AC37896 - Bank of America,
N.A. v. Aubut ("In this residential foreclosure action, the defendants,
David Aubut and Karen Aubut, appeal following the trial court’s judgment of
strict foreclosure rendered in favor of the substitute plaintiff, Nationstar
Mortgage, LLC. On appeal, the defendants claim that the court erred in rendering
summary judgment as to liability only in favor of the substitute plaintiff
because: (1) the court improperly concluded that there was no genuine issue of
material fact as to whether Karen Aubut was provided with preacceleration notice
of default in the manner required by the terms of the mortgage; (2) the court
improperly accepted an affidavit submitted in support of the substitute
plaintiff’s motion for summary judgment; and (3) the court improperly concluded
as a matter of law that the defendants could not prevail with respect to their
special defenses. We agree, in part, with the defendants’ third claim.
Accordingly, we reverse the judgment of the trial court.")