LE (JASON), ET AL. VS. WELLS FARGO BANK, N.A.
Annotate this Case
Download PDF
RENDERED: FEBRUARY 25, 2011; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2009-CA-001168-MR
JASON LE (AKA JASON DUNG LE,
DUNG LE, AND DUNG VAN LE);
SOVIN LE (FKA SOVIN ROM, AKA
SAVIN LE); AND CUC VAN LE,
SPOUSE OF SOVIN LE
v.
APPELLANTS
APPEAL FROM WARREN CIRCUIT COURT
HONORABLE JOHN R. GRISE, JUDGE
ACTION NO. 09-CI-00343
WELLS FARGO BANK, N.A.
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE: NICKELL AND WINE, JUDGES; SHAKE,1 SENIOR JUDGE.
1
Senior Judge Ann O’Malley Shake sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes
21.580.
NICKELL, JUDGE: This is a foreclosure action wherein the Warren Circuit Court
entered a default judgment and order of sale after Wells Fargo Bank, N.A.
foreclosed on the mortgage of Jason Le. Le, pro se, appeals from the May 20,
2009, Judgment and Order of Sale. We affirm.
Le purchased property in Bowling Green, Kentucky, and borrowed
$55,800.00 from Wells Fargo Home Mortgage, Inc., with the loan secured by a
first mortgage lien. Wells Fargo Home Mortgage, Inc., subsequently merged with
Wells Fargo Bank, N.A. (“Wells Fargo”). When Le defaulted on the mortgage
loan, Wells Fargo instituted a foreclosure action against him2 to recover its balance
owed of $43,404.08. Le failed to file an answer to the complaint.
On May 20, 2009, Wells Fargo obtained a default judgment and order
of sale, and the matter was referred to the master commissioner for sale of the
property. Prior to the sale, on June 15, 2009, Le filed a pro se answer to the
complaint. On June 18, 2009, Le filed a notice of appeal from the judgment and
order of sale. At no time did Le seek to set aside the default judgment. On July
23, 2009, the master commissioner filed its report stating the sale originally
scheduled for August 20, 2009, had been cancelled. An order confirming the
report was entered on August 13, 2009.
Because Le is appealing directly from a default judgment, the only
issue which may properly be considered by this Court is whether the pleadings are
2
At the time of the filing of the action, Le had transferred his interest in and to the subject
property to his step-mother, Sovin Le. Cuc Van Le is Le’s father and Sovin’s husband. Sovin
and Cuc Van were thus named as parties to the action as subsequent title holders of the property.
For purposes of this appeal, the three Le’s shall be referred to singularly as “Le.”
-2-
sufficient to support the judgment. Jeffrey v. Jeffrey, 153 S.W.3d 849, 851-52 (Ky.
App. 2005). We will not overturn a trial court’s decision regarding a default
judgment absent an abuse of discretion. PNC Bank, N.A. v. Citizens Bank of
Northern Kentucky, Inc., 139 S.W.3d 527, 530 (Ky. App. 2003).
Our review of the pleadings in this case reveals them to be more than
sufficient to uphold entry of the default judgment. Wells Fargo alleged in its
complaint that Le was indebted to Wells Fargo, that Wells Fargo was the holder of
a valid mortgage interest in Le’s real property, that Le had transferred his interest
in the real property to his step-mother who was properly made a party to the action
along with her spouse, that Le had defaulted on the debt, and that Wells Fargo was
entitled to foreclosure to satisfy the outstanding mortgage indebtedness. Wells
Fargo’s pleadings also showed proper service upon all parties and that Le, without
any cause shown, had failed to respond to Wells Fargo’s claims. Therefore, the
pleadings were sufficient to support the default judgment.
We further note that Le’s brief before this Court is merely a
restatement of his belated answer filed in the trial court. In contravention of CR
76.12, Le’s brief does not contain a single reference to the record indicating
whether and how any issues were preserved for appellate review. The brief is also
devoid of citation to any legal authority supportive of Le’s position. None of the
statements presented were reviewed nor ruled upon by the trial court. It is
axiomatic that a trial court must be given a chance to deliberate and decide upon an
issue before it is ripe for appellate review. Florman v. MEBCO Ltd. Partnership,
-3-
207 S.W.3d 593, 607 (Ky. App. 2006). Le has failed to preserve any claims of
error in the trial court, and thus cannot now be heard to complain for the first time
in this appeal. See Lawrence v. Risen, 598 S.W.2d 474, 476 (Ky. App. 1980).
Therefore, for the foregoing reasons, the judgment of the Warren
Circuit Court is AFFIRMED.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Jason Dung Le,
also known as Dung Le,
also known as Dung Van Le, pro se
Lowell, Massachusetts
Shannon O’Connell Egan
Cincinnati, Ohio
Sovin Le,
also known as Savin Le,
formerly known as Sovin Rom, pro se
Lowell, Massachusetts
-4-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.