LINDSEY v. WELLS FARGO BANK, N.A.

No. 1D12-2406.

139 So.3d 903 (2013)

James K. LINDSEY, Appellant, v. WELLS FARGO BANK, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-Opt1, Julie Ann MacDonald Unknown, Spouse of Julie Ann MacDonald; County Creek V111 Homeowners Association, Inc.; Unknown Person(s) in Possession of the Subject Property, Appellees.

District Court of Appeal of Florida, First District.

February 27, 2013.


Attorney(s) appearing for the Case

Jay B. Watson and Joshua T. Kaleel of The Law Office of Jay B. Watson, P.A., Jacksonville, for Appellant.

H. Michael Muniz of Kahane & Associates, P.A., Plantation, for Appellee Wells Fargo Bank, N.A., As Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1.


WETHERELL, J.

James K. Lindsey appeals the final summary judgment entered in favor of Wells Fargo Bank in this mortgage foreclosure case. We reverse and remand for further proceedings because Wells Fargo failed to establish its standing to foreclose and, likewise, failed to refute Lindsey's affirmative defense contesting Wells Fargo's standing.

In March 2007, Lindsey executed and delivered a promissory note to Option One Mortgage. The note was secured by a...

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