Wells Fargo Bank, N.A. v. Lupori
8 A.3d 919
| Pa. Super. Ct. | 2010Background
- Wells Fargo filed a mortgage foreclosure complaint on April 5, 2007 against Lupori, leading to a default judgment entered June 26, 2007.
- A writ of execution was issued July 5, 2007 and the property was subsequently sold at sheriff's sale.
- A sheriff's deed conveying title to Wells Fargo was executed July 16, 2008 and recorded July 18, 2008.
- Luporis filed a petition to set aside the default judgment and strike the sale on March 10, 2009; the trial court denied the petition on August 7, 2009.
- The sole dispositive issue on appeal was whether Wells Fargo, as plaintiff, was a real party in interest with standing to prosecute the foreclosure based on the record at the time judgment was entered.
- The Superior Court reversed, holding the complaint did not establish Wells Fargo’s ownership or a completed, recorded assignment as required by Rule 1147(a)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing/real party in interest in foreclosure | Lupori argue Wells Fargo lacked standing due to no record ownership/assignment. | Wells Fargo relies on Mallory to permit a pending assignment; complaint not required to show a completed assignment. | Reversed; judgment stricken for lack of standing and failure to plead ownership. |
Key Cases Cited
- Aquilino v. Philadelphia Catholic Archdiocese, 884 A.2d 1269 (Pa.Super.2005) (demurrer-to-the-record standard; fatal defect voids judgment)
- U.S. Bank, N.A. v. Mallory, 982 A.2d 986 (Pa.Super.2009) (standing and real party in interest; record must support judgment)