Our firm was retained in May 2015 in the waning days of this foreclosure action. Final Judgment had been entered in September 2014, the sale had already occurred and Certificate of Title had passed to the Bank of New York Mellon. In fact, the Bank had already filed their motion to obtain a writ of possession and have the borrower thrown off his property.
In reviewing the file, our firm questioned whether the trial court ever had jurisdiction over the case in the first place. In this respect, a Motion for Relief from Judgment was filed contesting jurisdiction. By filing the motion, our firm was initially able to defeat the Bank's request for a writ of possession and, on December 10, 2015, the trial court ultimately agreed with our position and granted the motion, effectively declaring the final judgment void.
The Bank chose not to seek rehearing or otherwise appeal the order.
CASE NO. CACE 11-25961
BANK ATTORNEY: SHAPIRO FISHMAN & GACHE, LLP