United States of America v. Reichling et al

Filing 18

JUDGMENT of FORECLOSURE and SALE in favor of United States of America against Nassau County Dept. of Social Services, Christine Cody, Ryan Cody. Ordered by Judge Sandra J. Feuerstein on 10/8/2013. (Florio, Lisa)

Case 2:12-cv-06108-SJF-ARL Document 15-1 Filed 09/09/13 Page 41 of 47 PageiD #: 163

UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF NEW YORK

Docket No.: 12-6108

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UNITED STATES OF AMERICA,

OCT OB IOIJ

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LONG ISLANO OFFICE:

Plaintiff,

Christine cody, heir at law of Annette
Reichling a/kJa/ Antoinette Reich.ling, Ryan
cody, as a tenant in possession of the premises
known as 227 Sullivan Avenue, South
Farmingdale, New York 11735, Sec. 48/ Bl.
462/Lot 64, and Nassau County Dept. of
Social Services,
Defendants.

CL~~~flfFicF

IN
US DISTRICT COURT E oN y

JUDGMENT OF
FORECLOSURE AND SALE
(SJF)

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On the summons and complaint filed herein on December 26, 2012; on the notice
of Pendency filed in the office of the Clerk of NassiW County on January 14, 2013; on the
annexed declaration of Dolores M. lannarone, Attorney for Plaloliff, executed on September 6,
2013; on the Affidavit of Account and Statement of Indebtedness of Barbara Kcmry, Contra<:!
Manager for Deval LLC, Independent Contractor for the U.S. Deplrrtment of Housing and Urban
Development, sworn to on 29' 0 day of August, 2013; on the returns of service on the defendants;
and upon all of the proceedings had herein, the Court finds that:
This action was brought to foreclose a mortgage on real property siruared in tbe
County of Nassau.
The entire balance of the principal sum secured by said mortgage, $358,897. I 5
with interest from September 3, 2JX1l and with carrying charges expended by plaintiff, is now
due and payable.
AU of the defendants herein have been duly served with the summons and
complaint. The time 10 answer or move with respect to the complaint has expired as to eacll and

case 2:12-cv-06108-SJF-ARL Document 15-1 Filed 09/09113 Page 42 of 47 PageiD #: 164

all of said defendants and the same has not been extended by consent or by order of this Court

No answer or motion directed to the complaint has been inte!:pOSOO by or on behalf of any
defendant None of the defendants is an infant, incompetent or absentee. Accordingly, each and
all of the defendants ate in default.
A notice of pendency containing all of the paniculars required by law has been
duly filed as aforesaid.
The mortgaged premises should be sold in one parcel.
The amount computed by the Court to be due 10 plaintiff on the bond and
mortgage described in the complaint is now $358,897.15 with interest and advances fur real
estate taxes, assessments, water rates and other charges apended by plaintiff through September
30, 2013 and does include interest credit subject 10 recapture pursuant to 42 U.S.C. § 1490a,
amounting in all to the sum of$131,611.22, Service fees pursuant as set forth io HUD handboolr.
4330.1 (13-15) in the sum of $6,840.00, and Mortgage Insurance Premium advances for taJt
payments and insurance as set forth in 24 CFR 206.27 and 206.103 et seq. and HUD handbook
4330.1 (13014) et seq.) in the amount of $18,610.71, plus costs and disbursements of $909.00
with interest as aforesaid.
NOW, on motion of p1aintiffUnlted States of America, it is
ORDERED AND ADJUDGED, that the default of each and all of the defendants
be, and the same hereby is, noted; and it is furthet

ORDERED AND ADJUDGED, that the plaintiff have judgment herein fur the
sum of $358.897.15, including interest that accrued in accordance with the adjustable rate
notelmortgagelrider with an initial signing rate of 7.640.% per annum and adjustable every year
thereafter with the current rate of interest being; 2.640% with a per diem mte of $30.87, with

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Case 2"12-cv-06108-SJF-ARL Document15-1 Filed 09/09113 Page 43 of 47 PageiD #: 165

int=st accrued of $131,611.22, Service fees of $6,840.00, Mortgage Insurance Premiums
(MIP): Rdvances for tax payme11.1s and insUrance of $18,610.71.00 from September 30, 2013 to
the date of entry of judgment and thereafter at the legal rate; and for the sum of $909.00, as taxed

by tbe Court for the costs and disbursements of plaintiff in this action, with interest as aforesaid,
and it is further

ORDERED AND ADJUDGED, that the mortgaged premises described in the
complaint and as he.eina.fter described, be sold in one parcel, subject to the following: any sta.te
of facts that an accurate survey may show; easements, covenants, restrictions or =vations of
record. if any; zoning restrictions and any amendments thereto according to law, and now in

force; existing violations and orders of the appropriate departments of lltiY City, Town or Village,

if any; the physical condition of the premises at the time of closing; and without any
apportionments or adjustments; at public auction to be held in the lobby of the United States
District Coun, Eastern District of New York, Long Island Federal Counbouse, 100 Federal
Plaza, Central Islip, New York by and under the direction of William Wexler, Esq., who is
hereby !lppOinted Mastec for that purpose; that said Mastec give public notice of the time and
place of said sale according to federal Jaw and the practice of this Court by advertising in
Newsdav. a daily newsnaper; that plaintiff or a governmental agency thereof or any other party
to this action may become the purchaser at such sale; that in the event plaintiff or such

governmental agency shall become the purchaser at the said sale it shall not be required to make
any deposit thereon; that said Master execute and deliver to the purchaser at such sale a deed of
the premises sold; All taxes, assessments, water rates and other encumbnmces which at the time

of sale are liens or encumbrances upon said premises will be paid by the Purchaser in addition to
the bid price, unless the purchaser shall, previous to the delivery of the Deed, produce to the

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case 2:12-cv-06108-SJF-ARL Document 15-1 Filed 09/09113 Page 44 of 47 PageiD #: 166

Master proof of the payment of such liens or encumbrances including any interest or penalties
due which may lawfully have accrued thereon to the day of the payment. Any state or local real
estate transfer tax or real property transfer tax will be paid by the purchaser.
That the said Master then deposit the balance of said proceeds of sale in his own
name as Master in the Chase Bank, located at Deer Park, New York, Wid shall thereafter make
the following payments and his checks drawn for that purpose sbali be paid by said depository:

lst; The sum of $750.00 to sald Master for his fees herein.
2nd: The expenses of the sale and the advenising eT>penses as shown on the bills
presented to said Master and cenificd by him to be correct, duplicate copies of which shall be left
with said depository.

3rd: The sum of $909.00 to plaintiff, adjudged as aforesaid to plaintiff for its COSIS
and disbursements in this action, with interest from the date hereof: and also the sum of
$358,897.15 the amount computed by the Coun and adjudged to plaintiff as aforesaid, with
Interest from September 30, 2013.
Said Master shall take the receipt of plaintiff or its attorney for the amounts paid
as directed in item marked "3rd" and shall file it with his report of sale. Said Master shall
deposit the surplus moneys, if any, with the Clerk of this Coun Within 5 days after the same shall
be received and ascertainable, to the credit of this action, to be withdrawn only on the order of a
Judge of this Coun.
In the event that plaintiff or a governmental agency thereof is the purchaser of

said mongaged premises at said sale, or ia the event that the rights of the purchaser at said sale
and the IenoS of sale under this judgment shall be assigned to and be acquired by plaintiff or any
such governmental agency. and a valid assignment thereof be filed with said Mas!er, said Master

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shall not require plaintiff or such governmental agency to pay in cash the amount bid at such
sale, but shall execute and deliver to plaintiff or such governmental agency a deed of the

premises sold.
Plaintiff or such governmental agency shall pay the amount specified above in
items marked "1st", "2nd" and "3rd" and shall also pay the amount of the aforesaid taxes,
assessments, water rates, sewer rents and interest and penalties thereon, if any. Said Master shall
apply the balance of the amount bid, after deducting therefrom the aforesaid amounts paid by
plaintiff or such govemmental agency, to the amounts due plaintiff in item marked "3rd", and if
there be a surplus over and above said amounts due and allowed to plaintiff, plaintiff shall pay to
said Master, upon delivery of said Master's Deed, the amount of such surplus, and said Master
shall deposit said surplus as hereinabove directed.
Said Master shall make his repon of such sale and shall file it with the Clerk of
the Conn with all convenient speed. If the proceeds of such sale be insufficient to pay the
amount adjudged due to plaintiff with the

e~:penses,

interests and costs as aforesaid, said Master

shall specify the amount of such deficiency in his repon of sale; and it is funher

ORDERED AND ADJUDGED, that the purchaser at said sale he let into
possession on production of the Master's deed; and it is funher
ORDERED AND ADJUDGED, that eoch and all of the defendants in this
action, and all the persons claiming under them, or any or either of them. after the filing of the
notice of the pendency of this action, be and they hereby are forever barred and foreclosed of all
right, title, claim, interest, lien and equity of redemption in said mongaged premises and each
and every part thereof.

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Case 2:12-cv-06108-SJF-ARL

Documer~t

15-1 Filed 09109/13 Page 46 of 47 PageiD #: 168

The premises affected by this action are situated entirely within the County of Nassau and

State of New Yorlc and are designated as: 227 Sullivan Avenue, South Farmingdale, New York
11735, Section: 48.00, Block: 462.00, and Lot: 64.000, and are further described as follows:
See Annexed "SCHEDULE A- Description of Property"
Together with all right. title and interest of the owner, if any, in and to the land lying in
the streets and roads In front of and adjoining said premises, to the center line thereof.
Together with all fixtures and artictes of personal property annexed to, installed in, or
used in connection with the mortgaged premises, as is more fully set out in said Mortgage.
Dated:

lOI&IJ3

,NewYork

s/ Sandra J. Feuerstein
HONORABLE
United States District Judge

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case 2:12-cv-06108-SJF:ffl,W ~

tfdh ~9Rl@ua~as, 47 of 47 PageiD #: 169

SCHEDULE A
DESCRIPTION
Title N~. SP28180-N

ALL that certain plot piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being at Fanningdale, in the Town of Oyster Bay,
County of Nassau and State of New York, known and designated as and by part of Lot
Number 38, and all of Lots Numbered 39, 40 and 41 in Block 128 on a certain map
entitled, "Section 2", Properties at Farmingdale, Nassau County, New York, Fall wood
Realty Corporation, surveyed by C.W. Smith, C.E. & S., April9, 1917", and filed in the
Office of the Clerk of the County of Nassau on April20, 1917 as Map No. 38, Case No.
279, which said lots are part of said lots are more particularly bounded and described
according to said map as follows:
BEGINNING at a point on the northerly side of Sullivan Avenue, being distant 150 feet,
easterly from the comer formed by the intersection of the easterly side of Hart Street and
the northerly side of Sullivan A venue;
RUNNING TIIENCE northerly at right angles to the northerly side of Sullivan Avenue,
100.00 feet;
RUNNING THENCE east parallel to the northerly side of Sullivan Avenue, 70.00 feet;
RUNNING THENCE southerly at right angles to the northerly side of Sullivan Avenue
100.00 feet to the northerly side of Sullivan Avenue and
RUNNING THENCE westerly along the northerly side of Sullivan Avenue 70.00 feet to
the point or place ofBEGlNNING.