Wells Fargo Bank, N.A. v. Smith

PAUL C. WILSON, Judge.

William and Susan Smith lost their home in a foreclosure sale. When they failed to vacate, the foreclosure purchaser, Wells Fargo, sued for unlawful detainer. The circuit court granted summary judgment to Wells Fargo, and the Smiths appeal. The Smiths argue that, because section 534.210, RSMo,1 is unconstitutional, summary judgment was improper and the case should be remanded for consideration of their equitable defenses and counterclaims concerning the validity of Wells Fargo’s title. Section 534.210 is not unconstitutional and, because the Smiths failed to raise a…