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CHASE HOME FIN., LLC v. MICIOTTA

514265.

101 A.D.3d 1307 (2012)

956 N.Y.S.2d 271

2012 NY Slip Op 8602

CHASE HOME FINANCE, LLC, Respondent, v. ANTHONY S. MICIOTTA, Also Known as ANTHONY MICIOTTA, et al., Defendants, and SUSAN M. MICIOTTA, Also Known as SUSAN MICIOTTA, Appellant.

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

December 13, 2012.

McCarthy, J.

In 2003, defendant Anthony S. Miciotta (hereinafter Miciotta) executed a note to borrow $227,000 from Charter One Bank, N.A. Miciotta and his wife, defendant Susan M. Miciotta (hereinafter defendant), also executed a mortgage with Charter One against their real property to secure the note. Charter One assigned the mortgage to JPMorgan Chase Bank, N.A., which later assigned the mortgage to plaintiff. When defendant and Miciotta stopped making payments...

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