WACHOVIA MORTGAGE CORPORATION v. TOUSSAINT

2014-11002, Index No. 12945/08.

144 A.D.3d 1132 (2016)

2016 NY Slip Op 08065

43 N.Y.S.3d 373

WACHOVIA MORTGAGE CORPORATION, Respondent, v. THERESE TOUSSAINT, Appellant, et al., Defendant.

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

Decided November 30, 2016.


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

In June 2006, the defendant Therese Toussaint (hereinafter the appellant) executed a note that was secured by a mortgage on real property. This action was commenced in July 2008 to foreclose the mortgage after the appellant allegedly defaulted on her payment obligations under the note and the mortgage. After a referee computed the amount due under...

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