Wells Fargo Bank, N.A. v. Shauna Bilecki and Scott Bilecki

The. issue presented in this foreclosure case is whether the bank was required to prove, in opposition to a motion for summary judgment, that it complied with conditions precedent where, the- homeowners did not produce timely, competent evidence in support of their motion for summary judgment. In other words, the issue is who has the burden to prove the absence of any genuine issue of fact when moving for summary judgment. We find that the trial court improperly placed the burden of proof on the bank to produce evidence in opposition to the motion for summary judgment when it properly rested…