Bank of New York Mellon v. Pearson

In this appeal and cross-appeal from a final judgment in a residential mortgage foreclosure case, the appellant (“Bank”) appeals: the involuntary dismissal of its foreclosure action with prejudice; the trial court’s unsolicited ruling that the action would be amended to constitute a suit on the companion promissory note; the cancellation of the note; and the entry of judgment on the note against the borrower/appellee, Theresa Pearson. Ms. Pearson’s husband, Ronald Pearson, filed a notice of cross-appeal from the same final judgment.

In the main appeal, we reverse the final judgment and remand…