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

Index No. 380034/15. Appeal No. 12239. Case No. 2020-00055.

191 A.D.3d 490 (2021)

142 N.Y.S.3d 488

2021 NY Slip Op 00819

U.S. Bank, N.A., as Legal Title Trustee for Truman 2013 SC4 Title Trust, Appellant, v. Fausto Cordero, Respondent, et al., Defendants.

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

Decided February 9, 2021.


Attorney(s) appearing for the Case

Friedman Vartolo LLP, New York ( Zachary Gold of counsel), for appellant.

Elizabeth M. Garcia , Bronx, for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, JJ.


In this foreclosure action, defendant sold the property before the court appointed Referee computed the amount due under the mortgage. At the closing on July 26, 2019, defendant paid the amount sought by plaintiff in accordance with a third payoff statement dated July 25, 2019. Defendant then expeditiously filed a motion for an accounting on August 1, 2019 alleging that he paid excessive legal fees, penalty interest, deferred interest, fees for a temporary modification that...

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