Deutsche Bank National Trust Co. v. De Brito

Deutsche Bank National Trust Company (“Bank”) appeals from a final order granting homeowner Maria de Brito’s (“Appel-lee”) motion for involuntary dismissal of the Bank’s complaint in foreclosure. We reverse.

In 2006, Appellee’s husband, Alfredo Brito, entered into an adjustable rate mortgage with a negative amortization provision. The Note provides that the Lender had the right to change the interest rate and that any deficiency would be added to the principal. Together with the Note, Mr. Brito and Appellee executed the mortgage. The payment history reflects that the amount of the monthly…