Plaintiff established prima facie entitlement to summary judgment by submitting copies of the original note, mortgage, and loan modification, and evidence of the borrower's default in payment. Defendant failed to raise an issue of fact, as the unrecorded discharge of mortgage upon which defendant relies does not insulate a subsequent purchaser from prior claims, when the existence of such claims was apparent from the face of the record. If defendant had reviewed the public record, as required, it would have found that the purported discharge of mortgage had never been entered or recorded and that the original mortgage was still recorded.
US Bank NA v. 532 W. 187 LLC, NY Slip Op 07211 (1st Dep't December 20, 2022)
