Credit Union 1 v. Carrasco

Plaintiff filed foreclosure action as to single family home. Defendant produced a certification stating that she did not receive an acceleration notice. Plaintiff failed to provide any evidence that would entitle it to a presumption that it had mailed an acceleration notice to Defendant. Question of fact exists as to whether Plaintiff properly provided notice as required under the mortgage, and thus summary judgment and order approving sale should not have been granted. (BURKE and McBRIDE, concurring.)