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WELLS FARGO BANK, N.A. v. BALLESTAS

No. 01-10-00020-CV.

355 S.W.3d 187 (2011)

WELLS FARGO BANK, N.A., as Trustee Under the Pooling and Servicing Agreement Dated as of November 1, 2004 Asset-Backed Pass-Through Certificates Series 2004-WHQ2, Appellant, v. Laureano A. BALLESTAS and Herminia Ballestas, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

May 12, 2011.

Attorney(s) appearing for the Case

David W. Gaughan , Gaughan, Stone & Thiagarajan, Houston, TX, for Appellant.

Heather Keegan , Sonia Lopez , Lone Star Legal Aid, Conroe, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

JANE BLAND, Justice.

A bank lost a trial against the owners of a home because it failed to prove that it owned the note on which it sought to foreclose. The bank then sued the owners again, contending once more that it owned the disputed note. The owners responded that the bank's claims are barred by res judicata and collateral estoppel. The trial court agreed and granted summary judgment.

Wells Fargo Bank, N.A., as trustee under the pooling...

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