Wells Fargo Bank, N.A. v. Horn

In 2010, Bank filed a foreclosure action against Defendants for allegedly defaulting on a promissory note. The trial court granted Bank’s motion for summary judgment and issued a decree of foreclosure in Bank’s favor. Defendants appealed, asserting four assignments of error, none of which challenged the court’s conclusion that Bank had standing to bring the foreclosure suit. Rather than considering Defendants’ assignments of error, the court of appeals sua sponte considered the issue of standing and held that Bank lacked standing to bring this foreclosure action. The Supreme Court reversed, holding that Bank had standing to file the foreclosure action against Defendants at the time that it filed the complaint in 2010. Remanded. View "Wells Fargo Bank, N.A. v. Horn" on Justia Law