Preview
At Part _____ of the Supreme Court of the State of New
York, held in and for the County of SUFFOLK at the
Courthouse thereof, 1 COURT STREET, RIVERHEAD, NY
11901, on the day of , 2019.
P R E S E N T: Honorable Joseph A. Santorelli, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------X
U.S. BANK NA AS TRUSTEE FOR THE CHASE INDEX NO.: 068274/2014
MORTGAGE FINANCE CORPORATION
MULTI-CLASS MORTGAGE PASS-THROUGH ORDER CONFIRMING REFEREE
CERTIFICATES SERIES 2006-S1, REPORT AND OF
JUDGMENT
FORECLOSURE AND SALE
Plaintiff,
MORTGAGED PROPERTY:
vs'
3 CATTLE WALK
EAST HAMPTON, NY 11937
JOSEPH R. BALDI, JR. A/K/A JOSEPH R.
BALDI A/K/A/ JOSEPH BALDI;
COUNTY: SUFFOLK
BROOKHAVEN MEMORIAL HOSPITAL
CENTER ; AMERICAN EXPRESS CENTURION
SBL#: District 0300 Section 090 00
BANK ; PRIDE ACQUISITIONS LLC
Block 04.00, Lot 009.002
MIDLAND FUNDING LLC,
Defendant(s).
-----------------------------------X
UPON reading the Summons, Contplaint and Notice of Pendency filed in this action on
October 7, 2014, the Notice of Pendency filed on February 19, 2018, the Notice of Motion dated
April 3, 2019, the affirmation of Jennifer A. Novembre, Esq. and the exhibits annexed thereto,
and upon the affidavit of merit and amount due by Diego Guzman who is Document Control
Officer of Select Portfolio Servicing, Inc., duly sworn to on February 13, 2019; together with the
exhibits attached thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and
Sale; and
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UPON proof that each of the Defendants herein have been duly served with the Summons
and Complaint in this action, and have not served any answer to the Complaint or otherwise
appeared, nor had their time to so do extended; and it appearing that more than the legally
required number of days had elapsed since said Defendants JOSEPH R. BALDI, JR. A/K/A
JOSEPH R. BALDI A/K/A JOSEPH BALDI, BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER, AMERICAN EXPRESS CENTURION BANK, PRIDE ACQUISITIONS
LLC and MIDLAND FUNDING LLC were so served and/or appeared; and Plaintiff having
established to the court's satisfaction that judgment against the defendants is warranted;
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants JOSEPH R. BALDI, JR. A/K/A JOSEPH R.
BALDI A/K/A JOSEPH BALDI, BROOKHAVEN MEMORIAL HOSPITAL MEDICAL
CENTER, AMERICAN EXPRESS CENTURION BANK, PRIDE ACQUISITIONS LLC and
MIDLAND FUNDING LLC are not absent, in accordance with RPAPL §1321(2);
A Referee having been appointed to compute the amount due to the Plaintiff upon the
bond/note and mortgage set forth in the Complaint, and to examine whether the mortgaged
property can be sold in parcels; and
UPON reading and filing the Report of Gabrielle Weglein, Esq. dated March 14, 2019,
showing the sum of $1,828,622.53 due as of the date of said Report and that the mortgaged
property cannot be sold in parcels; and
UPON proof of due notice of this application upon all parties entitled to receive same,
and upon all of the prior proceedings and papers filed herein;
NOW, on motion by Jennifer A. Novembre, Esq., attorney for the Plaintiff; it ishereby
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ORDERED, ADJUDGED AND DECREED that the motion is granted; without
opposition and itis further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same
is,hereby in all respects ratified and confirmed; and itis further
ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the
Complaint in this action and as hereafter described, or such part thereof as may be sufficient to
discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by
the RPAPL be sold, within 90 days from the date of this Judgment, in one parcel, at public
auction at the by and
under the direction of Gabrielle Weglein, Esq. who is hereby appointed Referee for that purpose;
that said Referee give public notice of the time and place of sale in accordance with RPAPL
§231 in .......
. . ; and it is
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), 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, 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
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ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the
foreclosure sale only if Plaintiff, its successors and/or assignees, or itsrepresentative is present at
the sale or the Referee has received a written bid and Terms of Sale from Phintiff its successors
and/or assigns, or its representative; and itis further
ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale
within 90 days of the date of the judgreent, in accordance with CPLR 2004, the time fixed by
RPAPL §l35 l(1) is extended for the Referee to conduct the sale as soon as reasonably
practicable; and it isfurther
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Phintiff's attorney, just as though Plaintiff were
physically present to submit said bid; and itis 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, by certified or bank check, ten percent (10%) of the sum bid, unless the successful
bidder is the Plaintiff in which case no deposit against the purchase price shall be required; and 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 the ten percent (10%) deposit as required, the property shall
immediately and on the same day be reoffered at auction; and itis further
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ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down
payment and proceeds of sale, as necessary, in
in his/her own name as Referee, in accordance with CPLR 2609; and itis further
ORDERED, ADJUDGED AND DECREED that after the property is sold the Referee
shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale,
which shall be deemed a binding contract; and itis further
ORDERED, ADJUDGED AND DECREED that in the event a party other than the
Plaintiff becomes the purchaser at the sale, the closing of titleshall be had thirty (30) days after
the date of such sale unless otherwise stipulated by allparties to the sale; and itis further
ORDERED, ADJUDGED, AND DECREED that if the Plaintiff (or its affiliate, as
defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser,
such party shall place the property back on the market for sale or other occupancy: (a) within one
hundred eighty (180) days of the execution of the deed of sale, or (b) within ninety (90) days of
completion of construction, renovation, or rehabilitation of the property, provided that such
construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes
first, provided however, a court of competent jurisdiction may grant an extension for good cause;
and 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, all
taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property
at the time of sale, with such interest or penalties which may have lawfully accrued thereon to
the date of payment; and itis further
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ORDERED, ADJUDGED, AND DECREED, that the Referee then deposit the balance of
said proceeds of sale in her/his own name as Referee in ____ , and
shall thereafter make the following payments in accordance with RPAPL §1354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance
with CPLR 8003(b), not to exceed $500.00 unless the property sells for
$50,000.00 or more -OR- in the event a sale was cancelled or Plaintiff
postponed,
shall compensate the Referee in the sum of $ for each adjournment
or cancellation, unless the Referee caused the delay;
SECOND: All taxes, assessments and water rates that are liens upon the
property and monies necessary to redeem the property from any sales for unpaid
taxes, assessments, or water rates that have not apparently become absolute, and
any other amounts due in accordance with RPAPL §l354(2). Purchaser shall be
responsible for interest and penalties due on any real property taxes accruing after
the sale. The Referee shall not be held responsible for the payment of penalties or
fees pursuant to this appointment. The Purchaser shall hold the Referee harmless
from any such penalties or fees assessed;
THIRD: The expenses of the sale and the advertising expenses as shown
on the bills presented and certified by said Referee to be correct, duplicate copies
of which shall be annexed to the report of sale;
FOURTH: The Referee shall then to the Plaintiff or its attorney the
pay
following:
Amount Due per Referee's Report: $1,828,622.53 with interest at the note
rate from February 15, 2019, together with any advances together with any
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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, alltogether 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: $ adjudged to the
Plaintiff for costs and disbursements in this action, with interest at the statutory
judgment rate from the date of entry of thisjudgment;
Additional Allowance: $ is hereby awarded to the
Plaintiff in addition to costs, with interest at the statutory judgment rate from the
date of entry of this judgment, pursuant to CPLR Article 83;
Attorney Fees: $ is hereby awarded to the
Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the
date of entry of this judgment;
FIFTH: Surplus monies arising from the sale shall be paid into court by
the ofñcer 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 itis further
ORDERED, ADJUDGED AND DECREED that ifthe 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 migned to and be acquired by the Plaintiff, and a valid assignment
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thereof is filed with said Referee, said Referee shall not require the Plaintiff to pay in cash the
entire amount bid at said 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
"First" "Third"
marked , "Second", and above; that the Referee shall allow the Plaintiff to pay
"Second" "Third"
the amounts specified in and above when it is recording the deed; that the
balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the
"Fourth"
amount due Plaintiff as specified in paragraph above; that if there is a surplus after
applying the balance of the bid, the Plaintiff shall pay that amount to the Referee, who shall
"Fifth"
deposit itin accordance with paragraph above; and itis further
ORDERED, ADJUDGED AND DECREED that all expenses of reevrding 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 itis further
ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in
"First," "Third" "Fourth"
accordance with paragraphs "Second, and above are insufficient to pay
"Fourth"
Plaintiff the Amount Due per the Referee's Report as set forth in paragraph above,
Plaintiff may seek to recover a deficiency judgment against JOSEPH R. BALDI, JR. in
accordance with RPAPL §1371 ifpermitted by law; and it isfurther
ORDERED, ADJUDGED, AND DECREED that the mortgaged property is to be sold in
is"
one parcel in "as physical order and condition, subject to any state of facts that an inspection
of the property would disclose; any state of facts that an accurate survey of the property would
show; any covenants, restrictions, declarations, reservations, easements right of way, and public
utility agreements of record, if any; any building and zoning ordinances of the municipality in
16-025816 - KiS
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; and any rights pursuant to CPLR §317, §2003
and §5015 or any appeal of the underlying action or additional litigation brought by any
defendant or its successor or assignee contesting the validity of this foreclosure; and it isfurther
ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of
the property on production of the Referee's Deed or upon personal service of the Referee's deed
in accordance with CPLR §308; and itis further
ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all
persons claiming through them and any person obtaining an interest in the property after the
filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and
interest in the property after the sale of the mortgaged property; and itis further
ORDERED, ADJUDGED AND DECREED that within thirty days after completing the
sale and executing the proper conveyance to the purchaser, unless the time is extended by the
court, the officer making the sale shall filewith 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 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 the Plaintiff's attorneys shall elect to make such
application; and it isfurther
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ORDERED ADJUDGED AND DECREED that "JOHN DOE AND JANE DOE #1
#7"
through be removed as party defendants in this action as no tenants reside at the property and
#7"
amending the caption to reflect the removal of "JOHN DOE AND JANE DOE #1 through
as party defendants; and it isfurther
ORDERED ADJUDGED AND DECREED that the caption shall read as follows:
-------------------------------- ----------------X
U.S. BANK NA AS TRUSTEE FOR THE CHASE
MORTGAGE FINANCE CORPORATION MULTI-
CLASS MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-S1,
Plaintiff,
v.
JOSEPH R. BALDI, JR. A/K/A JOSEPH R. BALDI
A/K/A JOSEPH BALDI, BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER,
AMERICAN EXPRESS CENTURION BANK,
PRIDE ACQUISITIONS LLC; MIDLAND
FUNDING LLC,
Defendants.
--------------------------------------------- And itis further
X;
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 ñamed
in this action, and any other parties or persons entitled to service, including the Referee
appointed herein; and it isfurther
ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to
relieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and
maintain the property until such time as ownership of the property has been transferred and the
deed duly recorded; and itis further
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ORDERED, ADJUDGED AND DECREED that when the Referee files a report of sale,
he or she shall concurrently file a Foreclosure Actions Surplus Monies Form; and itis further
ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff
shall file a written report with the court within six months from the date of entry of thisjudgment
stating whether the sale has occurred and the outcome thereof.
Said property is commonly known as 3 Cattle Walk, East Hampton, NY 11937.
The legal description of the mortgaged property referred to herein is annexed hereto as
Schedule "A".
DATED: ENTER:
J.S.C.
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SCHEDULE A
LEGAL DESCRIPTION
All that certain plot, piece or parcel of land,situate,lying and being in the Town of East Hampton,
County of Suffolk and Stateof New York, being known and designated as Lot No. 2 on a certain map
Hills"
endt!~1, "Map of Cattle Walk which map was filed in theOffice of the Clerk of the of
County
Suffolk on May 20, 1981 as Map No. 6982, said lotis bounded and described as fellows;
BEGINNING at a pointon the easterly side ofCattle Walk, said pointbeing a distance of310,01 feet
measured in a southerly direction along the easterlyside of Cattle Walk from the extreme southerly
end of an arc of a curve connecting the southerly side of Old Northwest Road with the easterlyside of
Cattle Walk;
RUNNING THENCE South 61 degrees 12 minutes 50 seconds EAST, 419.29 feetto a point;
thence SOUTH 28 degrees 47 minutes 10 seconds WEST, 187.00 feet toa point;
thence NORTH 67 degrees 18 ininatas-24 seconds WEST, 397,07 feetto a point on Cattle Walk;
thence NORTH 22 degrees 41 mimme 36 seconds EAST along said Walk, 230.45 feet tothe point or
place of BEGINNING.
Index No.: 068274/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
U.S. BANK NA AS TRUSTEE FOR THE CHASE MORTGAGE FINANCE
CORPORATION MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2006-S1,
PLAINTIFF,
vs.
JOSEPH R. BALDI, JR. A/K/A JOSEPH R. BALDI A/K/A JOSEPH BALDI,
BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, AMERICAN EXPRESS
CENTURION BANK, PRIDE ACQUISITIONS LLC; MIDLAND FUNDING LLC,
and JOHN DOE AND JANE DOE #1 through #7, the last seven (7) names being fictitious
and unknown to plaintiff, the persons or parties intended being the tenants, occupants,
persons or parties, if any, having or claiming an interest in or lien upon the mortgaged
premises described in the Complaint,
DEFENDANTS.
ORDER CONFIRMING REFEREE REPORT AND
JUDGMENT OF FORECLOSURE AND SALE
RAS Boriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
Facsimile: 516-280-7674
16-025816 - KiS
Preview
At Part _____ of the Supreme Court of the State of New York, held in and for the County of SUFFOLK at the Courthouse thereof, 1 COURT STREET, RIVERHEAD, NY 11901, on the day of , 2019. P R E S E N T: Honorable Joseph A. Santorelli, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------X U.S. BANK NA AS TRUSTEE FOR THE CHASE INDEX NO.: 068274/2014 MORTGAGE FINANCE CORPORATION MULTI-CLASS MORTGAGE PASS-THROUGH ORDER CONFIRMING REFEREE CERTIFICATES SERIES 2006-S1, REPORT AND OF JUDGMENT FORECLOSURE AND SALE Plaintiff, MORTGAGED PROPERTY: vs' 3 CATTLE WALK EAST HAMPTON, NY 11937 JOSEPH R. BALDI, JR. A/K/A JOSEPH R. BALDI A/K/A/ JOSEPH BALDI; COUNTY: SUFFOLK BROOKHAVEN MEMORIAL HOSPITAL CENTER ; AMERICAN EXPRESS CENTURION SBL#: District 0300 Section 090 00 BANK ; PRIDE ACQUISITIONS LLC Block 04.00, Lot 009.002 MIDLAND FUNDING LLC, Defendant(s). -----------------------------------X UPON reading the Summons, Contplaint and Notice of Pendency filed in this action on October 7, 2014, the Notice of Pendency filed on February 19, 2018, the Notice of Motion dated April 3, 2019, the affirmation of Jennifer A. Novembre, Esq. and the exhibits annexed thereto, and upon the affidavit of merit and amount due by Diego Guzman who is Document Control Officer of Select Portfolio Servicing, Inc., duly sworn to on February 13, 2019; together with the exhibits attached thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and 16-025816 - KiS UPON proof that each of the Defendants herein have been duly served with the Summons and Complaint in this action, and have not served any answer to the Complaint or otherwise appeared, nor had their time to so do extended; and it appearing that more than the legally required number of days had elapsed since said Defendants JOSEPH R. BALDI, JR. A/K/A JOSEPH R. BALDI A/K/A JOSEPH BALDI, BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, AMERICAN EXPRESS CENTURION BANK, PRIDE ACQUISITIONS LLC and MIDLAND FUNDING LLC were so served and/or appeared; and Plaintiff having established to the court's satisfaction that judgment against the defendants is warranted; UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants JOSEPH R. BALDI, JR. A/K/A JOSEPH R. BALDI A/K/A JOSEPH BALDI, BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, AMERICAN EXPRESS CENTURION BANK, PRIDE ACQUISITIONS LLC and MIDLAND FUNDING LLC are not absent, in accordance with RPAPL §1321(2); A Referee having been appointed to compute the amount due to the Plaintiff upon the bond/note and mortgage set forth in the Complaint, and to examine whether the mortgaged property can be sold in parcels; and UPON reading and filing the Report of Gabrielle Weglein, Esq. dated March 14, 2019, showing the sum of $1,828,622.53 due as of the date of said Report and that the mortgaged property cannot be sold in parcels; and UPON proof of due notice of this application upon all parties entitled to receive same, and upon all of the prior proceedings and papers filed herein; NOW, on motion by Jennifer A. Novembre, Esq., attorney for the Plaintiff; it ishereby 16-025816 - KiS ORDERED, ADJUDGED AND DECREED that the motion is granted; without opposition and itis further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is,hereby in all respects ratified and confirmed; and itis further ORDERED, ADJUDGED AND DECREED that the mortgaged property described in the Complaint in this action and as hereafter described, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be sold, within 90 days from the date of this Judgment, in one parcel, at public auction at the by and under the direction of Gabrielle Weglein, Esq. who is hereby appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL §231 in ....... . . ; and it is 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), 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, 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 16-025816 - KiS ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff, its successors and/or assignees, or itsrepresentative is present at the sale or the Referee has received a written bid and Terms of Sale from Phintiff its successors and/or assigns, or its representative; and itis further ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale within 90 days of the date of the judgreent, in accordance with CPLR 2004, the time fixed by RPAPL §l35 l(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and it isfurther ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Phintiff's attorney, just as though Plaintiff were physically present to submit said bid; and itis 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, by certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is the Plaintiff in which case no deposit against the purchase price shall be required; and 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 the ten percent (10%) deposit as required, the property shall immediately and on the same day be reoffered at auction; and itis further 16-025816 - KiS ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment and proceeds of sale, as necessary, in in his/her own name as Referee, in accordance with CPLR 2609; and itis further ORDERED, ADJUDGED AND DECREED that after the property is sold the Referee shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale, which shall be deemed a binding contract; and itis further ORDERED, ADJUDGED AND DECREED that in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of titleshall be had thirty (30) days after the date of such sale unless otherwise stipulated by allparties to the sale; and itis further ORDERED, ADJUDGED, AND DECREED that if the Plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy: (a) within one hundred eighty (180) days of the execution of the deed of sale, or (b) within ninety (90) days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes first, provided however, a court of competent jurisdiction may grant an extension for good cause; and 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, all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of sale, with such interest or penalties which may have lawfully accrued thereon to the date of payment; and itis further 16-025816 - KiS ORDERED, ADJUDGED, AND DECREED, that the Referee then deposit the balance of said proceeds of sale in her/his own name as Referee in ____ , and shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR 8003(b), not to exceed $500.00 unless the property sells for $50,000.00 or more -OR- in the event a sale was cancelled or Plaintiff postponed, shall compensate the Referee in the sum of $ for each adjournment or cancellation, unless the Referee caused the delay; SECOND: All taxes, assessments and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not apparently become absolute, and any other amounts due in accordance with RPAPL §l354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale. The Referee shall not be held responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; THIRD: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; FOURTH: The Referee shall then to the Plaintiff or its attorney the pay following: Amount Due per Referee's Report: $1,828,622.53 with interest at the note rate from February 15, 2019, together with any advances together with any 16-025816 - KiS 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, alltogether 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: $ adjudged to the Plaintiff for costs and disbursements in this action, with interest at the statutory judgment rate from the date of entry of thisjudgment; Additional Allowance: $ is hereby awarded to the Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $ is hereby awarded to the Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; FIFTH: Surplus monies arising from the sale shall be paid into court by the ofñcer 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 itis further ORDERED, ADJUDGED AND DECREED that ifthe 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 migned to and be acquired by the Plaintiff, and a valid assignment 16-025816 - KiS thereof is filed with said Referee, said Referee shall not require the Plaintiff to pay in cash the entire amount bid at said 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 "First" "Third" marked , "Second", and above; that the Referee shall allow the Plaintiff to pay "Second" "Third" the amounts specified in and above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the "Fourth" amount due Plaintiff as specified in paragraph above; that if there is a surplus after applying the balance of the bid, the Plaintiff shall pay that amount to the Referee, who shall "Fifth" deposit itin accordance with paragraph above; and itis further ORDERED, ADJUDGED AND DECREED that all expenses of reevrding 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 itis further ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in "First," "Third" "Fourth" accordance with paragraphs "Second, and above are insufficient to pay "Fourth" Plaintiff the Amount Due per the Referee's Report as set forth in paragraph above, Plaintiff may seek to recover a deficiency judgment against JOSEPH R. BALDI, JR. in accordance with RPAPL §1371 ifpermitted by law; and it isfurther ORDERED, ADJUDGED, AND DECREED that the mortgaged property is to be sold in is" one parcel in "as physical order and condition, subject to any state of facts that an inspection of the property would disclose; any state of facts that an accurate survey of the property would show; any covenants, restrictions, declarations, reservations, easements right of way, and public utility agreements of record, if any; any building and zoning ordinances of the municipality in 16-025816 - KiS 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; and any rights pursuant to CPLR §317, §2003 and §5015 or any appeal of the underlying action or additional litigation brought by any defendant or its successor or assignee contesting the validity of this foreclosure; and it isfurther ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of the property on production of the Referee's Deed or upon personal service of the Referee's deed in accordance with CPLR §308; and itis further ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all persons claiming through them and any person obtaining an interest in the property after the filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and interest in the property after the sale of the mortgaged property; and itis further ORDERED, ADJUDGED AND DECREED that within thirty days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer making the sale shall filewith 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 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 the Plaintiff's attorneys shall elect to make such application; and it isfurther 16-025816 - KiS ORDERED ADJUDGED AND DECREED that "JOHN DOE AND JANE DOE #1 #7" through be removed as party defendants in this action as no tenants reside at the property and #7" amending the caption to reflect the removal of "JOHN DOE AND JANE DOE #1 through as party defendants; and it isfurther ORDERED ADJUDGED AND DECREED that the caption shall read as follows: -------------------------------- ----------------X U.S. BANK NA AS TRUSTEE FOR THE CHASE MORTGAGE FINANCE CORPORATION MULTI- CLASS MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-S1, Plaintiff, v. JOSEPH R. BALDI, JR. A/K/A JOSEPH R. BALDI A/K/A JOSEPH BALDI, BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, AMERICAN EXPRESS CENTURION BANK, PRIDE ACQUISITIONS LLC; MIDLAND FUNDING LLC, Defendants. --------------------------------------------- And itis further X; 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 ñamed in this action, and any other parties or persons entitled to service, including the Referee appointed herein; and it isfurther ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and maintain the property until such time as ownership of the property has been transferred and the deed duly recorded; and itis further 16-025816 - KiS ORDERED, ADJUDGED AND DECREED that when the Referee files a report of sale, he or she shall concurrently file a Foreclosure Actions Surplus Monies Form; and itis further ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall file a written report with the court within six months from the date of entry of thisjudgment stating whether the sale has occurred and the outcome thereof. Said property is commonly known as 3 Cattle Walk, East Hampton, NY 11937. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule "A". DATED: ENTER: J.S.C. 16-025816 - KiS SCHEDULE A LEGAL DESCRIPTION All that certain plot, piece or parcel of land,situate,lying and being in the Town of East Hampton, County of Suffolk and Stateof New York, being known and designated as Lot No. 2 on a certain map Hills" endt!~1, "Map of Cattle Walk which map was filed in theOffice of the Clerk of the of County Suffolk on May 20, 1981 as Map No. 6982, said lotis bounded and described as fellows; BEGINNING at a pointon the easterly side ofCattle Walk, said pointbeing a distance of310,01 feet measured in a southerly direction along the easterlyside of Cattle Walk from the extreme southerly end of an arc of a curve connecting the southerly side of Old Northwest Road with the easterlyside of Cattle Walk; RUNNING THENCE South 61 degrees 12 minutes 50 seconds EAST, 419.29 feetto a point; thence SOUTH 28 degrees 47 minutes 10 seconds WEST, 187.00 feet toa point; thence NORTH 67 degrees 18 ininatas-24 seconds WEST, 397,07 feetto a point on Cattle Walk; thence NORTH 22 degrees 41 mimme 36 seconds EAST along said Walk, 230.45 feet tothe point or place of BEGINNING. Index No.: 068274/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK U.S. BANK NA AS TRUSTEE FOR THE CHASE MORTGAGE FINANCE CORPORATION MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-S1, PLAINTIFF, vs. JOSEPH R. BALDI, JR. A/K/A JOSEPH R. BALDI A/K/A JOSEPH BALDI, BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, AMERICAN EXPRESS CENTURION BANK, PRIDE ACQUISITIONS LLC; MIDLAND FUNDING LLC, and JOHN DOE AND JANE DOE #1 through #7, the last seven (7) names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, DEFENDANTS. ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF FORECLOSURE AND SALE RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 Facsimile: 516-280-7674 16-025816 - KiS