Resolution Trust Corp. v. Independent Mortgage Services, Inc.

OPINION

HARVEY A. HOLTAN, Judge. *

This appeal arises from a “paper trial,” involving the foreclosure of a mortgage originally held by Duval Federal Savings & Loan. The parties agreed that the determinative issue before the trial court was the validity of a note, mortgage, and assignment executed by Independent Mortgage Services.

Both parties moved for summary judgment, but the matter proceeded as a bench trial, based solely on documents, affidavits, and written arguments of counsel. On appeal, Independent Mortgage Services and Brookside Professional Buildings Association challenge the trial…