Plaintiffs/sellers, who were knowing participants in a mortgage rescue scam, commenced an action against the straw buyer, the straw buyer’s mortgage broker, the Bank, and others seeking rescission of the mortgage agreement, compensatory damages, and punitive damages. We moved for summary judgment on behalf of the mortgagee Bank, arguing that the sellers knowingly participated in the fraudulent sale of their property to a straw buyer and intentionally deceived the Bank to obtain the proceeds of mortgages for which they did not qualify. We also argued that because the Bank was not aware of, nor had any reason to suspect fraud, it was a bona fide encumbrancer for value under RPL 266. Adopting our arguments, the Court dismissed the Complaint and held that the mortgage and note were valid and enforceable.