Hon. Aletha V. Fields — Part 81 Rules

Hon. Aletha V. Fields

COURT OF CLAIMS JUDGE

ACTING SUPREME COURT JUSTICE

Arthur M. Cromarty Court Complex

210 Center Drive

Riverhead, New York 11901

HON. ANDREW A. CRECCA HARRY TILIS, ESQ.

DISTRICT ADMINISTRATIVE JUDGE PRINCIPAL LAW CLERK

HON. RICHARD SISE JESSICA WASHINGTON

SUPERVISING JUDGE – COURT OF CLAIMS SECRETARY

LEON ADLER MICROSOFT TEAMS VIRTUAL

CHIEF CLERK – SUPREME COURT COURTROOM LINK:

HTTPS://NOTIFY.NYCOURTS.GOV/MEET/00AWRV

KRISTEN CONKLIN

CHIEF CLERK – COURT OF CLAIMS

Effective: August 1, 2023; Revised: February 1, 2024; Revised: February 3, 2025

PART 81 RULES

Welcome to part 81, Supreme Court, State of New York, Suffolk County.

The purpose of these rules is to provide the framework for the effective, efficient, and

inexpensive management of every case and to create a shared understanding of how to reach that

goal.

All attorneys and all self-represented litigants must comply with the Rules of Professional

Conduct (22 NYCRR Part 1200.1 et seq.).

The Court is housed in Courtroom 5 on the fourth floor of the Arthur M. Cromarty Court

Complex, 210 Center Drive, Riverhead, New York 11901. Upon exiting the elevators, turn right

and go through the doorway between the newer and older portions of the complex to arrive at the

courtroom.

When used in these rules, the term “counsel” means any attorney and any self-represented

litigant.

I. APPEARANCES

A. General Rules

1. Unless otherwise ordered, all appearances before this Court are virtual by

Microsoft Teams.

2. The Microsoft Teams link is https://notify.nycourts.gov/meet/00awrv (Those are

zeroes in the last 6 characters).

Hon. Aletha V. Fields

Part 81 Rules

Effective as of: August 1, 2023

Revised: February 1, 2024

Revised: February 3, 2025

Page 2

3. Non-appearances are defaults permitting the Court to issue an order consistent

with Uniform Rules for the Trial Courts (22 NYCRR) § § 202.27, 130-1.1, 130-

2.1, and other authorities.

4. All appearances are set for a time certain basis.

5. Counsel who appears must have (A) full settlement authority (B) the ability to

reach immediately by telephone or other method a client representative who is

able to approve a settlement and/or make counteroffers and/or respond to issues

(i.e., full settlement authority, which, in a foreclosure case, means the person with

the authority to, for mortgagees/assignees, forgive, or to, for

mortgagors/successors, consent to the entire debt, noting that having authority

does not require using it) and (C) a full working knowledge of the case.

6. When appearing virtually, counsel must adhere to the same rules of conduct that

pertain to in person appearance, including attire, not eating, not taking telephone

calls, and using professional language and forms of address. No one may appear

from a moving vehicle or anywhere if unreasonable background noise or visual

stimuli materially impair conducting the Court’s business. All counsel must

appear by video, except on consent of all parties and the Court. The technology

available to the Court for conferences does not always include a camera for the

Court.

B. Hearings and Trials

Notwithstanding the general rule of virtual appearances, unless the Court orders otherwise, all

hearings and all trials are in person.

C. Attorneys of Record

1. Counsel must abide by the rules in Bank of Am., N.A. v Glenn, 81 Misc 3d 422

(Suffolk County Supreme Ct 2023) and CPLR 321.

2. Orders to Show Cause to be relieved as counsel of record will require an in person

appearance on the return date for a hearing, if necessary.

3. Counsel must file a notice of appearance within two business days of being

retained unless doing so would waive a material right of the client.

II. CONFERENCES

Almost all conferences will result in an order of the Court. If any counsel believes that the

order does not accurately reflect the substance of the conference, then all counsel must file

a letter with the Court within three business days of the order being posted to NYSCEF.

Hon. Aletha V. Fields

Part 81 Rules

Effective as of: August 1, 2023

Revised: February 1, 2024

Revised: February 3, 2025

Page 3

Conferences set for any time at or before 9:14 a.m. are control dates and require NO

APPEARANCE by any party or counsel.

Conferences are virtual unless otherwise ordered. The Microsoft Teams link is

https://notify.nycourts.gov/meet/00awrv (Those are zeroes in the last 6 characters).

A. Motion Conferences

In rare instances, the Court may (A) adjourn a return date of a motion to enable

the Court to hold a conference or (B) set a post-submission conference, and in

either such case an order or court notice will set the date, time, and place of the

conference.

B. Post-Note of Issue Pre-Trial Conference

1. 10 business days before the pre-trial conference (or, if none be scheduled, then 10

business days before the trial or hearing), counsel must file with the Court with

(A) one set of jointly marked pleadings and all amendments to them (subject to

the rules about joint letters); (B) each demand for and response to a bill of

particulars; (C) a list of all documentary exhibits which a party intends to

introduce at trial, pre-marked, beginning with 1 for Plaintiff and continuing with

consecutive integers thereafter and with A and continuing with letters thereafter

(with the twenty-seventh exhibit to be AA, the twenty-eight to be AB, and so on

until the fifty-third exhibit which will be BA, the fifty-fourth exhibit which will

be BB, and so on), with such list to indicate all agreements regarding the

admissibility of each documentary exhibit; (D) the party’s objection (other than

foundation that the documentary exhibit is what it purports to be and is a true and

accurate copy of the original, if applicable) to the admissibility of any exhibit of

an adverse party that the party has to admissibility; (E) a witness list of each

witness that the party intends to call at trial, reasonably identifying the witness by

name and relationship to the case, including expert witnesses with a designation

of the party’s proposal for the field of expertise that the expert witness has; (F) a

proposed jury charge with specific citations to the most recent edition of the

Pattern Jury Instructions or other authority supporting the proposed jury charge;

and (G) a proposed jury verdict sheet.

2. In respect of limited issue hearings, the rules set forth in paragraph 1 immediately

above apply, but the deadline is noon 3 business days before the hearing.

C. All Other Conferences

Fully prepared counsel that complies with all other portions of these rules must timely appear.

Hon. Aletha V. Fields

Part 81 Rules

Effective as of: August 1, 2023

Revised: February 1, 2024

Revised: February 3, 2025

Page 4

III. MOTIONS

UNLESS OTHERWISE ORDERED BY THE COURT, ALL MOTIONS ARE ON

SUBMISSION ONLY, AND NO APPEARANCE IS REQUIRED.

RETURN DATES OF ORDERS TO SHOW CAUSE ARE ON SUBMISSION ONLY

UNLESS OTHERWISE ORDERED BY THE COURT.

ALL APPLICATIONS FOR COUNSEL TO BE RELIEVED WILL REQUIRE AN IN

PERSON APPEARANCE OF WITHDRAWING COUNSEL AND THE CLIENT ON

THE RETURN DATE OF AN ORDER TO SHOW CAUSE SEEKING SUCH RELIEF,

notwithstanding the general rules set forth in the two immediately preceding paragraphs.

A. Return Dates/Adjournments

MOTIONS MUST BE MADE RETURNABLE ON ANY DAY AT 9:30 A.M. ON

SUBMISSION ONLY.

1. By stipulation and in strict compliance with 22 NYCRR 202.8 (e) (1), the return

date of a motion may be adjourned provided that the action has an index number

within 2 years of the current year (e.g., 2023, 2024, and 2025 for calendar

2025).

2. Any other adjournment requests must be made by joint letter, and counsel should

NOT rely on the submission of the request as an adjournment unless and if the

Court grants the adjournment.

B. Motion Papers

1. Motion papers must comply with 22 NYCRR § 202.8 (c).

2. Counsel is urged in the strongest possible terms to caption all documents except

summons, complaints, notices of petition, petitions, and judgments with the—and

only with—the first party name for each side followed by “et al.’ where

applicable.

3. Notices of Motion and prayers for relief must request relief with reasonable

specificity. For example, “seeking a default judgment against all non-appearing

defendants” is inadequately specific because that noticed relief requires the Court

to search the record and act as an advocate, but “seeking a default judgment

against the following non-appearing defendants . . . “ with a list of them is

reasonably specific.

Hon. Aletha V. Fields

Part 81 Rules

Effective as of: August 1, 2023

Revised: February 1, 2024

Revised: February 3, 2025

Page 5

4. Counsel must organize and present the facts in any affidavits and/or affirmation

and the arguments in any briefs and/or memoranda of law using some form of

outlined format that corresponds to the sequence of the prayers for relief in the

notice of motion.

5. Counsel is encouraged to cite New York cases ONLY to the official reports, and

to cite all other cases to the official reporter for that jurisdiction.

6. All exhibits must be filed as separate documents, (e.g., Exhibit 1-note; Exhibit 2-

mortgage, etc.). Each document, whether an exhibit or otherwise, must be filed

with added details describing the document (e.g., Affidavit – VP of

Documentation; Affirmation – Plaintiff’s Counsel).

7. The return date of all motions shall be NO GREATER THAN 21 days from the

date of filing, except for motions to discontinue for which the return date shall be

NO GREATER THAN 10 days from the date of filing.

C. Oral Argument

Unless the Court orders oral argument in the Court’s discretion, all motions are submitted on the

return date.

IV. TRIALS/HEARINGS

A. All trials will begin promptly at the date and time the Court orders and will continue

day-to-day. 22 NYCRR 125.1 (g) applies to trials scheduled more than 2 months in

advance--adjournments will not occur based on engagement of counsel.

B. The Court may require counsel to submit a settled transcript of a non-jury trial.

V. SPECIAL RULES FOR FORECLOSURE MATTERS

A. Referees

1. Each of the parties must serve all papers upon the referee.

2. Referees are an arm of the Court and may communicate directly with the Court if

necessary.

B. Judgments of Foreclosure and Sale

1. In the portion of the judgment of foreclosure and sale relating to costs and

disbursements, counsel must leave a blank for such amount and include in the

Hon. Aletha V. Fields

Part 81 Rules

Effective as of: August 1, 2023

Revised: February 1, 2024

Revised: February 3, 2025

Page 6

judgment of foreclosure and sale the following language as to each of costs and

disbursements “as taxed by the clerk and inserted herein”

2. To be awarded attorney fees in an amount of $3,000 or more, the motion papers

must, among all other requirements, demonstrate compliance with or an exception

from the rules set forth at 22 NYCRR 1215.1 et seq.

3. Terms of Sale

a. Proposed judgments of foreclosure and sale must include a decretal paragraph

setting forth:

ORDERED that plaintiff be, and hereby is, directed

to cause the referee to use the form of the terms of

sale set forth at NYSCEF document ____ at any

auction; and it is further

b. Plaintiff’s counsel must upload without alteration a

copy of this Court’s standard terms of sale (found at the

end of these rules) to NYSCEF and complete the blank

in the decretal paragraph with the correct document

number.

4. No judgment of foreclosure and sale shall contain an automatic extension of the

time to sell if the sale does not occur within 90 days of the entry of judgment.

Thus, no references to CPLR 2004 should appear in the proposed judgment of

foreclosure and sale.

C. Property Condition

All counsel must notify this Court by joint letter immediately upon having cause to know

that the realty subject to foreclosure is (a) condemned; (b) the subject of condemnation

proceedings; and/or (c) the subject of any allegations of being non-code compliant.

D. Government Entities/Judgment Creditors

Defendants who are judgment creditors and/or governmental entities that do not want to

participate in a conference are excused without risk of sanction or penalty from appearing for

such conferences, and may, at their option, appear at later conferences (or not). However,

whatever occurs at a conference that is missed controls in the action. The purpose of this rule is

to enable those whose interest in the realty in exclusively or principally related to surplus funds

to avoid wasting resources.

Hon. Aletha V. Fields

Part 81 Rules

Effective as of: August 1, 2023

Revised: February 1, 2024

Revised: February 3, 2025

Page 7

VI. GENERAL

A. Joint Letters or Other Joint Item

1. When the Court requires a joint letter or any other joint item, all counsel must be

available reasonably in advance of the Court’s or the circumstances’ deadline for

filing such letter or item and must meaningfully participate in the preparation of

the joint letter or item. If counsel violates this rule, then the author of the joint

letter or item should set forth the circumstances of the claimed violation in the

joint letter or item, and the Court will determine how to proceed upon the report

in the joint letter and may set a hearing date to determine (i) whether a violation

occurred and (ii) which party(ies) or counsel(s) against whom to impose remedies.

2. All joint letters and items must include all counsel’s input and must have all

counsel’s approval. Approving an accurate statement of an adverse party’s

position is not a concession of that position’s merit. If impossibility arises because

of counsel’s unavailability, then any single party or group of parties may file the

letter with an explanation of the efforts to engage the absent party.

3. All joint letters or items must be no longer than three pages, including signature

blocks, addresses, and any footnotes. All type must be twelve-point or larger,

proportionately-spaced, serifed font (such as Times New Roman), and side and

bottom margins must be one inch.

4. A deadline for a joint status letter is the equivalent of a court conference. Failure

to provide the joint status letter is a default, so the Court may impose remedies

and/or sanctions under Uniform Rules for the Trial Courts (22 NYCRR) § §

202.27, 130-1.1, 130-2.1, and other authorities.

B. Other

1. The Court may, in a specific case, order or excuse a variance from these rules,

either at counsel’s request or on the Court’s own discretionary determination.

2. Counsel may not fax or email chambers, except if the Court specifically

authorizes communication in that form. All correspondence and communication

should be via letter filed via NYSCEF. The only telephone calls that are permitted

relate to how to proceed in light of a time-sensitive, true urgency or to alert the

Court to a time sensitive matter. Counsel must be thoroughly familiar with 22

NYCRR 100.3 regarding ex parte communication with the Court, which includes

the Court’s chambers and other staff.

Hon. Aletha V. Fields

Part 81 Rules

Effective as of: August 1, 2023

Revised: February 1, 2024

Revised: February 3, 2025

Page 8

3. Counsel must immediately make a proper filing if counsel settles or seeks to

withdraw any motion, action, special proceeding, or other matter pending before

the Court.

4. The Court will strictly enforce all deadlines, especially those set forth in court

orders that arise from conferences. Except in extraordinary circumstances where a

later application to extend a deadline is made, counsel must make any application

to extend a court-ordered deadline at least 15 business days before the deadline.

Counsel must set forth in the application good cause for the extension and

whether other parties consent. Consent of all counsel is relevant but not

dispositive of good cause. Consent of all counsel alone is not good cause to

extend a deadline.

5. The Court will conduct hearings and/or make any appropriate remedial orders for

violations of these Part 81 Rules, including the failure to adhere to any deadlines.

The result of non-compliance may be the striking of pleadings and/or preclusion

of evidence.

6. Counsel must immediately notify the Court: (A) if a party to an action has died; or

(B) the premises that is the subject of an action, including a foreclosure action, is

(i) the subject of any sort of open building code or other code violations and/or

adverse action from the authority having jurisdiction, such as a condemnation

order or finding, or (ii) abandoned.

# # # # # # # # # #

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK

_________________________________________________

X

Index No.

(PLAINTIFF)

Plaintiff,

-against- TERMS OF SALE

(DEFENDANT)

Defendants.

The real property located at (“premises”)

will be sold under the direction of (“the Referee”)

pursuant to the Judgment of Foreclosure and Sale and the following terms:

FIRST: The highest bidder (“Purchaser”) acknowledges that these Terms of Sale are a binding contract and

that Purchaser has read these terms and consents to each and every one, as indicated by Purchaser’s

signature on the Memorandum of Sale. Purchaser will, at the time and place of sale, sign the memorandum of

sale annexed to the end of these Terms of Sale, unless Plaintiff is the Purchaser in which case a signature is

not required.

SECOND: Purchaser shall pay a ten percent (10%) deposit of the amount of the highest bid (“purchase

price”)incashorcertiedorbankchecktotheRefereeatthetimeandplaceofsale,forwhichareceiptwill

be given. Full credit will be given for any amount in excess of ten percent (10%). If Plaintiff is the Purchaser,

the Referee shall not collect the ten percent (10%) deposit.

THIRD: The Referee shall accept a written bid from Plaintiff or Plaintiff’s attorney or agent as if Plaintiff

appeared in person.

FOURTH: The balance of the purchase price must be paid to the Referee at

THE REFEREE'S REGULAR BUSINESS OFFICE , or other location of the Referee’s choosing,

on or before 30 DAYS AFTER THE AUCTION , when the Referee’s Deed will be ready. If Plaintiff is the

Purchaser the Referee shall not collect the purchase price.

TIME IS OF THE ESSENCE with respect to the closing date. The failure of Purchaser to pay the balance

of the purchase price will be a material default of these Terms of Sale, with no further notice being required

from the Referee or Plaintiff’s counsel, subjecting Purchaser to forfeiture of the deposit as liquidated

damagesandresaleofthepremisesasspeciedinparagraphELEVENTH.

The failure of Purchaser’s title insurance vendor or lender to be ready to close in accordance with these

Terms of Sale is not a valid reason to adjourn the closing date and constitutes a default. Purchaser agrees

to provide Plaintiff with a title examination not more than 14 days after sale and if not provided Purchaser

waives any objections to title.

FIFTH:AnadjournmentoftheclosingdatestatedinparagraphFOURTH,foranyreasonincludingbut

notlimitedtotitleclearance,litigationoranyoftheitemslistedinParagraphEIGHTH,shallbeatthesole

discretion of Plaintiff, must be in writing, and must be requested within two (2) business days before the date

inParagraphFOURTH.Intheeventanadjournmentisgranted,itwillbefornomorethanthirty(30)days.It

is the sole responsibility of the Purchaser to request an adjournment from Plaintiff. Time is of the essence with

respect to any adjourned date.

Any adjournment shall be subject to interest at the rate of nine percent (9%) per annum on the entire

purchasepricefromthedatesetforthinparagraphFOURTHuntilthetransferoftheReferee’sdeed,unless

the delay is solely the fault of the Referee. Purchaser shall pay all costs, fees, taxes, assessments, water

rates, charges of any kind by a homeowners or condominium association, and expenses incurred by any

party in connection with, or as a result of, the adjournment.

SIXTH:Neither the Referee nor the Plaintiff is required to send any further notice to the Purchaser of the

closingdate;andifthePurchaserneglectstoappearatthedateandplacespeciedinparagraphsFOURTH

orFIFTHtopaythebalanceofthepurchasepriceandreceivethedeed,thePurchaserwillbeinmaterial

default of these terms.

SEVENTH:The Referee shall pay out of the sale proceeds only those items required by the Judgment of

ForeclosureandSaleandRealPropertyActionsandProceedingsLaw§1354,includingtaxes,assessments

and water rates that are liens upon the premises at the time of sale. All taxes, assessments, water rates,

charges of any kind by a homeowners or condominium association, and other municipal liens which become

liens after the sale, including transfer tax, which is not a lien as of the time of sale, are the sole responsibility

of the Purchaser. The Purchaser shall be liable for any interest or penalty due on any taxes, assessments,

water rates, and other municipal liens accruing after the sale. The Purchaser shall also be liable for charges

of any kind by a homeowners or condominium association that accrue after the sale.

In the event that the Plaintiff advanced monies for any taxes, assessments, water charges, municipal liens,

sewer rents, insurance or charges by a homeowners or condominium association covering a period which is

after the sale date, Purchaser agrees to adjust and reimburse Plaintiff for such advances.

All expenses of closing and recording the Referee’s deed, including, but not limited to, title insurance, transfer

taxes, deed recordation costs, ACRIS or similar fees, and preparation fees for transfer documents and

closing fees demanded by the Referee shall be paid by the Purchaser, not by the Plaintiff or the Referee from

sale proceeds. The obligation to pay transfer tax is hereby shifted to and shall be paid by the Purchaser in

accordancewithTaxLaw§1404(b)(1).

Any errors or omissions in computing the amount due Plaintiff pursuant to the Judgment of Foreclosure and

Sale and these Terms of Sale shall be corrected and reimbursed by the Purchaser and shall be issued as

necessary. This provision shall survive the closing and delivery of the Referee’s Deed.

EIGHTH:The Purchaser agrees that this sale is subject to the following, which are neither valid exceptions to

clear or insurable title nor valid reasons to adjourn the closing:

(a). Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds

of any street, alley, or highway; restrictions and easements of record;

(b). Any state of facts that an accurate survey might disclose, including reapportionment of tax lots or

changestothesection,blockandlotsubsequenttothelingoftheNoticeofPendency.Plaintiffisnot

required to provide a survey;

(c). Rights of Tenants, occupants or squatters, if any, whether or not said parties are named in the

foreclosure. Plaintiff makes no representations as to the occupancy status of the premises. It shall be

the responsibility of the Purchaser to evict or remove any parties in possession of the premises. There

shall be no adjustment for rents after the date of sale;

(d). Prior mortgages, liens or encumbrances not provided for in the judgment or any transfer of title,

mortgage lien or encumbrance that is recorded after the Notice of Pendency;

(e). The right of redemption of the United States of America;

(f). AnyrightspursuanttoCPLR§§317,2003,and5015,anyappealoftheforeclosure,oradditional

litigation brought to contest the validity of the foreclosure or this sale including any notice of pendency,

whetherledbeforeorafterthesale;

(g). AnyrightsordefensesraisedpursuanttoRPAPL§1302-a;

(h). Any building and zoning regulations, restrictions, ordinances, orders, requirements and amendments

thereto of the municipality, state, or federal government, or any agency, bureau, commission or

department with jurisdiction over the premises, and any violations or notices of violations issued

bysame,including,butnotlimitedtocodeviolations,emergencyrepairliens,RPAPLArt.7A

Administrators, relocation liens, reapportionment of lot lines, or vault charges and any associated notice

of pendency;

(i). Anybankruptcyinwhichthereisnoautomaticstay,pursuantto11USC§362(c)(4)(A)Plaintiffhas

nodutyorobligationtoobtainacomfortorderpursuantto11USC§362(c)(4)(A)(ii);

(j). AnyHazardousMaterialsinthepremisesincluding,butnotlimitedto,ammableexplosives,radioactive

materials, hazardous wastes, asbestos or any material containing asbestos and toxic substances;

(k). Title exception(s) raised by a title insurance company for underwriting reasons that are not valid liens or

encumbrances pursuant to law.

(l). Any covenants, easements, rights of way, declarations, reservations, and restrictions of record;

(m). If the premises are part of a condominium or Planned Urban Development (“PUD”), the declaration and

the by-laws of the condominium pertaining to the premises;

(n). Outstanding condominium charges, if any, that have not been extinguished by the foreclosure sale; or

(o). Any work that may have been performed on the premises by the City of New York or any demand

made by the City for any work that may result in charges by the New York City Department of Rent

andHousingMaintenance,EmergencyServices,TheNewYorkCityDepartmentofEnvironmental

ProtectionforWaterTapClosingoranyrelatedwork;andtheNewYorkCityDepartmentofHealth,

which liens are not of record at the time of sale.

NINTH:Thepremisesarebeingsoldin“asis”condition,denedasthephysicalconditionandstateoftitle

of the premises on the day of sale, notwithstanding the condition of the premises on the day of closing.

Purchaser assumes all risk of loss or damage to the premises from the date of sale until the date of closing

and thereafter. Neither the Referee nor the Plaintiff have made any representations regarding the physical

condition, state of title, rents, leases, expenses, operation or any other matter affecting or relating to the

premises, and the Purchaser hereby expressly acknowledges that no representations have been made.

There is no obligation or legal right to provide the Purchaser access to the premises.

TENTH:If Purchaser is unable to obtain title insurance or a clear abstract of title, excluding the matters

containedinParagraphEIGHTHwhichthePurchaseragreesarenotvalidexceptionstoclearormarketable

title, then Purchaser agrees to allow Plaintiff or its counsel, at their sole discretion, to arrange for a title

insurancepolicy,ifpossible,whichwillbeanAmericanLandTitleAssociation(ALTA)policyissuedat

standard premiums, subject to customary exceptions. Purchaser agrees to pay for the cost of a title insurance

policy under this Paragraph. Purchaser waives the right to collect from Plaintiff any costs, fees, and/or

premiums previously incurred by Purchaser for any abstract or title policy ordered with respect to the subject

premises.

Intheeventthatatitledefectisidentiedwhichrenderstitleuninsurable,Purchaserherebyagreestoallow

Plaintiff, at its sole discretion, the opportunity to cure said defect regardless of whether or not the time to

curethedefectexceedstheTimeoftheEssenceclosingdate.IfPlaintiffchoosestocurethetitledefect,

the Purchaser’s rights and obligations under these Terms of Sale shall not change and the Purchaser is

responsible for all additional taxes, assessments, and water rates that accrue between the sale and closing. If

Plaintiff chooses to cure the title defect, Purchaser hereby agrees to close upon resolution.

ELEVENTH:If the Purchaser fails to comply with any of the above terms then the Purchaser is in default and

the premises shall be resold by the referee. In the event of Purchaser’s default and a resale, Purchaser’s

deposit shall be forfeit to Plaintiff as liquidated damages because it is impossible to accurately determine the

damages incurred by Plaintiff. Upon default, Purchaser expressly authorizes the Referee to deliver the forfeit

deposit to Plaintiff. Plaintiff is not required to obtain a court order for the Referee to resell the premises or to

forfeit Purchaser’s deposit to the Plaintiff. Such forfeiture shall not be a waiver of any rights Plaintiff has to

seek and obtain additional damages.

TWELFTH: The Purchaser hereby agrees that the successful bid is subject to any arrangement made prior to

thesalebetweenPlaintiffandDefendantborrower(s)forthereinstatement,payoff,modication,homeretention

option or workout of the delinquent note and mortgage which are at this time unknown to the Referee. If any

such arrangement was made, the sale and these Terms of Sale shall be deemed rescinded, null and void as if

they never occurred, and the Referee shall promptly refund the deposit to Purchaser, without recourse against

Referee, Plaintiff its successors and assigns, or ,

its attorneys and employees, Defendant, or further order of court.

THIRTEENTH: In the event the closing is stayed by court order the sale and these Terms of Sale may be

rescinded by Plaintiff at its sole discretion without further order of court. If the sale is not rescinded, then

the Purchaser’s rights and obligations under these Terms of Sale shall not change and the Purchaser is

responsible for all additional taxes, assessments, and water rates that accrue between the sale and closing.

Intheeventabankruptcypetitionisled,priortothescheduledforeclosuresale,byanypartywithaninterest

inthesubjectpremises,whichbankruptcylingstaystheforeclosuresaleofthesubjectpremises,thedown

payment tendered by the Purchaser at the sale, shall be refunded by the Referee and the sale deemed null

and void. The Purchaser shall have no further rights or recourse, against Plaintiff or the Referee, other than

the return of the down payment.

Intheeventabankruptcypetitionisledbyanypartywithaninterestinthesubjectpremisessubsequentto

the scheduled foreclosure sale but prior to closing, Plaintiff may, at Plaintiff’s option, make an application to

thebankruptcycourtwithinareasonabletimetoconrmthesale.Intheeventthebankruptcycourtconrms

thesale,aclosingshalltakeplacewithin30daysoftheconrmation.Intheeventthebankruptcycourt

doesnotconrmthesale,thedownpaymenttenderedbythePurchaseratthesaleshallberefundedbythe

referee and the sale deemed null and void. The Purchaser shall have no further rights or recourse, against

Purchaser or the Referee, other than the return of the down payment.

In the event of a mistake, defect or irregularity in the foreclosure proceedings or sale, or failure to comply with

therequirementsoftheCPLR,RPAPLorRPL,PurchaserherebyagreesthatPlaintiff,atitssolediscretion,

shall rescind the sale and these Terms of Sale shall be deemed null and void as if they never occurred, and

the Referee shall promptly refund the deposit to Purchaser, without recourse against Referee, Plaintiff its

successors and assigns, or , its attorneys and

employees, Defendant, or further order of court.

In the event the sale is set aside for any reason, Purchaser shall be entitled only to a return of the deposit

paid. Purchaser shall have no further recourse against the Referee, Plaintiff its successors and assigns, or

, its attorneys and employees.

FOURTEENTH: Neither the Referee nor Plaintiff shall be liable for or bound by any verbal or written

statements, representations, promises, or guaranty, real estate broker’s commissions or information

pertaining to the premises furnished by any third party, real estate broker, agent or their employee. Neither the

Referee nor the Plaintiff is liable for any express or implied warranties, guaranties, promises or statements of

any kind relating in any manner to the premises. All understandings and agreements heretofore had between

the parties are merged in these Terms of Sale, which fully and completely express their agreement. These

Terms of Sale cannot be changed, terminated, or waived orally. These Terms of Sale shall be binding on the

Purchaser(s) and any heirs, successors and assigns thereof.

FIFTEENTH: The provisions of this Agreement are severable. If any portion, provision, or part of this

Agreement is held, determined, or adjudicated to be invalid, unenforceable or void for any reason whatsoever,

each such portion, provision or part shall be severed from the remaining portions, provisions or parts of this

Agreement and shall not affect the validity or enforceability of any remaining portions, provisions or parts.

Referee

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK

________________________________________________

X

(PLAINTIFF) Index No.

Plaintiff,

-against- TERMS OF SALE

(DEFENDANT)

Defendants.

has this the day of , 20 ,

purchased the real property described in the accompanying Terms of Sale for the sum of

Dollars ($ ).

I hereby acknowledge reading the preceding Terms of Sale, agree they are a binding contract and consent to

each and every provision, and promise and agree to comply with same.

Dated: , 20

Purchaser

Received from the said Purchaser the sum of

Dollars ($ ), being ten percent (10%) of the amount bid by the said

Purchaser(s) for property sold by me, under the Judgment in the above captioned action.

Referee

Purchaser’s Contact Information: Plaintiff’s Contact Information:

Name Name

Phone No. Phone No.

Purchaser’s Attorney’s Name Email

Attorney’s Phone No.

Attorney’sEmail