Kurian v. Wells Fargo Bank, National Ass'n

On Motion for Rehearing

MAY, C.J.

The bank has filed a motion for rehearing. We deny the motion for rehearing, but withdraw our previously issued opinion and replace it with the following.

Homeowners appeal a Final Summary Judgment of Foreclosure. They argue the trial court erred in entering summary judgment because the bank failed to refute their affirmative defenses. We agree and reverse.

The homeowners executed a note and mortgage with the bank. Section 22 of the mortgage — titled “Acceleration; Remedies” — stated, in pertinent part:

Lender shall give notice to Borrower prior to acceleration…