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DEUTSCHE BANK NATIONAL TRUST COMPANY v. HOMAR

2015-10092, 2015-10093. Index No. 10115/13.

163 A.D.3d 522 (2018)

80 N.Y.S.3d 409

2018 NY Slip Op 05017

Deutsche Bank National Trust Company, as Trustee, in Trust for the Registered Holders of Ameriquest Mortgage Securities, Inc., Asset Backed Pass-Through Certificates, Series 2004-R2, Respondent, v. Andrew J. Homar, Appellant, et al., Defendants.

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

Decided July 5, 2018.

Ordered that the first order is affirmed; and it is further,

Ordered that the second order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

In January 2004, the defendant Andrew J. Homar (hereinafter the appellant) executed a note and mortgage in favor of Ameriquest Mortgage Company (hereinafter AMC) on property located on Purgatory Road in Goshen. In December 2013, the plaintiff,...

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