CLERK 1/820 0 f) RECEIVED NYBORRX Niy/ BSP2624 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: Page 396182021 STEIN, WEINER & ROTH, LLP 1 OLD COUNTRY RD SUITE113 CARLE PLACE, NY 11514 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Title No. 76871 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Batavia, County of Genesee and State of New York, distinguished as Lot No. 25 of the Mahaney-Snelt Subdivision of part of Village (now City) Lot No, 30, according to a map or Survey made by R.A, Wentworth, on the 12th day of June, 1911 and filled in the Genesee County Clerk's Office in Book One of Maps at page 58. Being the same premises conveyed to Harold J. Case and Estelle F, Case, husband and wife, by Deed recorded In the Genesee County Clerk's Office in Liber 313 of Deeds at page 68. Section 84,034 Block: 3 Lot: 44 40f 5 12 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF ,DOC, NO. 131 RECEIVED NYSCEF: 04/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE wannennne: Santander Bank, N.A. Plaintiff, Index No. E69542 ~ against - Genesee County Treasurer as Administrator of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Joan Hale as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Linda Say as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Tabatha Torcello as Heir/Distributee of the Estate of Mary L. Torcello alk/a Mary Lou Torcello, Tina Webber as Heir/Distributee of the Estate of Mary L. Torceilo alk/a Mary Lou Torcello, Terri Bucholz as Heir/Distributee of the Estate of Mary L. Torcello alk/a Mary Lou Torcello, Frank Torcello as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, Mary K. Yanik as Guardian Ad Litem for Jordan Torcello as Heir/Distributee of the Estate of Mary L. Torcello a/k/a Mary Lou Torcello, MEB Loan Trust IV, New York State Affordable Housing Corporation, Genesee Valley Rural Preservation Council, Inc., United States of America-Department of Treasury-Intemal Revenue Services, New York State Department of Taxation and Finance-Tax Compliance Division-C.0.-ATC, John Reigle, as Heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Michael Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Deanna Carlson as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Kevin Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Christopher Reigle as heir at law of Mary L. Torcello a/k/a Mary Lou Torcello, Defendants. 12 13 of 16 D OUN PK 04 BV INDEX NO. £69542 NYSCEF ‘DOC. NO. 131 RECEIVED NYSCEF: 04/25/2024 TERMS OF SALE The premises (and personal property, if so enumerated in the publication notice or in these Terms of Sale) described in the within Advertisement of Sale (hereinafter referred to as the “premises") will be sold under the direction of , Referee, pursuant to the following terms: FIRST - Ten percent of the amount of the bid accepted will be required to be paid to the Referee at the time and place of sale in form acceptable to the Referee for which the Referee's receipt will be given, said form being cash, certified and/or bank checks. SECOND - The residue of said purchase money will be required to be paid to the said Referee at ,, on, when the Referee's Deed will be ready. The said closing date shall be time of the essence as to the successful bidder only and the deposit shall be forfeited as liquidated damages in the event of the default of the successful bidder. THIRD - The Referee is not required to send any notice to the purchaser; and if he/she neglects to call at the time and place above specified, to receive his Deed, he/she will be charged with interest thereafter on the whole amount of his purchase; unless the Referee shall deem it proper to extend the time for the completion of said purchase, and purchaser shall be liable for all taxes, assessments, etc. as well as all costs and expenses incurred. FOURTH - The premises are being sold in "as is" condition at the time of closing with all risk of loss from the time of acceptance of bid forward passing to the successful bidder, his successor or assigns. This sale is further subject to: (a) Building restrictions and regulations and ordinances adopted by authority having jurisdiction, and amendments and additions and violations and covenants and restrictions, agreements and easements and violations and emergency repairs thereof and rights of tenants or persons in possession, if any; (b) All taxes, assessments and water rates which are at this time a lien on the premises, together with such interest or penalties as may have lawfully accrued thereon to the date of payment. (c) Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley, or highway; restrictions and easements of record; (d) Any state of facts that an accurate, currently dated survey might disclose; (e) Any and all tenancies, possessory interests and/or leases affecting said premises not made party defendants; (f) The right of redemption of the United States of America, if any (g) The rights of any defendant pursuant to CPLR §317. 2B 14 of 16 D OUN PK 04 BV INDEX NO. E69542 NYSCEF ‘DOC. NO. 131 RECEIVED NYSCEF: 04/25/2024 FIFTH - All taxes, assessments, water rates, sewer rents and other encumbrances which, at the time of sale, are liens or encumbrances upon said premises will be paid by the purchaser to the Referee in addition to the bid price, which sums shall become part of the proceeds of sale, unless the purchaser shall, previous to the delivery of the Deed, produce to the Referee proof of the payment of such liens, provided further that no tax, assessment, water charge, sewer rent or other encumbrances shall be required to be paid unless such lien shall have become due and payable at the time of sale. Upon receipt of said additional sums, the Referee shall forthwith pay therefrom the taxcs assessments, water rates or sewer rents which are or may become liens on the premises with such interest or penalties which may lawfully have accrued thereon to the day of payment. SIXTH - Title Insurance, if any, shall be paid for by the purchaser, and if the premises are located in the City of New York they are being sold subject to any "Super Lien" of the City of New York, SEVENTH - The purchaser of said premises, or any portion thereof, will, at the time and place of sale, sign a memorandum of his purchase, and an agreement to comply with the terms and conditions herein contained. EIGHTH - In case any purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down to him/her will be again put up for sale under the direction of said Referee under these same terms of sale, without application to the Court, unless the plaintiff's attomeys shall waive liquidated damages and elect to make such application; and such purchaser shall be held liable for all expenses, additional costs, legal fees, taxes, assessments, etc. incurred and for any deficiency there may be between the sum for which said premises shall be struck down upon the sale and that for which they may be purchased on resale, and also for all costs and expenses occurring on such resale. Purchaser shall pay the statutory auctioneers fee, if any auctioneer shall be used, and the fee to any auction room if required. NINTH - The cost of the revenue stamps, R.P.T., Transfer Taxes, and Capital Gains Tax if any to be attached to the Referee's Deed shall be paid as per the terms of the Judgment of Foreclosure and Sale. All Abstract of Title continuation and other charges, including deed stamps, are to be paid for by the purchaser. , Referee MEMORANDUM OF SALE have this , purchased the premises and personal property described in the annexed printed Advertisement of Sale for the sum of $0.00 DOLLARS, and hereby promise and agree to comply with the terms and conditions of the sale of said premises as above mentioned and sct forth. 4 15 of 16 Nj OUNTY PK 04 BV INDEX NO. E69542 D: 0 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/25/2024 DATED: Purchaser Received from the said purchaser the sum of DOLLARS being ten percent (10%) of the amount bid by the said purchaser for property sold by me, under the Judgment in the above entitled action. ; Referee 15 16 of 16