Thomas v. OCWEN LOAN SERVICING, LLC

The issue in this case is whether Ocwen Loan Servicing, LLC, which seeks to foreclose on the residential real property of Annie J. Thomas, is required to affirmatively refute Thomas’s affirmative defenses to be entitled to summary judgment. We hold that it must and reverse. ,

It is a well-worn principle that entitlement to summary judgment requires a plaintiff-movant to refute factually all affirmative defenses or show they are legally insufficient. See Chen v. Whitney Nat’l Bank, 65 So.Sd 1170, 1172 (Fla. 1st DCA 2011) (“The party moving for summary judgment must factually refute or disprove…