In Mathurin v. Lost & Found Recovery, LLC, 65 AD3d 617, 2009 WL 2516872 [2nd Dept. 2009], the alleged victim of a foreclosure rescue scheme brought an action against the lender and mortgage holder to rescind the mortgage note and to recover damages for negligence and gross negligence. The Second Department sustained the action based upon a supplemental affidavit from the plaintiff, stating that the lender and mortgage holder were on notice of facts "that would lead a reasonable, prudent lender to make inquiries of the circumstances of the transaction at issue and that should have alerted them to the fraud allegedly being perpetrated by the defendants"