EF DOC. NO. 52
`NYSCEF DOC. NO. 52
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
` fiIVfiD \IYSCEF:
`
`
`R
` *.C
`11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`At Part 6/30 of the Supreme Court of the
`State of New York held in and for the
`County of Richmond, at the Courthouse
`thereof, at
`taten Island, New York, on
`0
`5&5 gg
`,2ms.
`
`Present: Hon. , J.S.C.
`
`Hon. Desmond A. Green
`18.0.
`
`US. Bank NA, as trustee, on behalf of the holders, of the
`J.P. Morgan Mortgage Acquisition Trust 2006-WMC4 Asset
`Backed Pass-Through Certificates, Series 2006-WMC4,
`
`Plaintiff,
`
`-against-
`
`Albert Morales; Deborah Morales a/k/a Debbie Morales a/k/a
`Debbie A. Morales a/k/a Debbie Kurland; Unifund CCR
`' Partners, City of New York Environmental Control Board;
`City of New York Parking Violations Bureau; City of New
`York Transit Adjudication Bureau,
`
`Defendants
`
`JUDGMENTOF
`EQBEQLQEEBEuQED
`SALE
`
`IndexTJo.135166/2016
`
`Our File No.2 16-049478
`
`XS?)
`{2
`
`Premises:
`7 Gauldy Avenue
`Staten Island, NY 10314
`
`‘
`
`Block 1632 Lot 141
`
`ON the Summons, Complaint and Notice of Pendency duly filed in this action on March
`
`7, 2016, and all proceedings thereon; and on reading and filing the Notice of Motion dated July
`
`2,32
`
`, 2018 and Affirmation of Regularity of Bridget M. Dehmler, Esq. dated July 70 , 2018,
`
`with exhibits annexed thereto, showing that all Defendant(s) were duly served pursuant to the
`
`laws of the State of New York with a copy of the Summons in this action, or have voluntarily
`
`appeared by their respective attorneys; and on the 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 none of
`
`16-049478
`
`Judgmentff Fggloslrra and Sale
`1 of 10
`
`Page 1 of 10
`
`

`

`
`NYSCEF DOC. NO. 52
`NYSCEF DOC. NO. 52
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`
`
`the Defendant(s) have served an answer to said Complaint, nor has their time to do so been
`
`extended; and
`
`ON the Order of Reference made and entered on April 23, 2018, appointing Craig Albert
`
`Fine, Esq. as Referee in this action to ascertain and compute the amount due, and to examine the
`
`Plaintiff or its agent on oath as to the 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 of the oath and report of the aforesaid Referee sworn to and
`
`dated June 21, 2018, it appears that the sum of $697,440.79 was due the Plaintiff, as of May 15,
`
`2018, plus a per diem interest for every day thereafier, on the date of said Report and that the
`
`mortgaged premises should be sold in one parcel.
`
`NOW, on motion of Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff, it is
`
`ORDERED, that the motion is granted and it is further
`
`ORDERED, ADJUDGED AND DECREED that the report of Craig Albert Fine, Esq.
`
`dated June 21, 2018, be, and the same is hereby, in all respects, ratified and continued; and it is
`
`further
`
`V
`
`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, § 36.2(c) (“Disqualifications from
`
`appointment”), and § 36.2 (d) (f‘Limitations on appointments based upon compensation”); and it
`
`is further
`
`ORDERED, ADJUDGED, AND DECREED that the mortgaged premises (Block 1632
`
`Lot 141) as further described in the complaint in this action and hereinafter described, or such
`
`part thereof as may be sufficient to discharge the mortgage debt under the note and mortgage, the
`
`16-049478
`
`-
`
`JudgmentfingrgloTfi and Sale
`2 of 10
`
`Page 2 of 10
`
`

`

`NYSCI
`3F DOC. NO. 52
`NYSCEF DOC. NO. 52
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`
`
`expenses of the sale and the costs of this action as provided by the Real Property Actions and
`
`Proceeding Law be sold, in one parcel, at public auction in the Richmond County Courthouse, 26
`
`Central AvenueJIme, Staten Island, NY 10301 , within ninety (90) days of the entry of
`
`this Judgment by and under the direction of Craig Albert Fine, Esq., who is hereby appointed
`
`Referee for that purpose; that said Referee give public notice of the time and place of such s 1e in
` ccordance with law, practice of this Court and RPAPL § 231 in
`f
`,
`Wandthatthe Plaintifforany otherpartytothis actionmaybecomethe purchaser at
`
`such sale; that in case the plaintiff 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 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 that all deed stamps, transfer taxes and recording fees, if
`
`any, shall be paid by the purchaser, 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 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 said Referee then d
`
`the alance
`
`0W”
`
`
`of said proceeds of sale in his/her own name as Referee in C
`
`
`05'
`
`16-049478
`
`Judgment§fF8rEcloT16 and Sale
`3 of 10
`
`Page 3 of 10
`
`

`

`
`NYSCI3F DOC. NO.
`52
`NYSCEF DOC. NO. 52
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
`
`
`RaCaIVaD uYSCEF: 11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`
`
`and shall thereafter make the follovw'ng payments and his/her checks drawn for that purpose shall
`
`be paid by said depository;
`
`FIRST:
`
`SECOND:
`
`That statutory fees of the Referee in the sum of $500.00.
`
`The expenses of 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 and filed with said Depository
`
`and Clerk of this Court.
`
`THIRD:
`
`Said Referee shall also pay to the plaintiff or plaintiffs attorney, the sum
`
`of $2,035.00 to be determined by the Clerk and adjudged to the Plaintiff
`
`m f
`
`or COWHS in this action or as taxed by the Clerk on the
`Costs of Plaintiff and inserted therein, with interest thereon from the date
`
`hereof; together with reasonable attorneys' fees in the sum of
`$ [71 25! 2 /as provided for in paragraph 22 ofthe mortgage, and
`also the sum of $697,440.79 the said amount so reported due as aforesaid,
`
`together with contractual interest thereon from May 15, 2018, the date
`
`interest was calculated to in said report to the date of entry of the
`
`Judgment and legal interest thereafter, or so much thereof as the purchase
`
`money of the mortgaged premises will pay of the same, together with any
`
`advances necessarily paid by the Plaintiff for taxes, fire insurance,
`
`principal and interest to prior mortgages to preserve and or maintain the
`
`premises not previously included in any computations, said expenses
`
`being substantiated by proper receipts therefore.
`
`16—049478
`
`Judgment4f Fgl‘ECIOTI‘G and Sale
`4 of 10
`
`Page 4 of 10
`
`

`

`NYSCI
`3F DOC. NO. 52
`NYSCEF DOC. NO. 52
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`
`
`FOURTH:
`
`If such Referee intends to apply for a further allowance for fees, the
`
`Referee may leave upon deposit such amount as will cover such additional
`
`allowance to await the further order of this Court thereon after application
`
`duly made.
`
`That in case the plaintiff be the purchaser of said mortgaged premises at said sale, or in
`
`the event that the rights of the purchasers at said sale and the terms of sale under the judgment
`
`shall be assigned to and be acquired by the plaintiff, and a valid assignment thereof 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
`
`premises sold upon the payment to said Referee of the amount specified above in items marked
`
`“FIRST”"and “SECOND” and the amounts of the aforesaid taxes, assessments, sewer rents and
`
`water rates, with interest and penalties thereon, or in lieu of the payment of said last mentioned
`
`amounts, upon filing with said Referee receipts of the proper municipal authorities showing 1
`
`payment thereof; that the balance of the amount bid, after deducting therefrom the aforesaid
`
`amounts paid by the plaintiff for Referee's fees, advertising expenses, taxes, assessments, sewer
`
`rents and water rates shall be allowed to the Plaintiff and applied by said Referee upon the
`
`amounts due to the plaintiff as specified in item marked “THIRD”; that if after so applying the
`
`balance of the amount bid, there shall be a surplus over and above the said amounts due to the
`
`plaintiff, the plaintiff shall pay to the said Referee, upon delivery to plaintiff of said Referee's
`
`deed, the amount of such surplus; that said Referee on receiving said several amounts from the
`
`plaintiff shall forthwith pay therefrom said taxes, assessments, sewer rents, water rates, with
`
`interest and penalties thereon, unless the same have already been paid, and shall then deposit the
`
`balance.
`
`16-049478
`
`JudgmentEpfFarEcloTEfi and Sale
`5 of 10
`
`‘
`
`Page 5 of 10
`
`

`

`NYSCI
`3F DOC. NO. 52
`NYSCEF DOC. NO. 52
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`
`
`The said Referee shall take the receipt of the Plaintiff or the attorneys for the Plaintiff for
`
`the amounts paid as directed in item “THIRD” above, and file it with the report of sale; that
`
`surplus monies be deposited, if any, with the Richmond County Clerk within five days after the
`
`same shall be received and be ascertainable, to the credit of this action, to be withdrawn only on
`
`an order of this Court, signed by a Justice of this Court. The Referee shall make the report of
`
`such sale under oath showing the disposition ofthe proceeds ofthe sale and accompanied by the ‘
`vouchers of the persons to whom payments were made, and shall file it with the Richmond
`
`County Clerk within thirty days after completing the sale and executing the proper conveyance to
`
`the purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due
`
`to the Plaintiff with interest and costs as aforesaid, the Plaintiff shall recover from the
`
`Defendant(s), Albert Morales and Deborah Morales, unless discharged in bankruptcy, the whole
`
`deficiency or so much thereof as this Court may determine to be just and equitable of the residue
`
`of the mortgage debt remaining unsatisfied after a sale of the mortgaged premises and the
`
`application of the proceeds thereof, provided a motion for a deficiency judgment shall be made
`
`as prescribed by § 1371 of the Real Property Actions and Proceedings Law within the time
`
`limited therein, and the amount thereof if determined and awarded by an Order of this Court as
`
`provided for in said section; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at said
`
`sale be let into possession on production or delivery 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 or 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
`
`16-049478
`
`Judgment6f FSrECIOTfi and Sale
`6 of 10
`
`Page 6 of 10
`
`

`

`NYSCI
`3F DOC. NO. 52
`NYSCEF DOC. NO. 52
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`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 than an accurate survey of the premises would
`
`show, any 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 1ien(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; and it is further.
`
`ORDERED, ADJUDGED AND DECREED, that transfer tax is not a lien upon the
`
`Property or an expense of sale, but rather an expense of recording the deed. All expenses of
`
`recording the Referee’s Deed shall be paid by the purchaser and not the Referee from sale
`
`proceeds.
`
`ORDERED, ADJUDGED AND DECREED, that for purposes of statutory compliance
`
`with RPAPL 1351(1), the date of the Judgment of Foreclosure and Sale shall be deemed to be the
`
`date of entry of the Judgment of Foreclosure and Sale.
`
`16-049478
`
`Judgmentff Fgrfidoiufi and Sale
`7 of 10
`
`Page 7 of 10
`
`

`

`NYSCI
`TF DOC. NO. 52
`NYSCEF DOC. NO. 52
`
`\
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`Said premises commonly knovsm as 7 Gauldy Avenue, Staten Island, NY 10314. A
`
`description of said mortgaged premises is annexed hereto and made a part hereof as Schedule A.
`Date: QQAQM (gig 9W8
`
`ENTER,
`
`Hon.
`
`Hon. Desmond A. Green
`J.S.C.
`
`i461
`
`ORDERED, that the Referee shall soil the premises within so days of the (Liszt: of
`judgment in accordance with the following timetable:
`
`(2) Plaintiff shat! serve a copy of the signed Judgment of Foreclosure and Sale with
`Notice of Entry on the Defendants and Referee within fourteen (14) days of the date of the
`judgment;
`
`(b) the Referee shall schedule the auction/sale of the premises by contacting the
`Richmond County Supreme Court by Email at chhmondSlAuctions@nycourts.gov within ten
`(10) days of the date of Notice of Entry (the Court will not entertain telephoned, mailed, or
`faxed scheduling requests); and it is further
`
`ORDERED, that the language contained in this stamp supersedes any inconsistent
`provisions contained in this Order.
`
`Attorney certification pursuant
`to 22NYCRR§ 130-1.1-a
`is affixed to inside cover.
`
`16-049478
`
`Judgment§fF8rficloiu8 and Sale
`8 of 10
`
`Page 8 of 10
`
`

`

`
`NYSCEF DOC. NO. 52
`NYSCEF DOC. NO. 52
`
`INDEX NO. 135166/2016
`INDEX NO. 135166/2016
`
`
`
`
`
`RfiCfiIVfiD \IYSCEF:
`11/01/2018
`RECEIVED NYSCEF: 11/01/2018
`
`EQEEMHJUK
`mmmqunnuawmm
`
`mumplotpiewmpucdofmmthbbfltflngsmdmuvmmmm »
`elected. mmlmmmmmemofsmmmmmyofmmdmfity
`mdSmchwYmk:
`
`BogimfingflfimmmufomodbyflmefimoffiethmwlyaideomefldyAwmq
`GOMfidauMmedmmethwmfiyddooflmgdeSOfeawideuamd;
`
`mmingtthmthss dom32minmm56sooondeestalmgfliaNMyaidaof
`GmfldyAvenue. undopteleSJBfem
`
`Thence North-30 degrees 48 minutes 56 seconds Emz&59 fiat;
`
`WSauthSBdcgroeflZmfimSGmmdsEanmdpmoffliedixmammapmy
`wall 100.85feettotthmhwoswlysideoflanadnlosm
`
`WWydwgtheNmfliwésmlyddoofngdflesmamamdefiecfingmm
`[afihavingamdimofilQOfieétmdamflmglaodemeaZlmimHumanism
`distunwonSSGfeettoflieomfiwpuiiRarplmofbegimhg.
`
`ToyfinwflhmdmbjmmmmofmmdemmeIdyAvmm
`Imdflesm
`
`9 of 10
`9 of 10
`
`

`

`INDEX NO. 135166/2016
`
`INDEX NO. 135166/2016
`.
`
`
`
`
`
`
`NYSCI
`RaCaIVaD VYSCEF: 11/01/2018
`3F DOC. NO. 52
`RECEIVED NYSCEF: 11/01/2018
`NYSCEF DOC. NO. 52
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF RICHMOND
`U.S. Bank N.A., as trustee, on behalf of the holders, of the
`J.P. Morgan Mortgage Acquisition Trust 2006-WMC4 Asset
`Backed Pass—Through Certificates, Series 2006-WMC4,
`Plaintiff,
`
`COSTS OF PLAINTIFF
`
`Index No.135166/2016
`
`-against—
`Albert Morales and Deborah Morales, et al,
`
`Defendants.
`
`,
`COSTS OF PLAINTIFF:
`Costs before note of issue
`CPLR Sec. 8201 subd.1
`Allowance by statute
`CPLR Sec. 8302 (a) (b)
`Additional allowance
`CPLR Sec. 8302 (d)
`Motion costs
`CPLR Sec 8302
`
`DISBURSEMENTS:
`Fee for index number
`CPLR Sec. 8018 (a)
`
`Referee's fee
`
`CPLR Sec. 8301(a)l
`Clerk‘s fee, filing notice of pend. or attach.
`CPLR Sec. 8021 (a)(lO)
`Paid for searches
`CPLR Sec. 8301(a)1
`Serving copy summons & complaint
`CPLR Sec. 8011(c)1
`Request for Judicial Intervention
`CPLR Sec. 8020(a)
`Fees for Submission of Order of Reference and Judgment
`CPLR Sec. 8020(a)
`Fees for publication
`CPLR sec. 8301(a)3
`Disbursements:
`Total Costs and Disbursements:
`
`Costs:
`
`$200.00
`
`l50.00
`
`50.00
`
`0.00
`
`$5M
`
`$400.00
`
`250.00
`
`35.00
`
`000
`
`765.00
`
`95.00
`
`90.00
`
`0.00
`
`1,635.00
`QM
`
`Bridget M. Dehmler, Esq.
`Associate Attorney
`SHAPIRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`175 Mile Crossing Boulevard
`Rochester, New York 14624
`(585)247—9000
`Fax: (585) 247-7380
`
`16-049478
`
`Judgment 0 Foreclosure and Sale
`0 f
`10 of 10
`
`Page 9 of IO
`
`