Dallaire v. Bank of America, N.A.

BEASLEY, Judge.

Jacques and Femande Dallaire (Plaintiffs) appeal from the trial court’s entry of summary judgment in favor of Defendants. For the following reasons, we affirm in part and reverse and remand in part.

In 2005, Plaintiffs filed Chapter 7 bankruptcy to relieve their personal liability on their debts. Through the bankruptcy proceedings, Plaintiffs were relieved of their personal liability on three mortgage liens held by two lenders against Plaintiffs’ home. Defendant Bank of America held two of these liens: one, a deed of trust on a mortgage note in first priority status, in the…