LSF8 Master Participation Trust v. Tanana

NEALON, J.,

An assignee mortgagee has filed a motion for summary judgment in this mortgage foreclosure proceeding, and seeks an in rem judgment against the borrowers for principal balance, accrued interest, insurance, taxes, counsel fees and expenses allegedly due under the mortgage. The assignee contends that the borrowers’ averments in their responsive pleading are mere general denials under Pa.R.C.P. 1029(b) and constitute binding admissions that the borrowers are in default and owe the amounts claimed. The assignee alternatively argues that the affidavit of the mortgage service’s “default…