Suarez v. Wells Fargo Bank, N.A.

Appellants, Danna and Rolando.Suarez, appeal the final summary judgment of mortgage foreclosure entered in favor of Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC5 Asset-Backed Pass-Through Certificates (“Wells Fargo”). In pertinent part, Appellants argue that the court erred in entering summary final judgment because Wells Fargo failed to negate their affirmative defense that Wells Fargo did not satisfy the notice requirement of paragraph 22 of the mortgage. We agree and reverse.

Wells Fargo filed a one count mortgage foreclosure complaint against…