Miller-Francis v. Smith-Jackson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
The primary issue in this case is whether a mortgage lender can ignore signs of a “foreclosure rescue” scheme simply because the title to the subject property appears to be in order.* The issue arose in the context of a motion by defendants Mortgage Electronic Registration Systems, Inc. (MERS) and Accredited Home Lenders, Inc. (Accredited) for summary judgment dismissing the complaint as against them; the complaint seeks, among other things, to quiet title. Because defendants’ evidence is not in admissible form, they fail to establish prima facie that they are…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Auerbach v. BennettNew York Court of Appeals · 1979
- In Re the Estate of SakowNew York Court of Appeals · 2002
- Anderson v. . BloodNew York Court of Appeals · 1897
- Vanship Holdings Limited v. Energy Infrastructure Acquisition Corp.Appellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cohen v. CASSM Realty Corp.New York Supreme Court · 2016
- Lucky of 195 Madison St. Roofing & Contr. Inc. v. Creif 109 LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Lucky of 195 Madison St. Roofing & Contr. Inc. v. Creif 109 LLCAppellate Division of the Supreme Court of the State of New York · 2020
- O'Reilly v. KeeneAppellate Division of the Supreme Court of the State of New York · 2016
- Weiss v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2017
6 more not listed; retrieve them via the Exa API.