United States Bankruptcy Court for the District of New Jersey
2011 WL 6749083 (2011)
Mary Dixon-Ford (plaintiff) purchased a home using Weichert Realtors (Weichert) (defendant) as her realtor. Dixon-Ford financed the purchase with a mortgage loan from Weichert Financial Services (WFS) (defendant). According to Dixon-Ford, she provided WFS with documentation showing her income, but a WFS loan officer listed Dixon-Ford’s income as being several times what she actually made and altered the verification-of-employment form that WFS received from Dixon-Ford’s employer in order to qualify Dixon-Ford for a larger loan. Dixon-Ford’s mortgage was included in a mortgage-backed securities transaction and deposited into a trust, with U.S. Bank National Association (U.S. Bank) (defendant) as the trustee. Subsequently, Dixon-Ford defaulted on the loan. Dixon-Ford sued U.S. Bank, Weichert, and WFS for fraud under the common law and New Jersey statutes, arguing that she had been deceived into executing the mortgage. U.S. Bank moved for summary judgment, arguing that U.S. Bank was a holder in due course of the mortgage instrument and was therefore immune from Dixon-Ford’s claims. Weichert and WFS also moved for summary judgment.
Rule of Law
Holding and Reasoning (Steckroth, J.)
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