Leo Robinson v. Wells Fargo Bank, N.A.

Dallas, Texas consumer law lawyer represented Plaintiff, who sued Defendant on a wrongful foreclosure theory.



Plaintiff-Appellant Leo Robinson purchased a home at 2306 Van

Cleave Drive in Dallas, Texas. He obtained title on the home from the

previous owners, the Browns. The Browns had a mortgage on the home with

Defendant-Appellee Wells Fargo Bank, N.A. After the Browns sold the home

to Robinson, they authorized him to make payments on the mortgage on their

behalf. The Browns made no other alterations to the terms or obligations of

the mortgage. Although Robinson did not assume the mortgage, from about

February 2014 through October 2014, he made five payments to Wells Fargo.

At some point, the Browns defaulted on the mortgage. Wells Fargo

then initiated foreclosure proceedings on the home in 2017. Around July and

August 2017, Wells Fargo posted the property, published a notice in the Daily

Commercial Record for three weeks, and mailed notices to the Browns and

Robinson. The home sold at the foreclosure sale on September 7, 2017, for

$86,500.



More than two years later, in January 2020, Robinson sued Wells

Fargo for wrongful foreclosure in Texas state court. Wells Fargo removed

the case to the district court and moved for summary judgment on

Robinson's claims.1 The district court granted the motion and dismissed

Robinson's wrongful foreclosure claim because he was not entitled to notice

of the foreclosure, and even if he was, he received adequate notice under

Texas law. Robinson appeals.

Affirmed.