CIT Bank, N.A. v. Neris et al

Filing 84

ORDER GRANTING DEFAULT JUDGMENT AND JUDGMENT OF FORECLOSURE AND SALE: Accordingly, it is herebyORDERED, ADJUDGED AND DECREED, the Plaintiff's motion is granted; and it is further ORDERED, ADJUDGED AND DECREED, the Plaintiff is awarded default j udgment against the Defendants, New York City Environmental Control Board, New York City Parking Violations Bureau, and New York City Department of Housing Preservation and Development, pursuant to Fed. R. Civ. P. 55(b)(2); and it is further ORDERED, ADJUDGED AND DECREED, the Plaintiff is awarded a Judgment of Foreclosure and Sale against the Defendants pursuant to RPAPL § 1351; and it is further ORDERED, ADJUDGED AND DECREED, that Judgment of Foreclosure and Sale is in the amount of � 36;713,476.95 as of February 28, 2022 with an unpaid principal balance of $613,452.36 as of February 28, 2022, with contractual interest at the rate of 3.000 percent which results in a per diem rate of $35.24 until entry of this order an d the statutory rate thereafter and it is further ORDERED, ADJUDGED AND DECREED, that pursuant to CPLR §8003(b), absent application to the court, further court order, and compliance with Part 36 of the Rules of the Chief Judge, the Referee shal l not demand, accept or receive more than the statutory amount of five hundred dollars ($500.00) otherwise payable to the Referee for the foreclosure sale stage, regardless of adjournment, delay or stay of the sale; and it is further ORDERED, ADJUDGED AND DECREED that the property be sold by the Referee, in accordance with RPAPL §1351(1); that the date of the judgment is deemed the date it is entered; and that if the Referee cannot conduct the sale within 90 days of the date of th e judgment, in accordance with Fed. R. Civ. P. §6(b), the time fixed by RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable. (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 9/13/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.

Case 1:18-cv-01511-VM Document 84 Filed 09/13/22 Page 1 of 9

United States District Court
for the
Southern District of New York
CIT BANK, N.A.

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Plaintiff
v.

RAMON NERIS, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
NEW
YORK
CITY
PARKING
VIOLATIONS BUREAU, NEW YORK
CITY DEPARTMENT OF HOUSING
PRESERVATION & DEVELOPMENT
Defendant(s)

Civil Action No. 18-cv-01511
ORDER GRANTING DEFAULT JUDGMENT
AND JUDGMENT OF FORECLOSURE AND
SALE

Before the Court is a motion for default judgment against New York City Environmental Control
Board, New York City Parking Violations Bureau, and New York City Department of Housing
Preservation and Development, pursuant to Fed. R. Civ. P. §55(b)(2) and L. R. Civ. P. §55,
judgment of foreclosure and sale against the Defendants pursuant to New York Real Property
Actions and Proceedings Law (“RPAPL”) §1351, and related relief. The action was commenced
by the filing of a summons and complaint on February 20, 2018, a copy of which was served on
Ramon Neris on March 7, 2018, served on New York City Environmental Control Board on
March 6, 2018, served on New York City Parking Violations Bureau on March 6, 2018 and
served on New York City Department of Housing Preservation & Development on March 6,
2018. Ramon Neris filed an answer on May 24, 2018. The other Defendants failed to answer the
Complaint, the Plaintiff requested a Certificate of Default on April 20, 2018, and such certificate
was entered by the Clerk of the Court on May 1, 2018. On June 2, 20222, the Court filed a
Decision and Order as well as a Judgment against Ramon Neris.
The Plaintiff complied with the rules for securing a default judgment against the non1

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appearing Defendants as well as a judgment of foreclosure and sale under New York law.
Pursuant to RPAPL §1351(1), which states the judgment shall also include the name and
telephone number of the mortgage servicer for a plaintiff involving a mortgage foreclosure of a
one- to four-family residential property; the mortgage loan servicer and attorney-in-fact for the
Plaintiff has the following name and telephone phone number: Loancare, LLC, 800-274-9900
Accordingly, it is hereby
ORDERED, ADJUDGED AND DECREED, the Plaintiff’s motion is granted; and it is
further
ORDERED, ADJUDGED AND DECREED, the Plaintiff is awarded default judgment
against the Defendants, New York City Environmental Control Board, New York City Parking
Violations Bureau, and New York City Department of Housing Preservation and Development,
pursuant to Fed. R. Civ. P. 55(b)(2); and it is further
ORDERED, ADJUDGED AND DECREED, the Plaintiff is awarded a Judgment of
Foreclosure and Sale against the Defendants pursuant to RPAPL § 1351; and it is further
ORDERED, ADJUDGED AND DECREED, that Judgment of Foreclosure and Sale is
in the amount of $713,476.95 as of February 28, 2022 with an unpaid principal balance of
$613,452.36 as of February 28, 2022, with contractual interest at the rate of 3.000 percent
which results in a per diem rate of $35.24 until entry of this order and the statutory rate
thereafter; and it is further
ORDERED, ADJUDGED AND DECREED, the mortgaged property at 64 Clinton
Place, Bronx, NY 10453, (“Property”) cannot be sold in parcels; and it is further
ORDERED, ADJUDGED AND DECREED, that the Property shall be sold pursuant to
RPAPL §1351, a deed be issued in accordance with RPAPL §1353(1) and that the sale proceeds

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be distributed in accordance with RPAPL § 1354; and it is further
ORDERED, ADJUDGED AND DECREED, that the Property be sold in one parcel at
public auction to the highest bidder, as authorized under RPAPL §231(1), at the Rotunda of the
Bronx County Courthouse, 851 Grand Concourse, Bronx, NY 10451, by Joyce A. Brown, Esq.,
40 Rockridge Road, Mount Vernon, NY 914-668-8984, who is hereby appointed Referee to
effectuate the sale of the Property; that public notice of the time and place of the sale be made by
the Referee in compliance with RPAPL § 231(2)(a) and the practice of this Court, and published
in a publication in compliance with RPAPL § 231; and it is further
ORDERED, ADJUDGED AND DECREED, that the Property be sold in “as is”
condition defined as the condition the premises are in as of the date of sale and continuing
through the date of closing, and that said sale shall be subject to:

(a)

Rights of the public and others in and to any part of the Property that lies within
the bounds of any street, alley, or highway; restrictions and easements of record;

(b)

Any state of facts that an accurate, currently dated survey might disclose;

(c)

Rights of tenants, occupants or squatters, if any. It shall be the responsibility of
the Purchaser to evict or remove any parties in possession of the Property being
foreclosed. There shall be no pro-rata adjustment in favor of the purchaser for
any rents that are paid for a period after the date of the foreclosure sale; and

(d)

The right of redemption of the United States of America, if any; and it is further

ORDERED, ADJUDGED AND DECREED, in accordance with RPAPL § 1353(1) that
the Plaintiff or any other parties to this action may become the purchaser or purchasers at such
sale; and it is further

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ORDERED, ADJUDGED AND DECREED, that the Referee at the time of sale may
accept a written bid from the Plaintiff or the Plaintiff’s attorneys, just as though the Plaintiff
were physically present to submit said bid; and it is further
ORDERED, ADJUDGED AND DECREED, that the terms of sale, to the extent they
do not contradict this judgment or violate any law, shall be binding in all respects on the
purchaser; and it is further
ORDERED, ADJUDGED AND DECREED, after sale the Referee shall deposit, in
his/her name as Referee, the initial bid deposit in his/her IOLA or Separate Account, in a bank or
trust company authorized to transact business in New York. This account shall be used solely to
complete the closing of the sale and payment of the items referenced herein as needed; and it is
further
ORDERED, ADJUDGED AND DECREED, that in accordance with RPAPL §1351(1)
upon payment of the purchase price the Referee execute a deed to the purchaser; and it is further
ORDERED, ADJUDGED AND DECREED, that in accordance with RPAPL §1354
upon payment of the purchase price the Referee is directed to make the following payments or
allowance from the sale proceeds to the plaintiff,
FIRST: Payment pursuant to CPLR § 8003, by the Referee of five hundred
dollars ($500.00) which represents the statutory fees for his/her conducting the sale of the
subject Property.
SECOND: Payment by the Referee for the costs of advertising or posting as listed on
bills submitted to and certified by the Referee to be correct.
THIRD: Payment, in accordance with RPAPL § 1354(1) by the Referee to the Plaintiff or
its attorney for the following: amount due Plaintiff; costs and disbursements; attorney fees and an

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additional allowance, if awarded.
Amount Due Plaintiff. $711,947.85 including interest through February 28, 2022,
together with interest at the Note/Loan Modification Agreement rate (3.000%) until the date of
entry of this Judgment, and thereafter at the statutory rate until the date of transfer of the
Referee’s Deed.
Costs and Disbursements. $1,529.10 adjudged to the Plaintiff for costs and
disbursements in the action, which will be taxed by the County Clerk and inserted herein, with
interest at the Judgment rate thereon from the date of entry hereof.
FOURTH: Payment, in accordance with RPAPL §1354(2), of all taxes, assessments and
water rates that are liens upon the Property and redeem the Property from any sales for unpaid
taxes, assessments, or water rates that have not apparently become absolute with such interest or
penalties which may lawfully have accrued thereon to the day of payment.
ORDERED, ADJUDGED AND DECREED, that Plaintiff may, after entry of this
judgment, make all necessary advances for inspections and maintenance of the Property, taxes,
insurance premiums or other advances necessary to preserve the Property, whether or not said
advances were made prior to or after entry of judgment, so long as said advances are not
included in the amount due Plaintiff awarded herein, and that the Referee be provided with
receipts for said expenditures, which amounts together with interest thereon at the Note rate from
the date of the expense until the date of entry of this Judgment, then with interest at the Judgment
rate until the date of transfer of the Referee’s Deed shall be included in the amount due Plaintiff;
and it is further
ORDERED, ADJUDGED AND DECREED, that if the Plaintiff is the purchaser at
sale, the Referee shall not require the Plaintiff to pay either a deposit or the bid amount, but shall

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execute and deliver to the Plaintiff a Deed of the premises sold upon the payment of the statutory
fees of $500.00 for conducting the sale of the subject Property. Plaintiff shall provide the
Referee with proof of the amounts paid for taxes, assessments and water rates upon recording of
the deed. The balance of the bid amount shall be applied to the amounts due to the Plaintiff as
specified herein and that if after applying the balance of the bid amount there is a surplus,
Plaintiff shall pay it to the Referee, who shall deposit the funds. In accordance with RPAPL
§1354(4), the Referee shall take receipts for the money so paid out by him/her and file the same
with his/her report of sale, and that he/she deposit the surplus moneys, if any, with the Treasurer
of Bronx County within five (5) days after same shall be received and ascertainable, to the credit
of this action, to be withdrawn only upon the order of the court, signed by a Justice of this Court;
that the Referee make a report of such sale under oath showing the disposition of the proceeds of
the sale and accompanied by the vouchers of the persons to whom the payments were made with
Clerk of the County of Bronx within thirty (30) days of completing the sale, and executing the
proper conveyance to the purchaser; and it is further
ORDERED, ADJUDGED AND DECREED, 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. Purchaser
shall be responsible for interest accruing on real property taxes after the date of the foreclosure
sale; and it is further
ORDERED, ADJUDGED AND DECREED, the Referee make a report of sale in
accordance with RPAPL §1355(1), showing the disposition of the sale proceeds accompanied by
the receipts for payments made and file it with the Clerk of the Court within thirty (30) days of
completing the sale; and it is further

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ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such
sale be let into possession on producing the Referee’s Deed; and it is further
ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants 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 hereby are, barred and foreclosed of all right,
claim, lien, title, interest and equity of redemption in the said Property and each and every part
thereof; and it is further
ORDERED, ADJUDGED AND DECREED, that the liens of the Plaintiff other than
the Mortgage or Mortgages that are the subject matter of this action are also foreclosed herein as
though the Plaintiff was named as a party Defendant, specifically reserving to the Plaintiff its
right to share in any surplus monies as a result of such position as a lien creditor; and it 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) (“Disqualification from appointment”)
and §36.2(d) (“Limitations on appointments based upon compensation”) and if the Referee is
disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee
shall notify the appointing Judge forthwith; and no fee shall be paid to such appointee until said
appointee has filed all necessary OCA forms with the Court; and it is further
ORDERED, ADJUDGED AND DECREED, that pursuant to CPLR §8003(b), absent
application to the court, further court order, and compliance with Part 36 of the Rules of the
Chief Judge, the Referee shall not demand, accept or receive more than the statutory amount of
five hundred dollars ($500.00) otherwise payable to the Referee for the foreclosure sale stage,
regardless of adjournment, delay or stay of the sale; and it is further

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ORDERED, ADJUDGED AND DECREED that the property be sold by the Referee, in
accordance with RPAPL §1351(1); that the date of the judgment is deemed the date it is entered;
and that if the Referee cannot conduct the sale within 90 days of the date of the judgment, in
accordance with Fed. R. Civ. P. §6(b), the time fixed by RPAPL §1351(1) is extended for the
Referee to conduct the sale as soon as reasonably practicable.

SO ORDERED.
September 13, 2022

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