Preview
At IAS Part of the Supreme Court
held in the County of Richmond, at the
Richmond Courthouse thereof, on the ___
day of , 20___.
PRESENT:
JUSTICE OF THE SUPREME COURT
JPMorgan Chase Bank, National Association, INDEX NO.: 135653/2015
Plaintiff, ORDER CONFIRMING REFEREE
REPORT AND JUDGMENT OF
vs. FORECLOSURE AND SALE
Brian Licata; Amy Licata; Secretary of MORTGAGED PROPERTY:
Housing and Urban Developincnt; City of New 22 Von Braun Avenue
York Department of Transportation Parking Staten Island, New York 10312
Violations Bureau,
Block: 5676 Lot: 82
Defendants.
UPON the Summons, Complaint, and Notice of Pendency filed in this action on July 9,
2015, the Notice of Motion dated Decemberd, 2018, the Affirmation by Marika Dagounis,
Esq., the Affidavit of Merit and Amount Due by Tishea E. Inman who is Vice President of
JPMorgan Chase Bank, N.A., Plaintiff, duly sworn to on June 22, 2017, together with the
exhibits annexed thereto, all in support of Plaintiffs motion for an Order Confirming Referee
Report and 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 has voluntarily appeared either personally or by an attorney or
has not served any answer to the Complaint or otherwise appeared, nor had their time to do so
extended; and it appearing that more than the legally required number of days has elapsed since
defendants Brian Licata, Amy Licata, Secretary of Housing and Urban Development and City of
New York Department of Transportation Parking Violations Bureau, were so served and/or
appeared; and Plaintiff having established to the court's satisfaction that a judgment against
9926-1590
defendants is warranted; and
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants Brian Licata, Amy Licata, Secretary of
Housing and Urban Development and City of New York Department of Transportation Parking
Violations Bureau are not absent, in accordance with RPAPL §1321(2); and
UPON the Notice of Appearance dated July 24, 2015, filed by Beth P. Schwartz, Esq., on
behalf of United States of America; 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 Philip J. Smallman, Esq., dated August 10, 2018,
showing the sum of $386,876.83 due as of the date in said Report 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 Marika Dagounis, Esq., attorney for the Plaintiff, itis hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is,
hereby in allrespects ratified and confirmed; and it isfurther
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
; by and under the direction of Philip J.
9926-1590
Smallman, Esq.; 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
; and itis further
ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the
Referee certifies that he 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 compcñsation"); 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 itis 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 ChiefAdministrative Judge; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the
foreclosure sale only if Plaintiff, its successors and/or assignees, or itsrepresentative 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 itsrepresentative; and itis further
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 §l351(1) is extended for the Referee to conduct the sale as soon as reasonably
practicable; and itis further
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Plaintiffs attorney, just as though Plaintiff were
physically present to submit said bid; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid
9926-1590
offered by a bidder who shall be identified upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the purchase of the property, and to
pay
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
required; and itis 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 shall
property
immediately and on the same day be reoffered at auction; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down
payment and proceeds of sale, as necessary, in in
his/her own name as Referee, in accordance with CPLR 2609; and itis 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 itis further
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 itis 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
9926-1590
proceeded diligently to completion, whichever comes first, provided however, that a court of
competent jurisdiction may grant an extension for good cause; and itis 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 itis 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 ,
and shall thereafter make the following payments in accordance with RPAPL §1354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance with
CPLR 8003(b), not to exceed $500.00 unless the property sells for $50,000.00 or more or
in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in
the sum of $ 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
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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: $386,876.83 as of June 20, 2017, with
interest at the Note rate until May 31, 2017, 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 the note and
mortgage, and then with interest from the date of entry of thisjudgment at the statutory rate until
the date the deed is transferred.
Costs and Disbursemêñts: $1,264.94 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: $300.00 is hereby awarded to Plaintiff in addition to
costs, with interest at the statutory judgment rate from the date of entry of this judgment,
pursuant to CPLR Article 83;
Attorney Fees: $720.00 is hereby awarded to Plaintiff as reasonable legal fees
herein, with interest at the statutory rate from the date of entry of this judgment;
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 §l354(4) and in
accordance with local County rules regarding Surplus Monies; and itis further
9926-1590
ORDERED, ADJUDGED AND DECREED that ifthe 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 assignee, a deed or
deeds of the property sold upon the payment to said Referee of the amounts specified in items
"Third"
marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the
"Second" "Third"
amounts specified in and above when it isrecording the deed; that the balance
of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due
"Fourth"
Plaintiff as specified in paragraph above; that Plaintiff shall pay any surplus after
applying the balance of the bid to the Referee, who shall deposit itin accordance with paragraph
"Fifth"
above; and itis 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 itis further
ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in
"First," "Fourth"
accordance with paragraphs "Second, "Third", and above are insufficient to pay
"Fourth"
Plaintiff the Amount Due per the Referee's Report as set forth in paragraph above,
Plaintiff seek to recover a judgment against Brian Licata in accordance with
may deficiency
RPAPL §l371 if permitted by law; and itis further
ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in
is" inspection of
one parcel in "as physical order and condition, subject to any condition that an
9926-1590
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 itis further
ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of
the property upon production in hand of the Referee's Deed or upon personal service of the
Referee's deed in accordance with CPLR 308; and itis 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 itis further
ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale
and the proper conveyance to the purchaser, unless the time is extended by the court,
executing
the officer the sale shall file with the clerk a report under oath of the disposition of the
making
proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules
handling of Surplus Monies; and itis further
regarding
ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said
sale upon the bid and/or the terms of sale the Referee may place the property for resale
default(s)
9926-1590
without prior application to the Court unless Plaintiffs attorneys shall elect to make such
application; and itis 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 isfurther
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 and the
deed duly recorded; and itis 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 itis 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 thisjudgment
stating whether the sale has occurred and the outcome thereof.
Said property is commonly known as 22 Von Braun Avenue, Staten Island, NY 10312.
The legal description of the mortgaged property referred to herein is annexed hereto as Schedule
A.
ENTER:
DATED: ,J.S.C.
9926-1590
SCHEDULE A
LEGAL DESCRIPTION
All that ccitaiñ plot,piece or parcel of land, situate, lying and being in the Borough of Staten Island,
of and State of New bn=dad and described as follows:
County Richmond, City York,
BEGINNING at a point on the southerly side of Von Braun Avenue, as adopted distant 252.20 feet
from the point formed by the intersectioñ of the southerly side of Von Braun Avenue with the easterly
side of Woehrle Avenue as adopted by the City of New York;
RUNNING THENCE south 9 degrees 36 minutes 47 seconds east and part of the distance through a
party wall 100 feet to a point;
RUNNING THENCE north 80 degrees 23 minutes 13 seconds east 3139 feet to a point;
RUNNING THENCE north 9 degrees 36 minutes 47 seconds west, deed (N 10 degrees 25 minutes 14
seconds W, USS) 100.01 feet to the southerly side of Von Braun Avenue as adopted;
RUNNING THENCE westerly along the southerly side of Von Braun Avenue as adopted south 80
degrees 23 minutes 13 seconds west 29.98 feet to the point or place of BEGINNING.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND INDEX NO.: 135653/2015
JPMorgan Chase Bank, National Association,
Plaintiff,
vs.
Brian Licata, et al.,
Defendants.
ORDER CONFIRMING REFEREE REPORT
AND JUDGMENT OF FORECLOSURE AND SALE
__
McCalla Raymer Leibert Pierce, LLC
420 Lexington Avenue, Suite 840
New York, New York 10170
Phone: 347-286-7409
Fax: 347-286-7414
Attorneys for Plaintiff
==================================================================================
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies thatupon
information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous.
Dated:
Service of a copy of the within ishereby admitted.
Dated:
Attorney(s) for:
PLEASE TAKE NOTICE
D that the within a (certified) true copy of a
entered in the office of the clerk of the within named Court on 20
O that an Order of which the within is a true copy will be presented for settlement to the
Hon. On of the judges of the within named Court,
At
on 20 , at
Dated:
9926-1590
Preview
At IAS Part of the Supreme Court held in the County of Richmond, at the Richmond Courthouse thereof, on the ___ day of , 20___. PRESENT: JUSTICE OF THE SUPREME COURT JPMorgan Chase Bank, National Association, INDEX NO.: 135653/2015 Plaintiff, ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF vs. FORECLOSURE AND SALE Brian Licata; Amy Licata; Secretary of MORTGAGED PROPERTY: Housing and Urban Developincnt; City of New 22 Von Braun Avenue York Department of Transportation Parking Staten Island, New York 10312 Violations Bureau, Block: 5676 Lot: 82 Defendants. UPON the Summons, Complaint, and Notice of Pendency filed in this action on July 9, 2015, the Notice of Motion dated Decemberd, 2018, the Affirmation by Marika Dagounis, Esq., the Affidavit of Merit and Amount Due by Tishea E. Inman who is Vice President of JPMorgan Chase Bank, N.A., Plaintiff, duly sworn to on June 22, 2017, together with the exhibits annexed thereto, all in support of Plaintiffs motion for an Order Confirming Referee Report and 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 has voluntarily appeared either personally or by an attorney or has not served any answer to the Complaint or otherwise appeared, nor had their time to do so extended; and it appearing that more than the legally required number of days has elapsed since defendants Brian Licata, Amy Licata, Secretary of Housing and Urban Development and City of New York Department of Transportation Parking Violations Bureau, were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against 9926-1590 defendants is warranted; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants Brian Licata, Amy Licata, Secretary of Housing and Urban Development and City of New York Department of Transportation Parking Violations Bureau are not absent, in accordance with RPAPL §1321(2); and UPON the Notice of Appearance dated July 24, 2015, filed by Beth P. Schwartz, Esq., on behalf of United States of America; 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 Philip J. Smallman, Esq., dated August 10, 2018, showing the sum of $386,876.83 due as of the date in said Report 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 Marika Dagounis, Esq., attorney for the Plaintiff, itis hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and itis further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is, hereby in allrespects ratified and confirmed; and it isfurther 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 ; by and under the direction of Philip J. 9926-1590 Smallman, Esq.; 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 ; and itis further ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the Referee certifies that he 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 compcñsation"); 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 itis 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 ChiefAdministrative Judge; and itis further ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff, its successors and/or assignees, or itsrepresentative 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 itsrepresentative; and itis further 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 §l351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and itis further ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiffs attorney, just as though Plaintiff were physically present to submit said bid; and itis further ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid 9926-1590 offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, and to pay 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 required; and itis 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 shall property immediately and on the same day be reoffered at auction; and itis further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment and proceeds of sale, as necessary, in in his/her own name as Referee, in accordance with CPLR 2609; and itis 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 itis further 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 itis 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 9926-1590 proceeded diligently to completion, whichever comes first, provided however, that a court of competent jurisdiction may grant an extension for good cause; and itis 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 itis 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 , and shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR 8003(b), not to exceed $500.00 unless the property sells for $50,000.00 or more or in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of $ 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 9926-1590 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: $386,876.83 as of June 20, 2017, with interest at the Note rate until May 31, 2017, 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 the note and mortgage, and then with interest from the date of entry of thisjudgment at the statutory rate until the date the deed is transferred. Costs and Disbursemêñts: $1,264.94 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: $300.00 is hereby awarded to Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $720.00 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; 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 §l354(4) and in accordance with local County rules regarding Surplus Monies; and itis further 9926-1590 ORDERED, ADJUDGED AND DECREED that ifthe 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 assignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items "Third" marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the "Second" "Third" amounts specified in and above when it isrecording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due "Fourth" Plaintiff as specified in paragraph above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit itin accordance with paragraph "Fifth" above; and itis 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 itis further ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in "First," "Fourth" accordance with paragraphs "Second, "Third", and above are insufficient to pay "Fourth" Plaintiff the Amount Due per the Referee's Report as set forth in paragraph above, Plaintiff seek to recover a judgment against Brian Licata in accordance with may deficiency RPAPL §l371 if permitted by law; and itis further ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in is" inspection of one parcel in "as physical order and condition, subject to any condition that an 9926-1590 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 itis further ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of the property upon production in hand of the Referee's Deed or upon personal service of the Referee's deed in accordance with CPLR 308; and itis 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 itis further ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and the proper conveyance to the purchaser, unless the time is extended by the court, executing the officer the sale shall file with the clerk a report under oath of the disposition of the making proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules handling of Surplus Monies; and itis further regarding ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale upon the bid and/or the terms of sale the Referee may place the property for resale default(s) 9926-1590 without prior application to the Court unless Plaintiffs attorneys shall elect to make such application; and itis 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 isfurther 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 and the deed duly recorded; and itis 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 itis 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 thisjudgment stating whether the sale has occurred and the outcome thereof. Said property is commonly known as 22 Von Braun Avenue, Staten Island, NY 10312. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A. ENTER: DATED: ,J.S.C. 9926-1590 SCHEDULE A LEGAL DESCRIPTION All that ccitaiñ plot,piece or parcel of land, situate, lying and being in the Borough of Staten Island, of and State of New bn=dad and described as follows: County Richmond, City York, BEGINNING at a point on the southerly side of Von Braun Avenue, as adopted distant 252.20 feet from the point formed by the intersectioñ of the southerly side of Von Braun Avenue with the easterly side of Woehrle Avenue as adopted by the City of New York; RUNNING THENCE south 9 degrees 36 minutes 47 seconds east and part of the distance through a party wall 100 feet to a point; RUNNING THENCE north 80 degrees 23 minutes 13 seconds east 3139 feet to a point; RUNNING THENCE north 9 degrees 36 minutes 47 seconds west, deed (N 10 degrees 25 minutes 14 seconds W, USS) 100.01 feet to the southerly side of Von Braun Avenue as adopted; RUNNING THENCE westerly along the southerly side of Von Braun Avenue as adopted south 80 degrees 23 minutes 13 seconds west 29.98 feet to the point or place of BEGINNING. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND INDEX NO.: 135653/2015 JPMorgan Chase Bank, National Association, Plaintiff, vs. Brian Licata, et al., Defendants. ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF FORECLOSURE AND SALE __ McCalla Raymer Leibert Pierce, LLC 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347-286-7409 Fax: 347-286-7414 Attorneys for Plaintiff ================================================================================== Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies thatupon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: Service of a copy of the within ishereby admitted. Dated: Attorney(s) for: PLEASE TAKE NOTICE D that the within a (certified) true copy of a entered in the office of the clerk of the within named Court on 20 O that an Order of which the within is a true copy will be presented for settlement to the Hon. On of the judges of the within named Court, At on 20 , at Dated: 9926-1590