Deutsche Bank National Trust Co. v. Gabriele

Opinion

The defendants Michael Gabriele and Victoria Gabriele1 appeal from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, Deutsche Bank National Trust Company. On appeal, the defendants claim that the court erred in rendering judgment of strict foreclosure because the plaintiffs motion for default, which the court granted, was filed prematurely.2 We agree and reverse the judgment of the trial court.

*549The plaintiff commenced this residential mortgage foreclosure action against the defendants on November 13,2009. The complaint stated that, pursuant to…