Legal Opinion
Rigby v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
Decided April 4, 2012No. 4D10-3587PublishedCited by 30 opinions
1Opinion of the CourtStevenson, J.
This appeal stems from a complaint of foreclosure filed by the appellee, Wells Fargo Bank, N.A., as trustee (“Bank”), against the appellants David Rigby and Kathlyn Rigby. The trial court entered final summary judgment. Because Bank failed to meet its burden on summary judgment, we reverse.
The Bank filed its complaint on May 21, 2008, and attached a mortgage that named Option One Mortgage Corporation (“Option One”) as the lender. Subsequently, the Bank filed an assignment of mortgage, from Option One to Bank, dated May 22, 2008, as well as the undated original note containing a special…
2Cases cited4 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Servedio v. US Bank National Ass'nDistrict Court of Appeal of Florida · 2010
- Frost v. Regions BankDistrict Court of Appeal of Florida · 2009
- Venture Holdings & Acquisitions Group, LLC v. A.I.M. Funding Group, LLCDistrict Court of Appeal of Florida · 2011
3Cited by30 opinions
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Gorel v. Bank of New York MellonDistrict Court of Appeal of Florida · 2015
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
- Shawn Boyd v. Wells Fargo BankDistrict Court of Appeal of Florida · 2014
- Craig D. Lamb v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015
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