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BAC HOME LOAN SERVICING, L.P. v. HOWELL

2017-08909. Index No. 29767/09.

201 A.D.3d 782 (2022)

161 N.Y.S.3d 304

2022 NY Slip Op 00299

BAC Home Loan Servicing, L.P., Respondent, v. Margaret Howell, Appellant, et al., Defendants.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

Mark E. Alter, Garden City, NY (Margaret S. Alter of counsel), for appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Joseph F. Battista of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Chambers and Hinds-Radix, JJ., concur.

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

On September 13, 2005, nonparty Margaret Howell, individually, executed a note in the sum of $324,450 in favor of nonparty America's Wholesale Lender. The note was secured by a mortgage on certain real property in Suffolk County. The mortgage was signed by Margaret Howell in her capacity as trustee of the Margaret Howell Trust (hereinafter the trustee).

In July 2009, the plaintiff, BAC...

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