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HSBC BANK USA v. McKENNA

5871/09.

37 Misc.3d 885 (2012)

952 N.Y.S.2d 746

2012 NY Slip Op 22285

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for MORTGAGEIT SECURITIES CORP. MORTGAGE LOAN TRUST SERIES 2007-1 MORTGAGE PASS-THROUGH CERTIFICATES, Plaintiff, v. JOHN McKENNA, JR., Also Known as JOHN T. McKENNA, JR., et al., Defendants.

Supreme Court, Kings County.

October 3, 2012.

Attorney(s) appearing for the Case

Hogan Lovells US LLP ( Allison J. Schoenthal and Nicole E. Schiavo of counsel) for plaintiff. John E. Petiton for John McKenna, Jr., defendant.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

This action was commenced on March 11, 2009 to foreclose a mortgage on property located at 448 Decatur Street, Brooklyn. The subject mortgage, dated March 27, 2007, was given to "MORTGAGEIT" as lender to secure payment of an adjustable rate note with the same date in the principal amount of $624,000, which note was also given to "MORTGAGEIT" as lender. The borrower designated in the note and mortgage is defendant...

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