Stuart-Findlay v. Bank of America, National Ass'n

The borrower appeals from the trial court’s final judgment of foreclosure in the bank’s favor. The borrower primarily argues the court erred in denying the borrower’s pre-judgment motions to vacate the clerk’s default where the borrower had filed papers before the clerk entered the default. We agree with the borrower’s argument and reverse.

The bank filed a foreclosure action against the borrower. The borrower filed a motion to dismiss and/or quash service. The borrower later filed a separate motion to dismiss for failure to file a non-resident cost bond and a motion for extension of time to…