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WELLS FARGO v. TAX CLAIM BUREAU OF MONROE

817 A.2d 1196 (2003)

WELLS FARGO BANK OF MINNESOTA, NA, Successor by Merger to Northwest Bank of Minnesota as Trustee of Solomon Brothers Services Corporation Mortgage Securities VII, Inc. Mortgage Loan Trust 1999—AQI Under Pooling and Services Agreement dated March 1, 1999, Appellant, v. TAX CLAIM BUREAU OF MONROE COUNTY, Gardner Family Trust, c/o Glen Keller, Steven Gladstone, and Robert E. Plank, Jr.

Commonwealth Court of Pennsylvania.

Decided January 3, 2003.

Publication Ordered March 6, 2003.

Attorney(s) appearing for the Case

Autherine B. Smith, Philadelphia, for appellant.

Steven D. Gladstone, Mt. Pocono, for appellees.

Before COLINS, President Judge, COHN, J., and MIRARCHI, JR., Senior Judge.

OPINION BY Senior Judge MIRARCHI, Jr.

Wells Fargo Bank of Minnesota (Wells Fargo) appeals from an order of the Court of Common Pleas of Monroe County (trial court) which denied its petition to set aside a tax sale. We reverse.

On October 26, 1993, Catherine A. Colarco took title to property located at 1296 Winding Way, Tobyhanna, Pennsylvania and identified as Tax Parcel 3/9F/1/233 (the property). On February 5, 1999, Colarco executed a mortgage on the property...

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