Faulks

Faulks v. Wells Fargo & Co.

Good Law
231 F. Supp. 3d 387·2017 WL 492673·2017 U.S. Dist. LEXIS 17333
United States District Court, Northern District of CaliforniaFebruary 7, 2017Case No. 13-cv-02871-MEJCalifornia11,708 words

Opinion

Lead Opinion

Mariajames, J.

ORDER RE: MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

Pending before the Court is Defendant Wells Fargo Bank, N.A.’s (“Wells Fargo”) Motion for Summary Judgment. Mot., Dkt. No. 126. Plaintiff Laurence Faulks (“Plaintiff’) filed an Opposition (Dkt. No. 129) and Wells Fargo filed a Reply (Dkt. No. 134). The Court previously vacated the hearing on the Motion. Dkt. No. 135. Having considered the parties’ positions, the relevant legal authority, and the record in this case, the Court GRANTS Wells Fargo’s Motion for the following reasons.

BACKGROUND

Unless otherwise noted, the following facts are undisputed. On July 3, 2007, Plaintiff obtained a $525,000 mortgage loan from World Savings Bank, FSB (the “Loan”). Declaration of Brandon McNeal (“McNeal Deck”) ¶7, Dkt. No. 128-1; Declaration of Laurence Faulks (“Faulks Deck”) ¶ 6, Dkt. No. 129-1. The Loan was *392 secured by a deed of trust recorded against real property — Plaintiffs house located at 25 Cameo Way, San Francisco, California (the “Property”). McNeal Decl. ¶ 7. World Savings Bank, FSP later changed its name to Wachovia Mortgage, FSP, which then merged with Wells Fargo in November 2009. Mot. at 1; Opp’n at 1-2.

Plaintiff…

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