FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE BOARD OF MANAGERS OF 50 WEST 127T" STREET CONDOMINIUM, INDEX NO.: 151386/2015 Plaintiff, REFEREE'S - against - REPORT OF SALE CHE10ESHA KIDD CHRISTIANA TRUST as Trustee of ALRP Trust 4 UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY OF NORTH CAROLINA OLD REPUBLIC INSURANCE COMPANY, ------------ --------- --------- Defendants. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK I, LISE HUNTER, ESQ., the Referee directed by the Judgment of Foreclosure and Sale of this Court entered in this action on or about November 20, 2015 (the "Judgment"), to sell 50 West 127th Street, Unit 5B, New York, New York 10027 (the "Premises") therein particularly described and directed to be sold in one parcel to discharge the common charge lien, offset common charge arrears, the expenses of the sale and the costs of this action, do respectfully report to this Court as follows: FIRST: I caused due notice of the sale of the Premises described in the complaint herein, being situated in the City of New York, County of New York and State of New York, to be held on August 24, 2016, at 2:00 in the afternoon, to be given to the parties entitled thereto as shown by the copy of the Notice of Sale with proof of service annexed hereto as Exhibit A, and to be 1 of 15
FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 published in the New York Law Journal, as provided in the Judgment, as more fully appears by the copy of the affidavit of publication annexed hereto collectively as Exhibit B. SECOND: I caused the Terms of Sale of the foreclosure sale to be posted outside of Courtroom 130 of the Supreme Court, New York County Court at 2:00 p.m. on August 24, 2016. I attended in person at the time and place for which sale was noticed, offered the Premises for sale to the highest bidder, as provided in the Judgment, upon the Terms of Sale, a copy of which is hereto annexed as Exhibit C, and that the same was then and there struck and sold to City West Capital, LLC do Amit Louzon for the sum of one hundred seventy six thousand ($176,000.00), that being the highest sum bid for the Premises. As shown by the Memorandum of Sale, Part of Exhibit C hereto, pursuant to the Judgment, I collected the ten percent deposit against the purchaser price THIRD: As provided in the Judgment, the Premises to be sold in one parcel in "as is" physical condition, subject to the following: (a) The state of facts that an accurate survey will show; (b) All covenants, easements, encroachments, reservations and restriction, violations and agreements of record, if any, and to any and all violations thereof; (c) Any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are located and to any and all violations of same, including, but not limited to, reapportionment of lot lines; (d) Any and all orders of requirements issued by any governmental body having jurisdiction against or affecting said premises and violations of same; (e) The physical condition of any buildings or structure(s) on the premises as of the date of the closing date or the extended closing date, whichever is later; (0 Rights of tenants and persons in possession, if any; (g) Prior mortgages, judgments and liens of record; if any; (h) Right of redemption of the United States of America to redeem the premises within 120 days from the date of the foreclosure sale, if any; (i) Rights to any 2 of 15
FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 Defendants, pursuant to CPLR 2003 and CPLR 5015, if any; (j) Any and all hazardous materials in the premises, including but not limted to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos and toxic substances; (k) Other conditions set forth in the Terms of Sale more particularly to be announced at the sale; by the Referee appointed herein. FOURTH: On October 28, 2016, I delivered to City West Capital, LLC do Amit Louzon a good and sufficient deed of conyenace to the Premises. FIFTH: In accordance with the Judgment, I have allowed to Plaintiff: the amount of twenty one thousand six hundred ninety two and 11/100 dollars ($21,692.11) as the amount of final judgment of foreclosure. SIXTH: After application of the purchase price to the amounts due and owing for real estate taxes and filing encumbering the Premises as required by the Judgment in the amounts of (a) two thousand four hundred sixty four ($2,464.00) dollars for real estate transfer taxes; and (b) one hundred ($100.00) dollars for tax filing fees; and to the amount due and owing to Plaintiff all as above reported, I have determined that there is one hundred sixty one thousand five hundred seventy two and 30/100 dollars ($161,572.30) in Surplus as more fully appears in the Foreclosure Action Surplus Monies Form annexed hereto as Exhibit D. All of which is respectfully submitted. Dated: New York, New York January P7 2017 Lise Hunter, Esq., Referee 3 of 15
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FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 STATE OF NEW YORK AFFIDAVIT OF MAILING SUPREME COURT COUNTY OF NEW YORK INDEX NO. 151386/15 THE BOARD OF MANAGERS OF 50 WEST 127TH STREET CONDOMINIUM, Plaintiff, vs. CHE10ESHA KIDD; CHRISTIANA TRUST, as Trustee of ALRP Trust 4; UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY OF NORTH CAROLINA; OLD REPUBLIC INSURANCE COMPANY, Defendant(s). STATE OF NEW YORK COUNTY OF KINGS )SS: George Luey, being duly sworn, deposes that he is over the age of twenty-one years; that on July 25, 2016, he mailed a copy of the notice of sale to the following: Chekesha Kidd-50 West 127th Street, Unit 5B, New York, NY 10027 Christiana Trust as Trustee of ALRP Trust 4 do Wilmington Savings Fund Society FSB-500 Delaware Avenue, 11th FL, Wilmington, DE 19801 United Guaranty Residential Insurance Company of North Carolina-230 North Elm Street, Greensboro, NC 27401 Old Republic Insurance Company-307 N. Michigan Avenue, Chicago, IL 60601 Lise Hunter, Esq.-325 Highland Avenue, Suite 203, Mount Vernon, 10553 Sworn to before me this clay of 9 2-e _CC c Luey Notary Public DONALD LEUNG Notary Public, State of New York No. 01LE4860759 Oualified In Richmond County /F Commission Expires May 27, 20_ 5 of 15
FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 SUPREME COURT COUNTY OF NEW YORK THE BOARD OF MANAGERS OF 50 WEST 127Th STREET CONDOMINIUM, Plaintiff against CHEICESHA KIDD, et at, Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered on November 20, 2015. I, the undersigned Referee will sell at public auction at the Room #130 of the Supreme Court, New York County, 60 Centre Street, New York, N.Y. on the 24" day of August, 2016 at 2:00 p.m. Lying and being in the Borough of Manhattan and State of New York. In the condominium known as "50 West 127th Street Condominium." Together with an undivided 3.99 % interest in the Common Elements. Said premises known as 50 West 127 th Street, Unit No. 5B, New York, N.Y. 10027. Tax account number: SBL#: 1724-1013. Approximate amount of Judgment $ 15,342.60 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 151386-15. Lise Hunter, Esq., Referee. Andrew F. Troia, Esq., P.C. Attorney(s) for Plaintiff 59 Maiden Lane, Suite 41n Floor New York, N.Y. 10038 (212) 390-8750 6 of 15
FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 B 7 of 15
FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 STATE OF NEW YORK County of New York, St SALES SCOURT UPRENLE - COUNTY OF NEW 'YORK THE HOARD OF MANAGERS OF 50 WEST 1.27T1L STREET CONDO- MINIUM, Plaintiff against CLIEKESELA KIDD. et at, 1)efendrmI00. Pursuant to a Judgment of Foreclosure mid Selo entered on November 20, 2015. I. the undersigned 'Referee will sell ot public auction at the ftenin 40130 of the Supreme Court, New York County, 80 Centre Street, New York. N.Y. oifi the 24th day of August., 20101 nt 2:00 p.m. Lying and being in the Dori ough of Manhattan and Slate Of New York. In lb/condominium 'known HS "50 Weal 127th Street Condominium.' Together with on undivided,3.99 (ro interest in the CommotElements. Said remises known as 50 West 127th Street, Unit No. 5R, New York, N.Y. 10027. Tax account number: SILLIO 1724-1013. Approximate amount of Judgment $ 15.342,00 plus interest and ousts.?rambles will ba aold sub- Joel to provisions of Mod indolent and tanno of sale_ Index No. 151380-15. Use Runter,-Eag., Referee. Andrew P. Troia, Esq.. P.C. AtterneyftoforPlaintirr 59 Maiden Lane, Suite illat Floor New York, N.Y. 10038 (212)390-8750 00891385.63-1227-W,ttu17 Daisy Sweet, being duly sworn, says that she is the PIUNCIPAL CLERK of the Publisher of the NEW YORK LAW JOURNAL, a Daily Newspaper; that the Advertisement hereto annexed has been published in the said NEW YORK LAW JOURNAL once in each week for four successive weeks commencing on the 27th day of July 2016. TO WIT: July 27, 2016 August 03, 10, 17, 2016 SWORN TO BEFORE ME, this 17th day Of August, 2016. erilltiajo fort Cynthia Byrd Notary Public, State of New York No. 01BY6056945 Qualified in Kings County Commission Expires April 9, 2019 P-1c 8 of 15
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FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 STATE OF NEW YORK SUPREME COURT: COUNTY OF NEW YORK. THE BOARD OF MANAGERS OF 50 WEST 127TH STREET CONDOMINIUM, Plaintiff Index No.: 151386/2015 TERMS OF SALE CHEICESHA KIDD CHRISTIANA TRUST as Trustee of ALRP Trust 4 UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY OF NORTH CAROLINA OLD REPUBLIC INSURANCE COMPANY V. Defendant The premises described in the annexed Legal notice of Sale will be sold under the direction of Lise Hunter, Esq. Referee, upon the following terms: im Ten percent of the purchase money of said premises will be required to be paid to the said Referee, by the successful bidder/purchaser, by bank check or certified check at the time and place of sale, and for which the Referee's receipt will be given. If Plaintiff is the purchaser, the ten percent deposit is waived. 2r11 The balance of the purchase money will be required to be paid to the said Referee at her office located at 325 Highland Avenue, Suite 203 Mount Vernon, New York 10553 no later than forty five (45) days from today's date., (the "closing date"), unless otherwise agreed upon by Plaintiff and the successful bidder in writing. The balance of the purchase money must be paid by bank or certified check(s) payable to the order of the Referee, when and where the said Referee's Deed will be ready for delivery. 3rd TIME IS OF THE ESSENCE with respect to the closing date for the transfer for the property to occur at the time and place above specified. By signing the Terms of Sale, the successful bidder understands and agrees to this TIME OF THE ESSENCE requirement and, that he/she will appear at that time and place with full payment and be in all respects ready to complete the sale transaction. The failure of the successful bidder to appear ready, willing and able-to-pay-the-balance-of-the-purchase-price-at-the-titne-and-plore on forth-hercin-will-be a material default under the terms of sale, with no further notice being required from the Referee or Plaintiff's counsel, subjecting the successful bidder to forfeiture of the deposit or resale specified below. 4th The Referee is not required to send any notice to the successful bidder, and if the successful bidder neglects to call at the time and place above specified or neglects to appear to 10 of 15
FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 receive the Referee's deed, the purchaser will be deemed in default, time being of the essence herein. The date of "sale" is the date of the Referee's foreclosure auction at which the property is struck down to the highest bidder. 5th All real property transfer taxes, including the New York State Transfer Tax, the Referee's fee of $500.00 plus the fee for recording of the Referee's deed, shall be borne and paid by the. purchaser. In the event that the Plaintiff shall have advanced monies for taxes, assessments, water charges, sewer rents or hazard insurance covering a period which is later in time than the foreclosure sale date, purchasers herein agree to adjust all such advances with Plaintiff on a pro rata basis on the date of closing as provided in Paragraph rd hereof. 6th The successful bidder of said premises, will, at the time and place of sale, sign a memorandum of the purchase and an agreement to comply with the terms and conditions of the sale herein contained. 7th Time is of the essence with respect to the closing date. The closing must occur no more than 45 days from the date of sale, unless agreed upon in writing by Plaintiff and the successful bidder. The failure of purchaser to appear ready, willing and able to pay the balance of the purchase price within 45 days from the date of sale is a material default under the terms of sale. If purchaser so defaults, the foreclosure sale will be rescheduled and the deposit will be forfeited and applied towards the costs and expenses associated with the default, such as, but not limited to, the rescheduling of the foreclosure sale, and such purchaser will be held liable for any deficiency there may be between the sum for which said premises shall be struck down upon the sale and that for which same may be purchased on the re-sale. Such forfeiture shall not be a waiver of any rights of Plaintiff to seek and obtain damages from the defaulting bidder. 81h In case the Plaintiff or a subsidiary of Plaintiff shall be the purchaser, or in the event that the rights of the purchaser shall be assigned to and be acquired by the Plaintiff, and the valid assignment thereof filed with the Referee, the provisions of the judgment of foreclosure and sale entered herein insofar as the same relate to such purchase by, or assignment to, Plaintiff, shall be deemed included in these Terms of Sale with the same force and effect as if fully set forth herein at length. 9th Said premises are to be sold in "as is" physical order and condition, without any warranties or representations whatsoever and subject to: (a) Rights of the public and others in and to any party of the mortgaged premises that lies within the bounds of any street, alley or highway, restrictions, covenants and easements of record. All covenants, restrictions, easements, rights of way and reservations, and/or instruments and agreements of record, existing prior to the recording of said mortgage: (b) Any state of facts an accurate, currently dated survey may show; (c) Rights of tenants or occupants if any, including, but not limited to, possessory interest and/or lease and/or tenants and/or occupancies, if any, affecting said premises not made a party Defendant. It shall be the responsibility of the purchaser to evict or otherwise remove any persons in possession of the premises foreclosed. 2 11 of 15
FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 (d) Zoning regulations and restrictions, and amendments thereof; (e) Orders and/or notices of violations, if any, filed in Municipal, State of U.S. Governmental Departments; and the right of redemption of the United States of America, if any; (0 Conditional bill of sale contracts and/or financing statements of record, if any; (g) Any arrangements made prior to the sale between the Mortgagee and the Mortgagor for the reinstatement, payoff, modification or workoui of a delinquent note, if any, and any mortgage(s) which are unknown to the Referee at the time of sale. In such event, the sale shall be deemed null and void and any deposit promptly refunded to the successful bidder, without recourse against the Referee, the Plaintiff, the Plaintiffs attorneys, agents, and/or assigns or the defendant. 10 th At or before the time of making a bid, the bidder, if other than plaintiff, shall exhibit to the Referee certified check(s) for at least then percent (10%) of the amount of the bid. ith Bids may only be made in increments of $1,000.00 or more. 12th The Plaintiff has not made and does not make any representation as to the physical condition, rents, leases, expenses, operations or any other matter or thing affecting or relating to the premises. 13t1 if any. The premises are being sold subject to the following mortgages and other encumbrances, First mortgage held by Christiana Trust, as Trustee of ALRP Trust 4 c/o Altisource Asset Management Corp. in the approximate amount of $720,000.00; Possible second mortgage with United Guaranty Residential Insurance Company of North Carolina dated 2/9/2010. Original Mortgage Amount: $127,800.00, Mortgage Tax: $2,589.00; and Possible second mortgage with. Old Republic Insurance Company dated 3/19/2012. Original Mortgage Amount: $127,800.00, Mortgage Tax: $2,589.00. 14 th The successful bidder may not assign his/her bid without the prior written consent of the Plaintiff. Dated: We-VI-N/00C August d 015 New York Lise 1- tinter, Esq., Referee 3 12 of 15
FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 MEMORANDUM OF SALE d The undersigned has on August d7, 2016 purchased the premises described in the annexed Notice of Sale for the sum of $ / u vr and hereby promises and agrees to comply with the terms and conditions of the Terms of Sale of said premises. The undersigned acknowledges purchasing the premises described in the annexed Notice of Sale subject to the following: First mortgage held by Christiana Trust, as Trustee of ALRP Trust 4 do Altisource Asset Management Corp. in the approximate amount of $720,000.00; Possible second mortgage with United Guaranty Residential Insurance Company of North Carolina dated 2/9/2010. Original Mortgage Amount: $127,800.00, Mortgage Tax: $2,589.00; and Possible second mortgage with Old Republic Insurance Company dated 3/19/2012. Original Mortgage Amount: $127,800.00, Mortgage Tax: $2,589.00. Dated: CILI1 \WS" I-- LC- c.i0 Aril" Lou-z4 Purchaser Purchaser 394- W.D3rcis+, 1- Address of Purchaser Num Njoide, 11100u Address of Purchaser 04) qn- cagy Received from the said purchaser the sum of $ OD, D 0. being ten percent (10%) of the amount bid by the purchaser for property sold by me, under the Judgment of Foreclosure and Sale in the above entitled action. Lise Hunter, Esq., Referee Dated: r/r;,2016,new York 13 of 15
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FILED: NEW YORK COUNTY CLERK 01/30/2017 02:16 09:49 PM INDEX NO. 151386/2015 TO BE COMPLETED FOR EVERY SALE BY A COURT-APPOINTED REFEREE AND FILED WITH COUNTY CLERICAND CHAMBERS WITHIN 30 DAYS OF SALE FORECLOSUREACTION_SURELUS.MONIES.FORM SUPREME COURT OF THE STATE OF NEW YORK New York COUNTY The Board of Manageri Of 50 West 127th Street Con Chekesha Kidd, etal. -against- Pith:Wills) Delnialant(s1 Part Hon. Index No. 151386/2015 Property Address: 50 West 127th Street, Unit 5B, New York, New York 10027 Judgment of Foreclosure Date 11/19/2015 Sale Date 08/24/2016 A. Were there surplus funds? Yes 0 No B. To be completed by the Referee Amount of final judgment of foreclosure Sale price of property Upset price Surplus amount 21,692.11 176,000.00 14,427.70 161;5-72.30 C. To be completed by Referee conducting the sale (please print) Name: Address: E-mail Address: Use Hunter, Esq. Telephone: (917) 400-2801 325 III Hand Avenue Suite 203 Mount Vernon New York 10553 Ihunteresq@aolcom Signature and Date!.74, oskt- Ace D. To be completed by -Plaintiffs Representative Name (please print) Andrew F. Troia, Esq. Address: 59 Maiden Lane 41st HOOT New York, New York 10038 E-mail Addres: at@aftlaw.net Telephone: _(212)390-8750 Signature an E. To be completed by Purchaser Name (please print) City West Capital LLC Address:80 Riverside Boulevard, 24A New York, New York 10069 E-mail Address: amit@citywisteapital.coni Telephone: 917-q52_58qn Signature and Date: 12/1/2016 rark0gt,ps9v IIMI Ii 15 of 15