Wells Fargo Bank v. Schultz
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Defendant Scott Schultz appealed a circuit court order that denied his motion to dismiss and one that granted judgment to plaintiff Wells Fargo Bank in an action for possession of real estate. Defendant was notified that the bank would foreclose on his property in 2009. He did not act to enjoin the foreclosure. The sale took place May 2011. A month later, Defendant was served with an eviction notice. A month after the eviction, the bank filed a possessory action. Defendant moved to dismiss that action, arguing that plaintiff's possessor right was based on two prior assignments that were fatally defective "if not fraudulent." The trial court denied defendant's motion. Finding no error with the circuit court order, the Supreme Court affirmed.
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