Thomas v. OCWEN LOAN SERVICING, LLC
District Court of Appeal of Florida · 2012-04-17 · cited 2×
This case involved Ocwen Loan Servicing seeking foreclosure on Annie J. Thomas's residential real property after Thomas raised twenty-three affirmative defenses. The trial court granted summary judgment to Ocwen, but Thomas appealed. The appellate court reversed the summary judgment, holding that a plaintiff moving for summary judgment must factually refute all affirmative defenses or establish that they are legally insufficient. The opinion noted that the record did not show whether Ocwen had met this requirement, so the final judgment was vacated and the case remanded for further proceedings.