Bank of America, N.A. v. Land

Bank filed foreclosure action and properly granted bank's motion for summary judgment, relying on bank's calculations of mortgage loan balance, as homeowners did not submit counteraffidavit contradicting bank's affidavit. Homeowners lacked standing to make speculative argument that PMI might have reduced their loan balance, and waived their objection to award of attorney fees and costs as they failed to request a hearing and were on notice that court might award attorney fees and costs as part of its final judgment but did not object. (SPOMER and STEWART, concurring.)