In re Foreclosure of Real Property Under Deed of Trust from Young

McCullough, Judge.

Wells Fargo Bank, N.A. (“Wells Fargo” or “petitioner”) appeals from an order of the trial court denying its petition to exercise its power of sale after finding that petitioner was barred from foreclosing by the doctrine of equitable estoppel. Because the trial court exceeded its jurisdiction in this special proceeding by considering respondents’ equitable defense, we vacate the trial court’s order and remand the case to the trial court for further proceedings consistent with this opinion.

*503I. Background

On 28 September 2007, Tony Ray Young, Jr., executed a Note in the amount…