With respect to Wilson's statement that a mortgage would be released upon payment of only principal and interest, plaintiff pointed out that such an assertion was not made in the payoff letter and that defendant included the charges in the amount necessary to pay the account in full. Defendant filed a reply in which it argued that Wilson's affidavit was uncontroverted and refuted the allegations of the complaint. Defendant argued that plaintiff was not charged for the release of her mortgage. In support, defendant filed a supplemental affidavit of Rick Wilson. In the affidavit, Wilson states that a customer may find out an account balance by speaking to a customer service agent, by using defendant's automated balance service, by referring to the quarterly report that summarizes the account status, or by requesting an account statement.
Defendant only charges borrowers who request an account statement.
Wilson further stated that plaintiff's note required her to make payments to defendant's California office. Following a hearing, the court entered summary judgment for defendant, and plaintiff timely appealed. Plaintiff asks us to reverse the trial court's decision and enter summary judgment in her favor or, in the alternative, to reverse and remand the cause for further proceedings. The purpose of summary judgment is not to try questions of fact, but to determine whether such questions exist. In determining whether a genuine issue of fact exists, the court must construe the evidence strictly against the moving party.