Wells Fargo Bank, N.A. v. Aristo Mortgage, LLC

Wells Fargo Bank, N.A., appeals an order denying its motion to vacate a judgment disbursing approximately $176,000 in surplus funds from a foreclosure sale to Aristo Mortgage, LLC, the appellee. Wells Fargo and Aristo were defendants in the foreclosure action by virtue of second and third mortgage hens, respectively.

The complaint and Wells Fargo’s post-sale motion for disbursement of the excess proceeds established the priority of Wells Fargo’s hen over the hen claimed by Aris-to, and there was no issue below or here regarding that priority. Nonetheless, in its own post-sale motion for the…