Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's cross motion for summary judgment. Plaintiff, the mortgagee, could validly assign to defendant its successful bid at the foreclosure sale and direct the Referee to execute and deliver the deed directly to defendant ( see, Polish Natl. Alliance v. White Eagle Hall Co., 98 A.D.2d 400, 411; Forest Hill Cemetery Assn. v. Sullivan, 235 App. Div. 269, 271). Defendant, however, submitted evidence in admissible form raising a factual issue whether a Referee's deed had been previously delivered to and accepted by plaintiff ( see, Ten Eyck v. Whitbeck, 156 N.Y. 341; see generally, Brackett v Barney, 28 N.Y. 333, 340-341; First Fed. Sav. Loan Assn. v. Ivy Ridge, 76 Misc.2d 208, 209, affd 50 A.D.2d 1057), thereby passing title to plaintiff ( see, Dorff v. Bornstein, 277 N.Y. 236, 241; Savings Bank v. 561-575 Delaware Ave., 201 A.D.2d 946), exhausting the Referee's authority under the judgment of foreclosure ( see, Mullins v. Franz, 162 App. Div. 316, 318), and leaving the Referee with no title to convey to defendant ( see, RPAPL 1353; Jorgensen v. Endicott Trust Co., 100 A.D.2d 647, 648).