21ST MORTGAGE CORPORATION v. OSORIO

2016-06229. Index No. 704067/15.

167 A.D.3d 823 (2018)

90 N.Y.S.3d 274

2018 NY Slip Op 08618

21st Mortgage Corporation, as Mortgage Loan Servicer to Wilmington Savings Fund Society, FSB, a Federal Savings Bank, Doing Business as Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, Solely in its Capacity as Trustee for and on Behalf of the Knoxville 2012 Trust, Appellant, v. Michelle Napier Osorio, Heir to Marion Napier, Deceased, et al., Defendants, and Mesias Arias et al., Respondents.

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

Decided December 19, 2018.


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

In March 1998, nonparty Marion Napier executed a note in favor of Saxon National Mortgage Bankers, Ltd., which was secured by a mortgage on real property located in East Elmhurst (hereinafter the premises). Marion died in 2001. In March 2003, Bank One National Association (hereinafter Bank One), as assignee of the mortgage, commenced an action

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