Default Judgment in Foreclosure Action Vacated as Not Willful; Meritorious Defense Noted
Default Judgment in Foreclosure Action Vacated as Not Willful; Meritorious Defense Noted Plaintiff sought foreclosure on a property Freeway Group Inc. bought from the Espinosa defendants in 2013. Freeway, which manages the property’s three apartments, paid off the mortgages on the property, including that underlying plaintiff’s Feb. 2, 2017, foreclosure complaint. Despite purported service with the summons and complaint, a certificate of default was entered against defendants, and judgment of foreclosure and sale entered on Sept. 6, 2017. Plaintiff was the foreclosure sale’s successful bidder. Nonparty 4 Lafayette Realty LLC later bought plaintiff’s successful bid for $32,000. The court granted Freeway the default judgment’s vacatur, finding Freeway’s default not willful. Freeway submitted evidence that it did not receive process served on N.Y.’s Secretary of State. Nothing in the record suggested Freeway knew plaintiff had a claim against it and deliberately failed to update its address with the Secretary of State. Freeway also had a meritorious defense. Based on its evidence a trier of fact could conclude that Freeway did, in fact, pay off the subject mortgage.
Courchevel 1850 LLC v. Espinosa, 17 CV 799 (July 17)
For information on foreclosure defense call us at 573-292-1280. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.
Feel free to connect with us . . .
Address: Birch Tree MO 65438 Phone: 573-292-1280 Email: Info@FraudStoppers.org
DISCLOSURE: NOTICE OF Copyright © 2017 FRAUD STOPPERS, FRAUD STOPPERS PMA. THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. Legal Information is NOT Legal Advice: This site provides “information” that is only designed to help users safely cope with their own general legal needs. Legal information is NOT the same as legal advice — the application of law to an individual’s specific circumstances. FRAUD STOPPERS is a National Private Members Association (PMA). PLEASE TAKE NOTICE OF THE FOLLOWING MARS Disclosure[s] 12 C.F.R. 1015.: (1) FRAUD STOPPERS PMA is NOT Affiliated with any Government Agency or Any Bank Lender; (2) Even if YOU Accept any of FRAUD STOPPERS PMA Products or Services Your Lender May Choose to NOT Change Your Loan. FRAUD STOPPERS products and services are only available to Active Members of the FRAUD STOPPERS PRIVATE MEMBERS ASSOCIATION. To join FRAUD STOPPERS PMA click here: https://fraudstoppers.org/members-only/