One West Bank, F.S.B. v. Charlotte Kramer et al. (2014)

MEMORANDUM OF DECISION

The plaintiff, One West Bank, F.S.B., claims that the defendant, Charlotte Kramer entered in reverse mortgage, a condition of which obligated the defendant, Charlotte Kramer to pay all real estate taxes which became due and that the defendant Charlotte Kramer failed to pay certain real estate taxes which became due.   The defendant Charlotte Kramer by her answer disagrees with this claim.

The Court has very carefully reviewed the plaintiff's motion for summary judgment as to liability, together with the supporting memorandum, affidavit and supplemental affidavit in support of motion for summary judgment.

The court has also very carefully reviewed the objection to the plaintiff's motion for summary judgment filed by the defendant, Charlotte Kramer together with all accompanying documents and claims.

This court notes with emphasis that Charlotte Kramer signed a Tax and Insurance Disclosure incident to the closing of said reverse mortgage obligating her to pay all real estate taxes as they become due.   The affidavits submitted by the plaintiff affirm that the defendant, Charlotte Kramer did not pay real estate takes due on her real estate.

Therefore, this court finds based on the credible evidence, there is no genuine issue of material fact and grants the plaintiff's motion for summary judgment as to liability only.

The objection to the motion for summary judgment filed by Charlotte Kramer is overruled.

JOHN W. MORAN, JUDGE TRIAL REFEREE

Moran, John W., J.T.R.