COMMUNITY BANK, N.A. v. NAITO

517553.

118 A.D.3d 1181 (2014)

987 N.Y.S.2d 260

2014 NY Slip Op 4285

COMMUNITY BANK, N.A., Respondent, v. HARUSUKE NAITO, Appellant, et al., Defendants.

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

Decided June 12, 2014.


Rose, J.

Defendant Harusuke Naito (hereinafter defendant) mortgaged his home in Otsego County to plaintiff's predecessor in interest in May 2000. In April 2011, plaintiff paid a long overdue tax bill for the property and notified defendant that he was in default of the mortgage agreement. Defendant was advised that the loan would be accelerated if he did not reimburse plaintiff for the amount paid in 30 days. Defendant failed to pay the requested amount, plaintiff...

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