## Facts

- Wells Fargo Bank, N.A., as trustee for a mortgage-backed trust, sued Anastasios and Dina Zervas to foreclose a residential mortgage.
- The Zervases were served but did not timely file an answer.
- The Zervases moved to stay or extend the time to file an answer.
- Wells Fargo moved for a default final judgment of foreclosure.
- The trial court entered a default and then entered a final judgment of foreclosure without an evidentiary hearing.
- The Zervases appealed the final judgment.

## Issues

1. Whether the trial court erred by entering a default final judgment of foreclosure where the record did not establish that no answer the borrowers might file could present a genuine issue of fact.
2. Whether a plaintiff seeking a default final judgment must demonstrate entitlement to foreclosure relief beyond the defendant’s failure to answer, including that no material factual dispute could be raised.

## Decision

- The Second District Court of Appeal reversed the final judgment of foreclosure.
- The court held that Wells Fargo failed to establish that no answer the Zervases might file could present a genuine issue of fact.
- The case was remanded for further proceedings.

## Legal Principles

- A default does not automatically entitle a plaintiff to a final judgment; the court must still determine that the plaintiff is entitled to the relief sought.
- A default final judgment is improper unless the record establishes that no answer the defendant might file could present a genuine issue of fact.
- Trial courts must exercise discretion over defaults in a manner consistent with due process and the preference for resolving disputes on the merits, particularly where property interests are affected.

## Conclusion

The appellate court reversed the default final foreclosure judgment because the plaintiff did not make the required showing that any potential answer would be incapable of raising a genuine issue of fact, and it remanded for litigation to proceed on the merits.


Zervas v. Wells Fargo Bank, N.A., 93 So. 3d 453 (Fla. 2d DCA 2012)