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U.S. BANK NATIONAL ASSOCIATION v. MARTIN

2014-06806, Index No. 7523/13.

144 A.D.3d 891 (2016)

2016 NY Slip Op 07638

41 N.Y.S.3d 550

U.S. BANK NATIONAL ASSOCIATION, Respondent, v. ELISE MARTIN, Also Known as ELISE H. MARTIN, et al., Appellants, et al., Defendants.

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

Decided November 16, 2016.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Elise Martin, also known as Elise H. Martin, Walter Martin, and Russell Carbone is granted.

In 2004, Elise Martin, also known as Elise A. Martin, and Walter Martin executed a mortgage on their property as security for a note. After the Martins defaulted on their payment obligations, LaSalle Bank National Association (hereinafter LaSalle Bank) accelerated the debt and commenced...

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