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MTGE. ELEC. SYS. v. MAKI

9 Misc.3d 983 (2005)

801 N.Y.S.2d 515

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for AEGIS FUNDING CORPORATION, Plaintiff, v. SANDI L. MAKI et al., Defendants.

Supreme Court, Seneca County.

September 20, 2005.

Attorney(s) appearing for the Case

Hiscock & Barclay (Bruce S. Zeftel of counsel), for plaintiff.

OPINION OF THE COURT

DENNIS F. BENDER, J.

This is a mortgage foreclosure proceeding. The defendant property owners are in default, and the plaintiff seeks an order of reference to compute. In addition, however, the plaintiff asks the court to direct that the referee

"make a determination if the Mortgage that was executed and delivered to the plaintiff was concurrent with and a part of the act which created...

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