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Kemp v. Wells Fargo Bank, NA
301 P.3d 23
Utah Ct. App.
2013
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Background

  • 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)
Read the full case

Case Details

Case Name: Kemp v. Wells Fargo Bank, NA
Court Name: Court of Appeals of Utah
Date Published: Apr 11, 2013
Citation: 301 P.3d 23
Docket Number: 20120099-CA
Court Abbreviation: Utah Ct. App.