WELLS FARGO BANK, N.A. v. DEERING

1428 CA 14-01923.

134 A.D.3d 1468 (2015)

23 N.Y.S.3d 767

2015 NY Slip Op 09535

WELLS FARGO BANK, N.A., as Trustee for SECURITIZED ASSET BACKED RECEIVABLES LLC 2004-OP2, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2004-OP2, Respondent, v. CHERYL A. DEERING et al, Appellants.

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

Decided December 23, 2015.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this foreclosure action after Cheryl A. Deering and Carl G. Deering (defendants) stopped paying on a note. We reject defendants' contention that Supreme Court erred in granting plaintiff's motion for summary judgment. As a preliminary matter, we note that defendants waived the defense of standing by failing to raise it in their answer to the...

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