Appeal from the Judgment February 6, 2008 In the Court of Common Pleas of Westmoreland County Civil Division at No. 3376 of 2007.
The opinion of the court was delivered by: Bender, J.
BEFORE: BENDER, GANTMAN and POPOVICH, JJ.
¶ 1 Judy and Joseph Monroe appeal from the judgment entered on February 6, 2008, which resulted from the February 1, 2008 court order granting the motion for summary judgment in mortgage foreclosure filed by Wells Fargo Bank, N.A. The February 1, 2008 order also denied the Monroes' cross motion for summary judgment. We affirm.
¶ 2 The trial court set forth the following recitation of the facts and procedural history that led up to this appeal:
The Defendants are husband and wife. They obtained the current note and mortgage upon the premises located at 601 Sand Hill Road, Mt. Pleasant, PA 15666 on July 23, 2004 when they refinanced their prior obligation with Ameriquest Mortgage Company. The mortgage is currently held by Plaintiff. The original mortgage payment was $1,362.73 per month. The Defendants paid on this obligation through the mortgage Servicer, Countrywide Home Loans (hereinafter "Countrywide"), until October 2006. At that time the mortgage payment adjusted to $2,333.62 due to the expiration of the rate lock and the addition of an escrow to the payment.
After Defendants were unable to pay the mortgage for two months Countrywide mailed to the Defendants a Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance (hereinafter "Act 91 Notice") on December 1, 2006. After the thirty-day Act 91 window expired, Plaintiff filed suit in mortgage foreclosure against the Defendants on May 1, 2007. Defendants filed an Answer with New Matter on May 31, 2007. Plaintiff filed a Motion for Summary Judgment on September 12, 2007, and on October 10, 2007, Defendants filed their Response to Plaintiff's Motion for Summary Judgment as well as a Cross Motion for Summary Judgment. Additionally, Defendants filed a Motion for Leave to Amend Answer.
Trial Court Opinion (T.C.O.), 2/1/08, at 1-2. In addition, the trial court discussed the Monroes' allegation that the Act 91 Notice was deficient, stating:
As to the alleged deficient Act 91 Notice, although compliance with Act 91 is a prerequisite to any mortgage foreclosure action, the simple fact is [the Monroes] were provided with an Act 91 Notice and they met with a consumer counseling agency. They then applied for mortgage assistance with the Pennsylvania Housing Finance Agency within the thirty-day period prescribed by the Act and their application was denied by the Agency. This decision was appealed by [the Monroes], a hearing was held, and the decision denying assistance was affirmed. Thus, the [Monroes] fully exercised their rights afforded them under Act 91.
¶ 3 As noted above, the court granted Wells Fargo's motion for summary judgment in mortgage foreclosure with damages assessed against the Monroes in the amount of $212,352.09 plus interest and for the foreclosure and sale of the mortgaged premises. Thereafter, Wells Fargo praeciped for the entry of judgment, and judgment was entered on February 6, 2008.
¶ 4 The Monroes now appeal to this Court, raising two issues for our review:
I. Whether the Trial Court erred by requiring the [Monroes] to show the occurrence of prejudice as the result of their receipt of a defective Act 91 Notice from [Wells Fargo?]
II. Assuming arguendo [that] the [Monroes] were required to show prejudice, did the Court err in granting Summary Judgment instead of requiring the ...