Barnett v. Sabharwal

GULOTTA, Chief Judge.

In this action by the holder of a promissory note secured by a second mortgage on *131real property, the defendant purchasers of the property, who assumed the mortgage, appeal from a summary judgment casting them for the balance due on the note.1 Defendants contend that summary judgment was erroneous because they did not sign the note and because there are unresolved issues of material fact concerning an unfulfilled suspensive condition to the act of sale and assumption. We affirm.

Francis B. Barnett is the holder in due course of a promissory note secured by a mortgage on…