Plaintiff WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007–FXD2 ASSET–BACKED CERTIFICATES, SERIES 2007–FXD2, filed a foreclosure complaint on 5/21/08. The mortgage attached to the complaint named Option One as mortgagee. Subsequently Wells Fargo filed an assignment of mortgage from Option One dated 5/22/08 as well as the undated original note containing a special endorsement in favor of Wells Fargo, and an Affidavit swearing that Wells Fargo was the owner of the note. The appellate court ruled that as the assignment was dated post suit, and as the note was undated, and as the affidavit did not state the date of assignment, Wells Fargo had failed to establish is was the owner and holder of the note at the time of filing the complaint to foreclose. Summary judgment of foreclosure reversed.
Rigby v. Wells Fargo, — So.3d —-, 2012 WL 1108428, Fla.App. 4 Dist.,2012. April 04, 2012. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County.