Legal Opinion

Onewest Bank, FSB v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided January 7, 2016No. 521333PublishedCited by 12 opinions

1Opinion of the CourtDevine, J.

Appeal from an order of the Supreme Court (Mott, J.), entered September 16, 2014 in Ulster County, which, among other things, granted defendant Lisa M. Smith’s cross motion for summary judgment dismissing the complaint against her.

Defendant Lisa M. Smith (hereinafter defendant) is the owner of real property in the Town of Woodstock, Ulster County and, in 2009, she borrowed over $320,000 from a subsidiary of plaintiff that was secured by a home equity conversion mortgage, more commonly known as a reverse mortgage, on that property (see e.g. 12 USC § 1715z-20 [b] [3]; Banking Law § 6-h).…

2Cases cited4 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Robert Bennett v. Shaun DonovanCourt of Appeals for the D.C. Circuit · 2013
  3. Nationstar Mortgage, LLC v. DimuraAppellate Division of the Supreme Court of the State of New York · 2015
  4. Metlife Home Loans v. VereenNew York Supreme Court · 2014

3Cited by12 opinions

  1. Green Planet Servicing, LLC v. MartinAppellate Division of the Supreme Court of the State of New York · 2016
  2. Nationstar Mortgage LLC v. GoekeAppellate Division of the Supreme Court of the State of New York · 2017
  3. Reverse Mtge. Solutions, Inc. v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2021
  4. Genovese v. Nationstar Mtge. LLCAppellate Division of the Supreme Court of the State of New York · 2023
  5. Bank of Am., N.A. v. GulnickAppellate Division of the Supreme Court of the State of New York · 2019

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