BAC Home Loans Servicing had brought a foreclosure lawsuit against Ramsay. BAC had moved for summary judgment claiming there were no issues of fact and therefore they should be entitled to summary judgment without the need for a trial. They also sought to strike Ramsay’s Answer and have a referee appointed to compute the sums due and owing BAC under the terms of the mortgage.
Ramsay contended BAC’s summary judgment application should be denied. Ramsay claimed there was predatory lending and discriminatory practices involved in making the mortgage by the original lender, Madison Home Equities.
Justice Bernard Graham found BAC did not establish a prima facie case allowing them to obtain summary judgment in their foreclosure proceeding. Judge Graham had questions concerning the relationship between Madison Home Equities and BAC. A question arose as to whether their business relationship would support the allegations made by Ramsay concerning predatory loan practices. In addition the court found Ramsay had offered plausible, reasonable evidence BAC’s decision to deny the mortgage modification was based on incorrect calculations by them. Judge Graham found denial of the mortgage modification may have been unreasonable and Ramsay may have been entitled to said mortgage modification.
Conclusion
The judge carefully reviewed the facts of this case and rendered an important decision supporting homeowner’s rights in this foreclosure case.
