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U.S. BANK N.A. v. SPENCE

9501, 381054/07.

172 A.D.3d 654 (2019)

99 N.Y.S.3d 615

2019 NY Slip Op 04294

U.S. Bank National Association, Appellant, v. Lascell Spence, Also Known as Lacell A. Spence, Respondent, et al., Defendants.

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

Decided May 30, 2019.

In a mortgage foreclosure action, a decedent who executed a note and mortgage on real property is not a necessary party if the decedent made an absolute conveyance of all of her interest in the property and if the plaintiff does not seek a deficiency judgment against the decedent's estate (see Wells Fargo Bank, NA v Emma, 161 A.D.3d 1131, 1132 [2d Dept 2018]; Countrywide Home Loans, Inc. v Keys, 27 A.D.3d...

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