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MILLER-FRANCIS v. JACKSON

1805/07, 10600

113 A.D.3d 28 (2013)

976 N.Y.S.2d 34

2013 NY Slip Op 7821

GLORIA MILLER-FRANCIS, Respondent, v. MARYANN SMITH-JACKSON et al., Defendants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Delbello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains ( Daniel G. Walsh of counsel), and Belowich & Walsh LLP, White Plains ( Daniel G. Walsh of counsel) for appellants.

Legal Services NYC-Bronx, Bronx ( Nicole Woods of counsel), for respondent.

GONZALEZ, P.J., MAZZARELLI and RENWICK, JJ., concur.

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...

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