The plaintiff, Vista Mortgage Capital Corporation, sought partial summary judgment for possession of mortgaged property against the defendants, Rachelle Adelle MacSweeney and her spouse Garrett Patrick MacSweeney.
The defendants argued the matter was not appropriate for summary judgment, that not all necessary parties were named, that the mortgage was invalid, and that the Farm Debt Mediation Act (FDMA) applied and had not been complied with.
The court found that summary judgment was appropriate, the correct parties were before the court, and the mortgage was valid.
However, the court held that the plaintiff failed to comply with the FDMA notice requirements before commencing proceedings, rendering the action a nullity.
The motion for summary judgment was dismissed and the claim struck, with no costs awarded.
