The Real Deal Miami

Court rules against Wells Fargo in Boca foreclosure case

The bank failed to provide a legal description of the property

November 13, 2014 04:30PM

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Fourth District Court of Appeal

Fourth District Court of Appeal

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

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