Mellon Bank, N.A. v. Joseph

How courts have described this case

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

• holding that the borrower’s alleged tender of the amount due and owing is “relevant as a defense in the foreclosure action”
• mortgagor could not assert counterclaims seeking (1) damages for the lender’s refusal to accept tender of the mortgage obligation to cure the default; or (2
• claims that arose once the mortgage was in default, and were not part of, or incident to, the creation of the mortgage itself, could not be pled as counterclaims
• claims that arose once the mortgage was in default, and were not part of, or incident to, the creation of the mortgage itself, could not be pled as counterclaims

Source: CourtListener parenthetical corpus (CC0).