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At a Special Termof the Sup==e Court,
held in and for the County of Dutchess
at the Dutchess County Courthouse,
Poughkeepsie, New York on the
day of April 2019.
PRESENT: HON.
J.S.C.
STATE OF NEW YORK SUPREME COURT
COUNTY OF DUTCHESS
THE BANK OF NEW YORK MELLON FKA THE BANK Index No.: 2018-53456
OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWMBS, INC., CHL ORDER GRANTING
MORTGAGE PASS-THROUGH TRUST 2007-18, SUMMARY JUDGMENT
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2007-18 Foreclosure of:
Plaintiff, 4 Birch Hill Road, Pawling, NY
-vs- 12564
ELAINE F. FORD; (Section 7155, Block 00, Lot
KEYBANK NATIONAL ASSOCIATION; 469918)
DOE" DOE,"
and "JOHN and "MARY
(Said names being fictitious, itbeing the intention of Plaintiff
to designate any and all occupants, tenants, persons or
corporations, if any, having or cle-l-..g an interest in or lien
upon the premises being foreclosed herein.)
Defendants.
Plaintiff having moved thisCourt for an Order pursuant to CPLR §§ 3212, 3215 and RPAPL
§ 1321 directing the entry of the su--ary judgment in favor of Plaintiff and against Defendent
Elaine F. Ford, and for such further relief as this Court may deem just and proper; and
NOW, upon the Notice of Motion and AfHrmation of Regularity of Ashley E. Ragan, Esq.,
of Davidson Fink LLP, attomeys for Plaintiff, dated , 2019, and upon
Plaintiff's Affidavit in Support of Summary Judgment Motion by Maria Ayala as Documant
Coc±+er of Bayview Loan Servicing, mortgage loan servicer for THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST
2007-18, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-18, Plaintif F herein,
dated March 01, 2019, together with the exhibits annexed thereto in support thereof; and Defendant
having not submittad any response to said Motion; and the Motion having come to be heard on
day of April 2019; and there being no appearance by Defendant, and due deliberation having
been had, itis
ORDERED, that the motion is GRANTED; and itis further
ORDERED, that default Judgment is GRANTED against all non-answering party
Defendants; and itis further
ORDERED, that the Answer of Defandent, Elaine F. Ford, be stricken and dismissed and
the appearance of such Defendant be limited to a Notice of Appearance and waiver of service of
all papers and of notices of all proceedings in said action except copy of Notice of Sale and notice
of proceedings to obtain surplus moneys; and itis further
ORDERED, that this action be and the same hereby is discontinued as against the
Doe'
darand==*s sued herein as 'John and 'Mary Doe', not having been served with copies of the
Su==eac and Compleint and are not and that the said defendants be
necessary party defendants,
stricken out and eliminged from the title and caption of this action accordingly, all without
prejudice to any of the proceedings heretofore had or to be had in this action; and itis further
THIS SPACE INTENTIONALLY LEFT BLANK
. ORDERED, that the caption shall read as follows:
THE BANK OF NEW YORK MELLON FKA THE BANK Index No.: 2018-53456
OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWMBS, INC., CHL
MORTGAGE PASS-THROUGH TRUST 2007-18,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2007-18
Plaintiff,
-Vs-
ELAINE F. FORD;
KEYBANK NATIONAL ASSOCIATION;
Defendants.
; and itis further
ORDERED, that this action be and the same hereby is referred to
_ _, Esq, with an office at
,
Phone Number: Fax Number:
as Referee to ascertain and compute the amount due the plaintiff in this action for principal and
interest on the bond and mortgage sued upon and set forth in the ccng±t and for payments made
by the plaintiff for taxes, assessments, water charges, insurance premiums and any other expenses
that the plaintiff has paid or may pay in connection with the protection of itssecurity hereunder
against the mortgaged premises including, but not limited to, the costs of preserving or protecting
the mortgaged premises and fees for other services and charges affecting the premises herein
described, during the pendency of this action and until the closing of title with purchaser at
foreclosure sale, and that any sums so paid theplaintiff shall be added to the sum otherwise due
by
to the plaintiff, pursuant to the plaintifTs claim herein, and shall be deemed secured by said bond
and mortgage as therein provided and adjudged a valid lien on the premises herein described, with
interest thereon from the date of each such payment, and to examine and report v±ether the
mortgaged premises should be sold in one or more parcels; and itis further
ORDERED that, ifrequired, the Referee take testimony pursuant to RPAPL §1321; and it
is further
ORDERED, that the Referee appointed herein is subject to the requi=ments ofRule36.2(c)
of the Chief Judge, and if the Referee is disonalined from receiving an appointment pursuant to
the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and itis further
ORDERED, that by acceptia.g this appale-ent the Referee certifies that he/she is in
camplia.nce with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limited to, section 36.2(c) ("Disqualifications from appoi=+=mt") and section 36.2(d)
("Limitations on appointments based upon compensation"); and itis further
ORDERED that Defendant, Elaine F. Ford, be provided a copy of the Court's Order and
the Referee's Notice of Sale in Foreelesure.
Dated:
Poughke psie, New York
. .
J.S.C.
ENTER: IN DUTCHESS COUNTY
Section: 7155
Block: 00
Lot: 469918
CERTIFICATION
To the best of my knowledge, informeien and belief, formed after a reasonable inquiry
under the circu=swees, the presentation of this Order Co-tin-g Summary Judgment and or the
contentions therein are not frivalcus as defmed in subsection (c) of section 130-1.1 of the Rules
of the Chief AdmJnistrator (22 NYCRR).
D
Ashley E. .
Attorney for
28 East Main t,Suite 1700
Rochester, New York 14616
Tel: (585) 760-8218
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At a Special Termof the Sup==e Court, held in and for the County of Dutchess at the Dutchess County Courthouse, Poughkeepsie, New York on the day of April 2019. PRESENT: HON. J.S.C. STATE OF NEW YORK SUPREME COURT COUNTY OF DUTCHESS THE BANK OF NEW YORK MELLON FKA THE BANK Index No.: 2018-53456 OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL ORDER GRANTING MORTGAGE PASS-THROUGH TRUST 2007-18, SUMMARY JUDGMENT MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-18 Foreclosure of: Plaintiff, 4 Birch Hill Road, Pawling, NY -vs- 12564 ELAINE F. FORD; (Section 7155, Block 00, Lot KEYBANK NATIONAL ASSOCIATION; 469918) DOE" DOE," and "JOHN and "MARY (Said names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or cle-l-..g an interest in or lien upon the premises being foreclosed herein.) Defendants. Plaintiff having moved thisCourt for an Order pursuant to CPLR §§ 3212, 3215 and RPAPL § 1321 directing the entry of the su--ary judgment in favor of Plaintiff and against Defendent Elaine F. Ford, and for such further relief as this Court may deem just and proper; and NOW, upon the Notice of Motion and AfHrmation of Regularity of Ashley E. Ragan, Esq., of Davidson Fink LLP, attomeys for Plaintiff, dated , 2019, and upon Plaintiff's Affidavit in Support of Summary Judgment Motion by Maria Ayala as Documant Coc±+er of Bayview Loan Servicing, mortgage loan servicer for THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2007-18, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-18, Plaintif F herein, dated March 01, 2019, together with the exhibits annexed thereto in support thereof; and Defendant having not submittad any response to said Motion; and the Motion having come to be heard on day of April 2019; and there being no appearance by Defendant, and due deliberation having been had, itis ORDERED, that the motion is GRANTED; and itis further ORDERED, that default Judgment is GRANTED against all non-answering party Defendants; and itis further ORDERED, that the Answer of Defandent, Elaine F. Ford, be stricken and dismissed and the appearance of such Defendant be limited to a Notice of Appearance and waiver of service of all papers and of notices of all proceedings in said action except copy of Notice of Sale and notice of proceedings to obtain surplus moneys; and itis further ORDERED, that this action be and the same hereby is discontinued as against the Doe' darand==*s sued herein as 'John and 'Mary Doe', not having been served with copies of the Su==eac and Compleint and are not and that the said defendants be necessary party defendants, stricken out and eliminged from the title and caption of this action accordingly, all without prejudice to any of the proceedings heretofore had or to be had in this action; and itis further THIS SPACE INTENTIONALLY LEFT BLANK . ORDERED, that the caption shall read as follows: THE BANK OF NEW YORK MELLON FKA THE BANK Index No.: 2018-53456 OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2007-18, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-18 Plaintiff, -Vs- ELAINE F. FORD; KEYBANK NATIONAL ASSOCIATION; Defendants. ; and itis further ORDERED, that this action be and the same hereby is referred to _ _, Esq, with an office at , Phone Number: Fax Number: as Referee to ascertain and compute the amount due the plaintiff in this action for principal and interest on the bond and mortgage sued upon and set forth in the ccng±t and for payments made by the plaintiff for taxes, assessments, water charges, insurance premiums and any other expenses that the plaintiff has paid or may pay in connection with the protection of itssecurity hereunder against the mortgaged premises including, but not limited to, the costs of preserving or protecting the mortgaged premises and fees for other services and charges affecting the premises herein described, during the pendency of this action and until the closing of title with purchaser at foreclosure sale, and that any sums so paid theplaintiff shall be added to the sum otherwise due by to the plaintiff, pursuant to the plaintifTs claim herein, and shall be deemed secured by said bond and mortgage as therein provided and adjudged a valid lien on the premises herein described, with interest thereon from the date of each such payment, and to examine and report v±ether the mortgaged premises should be sold in one or more parcels; and itis further ORDERED that, ifrequired, the Referee take testimony pursuant to RPAPL §1321; and it is further ORDERED, that the Referee appointed herein is subject to the requi=ments ofRule36.2(c) of the Chief Judge, and if the Referee is disonalined from receiving an appointment pursuant to the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and itis further ORDERED, that by acceptia.g this appale-ent the Referee certifies that he/she is in camplia.nce with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to, section 36.2(c) ("Disqualifications from appoi=+=mt") and section 36.2(d) ("Limitations on appointments based upon compensation"); and itis further ORDERED that Defendant, Elaine F. Ford, be provided a copy of the Court's Order and the Referee's Notice of Sale in Foreelesure. Dated: Poughke psie, New York . . J.S.C. ENTER: IN DUTCHESS COUNTY Section: 7155 Block: 00 Lot: 469918 CERTIFICATION To the best of my knowledge, informeien and belief, formed after a reasonable inquiry under the circu=swees, the presentation of this Order Co-tin-g Summary Judgment and or the contentions therein are not frivalcus as defmed in subsection (c) of section 130-1.1 of the Rules of the Chief AdmJnistrator (22 NYCRR). D Ashley E. . Attorney for 28 East Main t,Suite 1700 Rochester, New York 14616 Tel: (585) 760-8218