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Must determine whether . . . O "Plaintiff's Exhibit 2 – Affidavit of Amounts Due and Owing" o "Defendant's Response to Plaintiff's Motion for Summary Judgment".In opposition to the Bank's summary judgment motion, the. Klomstens submitted an affidavit in which Steven Klomsten describes his dealings. The plaintiff responded with a Rule 56. Civil Procedure granting it summary judgment as requested herein. Opposition to a motion for summary judgment are subject to the same notice requirements. In favor of the mortgagee assignee in a mortgage foreclosure action. AFFIRMED. In a foreclosure lawsuit the lender must file affidavits of the damages owed.