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HomeMy WebLinkAboutL 13279 P 939 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 1/14/2025 Number of Pages: 9 At: 9:11 :24 PM Receipt Number: 25-0006077 *ELECTRONICALLY RECORDED* Transfer Tax Number: 24-18543 LIBER: D00013279 PAGE: 939 District: Section: Block: Lot: 1000 074 .00 01 .00 019.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount $65,576. 82 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45. 00 NO Handling $20 . 00 NO COE $5. 00 NO NYS SRCHG $15. 00 NO Notation $0 . 00 NO Cert.Copies $0 . 00 NO RPT $200 . 00 NO Mansion Tax $0 . 00 NO EA-CTY $5. 00 NO EA-STATE $125. 00 NO TP-584 $5. 00 NO Comm.Pres $0 . 00 NO Comm.Pres Fund $0 . 00 NO Comm.Housing Fund $0 . 00 NO Transfer Tax $264 . 00 NO Transfer Tax Number: 24-18543 Fees Paid $684 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Vincent Puleo County Clerk, Suffolk County RECORDED Numberof pages 9 1/14/2025 9:11:24 PM VINCENT PULED CLERK OF This, o(,,.ament wilt be rublic SUFFOLK COUNTY L D00013279 prior to recordhq, 24-18543 Deod f Mortgage Instrument Deed 1 Mortgage Tax Stamp Recordinrq t Filing Stamps FEES Raga)Filing Fee 4!3.00 Mort0age Arnt. 1.Basic Tax --- Handling 20. 00 2. Additional Tax TP-584 5.00 SuhTota1 Notation 0.00 apecJAW, or EA-5217(County) 5.00 Sub Total 75.00 Spec,Add. - EA-5217(State) 125.00 TCT.MTG.TAX R.P.T.&A. 200.00 Dual Town Dual County I-tetd for Appointment Comm.of lWd. S- T tansfer Tax 264.00 Affidavit * �* Mansion Tax 0.00 Certified Copy 0.00 The property covered by this mortgage is or WH be improved by a one or two NYS Surcharge 15, 00 345.00 family dwelling only. Stab Total. _ YES or NO Other 420.00 � .�. Grand Total If NO,see appropriate tax cruse on page# of this tnstrumant. 4 1 Dist. Section Block Lot 5 Commun y Preservation Fund 25001083 Real Noperty T Cots i.ci�ratiQz r�.moutit$65,576.82 Tax Service P s R Ty A 0.0 0 Agency7/8/2025 �•[�}��I'E�Due Verification Improved X � a rs actrons� a�es a eases €s rope Hers a�ts�g Tess RECORD&RE!URN TO-, vacantl.and Stewart Title Insurance Company — NY trn TD 10 711 Westchester Avenue, Suite 302 White Plains NY 10604 TD� TD Mail to: Vincent Puled.St9folk County Clerk Title Company 1nformabon 310 Center D ve, Riverhead, NY 1190-1 Co-Name www.au'ftcalkcountyny.govlclerk Title Suffriolk County cccr ink & Endorsement Page This page forms part of the attached DEM -made 4y, (SP CIFYTYP OF INSTRUMENT) The prernise5 herein issituated in SUFFOLK COUNTY, NEW YORK TO In tt*TOWN of SOUTHOLD 1 n the\ALLAGE or HAMLET of soxEs6 THRU 8 MU7 IE;PEP OF,PRINTED I BLACK INK ONLY PNOR To RBCQR0ING OR FILING, av itzI6AIr RECEIVER'S DEED THIS DEED,made the 12th day of November,2024,between Michael Harvey a/k/a Michael R.Harvey,as Receiver for the interests of Renee Harvey having an address of 395 Henry's Lane,Peconic,NY 11958,("Grantor"), and Michael Harvey a/k/a Michael R.Harvey("Grantee"),having an address of 395 Henry's Lane,Peconic,NY 11958, ("Grantee") WITNESSETH,that Grantor Michael Harvey a/k/a Michael R.Harvey was appointed Receiver in an action for Divorce by and between Michael Harvey, Plaintiff,v Renee Harvey,Defendant,filed in the Supreme Court of the State of New York, County of Suffolk,Index No. 000 1 1 8/20 1 7. Pursuant to Decision and Order dated October 25,2024, a certified copy of which is annexed hereto as Exhibit 1,the Court appointed Michael Harvey as Receiver in order to transfer/convey Renee Harvey's interest in the premises herein to Michael Harvey a/k/a Michael R.Havey in return for consideration of Sixty-five thousand five hundred seventy-six Dollars and eighty-two hundredths($65,576.82) Dollars paid by Michael Harvey to Renee Harvey. Michael Harvey, as Receiver for the interest of Renee Harvey does hereby grant and convey unto Michael Harvey a/k/a Michael R.Harvey, individually,his heirs, successors and assigns all of the right title and interest held by Renee Harvey in and to said premises herein resulting in Michael Harvey a/k/a Michael R. Harvey owning 100%of the fee title interest in and to the premises described herein at Schedule A; ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the Town of Southold, County of Suffolk, State of New York,being more particularly described in Schedule A attached hereto and made a part hereof; TOGETHER with the appurtenances and all the estate and rights of grantor in and to said premises,TO HAVE AND TO HOLD the premises herein granted unto Grantee and the heirs, executors,administrators, successors and assigns of Grantee forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenant that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose IN WITNESS WHEREOF Grantor has duly executed this deed on the date first above written. Michael Harvey a/k/kMlichael R.Harvey, as Receiver for the interests of Renee Harvey SCHEDULE A ALL that certain plot,piece or parcel of land,situate,lying and being at Peconic,Town of Southold,County of Suffolk,and State of New York,known and designated as Lot No.4 as shown on a certain map entitled"Map of Peconic Homes"and filed in the Office of the Clerk of the County of Suffolk on October 14, 1964 as map number 4181 being more particularly bounded and described as follows: BEGINNING at a point on the southwesterly side of Henrys Lane;said point being distant 401.96 feet northwesterly from the corner formed by the intersection of the westerly side of the former road line of Middle Road(CR48)and the southwesterly side of Henrys Lane; THENCE from said point of beginning,South 47 degrees 50 minutes 30 seconds West 174.40 feet to the Blue Horizons Subdivision; THENCE along said land North 44 degrees 26 minutes 50 seconds West 120.10 feet to a point; THENCE North 47 degrees 50 minutes 30 seconds East 179.20 feet to the southwesterly side of Henrys Lane; THENCE along the Southwesterly side of Henrys Lane South 42 degrees 09 minutes 30 seconds East 120.00 feet to the point or place of BEGINNING. .............................................._...._... ---........................................................................................--..................................................................................................................................................................................................... EXHIBIT 1 CC#: C24-53474 COUNTY CLERK'S OFFICE STATE OF NE W YORK COUNTY OF SUFFOLK The Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original ORDER filed in my office on 10/25/2024 and,that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 11113/2024 S/UFF�OLK COUNTY CLERK �.../ VINCENT QULEO SEAL FILED: SUFFOLK COUNTY CLERK 10 25 2024 05:47 P INDEX NO. 000118/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 10/25/2024 SUPREME COURT OF THE STATE OF NEW YORK TRIAL TERM I.A.S. PART 19 SUFFOLK COUNTY HON.CHERYL A.JOSEPH,A.J.S.C. x INDEX NO.:000118/2017 Michael Harvey, ORDER TO SHOW CAUSE Submission Date: October 8,2024 Plaintiff, Motion Seq 4:Mot D -against- Attornev for Plaintiff Twomey,Latham,Shea Kelley,Dubin, Quartararo LLP Renee Harvey, Defendant-Self-ReQesenting Renee Harvey Defendant. x Upon the following papers read on Motion Sequence 4,to wit: 1. Plaintiffs Order to Show Cause with supporting papers (e-file dots.49-57 and 59-68) The parties in the above referenced matter are divorced by judgment dated March 4, 2022(hereinafter, "Judgment").(See,e-file dot_51). The parties entered into a Stipulation on the record on October 5, 2021, the terms of which were incorporated into the Judgment (hereinafter, "Stipulation"). (See, e-file dot. 52). Of relevant issue to the matter sub judice, Plaintiffwas entitled to buyout Defendant's interest in the former marital residence located at 395 Henry's Lane,Peconic,New York 11958. In addition thereto,he was entitled to various credits as against the Defendant's equity,including a separate property credit of$149,864.15 and he would continue to accrue a credit each month for one half of the pay-down of the mortgage principal from January 2016 to such time as the property is refinanced, sold or transferred. (See, e-file doc. 52). Plaintiffwas to have six months(180 days)to refinance and remove Defendant from the marital residence and Defendant was to cooperate and execute a deed and all other documents necessary to formally transfer the former marital residence to Plaintiff. Further,if there were any judgments,liens or encumbrances on the former marital residence in Defendant's name, Plaintiff would be entitled to reduce the payout by such amount as long as it was paid at the time of transfer. Plaintiff filed the instant Order to Show Cause seeking various reliefs including the request to be appointed as Receiver to transfer the title of the former marital residence. Plaintiff alleges in his application that he has attempted to obtain Defendant's compliance and cooperation with the terms of the Judgment but she has been uncooperative. Plaintiff provides documentation that he paid off the mortgage on the former marital residence in May 2021. (See, e-file dots. 60-62). Pursuant to the terms of the Stipulation, the former martial 1 of 3 FILED: SUFFOLK COUNTY CLERK 10 25 d 4 05:47 PM INDEX NO. 000118/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 10/25/2024 Harvey Y.Harvey Index#0001I8/2017 Page 2 of 3 residence was valued at $440,000.00, of which Defendant was entitled one-half subject to Defendant's separate property credit and pay-down in principal of the mortgage from July 2016 to the date of the transfer.(See,e-file doc.52).Plaintiff alleges there would be no credit to Defendant after the pay-down in mortgage, separate property credits, any liens and/or judgment credits. Plaintiff s application was personally served upon Defendant on July 31,2024.(See,e- file doc.57), The Order to Show Cause indicated that the parties were to appear on September 12,2024 at 10:00 am in person to address the allegations set forth in the motion. Defendant failed to appear on September 12,2024 and an Order to Appear was issued on said date that directed Defendant to appear in person on October 8,2024 at 10:00 am to address the pending application. (See, e-file doc. 58). The Order was served upon Defendant on September 19, 2024 together with supplemental documentation that was permitted to be filed by leave of Court.(See,e-file does. 67-69). Plaintiff and Plaintiffs Counsel appeared on October 8,2024,however Defendant did not appear. At that time,the Court submitted the motion for decision. Discussion Pursuant to the terms of the Stipulation, Plaintiff attempted to comply with the requirement to remove Defendant from the mortgage within the 180 days from the signing of the Judgment with Notice of Entry. The Judgment was entered with the Suffolk County Clerk on March 4, 2022. (See,e-file doc.36).Plaintiff satisfied the mortgage on the former marital residence on May 16, 2022, approximately 60 days from the signing of the Judgment. (See, eanfile doc.61). Plaintiffhas complied with the terms of the Stipulation by removing Defendant from the mortgage as it had been satisfied. Plaintiff has attempted to have Defendant comply with her obligations,but she has refused to sign the deed. Based upon Plaintiff's removal of Defendant from the mortgage and her failure to cooperate with Plaintiff as set forth in his application, Plaintiffs request to be appointed Receiver is granted. Plaintiff however is required to effectuate the buyout of Defendant's share of the equity in the former marital residence subject to the specific deductions specified in the Judgment. (See,e-file doc.36). Pursuant to the Stipulation and Judgment,the calculations are as follows: Appraised Value $440,000.00 Minus off the Top: Roof ($7,200.00) Separate Property ($149,864.59) Paydown principal: January,2016—October 5,2021 ($66,157.76) October 5, 2021-May,2022- ($85,524.01) Total EQUITY BALANCE $131,253.64 Defendant's equity: $65,626.82 2 of 3 FILED: SUFFOLK COUNTY CLERK 10 25 024 05:47 -PR INDEX NO. D00118/2017 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 10/25/2024 Harvey v.Harvey index;#0001 1 8/201 7 Page 3 of 3 Wife's equity: $65,626.92 Minus any liens against the property: Wife's Parking ticket ($50.00) Equity Due Wife $65,576.82 Based upon the above calculations and the reductions that were set forth in the Stipulation,and the documentation provided which includes that the principal paydown since October 5, 2021,Defendant is due$65,576.82. Plaintiff shall remit payment in the amount for $65,576.82 to his attorney to be held in escrow for the benefit of Defendant. Upon remitting such payments to his Counsel,Plaintiffshall be entitled to sign the deed as Receiver transferring the former marital residence into his sole name. Accordingly,it is hereby, ORDERED, that Plaintiffs application is GRANTED and Plaintiff shall remit payment of$65,576.82 to his Counsel to be held in escrow for the benefit of Defendant which represents the Defendant's equitable share of her interest in the former marital residence located at 395 Henry's Lane,Peconic,New York 11958;and it is further ORDERED, that upon payment by Plaintiff as stated above, Plaintiff is hereby appointed Receiver for the sole purpose of transferring the former marital residence located at 395 Henry's Lane,Peconic,New York 11958 from joint names to his sole name; and it is further ORDERED,that Plaintiffs Counsel shall serve a copy of this Order upon Defendant at the addresses that were previously utilized for service of process;and it is further ORDERED,that upon receipt of the$65,576.82 from Plaintiff to his Counsel,notice shall be sent by Counsel to Defendant at the addresses that were previously utilized for service that Counsel is holding the money in escrow for Defendant;and it is further ORDERED, that Plaintiffs Counsel shall remit payment to Defendant upon her appearance and request for said payment. ORDERED, any relief not specifically addressed herein is DENIED. The foregoing constitutes the Decision and Order of this Court. Dated:October 25,2024 Central Islip,NY ENTE HON.CHERYL A.JbSEP%A.J.S.C. 3 of 3 STATE OF NEW YORK } }ss.. COUNTY OF SUFFOLK } On this 12th day of November 2024, before me,the undersigned,personally appeared MICHAEL HARVEY A/K/A MICHAEL R.HARVEY personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. LYN©A A CACACE NOTARY PUBLIC-STATE OF NEW YORK No.o1CA5015423 Nota Public Qualified in Suffolk County �)Z ry My Commission Expires July 19 01 3C RECEIVER'S DEED DISTRICT: 1000 MICHAEL HARVEY a/k/a MICHAEL SECTION: 074.00 R.HARVEY,AS RECVEIVER BLOCK: 01.00 TO LOT: 019.000 MICHAEL HARVEY a/k/a MICHAEL R.HARVEY COUNTY OF SUFFOLK RETURN BY MAIL TO: Peter M. Mott,Esq. Twomey,Latham, Shea,Kelley, Dubin&Quartararo,LLP 33 West Second Street P.O.Box 9398 Riverhead,New York 11901 FOR COUNTY USE ONLY F--IA15):w+astv.arpa.state.rFy.us C>_ sw>S Code 14 . 7 . 3 . 8 . 8 . 9 1 New York State Ltepar3rrYant of C2_ Date need Recorded I 1 / 14 20251 Taxation and Finance Month Day rear 01fioe of Real Pfoperty Tax Services C3_ Book 111 3,2 17, 9 I C4_ Page 1 , ,9 , 31 91 RP- 6217-PDF Rea[Property Transfer Report(W10) PROPERTY INFORMATIONI Double click to edit 1.Property 395 Henry's Lane t.ocatian _. 'STREET N6JMER 'BTREET NAME cw'C7E:r.I.°i'OLD PZ:CGNIC l i 9s 8 •CITY oP TO Vli A 'M.CODE 2.Buyer Harvey IMlchae.l Name -i_a.5r wcAt>=1cnnt.1F+N n' FM&T NAME a/k/a Harvey Mlchael R. LAST Ply ntE.'C pN,% FIRST NAME. &Tax indIcaft where future Tax Bills are to be dent Billing It ottw than buyer address(at bottorn of torn) LAST PUW61JC00APANY sT a ME Address 5TRr�NJ."Ff—ID tS-gD a [.tTv drE'FOY.m1 STATE ...21P=0a 4.Indicate the number of Assesurnamt 1 �#17f F Part a a Parnei (only 0 Part of a Parcel)Check as they apply. Ren parcels transferred on the deed aYCe€S ©R 4/A.Planning Board with Subdivision Authority Exist* ❑ 5,Deed X OR 0.49 41B.Subdivislon Approval visa Required fix Tmnsrar property •I'Ro1rr foxy .17EVTx ^.acREs size 40.Parcel Approved for Subdivisim vAth Map Provided ri Earvey Michael (as receiver) - e,F iA4ey"2iiS cc lam'- nee 77dyyel 6.Seller •EASY raAageR6.MPANY -t T A MEF Home a/k/a Harvey Michael R. (as xeceaver) e i4t.y-" l NA,teEoQ WAVY WiR$"'�We •7.Select the description VA7ich most accurately describes the Check tote boxes below as they apply: use of the property at the time of sal$: S.Ownership Type is Condominium A, One Family Residential 9.New Construction on a vacant Land '€oA-Property Located within an Agricultural Msirlet 4OM Buyer received a disclosure noltm indieng that the properly is ir1 an ❑ Agricultural❑strict SALE INFORMATION 45.Check one or more of these conditions as applicable to transfer. A.Sale Between ftelatives or Former Relatives t I.Sale Conbact Date B.Sale between Related Cw pan€es or Partners in Business. -- C,One of the Buyers is atso a SCOW •1Z Date of Sale/Transfer I I-12-24 D.Buyer or Sailor is Govern tnom Agency or Lending€nsAudon E.Deed Type not Warranty or Bargain and Salo(Spedfy 9e€aw) R Sege of Fractlonal or Less than Fee Interest(Spocify Below) '13.Full Sale Price c,5 r 5 7 t; .82 C-- Significant Change in Property Between Taxab€e Status and Sala Dates Ft.S.We of Business is If4cludod ire Sale Prig {Ftl€€Sale Brice Is the total artwunt paid f r the property including personal property_ I. Other Unusual Factors Affecting Safe Alice(Specify Below) IWs payment may be in the form of cash.other prop"or good$,or the assumption of J.Nonemortgages or other obkgatlons.)Please round to the rmwesf whole daW amount. Corr rmant(s)on Condition: 14,indicate the vahm of personal prvp*rty in Nuded in the sa:a . ASSESMENT€NFORMATFoR-Data should reft o the latest Final Assessment Roll and Tax$[I[ t$.Year of Assessment Roll from which Information takerr(yy) 2 4 "17.Total Assessed Vakte 4 r 3 C)[] •f$.Property Class 210 — 1119.School District(lame SOUTHO.LD '20,Tarr Map€deniFfier(&yRoh Ideotiftr(s)(if mare than four,attach sheet with additional identifierts)) 1000--074-00--01-00--019.000 CERTIF ICATlON F Certify that all of the items*f irlformation entered on this form are true and corroct(to the hest of my knowledge and belle[)and I understand that the making of any wistful false state ent of matedai fact herein subject me to ttse.,l,[ y..f.i.{ ,l&, xk, .kt.f kC.r�ml �to the making and filing of false lrrstnmtenes^ E,i� iiPaTldR nn T N Mow information tar flux huymr_taste:K buyer is tLC.s ety,asscdaYmn,cafvorakan,faint�Wck co,npany,estate or p �ri,1 2/2 4 emery that to ram.an fndvkdue;agent or Tidexiary.then a n ,e and sanaca Wornatlon or andidiVldaPtne�anakbEe "eF l aarpr—,ran answer af+e511 ns regsrd�g the transfer must be arisred.7y"or print alexrty.) SEtJ.eRS 3YfRR �� TUBE Harvey I lc: hai Jl ,�,�� -EP87 rrAFaE trfasr MAh`P 1 I 12 24 a xeo r x a rs a �aw Aa a trx:resssavl $JYEIe a16tSATLV2e DATe 349 F3erxzy's Larxe •arwt;�r rauMfl�x •srRt>CT rv�� n cc oo 3 i I PG4'p17`�C ICY. 11958 'CrrY C137 Tr]WpF •R'tATt •21P cc1De ER'S-ATTS,� I NTar�i.ell�. N7a.rirza r�_ 1 L T NAMW FIRST NJ V F (631, 727-21911 ARF-A.GDDa TeEFRONE NvMB fr-.x-�9 vWr F f F f I f