Court rules against Wells Fargo in Boca foreclosure case

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.”

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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