AC38914 - U.S. Bank National Assn. v. Christophersen ("The defendant Bonnie L. Christophersen
appeals from the judgment of strict foreclosure, rendered
in favor of the plaintiff, US Bank National Association,
as Trustee of Maiden Lane Asset-Backed
Securities I Trust 2008-1. On appeal, the defendant
claims that (1) the plaintiff lacked standing to bring the
foreclosure action, (2) the court improperly failed to
consider the defendant’s concerns regarding the
amount of debt, (3) the court abused its discretion in
denying her motion for a continuance, and (4) the court
abused its discretion in ordering a judgment of strict
foreclosure rather than a foreclosure by sale. We affirm
in part and reverse in part the judgment of the trial court.")
AC39542 - Valley National Bank v. Private Transerve, LLC ("In this action seeking, inter alia, to
enforce a personal guarantee of a mortgage note, the
defendants John Tartaglia and Linda Tartaglia, against
whom summary judgment as to liability only was rendered,
appeal following a hearing in damages from the
court’s award of $967,467.59 in favor of the plaintiff,
Valley National Bank. On appeal, the defendants argue
that the court improperly (1) denied their motion to
dismiss the action, in which they alleged that the plaintiff
was not the owner of the debt at the time the action
was commenced and, thus, lacked standing to prosecute
the action; (2) granted summary judgment as to
liability only despite the defendants’ insistence that genuine
issues of material facts existed regarding the plaintiff’s
ownership of the debt; (3) permitted the plaintiff
to amend the complaint after summary judgment
despite the defendants’ contention that the amendment
added a new cause of action; and (4) made several
evidentiary rulings against the defendants at the hearing
in damages. We are not persuaded by the defendants’
claims and, accordingly, affirm the judgment of the
court.")