BERRY v. WELLS FARGO BANK, N.A.

No. 16-3544.

865 F.3d 880 (2017)

Derick L. BERRY, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A. & HSBC Bank USA, N.A., as Trustee for NOMURA PMSR NHELI Asset Backed Certificate Series 2006-AF1, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2017.


Attorney(s) appearing for the Case

William F. Spielberger , Attorney, WILLIAM F. SPIELBERGER & ASSOCIATES, P.C., Chicago, IL, for Plaintiff-Appellant.

Michelle V. Dohra , Lucia Nale , Tyler Alfermann , Attorneys, MAYER BROWN LLP, Chicago, IL, for Defendants-Appellees.

Before Posner, Kanne, and Sykes, Circuit Judges.


In 2006 the plaintiff, Derick Berry, had taken out a 30-year, fixed-rate mortgage of approximately $270,000 to pay for improvements to his Chicago home. He denies having missed any payments on the mortgage, but nevertheless the mortgage was foreclosed later that year. He fought the foreclosure. The following year HSBC, as...

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