Sunset Mortgage v. Agolio

Opinion

LAVERY, J.

The defendant, Alfonso Agolio, appeals from the trial court’s judgment of strict foreclosure rendered after the court granted the motion for summary judgment as to liability only filed by the substitute plaintiff, the Bank of New York. The defendant claims that equities should balance in his favor and that the court improperly determined that the notice of default was not defective, and, therefore, his motion for summary judgment, and not the plaintiffs, should have been granted. We affirm the judgment of the trial court.

The following facts and procedural history are relevant…