NATIONSTAR MTGE., LLC v. WEISZ

2019-04926. Index No. 512291/17.

195 A.D.3d 934 (2021)

146 N.Y.S.3d 512

2021 NY Slip Op 04024

Nationstar Mortgage, LLC, Appellant, v. Rebecca Weisz et al., Respondents, et al., Defendants.

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

Decided June 23, 2021.


Attorney(s) appearing for the Case

McCabe, Weisberg & Conway, LLC, Melville, NY ( Kenneth Britt of counsel), for appellant.

Allen M. Lowy , New York, NY, for respondents.

Rivera, J.P., Hinds-Radix, Duffy and Christopher, JJ., concur.


Ordered that the order is affirmed, with costs.

In April 2008, the defendant Rebecca Weisz executed a note in the amount of $533,850 in favor of HSBC Mortgage Corporation (USA) (hereinafter HSBC), the plaintiff's predecessor. The note was secured by a mortgage on certain real property located in Brooklyn.

On or about June 16, 2010, HSBC commenced an action to foreclose the mortgage against, among others, Weisz (hereinafter the 2010 action). Weisz defaulted...

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