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U.S. BANK NATIONAL ASSOCIATION v. SMITH

2013-08653

123 A.D.3d 914 (2014)

999 N.Y.S.2d 468

2014 NY Slip Op 08832

U.S. BANK NATIONAL ASSOCIATION, as Trustee for CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-3, 3476 STATEVIEW BOULEVARD, FT. MILL, SC 29715, Appellant, v. DONNETTE SMITH, Respondent, et al., Defendants.

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

Decided December 17, 2014.

Ordered that the order is affirmed insofar as appealed from, with costs.

In August 2006, the defendant Donnette Smith executed a note secured by a mortgage against her residential property located in Brooklyn. Smith defaulted in payment on the note in September 2009. On December 16, 2009, Smith entered into a forbearance agreement with the loan servicer whereby it was agreed that Smith would make four reduced payments and the note would thereafter "be reviewed for...

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