SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
EverBank,
INDEX NO. 61569/2014
Plaintiff,
- against - REFEREE'S OATH
Samuel A. Souvenix, J'Nate M. Souvenir
Defendants.
STATE OF NEW YORK )
) sset
COUNTY OF WESTCHESTER )
1, gohn Sarcone, Esq., the Referee appointed by an Order of this court
made and entered in the above entitled action and bearing the date of March
25, 2015, to ascertain and compute the amount due to the Plaintiff upon the
pond/note and mortgage upon which this action is brought, do sclemnly swear
that 1 will faithfully and fairly determine the questions so referred to me
and make a true report thereon to the best of my ygderstanding:
Sworn to, before me on the
5 day of M7 2015
1 Q.LOAAL,
Notary PublicSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
EverBank,
INDEX NO. 61569/2014
Plaintiff,
- against - REFEREE'S REPORT
OF CompuTATION
Samuel A. Souvenir, J'Nate M. Souvenir
Defendants.
TO THE SUPREME COURT OF WESTCHESTER COUNTY:
Pursuant to an Order of this Court made and entered in the above
entitled action and bearing the date of March 25, 2015, whereby I was
appointed Referee to ascertain and compute the amount due to the Plaintiff
upon and by virtue of the bond/note and mortgage set forth in the
Complaint, I respectfully report:
1, That before proceeding to hear the testimony, I was first duly
sworn faithfully and fairly to determine the questions referred to me and
to make a just and true report thereon to the best of my understanding.
2. That it appears to my satisfaction that no person or party was
entitled to Notice of Hearing.
3. That evidence was presented to me by Stein, Wiener & Roth, L.L.?.
the attorneys for/or of counsel to the attorney for the Plaintiff herein.
4, That I have ascertained and computed the amount due to the
Plaintiff upon the said bond/note and mortgage together with interest
thereon from June 01, 2011 to January 31, 2015 and that I find and
accordingly report that there is due to the Plaintiff upon the said
bond/note and mortgage the sum of $423,631.75 DOLLARS.
5. That Schedule A annexed hereto contains a Schedule of the
documentary evidence introduced before me.
6. That Schedule B annexed hereto shows the amount due to the
Plaintiff for principal and interest on the bond/note and mortgage sought
to be foreclosed herein to the date hereof, the period of the computations
of the interest and its rate, and late charges; and attached thereto, an
Affidavit specifically setting forth these amounts.7]. The Parties Defendant, Samuel A. Souvenir, J'Nate M. Souvenir are
liable for any deficiency resulting from a sale of the mortgaged premises
as appears fron the bond/note dated January 30, 2008, made by Samuel A.
Souvenir, J'Nate M. Souvenir and introduced in evidence before me as
Exhibit "A", unless the defendants are validly discharged pursuant to @
Bankruptcy proceeding to which the Court shall deem the Plaintiff to be
entitled.
8. I have made inquiry as to the advisability of selling the
mortgaged premises in parcels and find and accordingly report that the
mortgaged premises should be sold in one parcel as the mortgaged premises
consists of a single structure, such that and the parcel therefore cannot
be subdivided.
“6-5-5
Sarcone, Esq.
ereeSCHEDULE A
ABSTRACT OF DOCUMENTARY EVIDENCE
One (1) bond/note bearing the date January 30, 2008, made and executed
by Samuel A. Souvenir, J'Nate M. Souvenir to Mortgage Electronic
Registration Systems, Inc. as nominee for Countrywide Bank, FSB in the sum
of $301,000.00 payment thereof with interest thereon at the initial rate of
6.750% per centum per annum to be paid in monthly installments commencing
on March 01, 2008, monthly thereafter on the same day of each month until
February 01, 2048.
RECEIVED AND MARKED EXHIBIT "A"
one (1) mortgage, made and executed by Samuel A. Souvenir, J'Nate M.
Souvenir to Mortgage Electronic Registration Systems, Inc. as nominee for
Countrywide Bark, FSB as security for the payment of the sum mentioned in
the condition of said bond/note, acknowledged on 30th day of January, 2008,
and recorded ia the Office of the Clerk of the County of WESTCHESTER on
February 14, 2008, in Control # 480420155 of Mortgages.
RECEIVED AND MARKED EXHIBIT "B"
Said Bond and Mortgage were consolidated, modified and/or extended by
Agreement dated May 27, 2010, and recorded August 16, 2010, in Control #
502163338, which Agreement was duly executed by the mortgagee and Samuel A.
Souvenir, J'Nate M. Souvenir, who assumed the obligation thereunder in the
fully secured zmount of $304,050.00.
RECEIVED AND MARKED EXHIBITS "C" THROUGH"
Which mortgage was duly assigned to plaintiff herein on January 29,
2010 and recorded in the Office of the Clerk of the County of WESTCHESTER
on June 22, 2010.
Dated: SS iS
RECEIVED AND MARKED EXHIBIT "F"SCHEDULE B
STATEMENT OF COMPUTATION
PRINCIPAL sum due and unpaid on the aforesaid
bond/note and mortgage..... pave raceme $299,762.67
INTEREST on said principal sum from June 01, 2011
to January 31, 2015........-- 57, 686.28
PRE-ACCELERATED LATE CHARGES..... ena niRiw em rmawiTIFe 906.48
ESCROW ADVANCES..... 59,125.22
PROPERTY PRESERVATION.....+-+ 5,899.60
INSPECTIONS. + .eccascsssgeatnewerenseenasaeuenswening 126.50
BPO/APPRAISALS...... 125.00
I have examined the proofs of the advances made by the Plaintiff herein as
set forth above and the attached affidavit on behalf of the Plaintiff and I
am satisfied that the Plaintiff has actually made these advances or they
have been made on the Plaintiff's behalf.
SUBTOTAL $423,631.75
LESS CREDIT FOR ESCROW $0.00
TOTAL $423,631.75