FILED: NEW YORK COUNTY CLERK 11/17/2016 03/16/2017 11:49 06:05 AM PM INDEX NO. 850129/2013 NYSCEF DOC. NO. 60 73 RECEIVED NYSCEF: 11/17/2016 03/16/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFNEWYORK HSBC BANK USA, N.A., V. Plaintiff, SUM C. HUI; BOARD OF MANAGERS OF THE 310 WEST 52N STREET CONDOMINIUM A/K/ A THE LINK CONDOMINIUM; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD Defendants. Index No: 850129/2013 MORTGAGED PREMISES: 310 West 52nd Street Unit 17C New York, NY 10019 And 310 West 52nd Street, SU8 New York, NY 10019 Block: 1042 Lot: 1189 And Block: 1042 Lot: 1323 REFEREE'S REPORT OF SALE TO THE SUPREME COURT: I, Charles S. Lester, Esq., the Referee appointed by the Judgment of Foreclosure and Sale entered in this action on the July 25, 2016 to make the sale ofthe mortgaged premises therein described, do respectfully report as follows: FIRST: That I caused due notice of the sale of the said premises held by me at public auction on the September 21, 2016 in New York County at the Courthouse located at 60 Centre Street, New York, NY 10007 to be given and published according to law and the rules and practice of this Comi as will fully appear by the affidavits of publication and posting. SECOND: That at the time and place of sale, I attended in person and offered the said mmigaged premises for sale to the highest bidder and sold the same to 310 WEST 52 ST, 17C, LLC for the sum of$1,1 03,000.00 that being the highest sum bid. A deposit in the amount of $120,000.00 was received representing more than ten percent (10%) ofthe purchase price. THIRD: That I received from the Plaintiff fees and expenses on the sale sum of $500.00. FOURTH: That I have allowed to the attomeys for the Plaintiff out of the purchase money for publication and posting expenses the sum of$2,866.40. 1 of 19
FIFTH: That I have allowed to the attorneys for the Plaintiff the sum of $2,420.00 for the costs and additional allowance, if any, awarded to the Plaintiff by said Judgment. SIXTH: That I have allowed for the Plaintiff all of the sum due on the Note and Mortgage upon which this action was brought and directed to be paid by the Judgment of Foreclosure and Sale as set forth on the below Statement of Sale. SEVENTH: That I have made, executed and delivered to such purchaser a good and sufficient deed of conveyance for the m01igaged premises sold. EIGHTH: That there remains no surplus amount. Annexed hereto and made a part of this report is a statement showing the several items aforesaid and the mode of computation of the deficiency/surplus or that there is none. All of which is respectfully submitted. Dated: N~\-.2.. J /. '2016 2 of 19
STATEMENT OF SALE Amount due on the Note and Mortgage as detailed in the Judgment offoreclosure and Sale Contract Rate of Interest from date calculated in Judgment (07/0112013) (3.375%) to date of entry of Judgment (07/25/2016) 1,121 days x $0.00 per diem Costs and Disbursements Awarded Attorneys' Fees Attorney's Fees Total Judgment Amount Judgment Rate of Interest from Judgment Entry Date (07/25/2016) To Sale date (11/16/2016) 115 days at $160.45 per diem Advertising Notice of Sale Referee's Fee for Sale Escrow Advances Closing Fee (Stem & Eisenberg) Total Due to Plaintiff Purchaser's Bid $588,067.96 $56,969.00 $2,866.40 $2,500.00 $300.00 $650,703.58 $18,451.75 $2,866.40 $ 500.00 $12,363.34 $ 750.00 $685,635.07 $1,103,000.00 Disbursements at Closing: ACRIS Document Preparation to Evident Title Agency Outstanding Taxes to Evident Title Agency Escrow fee to Evident Title Agency $ 175.00 $ 1,000.00 $ 35.00 Total Surplus $416,154.93 Dated: #J~~ /{,, 2016 3 of 19
STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss.: Charles S. Lester, ESQ., being duly swom, deposes and says: That he is the Referee duly appointed herein to make the sale in the above-entitled action and the officer who made such sale. That the above report of sale signed by him is in all respects true and correct, and said report and statement annexed thereto contain a true, accurate and complete report of the disposition of the proceeds of such sale. Swom to before me this day of, 2016 NOTARY PUBLIC 4 of 19
EXHIBITS 5 of 19
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HSBC BANK USA, N.A., V. Plaintiff, SUM C. HUI; BOARD OF MANAGERS OF THE 310 WEST 52N STREET CONDOMINIUM NKJA THE LINK CONDOMINIUM; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. Index No.: 850129/2013 PROPERTY ADDRESS: 310 West 52nd Street Unit 17C New York, NY 10019 And 310 West 52 11 d Street Unit SU8 New York, NY 100-19 Block: 1042 Lots: 1189 and 1323 TERMS OF SALE The premises described in the annexed advertisement of sale will be sold under the direction of Referee, upon the following tenns: 1st. Ten percent (1 0%) of the purchase money of said premises will be required to be paid in cash or certified check to the said Referee at the time and place of sale, and for which the Referee's receipt will be given, except where the purchaser is the Plaintiff. Then said deposit is waived in accordance with the terms of the Judgment of Foreclosure and Sale. 2nd. The residue of said purchase money will be required to be paid in cash or by certified check to the Referee at his office on October 21, 2016 11:00 a.m. when the Referee's deed will be ready for delivery. The closing shall be held no later than 30 days after the date on which this sale was held. Time shall be of the essence as to purchaser only. 3rd. The Referee is not required to send any notice to the purchaser; if purchaser neglects to call at the time and place above specified to receive his/her deed he/she will be in default, unless the Referee shall deem it proper to extend the time for the completion of said purchase. Whether there be an extension granted or a resale pursuant to paragraph 6th hereof, this purchaser will be 6 of 19
charged with interest on the whole amount of the purchase price from the date hereof to the date of delivery of the deed. 4th. All taxes, assessments, water rates and other encumbrances which, at the time of sale, are liens or encumbrances upon said premises will be paid by the Purchaser. Expenses of recording the deed, including but not limited to recording fees, deed stamps, New York State Transfer Tax and New York City Transfer Tax, where applicable, will be paid by the purchaser. In the event purchaser raises any objections to title, Plaintiff shall have the option of providing fee title insurance, at Purchaser's expense, from a title company of Plaintiffs choice authorized to do business in New York State, providing said policy provides insurable title to Purchaser. When offered, Purchaser's refusal to accept title insurance from Plaintiff's title company shall constitute a default under the tem1s of this agreement. Purchaser will not be entitled to seek to vacate the sale due to uninsurable title where title insurance has been offered by Plaintiff's title company. 5th. The Purchaser of said premises will, at the time and place of sale, sign a memorandum of his/her purchase and an agreement to comply with the tenns and conditions of sale herein contained. Purchaser is bound by the terms of this agreement and the terms of the Judgment of Foreclosure and Sale. 6th. The bidding will be kept open after the property is struck down; and in case any Purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down to him/her will be again put up for sale under the direction of the Referee under these same terms of sale, without application to the Court, unless Plaintiff's attorneys shall elect to make such application; 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 they may be purchased on the resale, and also for any costs or expenses occurring on such resale. 7th. The Purchaser agrees that this sale is "as is" and subject to the following items, which are neither valid exceptions to clear title nor valid reasons to adjourn the closing: 7 of 19
(a) Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley, or highway; restrictions and easements of record. (b) Any state of facts that an accurate survey might disclose, including reapportionment of tax lots or changes to the section, block and lot subsequent to the filing ofthe Notice of Pendency. Plaintiff is not required to provide a survey. (c) Rights oftenants, occupants or squatters, if any. Plaintiff makes no representations as to the occupancy status of the property. It shall be the responsibility of the Purchaser to evict or remove any patties in possession of premises. There shall be no adjustment for rents after the date of sale. (d) Prior mortgages, liens or encumbrances, whether or not provided for in the judgment. (e) The right of redemption ofthe United States of America. (f) Any rights pursuant to CPLR 317, 2003 and 5015 or any appeal of the underlying action. (g) Any building and zoning regulations, restrictions, ordinances and amendments thereto of the municipality, state, or federal government, or any agency, bureau, commission or department with jurisdiction over the property, and any violations or notices ofviolations issues by same, including, but not limited to code violations and reapportionment oflot lines. (h) Any orders or requirements issued by any governmental entity having jurisdiction against or affecting said premises and violations of the same, including but not limited to any type ofnotice of Pendency filed by same. 8 of 19
(i) Any bankruptcy in which there is no automatic stay, pursuant to 11 USC section 362 (c)(4)(a). Plaintiff has no duty or obligation to obtain a comfort order pursuant to I 1 USC Section 362 (c)(4)(a)(ii). G) Any Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances. (k) Other conditions in the Judgment to the extent that these terms do not contradict or vary any express and overt provisions of said Judgment. (l) Any forbearance, reinstatement or modification agreement or any other agreement to adjourn or postpone the sale entered into between Plaintiff and Defendant prior to holding the sale. 8th. In the event seller is unable to convey title in accordance with the tem1s of this contract, the sole liability of seller will be to refund the down payment and upon such refund this contract shall be deemed cancelled and neither party shall have any claim against the other. 9th. Should the premises herein be part of a condominium or homeowners association the buyer shall be responsible to pay any open and unpaid common charges. 1Oth: Plaintiff may: In case the purchaser shall fail to comply with any of the above conditions of sale, (a) In its discretion charge purchaser interest at the rate of nine percent (9%) per annum on the entire purchase price from the date set forth in paragraph FOURTH above until the transfer of the Referee's deed. Said interest may be charged regardless of any adjournment of the closing, or 9 of 19
(b) Place the prope1iy for resale under the direction of said Referee, without application to the Court, unless the plaintiffs attorneys shall elect to make such application, or (c) Sell the premises to the second highest bidder, in the discretion of the Referee. In the event of resale, Purchaser shall be held liable for the difference between the amount received upon resale and the amount of purchaser's successful bid, plus the costs, expenses and attomey's fees occun ing as a result of said resale. Purchaser's deposit shall be applied to said deficiency, with any overage refunded t-o said purchaser. Purchaser shall be liable for any remaining deficiency. Should plaintiff be the successful bidder at said resale, purchaser agrees to forfeit its entire deposit as liquidated damages. Such forfeiture shall not be a waiver of any rights of plaintiff to seek and obtain other damages as allowed for by law. 11th: Neither the Referee nor the Plaintiff shall be liable for nor bound by any verbal or written statements, representations, promises, or guaranty, real estate broker's commissions or information pertaining to the premises fumished by any third party, real estate broker, agent or their employee. Neither the Referee nor the Plaintiff is liable for any express or implied warranties, guaranties, promises or statements of any kind relating in any manner to the premises. All understandings and agreements heretofore had between the parties are merged in these Tetms of Sale, which fully and completely express their agreement. These Terms of Sale cannot be changed, terminated or waived orally. Tl e Terms of Sale shall be binding on the Purchaser(s) and any heirs, successors and assigns th re f. Dated: 09/21/2016 10 of 19
MEMORANDUM OF SALE The undersigned has this 09/21/2016 purchased the premises more particularly described in the printed advertisement of sale for the sum of Dollars ($ i, I 0.3 1 ODO ~ <:tnd hereby promises and agrees to comply with the terms and conditions of the sale of said premises as above mentioned and set forth. c'ij11 -;? Purchaser:., --' ~. " 'l..- N ~- Mc...vk ~ -z...y"'it."'-... ame. clo 310 \r"es+- S 2 :s t' I :f-g I LLC Address: t<- "' 1 '-13CJ ~c, st CS.G..;,- -#'3 t '-I J.L. IW J UU Z.~ Telephone: N '"\~'-# r 0 v ' \ E-mail: 2-0 l- G::, 1-Q- cy"'"t31 =====================--========================== RECEIVED from Jv\uVl<-rtez.nik ("Purchaser") the sum of -1f /201 txjd Dollars ($ l L 0 1 ().)0 ), being ten percent ( 1 0%) o the amount bid by the Purchaser for propetiy Dated: 09/2112016 11 of 19
AFFIDAVIT OF MAILING STATE OF NEW YORK SUPREME COURT- COUNTY OF NEW YORK INDEX NO. S50129/13 HSBC BANK USA, N.A., Plaintiff, vs. SUM C. HUI; BOARD OF MANAGERS OF THE 310 WEST 52ND STREET CONDOMINIUM A/KIA THE LINK CONDOMINIUM; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, 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 August 10, 2016, he mailed a copy of the notice of sale to the following: No Does-310 West 52"d Street, Unit 17C & 310 West 52"d Street, SUS, New York, NY 10019 Sum C. Hui-310 West 52"d Street, Unit 17C & 310 West 52"d Street, SUS, New York, NY 10019 Board of Managers of the 310 West 52"d Street Condominium alk/a The Link Condominium c/o Midboro Management Corp.-333 7th Avenue, 5th Fl., New York, NY 10001 New York City Environmental Control Board-100 Church Street, New York, NY 10007 Sworn to before me this 12 of 19
SUPREME COURT- COUNTY OF NEW YORK HSBC BANK USA, N.A., Plaintiff against SUM C. HUI, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered on July 25,2016. I, the undersigned Referee will sell at public auction at the New York County Supreme Courthouse, Room 130, 60 Centre Street, New York, N.Y. on the 21 5 tday of September, 2016 at 2:00p.m. premises Lying and being in the Borough ofmanhattan and State of New York. In the condominium known as "310 W. 52"d Street Condominium." Together with an undivided 0.3194% (Unit 17C) and with an undivided 0.0145% (SUS) interest in the Common Elements. Said premises known as 310 West 52"d Street, Unit 17C, New York, N.Y. 10019 and 310 West 52"d Street, SUS, New York, N.Y. 10019. (Block: 1042, Lot: 1189 and Block: 1042, Lot: 1323). Approximate amount of lien$ 588,067.96 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 850129-13. Charles Sidney Lester, Esq., Referee. Stern & Eisenberg, PC Attorney(s) for Plaintiff Woodbridge Corporate Plaza 485 B Route 1 South - Suite 330 Iselin, NJ 08830 (732) 582-6344 13 of 19
'S.. u STATE OF NEW YORK.. P R... EME...cou.. R.T..... -. CQUN~ OF... NEW County of Bronx, YORK HSBC B~K USA, N.A., Plaintit'r against SUM C.. HUI, et al Defendant(s)... Pursuant to a Judgntent of Foreclo'sure and Sale entered on July 25,. 2016. I, the undersigned Referee will sell at public auction at the New York County Supreme Courthouse, Room 130, 60 Centre Street, New York, N.Y;.on. the 21st day of September, 2016 at 2:00 p.m. premises Lying and being in the Bor-. ough of.manhattan and State of New York. In the condominium known as ~310 W. 52nd Stl'eet Con dominium." Togethe.r with an undivided 0.3194% (Unit 17C) and with an undivided 0.0145% <SUS) interest in the. Common Elements. Said premises known<.as 310:West 521ld Street, Unit 17C, New Yprk, N,Y. 1()()19 an<i 31() West 52nd Stt:eet, SUS, New York, RY. 10011}, <Block: 1042, Lot: 1189 and BJock: 1042, L<>t: 1323). Approximate. amoun~ < of.lien$ 58$,067;96 plus.mter est and costs.... ' Premises wm be sold sub ject to proyisions <>'f filed jndgntent and terms of sale, I Index No, 850129-13. ; Chat:les. Sidney. Lester, Esq.; Refet:ee~. Stern &: Eisenberg; PC I Attol.'ney(s} for Plaintiff Woodbridge Corporate Plaza 485 B Route 1 South - I Suite. JSO Iselin., NJ 08830 (732)5~ 0000142076 au11-w s7 ss: Brenda Estrada, being duly sworn, says that she is the PRINCIPAL 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 com August 2016. TO WIT: August 17. 24, 31, 2016 September 07, 2016 SWORN TO BEFORE ME, th;s 7th day } Of September, 2016.. 4rd!~~ Notary Public, State of New York No. 01BY6056945 Qualified in Kings County Commission Expires April 9, 2019 cing on the 17th day of 14 of 19
0 & V Legal Advertising, LLC 26 Court Street-Suite 903 Brooklyn, New York 11242 Telephone: {718) 875-9677 Bill To: Margaret J. Cascino Stern & Eisenberg, PC 485 B Route 1 South Suite 330 Iselin, NJ 08830 Ship To: Invoice Number: 129885 Date: August 12, 2016 Description HSBC v. Sum C. Hui Sep 21, 2016 at 2:00 pm 850129/13 New York Law Journal Aug 17, 24, 31, Sep 7, 2016 587.119400-2 Amount 2,866.40 Total $2,866.40 TERMS NET30 Newspapers will forward Affidavits of Publication upon receipt of payment. Prompt payment will be greatly appreciated. Thank you for your business/ 15 of 19
Property Tax I View Items Profile Name(s): HUI,SUMC Planned Payment Date: 11/09/2016 Mailing Address: 310 WEST 52 STREET SU8 NEW YORK, NY 10019 BBL: 1-01042-1323/0 3 Finance-Property Tax 1-01042-1323/0. 01/01/2012 II 23.39 9 Finance-Property Tax 1-01042-1323/0 07/01/2013 41.20 13 Finance-Property Tax 1-01042-1323/0 07/01/2014 " 38.55 16 of 19
17 07/01/2015 55.70 23 Finance-Property Tax 1-01042-1323/0 01/01/2017 52.42 $930.24 ' Go to NYC.gov Home I Finance Home I Health I Consumer Affairs I Environmental Protection I Contact Us I FAQs I Privacy Statement I Site Map I Search Copyright 2001 New York. City D.O.F. AD rights reserved.- Contact NYCServ (A new window wm open). 17 of 19
E~ENT TITLE AGENCY BORROWER310 WEST 52 ST, 17C, LLC SELLER LESTER, ESQ., REFEREE Fee fusurance $ 1,103,000.00 (stepped up amount $1,123,129.75) Loan fusurance $ 0.00 BILLlOFl Closing Date. Title No. EG16-2263 Property Address 310 WEST 52ND STREET, UNIT 17C AND SU8 New York County Title Charges Fee Mortgage New Survey/Inspection Exam//Liens!Jl!dg Mimicipals Patriot Act Search Bankruptcy Search Endorsements Environmental Prot,.. NY Residential Mortgage Waiver Of Arb-M neg am Market value rider Condo Endorsement Recording Charges NYSM. Tax ON NYS Mgt Tax (114) Stat Transfer Tax Real Propert:yTax Filing fees Mansion Tax Deed CondoPOA Mortgage POA tax map verification letter ucc Cert of Good Standing (2) fedex delivery EscrowDeps Property Tax Lot 1189 1/17 except Property Tax Lot 1323 past due Property Tax Lot 1323 1117 except Prep. of transfer documents Recording service charge SALES TAX Total Total Purchaser 4,885;00 475 60 50 4,494.00 16,004.60 11,231.30 177 52 65 200 51.92 37,745.82 - SeDer Lender 35 1,000.00 175 1210 0 Closer:.$250 Closer's Remarks: 18 of 19
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