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U.S. BANK TRUST, N.A. v. COLLIS

2019-01902. Index No. 500220/17.

191 A.D.3d 922 (2021)

143 N.Y.S.3d 50

2021 NY Slip Op 01084

U.S. Bank Trust, N.A., Appellant, v. Julia Lystra Collis, Respondent, et al., Defendants.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Fein, Such & Crane, LLP (D.J. & J.A. Cirando, PLLC, Syracuse, NY [ John A. Cirando , Bradley E. Keem , and Rebecca L. Konst ], of counsel), for appellant.

Alice A. Nicholson , Brooklyn, NY, for respondent.

Dillon, J.P., Miller, LaSalle and Christopher, JJ., concur.

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

In January 2006, the defendant Julia Lystra Collis (hereinafter the defendant) borrowed the sum of $850,000 from Washington Mutual Bank, FA. The loan was memorialized by an adjustable rate note and secured by a mortgage encumbering certain real property in Brooklyn. The mortgage was subsequently assigned to JPMorgan Chase Bank, National Association (hereinafter JPMorgan) which commenced a prior...

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