DEUTSCHE BANK NATL. TRUST CO. v. CARLIN

2015-07571, Index No. 7648/13.

152 A.D.3d 491 (2017)

2017 NY Slip Op 05421

61 N.Y.S.3d 16

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the Holders of MORGAN STANLEY ABS CAPITAL I INC., TRUST 2005-HE3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE3, Respondent, v. ANDREW P. CARLIN, Appellant, et al., Defendants.

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

Decided July 5, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against the appellant and an order of reference is denied.

In 2005, the defendant Andrew P. Carlin (hereinafter the defendant) executed a note in favor of WMC Mortgage Corp. (hereinafter WMC) and a mortgage on his property in favor of Mortgage Electronic Registration Systems...

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