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U.S. BANK N.A. v. BEYMER

850236/13, 6606A, 6606.

161 A.D.3d 543 (2018)

77 N.Y.S.3d 380

2018 NY Slip Op 03600

U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Trust 2006-A6, Appellant, v. John M. Beymer, Also Known as John Beymer, et al., Respondents, et al., Defendants.

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

Decided May 17, 2018.

The complaint was properly dismissed because plaintiff failed to establish that it gave proper notice of the foreclosure action to the individual defendants under RPAPL 1304 as the notice of default was not mailed to the individual defendants' correct address.

Plaintiff's main argument — that RPAPL 1304 is inapplicable because the loan at issue was not a "home loan" — is not reviewable because it has been...

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