But Who Can Unlearn All The Facts That I've Learned: Facts Matter For Summary Judgment

In a recent foreclosure action, Plaintiff Lakeview Loan Servicing, LLC (“Lakeview”) sought summary judgment against Defendant Andrew Branley (“Branley”). Lakeview claimed that Branley executed a Note to JPMorgan Chase Bank, N.A. (“Chase”) on June 12, 2013, in the principal amount of $317,091.00, secured by a mortgage and a Consolidation, Extension and Modification Agreement (“CEMA”) of the same date. The mortgage and CEMA were recorded in August 2013. Lakeview asserted that the Note was endorsed in blank, transferred to Lakeview and that an Assignment of Mortgage from Chase, dated February 6, 2019, was recorded shortly thereafter. Lakeview maintained it had physical possession of the original Note prior to commencing the action in June, 2023 and that Branley had been in default since April 1, 2020.