Throughout the course of a mortgage loan, there may be several servicer transfers and mortgage assignments. This is especially true when it comes to distressed mortgage loans.
In this Nassau matter, after the parties could not reach a settlement, plaintiff moved for Summary Judgment. We opposed, arguing, inter alia, that Summary Judgment must be denied as the alleged loan modification agreement from 2009 is illegible. The Court agreed that the 2009 agreement (produced by the new loan and mortgage holder) is illegible. “In fact, a review of the Agreement reveals that the only decipherable items are the date it was signed and [defendant’s] signature…. As such summary judgment is not appropriate as a questions of fact exist as to the amount alleged due and as to the enforceability of the Agreement.” Based on the Court’s finding, the Court did not address our remaining defenses.
