U.S. Bank National Ass'n v. Whyte

WELLS, Judge.

In this mortgage foreclosure action, U.S. Bank National Association, as Trustee for CSFB Heat 2006-6 (“U.S.Bank”), the plaintiff below, appeals from an order striking its pleadings and dismissing this case with prejudice for failure to comply with a discovery order. For the following reasons, we reverse.

Patrick Whyte allegedly defaulted on his home mortgage in May 2010 and has not made a payment thereon since. On September 1, 2010, as the holder of the original note and mortgage, U.S. Bank filed this foreclosure action against him seeking the $109,472.79 in principal then due and…