FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
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`RECEIVED NYSCEF: 06/08/2022
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`
`
`:
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`Index No. 20157)
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`COUNTYOFSARATOGA
`
`
`NOTICEOFENTRY|
`
`!
`
`ontgomery County Treasurer, as the Limited
`Administrator of
`the Estate of Emily Califano a/k/a Emily
`
`Richard Hess; Jeffrey Hess; Mark Hess; LawrencefHess;|
`
`Dorothy Scherenberger; Deborah Pietrantozzi; Kathleen
`
`red Robert Williams; New York
`axation and Financek
`
`State Department o
`
`SIRS:
`
`PLEASE TAKE NOTICE that the within is a true copy of a Judgment, duly entered in
`the office of
`the clerk
`of
`the within named court on May 20, 2022.
`
`DATED: May 31, 2022
`
`teven M.Palmer, Esq.
`
`175 Mile Crossing Boulevard
`Rochester, New York 14624
`(585) 24MOO
`Fax: (985) 2474/380
`
`THEO38653)
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`1 of 14
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`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`NYSCEF DOC. NO. 100
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`INDEX NO. 20157
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`RECEIVED NYSCEF: 06/08/2022
`
`TO:
`William F. Larkin, Esq.
`Attorney for defendant The United States of America
`PO Box 7198
`100 S. Clinton Street
`Syracuse, NY 13261
`
`Montgomery County Treasurer
`20 Park Street
`PO Box 1500
`Fonda, NY 12068
`
`Richard Hess
`3757 Pecos McLeod
`#103
`Las Vegas, NV 89121
`
`Mark Hess
`1704 Van Vranken Avenue
`Apartment 1
`Schenectady, NY 12308
`
`Jeffrey Hess
`1136 Barber Drive
`Schenectady, NY 12303
`
`Lawrence Hess
`1704 Van Vranken Avenue
`Apartment 1
`Schenectady, NY 12308
`
`Elaine Yaksta
`1009 Bruce Lane
`Schenectady, NY 12303
`
`Scott Hess
`7 Turner Park Road
`Schenectady, NY 12302
`
`John Dence
`23 Rice Lane
`Eagle Bridge, NY 12057
`
`James Dence
`1217 Great Pond Road
`Aurora, ME 04408
`
`14-038653
`
`Notice of Entry
`
`2 of 14
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`Page 2 of 3
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`

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`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`NYSCEF DOC. NO. 100
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`INDEX NO. 20157
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`RECEIVED NYSCEF: 06/08/2022
`
`Dorothy Scherenberger
`121 Mechanic Street
`Northville, NY 12134
`
`Deborah Pietrantozzi
`7669 Manor Drive
`Mentor On the Lake, OH 44060
`
`Sharon James
`2612 Links Drive
`Apartment 1A
`Elkhart, IN 46514
`
`Kathleen James
`68730 Calvin Center Road
`Cassopolis, MI 49031
`
`John Hess
`8361 Road 230
`Cecil, OH 45821
`
`Stephen Hess
`14108 Hazelmere Avenue
`Cleveland, OH 44111
`
`Alfred Williams
`355 North Road
`Shelburne, NH 03581
`
`New York State Department of Taxation and Finance
`WA Harriman State Office Campus
`Building 9
`Albany, NY 12207
`
`Elena De Fio Kean, Esq.
`Hinman Straub, P.C.
`121 State Street
`Albany, NY 12207
`
`14-038653
`
`Notice of Entry
`
`3 of 14
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`Page 3 of 3
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`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`INDEX NO. 20157
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`FILED: SARATOGA COUNTY CLERK 06/00/2022 02:60 B
`INDEX NO. 20157
`INDEX NO. 20157
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
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`
`
`NYSCEF DOC. NO. 99
`RECEIVED NYSCEF: 05/20/2022
`NYSC EF DOC. NO.
`
`2090
`RECEIVED NYSCEF: 05/26/2022
`NYSCEF DOC. NO. 100
`RECEIVED NYSCEF: 06/08/2022
`D ORIGINAL
`
`ofthe Supreme Court held in
`the County ofSaratoga,atthe Spre
`Courthouse thereof, on the AO~
`day of
`_» 20AA,
`
`TH
`7. Murphy/J.S.C.
`PRESENT:Hon, James
`JUSTICE OF THE SUPREME COURT
`NationstarMortgage LLC d/b/a ChampionMortgage
`Company,
`
`Vv.
`
`Plaintifi(s),
`
`Montgomery County Treasurer, as the Limited
`Administrator ofthe Estate of Emily Califano a/k/a Emily
`Jane Califano; The United States ofAmerica acting through
`The Secretary of Housing and Urban Development; Richard
`Hess; Jeffrey Hess; Mark Hess; Lawrence Hess; Elaine
`Yaksta; Scott Hess; John Dence; James Dence; Dorothy
`Scherenberger; Deborah Pistrantozzi; Kathleen James; Fohn
`Hess; Stephen Hess; Alfred Williams a/k/a Alfred Robert
`Williams; New York State Department ofTaxation and
`Finance,
`
`Defendant(s).
`
`INDEX NO.20157
`
`ORDER CONFIRMING
`REFEREE REPORT AND
`JUDGMENT OF
`FORECLOSURE AND SALE
`
`MORTGAGED PROPERTY:
`712 Swaggertown Road
`Scotia, NY 12302
`
`SBL #: Section 256. Block 1
`Lot 66
`
`Mortgage Servicer: PHH
`Mortgage Corporation
`
`MortgageServicer Phone#:
`866-799-7724
`
`UPONthe Summons, Complaint, and Notice of Pendency filed in this action on the Sth
`
`day of January, 2015, the. Additional Notice of Pendency filed on the 13th day of October, 2017
`
`the Supplemental Summons and Amended Complaint filed on the 231d day of January, 2020, the
`
`Additional Notice of Pendency filed on the 9th day ofNovember, 2020, the Notice ofMotion and
`
`20722. the affidavit. of merit and
`affirmation by Nicole DiStasio, Esq. dated KAhr cla 14.
`amount due by Erin Naylor, who is an Assistant Secretary of Nationstar Mortgage LLC dVb/a
`ChampionMortgage Company, duly swornto onMay 20, 2021,together withthe exhibits annexed
`thereto, all in support ofPlaintiff's motion for a Judgment of Foreclosure and Sale; and
`
`14038653
`
`Judgment ofForeclosure and Sale
`1 of 11
`4 of 14
`4 of 14
`
`Page I of13
`
`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 05/00/2022 02:00 B
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`NYSCEF DOC. NO. 99
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`NYSCEF DOC. NO. 290
`NYSCEF DOC. NO. 100
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`INDEX NO. 20157
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`INDEX NO. 20157
`INDEX NO. 20157
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`RECEIVED NYSCEF: 05/20/2022
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`
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`RECEIVED NYSCEF: 05/28/2022
`RECEIVED NYSCEF: 06/08/2022
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`UPONproof that each of the defendants herein has been duly served with the Summons
`
`and Complaint and/or the Supplemental Summons and Amended Complaintin this action, and has
`
`not served any answerto the Complaint, nor had their time to do so extended; and it appearingthat
`
`more than the legally required number ofdays has elapsed since defendants, Montgomery County
`
`Treasurer, as the Limited Administrator ofthe Estate ofEmily Califano a/k/a Emily Jane Califano
`
`and The United States of America and Richard Hess and Mark Hess and Jeffrey Hess and
`Lawrence Hess and Elaine Yaksta and Scott Hess andJohn Dence and James Dence and Dorothy
`
`Scherenberger and Deborah Pietrantozzi and Sharon James and Kathleen James and John Hess
`and Stephen Hess and Alffed Williams a/k/a Alfred Robert Williams and New York Staté
`
`Department of Taxation and Finance, were so served and/or appeared; and Plaintiff having
`
`established to the court’s satisfaction that a judgment against defendants is warranted; and
`
`UPONthe affidavit ofmailing reflecting compliance with CPLR 3215(g)(3)(iii); and
`
`UPON proof that non-appearing defendants, Montgomery County Treasurer, as the
`
`Limited Administrator ofthe Estate ofEmily Califano a/k/a Emily Jane Califano and Richard Hess
`
`and Mark Hess and Jeffrey Hess and Lawrence Hess and Elaine Yaksta and Scott Hess and John
`Dence and James Dence and Dorothy Scherenberger and Deborah Pietrantozzi and Sharon James
`
`and Kathleen James and John Hess and Stephen Hess and Alfred Williams a/k/a Alfred Robert
`Williams andNew York State Department ofTaxation and Finance, are not absent, in accordanndé
`
`with RPAPL §1321(2); and
`
`A Referee having been appointed to compute the amount due to Plaintiff upon the
`bond/note and Home Equity Conversion Mortgage set forth in the Complaint and to examine
`whether the mortgaged property can be sold in parcels; and
`
`14-038653
`
`Judgment ofForeclosure and Sale
`
`Page 2 of 12
`
`2 of 11
`2 of 14
`5 of 14
`
`

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`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`FILED: SARATOGA COUNTY CLERK 05/26/2022 09:80 B
`NYSCEF DOC. NO. 99
`
`NYSCEF DOC. NO. 290
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
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`INDEX NO. 20157
`INDEX NO. 20157
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`RECEIVED NYSCEF: 05/20/2022
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`
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`RECEIVED NYSCEF: 05/28/2022
`RECEIVED NYSCEF: 06/08/2022
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`UPONreading and filing the Report ofElena De Fio Kean Esq, dated February 9, 20222
`
`showing the sum of$263,784.12 due as ofthe date ofsaid Report and that the mortgaged property
`
`maynot be sold in parcels; and
`
`UPON proof of due notice of this motion uponall parties entitled to recelve same, and
`upon all the prior proceedings and papers filed herein;
`|
`
`NOW,on motion by Nicole DiStasio, Esq., attorney for the Plaintiff, it is hereby
`
`ORDERED, ADJUDGED AND DECREED,that the motionis granted; andit is further
`
`ORDERED, ADJUDGED AND DECREED,that the Referee’s Report be, and the same
`
`is, hereby in all respects ratified and confirmed; andit is further
`
`ORDERED, ADJUDGED AND DECREED,that the mortgaged property described in
`the Complaint and as hereafter described, or such part thereofas may be sufficient to dischiargé
`
`the mortgage debt, the expensesofthe sale, and the costs ofthis action as provided by the RPAPL
`be soldwithin 90 days ofthe date ofthis Judgment, in one parcel, at a public auction atthe Saratoga
`County Courthouse, Ballston Spa, New York 12020, by and under the direction ofElena De Fio
`Kean, Esq., Hinman Straub, P.C., 121 State Street, Albany, NY 12207, (518)436-0751 who is
`
`hereby appointed Referee for that purpose; that said Referee give public notice of the time and
`
`place ofsale in accordance with RPAPL §231 in she Saratogian; andit is further
`
`ORDERED, ADJUDGED AND DECREED,that by accepting this appointment, the
`
`Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22
`NYCRR Part 36), including, but not limited to §36.2(c) (“Disqualificetionsfrom appointment’
`and §36.2 (d) (“Limitations on appointments based upon compensation”); and, ifthe Refersis
`disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee
`
`shall immediately notify the Appointing Judge; andit is further
`
`14-038653
`
`Judgment of Foreclosure and Sale
`
`Page 3 of 12
`
`3 of 11
`6 of 14
`6 of 14
`
`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 05/f0/2022 09:00 BM
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`NYSCEF DOC. NO. 99
`
`NYSCEF DOC. NO. 290
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
`INDEX NO. 20157
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`INDEX NO. 20157
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`RECEIVED NYSCEF: 05/20/2022
`
`
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`RECEIVED NYSCEF: 05/28/2022
`RECEIVED NYSCEF: 06/08/2022
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`“ORDERED, ADJUDGED, AND DECREED that the Referee is prohibited from
`
`accepting orretaining anyfunds forhim/herselforpayingfunds to him/herselfwithoutcompliance
`withPart36 ofthe Rules ofthe ChiefAdministrative Judge; andit is further
`_
`ORDERED, ADJUDGED, AND DECREED that the Referee -shall conduct the
`foreclosure sale only if Plaintiff, its successors and/or assignees,or its representative is present at
`
`the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors
`
`and/or assigns,or its representative; andit is further
`
`|
`
`ORDERED, ADJUDGED, AND DECREEDthat iftheReferee does not conductthe 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;
`
`andit is further
`.
`ORDERED, ADJUDGED, AND DECREEDthat atthe timeof sale the Referde sbi
`accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were
`
`physically present to submit said bid; and it is further
`
`ORDERED, ADJUDGED, AND DECREEDthatthe Referee shall accept the highest bid
`offered by a bidder who shall be identified upon the court record, and shall require that the
`successful bidder immediately execute TermsofSale for the purchase ofthe property, and pay to
`
`the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
`
`successful bidder is Plaintiffin which case no deposit against the purchaseprice shall be required;
`
`andit is further
`
`ORDERED, ADJUDGED, AND DECREEDthat, inthe eventthefirst successful bidder
`fails to execute the Terms ofSale immediately following the bidding uponthe subject propertyGE
`
`14-038653
`
`Judgment ofForeclosure and Sale
`4 of 11
`4 of 14
`7 of 14
`
`Page 4 of 12
`
`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 05/08/2022 02:60 B
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`NYSCEF DOC. NO. 99
`
`NYSCEF DOC. NO. 290
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
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`INDEX NO. 20157 |
`INDEX NO. 20157
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`
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`RECEIVED NYSCEF: 05/20/2022
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`RECEIVED NYSCEF: 05/28/2022
`RECEIVED NYSCEF: 06/08/2022
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`fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately
`
`and on the same day be reoffered at auction; and it is further
`
`ORDERED, ADJUDGED, AND DECREEDthatthe Referee shall then deposit the down
`
`paymentand proceedsofsale, as necessary,in the Referee’s J.O.L.A. account maintainedforlegal
`
`clients, in his/her own name as Referee, in accordance with CPLR 2609; and it is further
`
`ORDERED, ADJUDGED AND DECREED,thatafter the property is sold, the Referee
`
`shall execute a deed to the purchaser, in accordance with RPAPL §1353 andthe termsofsale,
`
`which shall be deemed a binding contract; andit is further
`
`ORDERED, ADJUDGED, AND DECREED that, in the event a party other than the
`Plaintiffbecomes the purchaser at the sale, the closing oftitle shall be held nolater than 30 days
`after the date ofsuch sale unless otherwise stipulated by all parties to the sale; and it is further
`
`ORDERED, ADJUDGED, AND DECREEDthat, if Plaintiff (or its affiliate, as defined
`
`in paragraph (2) of subdivision 1 of section six-1 ofthe Banking Law) is the purchaser, such party
`shall place the property back on the market for sale or other occupancy:(a) within 180 days'ofike
`
`execution ofthe deed of sale, or (6) within 90 days of completion of construction, renovation, or
`
`rehabilitation of the property, provided that such construction, renovation, or rehabilitation
`
`proceeded diligently to completion, whichever comesfirst, provided however, that a court of
`
`competent jurisdiction may grant an extension for good cause; andit is further
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`ORDERED, ADJUDGED, AND DECREEDthatthe Referee, on receivingthe proceeds
`
`of such sale, shall forthwith pay therefrom, in accordance with their priority according to law,all
`
`taxes, assessments, sewer rents or water rates, which are, or may become,liens on the property at
`the time ofsale with such interest or penalties which may have lawfully accrued thereon to the
`
`date of payment; andit is further
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`14-038653
`
`Judgment ofForeclosure and Sale
`5 of 11
`8 of 14
`8 of 14
`
`Page 5 of 12
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`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`FILED: SARATOGA COUNTY CLERK 05/26/2022 09:60 B
`NYSCEF DOC. NO. 99
`
`NYSCEF DOC. NO. 290
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
`
`INDEX NO. 20157
`INDEX NO. 20157
`
`
`RECEIVED NYSCEF: 05/20/2022
`
`
`
`RECEIVED NYSCEF: 06/28/2022
`RECEIVED NYSCEF: 06/08/2022
`
`ORDERED, ADJUDGED, AND DECREEDthatthe Referee then depositthe balance
`ofsaid proceeds ofsale in his/her own name as Referee in their I.O.L.A. account maintained for
`
`legal clients, and shall thereafter make the following payments in accordance with RPAPL §1354,
`
`as foliows:
`
`FIRST: The Referee’s statutory fees for conducting the sale, in accordance with
`
`CPLR 8003(b), not to exceed $750.00 unless the property sells for $50,000.00 or more or
`in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee iin
`the sum of$
`50 ‘ o°
`for eachadjournmentor cancellation, unlessthe Referee
`
`caused the delay;
`SECOND:All taxes, assessments, and water rates that are liens upon the property
`
`and monies necessary to redeem the property from any sales for unpaid taxes, assessments,
`
`or water rates that have not 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 accruing after the sale, The Referee shall not be responsible for
`
`the payment ofpenalties 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 onthé
`bills presented and certified by said Referee to be correct, duplicate copies ofwhich shall
`
`be annexedto the report of sale;
`
`FOURTH:The Referee shall then pay to the Plaintiff or its attorney the following:
`Amount Due perReferee’s Report: $263,784.12 with interest at the noteratefrom
`March 31, 2021 until the date of entry of this judgment, together with any advances as
`
`provided for inthe note and Home Equity Conversion Agreement whichPlaintiffhas made
`
`14-038653
`
`Judgment of Foreclosure and Sale
`6 of 11
`8 of 14
`9 of 14
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`Page 6 of 12
`
`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`FILED: SARATOGA COUNTY CLERK 05/26/2022 02:60 B
`NYSCEF DOC. NO. 99
`
`NYSCEF DOC. NO. 290
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
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`INDEX NO. 20157
`INDEX NO. 20157
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`RECEIVED NYSCEF: 05/20/2022
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`
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`RECEIVED NYSCEF: 05/28/2022
`RECEIVED NYSCEF: 06/08/2022
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`for taxes, insurance, principal, and interest, and any other charges due to prior mortgages
`
`or to maintain the property pending consummation ofthis 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 Home Equity
`
`Conversion Agreement, 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: $14,464.37 adjudged to the Plaintiff for costs and
`
`disbursements in this action, with interest at the statutory judgmentrate from the date of
`
`entry ofthis judgment;
`Additional Allowance: $__
`
`“1D
`
`is hereby awarded to Plaintiff in
`
`addition to costs, with interest at the statutory judgmentrate from the date of entry ofthis
`
`judgment, pursuant to CPLR Article 83;
`
`Attorney Fees: $2,000.00 is hereby awarded to Plaintiff as reasonable legal fees
`
`herein, with interest at the statutory rate from the date ofentry ofthis judgment;
`FIFTH: Surplus monies arising from the sale shall be paid into court by the officer
`
`conducting the sale within five daysafter receipt in accordance with RPAPL §1354(4) and
`fundsshall be deposited with the Clerk ofthe Court; and it is further
`
`ORDERED, ADJUDGED AND DECREED thatif the Plaintiff is the purchaser of the
`property, or in the eventthat the rights ofthe purchasers at such sale and the terms ofsale 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 Plaintiff to pay in cash the entire amount
`
`bid at sald sale, but shall execute and deliver to the Plaintiff or its assignee, a deed or deeds ofthe
`
`property sold upon the paymentto said Referee ofthe amounts specified in items marked“First”,
`
`14-038653
`
`Judgment ofForeclosure and Sale
`7 of 11
`TO off 104
`10 of 14
`
`Page 7 of 12
`
`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`FILED: SARATOGA COUNTY CLERK 05/26/2022 09:80 B
`NYSCEF DOC. NO. 99
`
`NYSCEF DOC. NO. 290
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
`
`INDEX NO. 20157
`INDEX NO. 20157
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`
`
`RECEIVED NYSCEF: 05/20/2022
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`RECEIVED NYSCEF: 05/28/2022
`RECEIVED NYSCEF: 06/08/2022
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`“Second”, and“Third” above; thattheReftreeshallallowthePlaintifftopaytheamounts specified
`in “Second” and “Third” above whenit is recording the deed; that the balance of the bid; after
`
`deducting the amounts paid by the Plaintiff, shall be applied to the amount due to Plaintiff as
`specified in paragraph “Fourth” above; that Plaintiff shall pay any surplus after applying the
`balanceofthe bid to the Referee, who shall deposit it in accordance with paragraph “Fifth” above;
`andit is further
`
`ORDERED, ADJUDGED AND DECREEDthatall expenses ofrecording the Refetee’s
`
`deed, including real property transfer tax, which is not a lien pon the property at the timeofsale,
`
`shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax.
`
`shall be paid in accordance with Tax Law §1404;andit is further
`ORDERED, ADJUDGED AND DECREEDthat the mortgaged property is to be sold in
`one parcel in “ag is” physical order and condition, subject to any condition that an inspectionSf
`
`the property would disclose; any 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, ifany; any building and zoning ordinances ofthe 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 ofrecord, if any, except those liens addressed in
`
`RPAPL §1354; any equity ofredemption of the United States of America to redeem the property
`
`within 120 days from the date of sale; and any rights pursuant to CPLR 317, 2003, and 5015,or
`
`any eppeal of the underlying action or additional litigation brought by any defendant or its
`
`successor or assignee contesting the validity ofthis foreclosure; andit is further
`
`14-038653
`
`Judgment of Foreclosure and Sale
`8 of 11
`181 off 104
`11 of 14
`
`Page 8 of 12
`
`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`FILED: SARATOGA COUNTY CLERK 05/08/2022 02:60 B
`NYSCEF DOC. NO. 99
`
`NYSCEF DOC. NO. 100
`NYSCEF DOC. NO. 290
`
`INDEX NO. 20157
`
`INDEX NO. 20157
`INDEX NO. 20157
`
`
`
`RECEIVED NYSCEF: 05/20/2022
`
`RECEIVED NYSCEF: 06/08/2022
`RECEIVED NYSCEF: 05/28/2022
`
`ORDERED, ADJUDGED ANI) DECREED that the purchaserbe let into possession of
`
`the property upon production in hand of the Referee’s Deed or upon personal service of the
`
`Referee's deed in accordance with CPLR 308;andit is further
`ORDERED, ADJUDGED AND DECREEDthat the Defendants in this action and all
`
`persons claiming through them and any person obtaining an interest in the property after the filing
`
`ofthe Notice ofPendency are barred and foreclosed ofall right, claim,lien,title, and interest in
`
`the property after the sale of the mortgaged property; and it is further
`
`ORDERED, ADJUDGED AND DECREEDthat within 30 days after completing the sale
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`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 clerk a report underoath ofthe disposition ofthe
`
`proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules
`
`regarding handling of Surplus Monies; and it is further
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`ORDERED, ADJUDGED AND DECREEDthatif the purchaser or purchasers at said
`sale default(s) upon the bid and/or the terms ofsale the Referee may place the property for resale
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`without prior application to the Court unless Plaintiff's attorneys shall elect to make such
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`application; and it is further
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`ORDERED, ADJUDGED AND DECREEDthat Plaintiff shall serve a copy of this
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`Judgment with Notice of Entry upon the owner of the equity ofredemption, any tenants named in .
`this action, and any other parties or persons entitled to service, including the Referee appointed
`herein; andit is further
`|
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`ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to
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`telieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and
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`14-038653
`
`Judgment ofForeclosure and Sale
`
`—
`
`Page 9 of 12
`
`9 of 11
`1D coff 1114
`12 of 14
`
`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`FILED: SARATOGA COUNTY CLERK 05/26/2022 09:80 B
`NYSCEF DOC. NO. 99
`NYSCEF DOC. NO. 200
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
`INDEX NO. 20157
`INDEX NO. 20157
`RECEIVED NYSCEF: 05/20/2022
`RECEIVED NYSCEF: 06/26/2022
`RECEIVED NYSCEF: 06/08/2022
`
`maintain the property until such time as ownership of the property has been transferred and the
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`deed duly recorded; and it is further
`ORDERED, ADJUDGED AND DECREED that toensure compliance herewith,
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`Plaintiff shall file a written report with the court within six months from the date ofentry of this
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`judgmentstating whether the sale has occurred and the outcome thereof; and it further
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`ORDERED, ADJUDGED AND DECREED that, when the Referee files a report ofsale,
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`he or she shall concurrently file a Foreclosure Actions Surplus Monies Form;and it is further
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`ORDERED, ADJCDGED AND DECREED that to ensure compliance herewith,
`Plaintiffshall file awritten report with the court within sixmonths fromthe date ofentry ofthis
`
`judgment stating whether the sale has occurred and the outcomethereof and it further
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`ORDERED, ADJUDGED AND DECREEDthat the Guardian ad Litem and Military
`herein, Allen L, Yates, Esq.be paid the sum of $250.00 for services rendered herein.
`Saidproperty is commonly known as 712 Swaggertown Road, Scotia, NY 12302,
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`The legal description of the mortgaged property referred to herein is annexed hereto as
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`Schedule A.
`
`DATED:
`
`BD,
`
`20
`
`(iape
`
`Entered
`
`Saratoga County Clerk
`05/20/2022
`
`Attorneycertificationpursuant
`to 22NYCRR §130-1,1-a
`is affixed to inside cover,
`
`ENTER
`
`
`TasooftheSupremeCourt
`
`Hon. James A. Murphy,EI
`County Court Judge
`. ActingSupremeCourtJustice
`
`14-038653
`
`Judgment ofForeclosure and Sale
`10 of 11
`18 of 14
`13 of 14
`
`Page 10 of 12
`
`

`

`FILED: SARATOGA COUNTY CLERK 05/20/2022 09:00 AM
`FILED: SARATOGA COUNTY CLERK 06/08/2022 02:37 PM
`FILED: SARATOGA COUNTY CLERK 05/08/2022 02:60 B
`NYSCEF DOC. NO. 99
`
`NYSCEF DOC. NO. 290
`NYSCEF DOC. NO. 100
`
`INDEX NO. 20157
`
`INDEX NO. 20157
`INDEX NO. 20157
`
`
`
`
`RECEIVED NYSCEF: 05/20/2022
`
`RECEIVED NYSCEF: 05/28/2022
`RECEIVED NYSCEF: 06/08/2022
`
`SCHEDULEA —_«_—say
`_ DESCRIPTION OFMORTGAGED PREMISES
`
`
`
`
`
`7\ ALM Unttract,placeor jeiceelofand,with Ge paulimprevements thereen,altento,
`
`particnlactybounded
`
`Jyegaadpolarisoe'founofConsscotConyettStateofNewYork,betagneers
`etsueepwaneeeragidceearena
`Bd£7anteen174tpieryey
`NsleadssararVode451.3fettowGtat(ee
`thomeealongtheengtorly
`Bosal,N.8dey9‘EyersdhcoerLSAdet
`oereeehlaclDecteasagbahaylieervesttdictasanstoresrims ..,
`
`
`
`
`
`meacingata GnthieLasieciythes platfn-diiteht260,00
`
`oof
`
`,
`
`=
`
`.
`
`e
`
`11 of 11
`14 of 14
`14 of 14
`
`