Adele M. Schneidereit v. Wells Fargo Bank, N.A., as successor by merger to Wells Fargo Bank Minnesota N.A., fka Northwest Bank of Minnesota, N.A. solely as Trustee for Structured Asset Mortgage Investments II Inc. Bear Stearns Mortgage Funding Trust 2006-AR-5, Mortgage Pass-Through Certificates, Series 2006-AR-5; Quality Loan Service Corporation, a
Published: Mar. 25, 2017 | Result Date: Feb. 27, 2017 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-06412-PSG-E Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Andrew R. Stilwell
(Patel Stilwell LLP)
Defendant
Jeffrey S. Gerardo
(Kutak Rock LLP)
Steven M. Dailey
(Kutak Rock LLP)
Facts
Plaintiff brought a complaint for damages and equitable relief against Wells Fargo Bank NA and others.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff challenged the foreclosure on her residence, contending that the deed of trust was void, rendering the notice of default deficient. She claimed that defendants lacked authorization to conduct or execute a trustee sale due to the void deed of trust and as such, the ensuing foreclosure of plaintiff's property was illegal.
DEFENDANTS' CONTENTIONS:
Defendants contended in their motion to dismiss that, among other things, plaintiff's complaint was barred by the doctrine of res judicata, that plaintiff failed to join an indispensable party, and that the trustee's sale was presumed valid.
Result
The court granted defendants' motion, with prejudice.
Other Information
FILING DATE: Aug. 25, 2016.
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