`HON. LARRY D. MARTIN, J.S.C.
`---------------------------------------------------------------------X
`U.S. BANK TRUST NATIONAL ASSOCIATION AS
`
`TRUSTEE OF THE CABANA SERIES III TRUST,
`
`At the Supreme Court of the State of New
`York held in and for the County of Kings, at
`the Courthouse thereof, at 360 Adams
`Street, Brooklyn, NY 11201, on the _____
`day of __________________, 20___.
`
`Index No. 526644/2023
`
`
`JUDGMENT OF FORECLOSURE
`AND SALE
`
`
`Mortgaged Premises
`719 Ashford Street
`Brooklyn, NY 11207
`
`Block: 4312
`Lot: 50
`
`Mortgage Servicer: SN Servicing
`Corporation
`Mortgage Servicer Phone #: (800) 603-
`0836
`
`
`Plaintiff
`
`-against-
`
`
`JERRY PHILLIPS; JPMORGAN CHASE BANK,
`N.A.; MANTIS FUNDING LLC; THE CITY OF NEW
`YORK DEPARTMENT OF SOCIAL SERVICES,
`
`
`Defendants
`
`---------------------------------------------------------------------X
`ON the Summons, Verified Complaint and Notice of Pendency duly filed in the Kings County
`
`Clerk’s Office on September 13, 2023, and all proceedings thereon; and on reading and filing the Notice
`
`of Motion dated July 3, 2024, Affirmation of Regularity of Juliana Thibaut, Esq. dated July 3, 2024, with
`
`exhibits annexed thereto, showing that all of the Defendant(s) herein have been duly served within this
`
`State with a copy of the Summons in this action, or have voluntarily appeared pro se or by their respective
`
`attorneys, or after due diligent efforts to effectuate service having been unsuccessful and a determination
`
`made that such service upon certain Defendant(s) cannot be effected; and on proof of service upon and
`
`appearance, if any, by the Defendant(s) herein heretofore filed in this action; and stating that more than
`
`the legally required number of days have elapsed since said Defendant(s) were so served; and that all
`
`Defendant(s) herein have defaulted in pleading by failing to serve an answer to said Complaint except
`
`Jerry Phillips, nor has their time to do so been extended; and
`
`

`

`ON the Order of Reference granted April 15, 2024 and entered in the Kings County Clerk’s Office
`
`on May 7, 2024, appointing Jack Segal, Esq. as Referee in this action to ascertain and compute the amount
`
`due Plaintiff for principal, interest and advances made pursuant to the Note and Mortgage, and to examine
`
`the Plaintiff or its agent on oath as to allegations of the complaint, and to examine and report whether the
`
`Mortgaged Premises should be sold in one or more parcels;
`
`AND on reading and filing the oath and report of the aforesaid Referee sworn to and dated June
`
`14, 2024, it appears that the sum of $173,386.40 was due the Plaintiff for principal, interest and advances
`
`made pursuant to the Note and Mortgage, as of June 14, 2024, plus interest for every day thereafter, on
`
`the date of said Report and that the Mortgaged Premises should be sold in one parcel;
`
`AND this Court having initiated and held status conference(s) in accordance with the provisions
`
`of Administrative Order 157/20 prior to the issuance of this Order,
`
`NOW, on motion of Friedman Vartolo LLP, the attorneys for the Plaintiff, it is:
`
`ORDERED, that the instant motion is granted; and it is further
`
`ORDERED, ADJUDGED AND DECREED that the report of Jack Segal, Esq. dated June 14,
`
`2024 and filed with the Kings County Clerk’s Office on July 2, 2024, be, and the same is hereby, in all
`
`respects, ratified and confirmed; and it is further
`
`ORDERED, ADJUDGED AND DECREED that by accepting this appointment the Referee
`
`certifies that they are in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36),
`
`including, but not limited to, section 36.2(c) (“Disqualification from appointment”), and section 36.2(d)
`
`(“Limitations on appointments based upon compensation”); and it is further
`
`ORDERED, ADJUDGED AND DECREED that the Mortgaged Premises 719 Ashford Street,
`
`Brooklyn, NY 11207; a description of said Mortgaged Premises is annexed hereto and made a part hereof
`
`as Schedule A (hereinafter “Mortgaged Premises”) as further described in the complaint in this action, or
`
`such part thereof as may be sufficient to discharge the mortgage debt under the Note and Mortgage, the
`
`expenses of the sale and the costs of this action as provided by the Real Property Actions Proceeding
`
`

`

`Law
`
`be
`
`sold,
`
`in
`
`one
`
`parcel,
`
`at
`
`public
`
`auction
`
`at_________________________________________________________________________________
`
`_________________________________________________________________________
`
`by
`
`and
`
`under the direction of Jack Segal, Esq., who is hereby appointed Referee for that purpose; that said
`
`Referee give public notice of the time and place of such sale in accordance with the law, practice of this
`
`Court, RPAPL §231, and the Kings Supreme Civil COVID-19 Policies concerning Public Auctions of
`
`foreclosed properties annexed hereto, in ____________________________________ and that the
`
`Plaintiff or any other party to this action may become the purchaser at such sale; that in case the Plaintiff
`
`or its assignee shall become the purchaser at the said sale, they shall not be required to make any deposit
`
`thereon; that said Referee execute to the purchaser or purchasers on such sale a deed of the premises sold;
`
`that in the event a party other than the Plaintiff or its assignee becomes the purchaser or purchasers at
`
`such sale they shall be required to tender a deposit of 10% of the purchase price in certified funds and
`
`the closing of title shall be had thirty days after such sale unless otherwise stipulated by all parties to the
`
`sale and if such closing is required, and the Referee seeks and is awarded additional fees for said closing,
`
`those fees shall be paid by purchaser; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that Plaintiff may assign its interests and rights
`
`under the instant Judgment to a third party of its choosing by filing an Assignment of Cause of Action
`
`with the County Clerk and providing a copy to the Referee appointed within the instant order; and it is
`
`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 extended for the Referee to conduct the sale as soon as reasonably practicable; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that said Referee on receiving the proceeds of the
`
`sale, shall forthwith pay therefrom, in accordance with their priority according to law, the taxes,
`
`assessments, sewer rents or water rates which are or may become liens on the premises at the time of sale
`
`

`

`with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is
`
`further,
`
`ORDERED, ADJUDGED AND DECREED, that Plaintiff or any other party that may become
`
`the purchaser or purchasers at such sale shall pay all transfer taxes and recording expenses, any and all
`
`maintenance fees and assessments, taxes, water rates, and any fees associated with the transfer of title
`
`for the Mortgaged Premises accrued from the sale date forward are the obligation of the purchaser, and
`
`that in the event a party, other than Plaintiff, becomes the purchaser or purchasers at such sale, the closing
`
`of title shall be had thirty days after such sale unless otherwise stipulated by all parties to the sale,
`
`including Plaintiff and that failure of the purchaser(s) to close within thirty days may result in forfeiture
`
`of any deposit tendered by purchaser(s), in lieu of closing, and that Plaintiff reserves the right to sell to
`
`the next highest bidder at said sale; that any purchaser, other than Plaintiff, shall pay interest on the
`
`purchase price from the date of sale to the date of delivery of the deed; that in case Plaintiff shall become
`
`the purchaser at the said sale, it shall not be required to make any deposit thereon; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that said Referee then deposit the balance of said
`
`proceeds of sale in his/her own name as Referee in _____________________________, and shall
`
`thereafter make the following payments and his/her checks drawn for that purpose shall be paid by said
`
`depository;
`
`FIRST:
`
`That statutory fees of the Referee pursuant to CPLR §8003(b) which shall not
`
`exceed the sum of $750.00 unless the sale price (the amount of the accepted bid) exceeds
`
`$50,000.00 In the event the sale price exceeds fifty thousand dollars and additional compensation
`
`(including commissions) in excess of $750.00 is sought pursuant to CPLR §8003(b) and if no
`
`surplus monies are produced by the sale, the parties may present a stipulation, signed by the
`
`Referee and all parties appearing, agreeing to a stated sum, to be so-ordered by the Court. Where
`
`surplus monies will be available following the distribution of sums as provided herein, or where
`
`the parties are unable to agree to the Referee’s proper compensation under CPLR §8003(b),
`
`

`

`application shall be made to this Court on notice to all parties known to be entitled to claim
`
`against any surplus monies, including the defaulting owner of equity of redemption. Such
`
`application shall be promptly submitted to the Court within five days of the transfer of deed and
`
`prior to filing the Report of Sale. The five-day period for payment of surplus money into Court
`
`as set forth in RPAPL §1354(4), and the thirty-day period set forth in RPAPL §1355 for the filing
`
`of the Report of Sale shall be deemed extended pending the decision of the Court regarding such
`
`application.
`
`
`
`In the event the scheduled sale is cancelled or postponed, pursuant to CPLR §8003(a),
`
`Plaintiff shall compensate the Referee the sum of $250.00 for each adjournment or cancellation
`
`unless the Referee has requested the delay. Such compensation may be recouped from the
`
`proceeds of sale as a cost to Plaintiff. This order shall constitute the necessary prior authorization
`
`for compensation as set forth herein.
`
`
`
`No compensation in excess of $750.00, including compensation authorized pursuant to
`
`CPLR §8003(a) for computation of the sum due to Plaintiff, may be accepted by the Referee
`
`without Court approval and compliance with the filing provision of Section 36.4 of the Rules of
`
`the Chief Judge.
`
`SECOND: The expenses of sale and the advertising expenses as shown on the bills presented
`
`and certified by said Referee to be correct, copies of which shall be annexed to the Report of Sale
`
`and the NYC Transfer Tax, pursuant to 19 RCNY 23-03(d)(2), if applicable, payable within 30
`
`days of delivery of deed pursuant to 19 RCNY 23-08(a). The Referee shall not be held responsible
`
`for the payment of penalties or fees pursuant to this appointment. Purchaser and any title company
`
`hired by the Purchaser shall be responsible for any penalties or fees incurred as a result of late
`
`payment of the tax as required pursuant to City Administrative Code 19 RCNY 23-08(a) which
`
`requires payment within 30 days. The Purchaser shall hold the Referee harmless from any such
`
`penalties as a result of late payment of these taxes.
`
`

`

` THIRD:
`
`Pursuant to Real Property Actions and Proceedings Law 1354, in accordance with
`
`their priority according to law, taxes, assessments, sewer rents, water rates and any charges placed
`
`upon the property by a city agency which have priority over the foreclosed Mortgage, which are
`
`liens on the premises at the time of sale with such interest or penalties which may have lawfully
`
`accrued thereon the date of payment.
`
`FOURTH: Said Referee shall also pay to the Plaintiff or Plaintiff’s attorney, the sum of
`
`$2,765.21 to be determined by the Clerk and adjudged to the Plaintiff for costs and disbursements
`
`in this action or as taxed by the Clerk on the Costs of Plaintiff and inserted therein, with interest
`
`thereon from the date hereof; and also the sum of $173,386.40, the said amount so reported due
`
`as aforesaid, together with contractual interest thereon from June 14, 2024, the date interest was
`
`calculated to in said report to the date of entry of this Order, and thereafter the statutory post-
`
`judgment date to the date of transfer of title, or so much thereof as the purchase money of the
`
`Mortgaged Premises will pay of the same, together with reasonable attorney’s fees in the sum of
`
`$5,650.00 as provided for in paragraph 22 of the Mortgage, 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 premises pending
`
`consummation of this foreclosure sale, not previously included in the computation, upon
`
`presentation to the Referee of receipts for said expenditures, all together with interest thereon
`
`pursuant to the Note and Mortgage as above provided. Copies of such receipts shall be annexed
`
`to the Referee’s Report of Sale pursuant to RPAPL §1355; and it is further
`
`ORDERED, ADJUDGED AND DECREED that in case the Plaintiff or Plaintiff’s assignee be
`
`purchaser of said Mortgaged Premises at said sale, or in the event that the rights of the purchaser at said
`
`sale and the terms of sale under the judgment shall be assigned to and be acquired by the Plaintiff or
`
`Plaintiff’s assignee, and a valid assignment thereof filed with said Referee, said Referee shall not require
`
`the Plaintiff or its assignee 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 premises sold upon the payment to said Referee of
`
`the amount specified above in items marked “FIRST,” “SECOND” and “THIRD,” if such expenses
`
`were paid by the Referee, or in lieu of the payment of said last mentioned amounts, upon filing with said
`
`Referee receipts of the proper municipal authorities showing payment thereof. The balance of the amount
`
`of the bid, after deducting the aforesaid amounts paid to the Referee for compensation and expenses,
`
`taxes, assessments, sewer rents and water rents, and priority liens of a city agency, shall be allowed to
`
`the plaintiff and applied by said Referee upon the amounts due to the plaintiff specified in item marked
`
`“FOURTH.” If upon so applying the balance of the amount bid, there shall be a surplus over and above
`
`the said amounts due to the Plaintiff or its assignee, the Plaintiff or its assignee shall pay to said Referee,
`
`upon delivery to Plaintiff or its assignee of said Referee’s deed, the amount of the surplus [which will be
`
`applied by the Referee upon motion made pursuant to RPAPL §1351(3) and proof satisfactory to the
`
`Referee of the sums due thereon, to any subordinate mortgage duly recorded against the property,
`
`pursuant to RPAPL §1354(3), which payments shall be reported in the Referee’s Report of Sale.] Any
`
`surplus remaining after all payments as herein provided shall be deposited into Court in accordance with
`
`RPAPL §1354(4) and the Referee shall immediately give notice of such surplus to the owner of the
`
`mortgaged premises as identified by Plaintiff at the time of the sale; and it is further
`
`ORDERED, ADJUDGED AND DECREED that said Referee shall take the receipt of the
`
`Plaintiff’s or the attorneys for the Plaintiff for the amounts paid as directed in item “FOURTH,” and file
`
`it with his/her Report of Sale; that he/she deposit surplus monies, if any, with the Kings County Clerk
`
`within five days after the same shall be received unless such period is deemed to be extended by the
`
`filing of an application for additional compensation as set forth herein, to the credit of this action, to be
`
`withdrawn only on Order of this Court, signed by a Justice of the Court; that said Referee shall make
`
`his/her report of such sale under oath showing the disposition of the proceeds of the sale and accompanied
`
`by the vouchers of the persons to whom payments were made, and shall file it with the Kings County
`
`Clerk within thirty days after completing the sale and executing the proper conveyance to the purchaser
`
`

`

`or within thirty days of the decision of the court with respect to any application for additional
`
`compensation; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that the purchasers at such sale be let into
`
`possession upon service of the Referee’s deed or deeds; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that each and all of the Defendant(s) in this action
`
`and all persons claiming under them, or any of either of them, after the filing of such notice of pendency
`
`of this action, be and they are hereby forever barred and foreclosed of all right, claim, lien, title, interest
`
`and equity of redemption in said Mortgaged Premises and each and every part thereof; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one parcel in
`
`“as is” physical order and condition, subject to any state of facts that an inspection of the premises would
`
`disclose; any state of facts that an accurate survey of the premises would show, and covenants, restrictions,
`
`declarations, reservations, easements, rights of way and public utility agreement of record, if any; any
`
`building and zoning ordinances of the municipality in which the Mortgaged Premises is located and
`
`possible violations of same; any rights of tenants or persons in possession of the subject premises; prior
`
`lien(s) of record, if any, except those liens addressed in §1354 of the Real Property Actions and
`
`Proceeding Law; any right 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; any equity of redemption of the UNITED STATES OF AMERICA to redeem the
`
`premises within 120 days from date of sale; and it is further
`
`ORDERED, that in the absence of the Referee, the Court may designate a Substitute Referee
`
`forthwith; and it is further
`
`ORDERED, that the Referee appointed herein is subject to the requirements of 36.2(c) of the
`
`Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provisions
`
`of that Rule, the Referee shall notify the Appointing Judge forthwith; and it is further
`
`

`

`ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the
`
`designated Referee, the owner of the equity of redemption, as of the date of this Order, any tenants named
`
`in this action and any other party entitled to notice within twenty days of entry and no less than thirty
`
`(30) days prior to sale.
`
`
`Dated: _________________
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`________________________________________
`HON. LARRY D. MARTIN, J.S.C.
`
`

`

`SCHEDULE A—LEGAL DESCRIPTION
`
`
`
`
`
`Block 4312 and Lot 50
`
`land, with the buildings and improvemenfs
`ALL that Certain plot,
`there0n
`piece Or parcel Of
`erected,
`lying and being in the Borough Of Br00klyn, County Of Kings, City and State Of New York,
`situate,
`bounded and described
`as follows;
`side Of Ashford Street distant 82 feet 6 inches northerly
`BEGINNINGat a point On the easterly
`from
`the C0merformed by the intersection Of the easterly side Of Ashford Street with the northerly
`side Of
`HegemanAvenue;
`
`RUNNINGTHENCEeasterly
`wall 120 feet-
`
`parallel
`
`with HegemanAvenue and part Of the distance
`
`through
`
`a party
`
`THENCEnortherly
`
`THENCEwesterly
`THENCEnortherly
`
`parallel with Ashford Street 17 feet 6 in Ches;
`with HegemanAvenue 20 feet;
`parallel with Ashford Street 6 inches;
`
`parallel
`
`parallel with HegemanAvenue and part Of the distance through a party wall 100 feet
`THENCEwesterly
`to the easterly side of Ashford Street;
`
`THENCEs0utherly along the easterly side Of Ashford Street 18 feett0 the point Or place Of BEGINNING.
`TOGETHERwith the benefrts and subject
`Of EasementCreated by the
`to the burdens Of a Declaration
`part dated July 8th, 1965 and reCOrded in the Office Of the Register Of Kings County.
`party Of the first
`Premises known as 719 Ashford Street, Brooklyn, NewYork 11207
`
`
`
`

`

`Auction Rules
`
`the place indicated
`
`in the Order of the
`
`the property
`
`General
`1. The Referee and all
`parties must be present at
`interested
`Court on the published date prompüy at 2:30 PM.
`2. The Terms of Sale,
`including any known encumbrances, must be posted outside of the courtroom
`than 1:45 PMof
`no later
`the day of sale.
`3. Referees shall announce any encurnbrance on the property
`to bidding.
`prior
`or bank check madepayable to the Referee. No
`4. Referees will accept either 1) cash; or 2) certified
`double-endorsed
`checks will be accepted.
`5. Asuccessful bidder must have in his/her possession at
`the time of the bid the full 10%of the sum
`or bank check to be madepayable to the Referee.
`in cash or certified
`bid,
`and will be required
`6. AII bidders rnust have proof of identification
`to stand and state their narnes
`and addresses on the record at the time the bid is made.
`7. No sale will be deemedfinal
`the full 10%deposit has been paid to the Referee and a contract
`until
`has been signed, which must be done in the courthouse immediately following
`the sale.
`to immediately pay the deposit and sign the Terms of Sale,
`If a successful bidder fails
`8.
`the sameday.
`will be promptly returned
`to auction
`to pay the full purchase price bid and appropriate closing
`9. Bidders are cautioned that
`the failure
`the auction mayresult
`costs at a closing
`to be scheduled within thirty
`(30) days following
`in the
`of the 10%deposit. The consent of
`the Court will be required
`for adjoumment of
`the dosing
`forfeiture
`beyond ninety
`(90) days.
`10. The amount of the successful
`the court
`reporter.
`
`bid, which will becorne the "purchase price,"
`
`will be recorded by
`
`he/she Inay
`at the purchase price,
`If the successful bidder defaults
`in concluding the transaction
`11.
`for a sumwhich is
`the difference
`be liable
`is subsequently sold at auction
`the property
`for
`if
`items allowed in the Final Order and Judgment.
`inadequate to cover all
`any encumbrances
`is the responsibility
`of the bidder
`to acquaint him/herself
`with the property,
`12.
`It
`thereon, and the Terms of Sale before placing a bid and to be certain
`that adequate funds are
`to make good the bid. The failure
`of the successful bidder to complete the transaction
`available
`mder the terms bid will presumptively
`in the bidders preclusion
`at auction for a
`from bidding
`result
`period of sixty (60) days.
`Surplus Funds
`13. A court
`If there is a potential
`clerk will be present at all court-ordered
`foreclosure
`auctions.
`for
`record the sale price, amount awarded in the final
`judgment of
`Surplus Funds,
`the clerk will
`in CCIS(Foreclosure Surplus Screen).
`and the Upset price,
`and enter
`that
`inferrnation
`foreclosure,
`14. Whenthe sale price exceeds the greater of the judgment amomt or upset price,
`the clerk will
`conducting the sale a Surplus Monies Form at
`provide the referee
`to complete.
`the auction
`15. The form will
`a case caption; name, address, and telephone
`include
`information:
`the following
`number of the referee-
`and the purchaser
`the plaintiff's
`a judgment amount; and the
`representative
`and purchaser
`set and sale price. The form must be signed by the referee,
`representative,
`plaintiff
`the foreclosed property.
`
`of
`
`
`
`
`
`

`

`the signed form to the court
`
`the auction, and deliver
`16. The referee will cornplete
`the form at
`whowill subsequently provide it to the County Clerk.
`for Surplus Funds will be calendared for a control date in the Surplus
`17. All cases with potential
`part.) Onthe
`Funds Part, no later
`than six mor1ths after
`the auction.
`is a non-appearance
`(This
`the clerk will consult
`the County Clerk Minutes.
`If Surplus Furids have been deposited
`control
`date,
`or the Report of Sale indicates
`a deficiency,
`the appearance will be appropriately
`marked.
`In the
`event
`that 310 Report of Sale has been filed,
`the clerk will adjoum the
`there are motions pending,
`but
`the Surplus Funds Part.
`case to a date beyond the motion retum date ri
`If a Report of Sale has not
`the case will be adjourned to the IAS Judge for
`been filed and no motions are pending,
`further
`proceedings, as necessary, and the referee
`shall be notified.
`
`clerk,
`
`PARTI
`Foreclosure
`Action Plan
`
`the procedures to be used in recommencing Foreclosure Auctior1s
`This plan outlines
`in accordance
`Order (AO) 157/20 and takes effect on Thursday, October 29, 2020.
`with Administrative
`HISTORICALBACKGROUND
`conducted on the courthouse steps. About 20
`Foreclosure Auctions in Kings Courity were initially
`years ago, that process was changed and the auctions were moved to a courtroom inside the
`Sales were held or1 Thursdays at 2:30
`courthouse, under the guidance of court
`staff.
`Thecourtroom accommodates 250 people and on
`PM. Calendars ranged from 50 to 70 properties.
`there was standing room only.
`manyoccasions,
`AUCTIONRULES
`The current pandemic has forced us to formulate a plan that
`arid takes into account all
`is viable
`that are needed for
`indoor assembly and outdoor assembly.
`health
`protocols
`Location
`
`the
`
`1.
`
`of
`
`in light of the COVID-19 pandemic, and in order to ensure the irnplementation
`further
`lk1til
`notice,
`be held outside on the courthouse steps on
`foreclosure
`auctions
`temporarily
`rneasures,
`safety
`will
`to makesure that all
`AdamsStreet.
`the referee assigned to conduct
`is the duty of
`the auction
`It
`and observers are wearing masks and observing proper social
`interested
`bidders,
`parties,
`Banks must schedule the auction date and time with the court before cornmencing
`distancirig.
`the auction notice. Please note that all of the below-listed
`publication
`of
`rules apply.
`they shall be held in Room224, 360 Adams
`
`is determined that auctions can be held indoors,
`Wher1 it
`Street, Brooklyn, NY.
`2. Dayand Time of Sale
`Auctions will be held on Thursdays at 2:30 PM.
`This
`or1ly 15 auctions will be calendared.
`Initially,
`nurnber will be evaluated and ir1creases will be madebased upon the success and health and safety
`The Courrs Calendars will
`times for each auction.
`protocols.
`the specific
`list
`
`plaintiffs must contact
`the Foreclosure Department
`to scheduling ar1 auction,
`via e-mail at
`Prior
`that a COVIDAssessment Confere31ce be
`36OASupremeCivilForeclosure@nycourts.gov
`to request
`to AO157/20.
`calendared pursuant
`Plaintiff must state that
`the conference request
`is for an auction
`
`
`
`

`

`enforced.
`
`The wearing of masks will also be
`
`Social
`distancing
`enforced.
`to 25%of Courtroorn capacity and initially,
`Attendance will be limited
`bidders will be
`only qualified
`and those wishing to observe will be accomrnodated
`allowed access.
`All other
`individuals
`in (an)
`overflow Courtroom(s) where virtual
`As COVID-related
`viewing of the process will be facilitated.
`circumstances
`parties will be allowed entry.
`change, additional
`Clos-rig and DeedTransfer
`least 10%of the sale price with the
`the successful bidder will deposit at
`Following the auction,
`Referee. The balance of the funds, along with the transfer of title documents will occur at such
`as determined by the Referee, or at such other place as agreed upon by the parties
`locatior1
`in
`in the closing must
`within the time limits
`in the Terrns of Sale. All participants
`specified
`writing,
`or order
`the time of closing.
`Should a
`comply with any face-covering
`in effect
`at
`rule,
`regulaticI1,
`the Referee maycancel
`bidder fail
`the closing and hold the bidder
`to comply,
`in default.
`and Posting
`Publishing
`Asummaryof these special COVID-19 policies and procedures shall be included
`to RPAPL§231.
`notices published and posted pursuant
`
`i.e., a Judgment of Foreclosure and Sale has been granted by the Court.
`This
`case,
`eligible
`cases where judgments of
`and sale have already been issued (even prior
`foreclosure
`includes
`March 15, 2020).
`
`to
`
`will be
`hcludr1g
`
`Order 232/20, a COVID-19 Assessment Conference need not be held
`Pursuant
`to Administrative
`where the foreclosing
`lender submits an alfirmation
`to the court averring
`following
`diligent
`that,
`issue to be currently abandoned and vacant. A COVID-19
`it knows the property
`at
`inquiry,
`Assessment Conference also need not be held on in-rem foreclosures
`except where the enforcing
`for example, where the
`that such a conference would be in the public
`believes
`officer
`interest,
`conference is likely
`in a settlement
`to result
`beneficial
`to all parties.
`the Foreclosure Departrnent
`If the matter is not
`during the conference,
`shall contact
`resolved
`plaintiff
`auction date and
`at 360ASupremeCivilForeclosure@nycourts.gov
`the next available
`via e-rnail
`for
`the case in question has had a COVID-19 Assessment Coriference.
`rnust
`that
`confirrn
`Ensuring Health and Safety at Auction Site
`3.
`temperature checks and COVIDAssessment Questionnaires
`For indoor auctions,
`administered upon entry to the courthouse. This procedure applies
`to all
`individuals,
`etc.
`referees,
`plaintiffs,
`through markers will be strictly
`
`4.
`
`5.
`
`in the public
`
`6. COVID-19 Auction Policies
`every Judgment of Foreclosure and Sale and In RemJudgment shall
`contain a
`further
`lk1til
`notice,
`in an Ir1
`action or the Petitioner
`the Referee in a mortgage foreclosure
`paragraph directing
`decretal
`RemTax Foreclosure proceeding to comply with the Kings Supreme Civil COVID-19 Policies
`Public Auctions of
`foreclosed
`properties.
`cor1cerning
`Kings Supreme Court
`- Civil Term Foreclosure Auction Rules shall be included
`7.
`Judgment of Foreclosure arid Sale.
`
`in every
`
`
`
`