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RIGBY v. WELLS FARGO BANK, N.A.

No. 4D10-3587.

84 So.3d 1195 (2012)

David RIGBY and Kathlyn Rigby, Appellants, v. WELLS FARGO BANK, N.A., as Trustee for Option One Mortgage Loan Trust 2007-FXD2 Asset-Backed Certificates, Series 2007-FXD2, Appellee.

District Court of Appeal of Florida, Fourth District.

April 4, 2012.

Attorney(s) appearing for the Case

Michael Vater , Peter Ticktin and Joshua Bleil of The Ticktin Law Group, P.A., Deerfield Beach, for appellants.

Heidi J. Weinzetl of Shapiro & Fishman, LLP, Boca Raton, for appellee.

STEVENSON, J.

This appeal stems from a complaint of foreclosure filed by the appellee, Wells Fargo Bank, N.A., as trustee ("Bank"), against the appellants David Rigby and Kathlyn Rigby. The trial court entered final summary judgment. Because Bank failed to meet its burden on summary judgment, we reverse.

The Bank filed its complaint on May 21, 2008, and attached a mortgage that named Option One Mortgage Corporation ("Option One") as the lender. Subsequently...

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