Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Certificate Trustee of BOSCO CREDIT II TRUST Series 2010-1 v. David Cavalloro

Syllabus

The defendants, David and Nicole Cavalloro, appealed from a Superior Court final judgment in favor of the plaintiff, Wilmington Savings Fund Society, FSB. The complaint sought to recover principal, interest, late fees, attorneys' fees, and costs under the terms of a promissory note. On appeal, the defendants contended that the hearing justice erred by granting the motion for summary judgment because the issue as to the adequacy of the notice given to the defendants constituted a genuine issue of material fact that should have precluded the hearing justice from granting summary judgment.<br><br>The Supreme Court concluded that the hearing justice erred in granting the plaintiff's motion for summary judgment because, read in its entirety, the promissory note set forth the procedures pursuant to which notice should be provided and the plaintiff failed to abide by those procedural requirements. Accordingly, the Court vacated the judgment appealed from and remanded the case to Superior Court for further proceedings.<br><br><br><br>