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HSBC BANK USA, N.A. v. OSCAR

2016-02811, Index No. 11840/13.

161 A.D.3d 1055 (2018)

78 N.Y.S.3d 428

2018 NY Slip Op 03667

HSBC Bank USA, National Association, as Trustee for Opteum Mortgage Acceptance Corporation, Asset-Backed Pass-Through Certificates, Series 2005-4, Respondent, v. Pierre Oscar, Appellant, et al., Defendants.

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

Decided May 23, 2018.

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

In August 2005, the defendant Pierre Oscar (hereinafter the defendant) executed a promissory note in the amount of $236,000 in favor of Opteum Financial Services, LLC (hereinafter Opteum), which was secured by a mortgage on residential property in Westbury. The mortgage was later assigned to the plaintiff. In September 2013, the plaintiff commenced...

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