Barnett v. Chandhok

GULOTTA, Chief Judge.

In this suit by the holder of a promissory note secured by second mortgage on real property, plaintiff appeals from a summary judgment dismissing his claim for the balance due on the note and recognition of the mortgage. Because the undisputed facts show that defendant-appellees unconditionally assumed the mortgage, we conclude the trial court erred in granting the summary judgment of dismissal.1 Accordingly, we reverse and remand.

The facts and arguments raised in the instant suit are virtually identical to those in a separate action, Barnett v. Avnash Kaur Sabharwal,…