v. A beneficial. , as the Trustee into Certificateholders of Soundview Financial Faith 2007Opt1 , Julie Ann MacDonald Not familiar, Partner out-of Julie Ann MacDonald ; Condition Creek V111 Property owners Connection, Inc. ; Unknown Individual(s) for the Palms of Topic Property , Appellees .

James K. I reverse and you can remand for further process as the Wells Fargo were unsuccessful to ascertain their updates so you can foreclose and, as well, don’t refute Lindsey’s affirmative safeguards contesting Wells Fargo is why status.

For the , Lindsey executed and you may brought a promissory note so you’re able to Option One Home loan. The new note are safeguarded because of the home financing on property owned by Lindsey from inside the Duval County . Lindsey averted and come up with repayments towards note from inside the , and then he is actually afterwards considering due note that he was inside default with the their debt according to the note.

WELLS FARGO Financial, N

Towards , Wells Fargo recorded a complaint to foreclose the mortgage where they alleged that it possesses and you can holds the brand new Note and you can Home loan or is a guy entitled to demand brand new Mention. The newest backup of one’s mention and mortgage linked to the problem named Choice That while the bank and mortgagee. Wells Fargo subsequently recorded the original note toward legal with each other having a task from Mortgage dated , showing the fresh transfer of your own financial out of Alternative That Wells Fargo productive . The fresh new Assignment regarding Home loan failed to purport so you’re able to transfer brand new notice, plus the original mention submitted for the courtroom didn’t tend to be yet another approval so you can Wells Fargo or a blank approval. [Read more…]