At Part ____ of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the ______day of ______, 2010

PRESENT: HON. ______, Justice

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DISTRIBUTION OF , Plaintiff(s) SURPLUS MONIES ORDER

Index Number: - against - Foreclosure of: (Property address) (Block & Lot)

, Defendant(s)

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UPON (recite the papers and exhibits in support of the motion), it is

ORDERED, that the report of the said Referee, ______, dated ______, be and the same hereby is ratified and confirmed in all respects; and it is further

ORDERED, that upon being served with a certified copy of this order with Notice of Entry, the Clerk of Kings County, the Commissioner of Finance of the City of New York, or any other persons or agencies having possession of the subject surplus funds, after first deducting their fees and commissions allowed by law, shall pay out and distribute the said monies deposited by the Referee herein to the credit of this action as follows:

ForeclosureForm-Distribution_Surplus_Monies_Order.wpd (1) To the Referee, ______, whose address is ______, the sum of $______as and for his fees for services rendered as said Referee.

(2) To the Claimant, ______, c/o his/her counsel, remaining balance of said surplus monies and any accrued interest thereon, up to the amount due and owing to said claimant; and it is further

ORDERED, that a copy of this Order with Notice of Entry shall be served within thirty (30) days of upon all claimants, all appearing parties, the Corporation Counsel of the City of New York, the New York State Attorney General, and the United States Attorney for the Eastern District of New York, and any other appropriate district and any other person who has a lien on the surplus monies; and it is further

ORDERED, that the Referee appointed herein is subject to the requirements of Rule 36.2(c) of the Chief Judge and if the Referee is disqualified from receiving an appointment pursuant to the provisions of that rule, the Referee shall notify the appointing judge forthwith.

Enter:

______J.S.C.

ForeclosureForm-Distribution_Surplus_Monies_Order.wpd SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ...... X

Index No.:

Plaintiff,

REPORT OF REFEREE IN SURPLUS -against- PROCEEDINGS

Defendants...... X

TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF KINGS

I, Esq., the Referee in the above-entitled action, appointed by virtue of an order made on the (annexed hereto as Exhibit ), whereby said action was referred to me to compute in this surplus money proceeding; and to notify, in writing, all claimants, all appearing parties, the Corporation Counsel of the City of

New York, the New York State Attorney General, and the United States Attorney for the Eastern

District of New York to appear on the distribution of said surplus money and to then ascertain and report the amount due to said petitioner or to any other person or entity who has a lien on the subject property and to ascertain the priorities of the liens, if any; respectfully reports as follows:

Before proceeding to take 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 according to

the best of my understanding.

All persons present orally waived any objections as to the validity of the Referee's oath.

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The certificates of the New York City Commissioner of Finance (annexed hereto as a part

of Exhibit ) show that there is in its hands to the credit of this action, the total sum of

($ DOLLARS), representing the amount of the surplus money on the sale aforesaid (Judgment of Foreclosure and Sale annexed hereto as Exhibit and Referee’s Report of Sale annexed hereto as Exhibit ), as paid by the Referee, copies of which certificates are hereto annexed as collective Exhibit and Exhibit .

I caused to be served on all the parties who had appeared in the action, who had filed notice of claim upon such surplus money, and who have a recorded lien against the property, the

New York City Department Of Finance, the City of New York Environmental Control Board,

Corporation Counsel of the City of New York, the New York State Office of the Attorney

General, and the United States Attorney for the Eastern District of New York a summons to appear at of , on the th day of at ten o'clock in the morning, to attend a hearing before me regarding the matters contained in this report. The summons with the requisite proof of service is annexed hereto and marked Exhibit ."

On January 24th I was attended by:

, Defendant , Esq, Brooklyn Legal Services, Attorney for Defendant

I took the evidence and proofs offered by and his attorney (annexed hereto as exhibits ), as claimant of the surplus money in this proceeding and I find the following facts proved herein:

The claimant (notice of claim annexed hereto as Exhibit ), , is the owner of the equity of redemption made by virtue of a deed from to

made the th day of conveying the premises affected by this action

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and known as , Brooklyn NY , which premises are more particularly

described in the complaint and judgment in the above-entitled action (annexed hereto as Exhibit

). Said deed was recorded in the Office of the City Register on , , CRFN

No other party makes a claim on the surplus monies at issue in this proceeding, and I have not been made aware by any other of the served parties that there may be any other valid claims on those surplus monies.

The claims of when added to the Referee's fees of the undersigned

Referee and the costs of Brooklyn Legal Services, the attorneys for said claimant in connection with the bringing of this surplus money proceeding, will exhaust the amount of the surplus monies herein.

From the facts above stated, I find as a conclusion of law that the amount of the surplus funds herein should be distributed in the following order of priority:

First, to Esq., as and for my fees as Referee; a sum to be fixed by the

Court;

Second, to Brooklyn Legal Services for its costs, if any, as such may be awarded by this

Court;

Third, the balance of the surplus funds after the payment of the costs and disbursements

of this proceeding and Referee's fees should be paid in the following order of priority:

(i) To , as the owner of the equity of redemption.

All of the parties present stipulated and agreed as to the accuracy of the computations of

interest reflected in the foregoing figures and all of the parties present stipulated and agreed to

the correctness of the above stated priorities.

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I respectfully submit that a fair and reasonable fee for my services rendered herein is

$______and I respectfully request that the Court fix said amount as my fee herein.

All of which is respectfully submitted.

______, Esq., Referee

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ...... X

Plaintiff, Index No.: ______

AFFIRMATION IN SUPPORT OF MOTION TO CONFIRM -against- REFEREE’S REPORT, DISPENSE WITH REFERENCE AND DIRECT DISTRIBUTION OF ______, SURPLUS MONIES ,

Defendants...... X

______, ESQ., an attorney duly licensed to practice in the

Courts of the State of New York, affirms the following to be true under penalties of perjury:

1. I am a staff attorney at______, and as such I am fully familiar

with the facts and circumstances of this matter.

2. I submit this affirmation in support of the application of defendant

______for an order (a) pursuant to RPAPL §1355, confirming the report

of sale of______, Esq. filed on ______(b) dispensing with a reference

to ascertain and report the amount due to ______on the ground that no

other notice of claim has been filed, and (c) pursuant to RPAPL §1361, directing the

Commissioner of the Department Finance of the City of New York to pay over to him, as defendant/fee owner and claimant, the surplus monies heretofore deposited with him arising after sale in foreclosure.

NATURE OF ACTION AND RELEVANT HISTORY

3. This action was initially brought to foreclose a mortgage lien upon certain premises situated at ______Street, Brooklyn, New York ______.

4. At all times from the commencement of this action until the foreclosure auction,

Defendant owed the property by Quitclaim deed dated______. A copy of the Quitclaim deed is attached hereto as Exhibit A.

5. On______, a Judgment of Foreclosure and Sale was entered appointing______, Esq., referee to sell the encumbered premises.

A true and correct copy of the Judgment of Foreclosure and Sale is attached hereto as Exhibit

6. Pursuant to that judgment, the property was subsequently sold by auction on

______.

7. Following the sale, in his capacity as court-appointed referee,

______, Esq. compiled a Referee’s Report of Sale, dated______, detailing the terms of the transaction. The report was duly filed in the office of the Clerk of the County of Kings on______. Attached as

Exhibit is a true and correct copy of the Referee’s Report of Sale. By the terms of the report, it appears that after paying the amounts directed in and by the judgment to be paid out the proceeds of the sale, there remains a surplus in the sum of $ .

8. On______, ______, Esq. deposited with the

Clerk, the sum of , representing the surplus monies from the proceeds of the foreclosure sale. Attached as Exhibit is a true and correct copy of the receipt of deposit.

9. The surplus funds of $ were then transferred from the Kings County

Clerk to the New York City Department of Finance, under receipt number

______on______. A Certificate of Deposit from the Department of Finance is attached hereto as Exhibit .

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CLAIM FOR DISTRIBUTION

10. By virtue of the Quitclaim deed, ______is the owner of the equity right of redemption. He now appears by his attorney seeking disbursement of the surplus funds to him.

11. As evidenced by the Certification of the Clerk of the County of Kings, attached hereto as Exhibit , no other persons have appeared in this action and no notices of claim, other than that of Claimant, have been filed as appears from the certificate the Clerk of the County of

Kings, dated______.

12. There were no exceptions to the Report of Sale filed as appears from the certificate of the Clerk of the County of Kings, dated ______, the original of which is attached hereto as Exhibit

13. Because Claimant is the owner of the equity right of redemption, all prior liens on this property have been paid, and there are no other valid claims to the surplus funds at issue in this case, it is unnecessary to refer to matter to a referee to calculate the surplus monies due to

Claimant. Claimant, therefore, requests that this Court issue an order dispensing with the appointment of a referee to adjudicate the surplus priorities, and instead direct the New York

City Department of Finance to pay Claimant all of the surplus money on deposit in this action.

14. No prior application has been made for the relief sought herein.

WHEREFORE, your affirmant respectfully requests that this Court grant Defendant’s motion in all respects and enter the attached order (a) confirming the referee’s report of sale, (b) dispensing with a reference to ascertain and report the amount due to claimant, (c) directing the

New York City Department of Finance to pay such surplus monies to ______, and

- 3 - (d) granting claimant such other and further relief as to this Court may seem just and proper.

DATED: Brooklyn, New York , 201

______

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