Dow Family, LLC v. PHH Mortgage Corp.
Annotate this CaseIn 2009, Plaintiff purchased a condominium unit. Before closing, the sellers’ attorney informed Plaintiff that a mortgage from 2001 was mistakenly listed on the title commitment. The information was incorrect, however, and the mortgage, purportedly owed to Defendant, went unsatisfied at the time of closing. Plaintiff sought a declaration that the 2001 mortgage was not an enforceable lien at the time because Defendant was unable to produce documentation indicating that the mortgage was assigned to Defendant at the time of closing in violation of the statute of frauds. The Supreme Court concluded that Defendant could properly enforce the mortgage at the time Plaintiff purchased the property because the doctrine of equitable assignment, which exempts mortgage assignments from the statute of frauds, applied in this case. The Court then remanded on the issue of whether Defendant had the necessary documents to enforce the note in question.
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