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Zhong v. PNC Bank NA

The trial court erred in granting summary judgment to the defendants based on the erroneous legal theory that a plaintiff in a wrongful foreclosure action may only recover her lost equity in the property.

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Fei Zhong appeals the grant of summary judgment to PNC Bank, N.A. and Wells Fargo Bank, N.A. in this action arising from the foreclosure of a property. Zhong argues that the trial court erred by granting summary judgment to PNC on the basis of an argument it never raised; that the trial court erred by allowing Wells Fargo to contest liability, even though it was in default; that the trial court erred by entering a final judgment in the defendants’ favor without addressing her claims for breach of contract and negligence; and that the trial court erred by granting summary judgment on the ground that Zhong could seek as damages only the equity in her property, but she had no equity. We agree with Zhong that the trial court erred by granting the defendants summary judgment on the ground that Zhong had no equity in the property. We therefore reverse the grant of the defendants’ motions for summary judgment and remand for further proceedings. Accordingly, we do not reach Zhong’s other claims of error.

1. Facts.

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