DITECH FINANCIAL, LLC v. RIZZO

2018-01584, Index No. 131053/09.

175 A.D.3d 1243 (2019)

108 N.Y.S.3d 156

2019 NY Slip Op 06472

Ditech Financial, LLC, Formerly Known as Green Tree Servicing, LLC, Respondent, v. Joseph Rizzo, Appellant, et al., Defendants.

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

Decided September 11, 2019.


Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and David R. Smith of counsel), for appellant.

Dillon, J.P., Leventhal, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

On October 10, 2003, the defendant Joseph Rizzo (hereinafter the appellant) borrowed the sum of $233,000 from Countrywide Home Loans, Inc. (hereinafter Countrywide). The loan was evidenced by a note in the amount of $233,000 and secured by a mortgage in favor of Mortgage Electronic Registration Systems, Inc. (hereinafter MERS), as nominee for Countrywide...

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