WELLS FARGO BANK, N.A. v. BENITEZ

2018-03006. Index No. 15433/13.

194 A.D.3d 986 (2021)

144 N.Y.S.3d 366

2021 NY Slip Op 03211

Wells Fargo Bank, N.A., Respondent, v. Veronica Benitez, Appellant, et al., Defendants.

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

Decided May 19, 2021.


Attorney(s) appearing for the Case

Jeffrey Herzberg, P.C., Hauppauge, NY, for appellant.

Shapiro, DiCaro & Barak, LLC (Reed Smith LLP, New York, NY [ Andrew B. Messite and Michael V. Margarella ], of counsel), for respondent.

Rivera, J.P., Chambers, Iannacci and Wooten, JJ., concur.


Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

On August 20, 2007, the subject mortgage was executed by the defendant Veronica Benitez (hereinafter the defendant) in favor of AmTrust Bank to secure a promissory note executed on the same day in the principal sum of $358,500. The note (hereinafter the eNote) was signed by electronic signature. The defendant allegedly defaulted by failing to make the payment due as of August 1, 2010...

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