U.S. BANK NATIONAL ASSOCIATION v. VANVLIET


24 A.D.3d 906 (2005)

805 N.Y.S.2d 459

U.S. BANK NATIONAL ASSOCIATION, Formerly Known as FIRST BANK NATIONAL ASSOCIATION TRUST, Respondent, v. WALLACE VANVLIET, Also Known as WALLACE VAN VLIET, Appellant. JOSEPH DARMETKO, Respondent.

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

December 8, 2005.


MERCURE, J.P.

In 1999, defendant granted EquiCredit Corporation of New York a mortgage on his property in Bloomingburg, Sullivan County, in exchange for $80,000. Thereafter, EquiCredit assigned the mortgage to plaintiff. In March 2003, defendant defaulted on his mortgage payments and, pursuant to the terms of the mortgage, two letters were sent to him indicating that plaintiff would commence foreclosure proceedings if the unpaid balance on the loan was not paid within...

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