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BANK OF AMERICA, N.A. v. BARTON

2015-07701, 2015-07702, Index No. 10965/12.

149 A.D.3d 676 (2017)

2017 NY Slip Op 02616

50 N.Y.S.3d 546

BANK OF AMERICA, N.A., as Successor by Merger to BAC HOME LOANS SERVICING, LP, Formerly Known as COUNTRYWIDE HOME LOANS SERVICING LP, Respondent, v. REBECCA BARTON et al., Appellants, et al., Defendants.

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

Decided April 5, 2017.

Ordered that the orders are affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to foreclose a mortgage against, among others, the defendant homeowners Rebecca Barton and Raymond Barton (hereinafter together the Bartons), alleging that the Bartons failed to make payments pursuant to a note and mortgage in the principal sum of $243,200. The Bartons appeared and answered, and then served an...

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