LaSalle Bank, N.A. v. Shearon

OPINION OF THE COURT

Joseph J. Maltese, J.

This court has denied the plaintiff bank’s summary judgment motion in a mortgage foreclosure action because it has found that the original lender has violated the “predatory lending” statutes found in Banking Law § 6-1. As a result of the findings of violations of the predatory lending sections of the Banking Law this court grants the defendant homeowner summary judgment wherein he may be entitled to damages to include the voiding of the mortgage and loan, along with the return of all mortgage payments, the expenses of obtaining the loans and attorney…