OneWest Bank, N.A. v. Buono et al
| New York Eastern District Court | |
| Judge: | Joanna Seybert |
| Referred: | Arlene R Lindsay |
| Case #: | 2:14-cv-06610 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 28:1332 Diversity-Contract Default |
| Case Filed: | Nov 10, 2014 |
| Terminated: | Mar 31, 2018 |
| Last checked: Saturday May 09, 2015 12:17 AM EDT |
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Counter Claimant
Anthony Buono
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Counter Claimant
Mary Ellen Buono
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Counter Defendant
OneWest Bank, N.A.
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Defendant
Anthony Buono
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Defendant
Mary Ellen Buono
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Defendant
Capital One Bank
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Defendant
John Doe
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Defendant
Ford Motor Credit Company LLC
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Plaintiff
OneWest Bank, NA
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Plaintiff
OneWest Bank, N.A.
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GPO
Aug 29 2016
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS; Judge Lindsay's R&R (Docket Entry 52) is ADOPTED in its entirety. Plaintiff's motion for default (Docket Entry 33) is GRANTED. Capital One is barred from asserting its right under its lien after the Notice of Pendency of this action is filed, and Plaintiff's claims against John Doe are discontinued without prejudice. The Clerk of the Court is directed to TERMINATE John Doe as a defendant in this action. Plaintiff is directed to serve Capital One with a copy of this Memorandum and Order and file proof of service on ECF. So Ordered by Judge Joanna Seybert on 8/29/2016. C/ECF (Valle, Christine) |
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GPO
Mar 31 2018
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Lindsay's R&R (Docket Entry 62) is ADOPTED in its entirety, and Plaintiff's motion for a Judgment of Foreclosure and Sale (Docket Entry 57) is GRANTED IN PART and DENIED IN PART. The Court will modify and execute the proposed Judgement of Foreclosure and Sale forthwith, and appoints Thomas J. Stock, Esq., 88 2nd Street, Mineola, New York 11501 to serve as Referee. Plaintiff is directed to promptly serve Defendants with a copy of this Memorandum and Order and file proof of service on the docket. Upon entry of the Judgment of Foreclosure and Sale, the Clerk of the Court is directed to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 3/31/2018. C/ECF (Valle, Christine) |
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GPO
Mar 31 2018
DECREE of Foreclosure, Thomas J. Stock added. ORDERED, ADJUDGED AND DECREED, that Judgment of Foreclosure and Sale is entered against ANTHONY BUONO and MARY ELLEN BUONO in the amount of $1,090,990.54 with an unpaid principal balance of $857,500.00 as of May 1, 2017, with contractual interest at the rate of 7.400% which results in a daily per diem rate of $173.85 until entry of this order and the statutory rate thereafter. ORDERED, ADJUDGED AND DECREED, that upon said testimony and exhibits, that the amount due Plaintiff on the Note is $1,090,990.54, together with interest as specified herein, and that the mortgaged property at 21 SAINTS ORCHARD ROAD, BELLE TERRE, NY 11777, ("Property") cannot be sold in parcels. ORDERED, ADJUDGED AND DECREED, that the Property be sold in one parcel at public auction to the highest bidder, as authorized under §231(1) of the RPAPL, at the Huntington Town Hall, 100 Main Street, Huntington, NY 11743, by Thomas J. Stock, Esg, 2nd Street, Mineola NY 516-747-2478, who is hereby appointed Referee to effectuate the sale of the Property; that public notice of the time and place of the sale be made by the Referee in compliance with §231 (2)(a) of the RP APL and the practice of this Court, and published in The Long Islander or in publication in compliance with RP APL §231. See order for further details. Ordered by Judge Joanna Seybert on 3/31/2018. (Florio, Lisa) |
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GPO
Nov 08 2019
MEMORANDUM & ORDER granting 73 Motion to Vacate 66 Judgment of Foreclosure and Sale; For the foregoing reasons, Plaintiff's motion (D.E. 73) is GRANTED and the Judgment of Foreclosure and Sale, entered March 31, 2018 (D.E. 66), is VACATED. The Referee, Thomas J. Stock, Esq., who was appointed to sell the Property at public auction pursuant to the Judgment of Foreclosure and Sale is DISCHARGED and RELIEVED of any and all obligations and requirements thereunder. Pursuant to Section 6514(a) of the New York Civil Practice Laws and Rules, the County Clerk of Suffolk County is DIRECTED, upon payment of proper fees, if any, to cancel and discharge the Notice of Pendency filed in the Office of the Suffolk County Clerk on December 15, 2014 and in this Court on November 2, 2017, and said Clerk is DIRECTED to enter upon the margin of the record of the same a Notice of Cancellation referring to this Order. The Clerk of Court is directed to VACATE the March 31, 2018 Judgment of Foreclosure and Sale and to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 11/8/2019. C/ECF (Valle, Christine) |
| Docket last updated: 8 hours ago |
| Friday, November 08, 2019 | ||
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order
Order on Motion to Vacate
Tue 11/12 9:47 AM
MEMORANDUM & ORDER granting73 Motion to Vacate66 Judgment of Foreclosure and Sale; For the foregoing reasons, Plaintiff's motion (D.E. 73) is GRANTED and the Judgment of Foreclosure and Sale, entered March 31, 2018 (D.E. 66), is VACATED. The Referee, Thomas J. Stock, Esq., who was appointed to sell the Property at public auction pursuant to the Judgment of Foreclosure and Sale is DISCHARGED and RELIEVED of any and all obligations and requirements thereunder. Pursuant to Section 6514(a) of the New York Civil Practice Laws and Rules, the County Clerk of Suffolk County is DIRECTED, upon payment of proper fees, if any, to cancel and discharge the Notice of Pendency filed in the Office of the Suffolk County Clerk on December 15, 2014 and in this Court on November 2, 2017, and said Clerk is DIRECTED to enter upon the margin of the record of the same a Notice of Cancellation referring to this Order. The Clerk of Court is directed to VACATE the March 31, 2018 Judgment of Foreclosure and Sale and to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 11/8/2019. C/ECF (Valle, Christine) |
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