Wells Fargo Bank, N.A. v. Russell

Wells Fargo Bank, N.A., appeals a final summary judgment in favor of the mortgagors/appellees, Scott and Marilyn Russell, and an order awarding the Russells their attorney’s fees incurred in the underlying residential foreclosure action. We reverse as to each of these rulings, and we remand the case for further proceedings.

I. Facts and Procedural Background

In this otherwise-routine foreclosure, post-filing transactions involving a mortgage left a trail difficult for the special magistrate and trial judge to interpret. In the , original 2007 complaint, Wells Fargo alleged that it was the…