Barr v. Goldome Realty Credit Corp.

Summary

The Alaska Supreme Court reverses a partial summary judgment granted to NationsBanc Mortgage Corporation in a foreclosure-related possession and damages action. The court holds that genuine issues of material fact remained regarding whether the borrower’s loan was current and whether an escrow surplus could have been applied to cure the alleged default. The court also reverses dismissal of the borrower’s counterclaim, vacates the superior court’s findings and conclusions, and remands for further proceedings.

Holdings

1. Summary judgment was improper because genuine issues of material fact remained regarding whether Barr's loan was current and whether an escrow surplus existed that could have been applied to her monthly payment obligations.
2. For purposes of summary judgment, the accountant's affidavit was admissible evidence because the record did not establish that the documents she relied on were so unreliable that an expert could not reasonably rely on them.
3. Dismissal of Barr's counterclaim was improper because Nationsbane did not conclusively disprove the existence of an escrow surplus or establish that the foreclosure was proper.
4. The superior court's findings of fact and conclusions of law were vacated because they addressed issues affected by genuine factual disputes.

Questions Presented

1. Whether summary judgment was proper when affidavits created a genuine dispute regarding whether Barr's loan was current and whether an escrow surplus existed that could have been applied to her payment obligations.
2. Whether the evidence relied on by Barr's accounting expert was sufficiently reliable for purposes of opposing summary judgment, even though the underlying documents were not themselves shown to be admissible.
3. Whether dismissal of Barr's counterclaim for foreclosure-related damages was proper when the validity of the foreclosure depended on disputed facts concerning the escrow surplus and the loan's payment status.
4. Whether the superior court's findings of fact and conclusions of law should be vacated because they addressed issues remaining in genuine factual dispute.

Disposition

reversed_and_remanded