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US BANK NATIONAL ASSOCIATION v. LIEBERMAN

7977, 402881/10.

98 A.D.3d 422 (2012)

950 N.Y.S.2d 127

2012 NY Slip Op 5894

US BANK NATIONAL ASSOCIATION, as Trustee of the BANC OF AMERICA FUNDING 2006-A TRUST, Appellant, v. WILLIAM LIEBERMAN et al., Defendants, and JOANNE OMARK LIEBERMAN, Respondent. (And a Third-Party Action.)

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

Decided August 7, 2012.

Defendants, a husband and wife embroiled in a divorce action, had purchased a residence by personally signing the contract of sale and conducting the remainder of the transaction by power of attorney. The deed vested title in both spouses, but the note and mortgage executed on their behalf named only the husband as borrower. Although the matrimonial court had directed the husband to make payments on the mortgage obligation, he defaulted...

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