Justice Thomas Whelan


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In this action to foreclose a mortgage, the court previously found Wells Fargo Bank entitled to an accelerated judgment against Maria Zelaya, and appointed a referee to compute sums due. Bank now moved to confirm the referee’s report, and leave to enter a judgment of foreclosure and sale of the property. Zelaya opposed arguing she lacked sufficient notice of the referee’s hearing as bank sent notice to her attorney at an improper address. She also claimed documentary evidence the referee used in making calculations was inadmissible. The court found bank’s submissions established its entitlement to a judgment of foreclosure and sale, noting it was not bound by same, but a referee’s report should be confirmed if the findings were substantially supported by the record. It stated the referee submitted ample evidence to support amounts due bank, including business records produced by bank, but also documents and other sources used to base his findings the mortgaged premises should be sold in one parcel. The court rejected Zelaya’s claims she lacked proper notice of the referee’s hearing, and found unpersuasive her claims evidence relied upon was inadmissible. Also, the referee was not required to conduct a hearing before issuing the report. Thus, bank’s motion was granted.