Here is the information from the attorney in New York:
First Action was a foreclosure action for the premises located in Freeville, NY entitled: Citimortgage v. O’Malley, and the Tenant etc. This matter was initiated in 2019 and Tenant was personally served as a tenant on the property. The filings are available on efile for NYcourts.gov and also on the Tompkins County Clerk’s website. This matter was apparently frozen due to Covid. When the Covid protocols were released, the bank moved for a judgment of foreclosure and sale. Apparently this occurred in March and the deed was recorded in April.
Second Action is the summary proceeding that was filed in the Dryden Town Court by the new owners of the property, Jessica Bartholomew d/b/a Revolution Farm. The predicate notice that was given was a 10 Day notice and Tenant was treated as a “squatter” without a landlord/tenant relationship under RPAPL 713, which was improper. The summary proceeding was scheduled for 6/20/22 by counsel for the Petitioner, however, due to the Juneteenth Holiday and court closure was rescheduled for 6/27/22. Tenant, having not submitted to the jurisdiction of the court and not having been property served with a new notice was unable to appear on that date, but appeared by her counsel. The judge permitted the summary proceeding to go forth as scheduled and apparently signed a judgment and warrant of eviction over the objections of her attorney.
Tenant atty appealed to the Tompkins County Court and was granted a stay of eviction on 8/5/2022, which was conditioned upon the payment by Tenant of a $4,500 undertaking to the court. Tenant, for reasons unknown did not request additional time to pay and ultimately failed to pay the undertaking. Petitioner’s counsel filed a Motion to Lift the Stay on or around 8/19/2022 which was granted by the court.
The summary proceeding is currently in appellate division of Tompkins Supreme Court. Tenant’s attorney continued his efforts with respect to the appeal of the summary proceeding, however, that matter is separate and apart from why Tenant requires counsel.
Third possible Action:
I believe the original Warrant of Eviction (which was stayed) was properly served. The problematic issue was whether or not a new Warrant of Eviction was served upon Tenant in August 2022. It did not provide the required 14 Day Notice to the Tenant of the date of the eviction.
Tenant could possibly shed more light on the next part, but she was residing on the premises and also renting the barns and pasture for her 20-30 horses on the property. On or about August 26, 2022, well short of any 14 Day Notice, apparently, the sheriff authorized a gentleman to come on the property and remove the 20-30 horses and take them to a place unknown to Tenant, contrary to NY law. He refused to tell Tenant where the horses were being stored and apparently sent text messages to her demanding $20/day per horse until she removed them. Under NYS law, a landlord is required to secure any personal property of a tenant that has been evicted and permit the tenant to retrieve the personal property. Clearly this was not done.
On or about 10/13/2022, after desperately attempting to locate her horses for over a month, Tenant learned that the horses had been consigned (without her permission) to a NY Livestock Auction. Approximately 20 horses owned by Ms. Nelson were sold at the auction (on 10/15/2022. When I contacted the auction manager, I requested information regarding the legal authorization that the auction had received from gentleman that removed the horses. She made a vague reference to the foreclosure which certainly would not have given the requisite legal authority to sell the horses. In NY it would have required a properly prepared and noticed Stableman’s Lien to achieve the authority to sell. TEnant never received any notifications for an amount due by gentleman or anyone affiliated with him.
Finally, there is a rescue in Tennessee a (501c3) which I believe had prior knowledge of this impending sale and was able to amass sums between $20-$30K to purchase approximately 18 of the 20 horses that sold that day. Rescue director is a corrupt individual who sought these horses out for their bloodlines and their progeny in order to sell said horses to make a profit. Her rescue and she are corrupt, but there is little oversight over these organization and most people turn a blind eye because the horses are spared a slaughter truck to Canada or Mexico. Rescue operator and Tenant knew one another prior to the sale and prior to the eviction and wrongful taking of the horses. The women share a horse trainer in Kentucky. Tenant had requested assistance from Rescue Operator in advance of the taking/removal of the horses.
Rescue operator caused an Agent to appear on behalf of the Rescue to bid on the horses. Agent is in the possession of two of the horses, which seems to have been her compensation for her appearance at the auction to bid on the horses. Agent has attempted to contact Tenant to secure registration papers for the horses in her possession.
The horses are American Saddlebreds all registered to the American Saddlebred Registry in Lexington, KY. Given their bloodlines, they have a value anywhere from four figures to five figures or more($1,000 to $80K). Even assuming Tenant owed money to Gentleman for their care, it was significantly less than the amount he achieved by selling them at this low end auction. No funds were forthcoming to Tenant ultimately, she would like her horses returned to her. At the time of the initial taking in August, Tenant had 6 mares (female horses) with babies by their sides. There were only four babies and their mothers at the sale. I have a witness willing to state under oath that she is aware that one of the babies was trampled to death in the trailer from wherever Gentleman was hiding the horses to the sale. The vet onsite did all she could do, but it was too late.
