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OCWEN LOAN SERVICING, LLC v. ELLIOTT

No. 26796.

851 N.W.2d 727 (2014)

2014 S.D. 52

OCWEN LOAN SERVICING, LLC, Plaintiff and Appellee, v. Raymond D. ELLIOTT, Defendant and Appellant, and Joan L. Elliott and Any Person In Possession, Defendants, Raymond D. Elliott, Counterclaimant, Third-Party Plaintiff and Appellant, and Mortgage Electronic Registration Systems, Inc.; Homecomings Financial Network LLC f/k/a Homecomings Financial Network Inc.; Joan L. Elliott; and Federal Home Loan Mortgage Corporation d/b/a Freddie Mac, Third-Party Defendants.

Supreme Court of South Dakota.

Decided July 23, 2014.

Attorney(s) appearing for the Case

Jeffery D. Collins , Dana Van Beek Palmer , Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, South Dakota, Attorneys for plaintiff and appellee OCWEN Loan Servicing, LLC.

Brad J. Lee , Beardsley, Jensen & Von Wald, LLC, Rapid City, South Dakota, Attorneys for defendant, counterclaimant, third-party plaintiff and appellant Raymond D. Elliott.

SEVERSON, Justice.

[¶ 1.] Raymond Elliott defaulted on his mortgage. GMAC Mortgage (GMAC) sued to foreclose. The Seventh Judicial Circuit Court granted GMAC summary judgment on its right to foreclose. Elliott appeals. We affirm.

Background

[¶ 2.] On December 7, 2006, Elliott executed and delivered a promissory note (Note) to Homecomings Financial, LLC, for $340,800, plus interest, to purchase a residence. The Note provided that the lender...

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