U.S. BANK N.A. v. PEPE

2016-10357. Index No. 29487/09.

161 A.D.3d 811 (2018)

76 N.Y.S.3d 560

2018 NY Slip Op 03168

U.S. Bank National Association, as Trustee, on Behalf of the Holders of the Adjustable Rate Mortgage Trust 2007-3 Adjustable Rate Mortgage Backed Pass-Through Certificates, Series 2007-3, Appellant, v. Anthony Pepe, Respondent, et al., Defendants.

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

Decided May 2, 2018.


Ordered that the order is reversed, on the law, with costs, the motion of the defendant Anthony Pepe is denied, and the judgment of foreclosure and sale dated October 27, 2014, is reinstated.

In November 2009, the plaintiff commenced this action against Anthony Pepe (hereinafter the defendant), among others, to foreclose a mortgage. The defendant failed to timely appear or answer the complaint. Thereafter, the Supreme Court, upon the plaintiff's motion, issued a judgment...

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