America's Wholesale Lender v. Ryan

ZULICK, J.,

— This case arises out of a mortgage entered into by Harold Mooney (Mooney) and America’s Wholesale Lender (AWL). The Property mortgaged was owned by Mooney and Kathleen Ryan (Ryan). AWL seeks to have this court reform the mortgage to encumber Ryan’s interest in the property as well as Mooney’s Ryan opposes this request. Both parties have filed motions for summary judgment, and argued their positions to the court on June 3, 2013.

DISCUSSION

*385“Summary judgment is only appropriate in cases where there are no genuine issues of material fact and the moving party is entitled to judgment as…