HSBC BANK USA, NATIONAL ASSOCIATION v. WHITTER

2015-10960 Index No. 27963/08.

159 A.D.3d 942 (2018)

74 N.Y.S.3d 285

2018 NY Slip Op 02146

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for ACE 2006-HE1, Respondent, v. LEEROY WHITTER, Appellant, et al., Defendants.

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

Decided March 28, 2018.


Ordered that the order is affirmed, with costs.

On November 7, 2005, the defendant Leeroy Whitter (hereinafter the defendant) executed a note promising to repay the principal sum of $484,000. As security for the loan, the defendant executed and delivered a mortgage encumbering residential property in Canarsie, Brooklyn. The mortgage was subsequently assigned to the plaintiff.

The defendant defaulted on the loan...

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