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CHAMPION MORTGAGE CO., INC. v. ELMORE

5 A.D.3d 140 (2004)

772 N.Y.S.2d 505

CHAMPION MORTGAGE CO., INC., Respondent, v. WINFORD ELMORE, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 4, 2004.

The motion court correctly granted plaintiff's motion for summary judgment foreclosing on the mortgage based upon defendant's failure to make the required monthly payments. Defendant's affirmative defense of fraud, predicated upon oral representations at odds with the plain and unambiguous terms of the note and the payment reduction provision subsequently signed by him, was properly struck (see Mariani v Dyer, 193 A.D.2d 456, 457...

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