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BANK OF AMERICA, N.A. v. PENNICOOKE

2018-09272. Index No. 52800/15.

186 A.D.3d 545 (2020)

129 N.Y.S.3d 445

2020 NY Slip Op 04447

Bank of America, N.A., Respondent, v. Clifton Pennicooke, Appellant, et al., Defendants.

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

Decided August 12, 2020.

Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

On April 12, 2004, the defendant Clifton Pennicooke (hereinafter the borrower) executed a note in favor of Freedom Mortgage Corporation (hereinafter Freedom) in the principal sum of $333,700. The note was secured by a mortgage on certain residential property located in Westchester County. On February 26, 2015, the plaintiff, Bank of America, N.A. (hereinafter BANA), alleging that...

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