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NATIONSTAR MORTGAGE, LLC v. DAVIDSON

517381.

116 A.D.3d 1294 (2014)

983 N.Y.S.2d 705

2014 NY Slip Op 2658

NATIONSTAR MORTGAGE, LLC, as Assignee of Aurora Loan Services, LLC, Respondent, v. MARTIN J. DAVIDSON, Appellant, et al., Defendants.

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

Decided April 17, 2014.

Rose, J.

Aurora Loan Services, LLC commenced this foreclosure action in September 2009 alleging that defendant Martin J. Davidson (hereinafter defendant) defaulted on a note secured by a consolidated mortgage on his real property. Following unsuccessful motions for summary judgment, Supreme Court held a nonjury trial on the issue of standing. At trial, Aurora's employee testified that Aurora was in physical possession of the note as of June 2009, when the collateral...

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