So a plaintiff obtains a default judgment against a defendant on a promissory note case. Defendant fails to appear or defend. On a motion to enter the default pursuant to CPLR 3215, one would assume ...
Given the choice, a borrower in foreclosure may prefer that a jury determine her fate, rather than a judge. But by statute, “[a]ll mortgages shall be foreclosed in equity” and “foreclosure claim[s] ...
'Greenleaf' presents a clear framework for alleging, and demonstrating, a bona fide defense to the enforceability of a promissory note by establishing, through parole evidence, that the actual intent ...
A recent opinion out of the Florida Fifth District Court of Appeal makes clear that the failure of a lender or its successor in interest to introduce and authenticate original promissory notes at ...
Cash might be considered king, but it isn’t realistic to pay cash for every purchase in your life, such as buying a home or paying for a large renovation project. When buying a house, you may want to ...