Preview
At Part of the Supreme Court of the
State of New York held in and for the
County of Queens, at the Courthouse
thereof, at Jamaica, New York, on
, 2017.
Present: Hon. Allan B. Weiss, J.S.C.
U.S. Bank National Association, successor trustee to Bank of JUDGMENT OF
America, N.A., as successor to LaSalle Bank, N.A. as FORECLOSURE AND
Trustee, for Merrill Lynch First Franklin Mortgage Loan SALE
Trust, Mortgage Loan Asset-Backed Certificates, Series
2007-3, Index No. 712459/2015
Our File No.: 14-033536
Plaintiff,
-against-
Liaquat Aliahmad; Zaleena Aliahmad; City of New York
Environmental Control Board; City of New York Parking
Violations Bureau; City of New York Transit Adjudication
Bureau; Mr. Aliahmad,
Defendants. Premises:
143-20 84th Drive a/k/a 14320
84th Drive
Jamaica, NY 11435
Block 9723 Lot 170
ON the Summons, Complaint and Notice of Pendency duly filed in this action on
December 2, 2015, and all proceedings thereon; and on reading and Eling the Notice of Motion
dated, -'
<.~,, . n , 2017 and Affirmation of Regularity of Alexander Phengsiaroun,
Esq. dated n as -. —
.,-, , 2017, with exhibits annexed thereto, showing that all
Defendant(s) were duly served pursuant to the laws of the State of New York with a copy of the
Summons in this action, or have voluntarily appeared by their respective attorneys; and on the
proof of service upon and appearance, if any, by the Defendant(s) herein heretofore filed in this
action; and stating that more than the legally required number of days have elapsed since said
Defendant(s) were so served; and that none of the Defendant(s) have served an answer to said
Complaint, nor has their time to do so been extended; and upon the Affirmation of Services
Phengsiaroun '-
rendered of Alexander dated occwn wr , 2017; and
14-033536 3udgrnent of Foreclosure and Sale Page 1 of10
ON the Order of Reference signed November 1, 2017 and entered on November 15,
2017, appointing Alan Kestenbaum, Esq. as Referee in this action to ascertain and compute the
amount due, and to examine the Plaintiff or its agent on oath as to the allegations of the
complaint, and to examine and report whether the mortgaged premises should be sold in one or
more parcels;
AND on reading and filing of the oath and report of the aforesaid Referee sworn to and
dated December 14, 2017, it appears that the sum of $608,363.32 was due the Plaintiff, as of
November 17, 2017, plus a per diem interest for every day thereafter, on the date of said Report
and that the mortgaged premisps should be sold in one parcel.
NOW, on motion of Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff, itis
ORDERED, that the motion is granted without opposition; and itis further
ORDERED, ADJUDGED AND DECREED that the report of Alan Kestenbaum, Esq.
dated December 14, 2017, be, and the same is hereby, in allrespects, ratified and confirmed; and
itis further
ORDERED, ADJUDGED AND DECREED that by accepting this appointment the
referee certifies that they are 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
/
(" compensation"
appointment"), and § 36.2 (d) ("Limitat ons on appointments based upon compensation"); and it
is further
ORDERED, ADJUDGED, AND DECREED that the mortgaged premises (Block 9723
Lot 170) as further described in the complaint in this action and hereinafter described, or such
part thereof as may be sufficient to discharge the mortgage debt under the note and mortgage, the
expenses of the sale and the costs of this action as provided by the Real Property Actions and
Proceeding Law be sold, in one parcel, at public auction in the Queens County Supreme Court,
88-11 Sutphin Blvd., Jamaica, New York 11435, in Courtroom #25, at 11:00 a.m. on a Friday ,
14-033536 Judgment of Foreclosure and Sale Page 2 of 10
within ninety (90) days of the entry of this Judgment by and under the direction of Alan
Kestenbaum, Esq., who is hereby appointed Referee for that purpose, in the absence of the
designated Referee, the court will designate a substitute referee forthwith; that said Referee give
public notice of the time and place of such sale in accordance with law, practice of this Court and
RPAPL § 231 in and that the Plaintiff or any other
party to this action may become the purchaser at such sale; that in case the plaintiff shall become
the purchaser at the said sale, they shall not be required to make any deposit thereon; that said
Referee execute to the purchaser or purchasers on such sale a deed of the premises sold; that in
the event a party other than the plaintiff becomes the purchaser or purchasers at such sale they
shall be required to tender a deposit of 10% of the purchase price in certified funds and that all
deed stamps, transfer taxes and recording fees, if any, shall be paid by the purchaser, and the
closing of title shall be had thirty days after such sale unless otherwise stipulated by all parties to
the sale and if such closing is required, and the Referee seeks and is awarded additional fees for
said closing, those fees shall be paid by purchaser; and itis further
ORDERED, ADJUDGED AND DECREED, that said Referee on receiving the
proceeds of the sale, shall forthwith pay therefrom, in accordance with their priority according to
law, the taxes, assessments, sewer rents or water rates which are or may become liens on the
premises at the time of sale with such interest or penalties which may have lawfully accrued
thereon to the date of payment; and itis further
ORDERED, ADJUDGED AND DECREED, that said Referee then deposit the balance
of said proceeds of sale in his/her'own name as Referee in ,
and shall thereafter make the following payments and his/her checks drawn for that purpose shall
be paid by said depository;
FIRST: That statutory fees of the Referee in the sum of $500.00.
14-033536 Judgment of Foreclosure and Sale Page 3of 10
SECOND: The expenses of 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 and filed with said Depository
and Clerk of this Court. The Referee shall not be held 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: Said Referee shall also pay to the plaintiff or plaintiff s attorney, the sum
of $1,891.00 to be determined by the Clerk and adjudged to the Plaintiff
t
for costs and disbursements in this action or as taxed by the Clerk on the
Costs of Plaintiff and inserted therein, with interest thereon from the date
attorneys'
hereof; together with reasonable fees in the sum of $4,950.00 as
provided for in paragraph 22 of the mortgage, and also the sum of
$608,363.32 the said amount so reported due as aforesaid, together with
contractual interest thereon from November 17, 2017, the date interest was
calculated to in said report to the date of entry of the Judgment and legal
interest thereafter, or so much thereof as the purchase money of the
mortgaged premises will pay of the same, together with any advances
paid the Plaintiff for taxes, fire insurance, principal and
necessarily by
interest to prior mortgages to preserve and or maintain the premises not
included in any computations, and upon presentation of
previously
receipts for said expenditures to the Referee, all together with interest
thereon pursuant to the note and mortgage.
FOURTH: If such Referee intends to apply for a further allowance for fees, the
Referee leave upon deposit such amount as will cover such additional
may
14-033536 Judgment of Foreclosure aud Sale Page 4 of 10
allowance to await the further order of this Court thereon after application
duly made. Upon due notice to those parties entitled thereof.
That in case the plaintiff be the purchaser of said mortgaged premises at said sale, or in
the event that the rights of the purchasers at said sale and the terms of sale under the judgment
shall be assigned to and be acquired by the plaintiff, and a valid assignment thereof filed with
said Referee, said Referee shall not require the plaintiff to pay in cash the entire amount bid at
said sale, but shall execute and deliver to the plaintiff or its assignee, a deed or deeds of the
premises sold upon the payment to said Referee of the amount specified above in items marked
"FIRST" "SECOND"
and and the amounts of the aforesaid taxes, assessments, sewer rents and
water rates, with interest and penalties thereon, or in lieu of the payment of said last mentioned
amounts, upon filing with said Referee receipts of the proper municipal authorities showing
payment thereof; that the balance of the amount bid, after deducting therefrom the aforesaid
amounts paid by the plaintiff for Referee's fees, advertising expenses, taxes, assessments, sewer
rents and water rates shall be allowed to the Plaintiff and applied by said Referee upon the
amounts due to the plaintiff as specified in item marked "THIRD"; that if after so applying the
balance of the amount bid, there shall be a surplus over and above the said amounts due to the
Referee'
plaintiff, the plaintiff shall pay to the said Referee, upon delivery to plaintiff of said Referee's
deed, the amount of such surplus; that said Referee on receiving said several amounts from the
plaintiff shall forthwith pay therefrom said taxes, assessments, sewer rents, water rates, with
interest and penalties thereon, unless the same have already been paid, and shall then deposit the
balance.
The said Referee shall take the receipt of the Plaintiff or the attorneys for the Plaintiff for
)
in
"THIRD" and file itwith the report of that
the amounts paid as directed Item above, sale;
surplus monies be deposited, if any, with the Queens County Clerk within five days after the
same shall be received and be ascertainable, to the credit of this action, to be withdrawn only on
!.4-033536 3udgtnent of I'oreclosureand Sale Page 5 of10
an order of this Court, signed by a Justice öf this Court. The Referee shall make the report of
such sale under oath showing the disposition of the proceeds of the sale and accompanied by the
vouchers of the persons to whom payments were made, and shall file itwith the Queens County
Clerk within thirty days after completing the sale and executing the proper conveyance to the
purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due to
the Plaintiff with interest and costs as aforesaid, the aforesaid referee shall report the amount of
such deficiency in the report of sale; that the Plaintiff shall recover from the Defendant(s),
Liaquat Aliahmad, unless discharged in bankruptcy, the whole deficiency or so much thereof as
this Court may determine to be just and equitable of the residue of the mortgage debt remaining
unsatisfied after a sale of the mortgaged premises and the application of the proceeds thereof,
provided a motion for a deficiency judgment shall be made as prescribed by § 1371 of the Real
Property Actions and Proceedings Law within the time limited therein, and the amount thereof if
determined and awarded by an Order of this Court as provided for in said section; and itis
further
ORDERED, ADJUDGED AND DECREED, that the Referee shall not be held
responsible for the payment of penalties or fees pursuant to this appointment. Purchaser or any
'1
titlecompany hired by the purchaser shall be Esponsible
responsible for any penalties or fees incurred as a
result of late payment of the tax as required by City Administrative Code 19 RCNY 23-08(a),
which requires payment within 30 days. The purchaser shall hold the Referee harmless from any
such penalties assessed as a result of the late payment of these taxes; and itis further
ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at said
sale be letinto possession on production or delivery of the Referee's deed or deeds; and itis
further
ORDERED, ADJUDGED AND DECREED that each and all of the Defendant(s) in
this action and all persons claiming under them, or any or either of them, after the filing of such
14-033536 Judgment, of Foreclosure and Sale Page 6 of10
notice of pendency of this action, be and they are hereby forever barred and foreclosed of all
right, claim, lien, title,interest, and equity of redemption in said mortgaged premises and each
and every part thereof; and itis further
ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one
is"
parcel in "as physical order and condition, subject to any state of facts that an inspection of
the premises would disclose; any state of facts than an accurate survey of the premises would
show, any covenants, restrictions, declarations, reservations, easements, rights of way and public
utility agreement of record, if any; any building and zoning ordinances of the municipality in
which the mortgaged premises is located and possible violations of same; any rights of tenants or
persons in possession of the subject premises; prior lien(s) of record, ifany, except those liens
addressed in § 1354 of the Real Property Actions and Proceeding Law; any equity of redemption
of the UNITED STATES OF AMERICA to redeem the premises within 120 days from date of
sale; and itis further; and itis further
ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the
owner of the equity of redemption, any tenants named in this action and any other party entitled
I
to notice.
ORDERED, ADJUDGED AND ÜECREED, that transfer tax is not a lien upon the
Property or an expense of sale, but rather an expense of recording the deed. All expenses of
recording the Referee's Deed shall be paid by the purchaser and not the Referee from sale
proceeds.
ORDERED, ADJUDGED AND DECREED, that for purposes of statutory compliance
with RPAPL 1351(1), the date of the Judgment of Foreclosure and Sale shall be deemed to be the
I
date of entry of the Judgment of oreclosure and Sale.
14-033536 Judgment of Foreclosure and Sale Page 7 of 10
Said premises commonly known as 143-20 84th Drive a/k/a 14320 84th Drive, Jamaica,
NY 11435. A description of said mortgaged premises is annexed hereto and made a part hereof
as Schedule A.
Date: .
ENTER,
Hon. Allan B. Weiss, J.S.C.
Attorney certification
pursuant
to 22NYCRR § 130-1.1-a
is affixed
to insidecover.
14-033536 Judgment of Foreclosure and Sale Page 8 of10
Solutionstar Settlement Services
420 Rouser Road
Coraopolis, PA 15108
SCNEDULE A
DESCRIPTION OF MORTGAGED PREMESES
Title No.12-02888001
ALL that certain plot,piece or parcel ofland, with buildings and improvements
thereon erected, situate,tying and being at Jamaica, in the Fourth Ward, Borough
and County ofQueens, Cityand State of New York, shown on a certain map
City,"
entitled "Map of Briarwood Borough ofQueens, New York surveyed by
Erlandsen & Crowall, April1924, and fliedIn the officeof the clerkof the County of
Queens May 9, 1924, under fileNo.4502 bounded and described as follows:
BEGINNING at a point on the southeast side ofBriarwood Avenue, now known as
84th Drive,a distant eight hundred and fiftyseven (857) feet and sixty eight one
hundred (68/100) ofa foot along the southeast side of Briarwood Avenue,
southwest from the from the intersection ofthe southeast side of Briarwood
Avenue, with the southwest side ofVictoria Avenue, now known as 148th Street, as
said Avenue and street are laidout on the above mentioned Map;
RUNNING THENCE south fiftynine (59) degrees, thirty(30) minutes, five (5)
seconds east ninety four (94) feet and four
fifty one hundred (54/100) of a foot;
THENCE southwest at an Interior angle ofseventy eight (78) degrees, forty eight
(48) minutes, Twelve (12) seconds with the last mentioned course, fiftytwo (52)
feet and twenty two one hundred (22/100) of a foot;
THENCE north fifty
(50) degrees, forty seven (47) minutes, thirtythree (33)
seconds west, eighty eight (88) feet and thirty one hundred (30/100) of a foot to
south east sideof Brierwood Avenue;
RUNNING THENCE northeast along the southeast side of brianvood Avenue Thirty
efght(38)
eight(38) feet to the point orplace
pface of BEGINNING,
BEGINNING.
Preview
At Part of the Supreme Court of the State of New York held in and for the County of Queens, at the Courthouse thereof, at Jamaica, New York, on , 2017. Present: Hon. Allan B. Weiss, J.S.C. U.S. Bank National Association, successor trustee to Bank of JUDGMENT OF America, N.A., as successor to LaSalle Bank, N.A. as FORECLOSURE AND Trustee, for Merrill Lynch First Franklin Mortgage Loan SALE Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-3, Index No. 712459/2015 Our File No.: 14-033536 Plaintiff, -against- Liaquat Aliahmad; Zaleena Aliahmad; City of New York Environmental Control Board; City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau; Mr. Aliahmad, Defendants. Premises: 143-20 84th Drive a/k/a 14320 84th Drive Jamaica, NY 11435 Block 9723 Lot 170 ON the Summons, Complaint and Notice of Pendency duly filed in this action on December 2, 2015, and all proceedings thereon; and on reading and Eling the Notice of Motion dated, -' <.~,, . n , 2017 and Affirmation of Regularity of Alexander Phengsiaroun, Esq. dated n as -. — .,-, , 2017, with exhibits annexed thereto, showing that all Defendant(s) were duly served pursuant to the laws of the State of New York with a copy of the Summons in this action, or have voluntarily appeared by their respective attorneys; and on the proof of service upon and appearance, if any, by the Defendant(s) herein heretofore filed in this action; and stating that more than the legally required number of days have elapsed since said Defendant(s) were so served; and that none of the Defendant(s) have served an answer to said Complaint, nor has their time to do so been extended; and upon the Affirmation of Services Phengsiaroun '- rendered of Alexander dated occwn wr , 2017; and 14-033536 3udgrnent of Foreclosure and Sale Page 1 of10 ON the Order of Reference signed November 1, 2017 and entered on November 15, 2017, appointing Alan Kestenbaum, Esq. as Referee in this action to ascertain and compute the amount due, and to examine the Plaintiff or its agent on oath as to the allegations of the complaint, and to examine and report whether the mortgaged premises should be sold in one or more parcels; AND on reading and filing of the oath and report of the aforesaid Referee sworn to and dated December 14, 2017, it appears that the sum of $608,363.32 was due the Plaintiff, as of November 17, 2017, plus a per diem interest for every day thereafter, on the date of said Report and that the mortgaged premisps should be sold in one parcel. NOW, on motion of Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff, itis ORDERED, that the motion is granted without opposition; and itis further ORDERED, ADJUDGED AND DECREED that the report of Alan Kestenbaum, Esq. dated December 14, 2017, be, and the same is hereby, in allrespects, ratified and confirmed; and itis further ORDERED, ADJUDGED AND DECREED that by accepting this appointment the referee certifies that they are 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 / (" compensation" appointment"), and § 36.2 (d) ("Limitat ons on appointments based upon compensation"); and it is further ORDERED, ADJUDGED, AND DECREED that the mortgaged premises (Block 9723 Lot 170) as further described in the complaint in this action and hereinafter described, or such part thereof as may be sufficient to discharge the mortgage debt under the note and mortgage, the expenses of the sale and the costs of this action as provided by the Real Property Actions and Proceeding Law be sold, in one parcel, at public auction in the Queens County Supreme Court, 88-11 Sutphin Blvd., Jamaica, New York 11435, in Courtroom #25, at 11:00 a.m. on a Friday , 14-033536 Judgment of Foreclosure and Sale Page 2 of 10 within ninety (90) days of the entry of this Judgment by and under the direction of Alan Kestenbaum, Esq., who is hereby appointed Referee for that purpose, in the absence of the designated Referee, the court will designate a substitute referee forthwith; that said Referee give public notice of the time and place of such sale in accordance with law, practice of this Court and RPAPL § 231 in and that the Plaintiff or any other party to this action may become the purchaser at such sale; that in case the plaintiff shall become the purchaser at the said sale, they shall not be required to make any deposit thereon; that said Referee execute to the purchaser or purchasers on such sale a deed of the premises sold; that in the event a party other than the plaintiff becomes the purchaser or purchasers at such sale they shall be required to tender a deposit of 10% of the purchase price in certified funds and that all deed stamps, transfer taxes and recording fees, if any, shall be paid by the purchaser, and the closing of title shall be had thirty days after such sale unless otherwise stipulated by all parties to the sale and if such closing is required, and the Referee seeks and is awarded additional fees for said closing, those fees shall be paid by purchaser; and itis further ORDERED, ADJUDGED AND DECREED, that said Referee on receiving the proceeds of the sale, shall forthwith pay therefrom, in accordance with their priority according to law, the taxes, assessments, sewer rents or water rates which are or may become liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued thereon to the date of payment; and itis further ORDERED, ADJUDGED AND DECREED, that said Referee then deposit the balance of said proceeds of sale in his/her'own name as Referee in , and shall thereafter make the following payments and his/her checks drawn for that purpose shall be paid by said depository; FIRST: That statutory fees of the Referee in the sum of $500.00. 14-033536 Judgment of Foreclosure and Sale Page 3of 10 SECOND: The expenses of 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 and filed with said Depository and Clerk of this Court. The Referee shall not be held 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: Said Referee shall also pay to the plaintiff or plaintiff s attorney, the sum of $1,891.00 to be determined by the Clerk and adjudged to the Plaintiff t for costs and disbursements in this action or as taxed by the Clerk on the Costs of Plaintiff and inserted therein, with interest thereon from the date attorneys' hereof; together with reasonable fees in the sum of $4,950.00 as provided for in paragraph 22 of the mortgage, and also the sum of $608,363.32 the said amount so reported due as aforesaid, together with contractual interest thereon from November 17, 2017, the date interest was calculated to in said report to the date of entry of the Judgment and legal interest thereafter, or so much thereof as the purchase money of the mortgaged premises will pay of the same, together with any advances paid the Plaintiff for taxes, fire insurance, principal and necessarily by interest to prior mortgages to preserve and or maintain the premises not included in any computations, and upon presentation of previously receipts for said expenditures to the Referee, all together with interest thereon pursuant to the note and mortgage. FOURTH: If such Referee intends to apply for a further allowance for fees, the Referee leave upon deposit such amount as will cover such additional may 14-033536 Judgment of Foreclosure aud Sale Page 4 of 10 allowance to await the further order of this Court thereon after application duly made. Upon due notice to those parties entitled thereof. That in case the plaintiff be the purchaser of said mortgaged premises at said sale, or in the event that the rights of the purchasers at said sale and the terms of sale under the judgment shall be assigned to and be acquired by the plaintiff, and a valid assignment thereof filed with said Referee, said Referee shall not require the plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the plaintiff or its assignee, a deed or deeds of the premises sold upon the payment to said Referee of the amount specified above in items marked "FIRST" "SECOND" and and the amounts of the aforesaid taxes, assessments, sewer rents and water rates, with interest and penalties thereon, or in lieu of the payment of said last mentioned amounts, upon filing with said Referee receipts of the proper municipal authorities showing payment thereof; that the balance of the amount bid, after deducting therefrom the aforesaid amounts paid by the plaintiff for Referee's fees, advertising expenses, taxes, assessments, sewer rents and water rates shall be allowed to the Plaintiff and applied by said Referee upon the amounts due to the plaintiff as specified in item marked "THIRD"; that if after so applying the balance of the amount bid, there shall be a surplus over and above the said amounts due to the Referee' plaintiff, the plaintiff shall pay to the said Referee, upon delivery to plaintiff of said Referee's deed, the amount of such surplus; that said Referee on receiving said several amounts from the plaintiff shall forthwith pay therefrom said taxes, assessments, sewer rents, water rates, with interest and penalties thereon, unless the same have already been paid, and shall then deposit the balance. The said Referee shall take the receipt of the Plaintiff or the attorneys for the Plaintiff for ) in "THIRD" and file itwith the report of that the amounts paid as directed Item above, sale; surplus monies be deposited, if any, with the Queens County Clerk within five days after the same shall be received and be ascertainable, to the credit of this action, to be withdrawn only on !.4-033536 3udgtnent of I'oreclosureand Sale Page 5 of10 an order of this Court, signed by a Justice öf this Court. The Referee shall make the report of such sale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of the persons to whom payments were made, and shall file itwith the Queens County Clerk within thirty days after completing the sale and executing the proper conveyance to the purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due to the Plaintiff with interest and costs as aforesaid, the aforesaid referee shall report the amount of such deficiency in the report of sale; that the Plaintiff shall recover from the Defendant(s), Liaquat Aliahmad, unless discharged in bankruptcy, the whole deficiency or so much thereof as this Court may determine to be just and equitable of the residue of the mortgage debt remaining unsatisfied after a sale of the mortgaged premises and the application of the proceeds thereof, provided a motion for a deficiency judgment shall be made as prescribed by § 1371 of the Real Property Actions and Proceedings Law within the time limited therein, and the amount thereof if determined and awarded by an Order of this Court as provided for in said section; and itis further ORDERED, ADJUDGED AND DECREED, that the Referee shall not be held responsible for the payment of penalties or fees pursuant to this appointment. Purchaser or any '1 titlecompany hired by the purchaser shall be Esponsible responsible for any penalties or fees incurred as a result of late payment of the tax as required by City Administrative Code 19 RCNY 23-08(a), which requires payment within 30 days. The purchaser shall hold the Referee harmless from any such penalties assessed as a result of the late payment of these taxes; and itis further ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at said sale be letinto possession on production or delivery of the Referee's deed or deeds; and itis further ORDERED, ADJUDGED AND DECREED that each and all of the Defendant(s) in this action and all persons claiming under them, or any or either of them, after the filing of such 14-033536 Judgment, of Foreclosure and Sale Page 6 of10 notice of pendency of this action, be and they are hereby forever barred and foreclosed of all right, claim, lien, title,interest, and equity of redemption in said mortgaged premises and each and every part thereof; and itis further ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one is" parcel in "as physical order and condition, subject to any state of facts that an inspection of the premises would disclose; any state of facts than an accurate survey of the premises would show, any covenants, restrictions, declarations, reservations, easements, rights of way and public utility agreement of record, if any; any building and zoning ordinances of the municipality in which the mortgaged premises is located and possible violations of same; any rights of tenants or persons in possession of the subject premises; prior lien(s) of record, ifany, except those liens addressed in § 1354 of the Real Property Actions and Proceeding Law; any equity of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from date of sale; and itis further; and itis further ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the owner of the equity of redemption, any tenants named in this action and any other party entitled I to notice. ORDERED, ADJUDGED AND ÜECREED, that transfer tax is not a lien upon the Property or an expense of sale, but rather an expense of recording the deed. All expenses of recording the Referee's Deed shall be paid by the purchaser and not the Referee from sale proceeds. ORDERED, ADJUDGED AND DECREED, that for purposes of statutory compliance with RPAPL 1351(1), the date of the Judgment of Foreclosure and Sale shall be deemed to be the I date of entry of the Judgment of oreclosure and Sale. 14-033536 Judgment of Foreclosure and Sale Page 7 of 10 Said premises commonly known as 143-20 84th Drive a/k/a 14320 84th Drive, Jamaica, NY 11435. A description of said mortgaged premises is annexed hereto and made a part hereof as Schedule A. Date: . ENTER, Hon. Allan B. Weiss, J.S.C. Attorney certification pursuant to 22NYCRR § 130-1.1-a is affixed to insidecover. 14-033536 Judgment of Foreclosure and Sale Page 8 of10 Solutionstar Settlement Services 420 Rouser Road Coraopolis, PA 15108 SCNEDULE A DESCRIPTION OF MORTGAGED PREMESES Title No.12-02888001 ALL that certain plot,piece or parcel ofland, with buildings and improvements thereon erected, situate,tying and being at Jamaica, in the Fourth Ward, Borough and County ofQueens, Cityand State of New York, shown on a certain map City," entitled "Map of Briarwood Borough ofQueens, New York surveyed by Erlandsen & Crowall, April1924, and fliedIn the officeof the clerkof the County of Queens May 9, 1924, under fileNo.4502 bounded and described as follows: BEGINNING at a point on the southeast side ofBriarwood Avenue, now known as 84th Drive,a distant eight hundred and fiftyseven (857) feet and sixty eight one hundred (68/100) ofa foot along the southeast side of Briarwood Avenue, southwest from the from the intersection ofthe southeast side of Briarwood Avenue, with the southwest side ofVictoria Avenue, now known as 148th Street, as said Avenue and street are laidout on the above mentioned Map; RUNNING THENCE south fiftynine (59) degrees, thirty(30) minutes, five (5) seconds east ninety four (94) feet and four fifty one hundred (54/100) of a foot; THENCE southwest at an Interior angle ofseventy eight (78) degrees, forty eight (48) minutes, Twelve (12) seconds with the last mentioned course, fiftytwo (52) feet and twenty two one hundred (22/100) of a foot; THENCE north fifty (50) degrees, forty seven (47) minutes, thirtythree (33) seconds west, eighty eight (88) feet and thirty one hundred (30/100) of a foot to south east sideof Brierwood Avenue; RUNNING THENCE northeast along the southeast side of brianvood Avenue Thirty efght(38) eight(38) feet to the point orplace pface of BEGINNING, BEGINNING.