New Foreclosure Case 2nd DCA…Foreclosure Summary Judgment REVERSED!

Matt Weidner law blog:

Because there remain genuine issues of material fact about BOA’s standing to foreclose on the subject note and mortgage, we reverse the final summary judgment of foreclosure and remand for further proceedings. We further observe that although the record suggests that notice of acceleration was sent to Ms. Plaja, BOA failed to introduce admissible evidence to refute Ms. Plaja’s affirmative defense about compliance with a condition precedent in the mortgage, which required written notice of acceleration.

2Nothing in the record establishes any relationship between BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. and the entities identified in the indorsements, Countrywide Home Loans, Inc., or Countrywide Bank, N.A., as agent for Ocwen Loan Servicing, LLC. More important, the undated indorsements, which were not attached to the complaint, do not establish that any of the foregoing entities owned or held the note when BAC filed the complaint.

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