Legal Opinion
Madl v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
Decided December 29, 2017No. Case No. 5D16–53PublishedCited by 14 opinions
1Opinion of the CourtEdwards, J.
Joe and Melissa Madl appeal the final judgment of foreclosure entered in favor of Appellee, Wells Fargo Bank, N.A., as Trustee under the Pooling and Servicing Agreement Relating to Impac Secured Assets Corp, Mortgage Pass-Through Certificates, Series 2005-2. Appellants correctly assert that Wells Fargo failed to prove that it had standing and that it gave Appellants the required notice of default. Accordingly, we reverse and remand for the trial court to enter an order of involuntary dismissal. We also grant Appellants' motion for appellate attorney's fees.
Melissa Madl executed a note and…
2Cases cited17 opinions
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- Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Nationstar Mortgage LLC v. GlassDistrict Court of Appeal of Florida · 2017
- Bank of New York Mellon Trust Co. v. FitzgeraldDistrict Court of Appeal of Florida · 2017
- Bolous v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2016
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3Cited by14 opinions
- DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE RALI 2006-QS6 v. TERRI P. PAGEDistrict Court of Appeal of Florida · 2019
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- Vitaliy v. Wells Fargo BankDistrict Court of Appeal of Florida · 2018
- ALLEN HARRIS v. THE BANK OF NEW YORK MELLONDistrict Court of Appeal of Florida · 2018
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