In Wells Fargo Bank v. Long, 2007 , the appellate court reversed the trial court's grant of summary judgment for Wells Fargo.  Wells Fargo's application for reargument was denied. 
 
The issue was whether Wells Fargo had the right to possession of the property at the time it commenced eviction proceedings.  The appellate court ruled that it did not.  The Sheriff's sale was held on 11/10/05 and bank commenced its eviction action on 11/17/05.  The sheriff's deed was not recorded until 1/16/06.
 
In its conclusion, the court reasoned that title to property sold at a sheriff's sale does not transfer the right to possession until the sheriff's acknowledgement and recording of the deed.  When the eviction complaint was filed, Wells Fargo had no right to immediate possession because the sheriff's deed had not yet been acknowledged and recorded. Since there was no right to immediate possession before the sheriff acknowledged the deed, the bank could not initiate the eviction action when it did.

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About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, OH  and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 450 employees.  Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.