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FIRST TRUST NAT'L ASS'N v. CHIANG

242 A.D.2d 599 (1997)

662 N.Y.S.2d 136

First Trust National Association, Respondent, v. Leo Y. Chiang et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 22, 1997

Ordered that the amended order is reversed, on the law, the order entered June 27, 1996, is vacated, and the plaintiff's motion is denied.

On October 25, 1988, the appellants executed a note and mortgage on real property in favor of Residential Mortgage Service, Inc. (hereinafter Residential). Thereafter, the note and mortgage were assigned to the plaintiff. The appellants defaulted on their payments on July 1, 1994, and failed to cure the default. In December 1994...

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