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WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION v. GARRASI

510244.

80 A.D.3d 1061 (2011)

914 N.Y.S.2d 790

WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as Trustee under the Pooling and Servicing Agreement Dated September 1, 1999, Home Equity Loan Asset Backed Certificate Series 1999-3, Appellant, v. ROBERT GARRASI, Respondent.

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

Decided January 20, 2011.

STEIN, J.

In April 1999, a husband and wife executed two mortgage notes, one in the amount of $51,750 and the second in the amount of $13,800. The mortgage securing the $13,800 note was filed first and the mortgage securing the $51,750 note was filed immediately thereafter. Ultimately, Provident Bank became the holder of the $51,750 note and mortgage. Provident commenced foreclosure proceedings in 2002 without naming as a party or otherwise notifying the holder of...

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