Court of Appeals for the Second Circuit August 15, 2005, Docket 04-5306-CV(L), 04-5768(CON) (Wells Fargo Bank, N.A., F/k/a Wells Fargo Bank Minnesota, N.A., Indenture Trustee v. Brooksamerica Mortgage Corporation and Michael Wayne Brooks)

KEENAN, District Judge.

BrooksAmerica Mortgage Corporation (“BrooksAmerica”) and its principal officer, Michael Wayne Brooks (“Brooks”), appeal from the denial of their motion for summary judgment, and from the grant of the cross-motion for summary judgment of Wells Fargo Bank, N.A. (“Wells Fargo”). The United States District Court for the Southern District of New York (Baer, J.