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FBP 250, LLC v. WELLS FARGO BANK, N.A.

2015-12534. Index No. 510017/14.

164 A.D.3d 1307 (2018)

85 N.Y.S.3d 177

2018 NY Slip Op 06082

FBP 250, LLC, Appellant, v. Wells Fargo Bank, National Association, as Trustee for Securitized Asset-Backed Receivables, LLC 2005-FR5 Mortgage Pass through Certificates, Series 2005-FR5, Respondent, et al., Defendants.

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

Decided September 19, 2018.

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

In June 2005, nonparty Cecilia Adebola executed a promissory note in the sum of $549,000 in favor of Fremont Investment & Loan secured by a mortgage encumbering real property located in Brooklyn. After Adebola defaulted under the terms of the note and mortgage, the loan servicer sent her a notice of default dated July 3, 2006. The notice of default...

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