Preview
At an I.A.S. Termyof the Supreme Court of
the County of Suffolk held in the Suffolk
Supreme Court in the tity Of Riverhead,
NewYork on the 6 ee day of
02D _.
PRESENT: HON. ROBERT F. QUINLAN
SUPREME COURT OF THE STATE OF NEW YORK
ee Pas 2
eee eee eee nnn cen eee e ener enennneneenenneenneenenneee
NATIONSTAR MORTGAGE LLC D/B/A ORDER CONFIRMING REFEREE
CHAMPION MORTGAGE COMPANY REPORT AND JUDGMENT OF
FORECLOSURE AND SALE
RED:
Plaintiff ee FEB 19 2020
vs 2 Deny
INDEX #: 064884/2014
BARBARA J. BYRNE,
MORTGAGED PREMISES:
26 BLUEBERRY LANE
Defendant(s) STONY BROOK, NY 11790
DSBL #: 0200 - 387.00 - 03.00 -
001.000
eeceeeeeenenneeceetentnennneennennnnencenceneannnnnnnncenennnnnnX
Upon the Summons, Complaint and Notice of Pendency filed in this action on June 25,
ond Sucurmse ott 4 ( filed Dune 23, Zaz
2014, Notice of Motion dated October 22, 2019, and the affirmatioh by Ashley M. Pascuzzi,
Esq., the affidavit of merit and amount due by Erin Naylor, who is Assistant Secretary of
Nationstar Mortgage LLC d/b/a Champion Mortgage Company, duly sworn to Jason White on
May 2, 2019, together with exhibits annexed thereto, all in support of Plaintiffs motion for a
Judgment of Foreclosure and Sale; and
5
A
3
Upon proof that each of the defendants herein was served with the Summons and
Complaint, 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 BARBARA J. BYRNE who has not answered or appeared were so
served and/or appeared; and Plaintiff having established to the court’s satisfaction that ajudgment against defendants is warranted; and
Upon the affidavit of mailing reflecting compliance with CPLR §3215(g)(3)(iii); and
Upon proof that the defendant BARBARA J. BYRNE is not absentee, in accordance with
RPAPL § 1321(2); 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 Donald S. Sullivan Esq. dated September 16,
2019, showing the sum of $580,426.47, due as of April 30, 2019, and that the mortgaged
property may not be sold in parcels; and on reading the Report of Janet L. O'Hanlon, Esq. dated
October 17, 2019, appointed Guardian Ad Litem and Military Attorney as aforesaid, and the
various other papers of said Guardian previously filed herein; 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 Ashley M. Pascuzzi, Esq., attomey for the Plaintiff, it is hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same
is, hereby in all aspects ratified and confirmed; and it is further
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 expense 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
Qty J H. ail ; and to the extent possible, at_an
\é Aire Aan olefen lence Hy £0, “Pee engui Lie , my
2unspecified time; by and under the direction of Donald S. Sullivan Esq., 108 Jayne Avenue,
Building 2, Port Jefferson, NY 11777, 631-355-3109, who is appointed Referee for that purpose;
that said Referee give public notice of the time and place of sale in accordance with RPAPL §
231 in Cede ; and it is further
90 Mhicefnl Do. [etchowea, MY
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 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 it is further
ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting
or retaining any funds for himself or paying funds to himself without compliance with Part 36 of
the Rules of the Chief Administrative Judge; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the
foreclosure sale only if Plaintiff, its successors and/or assignees, or its representatives 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 its representatives; and it is further
ORDERED, ADJUDGED AND DECREED that if the Referee cannot conduct the sale
within 90 days of the date of the judgment, in accordance with CPLR § 2004, the time fixed by
RPAPL § 1351(1) is extended for the Referee to conduct the sale as soon as reasonably
practicable; and it is further
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff werephysically present to submit said bid; and it is further
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 Plaintiff in which case no deposit against the purchase process shall be
required; and it is 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 then percent (10%) deposit as required, the property shall
immediately and on the same day be reoffered at auction; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down
FOTO
. At
payment and proceeds of sale, as necessary, in Aang bom, ues et? in Bs own name as
Referee, in accordance with CPLR § 2609; and it is further
ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee
shall execute a deed to the purchaser, in accordance with RPAPL § 1353 and the terms of sale,
which shall be deemed a binding contract; and it is further
ORDERED, ADJUDGED AND DECREED that, 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 it is further
ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defined in
paragraph (a) 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 ofthe execution of the deed of sale, or (b) within 90 days of the 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, that
a court of competent jurisdiction may grant an extension for good cause; and it is 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 it is further
ORDERED, ADJUDGED AND DECREED that the Referee then deposit the balance of
suet ror’e
said proceeds of sale in his own name as Referee in GNtay bene “Xo , and shullSnereaher
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 $750.00 unless_the property selis-for
—
00.00 OR in the event OF p ed, Plaintiff
$54,000.00 or more OR in th ie event a sale was cancelledor postponed, Plainti:
shall compensate the Referee in-the’sum of $. for each adjournment or
P 2 Referss ee ij
cancellation, nless 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 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 responsible for the payment of penalties or feespursuant 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 also pay to the Plaintiff or its attorney the
following:
Amount Due per Referee's Report. $580,426.47 with interest at the note
rate from February 9, 2009 to April 30, 2019, 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 this judgment at the
statutory rate until the date the deed is transferred;
Costs and Disbursements. $ I54. O. la adjudged to the Plaintiff for
costs and disbursements in this action if applicable, as taxed or calculated by the
clerk and inserted herein, with interest at the statutory judgment rate from the date
of entry of this judgment;
Additional Allowance. $0.00 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;é 3,500. 00
Attorney Fees. 750 is hereby awarded to Plaintiff as reasonable
legal fees herein, with interest at the statutory rate from the date of entry of this
judgment.
Comprotler
FIFTH: Surplus monies arising from the sale shall be paid into eewrt 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 is further
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 assignment
thereof is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire
amount bid at 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 marked
"First", "Second" AND "Third" above; that the Referee shall allow the Plaintiff to pay the
amounts specified in "Second” and “Third” above when it is recording the deed; that the balance
of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due
Plaintiff as specified in paragraph "Fourth" above; that Plaintiff shall pay any surplus after
applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph
"Fifth" above; and it is further
ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee's
deed, including real property transfer tax, which is not a lien upon the property at the time of
sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer
tax shall be paid in accordance with Tax Law § 1404; and it is further
ORDERED, ADJUDGED AND DECREED that the property is sold in one parcel in "asis" physical order and condition, subject to any condition that an inspection of 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; any rights pursuant to CPLR § 317, § 2003 and § 5015, or any
appeal of the underlying action or additional litigation brought by any defendant on its successor
or assignee contesting the validity of this foreclosure; and it is 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 it is 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
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 it is further
ORDERED, ADJUDGED AND DECREED that within 30 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 is further
ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at saidsale 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 Plaintiff's attomeys shall elect to make such
application; and it is 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 entitled to service, including the Referee appointed herein;
and it is further.
ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to
relieve the 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 it is further
ORDERED, ADJUDGED AND DECREED that, when the Referee files a report of sale,
Subtoiw Coun
he or she shall concurrently file a,Foreclosure Action Surplus Monies Form; and it is 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 this judgment
stating whether the sale has occurred and the outcome thereof.
ORDERED, ADJUDGED AND DECREED that Janet L. O'Hanlon Esq., the appointed
Guardian Ad Litem and Military Attorney pursuant to the Order for Service by Publication,
Appointment of a Guardian Ad Litem, and 120 Day Extension to Serve All Defendants granted
by the Honorable Robert F. Quinlan on the February 7, 2019, be relieved and discharged from
her duties as said Guardian and her fee fixed at $920.00 for services rendered in this matter; and
it is furtherSaid property is commonly known as 26 BLUEBERRY LANE, STONY BROOK, NY
11790.
The legal description of the mortgaged property referred to herein is annexed hereto as
Schedule A ind ik furthen
ENTER,
Dated:
Riverhead, New York
HON. ROBERT F. QUINLAN
_-—TOSTICE OF THE SUPREME COURT
x
10FILED: SUFFOLK COUNTY CLERK 10/29/2019 01:42 PM)
NYSCEF ne
PRIMARY LAND SERVICES, LLC
7 ry
SCHEDULE A
(hat certain plot, piece ‘or parcel of land, with the buildings and improvements
mn erected, suse “iying. ond beng, South Setauket, Town of Brocktaven,
Y of Suffolk and State of New York, known and designated as Lot No. 1129 ona
a map entitled “Map of Strathmore, Section 13" filed in the Office of the Clerk of
‘ounty of Suffolk on December 28, 1964 as Map No. 4223, said Jot being more
alarly bounded and described as follows:
NNING at a point on the southerly sige of Blueberry Lane at the extreme easterly
ia curve ” ‘ich connects the southerly side of Blueberry Lane with the easterly
0 rive; .
YING THENCE easterly along the southerly side of Blueberry Lane 120 feet to
dsion line between lots 1130 and 1129 on the aforementioned map;
‘CE along said last mentioned division line southerly at right angles 100 feet to
dsion line between lots 1128 and 1129 on said map;
‘CE al last mentioned division line westterly at right ith the pri
(9 35 ees tae cat E Drive; Heht angles w Prot
CE along the easterly side of Barker Drive the following three (3) courses and
1€8;
‘therh the arc of a curve bearing to the right having a radius of 200 feet, a
eerste Bet .
1
!
1
i
i
| herly 69.92 feet to the extreme southerly end of the curve first above mentioned;
i
terly along un arc of a curve bearing to ths right having a radius of 10 feet, a
cof 15.71 feet to the point or place of iG.
i
i .
|
i
\
\
‘
The policy to be Issued under this repost will inaure the title to such buildings and
TOGETHER with all the right, title and Intorest of the party of the first part, of, In and to
i
| improvements oracted on the premises which by law constitute real property.
4
\ the fand lying In the street In tront of and adjoining sald premises.
1
1
INDEX NQ. 064884/2014
RECEIVED NYSCEF: 10/29/2019ORDERED that plaintiff shall serve the notice of the foreclosure sale and any adjournments
upon the Supreme Court Calendar Clerk; and it is further
ORDERED that the referee complete and file the Suffolk County Foreclosure Action Surplus
Monies form with the Supreme Court Calendar Clerk and the Suffolk County Clerk within thirty (30)
days of the foreclosure sale; and it is further
ORDERED that the referee submit proof of deposit of any surplus monies with the Suffolk
County Comptroller with the Supreme Court Calendar Clerk and the Suffolk County Clerk within
thirty (30) days of the date of closing of title; and it is further
ORDERED that the referee may make an application for additional fees, by letter to the
court, as a result of any adjournments of the sale, providing proof of compliance with 22 NYCRR Part
36 including the filing of USC Forms 872 and 875.
ENTER
Dated: February (p , 2020 kés L. (4 a
HON. ROBERT F. QUINLAN
JSC.
E GRANTED Quesior Q. iy 2 eat”
* FEB 06 2020
dudiith A. Pascal
CLERK OF SUFFOLK CO UtyALNNOO 11034N8 WHI
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0200 6 b 834
aang
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ossFOR
INFORMATION
ONLY FROM
THIS PAGE ONCOURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
a
NATIONSTAR MORTGAGE LLC D/B/A COSTS OF PLAINTIFF
CHAMPION MORTGAGE COMPANY
Plaintiff,
vs
INDEX #: 064884/2014
BARBARA J. BYRNE,
MORTGAGED PREMISES:
26 BLUEBERRY LANE
Defendant(s). STONY BROOK, NY 11790
DSBL #: 0200 - 387.00 - 03.00 -
001.000
anne en eee X
COSTS
Costs before Note of Issue - CPLR §8201(1)
Allowance by statute - CPLR §8302(a) (b)
First $200.00 at 10% $20.0) cost TAXED AT $. 2
Next $800.00 at 5% $40.0) TIME ——— DAY OF
Next $2000.00 at 2% $40.0 FEB 19 2020
Next $5000.00 at 1% $50.0
JUDITH A. PASCALE
CLERK OF SUFFOLK COUNTY
Additional allowance - CPLR §8302(d)
Costs on motion - CPLR §8303(a) (1)
FEES AND DISBURSEMENTS
Index Number Fee
Lis Pendens Filing Fee
Motion
Referee's Fee to Compute
Search Update
Service Fees
Skip Trace
Title Search
request for judicial intervention
Total:
$200.00
$150.00
$50.00
$0.00
$400.00
$380.00
$225.00
$350.00
$65.00
$905.00
$65.00
$5.69
$95.00
$2,890.69Ae
ALNNOD OdIG WATS
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Preview
At an I.A.S. Termyof the Supreme Court of the County of Suffolk held in the Suffolk Supreme Court in the tity Of Riverhead, NewYork on the 6 ee day of 02D _. PRESENT: HON. ROBERT F. QUINLAN SUPREME COURT OF THE STATE OF NEW YORK ee Pas 2 eee eee eee nnn cen eee e ener enennneneenenneenneenenneee NATIONSTAR MORTGAGE LLC D/B/A ORDER CONFIRMING REFEREE CHAMPION MORTGAGE COMPANY REPORT AND JUDGMENT OF FORECLOSURE AND SALE RED: Plaintiff ee FEB 19 2020 vs 2 Deny INDEX #: 064884/2014 BARBARA J. BYRNE, MORTGAGED PREMISES: 26 BLUEBERRY LANE Defendant(s) STONY BROOK, NY 11790 DSBL #: 0200 - 387.00 - 03.00 - 001.000 eeceeeeeenenneeceetentnennneennennnnencenceneannnnnnnncenennnnnnX Upon the Summons, Complaint and Notice of Pendency filed in this action on June 25, ond Sucurmse ott 4 ( filed Dune 23, Zaz 2014, Notice of Motion dated October 22, 2019, and the affirmatioh by Ashley M. Pascuzzi, Esq., the affidavit of merit and amount due by Erin Naylor, who is Assistant Secretary of Nationstar Mortgage LLC d/b/a Champion Mortgage Company, duly sworn to Jason White on May 2, 2019, together with exhibits annexed thereto, all in support of Plaintiffs motion for a Judgment of Foreclosure and Sale; and 5 A 3 Upon proof that each of the defendants herein was served with the Summons and Complaint, 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 BARBARA J. BYRNE who has not answered or appeared were so served and/or appeared; and Plaintiff having established to the court’s satisfaction that ajudgment against defendants is warranted; and Upon the affidavit of mailing reflecting compliance with CPLR §3215(g)(3)(iii); and Upon proof that the defendant BARBARA J. BYRNE is not absentee, in accordance with RPAPL § 1321(2); 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 Donald S. Sullivan Esq. dated September 16, 2019, showing the sum of $580,426.47, due as of April 30, 2019, and that the mortgaged property may not be sold in parcels; and on reading the Report of Janet L. O'Hanlon, Esq. dated October 17, 2019, appointed Guardian Ad Litem and Military Attorney as aforesaid, and the various other papers of said Guardian previously filed herein; 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 Ashley M. Pascuzzi, Esq., attomey for the Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is, hereby in all aspects ratified and confirmed; and it is further 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 expense 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 Qty J H. ail ; and to the extent possible, at_an \é Aire Aan olefen lence Hy £0, “Pee engui Lie , my 2unspecified time; by and under the direction of Donald S. Sullivan Esq., 108 Jayne Avenue, Building 2, Port Jefferson, NY 11777, 631-355-3109, who is appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL § 231 in Cede ; and it is further 90 Mhicefnl Do. [etchowea, MY 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 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 it is further ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting or retaining any funds for himself or paying funds to himself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff, its successors and/or assignees, or its representatives 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 its representatives; and it is further ORDERED, ADJUDGED AND DECREED that if the Referee cannot conduct the sale within 90 days of the date of the judgment, in accordance with CPLR § 2004, the time fixed by RPAPL § 1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and it is further ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff werephysically present to submit said bid; and it is further 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 Plaintiff in which case no deposit against the purchase process shall be required; and it is 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 then percent (10%) deposit as required, the property shall immediately and on the same day be reoffered at auction; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down FOTO . At payment and proceeds of sale, as necessary, in Aang bom, ues et? in Bs own name as Referee, in accordance with CPLR § 2609; and it is further ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall execute a deed to the purchaser, in accordance with RPAPL § 1353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED AND DECREED that, 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 it is further ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defined in paragraph (a) 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 ofthe execution of the deed of sale, or (b) within 90 days of the 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, that a court of competent jurisdiction may grant an extension for good cause; and it is 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 it is further ORDERED, ADJUDGED AND DECREED that the Referee then deposit the balance of suet ror’e said proceeds of sale in his own name as Referee in GNtay bene “Xo , and shullSnereaher 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 $750.00 unless_the property selis-for — 00.00 OR in the event OF p ed, Plaintiff $54,000.00 or more OR in th ie event a sale was cancelledor postponed, Plainti: shall compensate the Referee in-the’sum of $. for each adjournment or P 2 Referss ee ij cancellation, nless 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 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 responsible for the payment of penalties or feespursuant 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 also pay to the Plaintiff or its attorney the following: Amount Due per Referee's Report. $580,426.47 with interest at the note rate from February 9, 2009 to April 30, 2019, 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 this judgment at the statutory rate until the date the deed is transferred; Costs and Disbursements. $ I54. O. la adjudged to the Plaintiff for costs and disbursements in this action if applicable, as taxed or calculated by the clerk and inserted herein, with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance. $0.00 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;é 3,500. 00 Attorney Fees. 750 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment. Comprotler FIFTH: Surplus monies arising from the sale shall be paid into eewrt 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 is further 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 assignment thereof is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire amount bid at 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 marked "First", "Second" AND "Third" above; that the Referee shall allow the Plaintiff to pay the amounts specified in "Second” and “Third” above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due Plaintiff as specified in paragraph "Fourth" above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph "Fifth" above; and it is further ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee's deed, including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax shall be paid in accordance with Tax Law § 1404; and it is further ORDERED, ADJUDGED AND DECREED that the property is sold in one parcel in "asis" physical order and condition, subject to any condition that an inspection of 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; any rights pursuant to CPLR § 317, § 2003 and § 5015, or any appeal of the underlying action or additional litigation brought by any defendant on its successor or assignee contesting the validity of this foreclosure; and it is 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 it is 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 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 it is further ORDERED, ADJUDGED AND DECREED that within 30 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 is further ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at saidsale 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 Plaintiff's attomeys shall elect to make such application; and it is 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 entitled to service, including the Referee appointed herein; and it is further. ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve the 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 it is further ORDERED, ADJUDGED AND DECREED that, when the Referee files a report of sale, Subtoiw Coun he or she shall concurrently file a,Foreclosure Action Surplus Monies Form; and it is 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 this judgment stating whether the sale has occurred and the outcome thereof. ORDERED, ADJUDGED AND DECREED that Janet L. O'Hanlon Esq., the appointed Guardian Ad Litem and Military Attorney pursuant to the Order for Service by Publication, Appointment of a Guardian Ad Litem, and 120 Day Extension to Serve All Defendants granted by the Honorable Robert F. Quinlan on the February 7, 2019, be relieved and discharged from her duties as said Guardian and her fee fixed at $920.00 for services rendered in this matter; and it is furtherSaid property is commonly known as 26 BLUEBERRY LANE, STONY BROOK, NY 11790. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A ind ik furthen ENTER, Dated: Riverhead, New York HON. ROBERT F. QUINLAN _-—TOSTICE OF THE SUPREME COURT x 10FILED: SUFFOLK COUNTY CLERK 10/29/2019 01:42 PM) NYSCEF ne PRIMARY LAND SERVICES, LLC 7 ry SCHEDULE A (hat certain plot, piece ‘or parcel of land, with the buildings and improvements mn erected, suse “iying. ond beng, South Setauket, Town of Brocktaven, Y of Suffolk and State of New York, known and designated as Lot No. 1129 ona a map entitled “Map of Strathmore, Section 13" filed in the Office of the Clerk of ‘ounty of Suffolk on December 28, 1964 as Map No. 4223, said Jot being more alarly bounded and described as follows: NNING at a point on the southerly sige of Blueberry Lane at the extreme easterly ia curve ” ‘ich connects the southerly side of Blueberry Lane with the easterly 0 rive; . YING THENCE easterly along the southerly side of Blueberry Lane 120 feet to dsion line between lots 1130 and 1129 on the aforementioned map; ‘CE along said last mentioned division line southerly at right angles 100 feet to dsion line between lots 1128 and 1129 on said map; ‘CE al last mentioned division line westterly at right ith the pri (9 35 ees tae cat E Drive; Heht angles w Prot CE along the easterly side of Barker Drive the following three (3) courses and 1€8; ‘therh the arc of a curve bearing to the right having a radius of 200 feet, a eerste Bet . 1 ! 1 i i | herly 69.92 feet to the extreme southerly end of the curve first above mentioned; i terly along un arc of a curve bearing to ths right having a radius of 10 feet, a cof 15.71 feet to the point or place of iG. i i . | i \ \ ‘ The policy to be Issued under this repost will inaure the title to such buildings and TOGETHER with all the right, title and Intorest of the party of the first part, of, In and to i | improvements oracted on the premises which by law constitute real property. 4 \ the fand lying In the street In tront of and adjoining sald premises. 1 1 INDEX NQ. 064884/2014 RECEIVED NYSCEF: 10/29/2019ORDERED that plaintiff shall serve the notice of the foreclosure sale and any adjournments upon the Supreme Court Calendar Clerk; and it is further ORDERED that the referee complete and file the Suffolk County Foreclosure Action Surplus Monies form with the Supreme Court Calendar Clerk and the Suffolk County Clerk within thirty (30) days of the foreclosure sale; and it is further ORDERED that the referee submit proof of deposit of any surplus monies with the Suffolk County Comptroller with the Supreme Court Calendar Clerk and the Suffolk County Clerk within thirty (30) days of the date of closing of title; and it is further ORDERED that the referee may make an application for additional fees, by letter to the court, as a result of any adjournments of the sale, providing proof of compliance with 22 NYCRR Part 36 including the filing of USC Forms 872 and 875. ENTER Dated: February (p , 2020 kés L. (4 a HON. ROBERT F. QUINLAN JSC. E GRANTED Quesior Q. iy 2 eat” * FEB 06 2020 dudiith A. Pascal CLERK OF SUFFOLK CO UtyALNNOO 11034N8 WHI oreo8ed “y uIpNE 0200 6 b 834 aang HUB79 ALNAOI WIS 21vSg Vi El Z Wd b1 aay a7 ossFOR INFORMATION ONLY FROM THIS PAGE ONCOURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK a NATIONSTAR MORTGAGE LLC D/B/A COSTS OF PLAINTIFF CHAMPION MORTGAGE COMPANY Plaintiff, vs INDEX #: 064884/2014 BARBARA J. BYRNE, MORTGAGED PREMISES: 26 BLUEBERRY LANE Defendant(s). STONY BROOK, NY 11790 DSBL #: 0200 - 387.00 - 03.00 - 001.000 anne en eee X COSTS Costs before Note of Issue - CPLR §8201(1) Allowance by statute - CPLR §8302(a) (b) First $200.00 at 10% $20.0) cost TAXED AT $. 2 Next $800.00 at 5% $40.0) TIME ——— DAY OF Next $2000.00 at 2% $40.0 FEB 19 2020 Next $5000.00 at 1% $50.0 JUDITH A. PASCALE CLERK OF SUFFOLK COUNTY Additional allowance - CPLR §8302(d) Costs on motion - CPLR §8303(a) (1) FEES AND DISBURSEMENTS Index Number Fee Lis Pendens Filing Fee Motion Referee's Fee to Compute Search Update Service Fees Skip Trace Title Search request for judicial intervention Total: $200.00 $150.00 $50.00 $0.00 $400.00 $380.00 $225.00 $350.00 $65.00 $905.00 $65.00 $5.69 $95.00 $2,890.69Ae ALNNOD OdIG WATS ayeosed "w UPA 0v02 6 1 34 aad yuna ALMAO Based ¥ €1Z Hd bi O35 Oe aaa