The plaintiff brought an action alleging her daughter fraudulently transferred title of a jointly owned property into her own name and subsequently encumbered it with multiple mortgages.
One of the mortgagees brought a motion for summary judgment to dismiss the action against it, and the plaintiff brought a cross-motion for summary judgment against the mortgagees and default judgment against her daughter.
The court dismissed all motions, finding that the 'full appreciation' test could not be met on the incomplete documentary record, and that a trial was necessary to determine whether the plaintiff had an opportunity to avoid the fraud and to allocate the loss among the competing parties under the theory of deferred indefeasibility.
