Cunningham v. McWilliams

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• in mortgage foreclosure action, summary judgment proper if mortgagors admit mortgage is in default, that they have failed to pay interest on obligation, and that recorded mortgage is in specified amount
• “[A] counterclaim in a foreclosure action is cognizable if it alleges fraud in the inducement to the mortgage, but not if it alleges fraud in the inducement to the contract of sale.”
• Summary judgment is appropriate where mortgagors admit that the mortgage is in default> that they have failed to pay interest on the obligation, and that the recorded mortgage is in the specified amount.
• summary judgment appropriate where mortgagee admitted to amount for which mortgage was recorded

Source: CourtListener parenthetical corpus (CC0).