HSBC BANK USA, N.A. v. GREENE

Index No. 35654/18E. Appeal No. 12761. Case No. 2019-04684.

190 A.D.3d 417 (2021)

2021 NY Slip Op 00015

HSBC Bank USA, National Association, as Trustee for Ace Securities Corp., HomeEquity Loan Trust, Series 2007-HE4, Respondent-Appellant, v. Michelle Greene, Individually and as Heir and Distributee to the Estate of Doris Greene, Also Known as Doris Estelle Greene, Appellant-Respondent, et al., Defendants.

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

Decided January 5, 2021.


Attorney(s) appearing for the Case

Bronx Legal Services, Bronx ( Irvin M. Schwartz of counsel), for appellant-respondent.

Hinshaw & Culbertson LLP, New York ( Fernando C. Rivera-Maissonet , of counsel), for respondent-appellant.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.


Michelle argues that the complaint should be dismissed because the foreclosure action commenced against her and her decedent, Doris Greene (Doris), in 2007 by nonparty Deutsche Bank, assignee of nonparty Mortgage Electronic Registration Systems, Inc. (MERS), as nominee of the original lender, had accelerated the mortgage, the acceleration had not been revoked, and the statute of limitations to foreclose on the property had expired...

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