WELLS FARGO BANK, N.A. v. ARCHIBALD

2015-09834. Index No. 9428/08.

150 A.D.3d 937 (2017)

54 N.Y.S.3d 439

2017 NY Slip Op 03800

WELLS FARGO BANK, N.A., as Trustee for the MLMI TRUST SERIES-2005-HE3, Respondent, v. EMANUEL ARCHIBALD, Appellant, et al., Defendants.

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

Decided May 10, 2017.


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

In June 2005, Emanuel Archibald (hereinafter the defendant) and Yvonne Moody (hereinafter together the defendants) executed a note in the sum of $503,400 in favor of Option One Mortgage Corporation (hereinafter Option One), which was secured by a mortgage on residential property located in Highland Mills. Thereafter, Option One assigned the mortgage to the plaintiff by written assignment dated...

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