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HSBC BANK USA, N.A. v. HALLS

2011-01700.

98 A.D.3d 718 (2012)

950 N.Y.S.2d 172

2012 NY Slip Op 6063

HSBC BANK USA, N.A., Respondent, v. JOYCE HALLS et al., Defendants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellant.

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

Decided August 29, 2012.

Ordered that the order dated December 17, 2010, is affirmed, with costs.

In this action to foreclose a mortgage, which was commenced in August 2007, the untimely answer of the defendant Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit (hereinafter MERS), raised the defense of payment, and asserted a counterclaim against the plaintiff for a judgment declaring that the subject mortgage had been satisfied. The plaintiff neither...

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