Legal Opinion

Wells Fargo Bank, N.A. v. Rutledge

District Court of Appeal of Florida

Decided October 10, 2014No. 2D13-3192PublishedCited by 4 opinions

1Opinion of the Court

SLEET, Judge.

Wells Fargo Bank, N.A., appeals the final summary judgment granting title to Calvin Rutledge and discharging Wells Fargo’s lis pendens against the underlying property in this foreclosure action. Because we agree that Wells Fargo was not barred from pursuing foreclosure in the circuit court by laches or equitable estop-pel and that material issues of fact remain as to the authenticity of Mary Dias’s signature on the note and mortgage, we reverse.

Facts

Wells Fargo filed a foreclosure action in circuit court against Bruce and Mary Dias and named their homeowners association, Harbor…

2Cases cited5 opinions

  1. Konsulian v. Busey Bank, N.A. ex rel. Acquisition of Tarpon Coast National BankDistrict Court of Appeal of Florida · 2011
  2. Garcia v. StewartDistrict Court of Appeal of Florida · 2005
  3. U.S. Bank National Ass'n. v. BevansDistrict Court of Appeal of Florida · 2014
  4. CITIMORTGAGE, INC. v. HenryDistrict Court of Appeal of Florida · 2009
  5. Palacios v. FLORIDA FUNDING TRUSTDistrict Court of Appeal of Florida · 2010

3Cited by4 opinions

  1. Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.District Court of Appeal of Florida · 2016
  2. Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.District Court of Appeal of Florida · 2015
  3. The Lionspaw Grand Neighborhood Owners’ Association, Inc. v. Ronald Earl Scherer, Sr., The International Residential Owners Association, Inc., and United States of AmericaDistrict Court, M.D. Florida · 2026
  4. Wilmington Savings Fund Society, FSB v. Business Law Group, P.A.District Court, M.D. Florida · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API