Ward v. Wells Fargo Home Mortgage
MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 11/9/12. (ASL)
2012 Nov-09 PM 02:25
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WELLS FARGO BANK, N.A.,
CIVIL ACTION NO.
The court has for consideration the motion of defendant, Wells
Fargo Bank, N.A. (incorrectly named in the complaint as “Wells
pursuant to Rule 56, F.R.Civ.P.
Plaintiff, Willie Ward (“Ward”),
has not responded to defendant’s Rule 56 motion.
is incumbent upon the court to determine for itself if there are
undisputed facts to support the movant’s Rule 56 motion. Ward, the
non-movant, is entitled to all inferences that can be drawn in his
The court has considered all materials submitted by Wells
Fargo, including its rendition of the material facts. If this case
were not distinguishable from Duke, et al. v. Nationstar, LLC, CV12-AR-0157-S, in which this court denied a Rooker-Feldman defense,
and thus far has denied a res judicata defense, this court would
distinction between this case and Nationstar that renders the
undisputed facts in this case dispositive in favor of Wells Fargo,
both under Rooker-Feldman and res judicata.
This court does not retreat from what it said in Nationstar,
in criticism of the sub-prime mortgage industry, but in that case,
the mortgagee itself purchased the property at foreclosure sale,
and thereof succeeded in obtaining a state court judgment for
Wells Fargo was not a party to the state court action
preceding this case, but the purchaser at foreclosure sale, Freddie
Mac, shares a succession in interest with Wells Fargo, a fact not
present in Nationstar. Under the circumstances, Wells Fargo enjoys
the protection that Freddie Mac has by virtue of the state court
Ward has not disputed the facts or principles of law contained
in Wells Fargo’s motion and attachments, and the court finds no
misstatements or reasons to question the facts or law as stated by
Accordingly, the facts and conclusions of law stated
by Wells Fargo are hereby ADOPTED by this court as the undisputed
facts and as its conclusions of law.
By separate order, summary
judgment will be granted in favor of Wells Fargo.
DONE this 9th day of November, 2012.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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