West Coast 2014-7, LLC v. Reynolds et al
Filing
12
ORDER granting 10 Motion for Default Judgment consistent with this Order. Signed by Hon. Michael A. Telesca on 10/4/17. (JMC)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
WEST COAST 2014-7, LLC,
Plaintiff,
No. 6:16-cv-6827(MAT)
-vsBRADLEY H. REYNOLDS, JULIE. E.
REYNOLDS, CAPITAL ONE BANK USA NA,
and JOHN DOES 1 THROUGH 12, said
persons having or claimed to have a
right, title, or interest in the
mortgaged premises herein, their
respective names presently unknown to
the plaintiff,
Defendants.
JUDGMENT OF FORECLOSURE AND SALE
Upon the Summons in a Civil Action (the “Summons”)
and Verified Complaint (the “Complaint”) filed herein on
December 19, 2016; the Notice of Pendency filed in the
Monroe County Clerk’s Office on January 18, 2017; the
Clerk’s
Entry
of
Default
entered
against
Defendants
Bradley H. Reynolds, Julie E. Reynolds and Capital One
Bank USA NA on February 2, 2017; Plaintiff West Coast
2014-7, LLC’s (“Plaintiff”) Motion for Default Judgment
of Foreclosure and Sale pursuant to Rule 55(a) of the
Federal Rules of Civil Procedure dated August 7, 2017;
the Declaration of Regularity in Support of Motion for
Default Judgment of Foreclosure and Sale and Memorandum
of Law of Alan H. Weinreb, Esq. dated August 7, 2017; and
the Affidavit of Amounts Due and Owing of Glenn Ohno
sworn to the 26th day of July, 2017, by all of which it
appears
to
plaintiff
the
is
satisfaction
in
all
of
respects
this
Court
entitled
to
that
a
the
default
judgment pursuant to Rule 55 of the Federal Rules of
Civil Procedure and Section 1321 of the New York Real
Property Actions and Proceedings Law, it is hereby
ORDERED, ADJUDGED AND DECREED, as follows:
That
the
mortgaged
premises
described
in
the
Complaint and described in Schedule A annexed hereto,
being more commonly known as 25 Alger Drive, Chili,
New York 14624 (the “Mortgaged Premises”), 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, and together with
all fixtures and articles of personal property annexed
to,
installed
in,
or
used
in
connection
with
the
Mortgaged Premises, all as more fully set forth in the
aforementioned mortgage, be sold in one parcel subject,
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as a sale in one parcel will be most beneficial to the
interests of the parties;
That the sale be conducted at public auction to be
held in the United States Courthouse, 100 State Street,
Rochester,
NY
14614,
by
and
under
the
direction
of
Charles Salina, United States Marshal for the Western
District of New York, who is hereby directed to conduct
the sale of said premises pursuant to this Order.
The United States Marshal shall give public notice of
the time and place of sale as follows:
He shall cause to be sent by mail, a copy of the
Notice of Sale by depositing the same in a prepaid
wrapper addressed to:
Bradley H. Reynolds
25 Alger Drive
Chili, New York 14624
Julie E. Reynolds
25 Alger Drive
Chili, New York 14624
Capital One Bank USA NA
1111 East Main Street
16th Floor
Richmond, Virginia 23219;
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He shall post copies of the Notice of Sale in three
(3) conspicuous public places in Monroe County, New York,
where the Mortgaged Premises are located;
He shall cause the Notice of Sale to be published
once weekly for four consecutive weeks in the Democrat &
Chronicle, a newspaper of general circulation published
in
Monroe
located.
legal
County,
where
the
Mortgaged
Premises
are
The Notice of Sale need not contain the full
description
of
the
property
as
set
forth
in
Schedule A, but may refer to the property as 25 Alger
Drive, Chili, New York.
The plaintiff or any other party
to this action may become a purchaser on such sale.
The
United
States
Marshal
shall
execute
to
the
purchaser on such sale a deed of the premises sold and,
upon receiving the proceeds of sale, forthwith pay the
following items:
FIRST, his fees and commissions on the said sale not
exceeding, however, the sum of $300.00;
SECOND, advertising expenses as shown on bills to be
specified in his Report of Sale;
-4-
THIRD, the sum of $181,664.92, with interest thereon
from July 26, 2017, the amount owing to the Plaintiff and
secured by the mortgage which is the subject of this
action, 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 Mortgaged
Premises will pay of the same.
That,
in
the
event
that
the
plaintiff
is
the
purchaser of the mortgaged premises at the sale, or in
the event the rights of the purchaser at the sale and the
terms of sale under this judgment shall be assigned to
and acquired by the plaintiff and a valid assignment
thereof
filed
with
the
United
States
Marshal,
the
United States Marshal shall not require the plaintiff to
pay in cash the entire amount bid at said sale, but shall
execute and deliver to plaintiff a deed of the premises
sold upon payment to the United States Marshal of the
amounts
specified
above
in
items
marked
“FIRST”
and
“SECOND”; that the balance of the amount bid, after
deducting therefrom the amounts paid by the plaintiff,
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shall be allowed to the plaintiff as specified above in
item marked “THIRD”; that if, after so applying the
balance of the amount bid there shall be a surplus over
and above the said amounts due to the plaintiff, the
plaintiff shall pay to the United States Marshal, upon
delivery to it of said United States Marshal’s deed, the
amount
of
such
surplus;
and
that
the
United
States
Marshal then shall make the payments as herein directed.
That the United States Marshal shall take the receipt
of the plaintiff or its attorney, for the amounts paid as
herein above directed in item marked “THIRD” and file it
with his Report of Sale;
That the surplus moneys, if any, be then deposited in
the Registry of this Court, to be withdrawn only on the
order of this Court;
That the United States Marshal make his report of
such sale and file it with the Clerk of this Court with
all convenient speed; that if the proceeds of the sale be
insufficient to pay the amounts herein directed to be
paid to plaintiff, with the expenses of sale, interest,
costs, and allowances, as aforesaid, the United States
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Marshal specify the amount of such deficiency in his
Report of Sale.
The
purchaser
on
such
sale
shall
be
let
into
possession of the premises sold upon production of the
United States Marshal’s deed to such premises; and that
it is still further
ORDERED, ADJUDGED AND DECREED that each and every one
of
the
defendants
in
this
action,
and
all
persons
claiming under them or any or either of them after the
filing of the Notice of Pendency of this action, be and
they are forever barred and foreclosed of all right,
title, interest, claim, lien and equity of redemption in
and to the mortgaged premises and each and every part and
parcel thereof.
The description of the said premises is attached
hereto.
ALL OF THE ABOVE IS SO ORDERED.
s/ Michael A. Telesca
HON. MICHAEL A. TELESCA
United States District Judge
Dated:
October 4, 2017
Rochester, New York.
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SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
ALL that tract or parcel of land, situate in the Town of Chili,
County of Monroe and State of New York, known and designated as Lot
No. 46 as shown on a map of Gerwicks Subdivision, Section 4, being
part of Lot No. 16 in the Sixth or 3000 Acre Tract, which map was
filed in the Monroe County Clerk’s Office in Liber 172 of Maps at
Page 92.
Said Lot No. 46 is situate on the southerly side of Alger
Drive and is of the same dimensions as shown on said map.
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