JPMorgan Chase Bank, Nat'l Ass'n v. Lakner
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In this action to foreclose on a mortgage on Defendant's real property, the Supreme Court reversed the judgment of the appellate court upholding the decision of the trial court to grant a motion for a protective order regarding the production of MTGLQ Investors, L.P.'s mortgage file, holding that the trial court erred in granting the protective order.
Defendant executed a promissory note that was secured by a mortgage deed on Defendant's residential property. JPMorgan Chase Bank filed the present foreclosure action alleging that Defendant was in default. MTGLQ was subsequently substituted for JPMorgan. When Defendant sought production of MTGLQ's mortgage file relating to the mortgage note and deed at issue in this case and other documents MTGLP moved for a protective order, which the trial court granted to prevent the improper use of discovery. The trial court rendered judgment of foreclosure by sale in favor of MTGLQ. The appellate court affirmed. The Supreme Court reversed, holding that the trial court abused its discretion in granting MTGLQ's motion for a protective order, and Defendant established that he was harmed by the granting of the motion for a protective order.
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