U.S. Bank Trust, N.A. v. Deluca et al
| U.S. Bank Trust, N.A. |
| Lori A. Deluca and Oneida County Department of Social Services |
| 6:2015cv00412 |
| April 6, 2015 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| Andrew T. Baxter |
| David N. Hurd |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
64
ORDER of Vacatur of Judgment of Foreclosure and Sale and Discontinuance of Action and Cancellation of Lis Pendens: that the Plaintiff's 58 Motion to Vacate Judgment of Foreclosure and Sale and Discontinue Action and Cancel Lis Pendens, is gran ted in all respects; that the above entitled action, and all causes of action alleged therein, and any and all counterclaims and cross claims, be and the same hereby are discontinued without costs to either party as against the other; that the County Clerk of Oneida County is directed, upon payment of proper fees, if any, to cancel and discharge a certain Notice of Pendency filed in this action on the June 29, 2015 and any predecessor filing, against property known as Section 305.20, Block 4, Lo t 68 and also known as 14 Myers Avenue, Yorkville, NY 13495, and said Clerk is hereby directed to enter upon the margin of the record of the same a Notice of Cancellation referring to this Order; that the final Judgment of Foreclosure and Sale duly e ntered in the Office of the Clerk of the County of Oneida on March 29, 2016 be vacated and set aside and that the Referee appointed herein to sell, pursuant to the Final Judgment of Foreclosure, be and hereby is relieved and discharged of any and all obligations and requirements thereunder. Signed by Judge David N. Hurd on 11/09/2016. (hmr)
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Filing
47
AMENDED JUDGMENT: It is Ordered and Adjudged that Judgment of Foreclosure and Sale is entered against Lori A. Deluca in the amount of $136,194.34 with an unpaid principal balance of $75,856.01 as of March 29, 2016, with contractual interes t at the rate of 12.790% which results in a per diem rate of $26.58 until entry of this Order and the statutory rate thereafter. The Property shall be sold pursuant to New York State Real Property Actions and Proceedings Law ("RPAPL") 1351, in a manner consistent with the April 15, 2016 Decision and Order of the Court. (hmr)
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Filing
39
DECISION AND ORDER: Ordered that Plaintiff's motion for default judgment against defendant Oneida County Department of Social Services (ECF No. 17 ) is Granted; After the filing of a Notice of Pendency in this action, Defendant Oneida County De partment of Social Services is barred and foreclosed of all right, claim, lien, interest and equity of redemption in the mortgaged premises located at 14 Myers Avenue, Yorkville, New York 13495; Judgment is entered in favor of plaintiff and against d efendant Lori A. Deluca for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the Premises and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest (the "Recoverable Expenses"); Plaintiff shall submit to the Court a statement detailing the Recoverable Expenses as of the date of this Decision and Order to be reviewed and incorporated into the Judgment; A referee shall be appointed to sell the Premises at auction to the highest bidder, in accordance with New York State Real Property Actions and Proceedings Law, Article 13; The interest of defendant Lori A. Deluca and all persons claiming by or through her is forecl osed and their title, right, claim, lien, interest or equity of redemption to the Premises are forever extinguished; Plaintiff shall be paid out of the sale proceeds the Recoverable Expenses, and that the sale proceeds be distributed in accordance wi th New York State Real Property Actions and Proceedings Law, Article 13; The Premises shall be sold in as is condition, subject to the facts an inspection or accurate survey of the Premises would disclose, covenants, restrictions, easements and publ ic utility agreements of record, building and zoning ordinances and violations, and the equity of redemption of the United States of America; Plaintiff may purchase the Premises at sale; A receiver be appointed for the Premises, if requested by plain tiff; A deficiency judgement against all obligors on the note shall be entered for the amount that remains due after distribution of the sale proceeds, if requested by plaintiff; and If the plaintiff possesses other liens against the Premises, they n ot merge with the mortgage being foreclosed and that plaintiff, as a subordinate lien holder, be allowed to share in any surplus proceeds resulting from the sale of the Premises. The Clerk of the Court is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 03/29/2016. (hmr)
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