Wells Fargo Bank, N.A. v. Tarzia — 5/27/14

The defendant…appeals from the entry of a judgment of strict foreclosure for the plaintiff…. In this appeal, the defendant claims that (1) the plaintiff has not stated a claim for strict foreclosure of the mortgage because it did not plead that it is the owner of the debt, and (2) the judgment of strict foreclosure was procedurally improper because the court’s earlier entry of summary judgment as to liability on the note could only apply to his personal liability, and could not be the basis for a judgment of strict foreclosure. We disagree, and accordingly, we affirm the judgment of the trial court.

AC35791

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