Preview
At Part __ of the Supreme Court of the
State of New York, held in and for the
County of ERIE at the Courthouse thereof,
25 Delaware Avenue Buffalo, NY 14202, on
the day of , 2019.
P R E S E N T: Honorable J.S.C.
JUSTICE OF THE SUPREME COURT
COUNTY OF ERIE
-------------------------------------------------X
DITECH FINANCIAL LLC, INDEX NO.: 805765/2018
Plaintiff(s),
DEFAULT JUDGMENT, ORDER
v. OFREFERENCE,AND
JUDGMENT OF FORECLOSURE
AND SALE
BARBARA BOSER A/K/A BARBARA MORTGAGED PROPERTY:
KOZHUHAROV; MIDLAND FUNDING LLC 6918 WELLINGTON DRIVE
DBA IN NY AS MIDLAND FUNDING OF DERBY, NY 14047
DELAWARE, LLC;
COUNTY: ERIE
#1" #12,"
"JOHN DOE through "JOHN DOE the SBL#: Section 206,08, Block 3,
last twelve names being fictitious and unknown Lot 11.1
to plaintiff, the persons or parties intended being
the tenants, occupants, persons or corporations,
if any, having or claiming an interest in or lien
upon the premises described in the Complaint,
Defendant(s).
____ _________________________---------------X
UPON reading the Summons, Complaint and Notice of Pendency filed in this action on
April 1 1, 2018, the Notice of Motion dated , the affirmation of
JADWIGA SZAJNER, ESQ. and the exhibits annexed thereto, and upon the affidavit by
KENNETH DEWAYNE CAST, JR. who is Document Execution Representative of Plaintiff
DITECH FINANCIAL LLC FKA GFREEN TREE SERVICING LLC, duly sworn to on
December 21, 2018; together with the exhibits attached thereto, and all prior papers filed in this
action; and
IIII IlililillillIIIlll
IllIlllIlill!ll Illlllll 11111111
lilhlililllllillilliiilliiiiiiill
lilil IIllllliiä|E‡ill
18-127709 -JoM
UPON proof this action was brought to foreclose a mortgage on real property located at
6918 WELLINGTON DRIVE, DERBY NY 14047, in the County of ERIE, State of New York
Section 206.08, Block 3, Lot 11.1.
UPON proof that each of the Defendants herein have been duly served with the Summons
and Complaint in this action, and have n t 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 BARBARA BOSER A/K/A
BARBARA KOZHUHAROV and MIDLAND FUNDING LLC DBA IN NY AS MIDLAND
FUNDING OF DELAWARE, LLC, were so served and/or appeared; and Plaintiff having
established to the court's satisfaction that judgment against the defendants is warranted; and
UPON proof that non-appearing defendants BARBARA BOSER A/K/A BARBARA
KOZHUHAROV and MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF
DELAWARE, LLC, are not absent, in accordance with RPAPL §1321(2);
UPON proof of notice of this motion to all parties and persons entitled thereto;
NOW, on motion by JADWIGA SZAJNER, ESQ., attorney for the Plaintiff, itis hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and itis further
ORDERED, ADJUDGED AND DECREED that the default of all non-appearing
defendants 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 December 21, 2018, the sum of $80,726.68 is awarded
to the Plaintiff as of December 19, 2018; 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
18-127709 - JoM
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 and
by
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
; and it isfurther
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
FIRST: The statutory fees of the Referee 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 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
18-127709 - JoM
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 after
accruing
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 pay to the Plaintiff or its attorney the
following:
Judgment Amount: $80,726.68 with interest at the note rate from
December 19, 2018, 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: $ adjudged to the
Plaintiff for costs and disbursements in this action, with interest at the statutory
judgment rate from the date of entry of this judgment;
18-127709 - JoM
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 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 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 the Plaintiff, and a valid assignment
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 itsassignee, a deed
or deeds of the property sold upon the payment to said Referee of the amounts specified in items
"Third"
marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the
"Second" "Third"
amounts in paragraph 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 ifthere 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.
ORDERF,D, ADJUDGED AND DECREED that all expenses of recording the Referee's
18-127709 - JoM
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 R.eferee from sale proceeds; that transfer tax
any
shall be paid in accordance with Tax Law §1404; and itis 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 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
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 or record, if any, except those liens
addressed in RPAPL §l354; any equity of redemption of the United State 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; and it isfurther
ORDERED, ADJUDGED AND DECREED that the Defendants in this action, 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 file with the County Clerk a report under oath of the
18-127709 - JoM
disposition of the proceeds of the sale in accordance with RPAPL §l 355(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 itis further
#1"
ORDERED, ADJUDGED and DECREED that Defendants "John Doe through "John
#12"
Doe be removed as Defendants and the caption be further amended to reflect the
Party
#1" #12"
removal of Defendants "John Doe through "John Doe as follows:
----------- ---------------------------------------------X
DITECH FINANCIAL LLC, INDEX NO.: 805765/2018
Plaintiff(s).
v.
BARBARA BOSER A/K/A BARBARA
KOZHUHAROV; MIDLAND FUNDING LLC DBA IN
NY AS MIDLAND FUNDING OF DELAWARE, LLC,
Defendant(s).
-- ------------------------------------------------X
And itis further
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 redemption, any tenants
named in this action, and any other parties or persons entitled to service, including the Referee
appointed herein;
18-127709 - JoM
Said property is commonly known as 6918 WELLINGTON DRIVE, DERBY NY 14047.
The legal description of the mortgaged property referred to herein is annexed hereto as
Schedule A.
DATED: ENTER:
J.S.C
18-127709 - JoM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
SCHEDULE A - LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF EVANS, COUNTY OF
ERIE AND STATE OF NEW YORK, BEING PART OF LOT NUMBER FIFTY-ONE (51),
TOWNSHIP NINE (9),RANGE NINE (9) OF THE HOLLAND LAND COMPANY'S SURVEY AND
FURTHER DISTINGUISHED AS SUBDIVISION LOT NUMBER NINE HUNDRED FORTY-FIVE
(945) AS SHOWN ON MAP FILED ERIE COUNTY CLERK'S OFFICE UNDER COVER NUMBER
1180.
ALSO, ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF EVANS,
COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NUMBER FIFTY-ONE
(51), TOWNSHIP NINE (9),RANGE NINE (9) OF THE HOLLAND LAND COMPANY'S SURVEY
AND FURTHER DISTINGUISHED AS SUBDIVISION LOT NUMBER NINE HUNDRED FORTY-
SIX (946) AND NINE HUNDRED FORTY-SEVEN (947) AS SHOWN ON MAP FILED ERIE
COUNTY CLERK'S OFFICE UNDER COVER NUMBER 1180.
EVANS,-
ALSO, ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF
COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NUMBER FIFTY-ONE
(51),TOWNSHIP NINE (9),RANGE NINE (9) OF THE HOLLAND LAND COMPANY'S SURVEY
AND FURTHER DISTINGUISHED AS SUBDIVISION LOT NOS. NINE HUNDRED FORTY-ElGHT
(948), NINE HUNDRED FORTY-NINE (949) AND THE NORTHERLY TWENTY (20) FEET OF
SUBDIVISION LOT NO. NINE HUNDRED FORTY FIFTY (950) AS SHOWN ON MAP FILED ERIE
COUNTY CLERK'S OFFICE UNDER COVER NUMBER 1180.
.
18-127709 - StG Drafter:Stephanie Graham
Index No.: 805765/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
DITECH FINANCIAL LLC,
PLAINTIFF,
- AGAINST -
BARBARA BOSER A/K/A BARBARA KOZHUHAROV; MIDLAND
FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF
DELAWARE, LLC;
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve names being
fictitious and unknown to plaintiff, the persons or parties intended being
the tenants, occupants, persons or corporations, if any, having or claiming
an interest in or lien upon the premises described in the Complaint,
DEFENDANTS.
DEFAULT JUDGMENT, ORDER OF REFERENCE, 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
==========================================
18-127709 - JoM
Preview
At Part __ of the Supreme Court of the State of New York, held in and for the County of ERIE at the Courthouse thereof, 25 Delaware Avenue Buffalo, NY 14202, on the day of , 2019. P R E S E N T: Honorable J.S.C. JUSTICE OF THE SUPREME COURT COUNTY OF ERIE -------------------------------------------------X DITECH FINANCIAL LLC, INDEX NO.: 805765/2018 Plaintiff(s), DEFAULT JUDGMENT, ORDER v. OFREFERENCE,AND JUDGMENT OF FORECLOSURE AND SALE BARBARA BOSER A/K/A BARBARA MORTGAGED PROPERTY: KOZHUHAROV; MIDLAND FUNDING LLC 6918 WELLINGTON DRIVE DBA IN NY AS MIDLAND FUNDING OF DERBY, NY 14047 DELAWARE, LLC; COUNTY: ERIE #1" #12," "JOHN DOE through "JOHN DOE the SBL#: Section 206,08, Block 3, last twelve names being fictitious and unknown Lot 11.1 to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the Complaint, Defendant(s). ____ _________________________---------------X UPON reading the Summons, Complaint and Notice of Pendency filed in this action on April 1 1, 2018, the Notice of Motion dated , the affirmation of JADWIGA SZAJNER, ESQ. and the exhibits annexed thereto, and upon the affidavit by KENNETH DEWAYNE CAST, JR. who is Document Execution Representative of Plaintiff DITECH FINANCIAL LLC FKA GFREEN TREE SERVICING LLC, duly sworn to on December 21, 2018; together with the exhibits attached thereto, and all prior papers filed in this action; and IIII IlililillillIIIlll IllIlllIlill!ll Illlllll 11111111 lilhlililllllillilliiilliiiiiiill lilil IIllllliiä|E‡ill 18-127709 -JoM UPON proof this action was brought to foreclose a mortgage on real property located at 6918 WELLINGTON DRIVE, DERBY NY 14047, in the County of ERIE, State of New York Section 206.08, Block 3, Lot 11.1. UPON proof that each of the Defendants herein have been duly served with the Summons and Complaint in this action, and have n t 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 BARBARA BOSER A/K/A BARBARA KOZHUHAROV and MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF DELAWARE, LLC, were so served and/or appeared; and Plaintiff having established to the court's satisfaction that judgment against the defendants is warranted; and UPON proof that non-appearing defendants BARBARA BOSER A/K/A BARBARA KOZHUHAROV and MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF DELAWARE, LLC, are not absent, in accordance with RPAPL §1321(2); UPON proof of notice of this motion to all parties and persons entitled thereto; NOW, on motion by JADWIGA SZAJNER, ESQ., attorney for the Plaintiff, itis hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and itis further ORDERED, ADJUDGED AND DECREED that the default of all non-appearing defendants 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 December 21, 2018, the sum of $80,726.68 is awarded to the Plaintiff as of December 19, 2018; 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 18-127709 - JoM 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 and by 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 ; and it isfurther 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 FIRST: The statutory fees of the Referee 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 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 18-127709 - JoM 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 after accruing 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 pay to the Plaintiff or its attorney the following: Judgment Amount: $80,726.68 with interest at the note rate from December 19, 2018, 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: $ adjudged to the Plaintiff for costs and disbursements in this action, with interest at the statutory judgment rate from the date of entry of this judgment; 18-127709 - JoM 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 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 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 the Plaintiff, and a valid assignment 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 itsassignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items "Third" marked "First", "Second", and above; that the Referee shall allow the Plaintiff to pay the "Second" "Third" amounts in paragraph 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 ifthere 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. ORDERF,D, ADJUDGED AND DECREED that all expenses of recording the Referee's 18-127709 - JoM 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 R.eferee from sale proceeds; that transfer tax any shall be paid in accordance with Tax Law §1404; and itis 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 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 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 or record, if any, except those liens addressed in RPAPL §l354; any equity of redemption of the United State 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; and it isfurther ORDERED, ADJUDGED AND DECREED that the Defendants in this action, 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 file with the County Clerk a report under oath of the 18-127709 - JoM disposition of the proceeds of the sale in accordance with RPAPL §l 355(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 itis further #1" ORDERED, ADJUDGED and DECREED that Defendants "John Doe through "John #12" Doe be removed as Defendants and the caption be further amended to reflect the Party #1" #12" removal of Defendants "John Doe through "John Doe as follows: ----------- ---------------------------------------------X DITECH FINANCIAL LLC, INDEX NO.: 805765/2018 Plaintiff(s). v. BARBARA BOSER A/K/A BARBARA KOZHUHAROV; MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF DELAWARE, LLC, Defendant(s). -- ------------------------------------------------X And itis further 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 redemption, any tenants named in this action, and any other parties or persons entitled to service, including the Referee appointed herein; 18-127709 - JoM Said property is commonly known as 6918 WELLINGTON DRIVE, DERBY NY 14047. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A. DATED: ENTER: J.S.C 18-127709 - JoM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 SCHEDULE A - LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF EVANS, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NUMBER FIFTY-ONE (51), TOWNSHIP NINE (9),RANGE NINE (9) OF THE HOLLAND LAND COMPANY'S SURVEY AND FURTHER DISTINGUISHED AS SUBDIVISION LOT NUMBER NINE HUNDRED FORTY-FIVE (945) AS SHOWN ON MAP FILED ERIE COUNTY CLERK'S OFFICE UNDER COVER NUMBER 1180. ALSO, ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF EVANS, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NUMBER FIFTY-ONE (51), TOWNSHIP NINE (9),RANGE NINE (9) OF THE HOLLAND LAND COMPANY'S SURVEY AND FURTHER DISTINGUISHED AS SUBDIVISION LOT NUMBER NINE HUNDRED FORTY- SIX (946) AND NINE HUNDRED FORTY-SEVEN (947) AS SHOWN ON MAP FILED ERIE COUNTY CLERK'S OFFICE UNDER COVER NUMBER 1180. EVANS,- ALSO, ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NUMBER FIFTY-ONE (51),TOWNSHIP NINE (9),RANGE NINE (9) OF THE HOLLAND LAND COMPANY'S SURVEY AND FURTHER DISTINGUISHED AS SUBDIVISION LOT NOS. NINE HUNDRED FORTY-ElGHT (948), NINE HUNDRED FORTY-NINE (949) AND THE NORTHERLY TWENTY (20) FEET OF SUBDIVISION LOT NO. NINE HUNDRED FORTY FIFTY (950) AS SHOWN ON MAP FILED ERIE COUNTY CLERK'S OFFICE UNDER COVER NUMBER 1180. . 18-127709 - StG Drafter:Stephanie Graham Index No.: 805765/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE DITECH FINANCIAL LLC, PLAINTIFF, - AGAINST - BARBARA BOSER A/K/A BARBARA KOZHUHAROV; MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF DELAWARE, LLC; #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the Complaint, DEFENDANTS. DEFAULT JUDGMENT, ORDER OF REFERENCE, 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 ========================================== 18-127709 - JoM