Spencer v. EMC Mortgage Corp.

Elizabeth Spencer appeals a final summary judgment of foreclosure entered against her in December 2010 based on defaults in payment which are alleged to have begun in July 1997, over thirteen years earlier. We reverse and remand the case with directions to enter a judgment dismissing the foreclosure case based on the lender’s failure to prosecute it, among other procedural and substantive deficiencies.1

Background

Ms. Spencer obtained a residential mortgage loan for $75,600 from United Companies Lending Corporation in August 1998. The contract interest rate was 13.5% per annum. The loan was to…