Huber v. Wells Fargo Home Mortgage, Inc.

PER CURIAM. 1

Introduction

Scott and Stephanie Huber executed a deed of trust in favor of Franklin American Mortgage Company. Wells Fargo Home Mortgage, Inc., subsequently serviced the loan. All payments were made, and a deed of release was recorded on February 23, 2004. Approximately two weeks later, the Hubers sent a demand to Wells Fargo that it deliver to them a deed of release. Wells Fargo did not deliver a deed of release to the Hubers, but advised the Hubers that the release had been recorded.

The Hubers filed this suit under section 443.130 2 seeking the statutory penalty and other…