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WELLS FARGO BANK, N.A. v. SMITH

No. SC 92649.

392 S.W.3d 446 (2013)

WELLS FARGO BANK, N.A., as trustee for the benefit of the certificate holders, Park Place Securities, Inc., asset-backed pass-through certificates Series 2005-WCW2, Respondent, v. William D. and Susan M. SMITH, Appellants.

Supreme Court of Missouri, En Banc.

Decided March 19, 2013.

Attorney(s) appearing for the Case

John Campbell , Erich Vieth , Simon Law Firm, Alicia Campbell , Campbell Law LLC, St. Louis, MO, for Smiths.

Thomas C. Walsh , Louis F. Bonacorsi , John J. Schoemehl , Bryan Cave LLP, St. Louis, MO, Benjamin C. Struby , Millsap & Singer, St. Louis, MO, for Wells Fargo.

PAUL C. WILSON, Judge.

William and Susan Smith lost their home in a foreclosure sale. When they failed to vacate, the foreclosure purchaser, Wells Fargo, sued for unlawful detainer. The circuit court granted summary judgment to Wells Fargo, and the Smiths appeal. The Smiths argue that, because section 534.210, RSMo,1 is unconstitutional, summary judgment was improper and the case should be remanded for consideration of their equitable...

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