Chevy Chase Savings & Loan Inc. v. Berkowitz

STONE, Judge.

Chevy Chase, the plaintiff in a mortgage foreclosure action, sought a deficiency judgment against the defendant, Berkow-itz. The trial court entered a summary final judgment of foreclosure which established, without dispute, that the plaintiff owned the notes and mortgages at issue. The summary judgment also provided that a judgment was not entered against Ber-kowitz due to the issues raised by his defenses.

After the summary judgment was entered, two remaining issues were tried before a jury. Those issues involved the value of the property and the defendant’s affirmative defense…