Westchase Residential Assets II, LLC v. Czelada et al
| Westchase Residential Assets II, LLC |
| Portfolio Recovery Associates, Inc., John Doe "1" through "12", Barbara J. Gotti, Lenore Czelada and Slomins, Inc. |
| 2:2014cv03190 |
| May 22, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| A. Kathleen Tomlinson |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 Foreclosure |
| None |
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Filing
15
Judgment of Foreclosure and Sale: SO ORDERED 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 th ereof, 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 th e 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 wit h any apportionments or adjustments; at public auction to be held at the United States District Court for the Eastern District of New York, located at the United States Courthouse, 100 Federal Plaza, Central Islip, NY 11722, Courtroom 1010, by and un der the direction of William Wexler, 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 RPAPL §231 in Newsday 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 sal e 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 title 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 Chase Band and shall thereafter make the following payments and his/her checks dr awn for that purpose shall be paid by said depository. The sum of $1,500.00 to said Referee for his fees herein. The expenses of the sale and the advertising expenses as shown on the bills presented to said Referee and certified by him to be cor rect, duplicate copies of which shall be left with said depository. And also the sum of $622,830.75 (inclusive of attorney's fees and costs), the amount computed by the Court and adjudged to Plaintiff as aforesaid, with interest from Septem ber 30, 2014 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. Ordered by Judge Sandra J. Feuerstein on 11/21/2014. (Florio, Lisa)
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