Poppler v. O'CONNOR

The two issues raised by plaintiff mortgagees on appeal from a judgment in a mortgage foreclosure action are whether the trial court applied the proper burden of proof in determining that defendant mortgagors established partial payment of the mortgage debt and whether, if plaintiffs prevail on that issue, attorneys fees are allowable to plaintiffs on appeal in addition to the attorneys fees already awarded plaintiffs by the trial court. Because the trial court may have incorrectly assumed that the burden of proof on defendants’ claim of partial payment rested upon plaintiffs, we remand but…