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U.S. BANK NATIONAL ASSOCIATION v. CLEMENT

2015-07318. Index No. 709246/14.

163 A.D.3d 742 (2018)

81 N.Y.S.3d 116

2018 NY Slip Op 05218

U.S. Bank National Association, as Trustee for Adjustable Rate Mortgage Trust 2005-11, Adjustable Rate Mortgage Backed Pass through Certificate, Series 2005-11, Appellant, v. Ruth Clement, Also Known as Ruth Leona Clement, Respondent, et al., Defendants.

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

Decided July 11, 2018.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Ruth Clement, in effect, pursuant to CPLR 3211 (a) (1) and (3) to dismiss the complaint insofar as asserted against her for lack of standing is denied.

In August 2005, the defendant Ruth Clement (hereinafter the defendant) borrowed the sum of $491,200 from First United Mortgage Banking Corp. (hereinafter First United). The loan was memorialized by a note and secured by a mortgage...

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