Judy v. MSMC Venture, LLC

CRENSHAW, Judge.

Thomas Judy, Jill Densmore Judy, and State Trustee Services, LLC, (collectively referred to as the Judys) appeal a final judgment of mortgage foreclosure entered against them in favor of MSMC Venture, LLC. Because MSMC failed to conclusively refute the Judys’ affirmative defense that they were not given proper notice of default as required by the mortgages at issue, we conclude that the trial court erred by entering summary judgment in favor of MSMC. Accordingly, we reverse and remand for further proceedings.

In May 2006, the Judys executed and delivered two promissory notes…