Frost v. Regions Bank

The circuit court entered a final summary judgment of foreclosure against the defendants below, Sherry and Jerry Frost. The Frosts appeal, arguing the plaintiff, Regions Bank, did not negate the Frosts’ affirmative defense that the bank did not provide notice of the alleged default and a reasonable opportunity to cure. We agree and reverse.

The bank filed a mortgage foreclosure action against the Frosts. The Frosts’ answer asserted, among other defenses, that the bank failed to satisfy the condition precedent of providing notice of the alleged default and a reasonable opportunity to cure. For…