JPMorgan Chase Bank, N.A. v Topchiev

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JPMorgan Chase Bank, N.A. v Topchiev 2020 NY Slip Op 30389(U) January 28, 2020 Supreme Court, New York County Docket Number: 850201/2018 Judge: Arlene P. Bluth Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM NYSCEF DOC. NO. 113 INDEX NO. 850201/2018 RECEIVED NYSCEF: 01/28/2020 SUPREME COUR.T OF THE STATE OF NEW YORK Nl;W YORK COUNTY . PRESENT: HON. ARLENE P. BLUTH PART IAS MOTION 32 Justice --------------------------------------------------------~~-----------------------X JPMORGAN CHASE BANK, NATIONALASSOCIATION F/K/A JPMORGAN CHASE BANK, INDEX NO. MOTION DATE MOTION SEQ. NO. Plaintiff, .1 - 850201/2018 003 -vREVAS TOPCHIE\t, DAVID TOPCHIEV NK/A DAVID TOPCHIEVA, THE BOARD OF MANAGERS OF THE LEX 54 CONDOMINIUM, CAPITAL ONE EQUIPMENT FINANCE CORP., F/K/A ALL POINTS CAPITAL CORP., D/B/A CAPITAL ONE TAXI MEDALLION FINANCE, CITY OF NEW YORK DEPARTMENT OF FINANCE PARKING VIOLATIONS BUREAU, UNITED STATES OF AMERICA, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE-TAX COMPLIANCE DIVISION-C.0.-ATC, DECISION + ORDER ON MOTION, JUDGMENT OF FORECLOSURE AND SALE Defendant. --------------------------------------~------------------~-----------------------X The following e-filed documents, listed by NYSCEF document number (Motion 003) 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 8·9, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111 JUDGMENT - FORECLOSURE & SALE . were read on this motion to/for Upon the foregoing documents, it is ORDERED and ADJUDGED thb motion to confirm the referee's report and for a • 11 judgment of foreclosure and sale is granted; and it is further i: ' ORDERED that the mortgaged property described in the complaint and as described in this judgment, or such part thereof as m~y be sufficient to discharge the mortgage debt, the expense of sale and the costs of this acti6n as provided in the RP APL be sold within 90 days of this judgment, in one parcel, at a public auction at the New York County Courthouse located at 60 Centre Street, New.York, New York on a Wednesday at 2: 15 p.m. under the direction of Elaine Shay, who is appointed Referee for this purpose; and it is further 850201/2018 JPMORGAN CHASE BANK, vs. TOPCHIEV, REVAS Motion No. 003 c 1 of 9 Page 1of9 [*FILED: 2] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM NYSCEF DOC. NO. 113 INDEX NO. 850201/2018 RECEIVED NYSCEF: 01/28/2020 ORDERED that the Referee shall give public notice of the time and place of sale in accordance with RP APL 231 (2) in the i{ew York Law Journal; and the referee need not conduct the sale unless plaintiff shall provide tht;: referee with proof of publication of the notice of sale, •I and if the sale is adjourned due to plaintiff's failure to provide such proof, then said adjournment shall not be considered at the referee's request; and it is further ORDERED that by accepting thi;s appointment the Referee certifies that she/he is in · compliance with Part 36 of the Rules ofthe Chief Judge (22 NYCRR Part 36), including, but not . I limited to §36.2 (c) ("Disqualifications from appointment"), and §36.2 (d) ("Limitations on appointments based upon compensation'_'), and, if the Referee is disqualified from receiving an ' appointment pursuant to the provisions 6f that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED that the Referee is prohibited from accepting or retaining any funds for herself/himself or paying funds to him/herself without compliance with Part 36 of the Rules of 1 the Chief Administrative Judge; and it is further ORDERED that the Referee shall conduct the foreclosure sale only if Pl~intiff, its successors and/or assignees or its representatives is present at the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors and/or assigns, or its representatives; and it is further ORDERED that ifthe Referee cannot conduct the sale within" 90 days of the date of this judgment, plaintiff must make a motion to extend the time to sell the subject property explaining the reasons for the delay; and it is further 850201/2018 JPMORGAN CHASE BANK, vs. TOPCHIEV, REVAS Motion No. 003 2 of 9 Page 2 of 9 [*FILED: 3] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM NYSCEF DOC. NO. 113 INDEX NO. 850201/2018 RECEIVED NYSCEF: 01/28/2020 ORDEREI;:> that at the time of sale the Referee may accept a written bid from the Plaintiff or the Plaintiffs attorney, just as though Plaintiff were physically present to submit said bid; and it is further ORDERED that the Referee shall accept the highest bid offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to the Referee in cash, certified check or bank check, ten percent ( 10%) of the sum bid, unless the successful bidder is Plaintiff, in which case no deposit against the purchase process shall be required and it is further ORDERED that notwithstanding the previous paragraph, the Referee shall have the right to refuse cash payments and require a bank or certified check from the successful bidder and the Referee shall be entitled to qualify bidders and require bidders to show proof of funds before or during the auction; and it is further ORDERED that in the event the first successful bidder fails to execute the Terms of Sale or fails to immediately pay the ten perce,!1t ( 10%} deposit as required, the property shall be immediately reoffered at auction on the same day; and it is further ORDERED the Referee shall deposit the down payment and proceeds of sale, as necessary in an FDIC-insured bank where the Referee has an account for that purpose in accordance with CPLR 2609; and it is ftirther ORDERED that after the balance of the purchase price is paid or credited and the ' property is sold, the Referee shall execute a deed to the purchaser in accordance with RP APL . 1353 and the terms of sale (which shall be . deemed a binding contract); and it is further . 850201/2018 JPMORGAN CHASE BANK, vs. TOPCHIEV, REVAS Motion No. 003 3 of 9 Page 3 of 9 [*FILED: 4] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM NYSCEF DOC. NO. 113 INDEX NO. 850201/2018 RECEIVED NYSCEF: 01/28/2020 ORDERED that in the event a party other than Plaintiff becomes the purchaser at the sale, the closing of title shall be held no ·'later than 30 days after the date of such sale; and it is further ORDERED that, pursuant to RPJ\PL 1353(1), if Plaintiff (or its affiliate as defined in paragraph [a] of subdivision one of section six-1 of the banking law) is the purchaser, the property shall be placed back on the market for sale or other occupancy within 180 days of the i execution of the deed of sale or within 90 days of construction, renovation, or rehabilitation of the property, provided that such construction, renovation or rehabilitation proceeded diligently to completion, whichever comes first, provided that this court grants an extension upon a showing of good cause; and it is further ORDERED that the Referee, after receiving the proceeds of the sale, shall pay (from the proceeds) the taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property in accordance with their priority according to law with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is further ORDERED that the Referee shall deposit the balance of the proceeds from the sale in his or her own name as Referee in an FDIC-insured bank where the Referee has an account for that purpose and shall make the following payments in accordance with RPAPL 1354: 1. The Referee's fees for condu,9ting the sale, which are $1,100. Plaintiff shall also compensate the Referee in the sum of $350 for each adjournment or cancellation made on less than two busine.ss days' notice unless the Referee caused the delay. 2. All taxes, assessments and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments or ' 850201/2018 JPMORGAN CHASE BANK, vs. TOPCHIEV, REVAS Motion No. 003 4 of 9 Page 4 of 9 [*FILED: 5] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM NYSCEF DOC. NO. 113 INDEX NO. 850201/2018 RECEIVED NYSCEF: 01/28/2020 water rates and any other ampunts due in accordance with RP APL 1354(2). The purchaser shall be responsible for interest and penalties accrued after the sale. The II Referee shall not be responsible for the payment of penalties or fees pursuant to this appointment. The purchaser shall hold the Referee harmless from any such penalties or fees assessed; 3. The expenses of the sale and''the advertising expenses as shown on the bills presented and certified by the Referee tp be correct, copies of which shall be annexed to the report of sale. · 4. The Referee shall also pay td'the Plaintiff or its attorneys the following: a. Amount Due from the Referee's Report: $85,007.30 with interest at the note rate from May 17, 20 i 9 until entry of judgment, together with any advances as provided for in the note and mortgage which Plaintiff had made for taxes, insurance, principal, and interest and any other charges due to prior mortgages I or to maintain the property pending consummation of the foreclosure sale, not included in the computation upon presentation of receipts for said expenditures to the Referee, and then with interest from the date of entry of this judgment at the statutory rate until the date the deed is transferred b. Costs and Disbursements: _ _ _ _ _ _ _ _ _ _ _ (to be filled in by the Clerk) to Plaintiff for costs and disbursements in this action with interest at the statutory judgment rate from the date of entry of this judgment; c. The Court declines to" award additional allowance. d. Attorneys' Fees: $5,225.00 is awarded as with interest at the statutory rate from the date of entry. of this judgment. 850201/2018 JPMORGAN CHASE BANK, vs. TO~CHIEV, REVAS Motion No. 003 5 of 9 Page 5 of 9 [*FILED: 6] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM INDEX NO. 850201/2018 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 01/28/2020 5. Surplus monies from the sale shall be paid into Court by the Referee within five days after receipt in accordance w,ith RP APL 1354(4); and it is further ORDERED that if Plaintiff is th6 purchaser of the property, or in the event that the rights of the purchasers at the sale and the temis of sale under this judgment shall be assigned to or be acquired by Plaintiff, and a valid assigmpent is filed with the Referee, the Referee shall not require Plaintiff to pay in cash the entir~~ amount bid at sale, but shall execute ~nd deliver to Plaintiff or its assignee, a deed or deeds of the property sold upon the payment to said Referee of ' ' the amounts specified as 1, 2, and 3 above, and the Referee shall allow Plaintiff to pay the amounts specified in 2 and 3 above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by Plaintiff, shall be applied to the amount due to Plaintiff as specified in 4 above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with 5 above; and it is further ORDERED that all expenses of recording the Referee's deed, including real property transfer taxes, which is not a lien upon the property at the time of sale, shall be paid by the plaintiff from the sale proceeds; and it is' further ' ' ORDERED that Plaintiff may seek to recover a deficiency judgment in accordance with RP APL 13 71 if applicable; ORDERED that if the property i$ sold in one parcel in "as is" physical order and condition, subject to any condition that ~n inspection of the property would disclose; any facts 'I that an accurate survey of the property would show; any covenants, restrictions, declarations, reservations, easements, right of way, and public utility agreements ofrecord, if any; any building and zoning ordinances of the m,~nicipality in which the mortgaged property is located and possible violations of same; any rights of tenants or persons in possession of the subject 850201/2018 JPMORGAN CHASE BANK, vs. Motion No. 003 TO~CHIEV, REVAS 6 of 9 Page 6 of 9 [*FILED: 7] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM NYSCEF DOC. NO. 113 property; prior liens of record, if any, INDEX NO. 850201/2018 RECEIVED NYSCEF: 01/28/2020 e~cept those liens addressed in RP APL 1354, any equity of redemption of the United States of America to redeem the property within 120 days from the ,date of sale, any rights pursuant to CPLR 317, 2003 and 5015 or any appeal of the underlying action or additional litigation brought by any defendant or its successor or assignee contesting i: the validity of this foreclosure; and it is further ORDERED that the purchaser be let into possession of the property upon production in hand of the Referee's Deed or upon persbnal service of the Referee's deed in accordance with CPLR 308; and it is further ORDERED that defendants in this action and persons claiming through them and any person possessing a junior interest in the' property after the Notice of Pendency was filed are barred and foreclosed of all right, claim, lien, title, and interest in the property after the sale of the mortgaged property; and it is further ORDERED that within 14 days after completing the sale and executing the proper conveyance to the purchaser, the Referee shall file with the clerk a report under oath of the disposition of the proceeds of the sale and upload the report toNYSCEF if it is an e-filed case; and it is further ORDERED that ifthe purchaser or purchasers at said sale default upon the bid or terms of sale, the Referee may place the property for resale without prior application to this Court unless Plaintiffs attorney elects to make such an application; and it is further ORDERED that Plaintiff shall se:rve a copy of this judgment with notice of entry upon the owner of the equity of redemption, any tenants named in this action, and any other parties entitled to service, including the Referee appointed herein; and it is further 850201/2018 JPMORGAN CHASE BANK, vs. TOPCHIEV, REVAS Motion No. 003 7 of 9 Page! of 9 1 [*FILED: 8] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM NYSCEF DOC. NO. 113 INDEX NO. 850201/2018 RECEIVED NYSCEF: 01/28/2020 ORDERED that nothing herein shall be deemed to relieve Plaintiff of any obligation imposed by RPAPL 1307 or 1308 to secnre and maintain the property until ownership of the property has been transferred and the deed duly recorded; and it is further ORDERED that when the Referee files a report of sale, she or he shall also file a Foreclosure Action Surplus Monies Form and also upload this document to NYSCEF if an efiled case; and it is further ORDERED that plaintiff shall upload the r:iotice of sale to NYSCEF at least 21 days before the sale and the Referee and plaintiff shall e-mail SFC-Foreclosures@nycourts.gov at least 21 days before the auction date so the auction may be placed on the auction calendar; IF THE AUCTION IS NOT ON THE CALENDAR, then the auction will not go forward; and it is further ORDERED that, without further order of the Court, the referee shall be entitled to an additional fee of $950 for conducting and attending a closing with a purchaser other than plaintiff, plus, if such a clos.ing is scheduled for the referee's conference room, then the referee shall be entitled to a reasonable fee-for use thereof, without further order of !the Court. . A description of the premises is annexed hereto as schedule A. The property is commonly known as 131/139 East 54th Street, Apt./Unit 5H, New York, NY 10022 a/k/a 636/644 Lexington Avenue, Apt./Unit SH, New York, NY 10022. ARLE DATE CHECK ONE: CASE DISPOSED GRANTED ' D NON-FINAL DISPO DENIED TION GRANTED IN PART . SUBMIT ORDER APPLICATION: SETTLE ORDER CHECK IF APPROPRIATE,: INCLUDES TRAN.SFER/REASSIG~ 850201/2018 JPMORGAN CHASE BANK, vs. TOPCHIEV, REVAS Motion No. 003 · 8 of 9 FIDUCIARY APPOINTMENT · D OTHER D REFERENCE Page fl oflll. [*FILED: 9] NEW YORK COUNTY CLERK 01/28/2020 11:33 AM NYSCEF DOC. NO. 113 INDEX NO. 850201/2018 RECEIVED NYSCEF: 01/28/2020 ; t.'1.1i;x rto'.. · si;l):HH i"t>,i n ;:.ttX'l!i\IT:l1 l'lY~Cgl"': O'f/j t/:i,OHl '' Tim Condominium U1·,i1 On lh1e Dui!di,rig locnicd nl 1md ~rnown U$11i11I l'.Y S11cct Numher IJ l ·139 ,lfo51 54tb Struc1, nl.k/n G36"6~14 l..cxinf:J;fon Avcru11c. New Yt>rkJ, <.11".'si!:nnt;:,•d m111 dc.serib1:.:d us Uni! N(1, SH fn rhc iDedMniilon ~Hld~r t1w·:condo1nlniu111 Ac! oflf1c Stntc nfNL'w Y11tk (Arliclc ?~U of ilu: l{et1J P1'1;1pe11y Low nflfltt~ S~nlr. of ,New \'otk); d:uted M':u~h 2.s. I?WI and 1·ce1mfod May 20, . 1987 in lhc,nmce,ofthc R~gislct o~f.fu: Ci1y of New York, County or New York in llccl 1233 Pi1ce 11 I HI <.is1nMishin1~ n J)lmi 1lor coiit.1omh1i1nn ow.ic:rshiJl 1)r stiid lluikiing nrrd t.l1c h:u1d 1(pon .which ii lu c.tl!Ctcd di:.:iiignidcd nud de!;crfbcd :ai; 'J'i:J1.l< L1H N1,1. 'Ii 3(1 Hinck 1309 Sc<.:lfon ~. nomugh M'np of thc R~~I 11>ropc;tiy Asii;essme11 t D~:1mrtment of City oJ' f<h:w York ,uf Mnnlmuuo, on 1'm1. 1 ntul on the fl',lom l h1ns of limit! Oul.ldi!lig ccrtHicd by Vincent StrtimirndirmU & Assocfat.c$, 'l'rofi::ssirmnl l:'~ng:1t,ccrs, 1J11)d fl led ns 1C,onllondnfum Phm No. 4 20 rm Mi1)1 2(); I9R 7 In 1he (lfo:resnld Hcgisrer1 ~ Oflict. · ., · 1 -~....,_ The land t1pon w}1ich lhc Building .e~ntaintng 1hc Uni! -! ______ _ i~ cnx:lcd is described as follows: t\LL Ihm certoio plot, piece or pnrcel of,tru1d, .ailui:llc~ lyin~, n.ml hd~tg i r• die Ilt1ftHl!!l1 of Ma1lhattnn, Cily, County aml SttHo of'Ncw YQrk, lnH1mkd ond dt~scribcd 11s.fi11!11ws: 'I BEGINNTNG al the corner formed by the in1erscctfon uf,thc wcs1c1ly and 1hc·11ri11Jrndy side of.S4th Slrcei:~,·" , ddt~ ofl.e>;ingHn~ /\veimc '' .. l<UNNING THENCU llorlhe,rly alcuiit the wcster,ly side of Ll~,xirli111:m Ave,rwe, HlO fet:I 5i hlches tu 1lu.a~111<.w line of"thc Mock belwc:cr~ 541h Street mill :551h Street; TJ IHNGJ; westerly ;ifld purnHel wilh inchi:s; ~4th Street along the cc111er .line of the hlo.;;k; l 16 feel 2 · Tf I ENCE :mmhedy um! rmr·nllel wit,ld.exingkm A vcim1c: rmd tmrl of lhe di:->1Qacc through n rm ly \\~111, JOO fo~1 5 incfit:s to the nm1hcrly side (tr:S~llh fi1t·ce1~ and "l:JIENCE c11.'1h'.1 ly nlong 11hc suicl 11r.1Jfhcrly side o( 541h Stree:t, 146 plui.:~ tif BEc'ilNNlNO. !Cer . 2 hit:h~s lo the po inc 01· . . TOOliTMEH wi1 h an undi, vided 0.:515'67 pc1• cl!nt iot,er(!SI in the cm111n<111 deHH:utir uf 11 h~ pr(lpicr'ly :rn <lei:cribed .in the DecJarnti<r\ recorded in RC?el I ?-3J Jlnue 1118, ·I 9 of 9 ' .J '

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