Legal Opinion

Lowery v. Wells Fargo Home Mortgage

Court of Civil Appeals of Alabama

Decided April 3, 2015No. 2131060Published

1Opinion of the Court

MOORE, Judge.

Etta Lowery appeals from a judgment on the pleadings entered in favor of Wells Fargo Home Mortgage, a subsidiary of Wells Fargo Bank, N.A. (“Wells Fargo”), by the Shelby Circuit Court (“the trial court”) on June 10, 2014. We reverse and remand.

Procedural History

On March 10, 2014, Lowery filed a complaint against Wells Fargo alleging, among other things, that she had taken out a loan with Wells Fargo that was secured by a mortgage on certain real property owned by Lowery, that certain pages of her mortgage-loan documents had been notarized by a person with whom Lowery had never…

2Cases cited5 opinions

  1. Sims v. LewisSupreme Court of Alabama · 1979
  2. Thomas v. DavisSupreme Court of Alabama · 1941
  3. Poston v. SmithCourt of Civil Appeals of Alabama · 1995
  4. Robinson v. Sovran Acquisition Ltd. PartnershipCourt of Civil Appeals of Alabama · 2011
  5. Union Planters v. People of New YorkSupreme Court of Alabama · 2008

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