Sansbury v. Wells Fargo Bank, N.A.

Tom and Donna Sansbury (the borrowers) appeal the final foreclosure judgment entered by the trial court in favor of Wells Fargo Bank (the lender). Because the trial court erred in entering a judicial default while the borrowers’ motion to dismiss the complaint was pending, we reverse.

The lender filed an amended complaint against the borrowers seeking to foreclose on a mortgage. The borrowers filed a motion to extend time for filing a responsive pleading, and the lender filed a motion seeking the entry of a judicial default. The trial court entered an order granting the borrowers a twenty-day…