Legal Opinion
Laura T. Hepworth and Michael E. Hepworth v. Wells Fargo Bank, N.A., etc.
District Court of Appeal of Florida
Decided December 9, 2015No. 4D13-4056PublishedCited by 2 opinions
1Opinion of the CourtMay, J.
Borrowers appeal a final judgment of foreclosure. They argue Wells Fargo’s witness was unqualified to testify concerning business records. We disagree and affirm on this issue. The borrowers next argue Wells Fargo lacked standing. We agree with the borrowers on the standing issue and reverse.
The borrowers executed a note and mortgage with Homefield Financial, Inc. (“Homefield”) on October 4, 2005. The borrowers failed to make their monthly payment and in May 2009, Wells Fargo filed a two-count complaint seeking to foreclose on the mortgage and reestablish the lost note. Wells Fargo alleged…
2Cases cited11 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Kiefert v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2014
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
- Donna Murray and Marc Murray v. HSBC Bank USADistrict Court of Appeal of Florida · 2015
- Alva Sosa and Alex Amador v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2014
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3Cited by2 opinions
- Susan Elman and Bruce Elman v. U.S. Bank, N.A.District Court of Appeal of Florida · 2016
- Wells Fargo Bank, N.A. v. RussellDistrict Court of Appeal of Florida · 2016