Preview
At Part of the Supreme Court held in the
County of Rockland at the 1 South Main Street,
New City, NY 10956 Courthouse thereof, on the
day of , 2018
PRESENT:
JUSTICE OF THE SUPREME COURT
INDEX NO:
- ---------- ------------- - - -- - -- - - - -- X 032397/2015
REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff, ORDER OF REFERENCE AND
DEFAULT JUDGMENT
v.
MORTGAGED PROPERTY:
UNKNOWN HEIRS OF THE ESTATE OF GRACE 59 Heritage Drive Unit #59E, New
WALTON if he be living and if they be dead, the City, NY 10956
respective heirs-at-law, next-of-kin, distributees, COUNTY: Rockland
executors, administrators, trustees, devisees, legatees, Section: 43.7
assignees, lienors, creditors and successors in interest Block: 1
and generally all persons having or claiming under, by or Lot: 20./2600
through said defendant who may be deceased, by
purchase, inheritance, lien or inheritance, any right, title
or interest in or to the real property described in the
DOE"
Complaint, "JOHN and "JANE DOE", the last
two names being fictitious, said parties intended being
tenants or occupants, if any, having or claiming an
interest in, or lien upon the premises described in the
complaint, THE NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE, and THE UNITED
STATES OF AMERICA INTERNAL REVENUE
SERVICE,
Defendants.
------------------------ - - -- - -- - - - ---XX
UPON the Summons, Complaint, and Notice of Pendency filed in this action on the June
5, 2015, and the Supplemental Summons, Amended Complaint, and Amended Notice of
Pendency filed in this action on May 19, 2016 the Notice of Motion dated April , 2018 the
affirmation of Anita Briant-Napier, and the exhibits annexed thereto, the affidavit of merit and
amount due by Nicole Johnson who is Authorized Signer of Reverse Mortgage Solutions, Inc.,
duly sworn to on February 9, 2018, together with the exhibits attached thereto, and allprior
papers filed in this action and prior proceedings had herein; and
UPON proof that each of the defendants herein has been duly served with the Summons
and Complaint in this action and required notices; and
UPON a Notice of Appearance by UNITED STATES OF AMERICA INTERNAL
REVENUE SERVICE, SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
AND itappearing that UNKNOWN HEIRS OF THE ESTATE OF GRACE WALTON
time to answer the complaint has expired; and
AND itappearing to the satisfaction of this court that this action was brought to foreclose
a mortgage on real property located at 59 Heritage Drive Unit #59E, New City, NY 10956, in the
County of Rockland, State of New York Section 43.7, Block 1, Lot 20./2600,
NOW, on motion by Aldridge Pite, LLP, attorney for the Plaintiff, itis hereby ORDERED
that defendant(s) UNKNOWN HEIRS OF THE ESTATE OF GRACE WALTON are determined
to be in default; and itis further
ORDERED that with an address of
, ishereby appointed Referee, in accordance with RP APL
§1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property
may be sold in parcels; and itis further
ORDERED that the Referee make his/her computation and report with all convenient
speed; and it isfurther
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321;
and itis further
ORDERED that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
("
limited to §36.2 (c) ("Disqualifications from appointment"), and §36.2 (d) ("Limitations on
appointments based upon compensation"), and, if the Referee is disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the
Appointing Judge; and itis further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the
discretion of the court, a fee of $ , shallbe paid to the Referee for the computation of the
amount due and upon the filing of his/her report and the Referee shall not request or accept
additional compensation for the computation unless ithas been fixed by the court in accordance
with CPLR 8003(a); and itis further
ORDERED that the Referee is prohibited from accepting or retaining any funds for
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and itis further
Doe" Doe"
ORDERED that "John and "Jane be removed as party defendants in this
action as no occupants reside at the property and the caption of this action be amended to reflect
Doe" Doe"
the removal of "John and "Jane as party defendants; and itis further
ORDERED, that the mortgage recorded in Instrument No. 2007-00018156 to be
foreclosed be reformed to reflect the correct legal description as set forth in Schedule "A"; and it
is further
ORDERED, that the caption be amended to add SECRETARY OF HOUSING AND
URBAN DEVELOPMENT, CAPITAL ONE BANK USA, N.A., and BOARD OF MANAGERS
OF NEW CITY CONDOMINIUMS IV as necessary parties to this action; and it isfurther
ORDERED that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
- --- -- -- -- ------- -- - ---- - - -- -- - -- - - --XX INDEX NO:
REVERSE MORTGAGE SOLUTIONS, INC., 032397/2015
Plaintiff,
v. MORTGAGED PROPERTY:
UNKNOWN HEIRS OF THE ESTATE OF GRACE WALTON 59 Heritage Drive Unit #59E,
if he be living and if they be dead, the respective heirs-at-law, New City, NY 10956
next-of-kin, distributees, executors, administrators, trustees, COUNTY: Rockland
devisees, legatees, assignees, lienors, creditors and successors in Section: 43.7
interest and generally all persons having or claiming under, by Block: 1
or through said defendant who may be deceased, by purchase, Lot: 20./2600
inheritance, lien or inheritance, any right, titleor 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).
- ---------------------------- - -- - - -- X
And it isfurther
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all
parties and persons entitled to notice, including the Referee appointed herein.
This constitutes the decision and order of the court.
DATED:
ENTER:
J.S.C.
~l 0 k 0 pi
C
First American
MORTGAGE 5ERVICE5
SCHEDULE A
DESCRIFfION OF MORTGAGED PREMISES
TitteNo.: DS140002363
ALL that certainplot,piece or parcelof land,situate,lying and being in UnitNo, 59-E
shown on Condominium Plan entitled,"New City Condominiums IV", filedin the
Rockland County Clerk's Office index No. 2005/1976), together with a 1.923 percent
inthe Common Elements ofthe Condominium described inthe Declaration of
Condominium entitled"New City Condominiums IV", recorded in theRockland County
Clerk'sOfilce on March 24$, 1976 inLiber 974 of Deeds atpage 280 being thatpart ofthe
Common Elements as constitutesrealproperty.
The land area ofthe Property setforth inthe Declaration isdescribed as follows:
ALL that certainplot,piece or parcel of land,situate,
lying and being at New Town
City,
of Clarkstown, County of Rockland and State ofNew York, being more shown
particularly
and designated as Parcels F and M on thatcertain Subdivision Map of New City
Condominiums, filedinthe Rockland County Clerk'sOffice on October 218, 1968,in
Book 76 of Maps, atpage 66, as Map No. 3787, and as modified by thatcertain Map filed
inthe Rockland County Clerk's OfBce on May 15$, 1969, inBook 78 of Maps atpage i1,
as Map No.3870,
TOGBTHER with the rightofway for ingressand egress over the traveiway shown and
designated on the aforesaid maps; together with the rightto park on said travelway,and
together with the rightto maintain same.
TOGETHER with an casement forthe use
installation, and maintenance ofdrainage and
utilitylinesin saidtravelway.
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Preview
At Part of the Supreme Court held in the County of Rockland at the 1 South Main Street, New City, NY 10956 Courthouse thereof, on the day of , 2018 PRESENT: JUSTICE OF THE SUPREME COURT INDEX NO: - ---------- ------------- - - -- - -- - - - -- X 032397/2015 REVERSE MORTGAGE SOLUTIONS, INC., Plaintiff, ORDER OF REFERENCE AND DEFAULT JUDGMENT v. MORTGAGED PROPERTY: UNKNOWN HEIRS OF THE ESTATE OF GRACE 59 Heritage Drive Unit #59E, New WALTON if he be living and if they be dead, the City, NY 10956 respective heirs-at-law, next-of-kin, distributees, COUNTY: Rockland executors, administrators, trustees, devisees, legatees, Section: 43.7 assignees, lienors, creditors and successors in interest Block: 1 and generally all persons having or claiming under, by or Lot: 20./2600 through said defendant who may be deceased, by purchase, inheritance, lien or inheritance, any right, title or interest in or to the real property described in the DOE" Complaint, "JOHN and "JANE DOE", the last two names being fictitious, said parties intended being tenants or occupants, if any, having or claiming an interest in, or lien upon the premises described in the complaint, THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and THE UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, Defendants. ------------------------ - - -- - -- - - - ---XX UPON the Summons, Complaint, and Notice of Pendency filed in this action on the June 5, 2015, and the Supplemental Summons, Amended Complaint, and Amended Notice of Pendency filed in this action on May 19, 2016 the Notice of Motion dated April , 2018 the affirmation of Anita Briant-Napier, and the exhibits annexed thereto, the affidavit of merit and amount due by Nicole Johnson who is Authorized Signer of Reverse Mortgage Solutions, Inc., duly sworn to on February 9, 2018, together with the exhibits attached thereto, and allprior papers filed in this action and prior proceedings had herein; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action and required notices; and UPON a Notice of Appearance by UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, SECRETARY OF HOUSING AND URBAN DEVELOPMENT; AND itappearing that UNKNOWN HEIRS OF THE ESTATE OF GRACE WALTON time to answer the complaint has expired; and AND itappearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 59 Heritage Drive Unit #59E, New City, NY 10956, in the County of Rockland, State of New York Section 43.7, Block 1, Lot 20./2600, NOW, on motion by Aldridge Pite, LLP, attorney for the Plaintiff, itis hereby ORDERED that defendant(s) UNKNOWN HEIRS OF THE ESTATE OF GRACE WALTON are determined to be in default; and itis further ORDERED that with an address of , ishereby appointed Referee, in accordance with RP APL §1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property may be sold in parcels; and itis further ORDERED that the Referee make his/her computation and report with all convenient speed; and it isfurther ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321; and itis further ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not (" limited to §36.2 (c) ("Disqualifications from appointment"), and §36.2 (d) ("Limitations on appointments based upon compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and itis further ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the discretion of the court, a fee of $ , shallbe paid to the Referee for the computation of the amount due and upon the filing of his/her report and the Referee shall not request or accept additional compensation for the computation unless ithas been fixed by the court in accordance with CPLR 8003(a); and itis further ORDERED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and itis further Doe" Doe" ORDERED that "John and "Jane be removed as party defendants in this action as no occupants reside at the property and the caption of this action be amended to reflect Doe" Doe" the removal of "John and "Jane as party defendants; and itis further ORDERED, that the mortgage recorded in Instrument No. 2007-00018156 to be foreclosed be reformed to reflect the correct legal description as set forth in Schedule "A"; and it is further ORDERED, that the caption be amended to add SECRETARY OF HOUSING AND URBAN DEVELOPMENT, CAPITAL ONE BANK USA, N.A., and BOARD OF MANAGERS OF NEW CITY CONDOMINIUMS IV as necessary parties to this action; and it isfurther ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND - --- -- -- -- ------- -- - ---- - - -- -- - -- - - --XX INDEX NO: REVERSE MORTGAGE SOLUTIONS, INC., 032397/2015 Plaintiff, v. MORTGAGED PROPERTY: UNKNOWN HEIRS OF THE ESTATE OF GRACE WALTON 59 Heritage Drive Unit #59E, if he be living and if they be dead, the respective heirs-at-law, New City, NY 10956 next-of-kin, distributees, executors, administrators, trustees, COUNTY: Rockland devisees, legatees, assignees, lienors, creditors and successors in Section: 43.7 interest and generally all persons having or claiming under, by Block: 1 or through said defendant who may be deceased, by purchase, Lot: 20./2600 inheritance, lien or inheritance, any right, titleor 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). - ---------------------------- - -- - - -- X And it isfurther ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. This constitutes the decision and order of the court. DATED: ENTER: J.S.C. ~l 0 k 0 pi C First American MORTGAGE 5ERVICE5 SCHEDULE A DESCRIFfION OF MORTGAGED PREMISES TitteNo.: DS140002363 ALL that certainplot,piece or parcelof land,situate,lying and being in UnitNo, 59-E shown on Condominium Plan entitled,"New City Condominiums IV", filedin the Rockland County Clerk's Office index No. 2005/1976), together with a 1.923 percent inthe Common Elements ofthe Condominium described inthe Declaration of Condominium entitled"New City Condominiums IV", recorded in theRockland County Clerk'sOfilce on March 24$, 1976 inLiber 974 of Deeds atpage 280 being thatpart ofthe Common Elements as constitutesrealproperty. The land area ofthe Property setforth inthe Declaration isdescribed as follows: ALL that certainplot,piece or parcel of land,situate, lying and being at New Town City, of Clarkstown, County of Rockland and State ofNew York, being more shown particularly and designated as Parcels F and M on thatcertain Subdivision Map of New City Condominiums, filedinthe Rockland County Clerk'sOffice on October 218, 1968,in Book 76 of Maps, atpage 66, as Map No. 3787, and as modified by thatcertain Map filed inthe Rockland County Clerk's OfBce on May 15$, 1969, inBook 78 of Maps atpage i1, as Map No.3870, TOGBTHER with the rightofway for ingressand egress over the traveiway shown and designated on the aforesaid maps; together with the rightto park on said travelway,and together with the rightto maintain same. TOGETHER with an casement forthe use installation, and maintenance ofdrainage and utilitylinesin saidtravelway. Page tof 9 8 of 37