Roach v. Totalbank

Personal guarantors appeal a summary final judgment of foreclosure and recovery on the personal guarantees. They argue the trial court erred in striking their affirmative defenses of lack of personal jurisdiction and improper service, and in granting summary judgment on the foreclosure, as genuine issues of material fact remained unresolved. We affirm in part and reverse in part.

The borrower executed and delivered a promissory note and mortgage to the lender, encumbering both realty and personalty. The note specified a maturity date nearly eighteen months later. It also contained an option to…