U.S. Bank National Assn. v. Jackson

Syllabus

The defendant property owner appealed from the trial court's judgment of foreclosure by sale rendered for the plaintiff. He claimed, inter alia, that the court improperly denied his motion for summary judgment predicated on his contention that the plaintiff failed to provide him with an Emergency Mortgage Assistance Program (EMAP) notice required pursuant to statutes (§§ 8-265dd and 8-265ee). Held: The trial court properly denied the defendant's motion for summary judg- ment on the basis of its conclusion that the plaintiff provided an EMAP notice to the defendant in accordance with § 8-265dd, as notice is given for purposes of § 8-265dd (b) when the notice provisions of § 8-265ee are met, and the notice provisions of § 8-265ee (a) do not require delivery of an EMAP notice but, rather, a plaintiff need only demonstrate that the EMAP notice was mailed as directed in § 8-265ee (a). The trial court properly granted the plaintiff's motion for summary judgment as to liability only, as, after the plaintiff met its initial burden to demonstrate the lack of a genuine issue of material fact that it owned the note, the burden shifted to the defendant to establish the existence of such an issue, and the defendant failed to produce any evidence to satisfy that burden. Argued February 2—officially released June 2, 2026