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WELLS FARGO BANK, N.A. v. HUGHES

2009-4173.

27 Misc.3d 628 (2010)

897 N.Y.S.2d 605

WELLS FARGO BANK, N.A., as Trustee under the POOLING AND SERVICING AGREEMENT DATED AS OF MAY 1, 2005, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-WHQ3, Plaintiff, v. JULIANNE HUGHES et al., Defendants.

Supreme Court, Erie County.

Decided January 13, 2010.

Attorney(s) appearing for the Case

Rosicki, Rosicki & Associates, P.C. ( Deborah M. Gallo of counsel), for plaintiff.

Western New York Law Center ( Denetra Williams of counsel), for Julianne Hughes, defendant.

OPINION OF THE COURT

TIMOTHY J. WALKER, J.

On March 24, 2005 defendant Julianne Hughes borrowed $72,000 from Argent Mortgage Company, LLC and signed a promissory note (note) requiring her to make monthly payments to Argent commencing on May 1, 2005 and ending on April 1, 2035. This debt is secured by a mortgage on Hughes' real property located in the Town of Hamburg, New York (mortgage), recorded in the...

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