This decision involved an appeal from a trial court order which granted a defendant’s motion to dismiss the complaint.

On March 13, 2006, the plaintiff’s decedent had executed a reverse mortgage “encumbering his single-family home.” The reverse mortgage “was designed to allow the elderly homeowner to borrow money against the accumulated equity in his home, provided that the outstanding loan balance needed to be repaid upon the occurrence of a triggering event, one of which was the death of the borrower….” The plaintiff’s decedent died on March 18, 2008.