Legal Opinion
Wells Fargo Bank, N.A. v. Williamson
District Court of Appeal of Florida
Decided July 13, 2016No. 4D15-286PublishedCited by 4 opinions
1Opinion of the CourtMay, J.
The bank appeals an order granting a motion to dismiss and entering final judgment for the borrower. The bank argues the trial court erred in three ways: (1) dismissing the complaint based on the doctrine of unclean hands; (2) finding the bank knew or should have known of the original lender’s bad acts; and (3) precluding the bank’s ability to pursue an action on the note. We agree and reverse.
The bank filed a one-count complaint to foreclose the mortgage after the borrower defaulted on the loan. The borrower answered and asserted affirmative defenses, including the original lender committed…
2Cases cited8 opinions
- Allied Van Lines, Inc. v. BrattonSupreme Court of Florida · 1977
- Acoustic Innovations, Inc. v. SchaferDistrict Court of Appeal of Florida · 2008
- Vidal v. Liquidation Properties, Inc.District Court of Appeal of Florida · 2013
- Shahar v. Green Tree Servicing LLCDistrict Court of Appeal of Florida · 2013
- Grier v. MHC REALTY CORPORATIONDistrict Court of Appeal of Florida · 1973
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Katya Hutton v. Michael L. Dykes and J. Christopher Dykes, as Co-Personal Representatives of the Estate of Robert P. DykesWyoming Supreme Court · 2025
- PNC Bank, National Ass'n v. SmithDistrict Court of Appeal of Florida · 2017
- LESLIE D. MCMICHAEL a/k/a LESLIE MCMICHAEL v. DEUTSCHE BANK NATIONAL TRUSTDistrict Court of Appeal of Florida · 2018
- South Dade Dealership, LLC D/B/A South Dade Toyota v. Line 5 LLC and Carx Depot, LLCDistrict Court of Appeal of Florida · 2026