McGovern v. Bank of Am., N.A.

Plaintiff signed an adjustable-rate note evidencing a loan from Bank of America and executed a mortgage on property that secured the loan. Bank of America was designated as the Lender and the mortgagee. After Plaintiff defaulted on his loan, a foreclosure auction was held at which Celtic Roman Group placed a successful bid. Before Celtic could close on the property, Plaintiff filed a notice of lis pendens in the land evidence records. Plaintiff subsequently filed a complaint challenging Bank of America’s authority to foreclose on the property. The superior court granted summary judgment for Defendants. The Supreme Court affirmed, holding (1) there was no genuine issue of fact as to whether Plaintiff defaulted on his loan; (2) the foreclosure sale was lawfully noticed; and (3) Bank of America was the holder of the note at the time of foreclosure. View "McGovern v. Bank of Am., N.A." on Justia Law