OPINION OF THE COURT
TIMOTHY J. WALKER, J.
Procedural History
In July 2006, defendant Terry A. McRae borrowed $45,000 from First Franklin, a Division of National City Bank of Indiana, and signed a promissory note providing for monthly payments over 30 years to First Franklin (the note). This debt was secured by a mortgage on defendant's real property located in the Town of Almond, New York, recorded in the Allegany County Clerk's Office...
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