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TOONE v. WELLS FARGO BANK, N.A.

No. 11-4188.

716 F.3d 516 (2013)

Bryan TOONE; JoLynne Toone, Plaintiffs-Appellants, v. WELLS FARGO BANK, N.A.; Norwest Mortgage, Inc.; LaSalle Bank N.A., as trustee; Bank of America, N.A; Etitle Insurance Agency; Lundberg & Associates; Kent W. Plott; Mark S. Middlemas, Defendants-Appellees, Premier Mortgage Corporation of America; Accubank Mortgage Corporation, d/b/a Accumortgage Corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

March 8, 2013.

Attorney(s) appearing for the Case

Brian W. Steffensen , Steffensen Law Office, Salt Lake City, Utah, for Plaintiffs-Appellants.

James D. Gardner , ( M. Lane Molen , with him on the brief) of Snell and Wilmer L.L.P., Salt Lake City, Utah, for Defendants-Appellees Wells Fargo Bank, N.A., Norwest Mortgage, Inc. LaSalle Bank, N.A. and Bank of America, N.A.

Richard Gunnerson , ( Scott Lundberg on the brief), Lundberg & Associates, Salt Lake City, Utah, for Defendants-Appellees eTitle Insurance Agency, Lundberg & Associates, Kent W. Plott, and Mark S. Middlemas.

Before LUCERO, HOLLOWAY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Bryan and JoLynne Toone executed a promissory note (the Note) secured by a deed of trust on their home (the Trust Deed). The Note was assigned several times. After the Toones defaulted on the Note, their home was scheduled to be sold at a trustee's foreclosure sale. They filed suit to halt the foreclosure and to obtain damages and declaratory relief based on alleged violations of statutory and common-law duties by numerous parties who had current...

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