Mott v. the Bank of New York Mellon

Summary

The Court affirmed summary judgment in favor of the Bank in the in rem mortgage-foreclosure action. It held that the record established the Bank's possession of both the Note and Mortgage and that none of the Motts' asserted defenses created a genuine issue of material fact or otherwise barred foreclosure. The Court also held that any violation of the federal loss-mitigation regulation would support a damages remedy rather than preclusion of foreclosure.