Bank of America, N.A. v. Edward Lukas a/k/a Edward J. Lucas

Bank of America, N.A. (“BANA”), appeals the denial of its motion to vacate the trial court’s dismissal of BANA’s foreclosure action against Edward Lukas a/k/a/ Edward J. Lucas (“Lukas”) with prejudice. We reverse.

In December of 2009, BANA filed a two count complaint against Lukas, alleging one count for mortgage foreclosure and one count for reestablishment of a lost note. 1 As an attachment to its complaint, BANA filed a copy of the note and mortgage, which identified Countrywide Bank, FSB as the original lender. The copy of the note attached to the complaint contained no endorsements. BANA…