Gonzalez v. NAFH National Bank

WELLS, Chief Judge.

Silvana Gonzalez appeals from a summary final judgment of foreclosure claiming that the court below erred in striking her sole affirmative defense which would have precluded entry of judgment against her. We affirm in part and reverse in part for the reasons that follow.

This is an action to foreclose a mortgage and to collect on a promissory note, both of which admittedly were executed by Silvana Gonzalez and her husband, Vladimir. After the Gonzalez’s initial affirmative defenses were stricken (and are not at issue here), Silvana filed a single defense claiming that NAFH…