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LASALLE BANK NATIONAL ASSOCIATION v. AHEARN

59 A.D.3d 911 (2009)

___ N.Y.S.2d ___

LASALLE BANK NATIONAL ASSOCIATION, as Trustee for Certificateholders of Bear Stearns Asset-Backed Securities I, LLC Asset-Backed Certificates, Series 2004-FR3, Respondent, v. TIMOTHY J. AHEARN, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 26, 2009.

CARDONA, P.J.

In 2004, defendant Timothy J. Ahearn (hereinafter defendant) entered into a mortgage agreement with Fremont Investment & Loan in the amount of $180,000 to purchase a home in Ulster County. The mortgage lists Mortgage Electronic Registration Systems, Inc. (hereinafter MERS) as the nominee of Fremont and its assignees. The document also states that MERS is the mortgagee of record for recording purposes and specifically grants it the right to seek foreclosure...

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