Justice Diccia Pineda-Kirwan
Flushing Savings Bank moved to uphold a mortgage given by Rodriguez, who cross-moved declaring quiet title on her behalf. The underlying quiet title suit involved the subject property, in which Rodriguez claimed that after she received a clean title report from Junction Abstract, she gave Flushing a mortgage, and subsequently learned that Irving Bisono also allegedly held title to the same property. Flushing sought summary judgment on the validity of the mortgage by establishing that Rodriguez was the proper title holder to the property. The court noted Flushing’s main basis for relief was contingent on a finding by the court that Rodriguez had proper title when she secured her mortgage. It found Rodriguez was a bona fide purchaser for good and valuable consideration without knowledge of any possible malfeasance by the seller or any other party with interest. The court stated this, in conjunction with the fact Rodriguez relied on Junction’s clean title report, mandated that title rested with her, granting her declaratory judgment of quiet title. As such, to the extent Rodriguez conceded the mortgage she gave Flushing was valid, provided she had proper title to the property, Flushing’s motion to uphold its mortgage against her was granted.
