The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the certificateholders of CWALT, Inc., Alternative Loan Trust 2006-31CB, Mortgage Pass-Through Certificates, Series 2006-31CB v. Ronald A. Gosset

Syllabus

The defendants, Mellissa Gosset and Verity Gosset, appealed from a Superior Court decision in favor of the plaintiff, The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the certificateholders of CWALT, Inc., Alternative Loan Trust 2006 31CB, Mortgage Pass-Through Certificates, Series 2006 31CB. The Superior Court granted the plaintiff's motion for summary judgment and for leave to conduct a foreclosure sale on a property encumbered by a mortgage that the defendants signed with their late father and codefendant, Ronald A. Gosset, who died after the plaintiff filed its initial complaint. All three defendants signed the mortgage, which secured a promissory note that Ronald, but not his daughters, signed in exchange for a loan. In granting the plaintiff's motion, the trial justice found that the plaintiff, which was the present holder of the note, presented uncontested evidence that the mortgage was in default because Ronald had failed to make payments on the loan as required by the terms of the note.<br><br>The defendants made three arguments on appeal. First, the defendants argued that the Superior Court decision, which was in the form of a revised judgment and order instead of a final judgment, was appealable. Second, the defendants alleged that the Superior Court lacked personal jurisdiction over the case against Ronald because no personal representative had been appointed for him after his death. And third, the defendants contended that the Superior Court erred in finding that Mellissa and Verity were in default on the mortgage.<br><br>The Supreme Court concluded that the Superior Court decision was appealable under a recognized exception to the final-judgment rule. The Court rejected, however, the defendants' remaining arguments and concluded that the plaintiff had indeed presented uncontested evidence that it was entitled to conduct a foreclosure sale on the property. Accordingly, the Court affirmed the judgment of the Superior Court.<br>