Mott v. Lombard

DANA, Justice.

Raymond and Linda Lombard appeal the judgment entered in the Superior Court (York County, Fritzsche, J.) granting Mary E. Mott’s and Nancy L. Seith’s motion for a summary judgment and ordering the foreclosure and sale of real property sold to the Lombards over six years ago. The Lom-bards argue that the court erred in entering an order of foreclosure and sale while the deed, mortgage, and note were held in escrow and in dismissing their counterclaims. Because we agree that the Lombards’ negligent misrepresentation counterclaim is not barred, we vacate the judgment.

In June 1987…