Preview
INDEX NO. 135149/2016
s
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
.l
At purt
an I.A.S. Term, Lof the Supreme
Court of the County of Richmond held in the
Richmond Supreme Court in the city 9l
Staten Island, New york on the /7q
day of------*d-
SArt r(Awt ,20 t f,, .
PRESENT: HON. KIM DOLLARD u
SUPREME COURT OF THE STATE OF NEW YORK
T/
::YTt:.:1r::'o*o ----------------x
THE BANK OF NEW YORK MELLON. F/K/A JUDGMENT OF FORECLOSURE
THE BANK OF NEW YORK, AS TRUSTEE AND SALE
FOR THE CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES SERIES 2006-19
Plaintiff
VS
INDEX #:135149/2016
TAMAYIA INGRAM, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD, MORTGAGED PREMISES:
COMMISSIONER OF SOCIAL SERVICES OF 41 MOSEL LOOP
THE CITY OF NEW YORK SOCIAL STATEN ISLAND, NY 10304
SERVICES DISTRICT, BOARD OF
DIRECTORS OF MOSEL AVENUE BL #: 2901 - 12
HOMEOWNERS ASSOCIATION INC., NEW
YORK CITY PARKING VIOLATIONS
molioN o03
BUREAU,
----- I
_ ___ _
"fendant(s)
----------------x
Upon reading the Summons, Complaint, Notice of Pendency, Affidavits of Service.
Notice of Motion dated October 13, 2017 and the affirmation by Courtney R. Williams, Esq. in
support of this Judgment of Foreclosure and Sale, and all prior papers filed in this action; and
Upon the Affidavit of Merit submitted with Plaintiffs motion for an Order of Reference,
setting forth proof of the facts entitling plaintiff to the relief prayed for; and
Upon the Order of Reference appointing Nicholas T. Montalto, Esq. as Referee, granted
Ye**'
on March 31,2017 and
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
Upon proof that the non-appearing defendants Tamayia Ingram, New york City
Environmental Control Board, Commissioner of Social Services of the City york
of New Social
Services District, and New York City Parking Violations Bureau are not absent, in accordance
with RPAPL S l32t(2); and
Upon the reading of the Referee's Oath and Report of Amount Due dated Ap11l26,2017,
showing the sum of $391 ,196.29 due as of May 13,2016 and that the mortgaged premises cannot
be sold in parcels; and
Upon proof of compliance with all statutory conditions precedent to a foreclosure action
and required for a Judgment of Foreclosure and Sale; and
It appearing to this Court's satisfaction that this action was brought to foreclose a
mortgage on real property located at 41 MosEL LooP, STATEN ISLAND, Ny 10304.
Richmond County, New york; and
Upon proof that this motion was served upon all necessary parties, it is hereby
ORDERED, ADJUDGED AND DECREED that the motion for a Judsment of
Foreclosure and Sale is granted; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee's Report of Amount Due is
adopted as a decision of the Court, in accordance with CPLR $ 4319; and it is further
ORDERED, ADJUDGED AND DECREED that Nicholas T. Montalto, Esq., is
appointed
Nlr"6
Referee to have a notice of sale published in lfu,.Un--
(or a different publication in compliance with CPLR $ 2401) and to conduct a public auction of
the property, in accordance with RpApL g 231; and it is further
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
ORDERED, ADJUDGED AND DECREED that the sale be held at the Supreme Court
uildi Cou at an unspecified time; and it is
further
ORDERED, ADJUDGED AND DECREED that the property be sold in accordance with
RPAPL $1351(1), and the date of the Judgment is deemed the date it is
entered; and it is further
ORDERED' ADJUDGED AND DECREED that if the Referee cannot conduct the sale
within 90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by
RPAPL $1351(1) is extended for the Referee to conduct the sale as soon as reasonably
practicable; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall deposit the down
payment and of sale, as necessary, in
.qf
*in rlY
,his4rer own name as Referee, in
accordance with CPLR g 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 shall be deemed a binding contract; and it is further
ORDERED' ADJUDGED AND DECREED that the Referee shall pay liom the sale
proceeds the expenses of sale, and, pay to the Plaintiff or its attorney, the amount of the debt.
interest and costs, in accordance with RpApL $ r354, as follows:
FIRST: The statutory fees of the Referee for conducting the sale, in
accordance with GPLR $ 8003(b), not to exceed $500.00 (or in the event
a sale
was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
s 3) 0 -for each adjournment or cancellation, unless the Referee caused the
delay.)
SECOND: The expenses of the sale including posting and publishing.
THIRD: The Referee shall also pay to the Plaintiff or its attorney the
following:
Costs and Disbur
"" "n
rf$LZ,+l.,ildjudged
L-t
to the Plaintiff for costs and cc
disbursements in this action, to be taxed by the clerk and inserted herein, with
interest at the statutory rate from the date of entry of this judgment.
Additional Allowance. $0.00 is hereby awarded to the Plaintiff in addition
to costs, with interest at the statutory rate from the date of entry of this judgment.
Amount Due per Referee's Report. 539I.196.29 with interest at the note
rate from May 13, 2016 until the date of entry of this judgment, and then with
interest at the statutory rate until the date the deed is transferred. After entry of
this judgment, Plaintiff may add to the amount due for advances, including but
not limited to, taxes, insurance premiums, inspection fees, maintenance charges,
and other amounts required to preserve the property, so long as these charges
were not included in the Referee's Report and the Referee is provided with
receipts, with interest at the statutory ra$ from the dateof entry of this judgment.
g a,q{rd4q,{O,OD
-lT'E+t'+4tFis
Attorney Fees. hereby awarded to the Plaintiff
$ as
Aq R-
reasonable legal fees herein, with interest at the statutory rate from the date of
entry of this judgment.
FOURTH: That the Referee shall pay from the sale proceeds all taxes,
assessments and water rates that are liens upon the property and redeem the
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
property from any sales for unpaid taxes, assessments, or water rates that have not
apparently become absolute, and any other amounts due in accordance with
RPAPL $ 13s4(2). n
,@ FIFTH: Surplus monies arising from the sale shall be paid into lJ
Kch,.*,t
6t
Cc"nfi &rK
the officer conducting the sale within five days after receipt, in accordance with
RPAPL $ 135a(a); and it is turther
ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the
property, the Referee shall not require a down payment or that the amount bid be paid in cash,
but shall execute and deliver a deed to the Plaintiff upon payment to the Referee of the amounts
specified in items "First", "Second" AND "Fourth" above. The Referee shall allow the Plaintiff
to pay the amounts in itern "Fourth" above when it is recording the deed. The balance of the bid,
after deducting the amounts paid by the Plaintiff, shall be applied to the amount due Plaintiff as
specified in item "Third" above. If there is surplus after applying the balance of the bid, the
Plaintiff shall pay that amount 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. Transfer Tax shall be
paid by the Purchaser in accordance with Tax Law $ 1404(bX1). Purchaser shall be responsible
for interest and penalty due on any real property taxes accruing after the sale; and it is further
ORDERED, ADJUDGED AND DECREED that Plaintiff may recover a deficiency
judgment against Tamayia Ingram in accordance with RPAPL $ 1371 if allowable by law; and it
is further
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
ORDERED, ADJUDGED AND DECREED that the property is sold in ,,as is', condition
as of the date of sale' the Purchaser assumes all risk of loss or damage to the property from the
date of the sale until the date of closing, and the sale is sublect to the following items, which are
neither valid exceptions to clear title nor valid reasons to adjoum the closing:
(a) Any facts that a survey or physical inspection of the property would disclose;
(b) Rights of the public to any part of the property that is within the bounds of anv
street, alley, or highway;
(c) Any covenants' restrictions, easements, public utility agreements of record.
building and zoning ordinances and violations of same;
(d) Rights of tenants or persons in possession of the property. It shall be the
responsibility of the Purchaser to evict or remove any tenants or persons in possession of
the property;
(e) The right of redemption of the united states of America, to redeem the property
within 120 days of sale;
(0 Any rights pursuant to GPLR $ 317, $ 2003 and $ 5015 or any appeal of the
underlying action; and it is further
ORDERED' ADJUDGED AND DECREED that the purchaser be let into possession on
producing the Referee's Deed; and it is further
ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all
persons claiming through them are barred and foreclosed of all right, claim, lien, title,interest
and equity of redemption in the property; and it is further
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
ORDERED, ADJUDGED AND DECREED that if the Referee does not appear at the
place and time appointed for the sale, the Court may appoint a Substitute Referee; and it is
further
ORDERED' ADJUDGED AND DECREED that the Referee is subject to the
requirements of Rule 36-2 (c) of the chief Judge, and if the Referee is disqualified from
receiving appointment pursuant to provisions of that Rule, the Referee shall notifv the
Appointing Judge forthwith; and it is further
ORDERED' ADJUDGED AND DECREED that within thirty days after completing the
sale and executing the proper conveyance to the purchaser, unless the time is extended by the
court' the officer making the sale shall file with the clerk a report under oath of the disposition
of the proceeds of the sale in accordance with RpApL g 1355(1); and it is fuither
ORDERED' ADJUDGED AND DECREED that acopy of this Judgment with Notice of
Entry shall be served upon any party entitled to service and upon the Referee appointed to sell.
The legal description of the property being foreclosed is annexed hereto as Schedule A.
Staten tsiand,'Nefr
ENTER,
'i /1'*'{r;j
cU'.ii, a, "r'1r g |0hedul0
1,*rv,.i't;S-arltsrfT0
i: ,-r'i hg
t19z-ffi
3961;pri i;i
jJ
,:;i ijl(;rrtlii'/ $fll
'l"ri8h hftf
fr,,::. ' :ai,X96
r.)r, ;P7 *''y:^,r..'.
Ordered, that, within g0 days of the date of this HON KIM'DOLLARD
judgment, the referee shail-catf the cleili ot tne JUSTICE OF THE SUPREME COURT
court at 718 675-9632 in order to schedule the
auction of.the subject property which shatttake
prace ln Rtchmond County Supreme Court as
scheduled by the cterk
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
Schedule A _Legal Description
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Borough of Staten Island, Countf of Richmond, City and
State of New york, bounded and described as foilows:
BEGINNING at apoint on Mosel Loop, South 37 degrees 49 minutes
05 seconds west, g2.02
feet' South 52 degrees l0 minutes 55 seconds East, .75 feet, south 37 degrees 49 minutes 05
seconds west' 26'52 feet from a point on Mosel Loop, South 52 degrees 10 minutes 55 seconds
East' 127 '21 feet from a point on the Southeasterly side of Mosel Avenue (50 fbet wide), distant
70 feet Southwesterly, as measured along said southeasterly side of Mosel Avenue from the
point formed by the intersection of the southeasterly side of Mosel Avenue (50 feet wide) with
the Southwesterly side of Steuben Street (40 feet wide);
RUNNING THENCE South 52 degrees 10 minutes 55 seconds East and part of the distance
through a patty wall, 72'66 feet to a point on the Northwesterly side of the Staten Island Rapid
Transit;
THENCE south 31 degrees 02 minutes 55 seconds west, 19.89 feet along the line of the Staten
Island Rapid Transit to a point;
THENCE North 52 degrees 10 minutes 55 seconds west and part of the distance through aa
party wall, 69.36 feet to a point;
THENCE North 4 degrees 51 minutes 02 seconds East, 10.31 feet to a point on Mosel Loop;
THENCE North 37 degrees 49 minutes 05 seconds East, 0 feet to the point
1 1. r or place of
BEGINNING.
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
ADVANTAGE FORECLOSURE SERVICES, INC.
Title No. FCL-rtr655-15 (File No. t5-001245)
SCHEDULE A
DESCRIPTION
Block 2901 and Lot 12
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Borough of Staten Island, County of Richmond, City and
State of New York, bounded and described as follows:
BEGINNING at a point on Mosel Loop, South 37 degrees 49 minutes 05 seconds West, 82.02
feet, South 52 degrees l0 minutes 55 seconds East, .75 feet, South 37 degrees 49 minutes 05
seconds West,26.52 feet from a point on Mosel Loop, South 52 degreesl0 minutes 55 seconds
East,127.21feet from a point on the Southeasterly side of Mosel Au"nu" (50 feet wide), distant
70 feet Southwesterly, as measured along said Southeasterly side of Mosel Avenue from the
point formed by the intersection of the Southeasterly side of Mosel Avenue (50 feet wide) with
the Southwesterly side of Steuben Street (40 feet wide);
RUNNING THENCE South 52 degrees 10 minutes 55 seconds East and part of the distance
through a party waLL,72.66 feet to a point on the Northwesterly side of the Staten Island Rapid
Transit;
THENCE South 31 degrees 02 minutes 55 seconds West, 19.89 feet along the line of the Staten
Island Rapid Transit to a point;
THENCE North 52 degrees 10 minutes 55 seconds West and part of the distance through aa
party wall, 69.36 feet to a point;
THENCE North 4 degrees 51 minutes 02 seconds East, 10.3 I feet to a point on Mosel Loop;
THENCE North 37 degrees 49 minutes 05 seconds East, 11.10 feet to the point orplace of
BEGINNING.
Premises known as 41 Mosel Loop, Staten fshnd, New York
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
-"
rHE BANK
THE BANK
oF rff;;d;;;r,;;r;- COSTS OF PLAINTIFF
OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES SERIES 2006-19
Plaintiff
VS
INDEX #:135149/2016
TAMAYIA INGRAM, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD, MORTGAGED PREMISES:
COMMISSIONER OF SOCIAL SERVICES OF 41 MOSEL LOOP
THE CITY OF NEW YORK SOCIAL STATEN ISLAND, NY 10304
SERVICES DISTRICT, BOARD OF
DIRECTORS OF MOSEL AVENUE BL#:2901 - t2
HOMEOWNERS ASSOCIATION INC., NEW
YORK CITY PARKING VIOLATIONS
BUREAU,
---------_: "fendant(s) ----------------x
COSTS
Costs before Note of Issue - CpLR g201(l)
Allowance $200.00
by statute - CPLR g302(a) (b)
First $200.00 at tTyo $20.00
Next $800.00 at 5%o $40.00
Next $2000.00 at2o/o $40.00
Next $5000.00 at Iyo $50.00
$1s0.00
Additional allowance - CPLR 9302(d)
Costs on motion $s0.00
- CPLR 8303(a) (1)
$0.00
FEES AND DISBURSEMENTS
Fee for index number - CPLR g0lg(a)
Referee's fee to compute, per order of the court
$400.00
- cpLR g003(a) $2s0.00
Paid for searches - CPLR 8301(a) (10)
Serving copy of Summons and Compiaint $s27.44
_CpLR g30l(d) $s40.00
Reproduction costs - CPLR g30l(a)itZ)
$0.00
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018
Fees forpublication of Summons - CPLR 8301(a)(3) $0.00
Certified copies of papers - CPLR 3301(a)(a) $0.00
Request for judicial intervention $9s.00
Clerk's fee for filing of Notice of Pendency - CPLR 801S(dX6), $3s.00
8021(a)(10)
Motion fees $90.00
Note of Issue $0.00
Postal Cost $
Total: $2,347.44
11 of 11
Preview
INDEX NO. 135149/2016 s NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 .l At purt an I.A.S. Term, Lof the Supreme Court of the County of Richmond held in the Richmond Supreme Court in the city 9l Staten Island, New york on the /7q day of------*d- SArt r(Awt ,20 t f,, . PRESENT: HON. KIM DOLLARD u SUPREME COURT OF THE STATE OF NEW YORK T/ ::YTt:.:1r::'o*o ----------------x THE BANK OF NEW YORK MELLON. F/K/A JUDGMENT OF FORECLOSURE THE BANK OF NEW YORK, AS TRUSTEE AND SALE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC. ASSET-BACKED CERTIFICATES SERIES 2006-19 Plaintiff VS INDEX #:135149/2016 TAMAYIA INGRAM, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, MORTGAGED PREMISES: COMMISSIONER OF SOCIAL SERVICES OF 41 MOSEL LOOP THE CITY OF NEW YORK SOCIAL STATEN ISLAND, NY 10304 SERVICES DISTRICT, BOARD OF DIRECTORS OF MOSEL AVENUE BL #: 2901 - 12 HOMEOWNERS ASSOCIATION INC., NEW YORK CITY PARKING VIOLATIONS molioN o03 BUREAU, ----- I _ ___ _ "fendant(s) ----------------x Upon reading the Summons, Complaint, Notice of Pendency, Affidavits of Service. Notice of Motion dated October 13, 2017 and the affirmation by Courtney R. Williams, Esq. in support of this Judgment of Foreclosure and Sale, and all prior papers filed in this action; and Upon the Affidavit of Merit submitted with Plaintiffs motion for an Order of Reference, setting forth proof of the facts entitling plaintiff to the relief prayed for; and Upon the Order of Reference appointing Nicholas T. Montalto, Esq. as Referee, granted Ye**' on March 31,2017 and 1 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 Upon proof that the non-appearing defendants Tamayia Ingram, New york City Environmental Control Board, Commissioner of Social Services of the City york of New Social Services District, and New York City Parking Violations Bureau are not absent, in accordance with RPAPL S l32t(2); and Upon the reading of the Referee's Oath and Report of Amount Due dated Ap11l26,2017, showing the sum of $391 ,196.29 due as of May 13,2016 and that the mortgaged premises cannot be sold in parcels; and Upon proof of compliance with all statutory conditions precedent to a foreclosure action and required for a Judgment of Foreclosure and Sale; and It appearing to this Court's satisfaction that this action was brought to foreclose a mortgage on real property located at 41 MosEL LooP, STATEN ISLAND, Ny 10304. Richmond County, New york; and Upon proof that this motion was served upon all necessary parties, it is hereby ORDERED, ADJUDGED AND DECREED that the motion for a Judsment of Foreclosure and Sale is granted; and it is further ORDERED, ADJUDGED AND DECREED that the Referee's Report of Amount Due is adopted as a decision of the Court, in accordance with CPLR $ 4319; and it is further ORDERED, ADJUDGED AND DECREED that Nicholas T. Montalto, Esq., is appointed Nlr"6 Referee to have a notice of sale published in lfu,.Un-- (or a different publication in compliance with CPLR $ 2401) and to conduct a public auction of the property, in accordance with RpApL g 231; and it is further 2 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 ORDERED, ADJUDGED AND DECREED that the sale be held at the Supreme Court uildi Cou at an unspecified time; and it is further ORDERED, ADJUDGED AND DECREED that the property be sold in accordance with RPAPL $1351(1), and the date of the Judgment is deemed the date it is entered; and it is further ORDERED' ADJUDGED AND DECREED that if the Referee cannot conduct the sale within 90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL $1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall deposit the down payment and of sale, as necessary, in .qf *in rlY ,his4rer own name as Referee, in accordance with CPLR g 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 shall be deemed a binding contract; and it is further ORDERED' ADJUDGED AND DECREED that the Referee shall pay liom the sale proceeds the expenses of sale, and, pay to the Plaintiff or its attorney, the amount of the debt. interest and costs, in accordance with RpApL $ r354, as follows: FIRST: The statutory fees of the Referee for conducting the sale, in accordance with GPLR $ 8003(b), not to exceed $500.00 (or in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of 3 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 s 3) 0 -for each adjournment or cancellation, unless the Referee caused the delay.) SECOND: The expenses of the sale including posting and publishing. THIRD: The Referee shall also pay to the Plaintiff or its attorney the following: Costs and Disbur "" "n rf$LZ,+l.,ildjudged L-t to the Plaintiff for costs and cc disbursements in this action, to be taxed by the clerk and inserted herein, with interest at the statutory rate from the date of entry of this judgment. Additional Allowance. $0.00 is hereby awarded to the Plaintiff in addition to costs, with interest at the statutory rate from the date of entry of this judgment. Amount Due per Referee's Report. 539I.196.29 with interest at the note rate from May 13, 2016 until the date of entry of this judgment, and then with interest at the statutory rate until the date the deed is transferred. After entry of this judgment, Plaintiff may add to the amount due for advances, including but not limited to, taxes, insurance premiums, inspection fees, maintenance charges, and other amounts required to preserve the property, so long as these charges were not included in the Referee's Report and the Referee is provided with receipts, with interest at the statutory ra$ from the dateof entry of this judgment. g a,q{rd4q,{O,OD -lT'E+t'+4tFis Attorney Fees. hereby awarded to the Plaintiff $ as Aq R- reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment. FOURTH: That the Referee shall pay from the sale proceeds all taxes, assessments and water rates that are liens upon the property and redeem the 4 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 property from any sales for unpaid taxes, assessments, or water rates that have not apparently become absolute, and any other amounts due in accordance with RPAPL $ 13s4(2). n ,@ FIFTH: Surplus monies arising from the sale shall be paid into lJ Kch,.*,t 6t Cc"nfi &rK the officer conducting the sale within five days after receipt, in accordance with RPAPL $ 135a(a); and it is turther ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the property, the Referee shall not require a down payment or that the amount bid be paid in cash, but shall execute and deliver a deed to the Plaintiff upon payment to the Referee of the amounts specified in items "First", "Second" AND "Fourth" above. The Referee shall allow the Plaintiff to pay the amounts in itern "Fourth" above when it is recording the deed. The balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due Plaintiff as specified in item "Third" above. If there is surplus after applying the balance of the bid, the Plaintiff shall pay that amount 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. Transfer Tax shall be paid by the Purchaser in accordance with Tax Law $ 1404(bX1). Purchaser shall be responsible for interest and penalty due on any real property taxes accruing after the sale; and it is further ORDERED, ADJUDGED AND DECREED that Plaintiff may recover a deficiency judgment against Tamayia Ingram in accordance with RPAPL $ 1371 if allowable by law; and it is further 5 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 ORDERED, ADJUDGED AND DECREED that the property is sold in ,,as is', condition as of the date of sale' the Purchaser assumes all risk of loss or damage to the property from the date of the sale until the date of closing, and the sale is sublect to the following items, which are neither valid exceptions to clear title nor valid reasons to adjoum the closing: (a) Any facts that a survey or physical inspection of the property would disclose; (b) Rights of the public to any part of the property that is within the bounds of anv street, alley, or highway; (c) Any covenants' restrictions, easements, public utility agreements of record. building and zoning ordinances and violations of same; (d) Rights of tenants or persons in possession of the property. It shall be the responsibility of the Purchaser to evict or remove any tenants or persons in possession of the property; (e) The right of redemption of the united states of America, to redeem the property within 120 days of sale; (0 Any rights pursuant to GPLR $ 317, $ 2003 and $ 5015 or any appeal of the underlying action; and it is further ORDERED' ADJUDGED AND DECREED that the purchaser be let into possession on producing the Referee's Deed; and it is further ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all persons claiming through them are barred and foreclosed of all right, claim, lien, title,interest and equity of redemption in the property; and it is further 6 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 ORDERED, ADJUDGED AND DECREED that if the Referee does not appear at the place and time appointed for the sale, the Court may appoint a Substitute Referee; and it is further ORDERED' ADJUDGED AND DECREED that the Referee is subject to the requirements of Rule 36-2 (c) of the chief Judge, and if the Referee is disqualified from receiving appointment pursuant to provisions of that Rule, the Referee shall notifv the Appointing Judge forthwith; and it is further ORDERED' ADJUDGED AND DECREED that within thirty days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court' the officer making the sale shall file with the clerk a report under oath of the disposition of the proceeds of the sale in accordance with RpApL g 1355(1); and it is fuither ORDERED' ADJUDGED AND DECREED that acopy of this Judgment with Notice of Entry shall be served upon any party entitled to service and upon the Referee appointed to sell. The legal description of the property being foreclosed is annexed hereto as Schedule A. Staten tsiand,'Nefr ENTER, 'i /1'*'{r;j cU'.ii, a, "r'1r g |0hedul0 1,*rv,.i't;S-arltsrfT0 i: ,-r'i hg t19z-ffi 3961;pri i;i jJ ,:;i ijl(;rrtlii'/ $fll 'l"ri8h hftf fr,,::. ' :ai,X96 r.)r, ;P7 *''y:^,r..'. Ordered, that, within g0 days of the date of this HON KIM'DOLLARD judgment, the referee shail-catf the cleili ot tne JUSTICE OF THE SUPREME COURT court at 718 675-9632 in order to schedule the auction of.the subject property which shatttake prace ln Rtchmond County Supreme Court as scheduled by the cterk 7 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 Schedule A _Legal Description ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Staten Island, Countf of Richmond, City and State of New york, bounded and described as foilows: BEGINNING at apoint on Mosel Loop, South 37 degrees 49 minutes 05 seconds west, g2.02 feet' South 52 degrees l0 minutes 55 seconds East, .75 feet, south 37 degrees 49 minutes 05 seconds west' 26'52 feet from a point on Mosel Loop, South 52 degrees 10 minutes 55 seconds East' 127 '21 feet from a point on the Southeasterly side of Mosel Avenue (50 fbet wide), distant 70 feet Southwesterly, as measured along said southeasterly side of Mosel Avenue from the point formed by the intersection of the southeasterly side of Mosel Avenue (50 feet wide) with the Southwesterly side of Steuben Street (40 feet wide); RUNNING THENCE South 52 degrees 10 minutes 55 seconds East and part of the distance through a patty wall, 72'66 feet to a point on the Northwesterly side of the Staten Island Rapid Transit; THENCE south 31 degrees 02 minutes 55 seconds west, 19.89 feet along the line of the Staten Island Rapid Transit to a point; THENCE North 52 degrees 10 minutes 55 seconds west and part of the distance through aa party wall, 69.36 feet to a point; THENCE North 4 degrees 51 minutes 02 seconds East, 10.31 feet to a point on Mosel Loop; THENCE North 37 degrees 49 minutes 05 seconds East, 0 feet to the point 1 1. r or place of BEGINNING. 8 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 ADVANTAGE FORECLOSURE SERVICES, INC. Title No. FCL-rtr655-15 (File No. t5-001245) SCHEDULE A DESCRIPTION Block 2901 and Lot 12 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Staten Island, County of Richmond, City and State of New York, bounded and described as follows: BEGINNING at a point on Mosel Loop, South 37 degrees 49 minutes 05 seconds West, 82.02 feet, South 52 degrees l0 minutes 55 seconds East, .75 feet, South 37 degrees 49 minutes 05 seconds West,26.52 feet from a point on Mosel Loop, South 52 degreesl0 minutes 55 seconds East,127.21feet from a point on the Southeasterly side of Mosel Au"nu" (50 feet wide), distant 70 feet Southwesterly, as measured along said Southeasterly side of Mosel Avenue from the point formed by the intersection of the Southeasterly side of Mosel Avenue (50 feet wide) with the Southwesterly side of Steuben Street (40 feet wide); RUNNING THENCE South 52 degrees 10 minutes 55 seconds East and part of the distance through a party waLL,72.66 feet to a point on the Northwesterly side of the Staten Island Rapid Transit; THENCE South 31 degrees 02 minutes 55 seconds West, 19.89 feet along the line of the Staten Island Rapid Transit to a point; THENCE North 52 degrees 10 minutes 55 seconds West and part of the distance through aa party wall, 69.36 feet to a point; THENCE North 4 degrees 51 minutes 02 seconds East, 10.3 I feet to a point on Mosel Loop; THENCE North 37 degrees 49 minutes 05 seconds East, 11.10 feet to the point orplace of BEGINNING. Premises known as 41 Mosel Loop, Staten fshnd, New York 9 of 11 INDEX NO. 135149/2016 ., NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND -" rHE BANK THE BANK oF rff;;d;;;r,;;r;- COSTS OF PLAINTIFF OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC. ASSET-BACKED CERTIFICATES SERIES 2006-19 Plaintiff VS INDEX #:135149/2016 TAMAYIA INGRAM, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, MORTGAGED PREMISES: COMMISSIONER OF SOCIAL SERVICES OF 41 MOSEL LOOP THE CITY OF NEW YORK SOCIAL STATEN ISLAND, NY 10304 SERVICES DISTRICT, BOARD OF DIRECTORS OF MOSEL AVENUE BL#:2901 - t2 HOMEOWNERS ASSOCIATION INC., NEW YORK CITY PARKING VIOLATIONS BUREAU, ---------_: "fendant(s) ----------------x COSTS Costs before Note of Issue - CpLR g201(l) Allowance $200.00 by statute - CPLR g302(a) (b) First $200.00 at tTyo $20.00 Next $800.00 at 5%o $40.00 Next $2000.00 at2o/o $40.00 Next $5000.00 at Iyo $50.00 $1s0.00 Additional allowance - CPLR 9302(d) Costs on motion $s0.00 - CPLR 8303(a) (1) $0.00 FEES AND DISBURSEMENTS Fee for index number - CPLR g0lg(a) Referee's fee to compute, per order of the court $400.00 - cpLR g003(a) $2s0.00 Paid for searches - CPLR 8301(a) (10) Serving copy of Summons and Compiaint $s27.44 _CpLR g30l(d) $s40.00 Reproduction costs - CPLR g30l(a)itZ) $0.00 10 of 11 INDEX NO. 135149/2016 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/19/2018 Fees forpublication of Summons - CPLR 8301(a)(3) $0.00 Certified copies of papers - CPLR 3301(a)(a) $0.00 Request for judicial intervention $9s.00 Clerk's fee for filing of Notice of Pendency - CPLR 801S(dX6), $3s.00 8021(a)(10) Motion fees $90.00 Note of Issue $0.00 Postal Cost $ Total: $2,347.44 11 of 11