CitiMortgage, Inc. v. Roznowski

May 16, 2014 by Justia

Appellant-mortgagee filed a complaint seeking to foreclose on property owned by Appellees-mortgagors. The district court granted summary judgment in favor of Appellant. The court of appeals dismissed Appellees’ appeal, finding that the district court’s order was not final and appealable because it did not set forth the dollar amount of the balance due on the mortgage. On remand, the trial court stated a dollar amount of the balance due on the mortgage and included in its judgment decree unspecified amounts advanced by Appellant for inspections, appraisals, property protection, and maintenance. The court of appeal dismissed Appellees’ appeal, concluding that the trial court again failed to issue a final, appealable order because it did not include in its judgment specific itemization of the amounts expended by Appellant for inspections, appraisals, and the like. The Supreme Court reversed, holding (1) a judgment decree in foreclosure that allows as part of recoverable damages unspecified amounts advanced by the mortgagee for inspections, appraisals, and the like is a final, appealable order; and (2) a mortgagor may challenge those amounts as part of the proceedings to confirm the foreclosure sale and appeal the order of confirmation. Remanded. View "CitiMortgage, Inc. v. Roznowski" on Justia Law