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SIBERT v. WELLS FARGO BANK, N.A.

No. 16-1568.

863 F.3d 331 (2017)

Richard D. SIBERT, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2017.

Attorney(s) appearing for the Case

ARGUED: John Daniel Hafemann , MILITARY JUSTICE ATTORNEYS, PLLC, Savannah, Georgia; Jeremy S. McKenzie , KARSMAN, McKENZIE & HART, Savannah, Georgia, for Appellant. Terry Catherine Frank , KAUFMAN & CANOLES, P.C., Richmond, Virginia, for Appellee. ON BRIEF: Hunter W. Sims, Jr. , KAUFMAN & CANOLES, P.C., Norfolk, Virginia, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the majority opinion, in which Judge Duncan joined. Judge King wrote a dissenting opinion.

While serving in the U.S. Navy, Richard Sibert obtained a loan secured by a mortgage to purchase a house in Virginia Beach, Virginia. Soon after his discharge from the Navy, he defaulted on the loan, and the lender began foreclosure proceedings. During those proceedings, however, and before any foreclosure sale was held...

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