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NATIONSTAR MORTGAGE, LLC v. BALDUCCI

2016-03102, 2016-07305. Index No. 135354/13.

165 A.D.3d 959 (2018)

86 N.Y.S.3d 172

2018 NY Slip Op 06923

Nationstar Mortgage, LLC, Respondent, v. Charles Balducci, Also Known as Charlie Balducci, Appellant, et al., Defendants.

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

Decided October 17, 2018.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

In December 2004, Charles Balducci (hereinafter the defendant) executed a note in the sum of $276,000 in favor of Lehman Brothers Bank, FSB (hereinafter Lehman). The note was secured by a mortgage on residential property in Staten Island. By assignment of mortgage dated April 28, 2010, Mortgage Electronic Registration Systems, Inc., as nominee for Lehman,

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