FEDERAL NATL. MTGE. ASSN. v. SCHMITT

2018-03366, Index No. 135724/17.

172 A.D.3d 1324 (2019)

99 N.Y.S.3d 717

2019 NY Slip Op 04140

Federal National Mortgage Association, Also Known as Fannie Mae, Respondent, v. Elizabeth Schmitt, Appellant, et al., Defendants.

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

Decided May 29, 2019.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Elizabeth Schmitt pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against her is granted.

In October 2006, Elizabeth Schmitt (hereinafter the defendant) borrowed the sum of $408,000 from MortgageIT, Inc. (hereinafter MortgageIT), which was memorialized by a note and secured by a mortgage in favor of Mortgage Electronic Registration Systems, Inc.,...

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