Bank of New York Mellon v. Helen E. Chamberlain

This appeal arises from a detainer action filed by a bank following a foreclosure sale.  The defendant borrower filed a counterclaim for “Wrongful Foreclosure – Breach of Contract,” alleging that the plaintiff bank breached the deed of trust by failing to provide proper notice prior to acceleration.  The trial court originally granted summary judgment in favor of the plaintiff bank, finding that notice was properly sent, but this Court reversed, concluding that genuine issues of material fact existed such that summary judgment could not be awarded to either party.  On remand, the trial court permitted both parties to amend their answers.  The plaintiff bank then asserted res judicata based on a prior lawsuit in federal court and moved for summary judgment on that basis.  The trial court ultimately granted the plaintiff bank summary judgment, concluding that the defendant’s argument regarding lack of notice either was raised or should have been raised in her prior action in federal court in which she attempted to halt the foreclosure.  The defendant appeals.  We affirm and remand for further proceedings.