HSBC BANK USA, N.A. v. ASHLEY

513730.

104 A.D.3d 975 (2013)

961 N.Y.S.2d 337

2013 NY Slip Op 1443

HSBC BANK USA, N.A., as Trustee for the Registered Holders of RENAISSANCE HOME EQUITY LOAN TRUST 2006-1, Respondent, v. ROBERT T. ASHLEY et al., Appellants.

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

March 7, 2013.


Mercure, J.P.

Appeal from an order of the Supreme Court (Lambert, J.), entered November 21, 2011 in Delaware County, which denied defendants' motion to, among other things, vacate a prior judgment of foreclosure and sale.

In 2006, defendants borrowed $383,500 from Delta Funding Corporation and executed a promissory note secured by a mortgage encumbering their real property. The mortgage instruments list Mortgage Electronic Registration Systems, Inc. as nominee...

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