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Wells Fargo Bank NA v. Molina-Salas

A typographical error in a foreclosure advertisement that incorrectly identified the property as lying in the 5th, as opposed to the 6th, District of Gwinnett County did not render the foreclosure sale void, because the description, address and recording data were otherwise correct.

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We granted an interlocutory appeal to Wells Fargo Bank, N. A. Wells Fargo and Federal Home Loan Mortgage Corporation Freddie Mac to consider whether the trial court erred in denying their motion for summary judgment on Maria M. Molina-Salas’s claim for wrongful foreclosure. Because we conclude that Wells Fargo and Freddie Mac were entitled to summary judgment, we reverse.

The pertinent facts are undisputed. In April 2007, Molina-Salas obtained a loan and executed a promissory note in favor of Wells Fargo. She secured the note with a security deed to real property the Property that granted Wells Fargo a power of sale. The security deed was recorded in the deed book of Gwinnett County and contained a complete and accurate legal description of the Property, including a reference that it was specifically located in the 6th District of Gwinnett County.

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