Gustavia Home, LLC v. Owusu et al

Filing 51

AMENDED JUDGMENT OF FORECLOSURE AND SALE: NOW, the Court finds that the amount due on the Note ("Note") and Mortgage 1s$140,827.80. IT IS ORDERED AND ADJUDGED, that the mortgaged premises described in the Complaint and described in Sch edule "A" annexed hereto and sold pursuant to this Judgment. Together with all right, title and interest of the owner thereof, if any, in and to the land lying in the streets and road in front of the adjoining said premises, to the center line thereof. (And as further set forth herein.) (Signed by Judge Ronnie Abrams on 11/26/2019) (jca)

US DC-SONY
DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK.

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GUST A VIA HOME, LLC,

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Plaintiff:
-against-

AMENDED JUDGMENT
OF FORECLOSURE
AND SALE

ANNETTE OWUSU; and JOHN DOE "l" through "12",
said persons or parties having or claimed to have a right,
title or interest in the Mortgaged premises herein, their
respective names are presently unknown to the Plaintiff,
Defendants.

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On the Summons in a Civil Action (the "Summons") and Verified Complaint and (the
"Complaint") filed herein on July 18, 2016; on the Notice of Pendency filed in the Bronx County
Clerk's Office on August 4, 2016; and upon the Memorandum Opinion & Order of the Honorable
Ronnie Abrams entered on May 8, 2018 granting Plaintiff's Motion for Summary Judgment
against Defendant Annette Owusu; and upon the Affidavit of Statement of Damages of Jared
Dotoli, Member of Gustavia Home, LLC, dated May 14, 2018;
NOW, the Court finds that the amount due on the Note ("Note") and Mortgage 1s
$140,827.80.

IT IS ORDERED AND ADJUDGED, that the mortgaged premises described in the
Complaint and described in Schedule "A" annexed hereto and sold pursuant to this Judgment.
Together with all right, title and interest of the owner thereof, if any, in and to the land
lying in the streets and road in front of the adjoining said premises, to the center line thereof.
Together with all fixtures and articles of personnel property annexed to, installed in, or
used in connection with the mortgage premises, all as more fully set forth in the aforementioned
mortgage, be sold in one parcel subject to the following any state of facts that an accurate survey
may show; easements, covenants, restrictions or reservations or records, if any; zoning restrictions

and any amendments thereto according to law now in force; existing violations and orders of the
appropriate departments of any City, Town or Village, if any; the physical condition of the
premises at the time of closing; and with any apportionments or adjustments; at public auction to
be held at the Rotunda of the New York County Courthouse, 60 Centre Street, New York, New
York 10007, by and under the direction of Mark L. McKew, Esq., who is hereby designated as
Referee herein to sell the mortgaged premises in accordance with that purpose; that said Referee
give public notice of the time and place of such sale in accordance with RP APL §231 in The Daily
News and in the case the Plaintiff shall become the purchaser at the said sale, Plaintiff shall not be
required to make any deposit thereon, that said Referee or his duly appointed designee, execute to
the purchaser or purchasers on such a sale a deed of the premises sold, that in the event a third
party other than the Plaintiff becomes the purchaser or purchasers at such sale, the closing of ti tie
shall be had thirty days after such sale unless otherwise stipulated by all parties to the sale; and it
is further
ORDERED that said Referee or his duly appointed designee then deposit the balance of

said proceeds of the sale in his/her own name as Referee in an FDIC Insured Bank and shall
thereafter make the following payments and his/her checks drawn for that purpose shall be paid
by said depository.
1st

The sum of $750.00 to said Referee for his fees herein.

2nd

The expenses of the sale and the advertising expenses as shown on the bills

presented to said Referee and certified by him to be correct, duplicate copies of which shall be left
with said depository.
3rd

And also the sum of $140,827.80 (inclusive of costs), the amount computed and

adjudged to Plaintiff as aforesaid, and also the amount of any sums expended by Plaintiff: for
taxes, assessments, water rates and sewer rents, with interest and penalties accrued thereon, or so

much thereof as the purchase money of the mmigaged premises will pay of the same; and it is
further
ORDERED AND ADJUDGED, that said Referee or his duly appointed designee shall
take the receipt of Plaintiff or its attorney for the amounts paid as directed in item marked "3 rd "
and shall file it with his report of sale. That said Referee or his duly appointed designee shall
deposit the surplus monies, if any, with the aforesaid depository, 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 Court.
In the event that the Plaintiff or a governmental agency thereof is the purchaser of said
mortgaged premises at said sale, or in the event that the rights of the purchaser at said sale and the
terms 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 the said Reforee or his duly
appointed designee 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
in the items marked "I st" and "2 nd " and shall also pay the amount of the aforesaid taxes,
assessments, water rates, sewer rents and interest and penalties thereon, if any. Said Referee or his
duly appointed designee shall apply the balance of the amount bid after deducting therefrom the
aforesaid amount paid by Plaintiff or such governmental agency, to the amounts due Plaintiff in
the item marked "3 rd ", and if there be a surplus over and above said amounts due Plaintiff: Plaintiff
shall pay to said Referee or his duly appointed designee upon delivery of said Referee's Deed, the
amount of such surplus, and said Referee or his duly appointed designees shall deposit said surplus
as hereinabovc directed.

Said Referee or his duly appointed designee shall make his report of such sale and shall
file it with the Clerk of the Court with all convenient speed; and it is further
ORDERED AND ADJUDGED, that the purchaser at said sale be let into possession on
production of the said Referee or his duly appointed designee's deed; and it is further
ORDERED AND ADJUDGED, that each and all of the Defendants in this action, and all
the persons claiming under them, or nay or either of them, after filing of the notice of the pendency
of this action, be and hereby be forever barred and foreclosed of all right, title, claim, interest, lien
and equity of redemption in said mortgaged premises and each and every party thereof; and it is
further
ORDERED, AD.JUDGED 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;
any covenants, restrictions, declarations, reservations, easements, rights of way and public utility
agreements 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 person in
possession of the subject premises; prior Iien(s) of record, if any, except those liens addressed in
section 1354 of the Real Property Actions and Proceedings Law. Said premises commonly known
as 2347 Wickham Avenue, Bronx, New York 10469. A description of said mortgaged premises is
annexed hereto and made a part hereof as Schedule "A".

Dated: New York, New York

lt/.,AL-:

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2-1r, , 2019

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--------------Honor ble Ronnie Abrams
United States District Court Judge

Closing USA, LLC
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
Title No.: DS150037211

ALL that certain plot, piece or parcel of land, with the buildings and improve111e11ts
thereon erected, situate, lying and being in the Borough and Collnty of Bronx, City and
State of New York, Tax Map Designation: Block 4406, Lot 44, bounded and described as
follows:
BEGINNING at a point on the westerly side of Wickham Avenue1 distant 100 feet
southerly from the comer formed by the intersection of the southerly side of Waring
A venue and the westerly side of Wickham Avenue;
RUNNING THENCE westerly and parallel with Waring Avenue, 100 feet;
THENCE southerly and parallel with Wickham Avenue, 40 feet;
THENCE eastedy and parallel with Waring Avenue, I00 foet to the westerly side of
Wickham Avenue; and
THENCE no11herly along the westerly side of Wickham Avenue, 40 feet to the point 01·

place of BBGINNING.