BANK OF AM., N.A. v. MARTINEZ

2015-00465, Index No. 33580/12.

153 A.D.3d 1219 (2017)

2017 NY Slip Op 06422

61 N.Y.S.3d 271

BANK OF AMERICA, N.A., Successor by Merger to BAC HOME LOANS SERVICING, L.P., Formerly Known as COUNTYWIDE HOME LOANS SERVICING, L.P., Respondent, v. HENRY MARTINEZ et al., Appellants, et al., Defendants.

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

Decided September 13, 2017.


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

In January 2007, the defendants Henry Martinez and Yanira Rivera (hereinafter together the defendants) borrowed the sum of $228,000 from Approved Funding Corp. (hereinafter AFC). The loan was evidenced by a note and secured by a mortgage in favor of Mortgage Electronic Registration Systems, Inc. (hereinafter MERS), acting solely as nominee for AFC...

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