Kemp v. Wells Fargo Bank, NA
301 P.3d 23
Utah Ct. App.2013Background
- Kemp financed his home with two promissory notes from Wells Fargo, each secured by a trust deed on the property.
- The notes were pooled and transferred into a securitized trust, with HSBC Bank USA, N.A. as trustee, and investors hold mortgage-backed securities in the trust.
- Kemp filed suit seeking a declaratory judgment that Wells Fargo and HSBC have no interest in the notes or trust deeds and asking to identify rightful holders; he proposed quiet title if investors do not appear.
- The trial court dismissed the complaint on multiple grounds, including lack of standing.
- On appeal, appellees argued Kemp lacked standing; Kemp did not address standing in reply, and the court emphasized standing requirements and injury/causation/redressability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kemp has standing to seek declaratory relief and quiet title | Kemp contends he has a legally protectable interest and a justiciable controversy. | Appellees argue Kemp lacks standing because he is not a party to the assignment and there is no injury or impending injury. | Kemp lacks standing; appeal dismissed |
Key Cases Cited
- Jones v. Barlow, 2007 UT 20 (Utah Supreme Court, 2007) (standing is a jurisdictional requirement)
- Jenkins v. Swan, 675 P.2d 1145 (Utah Supreme Court, 1983) (four elements of standing)
- Holladay Towne Ctr., LLC v. Brown Family Holdings, LLC, 2011 UT 9 (Utah Supreme Court, 2011) (standing limited to those who could acquire an interest in the property by judgment)
- Brown v. Division of Water Rights of Dep’t of Natural Resources, 2010 UT 14 (Utah Supreme Court, 2010) (traditional standing elements; injury, causation, redressability)
- City of Grantsville v. Redevelopment Agency of Tooele City, 2010 UT 38 (Utah Supreme Court, 2010) (party to contract must be involved in assignment to challenge its validity)
