U.S. BANK NATIONAL ASSOCIATION v. DLJ MORTGAGE CAPITAL, INC.

2790, 653140/15.

146 A.D.3d 603 (2017)

2017 NY Slip Op 00396

44 N.Y.S.3d 747

U.S. BANK NATIONAL ASSOCIATION, Solely in its Capacity as Trustee of the ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES AMQ 21006-HE7 (ABSHE 2006-HE7), Respondent, v. DLJ MORTGAGE CAPITAL, INC., Defendant, and AMERIQUEST MORTGAGE COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 19, 2017.


The heart of Ameriquest's appeal is premised on a provision of the parties' Mortgage Loan Purchase and Interim Servicing Agreement (MLPA) that was not raised before the motion court. Ameriquest contends that this provision, found in the fourth paragraph of Section 7.04 of the MLPA (the notice restriction provision), bars plaintiff's claims because it purportedly required plaintiff to notify Ameriquest within 90 days of discovery of any breach of the representations and warranties...

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