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DEUTSCHE BANK NATL. TRUST CO. v. ANDERSON

2016-07546, Index No. 21435/13.

161 A.D.3d 1043 (2018)

2018 NY Slip Op 03661

Deutsche Bank National Trust Company, as Trustee under the Pooling and Servicing Agreement Relating to IMPAC Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2006-3, Appellant, v. Sandra Anderson, Appointed Executrix of the Estate of Floyd Bailey, Also Known as Floyd Bailey, Sr., Deceased, Respondent, et al., Defendants.

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

Decided May 23, 2018.

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

On July 26, 2006, Floyd Bailey executed a promissory note in the principal sum of $470,250 in favor of IMPAC Funding Corporation, doing business as IMPAC Lending Group (hereinafter IMPAC), which was secured by a mortgage on residential property located in South Ozone Park. Bailey defaulted on the loan by failing to make the monthly installment payment due on December 1, 2007. Thereafter, Bailey...

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