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BANK OF AMERICA, NATIONAL ASSOCIATION v. WHEATLEY

2017-00933. Index No. 6707/11.

158 A.D.3d 736 (2018)

73 N.Y.S.3d 88

2018 NY Slip Op 01175

BANK OF AMERICA, NATIONAL ASSOCIATION, as Successor by Merger to LASALLE BANK NATIONAL ASSOCIATION, as Trustee for Certificateholders of BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET-BACKED CERTIFICATES, SERIES 2007-HE5, Appellant, v. CECIL WHEATLEY et al., Defendants.

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

Decided February 21, 2018.

Ordered that the order is affirmed, without costs or disbursements.

On March 19, 2007, the defendant Cecil Wheatley (hereinafter the defendant) executed a note in the sum of $242,000 in favor of Bravo Credit. The note was secured by a mortgage on residential property located in Queens County. In January 2010, Mortgage Electronic Registration Systems, Inc. (hereinafter MERS), as nominee for Bravo Credit, assigned the mortgage to the plaintiff.

In March 2011...

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