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WMC MTGE. CORP. v. VANDERMULEN

2019-06996. Index No. 371/05.

204 A.D.3d 865 (2022)

164 N.Y.S.3d 507

2022 NY Slip Op 02451

WMC Mortgage Corp., Respondent, v. Hendrika Vandermulen et al., Defendants, and Bank of New York Mellon Trust Company, N.A., Appellant.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Nelson Mullins Riley & Scarborough LLP, New York, NY ( Alan F. Kaufman and Lisa A. Herbert of counsel), for appellant.

Cuddy & Feder LLP, White Plains, NY ( Joshua E. Kimerling and Troy D. Lipp of counsel), for respondent.

Patricia Ann Weiss , Sag Harbor, NY, for defendants Donald MacPherson and Carrie MacPherson.

Dillon, J.P., Duffy, Brathwaite Nelson and Roman, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

This is an action, inter alia, to foreclose a mortgage held by the plaintiff on property located in Southampton. The mortgage secured a loan made on September 28, 2000, by the plaintiff to the defendant Hendrika Vandermulen in the principal amount of $383,000. The purpose of the loan was to finance Vandermulen's purchase of the property from the defendants Donald MacPherson and Carrie MacPherson...

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