Legal Opinion
Lindsey v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
Decided February 27, 2013No. 1D12-2406PublishedCited by 8 opinions
1Opinion of the CourtWetherell, J.
James K. Lindsey appeals the final summary judgment entered in favor of Wells Fargo Bank in this mortgage foreclosure case. We reverse and remand for further proceedings because Wells Fargo failed to establish its standing to foreclose and, likewise, failed to refute Lindsey’s affirmative defense contesting Wells Fargo’s standing.
In March 2007, Lindsey executed and delivered a promissory note to Option One Mortgage. The note was secured by a mortgage on property owned by Lindsey in Duval County. Lindsey stopped making payments on the note in January 2009, and he was thereafter given due…
2Cases cited17 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Riggs v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2010
- Mazine v. M & I BankDistrict Court of Appeal of Florida · 2011
- BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-JacquesDistrict Court of Appeal of Florida · 2010
- Phadael v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2012
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3Cited by8 opinions
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Russell v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
- Mark Pennington v. Ocwen Loan Servicing, LLCDistrict Court of Appeal of Florida · 2014
- Gary S. Snyder and Jane Snyder v. JP Morgan Chase BankDistrict Court of Appeal of Florida · 2015
- Kyser v. Bank of America, N.A.District Court of Appeal of Florida · 2016
3 more not listed; retrieve them via the Exa API.