WELLS FARGO BANK, N.A. v. RUTLEDGE

No. 2D13-3192.

148 So.3d 533 (2014)

WELLS FARGO BANK, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006 Frei Asset-Backed Pass-Through Certificates, Appellant, v. Calvin M. RUTLEDGE; Bruce Dias; Harbor Towers Owners Association, Inc.; Mary Lynne Dias; Unknown Tenant(s) Possession of the Subject Property, Appellees.

District Court of Appeal of Florida, Second District.

October 10, 2014.


Attorney(s) appearing for the Case

Curtis Herbert and Desiree B. McCarthy of Brock & Scott, PLLC, Ft. Lauderdale, for Appellant.

John C. Dent, Jr. , and Jennifer A. McClain of Dent & McClain, Chartered, Sarasota, for Appellee Calvin M. Rutledge.

No Appearance for remaining Appellees.


SLEET, Judge.

Wells Fargo Bank, N.A., appeals the final summary judgment granting title to Calvin Rutledge and discharging Wells Fargo's lis pendens against the underlying property in this foreclosure action. Because we agree that Wells Fargo was not barred from pursuing foreclosure in the circuit court by laches or equitable, estoppel and that material issues of fact remain as to the authenticity of Mary Dias's signature on the note and mortgage, we reverse.

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