United States of America Acting Through Farmers home Adminstration, United States Department of Agriculture v. Shattuck et al
| New York Northern District Court | |
| Judge: | Glenn T Suddaby |
| Referred: | Therese Wiley Dancks |
| Case #: | 3:18-cv-01230 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 28:1345 USA Plaintiff |
| Case Filed: | Oct 16, 2018 |
| Terminated: | Oct 26, 2020 |
| Last checked: Sunday Apr 14, 2019 5:05 AM EDT |
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Defendant
John Doe #1-5 and Jane Doe #1-5
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Defendant
New York State Department of Taxation and Finance
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Defendant
Opportunities for Chenango Inc.
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Defendant
The Estate of David F. Shattuck
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Defendant
Unknown Heirs of the Estate of Donald F. Shattuck
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Defendant
United States of America
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Represented By
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Plaintiff
United States of America Acting Through Farmers home Adminstration, United States Department of Agriculture
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Donald F. Shattuck
Terminated: 02/22/2019
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GPO
Mar 03 2020
DECISION AND ORDER that Plaintiff's 42 motion for default judgment is DENIED without prejudice. Plaintiff may refile its motion either (a) with proof that it filed its Complaint along with the existing notice of pendency, or (b) after filing a new notice of pendency with a copy of the Amended Complaint in the Chenengo County Clerk's Office. See Slutsky v. Blooming Grove Inn, Inc., 147 A.D. 2d 208, 213 (N.Y. App. Div. 2d Dep't 1989) (noting that successive notices can be filed for the purposes of prosecuting to final judgment on a foreclosure action). Signed by Chief Judge Glenn T. Suddaby on 3/3/2020. (sal ) |
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GPO
Oct 26 2020
DECISION AND ORDER that Plaintiff's motion for default judgment and partial dismissal (Dkt. No. 42) is GRANTED. This action is DISMISSED against Defendants John Doe #1-5, Jane Doe #1-5, and Unknown Heirs of the Estate of Donald F. Shattuck. Plaintiff is granted a judgment herein for the sum of THIRTY-ONE THOUSAND FIVE HUNDRED AND EIGHT DOLLARS AND FORTY-SEVEN CENTS ($31,508.47), plus additional interest accruing at the rate of 8.75% per annum from June 24, 2020, until the entry of judgment. the mortgaged premises described in the Amended Complaint and as hereinafter described, be sold in one parcel, "as is," subject to the following: any state of facts that an accurate survey may show; easements, covenants, restrictions or reservations of record, if any; zoning restrictions and any amendments thereto according to law, and 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 without any apportionments or adjustments. The mortgaged premises shall be sold at public auction to be held in the lobby of the Chenango County Courthouse at West Park Place, Norwich, New York 13815 by and under the direction of Michael J. Laucello, Esq., of 40 Chenango Avenue, Clinton, New York 13323, who is hereby appointed Master for that purpose; that said Master give public notice of the time and place of said sale according to N.Y. R.P.A.P.L. § 231 by advertising in The Evening Sun; that said Master shall accept at such sale the highest bid offered by a bidder, who shall be identified upon the Court record, and shall require that such successful bidder immediately pay to the Master in cash or certified or bank check payable to such Master ten percent of the bid, and shall execute Terms of Sale for the purchase of the premises, unless such successful bidder is Plaintiff, in which case, no deposit against the purchase price shall be required. In the event that the first successful bidder fails to immediately pay the ten percent deposit as provided herein or fails to execute the Terms of Sale immediately following the bidding, the mortgaged property shall thereafter immediately be reoffered and readvertised for auction. The closing of title shall take place at the office of the Master or at such other location as the Master shall determine within thirty days after such sale unless otherwise stipulated by all parties. The Master shall transfer title only to the successful bidder at the auction. Any delay or adjournment of the closing date beyond thirty days may be stipulated among the parties, with the Master's consent, up to ninety days from the date of the sale, but any adjournment beyond ninety days may be set only with the approval of the Court. Said Master shall deposit all funds received pursuant this Judgment in his own name as Master in his client fund or escrow bank account. The Master shall thereafter forthwith pay therefrom, First, the sum of $750.00 to said Master for his fees herein, and no compensation in excess of $750.00 may be accepted by the Master without prior Court approval, Second, the expenses of the sale and the advertising costs as shown on the bills presented to said Master and certified by him to be correct, copies of which shall be attached to the Master's Report of Sale, Third, pursuant to N.Y. R.P.A.P.L. § 1354, in accordance with their priority according to law, taxes, assessments, sewer rents, water rates and any charges placed upon the property by a city agency which has priority over the foreclosed mortgage, which are liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued thereon, and Fourth, the sum of $1,702.72 adjudged to Plaintiff for its costs and disbursements in this action, and the sum of $29,805.75 adjudged to Plaintiff under the Note and Mortgage, with additional interest accruing at the note rate of 8.75% per annum from June 24, 2020, to the date of the entry of this Judgment. The Master shall take receipt of the costs and expenses paid and attach such receipt to the Master's Report of Sale. Surplus money from the sale, if any, shall be filed with the Clerk of this Court within five days after the same shall be received and ascertainable, to the credit of this action, to be withdrawn only on the order of this Court. In the event that Plaintiff is the purchaser of the mortgaged premises at said sale, the Master shall not require Plaintiff to pay in cash the entire amount bid at the sale, but shall execute and deliver to Plaintiff a deed of the mortgaged premises sold upon payment to the Master of the sums marked "first," "second," and "third" above if such expenses were paid by the Master, or in lieu of payment of said last mentioned amounts, upon filing with said Master receipts of the proper municipal authorities showing payment thereof. The balance of the amount bid, after deducting therefrom the aforementioned payments to the Master for compensation and expenses, taxes, assessments, water rates, sewer rents and priority liens of a city agency, shall be allowed to Plaintiff and applied by the Master upon the amounts due to Plaintiff as specified in the item marked fourth. If there is a surplus over and above said amounts due to Plaintiff, Plaintiff shall pay to the Master, upon delivery of the Deed, the amount of such surplus, and said Master shall deposit said surplus as herein above directed with the Clerk of the Court to be withdrawn only on the order of this Court. The Master shall make his Report of Sale and shall file it with the Clerk of the Court with all convenient speed. If the proceeds of such sale be insufficient to pay the amount adjudged due to Plaintiff with the expenses, interests and costs as aforesaid, the Master shall specify the amount of such deficiency in his Report of Sale. Plaintiff shall file a motion to confirm the Master's Report of Sale pursuant to N.Y. R.P.A.P.L. § 1355. The purchaser at said sale be let into possession on production of the Master's deed. Each and all 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 hereby are forever barred and foreclosed of all right, title, claim, interest, lien and equity of redemption in said mortgaged premises and each and every part thereof. The Master at the time of sale may accept a written bid from Plaintiff or Plaintiff's attorneys, just as though Plaintiff were physically present to submit such bid. The mortgaged premises be sold in one parcel in "as is" physical order and condition, subject to any state of facts than an inspection of the mortgaged premises would disclose, any state of facts that an accurate survey of the mortgaged premises would show, any covenants, restrictions, declarations, reservations, easements, rights of way and public utility agreements of record, if any, and any building and zoning ordinances of the municipality in which the mortgaged premises is located and possible violations of the same, any rights of tenants or persons in possession of the subject premises, prior liens of record, if any, except those liens addressed in N.Y. R.P.A.P.L. § 1354 and any equity of redemption of the United States of America to redeem the mortgaged premises within 120 days from the date of sale. Risk of loss shall not pass to the purchaser until closing of title. In the absence of a Master, the Court may designate a Substitute Master forthwith. Signed by Chief Judge Glenn T. Suddaby on 10/26/2020. (sal) |
| Docket last updated: 3 hours ago |
| Tuesday, March 23, 2021 | ||
| 59 | 59
27
pgs
order
Order on Letter Request
Tue 03/23 1:47 PM
ORDER granting58 Letter Request that the Report of Sale be, and the same hereby is, in all respects confirmed; and that the sale of the mortgages premises be, and the same hereby, is in all respects confirmed. Signed by Chief Judge Glenn T. Suddaby on 3/23/2021. (sal ) |
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| Friday, March 19, 2021 | ||
| 58 | 58
motion
Letter Request/Motion
Fri 03/19 1:33 PM
Letter Motion from Plaintiff for United States of America Acting Through Farmers home Adminstration, United States Department of Agriculture requesting confirmation of Master's Report of Sale submitted to Judge Glenn T. Suddaby .(Manfredi, John) |
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Att: 1
declaration,
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Att: 2
exhibit a,
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Att: 3
exhibit b
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