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Volume 10 - Number 6

March 17, 2017

Georgia Appeals Court Finds for Wells Fargo in Provisional Win

A Georgia appellate court recently handed Wells Fargo Bank a provisional win in a lawsuit in which a VA borrower alleged breach of contract and wrongful foreclosure. In Wells Fargo Bank, N.A., d/b/a Wells Fargo Home Mortgage v. LaTouche, the court ruled that Wells did not breach its duty to the borrower to comply with VA foreclosure regulations. The court concluded that the trial court had erred in denying Wells Fargoís motion for summary judgment as to the defendantís claims for wrongful foreclosure that hinged upon the same VA regulations. The reversal stemmed from Wells Fargoís request for an interlocutory review of the trial courtís denial of its motion for summary judgment on defendant Michael LaToucheís claims for breach of contract, wrongful foreclosure and ďsurprise. An interlocutory review is undertaken when a question of law must be answered by an appellate court before ...

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