JPMORGAN CHASE BANK, N.A. v. FISCHER

2017-12633. Index No. 71915/14.

194 A.D.3d 1031 (2021)

2021 NY Slip Op 03313

JPMorgan Chase Bank, National Association, Respondent, v. Rebecca Wells Fischer et al., Appellants, et al., Defendants.

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

Decided May 26, 2021.


Attorney(s) appearing for the Case

Andrew D. Brodnick , Rye Brook, NY, for appellants.

Cohn & Roth, LLC, Mineola, NY ( Michael C. Nayar of counsel), for respondent.

Chambers, J.P., Miller, Barros and Christopher, JJ., concur.


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

In a note dated June 6, 2003, John Carl Fischer borrowed $625,000 from nonparty Washington Mutual Bank, FA (hereinafter WaMu). Fischer borrowed another $106,022.71 from WaMu in a note dated December 22, 2003. A consolidated note for a total of $728,000 was issued on December 22, 2003. To secure the notes, WaMu was given a mortgage on real property located in South Salem. John Carl Fischer died...

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