CIT Bank, N.A. v. Covino et al
Filing
85
JUDGMENT OF FORECLOSURE AND SALE: ORDERED, ADJUDGED AND DECREED that the report of Benjamin Greenwald, Esq. dated June 7, 2023, be, and the same is hereby, in all respects, ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED that by accepting this appointment the Referee certifies that they are in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to, section 36.2( c) ("Disqualification from appointment"), and s ection 36.2(d) ("Limitations on appointments based upon compensation"); and it is further ORDERED, ADJUDGED AND DECREED, that Plaintiff may assign its interests and rights under the instant Judgment to a third party of its choosing by fi ling an Assignment of Cause of Action with the County Clerk and providing a copy to the Referee appointed within the instant order; and it is further Plaintiff is directed to mail a copy of this Judgment of Foreclosure and Sale to corporate Defen dant and pro se Defendant at both addresses and file proof of service on the docket. The Clerk of the Court is directed to terminate the motion at ECF No. 78 and further set forth in this Order. Motions terminated: 78 MOTION for Judgment of Foreclosure and Sale. filed by Wilmington Savings Fund Society, FSB. (Signed by Judge Nelson Stephen Roman on 11/7/2023) (rro)
USDCSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 11/07/2023
At the United State District Court - Southern
District of New York, at the Federal Building
and United States Comihouse thereof, at 300
Quarropas St., White Plains, NY 10601, on
the __ day of ________.
20
HON. NELSON S. ROMAN, J.S.C.
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WILMINGTON SAVINGS FUND SOCIETY, FSB,AS
OWNER TRUSTEE OF THE RESIDENTIAL CREDIT
OPPORTUNITIES TRUST VI-A,
-against-
Plaintiff
WILLIAM COVINO: BOARD OF DIRECTORS OF
EAGLE WOOD VISTAS HOMEOWNERS
ASSOCIATION, INC.,
Defendants
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Index No. 17-cv-09579-NSR
JUDGMENT OF FORECLOSURE
AND SALE
Mortgaged Premises
10 Eaglewood Vista Lane
Warwick, NY 10990
Section: 24
Block: 1
Lot: 45.2
Mortgage Servicer: AMIP Management,
LLC
Mortgage Servicer Phone #: (800) 9312424
ON the Verified Complaint filed in the United States District Court - Southern District of New
York on December 6, 2017, and Notice of Pendency duly filed in the Orange County Clerk's Office on
November 11, 2019 and Successive Notice of Pendency filed on November 10, 2022, and all proceedings
thereon; and on reading and filing the Notice of Motion dated October 3, 2023, Affirmation of Sean K.
Monahan, Esq. dated October 3, 2023, with exhibits annexed thereto, showing that all of the Defendants
herein have been duly served within this State with a copy of the Summons in this action, or have
voluntarily appeared pro se or by their respective attorneys, or after due diligent efforts to effectuate
service having been unsuccessful and a determination made that such service upon certain Defendants
cannot be effected; and on proof of service upon and appearance, if any, by the Defendants herein
heretofore filed in this action; and stating that more than the legally required number of days have elapsed
since said Defendants were so served; and that all Defendants herein have defaulted in pleading by failing
to serve an answer to said Complaint except William Covino, nor has their time to do so been extended;
and
ON the Summary Judgment granted and entered in the United States District Court - Southern
District of New York on September 14, 2022, granting plaintiff summary judgment and striking
the defendant's affirmative defenses and counterclaims, and appointing Benjamin Greenwald, Esq. as
Referee in this action to ascertain and compute the amount due Plaintiff for principal, interest and
advances made pursuant to the Note and Mortgage, and to examine the Plaintiff or its agent on
oath as to allegations of the complaint, and to examine and report whether the Mortgaged Premises
should be sold in one or more parcels;
AND on reading and filing the oath and report of the aforesaid Referee sworn to and dated June
7, 2023, it appears that the sum of $1,102,599.45 was due the Plaintiff for principal, interest and
advances made pursuant to the Note and Mortgage, as of January 1, 2023, plus interest for every day
thereafter, on the date of said Report and that the Mortgaged Premises should be sold in one parcel;
NOW, on motion of Friedman Vartolo LLP, the attorneys for the Plaintiff, it is:
ORDERED, that the instant motion is granted; and it is further
ORDERED, ADJUDGED AND DECREED that the report of Benjamin Greenwald, Esq. dated
June 7, 2023, be, and the same is hereby, in all respects, ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED that by accepting this appointment the
Referee certifies that they are in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR
Part 36), including, but not limited to, section 36.2(c) ("Disqualification from appointment"), and
section 36.2(d) ("Limitations on appointments based upon compensation"); and it is further
ORDERED, ADJUDGED AND DECREED that the Mortgaged Premises 10 Eaglewood Vista
Lane, Warwick, NY 10990; a description of said Mortgaged Premises is annexed hereto and made a
part hereof as Schedule A (hereinafter "Mortgaged Premises") as further described in the complaint in
this action, or such part thereof as may be sufficient to discharge the m01igage debt under the Note
and Mortgage, the expenses of the sale and the costs of this action as provided by the Real Property
Actions Proceeding Law be sold, in one parcel, at public auction at the Hon. Charis L. Brieant Jr. Federal
Building and Comihouse, 300 Quarropas Street, White Plains, New York 10601 by and under the
direction of Benjamin Greenwald, Esq., who is hereby appointed Referee for that purpose; that said
Referee give public notice of the time and place of such sale in accordance with the law, practice of
this Court and RPAPL §231 in the Times Herald Record and that the Plaintiff or any other party to
this action may become the purchaser at such sale; that in case the Plaintiff or its assignee shall become
the purchaser at the said sale, they shall not be required to make any deposit thereon; that said
Referee execute to the purchaser or purchasers on such sale a deed of the premises sold; that in the
event a party other than the Plaintiff or its assignee becomes the purchaser or purchasers at such sale they
shall be required to tender a deposit of 10% of the purchase price in ce1iified funds and the closing of
title shall be had thi1iy days after such sale unless otherwise stipulated by all parties to the sale and if
such closing is required, and the Referee seeks and is awarded additional fees for said closing, those fees
shall be paid by purchaser; and it is further
ORDERED, ADJUDGED AND DECREED, that Plaintiff may assign its interests and rights
under the instant Judgment to a third party of its choosing by filing an Assignment of Cause of Action
with the County Clerk and providing a copy to the Referee appointed within the instant order; and it is
further
ORDERED, ADJUDGED AND DECREED, that if the Referee does not conduct the sale within 90
days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL §13 51 (1) is
extended for the Referee to conduct the sale as soon as reasonably practicable; and it is further
ORDERED, ADJUDGED AND DECREED, that said Referee on receiving the proceeds of the
sale, shall forthwith pay therefrom, in accordance with their priority according to law, the taxes,
assessments, sewer rents or water rates which are or may become liens on the premises at the time of sale
with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is
further,
ORDERED, ADJUDGED AND DECREED, that Plaintiff or any other party that may become the
purchaser or purchasers at such sale shall pay all transfer taxes and recording expenses, any and all
maintenance fees and assessments, taxes, water rates, and any fees associated with the transfer of title for
the Mortgaged Premises accrued from the sale date forward are the obligation of the purchaser, and that in
the event a party, other than Plaintiff, becomes the purchaser or purchasers at such sale, the closing of title
shall be had thirty days after such sale unless otherwise stipulated by all parties to the sale, including
Plaintiff and that failure of the purchaser(s) to close within thi1iy days may result in fo1feiture of any
deposit tendered by purchaser(s), in lieu of closing, and that Plaintiff reserves the right to sell to the next
highest bidder at said sale; that any purchaser, other than Plaintiff, shall pay interest on the purchase price
from the date of sale to the date of delivery of the deed; that in case Plaintiff shall become the purchaser
at the said sale, it shall not be required to make any deposit thereon; and it is further
ORDERED, ADJUDGED AND DECREED, that said Referee then deposit the balance of said
proceeds of sale in his/her own name as Referee in the Referee's IOLA account, and shall thereafter make
the following payments and his/her checks drawn for that purpose shall be paid by said depository;
FIRST: That statutory fees of the Referee pursuant to CPLR §8003(b) which shall not exceed the
sum of $750.00 unless the sale price (the amount of the accepted bid) exceeds $50,000.00 In the event the
sale price exceeds fifty thousand dollars and additional compensation (including commissions) in excess
of $750.00 is sought pursuant to CPLR §8003(6) and if no surplus monies are produced by the sale, the
parties may present a stipulation, signed by the Referee and all pmiies appearing, agreeing to a stated
sum, to be so-ordered by the Court. Where surplus monies will be available following the distribution of
sums as provided herein, or where the parties are unable to agree to the Referee's proper compensation
under CPLR §8003(b), application shall be made to this Court on notice to all parties !mown to be entitled
to claim against any surplus monies, including the defaulting owner of equity of redemption. Such
application shall be promptly submitted to the Court within five days of the transfer of deed and prior to
filing the Rep01i of Sale. The five-day period for payment of surplus money into Comi as set forth in
RPAPL § 1354(4), and the thirty-day period set forth in RPAPL § 1355 for the filing of the Report of Sale
shall be deemed extended pending the decision of the Comi regarding such application.
In the event the scheduled sale is cancelled or postponed, pursuant to CPLR §8003(a), Plaintiff shall
compensate the Referee the sum of $250.00 for each adjournment or cancellation unless the Referee has
requested the delay. Such compensation may be recouped from the proceeds of sale as a cost to Plaintiff.
This order shall constitute the necessary prior authorization for compensation as set f01ih herein.
No compensation in excess of $750.00, including compensation authorized pursuant to CPLR
§8003(a) for computation of the sum due to Plaintiff, may be accepted by the Referee without Court
approval and compliance with the filing provision of Section 36.4 of the Rules of the Chief Judge.
SECOND:
The expenses of sale and the advertising expenses as shown on the bills
presented and certified by said Referee to be correct, copies of which shall be annexed to the Repo1i of
Sale and the NYC Transfer Tax, pursuant to 19 RCNY 23-03(d)(2), if applicable, payable within 30 days
of delivery of deed pursuant to 19 RCNY 23-08(a). The Referee shall not be held responsible for the
payment of penalties or fees pursuant to this appointment. Purchaser and any title company hired by the
Purchaser shall be responsible for any penalties or fees incurred as a result of late payment of the tax as
required pursuant to City Administrative Code 19 RCNY 23-08(a) which requires payment within 30
days. The Purchaser shall hold the Referee harmless from any such penalties as a result of late payment of
these taxes.
THIRD:
Pursuant to Real Property Actions and Proceedings Law 1354, in
accordance with their priority according to law, taxes, assessments, sewer rents, water rates and any
charges placed upon the property by a city agency which have priority over the foreclosed Mortgage,
which are liens on the premises at the time of sale with such interest or penalties which may have lawfully
accrued thereon the date of payment.
FOURTH:
Said Referee shall also pay to the Plaintiff or Plaintiff's attorney, the sum of
$1,370.00 for costs and disbursements in this action with interest thereon from the date hereof; and also
the sum of $1,102,599.45, the said amount so reported due as aforesaid, together with contractual interest
thereon from January 1, 2023, the date interest was calculated to in said report to the date of entry of this
Order, and thereafter the statutory post-judgment date to the date of transfer of title, or so much thereof as
the purchase money of the Mortgaged Premises will pay of the same, together with reasonable attorney's
fees in the sum of $1,875.00 as provided for in paragraph 22 of the Mortgage, together with any advances
as provided for in the Note and Mortgage which plaintiff has made for taxes, insurance, principal and
interest and any other charges due to prior mortgages or to maintain the premises pending consummation
of this foreclosure sale, not previously included in the computation, upon presentation to the Referee of
receipts for said expenditures, all together with interest thereon pursuant to the Note and Mortgage as
above provided. Copies of such receipts shall be annexed to the Referee's Report of Sale pursuant to
RPAPL §1355; and it is further
ORDERED, ADJUDGED AND DECREED that in case the Plaintiff or Plaintiff's assignee be
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 the judgment shall be assigned to and be acquired by the Plaintiff or
Plaintiff's assignee, and a valid assignment thereof filed with said Referee, said Referee shall not require
the Plaintiff or its assignee to pay in cash the entire amount bid at said sale, but shall execute and deliver
to the Plaintiff or its assignee, a deed or deeds of the premises sold upon the payment to said Referee of
the amount specified above in items marked "FIRST," "SECOND" and "THIRD," if such expenses
were paid by the Referee, or in lieu of the payment of said last mentioned amounts, upon filing with said
Referee receipts of the proper municipal authorities showing payment thereof. The balance of the amount
of the bid, after deducting the aforesaid amounts paid to the Referee for compensation and expenses,
taxes, assessments, sewer rents and water rents, and priority liens of a city agency, shall be allowed to the
plaintiff and applied by said Referee upon the amounts due to the plaintiff specified in item marked
"FOURTH." If upon so applying the balance of the amount bid, there shall be a surplus over and above
the said amounts due to the Plaintiff or its assignee, the Plaintiff or its assignee shall pay to said Referee,
upon delivery to Plaintiff or its assignee of said Referee's deed, the amount of the surplus [which will be
applied by the Referee upon motion made pursuant to RPAPL §1351(3) and proof satisfactory to the
Referee of. the sums due thereon, to any subordinate mortgage duly recorded against the property,
pursuant to RPAPL §1354(3), which payments shall be reported in the Referee's Report of Sale. Any
surplus remaining after all payments as herein provided shall be deposited into Court in accordance with
RPAPL § 1354(4) and the Referee shall immediately give notice of such surplus to the owner of the
mortgaged premises as identified by Plaintiff at the time of the sale; and it is further
ORDERED, ADJUDGED AND DECREED that said Referee shall take the receipt of the
Plaintiff's or the attorneys for the Plaintiff for the amounts paid as directed in item "FOURTH," and file
it with his/her Report of Sale; that he/she deposit surplus monies, if any, with the Orange County Clerk
within five days after the same shall be received unless such period is deemed to be extended by the filing
of an application for additional compensation as set forth herein, to the credit of this action, to be
withdrawn only on Order of this Court, signed by a Justice of the Court; that said Referee shall make
his/her 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 payments were made, and shall file it with the Orange County
Clerk within thirty days after completing the sale and executing the proper conveyance to the purchaser or
within thirty days of the decision of the court with respect to any application for additional compensation;
and it is further
ORDERED, ADJUDGED AND DECREED that if the proceeds of such sale be insufficient to
pay the amount reported due to the Plaintiff or its assignee with interest and costs as aforesaid, the
Plaintiff or its assignee shall recover from the Defendant, William Covino, the whole deficiency or so
much thereof the Court may determine to be just and equitable of the residue of the mortgage debt
remaining unsatisfied after the sale of the Mortgaged Premises and the application of the proceeds
thereof, provided a motion for a deficiency judgment shall be made within 90 days of the delivery of the
deed by the Referee, and the amount thereof is determined and awarded by an order of this Court as
provided for in said action ; and it is further
ORDERED, ADJUDGED AND DECREED, that the purchasers at such sale be let into possession
upon service of the Referee's deed or deeds; 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 of either of them, after the filing of such notice of pendency
of this action, be and they are hereby forever barred and foreclosed of all right, claim, lien, title, interest
and equity of redemption in said Mortgaged Premises and each and every part thereof; and it is further
ORDERED, ADJUDGED 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, and covenants,
restrictions, declarations, reservations, easements, rights of way and public utility agreement 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 persons in possession of the subject premises;
prior lien(s) of record, if any, except those liens addressed in § 1354 of the Real Property Actions and
Proceeding Law; any equity of redemption of the UNITED STATES OF AMERICA to redeem the
premises within 120 days from date of sale; any right pursuant to CPLR 317, 2003 and 5015 or any
appeal of the underlying action or additional litigation brought by any defendant or its successor or
assignee contesting the validity of this foreclosure; and it is further
ORDERED, that in the absence of the Referee, the Court may designate a Substitute Referee
forthwith; and it is further
ORDERED, that the Referee appointed herein is subject to the requirements of FRCP 53, 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 it is further
ORDERED, that a copy of this Judgment with Notice of Entry shall be served upon the
designated Referee, the owner of the equity of redemption, as of the date of this Order, any tenants named
in this action and any other party entitled to notice within twenty days of entry and no less than thirty
(30) days prior to sale.
Plaintiff is directed to mail a copy of this Judgment of Foreclosure and Sale to corporate
Defendant and pro se Defendant at both addresses and file proof of service on the docket. The Clerk of
the Court is directed to terminate the motion at ECF No. 78.
Dated: 1 l/07/2023
White Plains, NY
HON. NELSONS. ROMAN
UnitedStatesDistrict Judge
SCHEDULE A—LEGAL DESCRIPTION
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