Henley v. Foreclosure Sales, Inc.

The plaintiffs deeded their home to the defendant, and the parties signed an occupancy and option agreement. The plaintiffs commenced this action for a judgment declaring the deed to be a mortgage. A prior motion by the defendant for summary judgment was denied, and this Court affirmed, stating that a deed, “ ‘although absolute on its face, will be considered to be a mortgage when the instrument is executed as security for a debt’ ” (Henley v Foreclosure Sales, Inc., 39 AD3d 470 [2007], quoting Basile v Erhal Holding Corp., 148 AD2d 484, 485 [1989]). This Court further found that questions of…