HSBC BANK USA, NATIONAL ASSOCIATION v. PACYNA

515735

112 A.D.3d 1246 (2013)

978 N.Y.S.2d 392

2013 NY Slip Op 8562

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for ACE SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES 2004-FM1 ASSET BACKED PASS-THROUGH CERTIFICATES, Respondent, v. LINDA PACYNA et al., Appellants.

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

Decided December 26, 2013.


Rose, J.P.

Appeal from an order of the Supreme Court (Krogmann, J.), entered November 30, 2011 in Warren County, which, among other things, denied defendants' cross motion to, among other things, vacate a judgment of foreclosure and sale.

Defendant Linda Pacyna executed a note and a mortgage encumbering her residence in 2003 and, after she defaulted in 2007, plaintiff commenced this foreclosure action. When defendants failed to answer, Supreme Court granted...

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