Ocwen Loan Servicing, LLC v. Ana Medina

Syllabus

The defendant, Ana Medina, appealed from an order of the Superior Court confirming the judicial foreclosure sale of her home in favor of the plaintiff, Ocwen Loan Servicing, LLC. On appeal, the defendant argued that the foreclosure sale should not have been confirmed because: (1) she had not been provided notice of foreclosure counseling pursuant to G.L. 1956 § 34-27-3.1, at least forty-five days prior to receiving notice of the foreclosure sale and (2) the plaintiff foreclosed the property without holding either the note or the mortgage. After thoroughly reviewing the record, the Supreme Court first held that the plaintiff initiated a judicial foreclosure action pursuant to § 34-27-1 and, as such, the requirements of § 34-27-3.1 were not applicable because that statute applies only to nonjudicial foreclosures conducted pursuant to § 34-27-4(b). Next, the Court held that the plaintiff had the authority to foreclose the property because it held the mortgage prior to the foreclosure sale. Accordingly, the Court affirmed the order of the Superior Court.