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Salas v. JP Morgan Chase Bank NA

The trial court erred in granting summary judgment to the defendant bank on its counterclaim for declaratory judgment in the plaintiffs' suit seeking to stop foreclosure proceedings, because the failure to join an indispensable party prevented him from presenting any argument to protect his interest in the property.

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Maria Molina Salas and Ignacio Molina Salas1 as trustee of the Salas Family Trust collectively, the Plaintiffs filed suit against, inter alia, JP Morgan Chase Bank, N. A. Chase Bank and the Federal National Mortgage Association Fannie Mae seeking to stop foreclosure proceedings initiated against Maria’s property. Chase Bank then filed an answer and counterclaimed for judgment under a promissory note, reformation of a security deed, and declaratory judgment or, in the alternative, equitable subrogation. Fannie Mae also filed an answer. Chase Bank and Fannie Mae moved for summary judgment on all of the Plaintiffs’ claims and on the pending counterclaims. After a hearing, the trial court granted summary judgment to Chase Bank and Fannie Mae on all of the Plaintiff’s claims. The trial court also entered judgment in favor of Chase Bank on each of its counterclaims.2

Plaintiffs appeal from the trial court’s grant of Chase Bank’s counterclaims, arguing that the trial court erred in considering an affidavit that the Plaintiffs contend was inadmissable and in granting summary judgment on Chase Bank’s counterclaims for reformation and declaratory judgment. Plaintiffs also allege that the trial court erred when it awarded a monetary judgment in favor of Chase Bank on the suit on a note counterclaim because allegedly there was no admissible evidence in support of its damage calculations or attorney fees related to this counterclaim.

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