JP MORGAN CHASE BANK, N.A. v. MBANEFO

2016-12356. Index No. 2441/15.

166 A.D.3d 742 (2018)

88 N.Y.S.3d 420

2018 NY Slip Op 07709

JP Morgan Chase Bank, N.A., as Successor by Merger to Washington Mutual Bank, P.A., Respondent, v. Joseph Mbanefo, Appellant.

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

Decided November 14, 2018.


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

On October 19, 2005, the defendant executed and delivered to the plaintiff's predecessor-in-interest a mortgage against the defendant's property in Melville, securing a loan in the amount of $1.5 million. The mortgage was never recorded. In addition, the original mortgage was lost or destroyed, and an attempt by the plaintiff to record a copy of the mortgage was rejected by the Suffolk County...

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