Citicorp Mortgage, Inc. v. Porto

In this action to foreclose a mortgage, the defendant, George Porto,1 appeals from the judgment of the trial court granting the plaintiffs motion for summary judgment. On appeal, the defendant claims that the trial court improperly concluded that the plaintiff had no duty to give notice of acceleration to the defendant prior to accelerating the debt. Although we agree with the defendant that the plaintiff had a duty to give notice of acceleration, we conclude that the plaintiff has complied with the notice requirements of the mortgage deed. We, therefore, affirm the judgment of the trial…