Rochester man loses foreclosure case against Wells Fargo

A local man who has been fighting with Wells Fargo over the foreclosure of his home — even traveling to Washington, D.C., to be part of a national protest against home foreclosures — lost his case against the bank Wednesday.

State Supreme Court Justice Elma Bellini ruled that Wells Fargo was indeed capable of bringing an eviction notice to Leonard Spears, of Ries Street. She also said that the notion that Spears was not personally served with papers was not relevant, citing previous court precedents.

“As much as it may pain me to do so, I think I have to follow what is appropriate and legal in this particular case,” Bellini said.

Spears’ lawyers had based their arguments mainly on the notion that Wells Fargo was not legally able to serve an eviction notice to Spears because the bank did not own the home at the time, having sold the property to Freddie Mac.

Read on.

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