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128 SKILLMAN ST. 4A, LLC v. NATIONSTAR MTGE., LLC

2019-06774. Index No. 513195/17.

193 A.D.3d 1025 (2021)

147 N.Y.S.3d 670

2021 NY Slip Op 02507

128 Skillman St. 4A, LLC, Respondent, v. Nationstar Mortgage, LLC, Appellant.

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

Decided April 28, 2021.

Attorney(s) appearing for the Case

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for appellant.

Berg & David, PLLC, Brooklyn, NY ( Abraham David and Dean Boyer of counsel), for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

In July 2003, nonparty Aron Deutsch borrowed the sum of $205,000 from nonparty Flagstar Bank, FSB. The loan was memorialized by a note and secured by a mortgage encumbering real property located in Brooklyn. Thereafter, the mortgage was assigned and the note was transferred to nonparty BAC Home Loans Servicing, LP (hereinafter BAC). In September 2009, BAC commenced an action to foreclose the mortgage (hereinafter the...

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