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FOWLER v. INDYMAC BANK, FSB

2018-05730, Index No. 3908/17.

176 A.D.3d 682 (2019)

107 N.Y.S.3d 708

2019 NY Slip Op 07055

David Fowler, Appellant, et al., Plaintiff, v. Indymac Bank, FSB, et al., Respondents.

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

Decided October 2, 2019.

Attorney(s) appearing for the Case

David Fowler, Mastic, NY, appellant pro se.

Duane Morris LLP, New York, NY ( Brett L. Messinger of counsel), for respondent.

Mastro, J.P., Rivera, Miller and Christopher, JJ., concur.

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

In January 2006, the plaintiffs David Fowler (hereinafter the appellant) and his now-deceased wife Francine Fowler (hereinafter the decedent) obtained a loan from the defendant Indymac Bank, FSB (hereinafter Indymac), secured with a mortgage against real property located in Mastic. In December 2011, Indymac assigned the mortgage and the note to the defendant Deutsche Bank National Trust Company...

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