Note Capital Group, Inc. v. Perretta

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In this foreclosure action, the Supreme Court vacated the order of the superior court granting partial summary judgment in favor of Note Capital Group, Inc. and against Michele Perretta and Anna Perretta, holding that the Perrettas raised a genuine issue of material fact that precluded the grant of summary judgment. Specifically, the Court held (1) this appeal from the superior court’s interlocutory order was appropriate because the grant of partial summary judgment had an element of finality allowing Note Capital to foreclose on the Perrettas’ property; (2) the Perrettas lacked standing to challenge the validity of the assignment of the note and mortgage from American Residential Equities to GMAC Mortgage, LLC; but (3) the Perrettas raised a genuine issue of material fact regarding the validity of the note. View "Note Capital Group, Inc. v. Perretta" on Justia Law