Woodrum v. Wells Fargo Mortgage Bank, N.A.

The Appellants, the Woodrums, appeal the trial court’s entry of a final summary judgment of foreclosure in favor of Wells Fargo Mortgage Bank, N.A. They argue that entry of summary judgment was error where the record did not refute affirmative defenses raised by one of the Appellants in an affidavit in opposition to the motion for summary judgment. We agree and reverse.

The bank filed a mortgage foreclosure complaint, to which the Woodrums failed to file an answer. Instead of moving for entry of a default, the bank filed a motion for summary judgment. In response, one of the Appellants, Faythe…