Merrill Lynch Credit Corp. v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendants/third-party plaintiffs, Mark Chamberlain and Alexandra M. Chamberlain, purchased property from defendants Douglas E Smith and Lisa A. Smith in September 1997. In conjunction therewith, third-party defendant performed a title search on the property and prepared a title abstract in July 1997, which was recertified at the time of the closing in September. The title abstract, however, failed to list an outstanding mortgage in the amount of $50,000 to secure a loan given by plaintiff to the Smiths in July 1997. In December 2008, plaintiff commenced this mortgage foreclosure…
2Cases cited6 opinions
- Zumpano v. QuinnNew York Court of Appeals · 2006
- Greschler v. GreschlerNew York Court of Appeals · 1980
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- Pope v. SagetAppellate Division of the Supreme Court of the State of New York · 2006
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