WOODRUM v. WELLS FARGO MORTG. BANK, N.A.

No. 4D10-3538.

73 So.3d 873 (2011)

Faythe P. WOODRUM, Timothy P. Woodrum and Dawn M. Woodrum, Appellants, v. WELLS FARGO MORTGAGE BANK, N.A., as successor by merger to Wachovia Bank, N.A., Appellee.

District Court of Appeal of Florida, Fourth District.

November 9, 2011.


Attorney(s) appearing for the Case

Philippe Symonovicz of Law Offices of Philippe Symonovicz, Fort Lauderdale, for appellants.

Todd A. Armbruster of Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, for appellee.


PER CURIAM.

The Appellants, the Woodrums, appeal the trial court's entry of a final summary judgment of foreclosure in favor of Wells Fargo Mortgage Bank, N.A. They argue that entry of summary judgment was error where the record did not refute affirmative defenses raised by one of the Appellants in an affidavit in opposition to the motion for summary judgment. We agree and reverse.

The bank filed a mortgage foreclosure...

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