Preview
At Part of the Supreme Court of the State of
New York, held in and for the County of
ROCKLAND at the Courthouse thereof, 1 South
Main Street New City, NY 10956, on the
day of 2019.
S H ~: t Bt i .H~i.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
X
REVERSE MORTGAGE FUNDING LLC, INDEX NO.: 032397/2015
Plaintiff, ORDER CONFIRMING REFEREE
REPORT AND JUDGMENT OF
vs,
FORECI OSVRE AND SALE
UNKNOWN HEIRS OF THE ESTATE
MORTGAGED PROPERTY;
OF GRACE WALTON, if he be living
59 HERITAGE DRIVE UNIT ¹59E
and if be the respective heirs-
they dead,
NEW CITY, NY 10956
at-law, next-of-kin, distributes, executors,
administrators, trustees, devisees,
COUNTY: ROCKLAND
legatees, assignees, lienors, creditors and
successors in interest and generally all
DSBL¹: District, Section 43.7, Block 1,
persons having or claiming under, by or
through said defendant who may be Lot 20. /2600.
deceased, by purchase, inheritance, lien
or inheritance, any right, title or interest
in or to the real property described in the
Complaint, THE NEW YORK STATE
DEPARTMENT OF TAXATION AND
FINANCE, and THE UNITED STATES
OF AMERICA INTERNAL REVENUE
SERVICE, SECRETARY OF HOUSING
AND URBAN DEVELOPMENT,
CAPITAL ONE BANK USA, N.A.,
BOARD OF MANAGERS OF NEW
CITY CONDOMINIUMS IV,
Defendant(s).
--- â€â€â€â€â€ -X
18-229517 - LaW
UPON reading the Summons, Complaint and Notice of Pendency filed in this action on
June 05, 2015, the Notice of Motion dated February 26, 2019, the affirmation of SAHAR
HAMLANI, Esq. and the exhibits annexed thereto, and upon the affidavit of merit and amount
due by Stacie Garcia who is Manager of COMPU-LINK CORPORATION Attorney In Fact for
REVERSE MORTGAGE FUNDING, LLC as assignee of REVERSE MORTGAGE
SOLUTIONS, INC. , duly sworn to on January 07, 2019; together with the exhibits attached
thereto, allin support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and
UPON proof that each of the Defendants herein have been duly served with the Summons
and Complaint in this action, and has voluntarily appeared either personally or by their
respective attorneys or have not served any answer to the Complaint or otherwise appeared, nor
had their time to so do extended; and it appearing that more than the legally required number of
days had elapsed since said Defendants THE NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, SECRETARY OF HOUSING AND URBAN DEVELOPMENT
and CAPITAL ONE BANK USA, N.A. were so served and/or appeared; and Plaintiff having
established to the court's satisfaction that judgment against the defendants is warrañted;
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants THE NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE, SECRETARY OF HOUSING AND URBAN
DEVELOPMENT and CAPITAL ONE BANK USA, N.A. are not absent, in accordance with
RPAPL §l321(2);
18-229517 - LaW
A Referee having been appointed to compute the amount due to the 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 David Castagña dated January 30, 2019, showing
the sum of $339,451.06 due as of December 31, 2018, said Report and that the mortgaged
property cannot be sold in parcels; and
UPON proof of due notice of this application upon all parties entitled to receive same,
and upon all of the prior proceedings and papers filed herein;
NOW, on motion by SAHAR HAMLANI, 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 itis further
ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the
Complaint in this action 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 from the date of this Judgment, in one parcel, at public
auction at the by and
under the direction of David Castagna, 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
18-229517 - LaW
ORDERED, ADJUDGED AND DECREED that by accepting this appointment the
Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22
NYCRR Part 36), including, but not limited to §36.2(c) ("Disqualifications from appointment"),
and §36.2(d) ("Limitations on appointments based upon compensation"); and, if the Referee is
disqualified from eceiving 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 Refe ee isprohibited from accepting
or retaining any funds for him/herself or paying funds to him/herself without compliance with
Part 36 ofthe Rules of the Chief Administrative 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 its representative is present at
the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, itssuccessors
and/or assigns, or its representative; and itis further
ORDERED, ADJUDGED AND DECREED that ifthe Referee does not conduct the sale
within 90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by
RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably
practicable; 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 Plaintiff's attorney, just as though Plaintiff were
physically present to submit said bid; and it isfurther
1 8-229517 - LaW
ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid
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 pay to
the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
successful bidder is the 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 property shall
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 had thirty (30) days after
the date of such sale unless otherwise stipulated by allparties to the sale; and itis further
ORDERED, ADJUDGED, AND DECREED that if the Plaintiff (or its affiliate, as
defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser,
18-229517 - LaW
such party shall place the property back on the market for sale or other occupancy: (a) within one
hundred eighty (180) days of the execution of the deed of sale, or (b) within ninety (90) days of
completion of construction, renovation, or rehabilitation of the property, provided that such
construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes
first,provided however, 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 Plaintiff
postponed,
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
18-229517 -LaW
taxes, assessments, or water rates that have not apparently 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 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: The expenses of the sale and the advertising expenses as shown
on the bills presented and certified by said Referee to be correct, duplicate copies
of which shall be annexed to the report of sale;
FOURTH: The Referee shall then pay to the Plaintiff or its attorney the
following:
Amount Due per Referee's Report: $339,451.06 with interest at the note
rate from February 10, 2014 until December 31, 2018, together with any advances
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 pêñdiñg 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 this judgment at the statutory rate until the date the deed is
transferred;
18-229517 - LaW
Costs and Disbursements: $ adjudged to the
Plaintiff for costs and disbursemcñts in this action, with interest at the statutory
judgment rate from the date of entry of this judgment;
Additional Allowance: $ is hereby awarded to the
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: $___ is hereby awarded to the
Plaintiff as reasonable legal fees herein, with interest at the statutary 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 §1354(4) and in accordance with local County rules regarding Surplus
Monies; and it isfurther
ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the
property, or in the event that the rights of the purchasers at such sale and the terms of sale under
this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assigñmêñt
thereof is filed with said Referee, said Referee shall not require the Plaintiff to pay in cash the
entire amotmt bid at said sale, but shall execute and deliver to the Plaintiff or itsassignee, a deed
or deeds of the property sold upon the payment to said Referee of the amounts specified in items
"First" "Third"
marked , "Second", and above; that the Referee shall allow the Plaintiff to pay
"Second" "Third"
the amounts specified in and above when it is recording the deed; that the
18-229517- LaW
balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the
"Fourth"
amount due Plaintiff as specified in pa-agraph above; that if there is a surplus after
applying the balance of the bid, the Plaintiff shall pay that amount to the Referee, who shall
"Fifth"
deposit itin accordance with paragraph above; and itis further
Referee'
ORDERED, ADJUDGED AND DECREED that all expenses of recording the 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 &om sale proceeds; and that any transfer
tax shall be paid in accordance with Tax Law )1404; and itis further
ORDERED, ADJUDGED, AND DECREED that the mortgaged property is to be sold in
is"
one parcel in "as physical order and condition, subject to any state of facts that an inspection
of the property would disclose; any state of 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 or~~iaices of the municipality in
same'
which the mortgaged property is located and possible violations of 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
18-229517 - LaW
ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of
the property on production 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 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 §1355(1) and follow all local County rules
regarding handling of Surplus Monies; and it isfurther
ORDERED ADJUDGED AND DECREED that if the purchaser or purchasers at said
sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale
without prior application to the Court unless the Plaintiff's attorneys shall elect to make such
application; and it isfurther
ORDERED, ADJUDGED AND DECREED that the Notice of Pendency filed on
November 21, 2018 be deemed filed, nunc pro tune, to the date of the expiration of the Notice of
Pendency on June 05, 2018; 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
18-229517 - LaW
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 §l308 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 filea written report with the court within six months from the date of entry of this judgment
stating whether the sale has occurred and the outcome thereof.
Said property is commonly known as 59 Heritage Drive Unit #59E, New City, NY
10956.
The legal description of the mortgaged property referred to herein is annexed hereto as
Schedule "A".
DATED: ENTER:
J.S.C.
18-229517 - LaW
Preview
At Part of the Supreme Court of the State of New York, held in and for the County of ROCKLAND at the Courthouse thereof, 1 South Main Street New City, NY 10956, on the day of 2019. S H ~: t Bt i .H~i.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND X REVERSE MORTGAGE FUNDING LLC, INDEX NO.: 032397/2015 Plaintiff, ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF vs, FORECI OSVRE AND SALE UNKNOWN HEIRS OF THE ESTATE MORTGAGED PROPERTY; OF GRACE WALTON, if he be living 59 HERITAGE DRIVE UNIT ¹59E and if be the respective heirs- they dead, NEW CITY, NY 10956 at-law, next-of-kin, distributes, executors, administrators, trustees, devisees, COUNTY: ROCKLAND legatees, assignees, lienors, creditors and successors in interest and generally all DSBL¹: District, Section 43.7, Block 1, persons having or claiming under, by or through said defendant who may be Lot 20. /2600. deceased, by purchase, inheritance, lien or inheritance, any right, title or interest in or to the real property described in the Complaint, THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and THE UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, CAPITAL ONE BANK USA, N.A., BOARD OF MANAGERS OF NEW CITY CONDOMINIUMS IV, Defendant(s). --- â€â€â€â€â€ -X 18-229517 - LaW UPON reading the Summons, Complaint and Notice of Pendency filed in this action on June 05, 2015, the Notice of Motion dated February 26, 2019, the affirmation of SAHAR HAMLANI, Esq. and the exhibits annexed thereto, and upon the affidavit of merit and amount due by Stacie Garcia who is Manager of COMPU-LINK CORPORATION Attorney In Fact for REVERSE MORTGAGE FUNDING, LLC as assignee of REVERSE MORTGAGE SOLUTIONS, INC. , duly sworn to on January 07, 2019; together with the exhibits attached thereto, allin support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and UPON proof that each of the Defendants herein have been duly served with the Summons and Complaint in this action, and has voluntarily appeared either personally or by their respective attorneys or have not served any answer to the Complaint or otherwise appeared, nor had their time to so do extended; and it appearing that more than the legally required number of days had elapsed since said Defendants THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, SECRETARY OF HOUSING AND URBAN DEVELOPMENT and CAPITAL ONE BANK USA, N.A. were so served and/or appeared; and Plaintiff having established to the court's satisfaction that judgment against the defendants is warrañted; UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, SECRETARY OF HOUSING AND URBAN DEVELOPMENT and CAPITAL ONE BANK USA, N.A. are not absent, in accordance with RPAPL §l321(2); 18-229517 - LaW A Referee having been appointed to compute the amount due to the 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 David Castagña dated January 30, 2019, showing the sum of $339,451.06 due as of December 31, 2018, said Report and that the mortgaged property cannot be sold in parcels; and UPON proof of due notice of this application upon all parties entitled to receive same, and upon all of the prior proceedings and papers filed herein; NOW, on motion by SAHAR HAMLANI, 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 itis further ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the Complaint in this action 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 from the date of this Judgment, in one parcel, at public auction at the by and under the direction of David Castagna, 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 18-229517 - LaW ORDERED, ADJUDGED AND DECREED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2(c) ("Disqualifications from appointment"), and §36.2(d) ("Limitations on appointments based upon compensation"); and, if the Referee is disqualified from eceiving 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 Refe ee isprohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 ofthe Rules of the Chief Administrative 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 its representative is present at the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, itssuccessors and/or assigns, or its representative; and itis further ORDERED, ADJUDGED AND DECREED that ifthe Referee does not conduct the sale within 90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; 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 Plaintiff's attorney, just as though Plaintiff were physically present to submit said bid; and it isfurther 1 8-229517 - LaW ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid 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 pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is the 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 property shall 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 had thirty (30) days after the date of such sale unless otherwise stipulated by allparties to the sale; and itis further ORDERED, ADJUDGED, AND DECREED that if the Plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, 18-229517 - LaW such party shall place the property back on the market for sale or other occupancy: (a) within one hundred eighty (180) days of the execution of the deed of sale, or (b) within ninety (90) days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes first,provided however, 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 Plaintiff postponed, 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 18-229517 -LaW taxes, assessments, or water rates that have not apparently 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 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: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following: Amount Due per Referee's Report: $339,451.06 with interest at the note rate from February 10, 2014 until December 31, 2018, together with any advances 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 pêñdiñg 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 this judgment at the statutory rate until the date the deed is transferred; 18-229517 - LaW Costs and Disbursements: $ adjudged to the Plaintiff for costs and disbursemcñts in this action, with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance: $ is hereby awarded to the 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: $___ is hereby awarded to the Plaintiff as reasonable legal fees herein, with interest at the statutary 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 §1354(4) and in accordance with local County rules regarding Surplus Monies; and it isfurther ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the property, or in the event that the rights of the purchasers at such sale and the terms of sale under this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assigñmêñt thereof is filed with said Referee, said Referee shall not require the Plaintiff to pay in cash the entire amotmt bid at said sale, but shall execute and deliver to the Plaintiff or itsassignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items "First" "Third" marked , "Second", and above; that the Referee shall allow the Plaintiff to pay "Second" "Third" the amounts specified in and above when it is recording the deed; that the 18-229517- LaW balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the "Fourth" amount due Plaintiff as specified in pa-agraph above; that if there is a surplus after applying the balance of the bid, the Plaintiff shall pay that amount to the Referee, who shall "Fifth" deposit itin accordance with paragraph above; and itis further Referee' ORDERED, ADJUDGED AND DECREED that all expenses of recording the 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 &om sale proceeds; and that any transfer tax shall be paid in accordance with Tax Law )1404; and itis further ORDERED, ADJUDGED, AND DECREED that the mortgaged property is to be sold in is" one parcel in "as physical order and condition, subject to any state of facts that an inspection of the property would disclose; any state of 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 or~~iaices of the municipality in same' which the mortgaged property is located and possible violations of 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 18-229517 - LaW ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of the property on production 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 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 §1355(1) and follow all local County rules regarding handling of Surplus Monies; and it isfurther ORDERED ADJUDGED AND DECREED that if the purchaser or purchasers at said sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without prior application to the Court unless the Plaintiff's attorneys shall elect to make such application; and it isfurther ORDERED, ADJUDGED AND DECREED that the Notice of Pendency filed on November 21, 2018 be deemed filed, nunc pro tune, to the date of the expiration of the Notice of Pendency on June 05, 2018; 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 18-229517 - LaW 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 §l308 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 filea written report with the court within six months from the date of entry of this judgment stating whether the sale has occurred and the outcome thereof. Said property is commonly known as 59 Heritage Drive Unit #59E, New City, NY 10956. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule "A". DATED: ENTER: J.S.C. 18-229517 - LaW