Bank of America, N.A. v. Gibson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that loan history documents attached to an affidavit submitted in support of mortgage holder’s motion for summary judgment were “records of regularly conducted activity, or business records, and would be admissible at trial with proper foundation.”
• holding that a mortgage holder is “entitled to summary judgment if the mortgagor admits that the mortgage is in default, the mortgagor has failed to pay on the obligation, and the recorded mortgage is in the specified amount.”
• explaining that the appellant, “[b]y his ineffective denials and improper claims of lack of knowledge . . . admitted the material allegations of the complaint[.]”
• concluding affidavit that referenced loan history documents was not hearsay and court did not err in considering it when granting a motion for summary judgment
• noting that the Nanty-Glo rule may be circumvented when the moving party supports its summary judgment motion by using admissions of the opposing party, which may include facts admitted in pleadings
• noting that responsive pleadings in a mortgage foreclosure action must contain specific denials

Source: CourtListener parenthetical corpus (CC0).