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NATIONSTAR MTGE., LLC v. OCWEN LOAN SERVICING, LLC

Index No. 651366/19. Appeal No. 13548. Case No. 2020-00853.

194 A.D.3d 490 (2021)

2021 NY Slip Op 02994

Nationstar Mortgage, LLC, Appellant, v. Ocwen Loan Servicing, LLC, Respondent.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

McKool Smith, P.C., New York ( David I. Schiefelbein of counsel), for appellant.

Orrick Herrington & Sutcliffe LLP, New York ( Thomas N. Kidera of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Mendez, JJ.

On March 7, 2015, the parties entered into a Bulk Servicing Rights Purchase and Sale Agreement (purchase agreement), through which Ocwen "sold, transferred and assigned" to Nationstar "all rights, title and interest" to certain residential mortgage loans. Ocwen made representations and warranties to Nationstar regarding its prior servicing of the relevant mortgage loans, among them it represented that the loans had been properly serviced, and that Nationstar's claims for...

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