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HAWTHORNE v. NEW CENTURY MTGE. CORP.

2018-12678. Index No. 300/16.

207 A.D.3d 528 (2022)

169 N.Y.S.3d 814

2022 NY Slip Op 04539

Keith Hawthorne, Appellant, v. New Century Mortgage Corp. et al., Defendants, and U.S. Bank, National Association, Respondent.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

Keith Hawthorne, Mahopac, NY, appellant pro se.

Houser LLP, New York, NY ( David S. Yohay and Kathleen M. Massimo of counsel), for respondent.

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

Ordered that the order is affirmed, with costs.

In 2006, the plaintiff, Keith Hawthorne, executed a note in the sum of $319,500 in favor of New Century Mortgage Corporation, named herein as New Century Mortgage Corp. (hereinafter New Century), which was secured by a mortgage on real property. In 2010, Bank of America, National Association (hereinafter BoA), commenced an action against Hawthorne, among others, to foreclose the mortgage (hereinafter the 2010 action...

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