HSBC Bank USA, N.A. v. Ashley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.E
Appeal from an order of the Supreme Court (Lambert, J.), entered November 21, 2011 in Delaware County, which denied defendants’ motion to, among other things, vacate a prior judgment of foreclosure and sale.
In 2006, defendants borrowed $383,500 from Delta Funding Corporation and executed a promissory note secured by a mortgage encumbering their real property. The mortgage instruments list Mortgage Electronic Registration Systems, Inc. as nominee of Delta Funding and its assignees. Plaintiff, as assignee of the mortgage, commenced this action against defendants in April 2009 after…
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