US BANK NATIONAL ASSOCIATION v. COCKFIELD

2015-11482, Index No. 7245/12.

143 A.D.3d 889 (2016)

2016 NY Slip Op 06821

40 N.Y.S.3d 145

US BANK NATIONAL ASSOCIATION, as Trustee for MASTER ASSET-BACKED SECURITIES TRUST, 2006-FRE2, Appellant, v. PAUL COCKFIELD, Respondent, et al., Defendants.

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

Decided October 19, 2016.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further consideration of the motion and the cross motion in accordance herewith.

In 2005, the defendant Paul Cockfield (hereinafter the defendant) obtained a residential mortgage loan in the principal sum of $441,000. As alleged, he defaulted on the loan on September 1, 2006. On December 13, 2006, the plaintiff, US Bank National Association...

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