WELLS FARGO BANK, N.A. v. BERKOVITS

2014-09721, Index No. 24851/11.

143 A.D.3d 696 (2016)

2016 NY Slip Op 06487

38 N.Y.S.3d 579

WELLS FARGO BANK, N.A., as Trustee for the CERTIFICATE-HOLDERS OF BANC OF AMERICA ALTERNATIVE LOAN TRUST 2004-1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-1, Respondent, v. MORRIS BERKOVITS et al., Appellants.

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

Decided October 5, 2016.


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

On December 9, 2005, the defendant Morris Berkovits obtained a residential loan from Bank of America, N.A., in the principal amount of $385,000. The loan application and the note reflected that the loan was a refinancing of an investment property. The note was secured by a mortgage executed by the defendants Morris Berkovits and Susan Berkovits (hereinafter together the defendants) and encumbered...

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