McNeely v. Wells Fargo Bank, N.A.

MEMORANDUM OPINION & ORDER

JOSEPH R. GOODWIN, District Judge.

Pending before the court is defendants’ Motion for Summary Judgment [Docket 48]. The Motion, having been fully briefed by the parties, is now ripe for review. Based on the reasoning set forth below, the Motion is GRANTED in part and DENIED in part.

I. Background

In November 2006, the plaintiffs, Lisa and Michael McNeely, purchased a home using two home-secured mortgages, each governed by a Deed of Trust and held by Defendant Wells' Fargo. (Am. Compl. [Docket 37] ¶¶ 3, 5). Ms. McNeely is the borrower listed on both of the mortgages.…