Legal Opinion
Chase Mortgage Co. v. Fowler
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2001PublishedCited by 7 opinions
1Opinion of the Court
—Order unanimously reversed on the law with costs, motion denied and summary judgment dismissing the complaint granted to defendants. Memorandum: Supreme Court erred in granting plaintiffs motion for summary judgment in this action to foreclose a mortgage encumbering real property owned by Dwight Fowler (defendant). At the time of defendant’s tender of $5,000, plaintiff, as mortgagee, had not validly exercised its right to accelerate the debt because the notice of default did not clearly and unequivocally advise defendant, the mortgagor, that all sums due under the note and mortgage were…
2Cases cited5 opinions
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
- Home Savings of America v. IsaacsonAppellate Division of the Supreme Court of the State of New York · 1997
- Dime Savings Bank v. DooleyAppellate Division of the Supreme Court of the State of New York · 1981
- Call v. La BrieAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- In Re Payless Cashways, Inc.United States Bankruptcy Court, W.D. Missouri · 2002
- Costa v. Deutsche Bank National Trust Co.District Court, S.D. New York · 2017
- Rochester Home Equity, Inc. v. GuenetteAppellate Division of the Supreme Court of the State of New York · 2004
- Goldman Sachs Mortgage Co. v. MaresAppellate Division of the Supreme Court of the State of New York · 2016
- Bank of Am., Natl. Assn. v. LumaAppellate Division of the Supreme Court of the State of New York · 2018
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