I think I may be in error in stating that the JUDGE did not make a final Decision in the Foreclosure Lawsuit.
According to the following link an " Order of Reference " in a Foreclosure Lawsuit is typically for 2 purposes:
1. To appoint a referee to compute the amount owing.
2. To appoint a referee to conduct the foreclosure sale/auction.
" In foreclosure there are typically two references, the first one being when a referee is appointed to compute the amount due, and the second one being when a referee is appointed to conduct the foreclosure sale/auction "
Yes - I think that Francine did lose the Foreclosure Lawsuit and BRWC is to be sold.
The following link shows - in a diagram form - that in a New York Foreclosure Lawsuit - after the JUDGE has granted the Summary Judgment in favour of the Plaintiff - the Plaintiff/Lender files a " Motion for Order of Reference ".
1. Summary Judgment granted in favour of Plaintiff.
2. Plaintiff files a " Motion for Order of Reference ".
3. JUDGE signs " Order of Reference " and appoints a Referee.
4. Referee computes amount owed by Defendant/Borrower.
5. Plaintiff/Lender files a " Motion for Judgment of Foreclosure and Sale ".
6. JUDGE signs " Judgement of Foreclosure and Sale "
7. Property is advertised for Sale and goes to Auction.