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HUBER v. WELLS FARGO HOME MORTG., INC.

No. SC 88470.

248 S.W.3d 611 (2008)

Scott HUBER and Stephanie Huber, Appellants, v. WELLS FARGO HOME MORTGAGE, INC., and Franklin American Mortgage Company, Respondents.

Supreme Court of Missouri, En Banc.

April 1, 2008.

Attorney(s) appearing for the Case

Johnny S. Wang, Kevin L. Fritz, Lashly & Baer, P.C., St. Louis, MO, for Appellants.

David T. Hamilton, Nicholas J. Komoroski, Hazelwood & Weber, LLC, St. Charles, MO, Charles F. DuFour, St. Louis, MO, for Respondents.

PER CURIAM.1

Introduction

Scott and Stephanie Huber executed a deed of trust in favor of Franklin American Mortgage Company. Wells Fargo Home Mortgage, Inc., subsequently serviced the loan. All payments were made, and a deed of release was recorded on February 23, 2004. Approximately two weeks later, the Hubers sent a demand to Wells Fargo that it deliver to them a deed of release. Wells Fargo did not deliver a

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