Freiday v. OneWest Bank, FSB

Ann Freiday appéals from a final summary judgment of foreclosure. We find that the trial court erred in granting summary judgment because there remains a genuine issue of material fact as to whether OneWest complied with conditions precedent to foreclosure.

In June of 2012, OneWest filed a verified foreclosure complaint against Freiday. As a part of this complaint, OneWest stated that “[a]ll conditions precedent to the acceleration of the note and foreclosure of the mortgage have occurred or have been performed, waived or excused.” OneWest later filed a motion for summary judgment, with an…