Federal National Mortgage Association v. Injawe Inc. and Dina E. John

Summary

The United States District Court for the Eastern District of New York grants Federal National Mortgage Association’s unopposed motion for summary judgment in a mortgage foreclosure action involving 809 Rogers Avenue, Brooklyn. The court finds that FNMA established ownership of the note and mortgage, Injawe Inc.’s default, and compliance with applicable foreclosure requirements, including curing a deficiency under RPAPL § 1303. The court also removes the John Doe defendants from the caption and severs claims against Dina E. John.

Holdings

1. A foreclosure plaintiff establishes a prima facie entitlement to summary judgment by producing the mortgage, the unpaid note, and evidence of the defendant's default, together with proof that the plaintiff was the holder or assignee of the note when the action commenced. FNMA met that burden through unrebutted evidence of its possession and ownership of the loan documents and Injawe's payment and reporting defaults.
2. The court exercised its discretion to permit FNMA to cure its initial failure to comply with RPAPL § 1303, and found that FNMA complied after reissued summonses, service, and posting of the required notice at the property's entrances.
3. Defendants' boilerplate affirmative defenses and counterclaims, unsupported by opposition papers or factual allegations satisfying applicable pleading standards, were deemed abandoned and ineffective to defeat summary judgment.

Questions Presented

1. Whether FNMA established a prima facie entitlement to summary judgment in a New York mortgage-foreclosure action by proving ownership or possession of the note and mortgage and the borrower's default.
2. Whether FNMA's initial failure to comply with RPAPL § 1303 required denial of summary judgment or could be cured after the action was commenced.
3. Whether defendants' unopposed affirmative defenses and counterclaims created a material factual dispute or otherwise defeated summary judgment.
4. Whether FNMA was entitled to an order of foreclosure and sale and further proceedings to determine the updated amount due.

Disposition

other