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COUNTRYWIDE HOME LOANS, INC. v. BROWN

305 A.D.2d 626 (2003)

760 N.Y.S.2d 200

COUNTRYWIDE HOME LOANS, INC., Doing Business as AMERICA'S WHOLESALE LENDER, Respondent, v. DENNIS BROWN et al., Defendants, and WENDY BROWN, Appellant.

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

Decided May 27, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, there are no issues of fact as to whether she received a notice of default as required under the note and mortgage. The plaintiff's evidence established appropriate mailing of the required notice, which created a rebuttable presumption that the intended recipient actually received it. The appellant's simple denial...

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