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U.S. BANK NATIONAL ASSOCIATION v. LEONE

2018-02108, Index No. 711131/16.

175 A.D.3d 1452 (2019)

109 N.Y.S.3d 123

2019 NY Slip Op 06642

U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX9, Appellant, v. Elissia Leone, Respondent, et al., Defendants.

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

September 18, 2019.

Attorney(s) appearing for the Case

Reed Smith LLP, New York, NY ( Andrew B. Messite and Kerren B. Zinner of counsel), for appellant.

Janet E. Sabel , New York, NY ( Oda Friedheim of counsel), for respondent.

Balkin, J.P., Hinds-Radix, Maltese and Brathwaite Nelson, JJ., concur.

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

In August 2006, Elissia Leone (hereinafter the defendant) borrowed the sum of $528,000 from Mortgage Lenders Network USA, Inc. The loan was memorialized by a note and secured by a mortgage encumbering real property in Queens. In 2009, after the defendant defaulted on her payment obligations under the note and mortgage, the plaintiff commenced an action to foreclose the mortgage (hereinafter the...

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