RIVERA v. WELLS FARGO BANK, N.A.

No. 4D14-2273.

189 So.3d 323 (2016)

Carlos M. RIVERA and Yanira J. Pena Santiago, Appellants, v. WELLS FARGO BANK, N.A., Mortgage Electronic Registration Systems Incorporated as Nominee for FDIC as Receiver for Amtrust Bank, Shaughnessy Village Homeowners Association, Inc., and Olympia Master Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

April 20, 2016.


Attorney(s) appearing for the Case

Brian Korte and Scott J. Wortman of Korte and Wortman, P.A., West Palm Beach, for appellants.

Donna L. Eng , Michael K. Winston and Dean A. Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee Wells Fargo Bank, N.A.


The borrowers appeal from the circuit court's final judgment of foreclosure in the bank's favor after a non-jury trial. The note upon which the foreclosure action was based was an electronic note ("e-note"). The borrowers argue, among other things, that the plaintiff, Wells Fargo Bank, N.A. ("the bank") did not prove the identity of the...

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