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SOFFER v. U.S. BANK, N.A.

2016-11869. Index No. 513961/15.

186 A.D.3d 1443 (2020)

128 N.Y.S.3d 850

2020 NY Slip Op 04985

Joseph Soffer, Appellant, v. U.S. Bank, National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX8, Respondent.

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

Decided September 16, 2020.

Ordered that the order is affirmed, with costs.

On June 30, 2009, the defendant, U.S. Bank, National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX8 (hereinafter the Trust), commenced an action to foreclose a mortgage against the plaintiff, Joseph Soffer, among others. On June 9, 2015, the Trust sent a letter to Soffer, purporting to de-accelerate the debt and, in...

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