Jamie Rourk v. Bank of America National Association

Appellant Jamie Rourk appeals' from the district court’s grant of summary judgment against her on all claims stemming from Appellee Bank of America National Association’s (“BANA”) actions with respect to a mortgage it held on Rourk’s home. The district court held that Rourk’s failure to make any payment on her mortgage for over two years caused her default and put her into foreclosure. Because we agree that any damages stem from Rourk’s own default, we affirm. 1

Rourk argues that BANA was the first party to breach the note and deed when it failed to apply payments made during Rourk’s…