Legal Opinion
Zervas v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
Decided July 18, 2012No. 2D11-750PublishedCited by 2 opinions
1Opinion of the Court
WHATLEY, Judge.
Anastasios and Dina Zervas appeal a final judgment of foreclosure entered in favor of Wells Fargo Bank, N.A., as trustee for the MLMI Trust Series 2005-FM1. We reverse because Wells Fargo did not establish that no answer which the Zervas-es might file could present a genuine issue of fact.
On October 6, 2009, Wells Fargo filed a mortgage foreclosure complaint against the Zervases when they stopped making their monthly mortgage payments in June 2009. Seeking additional time to obtain a mortgage loan modification, on November 9, 2009, the Zervases filed a motion to stay time for…
2Cases cited5 opinions
- BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-JacquesDistrict Court of Appeal of Florida · 2010
- Konsulian v. Busey Bank, N.A. ex rel. Acquisition of Tarpon Coast National BankDistrict Court of Appeal of Florida · 2011
- Goncharuk v. HSBC Mortgage Services, Inc.District Court of Appeal of Florida · 2011
- Howell v. ED BEBB, INC.District Court of Appeal of Florida · 2010
- Sandoro v. HSBC BankDistrict Court of Appeal of Florida · 2011
3Cited by2 opinions
- Dominko v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
- Freiday v. OneWest Bank, FSBDistrict Court of Appeal of Florida · 2014