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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