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132217P.pdf 04/04/2014 Gary Lackey, Jr. v. Wells Fargo Bank, N.A.
U.S. Court of Appeals Case No: 13-2217
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Wollman,
Circuit Judge]
Civil case - Foreclosure law. Wells Fargo was the holder of plaintiff's
note and was entitled to appoint a successor trustee to the deed of trust;
Missouri law did not require Wells Fargo to produce the original note at
the time of the foreclosure proceeding, as this "show-me-the-note" theory
has been consistently rejected by the federal courts in Missouri and
courts nationally; plaintiff failed to provide clear and satisfactory
evidence that the foreclosure sale was conducted improperly; since
plaintiff's wrongful foreclosure action fails, he cannot show he has
superior title to the property and cannot, therefore, succeed on his quiet
title action.