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DEUTSCHE BANK NATL. TRUST CO. v. AMOAH

2018-03804. Index No. 24547/08.

188 A.D.3d 647 (2020)

135 N.Y.S.3d 156

2020 NY Slip Op 06242

Deutsche Bank National Trust Company, Respondent, v. John P. Amoah et al., Defendants. Avenue K NY Corp., Intervenor-Appellant.

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

Decided November 4, 2020.

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

On August 6, 2007, the defendant John P. Amoah executed a note in favor of SMI Mortgage, Inc. (hereinafter SMI), in the principal sum of $486,000. The note was secured by a mortgage on certain real property located in Brooklyn. On November 1, 2017, the note and mortgage were transferred to the plaintiff, as trustee, pursuant to a pooling and servicing agreement between and among Saxon Asset Securities...

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