Deutsche Bank Trust Company Americas as Trustee v. Lynn DeGennaro aka Lynsie Justine DeGennaro et al. (2012)

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT # 124 AND DEFENDANT'S OBJECTION TO SUMMARY JUDGMENT # 129

Simply put, the defendant, Lynn DeGennaro, obtained a loan in the amount of $154,700 on December 8, 2003 and executed a promissory note in favor of American Mortgage Network, Inc. pursuant thereto obligating her to repay said loan according to the terms of said promissory note.

In addition, the defendant executed a mortgage dated December 8, 2003 as security for the repayment of said promissory note.   The plaintiff is the holder of the promissory note and mortgage.

By her own admission, the defendant has defaulted on payment due under the promissory note.   Therefore, there are no genuine issues of facts as regards liability.   This court grants the plaintiff's Motion for Summary Judgment as to liability only.

The defendant poses three special defenses, all of which are spurious at best.   None have any legal merit.

Firstly, none of the special defenses attack the making, execution, validity, release or payment of the promissory note or mortgage nor do they claim duress or fraud, which are generally accepted defenses to a foreclosure action.

The first special defense is misleading in fact and fails to cite to a specific Bankruptcy Code violation which the court could address.

The second special defense is without foundation as a review of the exhibits does not demonstrate any missing, modified, changed or forged mortgage notes and other documents.   Nor does the defendant point to any.

The third special defense is factually incorrect and lacks merit.   The defendant's Objection to the plaintiff's Motion for Summary Judgment as to liability is overruled.

The Court

By John W. Moran, JTR

Moran, John W., J.T.R.