Allen v. Wells Fargo Bank, N.A., 268 So. 3d 115 (2019)

April 10, 2019 · District Court of Appeal of Florida, Second District · Case No. 2D18-1054
268 So. 3d 115
Benjamin M. ALLEN, AS TRUSTEE OF the BENJAMIN ALLEN REVOCABLE TRUST DATED DECEMBER 14, 2015, Appellant, v. WELLS FARGO BANK, N.A., Successor BY Merger to WELLS FARGO BANK MINNESOTA, N.A. (f/k/a Norwest Bank Minnesota, N.A. ), as Trustee Under That Certain Polling and Servicing Agreement Relating to Structured Asset Securities Corporation Mortgage Pass Through Certificate 2002-HF-1; Kondaur Capital Corporation, as Separate Trustee of Matawin Ventures Trust Series 2015-1; Jay Sullivan, as Guardian for Bertha A. Sullivan, Incapacitated; Randall O. Reder ; Unknown Tenant #1; Unknown Tenant #2; and/or Tenants in Possession if the Above Defendants are Alive and if One or More of Said Defendants are Dead, Their Unknown Spouses, Heirs, Devisees, Grantees, Personal Representatives, Creditors and All Other Parties Claiming by, Through or Against Them; and All Parties Having or Claiming to Have Any Right, Title or Interest in the Property Described in the Complaint, Appellees.

Benjamin M. ALLEN, AS TRUSTEE OF the BENJAMIN ALLEN REVOCABLE TRUST DATED DECEMBER 14, 2015, Appellant,
v.
WELLS FARGO BANK, N.A., Successor BY Merger to WELLS FARGO BANK MINNESOTA, N.A. (f/k/a Norwest Bank Minnesota, N.A. ), as Trustee Under That Certain Polling and Servicing Agreement Relating to Structured Asset Securities Corporation Mortgage Pass Through Certificate 2002-HF-1; Kondaur Capital Corporation, as Separate Trustee of Matawin Ventures Trust Series 2015-1; Jay Sullivan, as Guardian for Bertha A. Sullivan, Incapacitated; Randall O. Reder ; Unknown Tenant #1; Unknown Tenant #2; and/or Tenants in Possession if the Above Defendants are Alive and if One or More of Said Defendants are Dead, Their Unknown Spouses, Heirs, Devisees, Grantees, Personal Representatives, Creditors and All Other Parties Claiming by, Through or Against Them; and All Parties Having or Claiming to Have Any Right, Title or Interest in the Property Described in the Complaint, Appellees.

Case No. 2D18-1054

District Court of Appeal of Florida, Second District.

Opinion filed April 10, 2019

DECISION WITHOUT PUBLISHED OPINION

Affirmed.