Deutsche Bank National Trust Co. v. Santiago

During the presentation of the first witness in this foreclosure action, the trial judge dismissed the case on her own initiative, based apparently on her conclusion that the bank would be unable to prove all of the facts necessary to support its claim. We find that this dismissal was premature in the facts of this case. Accordingly, we reverse.

Deutsche Bank National Trust Company, as trustee, brought a foreclosure suit against Janice Santiago and Rafael Segar-ra. The case proceeded to a bench trial. The bank’s first witness was Minerva Flowers, an employee of American Home Mortgage…