Mortgage Elec. Registration Sys., Inc. v Toure

[*1] Mortgage Elec. Registration Sys., Inc. v Toure 2012 NY Slip Op 51464(U) Decided on August 2, 2012 Supreme Court, Bronx County Hunter Jr., J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 2, 2012
Supreme Court, Bronx County

Mortgage Electronic Registration Systems, Inc. as Nominee for Greenpoint Mortgage Funding Inc., Plaintiff,

against

Ahmed Toure, African Islamic Center, Inc., JP Morgan Chase Bank, New York City Department of Taxation and Finance, New York State Department of Taxation and Finance, Vincent Wollard, Larry Williams & Marcia McCullough, Defendants.



49904/02



Attorney for Claimant African Islamic Center, Inc.,: Perry Ian Tischler, Esq.

Alexander W. Hunter Jr., J.

The motion by Atlantis Asset Recovery, power of attorney for claimant defendant African Islamic Center, Inc., for an order of distribution of surplus monies in accordance with the referee's report and recommendation and directing the New York City Department of Finance to disburse surplus funds on deposit in accordance with the referee's report, is granted without opposition.

Movant asserts that claimant's prior counsel moved this court on September 4, 2007 seeking to confirm the referee's report of sale and to appoint a referee for the purpose of ascertaining the priority of lien holders with respect to the surplus monies that were on deposit as a result of the foreclosure action. John Mangialardi, Esq., was appointed by order of this court dated February 7, 2012 to compute and ascertain and report to the court the status of the claimants to the surplus monies. On May 13, 2012, John Mangialardi, Esq., issued a report and recommendation and filed same with the court. In accordance with said report, movant asserts that there is no other competing claim and that claimant African Islamic Center is entitled to the surplus monies.

The referee's report indicates that the referee in the foreclosure action deposited the sum of $42,301.98 into the Bronx County Clerk's Office as surplus monies. The referee indicates in his report that he has been supplied with the court's "Certificate of No Exceptions and Certificates of No Claimants" dated January 6, 2012. He further states that there appears to be no other judgment or liens filed by any of the named defendants and no other person or entity has [*2]filed a claim for said surplus monies in the Bronx County Clerk's Office. The referee states that since the funds were deposited in May 2007 and no other claims have been noted or filed to date, it would be reasonable to conclude that none of the named defendants have any claims to the funds except for the movant herein.

The referee recommends that the surplus monies be distributed as follows: a sum equal to 20% of the total sums deposited and accrued interest to Atlantis Asset Recovery and the remaining balance to African Islamic Center, Inc. The referee further requests in his report, that he be paid a total of $750.00 for his services as referee. (Exhibit C).

This court did not receive any papers in opposition to the instant motion. Accordingly, the motion for distribution of surplus monies in accordance with the referee's report and recommendation is granted.

Submit order on notice.

Dated:August 2, 2012

J.S.C.