Investors Bank v. Torres

MOYNIHAN, J.A.D.

*56Defendant Javier Torres appeals from a final judgment of foreclosure entered following his February 1, 2010 default on a $650,000 promissory note; the note, alleged by plaintiff Investors Bank to be lost, was secured by a mortgage on defendant's home. We are unpersuaded by defendant's arguments that the motion judge: (1) misapplied the summary judgment standard;1 (2) erred by failing to *689properly apply N.J.S.A. 12A:3-309 when considering the lost note issue - and accord the statute a textualist interpretation - and by inferring facts in favor of the party moving for summary…