The Fourth District Court of Appeal ruled against Wells Fargo Bank and in favor of a Boca Raton homeowner in a foreclosure case.
The mortgage the bank inherited from Countrywide did not include a legal description of the property, giving the borrower, William Sample, a valid defense, according to the Daily Business Review.
Sample’s attorney, Ronnie Dykes of Ronnie D. Dykes P.A. in Boca Raton, argued that a trial court’s judgment in the bank’s favor was a mistake because “Wells Fargo did not overcome his 14 affirmative defenses.”
However, only one defense of the missing legal description held up on appeal.
“While we disagree with him [on] about 13 of them, we do agree that one of the affirmative defenses precluded the entry of summary judgment,” Judge Melanie May wrote. [Daily Business Review] – Christopher Cameron