Legal Topics

Mortgages — Foreclosure

Jul 28th, 2017 in News by admin

Relief from judgment — Fraud upon court — Defendant’s allegations that former attorney filed notice consenting to entry of final judgment of foreclosure without his knowledge or consent were unrefuted and not inherently implausible

Attorney’s actions constituted extrinsic fraud upon court that empowers court to grant relief from judgment — Although it is unclear whether defendant was required to demonstrate existence of meritorious defense to warrant relief from judgment, answer raising an issue that would entitle defendant to at least partial relief if successful satisfied any such requirement — Final judgment, foreclosure sale, certificate of title, and writ of possession are vacated