Defeated Purchaser’s Action Seeking to Avoid a Lender’s Mortgage Lien
- Posted on: Sep 13 2022
(September 2022)
Jim Truitt and Amy Abbandondelo successfully moved for summary judgment on behalf of a lender, resulting in the dismissal of the purchaser’s action against the lender. The purchaser sought to set aside the lender’s mortgage on various grounds, including that the mortgage reflected the wrong tax block and lot on its face. The Federal District Court determined, among other things, that the parole evidence submitted in support of the lender’s motion, including numerous loan documents that the borrower executed at the subject mortgage loan closing, established that the mortgage encumbered the purchaser’s property.
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