Preview
At Part of the Supreme Court held in
the County of Erie, at the Erie Courthouse
thereof, on the day of
,20_.
PRESENT: Hon. M. William Boller, J.S.C.
JUSTICE OF THE SUPREME COURT
Carrington Mortgage Services, LLC, INDEX NO. 801416/2019
Plaintiff(s)
DEFAULT JUDGMENT
AND JUDGMENT OF
FORECLOSURE AND SALE
Carrie Sparks a/k/a Carrie A. Sparks, and "JOHN DOE",
W
said name fictitious, itbeing the intention of Plaintiff
being
MORTGAGED PROPERTY:
to designate any and all occupants of premises
1211 McKinley Parkway
foreclosed herein, and any parties, corporations or entities, if
Lackawanna, NY 14218
any, having or claiming an interest or lien upon the
mortgaged premises,
COUNTY: Erie
Defendant(s).
SBL #: Section 142.24 Block 2
Lot 18
UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 31st
of the Notice of Motion dated , the affirmation of
day January, 2019,
Scott Ferraro, Esq., and the exhibits annexed, thereto, and upon the afHdavit of merit and amount
due Laura Hovis, who is Default Document, Senior Analyst of Carrington Mortgage Services,
by
LLC., duly sworn to on April 5, 2019, together with the exhibits attached thereto, all in support
of Plaintiff's motion for a Default Judgment and Judgment of Foreclosure and Sale; and
UPON proof this action was brought to foreclose a mortgage on real property located at
1211 McKinley Parkway, Lackawanna, NY 14218 in the County of Erie, State of New York
Section 142.24 Block 2 Lot 18; and
UPON pmof that each of the defendants herein has been duly served with the Summons
and Complaint in this action, and did not answer or otherwise appeared, nor had their time to do
so extended; and itappearing that more than the legally required number of days had elapsed
18-077597 Judgment of Foreclosure and Sale Page 1 of 12
since said Defendants, Carrie Sparks a/k/a Carrie A. Sparks and "John Doe", were so served
and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment
against defendants is warranted;
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants, Carrie Sparks a/k/a Carrie A. Sparks and
"John Doe", are not absent, in accordance with RPAPL §1321(2); and
AND the court having held a mandatory settlement conference pursuant to CPLR 3408;
Plaintiff attended a settlement conference on March 4, 2019 but the defendant mortgagor(s)
failed to appear and the case was released from the settlement conference part;
AND Plaintiff
having waived itsright to a deficiency judgacat and accept the sale of
property in full satisfaction of the mortgage debt; and
UPON proof of notice of this motion to all parties and persons enti+lad thereto;
NOW, on motion by Scott Ferraro, Esq., attorney for the Plaintiff, itis hereby
ORDERED, ADJUDGED AND DECREED, that the default of all non-appearing
defedents is hereby fixed and determined; and itis further
ORDERED, ADJUDGED AND DECREED, that, in accordance with the Affidavit of
Merit and Amounts Due and Owing dated April 5, 2019, the sum of $76,948.15, is awarded to
the Plaintiff as of April 1, 2019; and itis 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 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 a public auction
at the foreclosure alcove of the Erie County Hall, 92 Franklin Street, Buffalo, New York 14202,
18-077597 Judgment of Foreclosure and Sale Page 2 of 12
by and under the direction of 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 the BufaloLaw Journal; and itis further
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), in±+=g, 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
disqüâIified from receiving an appointment pursuant to the provisions of that Rule, the Referee
shall immediately notify the Appointing Judge; and it isfurther
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 Chief Administrative Judge; and it isfurther
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, its successors
and/or assigns, or its representative as if Plaintiff were physically present to submit such bid; 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 §1351(1) is exteided for the Referee to conduct the sale as soon as reasc-mbly
practicable; and itis further
18-077597 Judgmat of Foreclosure and Sale Page 3 of12
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
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 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 immediataly 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, in the event a party other than the
Plaintiff becomes the purchaser at the sale, the of titleshall be held no later than 30 days
closing
after such sale unless otherwise stipulated by all parties to the sale; 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, if Plaintiff (or itsaffiliate, 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,
18-077597 Judgment of Foreclosure and Sale Page 4 of12
renovation, or rehabilitation of the property, provided that such construction, renovation, or
rehabilitation proceeded diligently to complation, whichever comes first,provided however, that
a court of competent jurisdiction may grant an extension for good cause shown; and it isfurther
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, taxes, assessments, sewer rents and 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 shall then deposit the
balance of said proceeds of sale in his/her own name as Referee in their I.O.L.A. account
maintained for legal clients, 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 $750.00 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
18-077597 Judgment of Foreclosure and Sale Page 5 of12
reapansible 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 evpees 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:
Judgment Amount: $76,948.15 with interest at the note rate from April 1, 2019
until the date of entry of this judgment, 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
prescatation 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 of
entry
this judgment at the statutory rate until the date the deed is transferred;
Costs and Disbursements: $1,397.00 adjudged to the Plaintiff for costs and
disburseats in this action, with interest at the statutory judgment rate from the date of
entry of this judgment;
Additional Allowance: $ is hereby awarded to Plaintiff in
addition to costs, with interest at the judgmcat rate from the date of of this
statutory entry
judgment, pursuant to CPLR Article 83;
Attorney Fees: $2,675.00 is hereby awarded to Plaintiff as reasonable legal fees
herein, with interest at the statutory rate from the date of entry of this judgment;
18-077597 Judgment of Foreclosure and Sale Page 6 of12
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 funds shall be deposited with the Erie County Commi=ioner of Finance; and itis
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 Plaintiff, and a valid assignmcat 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 Plaintiff or its assigñee, a deed or deeds of the
property sold upon the payment to said Pafa=e of the amounh specified in items marked "First",
"Third"
"Second", and above; that the Referee shall allow the Plaintiff to pay the amounts
"Second" "Third"
specified in and above when itis recording the deed; that the balance of the
bid, after the amounts paid the Plaintiff shall be applied to the amount due Plaintiff
deducting by
"Fourth"
as specified in paragraph above; that Plaintiff shall pay any surplus after applying the
"Fifth"
balance of the bid to the Referee, who shall deposit it in accordance with paragraph
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, that any
transfer tax shall be paid in accordance with Tax Law §1404; and it isfurther
ORDERED, ADJUDGED AND DECREED that even ifthe sale proceeds distributed in
"Fourth"
accordance with paragraphs "First", "Second", "Third", and above are insufficient to
"Fourth"
pay Plaintiff the Amount Due as set forth in paragraph above, Plaintiff has waived and
18-077597 Judgment of Forecloswe and Sale Page 7 of 12
may not seek to recover a deficiency judgment in accordance with RPAPL §1371; and it is
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 condition 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, ifany; 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 possessiün 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 defendant
by any
or its successor or assignee contesting the validity of this foreclosure; and it isfurther
ORDERED, ADJUDGED AND DECREED that the purchaser be letinto 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 isfurther
ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all
persons claiming through them and any person obtaining an interest in the after the
property
filing of the Notice of Pendency are barred and foreclosed of allright, 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 the
by
Court, the officer making the sale shall file with the County Clerk a report under oath of the
18-077597 Judgment of Foreclosure and Sale Page 8 of12
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 itis further
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 Plaintiff's attorneys shall elect to make such
application; and itis further
ORDERED, ADJUDGED AND DECREED that the caption of this action be amended
Doe"
by substituting "John in place of "JOHN DOE"; and itis further
ORDERED, ADJUDGED AND DECREED that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
Carrington Mortgage Services, LLC, INDEX NO. 801416/2019
Plaintiff(s) '
MORTGAGED PROPERTY:
1211 McKinley Parkway
Doe" Lackawanna, NY 14218
Carrie Sparks a/k/a Carrie A. Sparks; "John
COUNTY: Erie
Defendant(s). SBL #: Section 142.24 Block 2 Lot
18
And it isfurther
ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this
Order and Judgment with Notice of Entry upon the owner of the equity of redempden, any
tenants named in this action, and any other parties or persons entitled to service, the
including
Referee appointed herein; and itis further
ORDERED, ADJUDGED AND DECREED that nothing herein shall be damied to
relieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and
18-077597 Judgment of Foreclosure and Sale Page 9 of12
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 coñcurrently file a Foreclosure Actions Surplus Monies Form; and it isfurther
ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith,
Plaintiff shall file a written report with the court within six manthe from the date of of this
entry
judgment stating whether the sale has occurred and the outcome thereof.
Said property is commonly known as 1211 McKinley Parkway, Lackawanna, NY 14218.
The legal description of the mortgaged property referred to herein is annexed hereto as
Schedule A.
ENTER
DATED:
Hon. M. William Boller, J.S.C.
Justice of the Supreme Court
Attorney pursuant
certification
to 22NYCRR §130-1.1-a
isafHxed to insidecover.
18-077597 Judgment of Foreclosure and Sale Page 10 of 12
INDEX NO. 801416/2019
[FILED : ERIE COUNTY CIJERK 01/31/2019 04:05 PH
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/31/2019
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Lackawanna, County of Erie and
State of New York, being partof Loot No. 284, Township 10, Range 7 of the Buffalo Creek Reservation
and being known as SubdMslon Lot No. 1, according to the Map filedInthe Erie County Clerk's Of Ace
under Cover No. 1187, and amended by Map filed under Cover No. 1390, the sarne being on the
northwesterly corner of McKin1sy Parkway and Vincent Avenue.
Book13648/Page9599 3 of 5 Page 26 of 26
Preview
At Part of the Supreme Court held in the County of Erie, at the Erie Courthouse thereof, on the day of ,20_. PRESENT: Hon. M. William Boller, J.S.C. JUSTICE OF THE SUPREME COURT Carrington Mortgage Services, LLC, INDEX NO. 801416/2019 Plaintiff(s) DEFAULT JUDGMENT AND JUDGMENT OF FORECLOSURE AND SALE Carrie Sparks a/k/a Carrie A. Sparks, and "JOHN DOE", W said name fictitious, itbeing the intention of Plaintiff being MORTGAGED PROPERTY: to designate any and all occupants of premises 1211 McKinley Parkway foreclosed herein, and any parties, corporations or entities, if Lackawanna, NY 14218 any, having or claiming an interest or lien upon the mortgaged premises, COUNTY: Erie Defendant(s). SBL #: Section 142.24 Block 2 Lot 18 UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 31st of the Notice of Motion dated , the affirmation of day January, 2019, Scott Ferraro, Esq., and the exhibits annexed, thereto, and upon the afHdavit of merit and amount due Laura Hovis, who is Default Document, Senior Analyst of Carrington Mortgage Services, by LLC., duly sworn to on April 5, 2019, together with the exhibits attached thereto, all in support of Plaintiff's motion for a Default Judgment and Judgment of Foreclosure and Sale; and UPON proof this action was brought to foreclose a mortgage on real property located at 1211 McKinley Parkway, Lackawanna, NY 14218 in the County of Erie, State of New York Section 142.24 Block 2 Lot 18; and UPON pmof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and did not answer or otherwise appeared, nor had their time to do so extended; and itappearing that more than the legally required number of days had elapsed 18-077597 Judgment of Foreclosure and Sale Page 1 of 12 since said Defendants, Carrie Sparks a/k/a Carrie A. Sparks and "John Doe", were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against defendants is warranted; UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants, Carrie Sparks a/k/a Carrie A. Sparks and "John Doe", are not absent, in accordance with RPAPL §1321(2); and AND the court having held a mandatory settlement conference pursuant to CPLR 3408; Plaintiff attended a settlement conference on March 4, 2019 but the defendant mortgagor(s) failed to appear and the case was released from the settlement conference part; AND Plaintiff having waived itsright to a deficiency judgacat and accept the sale of property in full satisfaction of the mortgage debt; and UPON proof of notice of this motion to all parties and persons enti+lad thereto; NOW, on motion by Scott Ferraro, Esq., attorney for the Plaintiff, itis hereby ORDERED, ADJUDGED AND DECREED, that the default of all non-appearing defedents is hereby fixed and determined; and itis further ORDERED, ADJUDGED AND DECREED, that, in accordance with the Affidavit of Merit and Amounts Due and Owing dated April 5, 2019, the sum of $76,948.15, is awarded to the Plaintiff as of April 1, 2019; and itis 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 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 a public auction at the foreclosure alcove of the Erie County Hall, 92 Franklin Street, Buffalo, New York 14202, 18-077597 Judgment of Foreclosure and Sale Page 2 of 12 by and under the direction of 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 the BufaloLaw Journal; and itis further 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), in±+=g, 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 disqüâIified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it isfurther 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 Chief Administrative Judge; and it isfurther 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, its successors and/or assigns, or its representative as if Plaintiff were physically present to submit such bid; 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 §1351(1) is exteided for the Referee to conduct the sale as soon as reasc-mbly practicable; and itis further 18-077597 Judgmat of Foreclosure and Sale Page 3 of12 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 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 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 immediataly 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, in the event a party other than the Plaintiff becomes the purchaser at the sale, the of titleshall be held no later than 30 days closing after such sale unless otherwise stipulated by all parties to the sale; 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, if Plaintiff (or itsaffiliate, 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, 18-077597 Judgment of Foreclosure and Sale Page 4 of12 renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to complation, whichever comes first,provided however, that a court of competent jurisdiction may grant an extension for good cause shown; and it isfurther 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, taxes, assessments, sewer rents and 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 shall then deposit the balance of said proceeds of sale in his/her own name as Referee in their I.O.L.A. account maintained for legal clients, 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 $750.00 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 18-077597 Judgment of Foreclosure and Sale Page 5 of12 reapansible 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 evpees 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: Judgment Amount: $76,948.15 with interest at the note rate from April 1, 2019 until the date of entry of this judgment, 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 prescatation 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 of entry this judgment at the statutory rate until the date the deed is transferred; Costs and Disbursements: $1,397.00 adjudged to the Plaintiff for costs and disburseats in this action, with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance: $ is hereby awarded to Plaintiff in addition to costs, with interest at the judgmcat rate from the date of of this statutory entry judgment, pursuant to CPLR Article 83; Attorney Fees: $2,675.00 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; 18-077597 Judgment of Foreclosure and Sale Page 6 of12 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 funds shall be deposited with the Erie County Commi=ioner of Finance; and itis 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 Plaintiff, and a valid assignmcat 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 Plaintiff or its assigñee, a deed or deeds of the property sold upon the payment to said Pafa=e of the amounh specified in items marked "First", "Third" "Second", and above; that the Referee shall allow the Plaintiff to pay the amounts "Second" "Third" specified in and above when itis recording the deed; that the balance of the bid, after the amounts paid the Plaintiff shall be applied to the amount due Plaintiff deducting by "Fourth" as specified in paragraph above; that Plaintiff shall pay any surplus after applying the "Fifth" balance of the bid to the Referee, who shall deposit it in accordance with paragraph 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, that any transfer tax shall be paid in accordance with Tax Law §1404; and it isfurther ORDERED, ADJUDGED AND DECREED that even ifthe sale proceeds distributed in "Fourth" accordance with paragraphs "First", "Second", "Third", and above are insufficient to "Fourth" pay Plaintiff the Amount Due as set forth in paragraph above, Plaintiff has waived and 18-077597 Judgment of Forecloswe and Sale Page 7 of 12 may not seek to recover a deficiency judgment in accordance with RPAPL §1371; and it is 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 condition 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, ifany; 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 possessiün 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 defendant by any or its successor or assignee contesting the validity of this foreclosure; and it isfurther ORDERED, ADJUDGED AND DECREED that the purchaser be letinto 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 isfurther ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all persons claiming through them and any person obtaining an interest in the after the property filing of the Notice of Pendency are barred and foreclosed of allright, 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 the by Court, the officer making the sale shall file with the County Clerk a report under oath of the 18-077597 Judgment of Foreclosure and Sale Page 8 of12 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 itis further 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 Plaintiff's attorneys shall elect to make such application; and itis further ORDERED, ADJUDGED AND DECREED that the caption of this action be amended Doe" by substituting "John in place of "JOHN DOE"; and itis further ORDERED, ADJUDGED AND DECREED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE Carrington Mortgage Services, LLC, INDEX NO. 801416/2019 Plaintiff(s) ' MORTGAGED PROPERTY: 1211 McKinley Parkway Doe" Lackawanna, NY 14218 Carrie Sparks a/k/a Carrie A. Sparks; "John COUNTY: Erie Defendant(s). SBL #: Section 142.24 Block 2 Lot 18 And it isfurther ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this Order and Judgment with Notice of Entry upon the owner of the equity of redempden, any tenants named in this action, and any other parties or persons entitled to service, the including Referee appointed herein; and itis further ORDERED, ADJUDGED AND DECREED that nothing herein shall be damied to relieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and 18-077597 Judgment of Foreclosure and Sale Page 9 of12 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 coñcurrently file a Foreclosure Actions Surplus Monies Form; and it isfurther ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall file a written report with the court within six manthe from the date of of this entry judgment stating whether the sale has occurred and the outcome thereof. Said property is commonly known as 1211 McKinley Parkway, Lackawanna, NY 14218. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A. ENTER DATED: Hon. M. William Boller, J.S.C. Justice of the Supreme Court Attorney pursuant certification to 22NYCRR §130-1.1-a isafHxed to insidecover. 18-077597 Judgment of Foreclosure and Sale Page 10 of 12 INDEX NO. 801416/2019 [FILED : ERIE COUNTY CIJERK 01/31/2019 04:05 PH NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/31/2019 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Lackawanna, County of Erie and State of New York, being partof Loot No. 284, Township 10, Range 7 of the Buffalo Creek Reservation and being known as SubdMslon Lot No. 1, according to the Map filedInthe Erie County Clerk's Of Ace under Cover No. 1187, and amended by Map filed under Cover No. 1390, the sarne being on the northwesterly corner of McKin1sy Parkway and Vincent Avenue. Book13648/Page9599 3 of 5 Page 26 of 26