U.S. Bank, N.A. v. Foote — 7/14/2017

The defendant…appeals from the judgment of strict foreclosure rendered by the trial court following the granting of a motion for summary judgment in favor of the plaintiff…. On appeal, the defendant claims that the trial court erred in granting the plaintiff’s motion for summary judgment because (1) the action is barred by the doctrines of res judicata and collateral estoppel; (2) the plaintiff failed to establish a prima facie case for foreclosure; and (3) a prior judgment of dismissal against the plaintiff created a genuine issue of material fact as to the plaintiff’s status as holder of the note at the time the present action was commenced. The defendant further claims that, because the plaintiff was not entitled to summary judgment, the court improperly rendered judgment of strict foreclosure in favor of the plaintiff. We disagree and, accordingly, affirm the judgment of the trial court.

AC35632

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