In re the Foreclosure of a Deed of Trust Executed by Webb

DILLON, Judge.

Because the trial court erroneously found that U.S. Bank (“Petitioner”) was not a party to the action and improperly ordered the case dismissed without prejudice, we reverse the order and remand the case to the trial court, holding that U.S. Bank is a real party in interest to this action.

*68I: Facts and Procedural History

On 6 January 2006, Burl Webb, Jr., (“Borrower”) executed a promissory note (“the Note”) in the amount of $400,000, payable originally to Wells Fargo Bank, N.A., in order to finance the purchase of a home (“the subject property”). The Note was secured by a Dead of…