`
`INDEX NO. 20157
`INDEX NO. 20157
`FILED: SARATOGA COUNTY CLERK 01/25/2022 09:00 AM
`
`
`RECEIVED NeesonNQ1 872022:
`RECEIVED NYSCEF: 01/28/2022
`NYSCEF DOC. NO. 70
`RECEIVED NYSCEF: 12/15/2021
`“"NYSCEF DOC. NO. 66
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`
`
`
`
`B ORIGINAL
`
`AtPart___oftheSupremeCourtheld
`the a5 7tay of Tener , 2022,
`|
`
`in the County of Saratoga, at the
`Courthouse thereof, on
`
`II, A.J.S.C.
`PRESENT: Hon, James A. Murphy,
`
`frine” JUSTICE OF THE SUPREME COURT
`
`
`Nationstar Mortgage LLC d/b/a Champion Mortgage
`Company,
`
`INDEX NO,: 20157
`
`ORDER OF REFERENCE
`AND-DEFAULT JUDGMENT
`
` ,
`
`
`
`
`
`Vv
`
`Montgomery County Treasurer, as the Limited
`Administrator ofthe Estate of Emily Califano a/k/a
`EmilyJane Califano;The United States ofAmerica
`acting through TheSecretary of Housing and Urban
`Development; Richard Hess; Jeffrey Hess: MarkHess;
`Lawrence Hess; Elaine Yaksta; Scott Hess; John Dence;
`James Dence; Dorothy Scherenberger; Deborah
`StephenHess; Alfted Williamsa/k/aAlfiedRobert
`Pietrantozzi; Sharon James; Kathleen James; John Hess;
`Williams; New YorkState Department ofTaxation and
`Finance,
`Defendani(s).
`
`MORTGAGED PROPERTY:
`712 Swaggertown Road
`Scotia, NY 12302
`
`|
`|
`
`4
`
`COUNTY:Saratoga, &
`Tea gt
`Ao
`(minty oe
`SBL #: Section 25¢;Block ieRet
`66
`=e ms
`Mortgage Servicers=ie Covper
`MortgageServicelle=
`to iss
`(888) 480-2432 ey ro
`
`“7
`rj
`©}
`
`co
`
`UPON the Summons, Complaint, and Notice of Pendency filed in this action on the Sth
`
`day ofJanuary, 2015, the Supplemental Summons and Amended Complaintfiled on the 23rd day
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` Motion dated November 4 , 2021 the affirmation of Brent Surgeoner, Esq., andthe exhibits
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`ofJanuary, 2020, the Additional Notice of Pendency filed on November 9, 2020, the Notice of
`
`
`
`
`
`annexed thereto, the affidavit ofmerit and amount due by Erin Naylor whois Assistant Secretary
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`of Champion Mortgage, duly sworn to on May 20, 2021, together with the exhibits attached
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`thereto, and all prior papers filed in this action and prior proceedings had herein; and
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`1 of 4
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`1 of 4
`1 of 4
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` : TEED:SARE
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`INDEX NO.
`INDEX NO. 20157
`FILED: SARATOGA COUNTY CLERK 01/25/2022 09:00 AM
`easttyae09:00
`
`
`RECEIVED NYSPES NG. 7827022
`
`
`
`NYSCEF DOC. NO. 70
`RECEIVED NYSCEF: 01/28/2022
`YSCEF poc. NO,“56
`RECEIVED NYSCEF: 12/15/2021
`
`
`
`
`UPONproofthat each of the defendants herein has been duly served with the Summons
`
`and Complaint and/or Supplemental Summons and Complaintin this action and required notices,
`except for Sharon James whoPlaintiffseeks to drop as a defendant inthe action; and |
`UPON a Notice of Appearance by The United States of America acting through The
`Secretary of Housingand Urban Development;
`
`ANDit appearing that the defendant(s)/mortgagor(s) is/are not resident(s) of the property
`
`subject to foreclosure;
`
`ANDit appearing that Montgomery County Treasurer and Richard Hess and Mark Hess
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`andJeffrey Hess and Lawrence Hess and Elaine Yaksta and ScottHess and John Dence and James.
`
`Dence and Dorothy Scherenberger and Deborah Pletrantozzi and Kathleen James and John Hess
`
`and Stephen Hess and Alfred Williams and New York State Department ofTaxation and Finance
`
`|
`
`time to answer the complaint has expired;
`ANDit appearing to the satisfaction ofthis court that this action wasbroughtto foreclose
`a Home Equity Conversion Mortgage and Agreementonreal property located at 712 Swaggertown
`
`Road, Scotia, NY 12302, in the County of Saratoga, State of New York, Section 256. Block 1 Lot
`
`66,
`
`NOW,on motion by LOGS Legal Group LLP ffk/a Shapiro, DiCaro & Barak, LLC,
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`attorneyfor the Plaintiff, it is hereby
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`ORDEREDthat defendants Montgomery County Treasurer and Richard Hess and Mark ~
`Hessand Jeffrey Hess and Lawrence Hess and Elaine Yaksta and Scott Hess and John Dence and
`
`James Dence and Dorothy Scherenberger and Deborah Pletrantozzi and Kathleen James and John
`
`Hess and Stephen Hess and Alfred Williams and New York State Department of Taxation and
`
`Finance and are determinedto be in default; and it is further
`
`14-038653
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`
`
`Order of Reference
`2 of 4
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`2 of 4
`2 of 4
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`Page 2 of4
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`

`

`
`
`INDEX NO. 20157
`FILED: SARATOGA COUNTY CLERK 01/25/2022 09:00 AM
`r
`(25/2022 09:00
`TNDEX NO. 20157.
`
`
`
`NY!FILED:SARATOCACOUNTYCLERK 11/087(08/ 7202111:12AM
`RECEIVED, NYMCHE NQ. 7PdPF022"°
`
`
`
`
`NYSCEF DOC. NO. 70
`RECEIVED NYSCEF: 01/28/2022
`NYSCEF DOC, NO. 66
`RECEIVED NYSCEF: 12/15/2021
`
` .
`
`
`Hives Stam, ORDERED that ElewaYeFreJe Fie Kean with an address of
`
`. aA 2 Sinte. Stan? ALBAYY, v7
`»
`Is hereby appointed Referee,
`in accordance with
`(sig) yab- 0757
`/2207-
`Skeaw ©, Hinyan Stravb Cong
`RPAPL $1321, to compute the amount due to Plaintiff and to examine whether the mortgaged...
`
`-
`
`
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`property may be sold in parcels; andit is further
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`ORDEREDthat the Referee make his/her computation and report with all convenient
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`speed; andit is further
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`~ORDEREDthat, ifnecessary,the Refereemay taketestimonypursuanttoRPAPL §1321;.
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`and it is further
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`i i
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`ORDEREDthat by accepting this appointment the Referee certifies that he/she is in
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`compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
`
`limited to §36.2(c) ("Disqualifications from appointment"), and §36.2(d) ("Limitations on
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`appointments based upon compensation"), and, if the Referee is disqualified from receiving an
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`appointment pursuant tothe provisions of that Rule, the Referee shall immediately notify the
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`Appointing Judge; andit is further
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`ORDEREDthat, pursuant to CPLR 8003(a), the statutory fee of $350.00, or in the -
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`discretion of thecourt, a fee of $_—~_, shall be paid to the Referee for the computation of the
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`amount due. and upon thefiling of his/her report.and the Referee shall not request or accept
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`additional compensation for the computation unless it has been fixed by the court in accordance
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`- with CPLR8003(a); andit is further
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`ORDEREDthat the Referee is prohibited from accepting or retaining any fundsfor
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`him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
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`ChiefAdministrative Judge; andit is further
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`14-038653
`
`Order ofReference
`3 of 4
`3 0f 4
`3 of 4
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`Page 3 of 4
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`wel EE :
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`pe
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`
`
`INDEX NO. 20157
`INDEX NO. 20157
`FILED; SARATOGA COUNTY CLERK 01/25/2022 09:00
`FILED: SARATOGA COUNTY CLERK 01/25/2022 09:00 AM
`
`
`
`nvGane:SARATOGACOUNTYCLERK11/TOGACOUNTYCLERK11/08/202111712AM RECEIVED NYSRES NQy APPJ022
`
`
`
`
`RECEIVED NYSCEF: 01/28/2022
`NYSCEF DOC. NO. 70
`“NYSCEF boc. NO. 66
`RECEIVED NYSCEF: 12/15/2021
`
`
`
`
`
`
`ORDERED, that the caption be amended to drop Sharon James as a necessary party
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`Defendant; andit is further
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`- =. ORDERED thatthecaption-shall_read-as-follows:
`
`SUPREME COURT OF THE STATEOF NEW YORK
`COUNTY OF SARATOGA
`
`a
`
`Ae
`
`INDEX NO, 20157
`
`COUNTY:Saratoga.
`
`Nationstar Mortgage LLC d/b/a Champion Mortgage
`Company,
`
`ee
`Plaintiff(s),
`MORTGAGED PROPERTY;
`Vv,
`712 SwaggertownRoad
` Montgomery CountyTreasurer, as the Limited.
`Administrator of the Estate of Emily Califano a/k/a Emily.
`Jane Califano; The United States of America acting
`through The Secretary of Housing and Urban
`Development; Richard Hess; Jeffrey Hess; Mark Hess;
`Lawrence Hess; Elaine Yaksta; Scott Hess; JohnDence;
`James Dence; Dorothy Scherenberger; Deborah
`Pietrantozzi; Kathleen James; John Hess; Stephen Hess;
`Alfred Williams a/k/a Alfred Robert Williams; New York
`StateDepartment ofTaxation and Finance,
`Defendant(s).
`
`
`
`
`
`
`SBL #: Section 256. Block 1 Lot 66
`
`“a
`oe
`
`; and it is further
`
`ORDEREDthat Plaintiff shall serve a copy ofthis Order with notice ofentry onall
`
`parties and personsentitled to notice, including the Referee appointed herein.
`
`Thisconstitutes thedecision and order of the court.
`
`DATED:
`
`| lrs)ro2z.
`
`
`
`Hon. James A. Murphy, JT
`Saratoga County CourtJudge
`Acting Supreme Court Justice-
`
`Order of Reference
`4 of 4
`
`4 of 4
`4 of 4
`
`Page 4 of 4
`
`. fi Le
`.
`Entered Saratoga County Clerk
`
`01/28/2022
`
`14-038653
`
`onae
`
`me
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`