ZERVAS v. WELLS FARGO BANK, N.A.

No. 2D11-750.

93 So.3d 453 (2012)

Anastasios ZERVAS and Dina Zervas, Appellants, v. WELLS FARGO BANK, N.A., as trustee for the MLMI Trust Series 2005-FM1, Appellee.

District Court of Appeal of Florida, Second District.

July 18, 2012.


Attorney(s) appearing for the Case

Daniel K. Schaffner , Clearwater, for Appellants.

Roy A. Diaz and Diana B. Matson of Smith, Hiatt & Diaz, P.A., Fort Lauderdale, for Appellee.


WHATLEY, Judge.

Anastasios and Dina Zervas appeal a final judgment of foreclosure entered in favor of Wells Fargo Bank, N.A., as trustee for the MLMI Trust Series 2005-FM1. We reverse because Wells Fargo did not establish that no answer which the Zervases might file could present a genuine issue of fact.

On October 6, 2009, Wells Fargo filed a mortgage foreclosure complaint against the Zervases when they stopped making their monthly mortgage payments in June...

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