Bank of New York Mellon v. Bartelstein

Plaintiff, as trustee, filed a mortgage foreclosure complaint against the defendant. The defendant subsequently filed a motion for summary judgment, which the trial court granted, and plaintiff appealed. On appeal, plaintiff argued that the trial court erred because its default notice complied with the terms of the mortgage and the statute of limitations on the foreclosure complaint did not bar its claim. The plaintiff also appealed from the trial court’s granting of defendant’s petition for attorney fees and costs. The appellate court reversed and remanded, finding that the trial court erred when it granted defendant’s motion for summary judgment because the relation back doctrine applied to the facts of the case. The appellate court also vacated the trial court’s order granting attorney fees. (VAN TINE and McBRIDE, concurring)