DEUTSCHE BANK NATIONAL TRUST CO. v. ADRIAN

2015-08586, Index No. 501698/14.

157 A.D.3d 934 (2018)

69 N.Y.S.3d 706

2018 NY Slip Op 00543

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee on Behalf of the Holders of the TERWIN MORTGAGE TRUST 2007-2ALT, ASSET-BACKED CERTIFICATES, SERIES 2007-2ALT, Appellant, v. BARRINGTON ADRIAN, Respondent, et al., Defendants.

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

Decided January 31, 2018.


Ordered that the order is affirmed, with costs.

In November 2006, the defendant Barrington Adrian (hereinafter the defendant) executed a mortgage on his property as security for a note. After the defendant defaulted on his payment obligations, the plaintiff accelerated the debt and commenced an action on April 11, 2008, to foreclose the mortgage (hereinafter the prior foreclosure action). On April 8, 2014, the plaintiff sent the defendant a 90-day notice pursuant...

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