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JP MORGAN CHASE BANK, N.A. v. MALARKEY

65 A.D.3d 718 (2009)

JP MORGAN CHASE BANK, N.A., as Trustee for the Registered Holders of ABFS Mortgage Loan Trust 2001-1, Mortgage Pass-Through Certificates, Series 2001-1, Appellant-Respondent, v. MICHAEL P. MALARKEY JR., Also Known as MICHAEL PHILIP MALARKEY JR., et al., Respondents-Appellants, et al., Defendants.

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

Decided August 6, 2009.

SPAIN, J.

In 2001, defendants Michael P. Malarkey Jr. and Donna Marie Malarkey (hereinafter collectively referred to as defendants) borrowed $170,000 from American Business Credit, Inc. (hereinafter ABC) and promised to repay the principal with 16.25% interest over 15 years. The loan was secured by mortgages on real property located in Broome County. Defendants failed to make the required payments under the note and mortgages and plaintiff, ABC's assignee, commenced...

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