`HON. FRANCIS A. KAHN III, J.S.C.
`---------------------------------------------------------------------X
`
`U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS
`INDIVIDUAL CAPACITY BUT SOLELY IN ITS
`CAPACITY AS INDENTURE TRUSTEE OF CIM
`TRUST 2020-R5,
`
`
`Plaintiff
`
`-against-
`
`
`JOHN ANDREW LUMPKIN; BOARD OF MANAG-
`ERS OF THE ALTAVISTA CONDOMINIUM; CRIMI-
`NAL COURT OF THE CITY OF NEW YORK; NEW
`YORK STATE DEPARTMENT OF TAXATION AND
`FINANCE; BANK OF AMERICA, N.A.,
`
`At IAS Part ______ of the Supreme Court of
`the State of New York held in and for the
`County of New York, at the Courthouse
`thereof, at 60 Centre Street, New York, NY
`10007, on the _____ day of
`__________________, 20___.
`
`Index No. 850416/2023
`
`
`JUDGMENT OF FORECLOSURE
`AND SALE
`
`
`Mortgaged Premises
`92 Perry Street Unit 20
`New York, NY 10014
`
`Block: 621
`Lot: 1120
`
`Mortgage Servicer: Fay Servicing, LLC
`Mortgage Servicer Phone #: (800) 495-
`7166
`
`
`Defendants
`---------------------------------------------------------------------X
`ON the Summons, Verified Complaint and Notice of Pendency duly filed in the New York County
`
`Clerk’s Office on June 12, 2023, and all proceedings thereon; and on reading and filing the Notice of
`
`Motion dated December 20, 2024, Affirmation of Regularity of Juliana Thibaut, Esq. dated December
`
`20, 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 JOHN ANDREW LUMPKIN, nor has their time to do so been extended; and
`
`Firm Case No. 223771-1
`
`

`

` ON the Order of Reference granted August 2, 2024 and entered in the New York County Clerk’s
`
`Office on August 6, 2024, appointing Jeffrey R. Miller, 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 December
`
`10, 2024, it appears that the sum of $636,042.05 was due the Plaintiff for principal, interest and
`
`advances made pursuant to the Note and Mortgage, as of October 26, 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 Jeffrey R. Miller, Esq. dated
`
`December 10, 2024, and filed in the New York County Clerk’s Office on December 19, 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 92 Perry Street Unit 20,
`
`New York, NY 10014; a description of said Mortgaged Premises is annexed hereto and made a part
`
`Firm Case No. 223771-1
`
`

`

`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 Jeffrey R. Miller, 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 and RPAPL §231 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
`
`Firm Case No. 223771-1
`
`

`

`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
`
`Firm Case No. 223771-1
`
`

`

`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
`
`Firm Case No. 223771-1
`
`

`

`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
`
`$2,211.60 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 $636,042.05, the said amount so reported due as aforesaid, together
`
`with contractual interest thereon from October 26, 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
`
`Firm Case No. 223771-1
`
`

`

`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 New York
`
`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
`
`Firm Case No. 223771-1
`
`

`

`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 New York 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 if the proceeds of such sale be insufficient to
`
`pay the amount reported due to the Plaintiff or its assignee with interest and costs as aforesaid, the
`
`Plaintiff or its assignee shall recover from the Defendant, JOHN ANDREW LUMPKIN, the whole
`
`deficiency or so much thereof the Court may determine to be just and equitable of the residue of the
`
`mortgage debt remaining unsatisfied after the sale of the Mortgaged Premises and the application of the
`
`proceeds thereof, provided a motion for a deficiency judgment shall be made within 90 days of the
`
`delivery of the deed by the Referee, and the amount thereof is determined and awarded by an order of
`
`this Court as provided for in said action ; 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
`
`Firm Case No. 223771-1
`
`

`

`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 equity of redemption of the UNITED STATES OF AMERICA to redeem the
`
`premises within 120 days from date of sale; 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; 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. FRANCIS A. KAHN III, J.S.C.
`
`Firm Case No. 223771-1
`
`

`

`SCHEDULE A—LEGAL DESCRIPTION
`
`
`Block 621and Lot 1120
`
`known as The Altavista
`The Condominium Unit
`in the building
`(the "Unit")
`(the "Building")
`units of 92 Perry Street
`Condominium (the "Condominium") and by the street number for
`residential
`in the Borough of Manhattan, City, County and State of NewYork,
`(a/k/a 382-384 Bleecker Street),
`Unit No. 20 in that
`said Unit being designated and described as Residential
`dated
`certain
`declaration
`March 9, 2007, made by the Grantor pursuant
`to Article 9-B of the Real Property of the State of New
`York (the "Condominium Act") establishing
`a plan for condominium ownership of the Building
`and the
`Land (the "Land") upon which the Building
`(which Land is more particularly
`described
`is situated
`in
`reference made a part hereof), which declaration
`Exhibit A annexed hereto and by this
`was recorded
`in the NewYork County Office
`of the City of NewYork (the "City Registers Office") on
`the Register
`of
`May 18, 2007, CRFNNo. 2007000261199. This Unit also being designated as Tax Lot 1120 in
`Section 2, Block 6210n the Tax map of the Real Property Assessment Department of the City of New
`the Borough of Manhattan and County of NewYork and on the "Floor Plans" of the Building,
`York for
`by BKSKArchitects,
`LLP and filed with the City Registers Office on May 18, 2007 in CRFN
`certified
`No. 2007000261200.
`
`in the CommonElements of the Condominium.
`TOGETHERwith an undivided 3.6214% interest
`Premises known as 92 Perry Street Unit 20, NewYork, NewYork 10014
`
`
`
`Firm Case No. 223771-1
`
`