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FEDERAL NATL. MTGE. ASSN. v. JEAN

2018-06217. Index No. 502888/12.

189 A.D.3d 1178 (2020)

134 N.Y.S.3d 220

2020 NY Slip Op 07546

Federal National Mortgage Association, Respondent, v. Phillippe Jean et al., Defendants. E. 38 St. Realty, Inc., Nonparty Appellant.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Storch Law, P.C., Brooklyn, NY ( Zvi A. Storch of counsel), for nonparty-appellant.

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for respondent.

Rivera, J.P., Chambers, Cohen and Hinds-Radix, JJ., concur.

Ordered that the judgment of foreclosure and sale is affirmed insofar as appealed from, with costs.

On January 9, 2008, the defendants Phillippe Jean and Mary Jean (hereinafter together the Jeans) executed and delivered a note in the sum of $533,850 and mortgage securing the debt on real property located in Brooklyn. The Jeans entered into a loan modification agreement with the lender on January 20, 2010. The Jeans defaulted...

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