Legal Opinion
Chemical Bank v. Bowers
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1996PublishedCited by 10 opinions
1Opinion of the Court
*408The plaintiff, an assignee of the mortgage which is the subject of this action, established a prima facie case by submitting proof of the mortgage and note and the respondent’s default in payment (see, North Fork Bank v Hamptons Mist Mgt. Corp., 225 AD2d 596). The respondent failed to come forward with any evidence to support her defenses and counterclaims. While the respondent may have been defrauded by the home improvement contractor to whom she transferred a portion of the loan proceeds, that is not a defense to this foreclosure action. There is no evidence that the original mortgagee had…
2Cases cited3 opinions
- Banque Nationale de Paris v. 1567 Broadway Ownership AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
- North Fork Bank v. Hamptons Mist Management Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- First Family Mortgage Corp. v. LublinerAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by10 opinions
- Miller Planning Corp. v. WellsAppellate Division of the Supreme Court of the State of New York · 1998
- Burger v. SinghAppellate Division of the Supreme Court of the State of New York · 2006
- Mathurin v. Lost & Found Recovery, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Beckford v. Northeastern Mortgage Investment Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Mauro v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
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