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BANK OF N.Y. MELLON v. MORRIS

2017-02108, Index No. 609089/15.

172 A.D.3d 1150 (2019)

98 N.Y.S.3d 875

2019 NY Slip Op 03943

Bank of New York Mellon, Formerly Known as the Bank of New York, as Trustee for the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-16, Respondent, v. Cathy Morris, Appellant, et al., Defendants.

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

Decided May 22, 2019.

Ordered that the order is affirmed, with costs.

In 2006, the defendant Cathy Morris (hereinafter the defendant) obtained a loan from America's Wholesale Lender, which was secured by a mortgage on her real property in Suffolk. The defendant defaulted on her mortgage payments. By letter dated May 4, 2009, the defendant was sent a "notice of intent to accelerate," which stated that if she did not pay the balance of her loan "on or before June 8, 2009," "the mortgage...

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