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E.D. New York· 7/20/2018

Gustavia Home, LLC v. Bent

Citations

  • 321 F. Supp. 3d 409

How courts have described this case

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

  • concluding that the plaintiff “establishe[d] a prima facie case of entitlement to judgement” because the plaintiff submitted copies of the mortgage and note and an affidavit establishing that the borrower had defaulted on the loan
  • finding that affidavit stating that “defendant . . . failed to cure the default” was sufficient proof of borrower’s default
  • finding that “copies of the [m]ortgage, [n]ote, allonges, and chain of assignments” was “evidence . . . that establishe[d] a prima facie case of entitlement to judgment”
  • finding that “copies of the [m]ortgage, [n]ote, allonges, and chain of assignments” was “evidence . . . that establishes a prima facie case of entitlement to judgment”
  • accepting as proof of default the affidavit 14 of plaintiff-mortgagee’s single member, stating based on “his own knowledge and from reviewing Plaintiffs business records kept in the ordinary course of Plaintiffs business” that defendant failed to cure the default
  • “Once the plaintiff submits the mortgage, the unpaid note, and evidence of the default, it has demonstrated its prima facie case of entitlement to judgment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bianco

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.