Kennedy v. Wells Fargo Home Mortgage

THOMPSON, Judge.

On December 17, 2001, Wells Fargo Home Mortgage, Inc. (“Wells Fargo”), filed a complaint seeking to eject James Kennedy and Tammie Kennedy from certain real property it contended that it owned. James Kennedy filed an answer and denied the material allegations in Wells Fargo’s complaint. The record indicates that Tammie Kennedy was not served and that she made no appearance in this action; therefore, we refer to James Kennedy (“Kennedy”) as the sole defendant.

On February 6, 2002, Wells Fargo moved for a summary judgment; in support of its summary-judgment motion it submitted…