Bank of New York Mellon v. Brooks

OPINION BY

FITZGERALD, J.:

Appellant, Richard H. Brooks, Jr., appeals from the order granting summary judgment in favor of Appellee, The Bank of New York Mellon, in this mortgage foreclosure action. Appellant argues that Appellee’s servicer failed to respond properly to Appellant’s loss mitigation application in violation of 12 C.F.R. § 1024.41(g) (“Regulation X”). We reverse the trial court’s order and remand for further proceedings.

*669The record provides the following. In March 2007, Appellant obtained a loan from Countrywide Home Loans, Inc. secured by a mortgage in favor of Mortgage Electronic…