In July 2015, our firm was retained at the last moment to attempt to have a sale date cancelled. Given that this was a 2008 case and a Consent Final Judgment was entered in June 2013 and the sale had been continued several times before, it should come as no surprise that the sale was not cancelled.
However, we continued to represent the client and filed an Objection to Sale in an effort to short sale the property before title was transferred. In reviewing the file, our post-judgment specialist discovered an anomaly in the service of process on the wife. The wife was served as the "unknown spouse" and the "unknown spouse" was defaulted; however, the Bank had never sought to amend the complaint to name the wife in her proper name.
In this respect, our firm filed a Motion to Intervene, Vacate Consent Final Judgment, and Vacate Foreclosure Sale. On October 20, 2015, the trial court agreed that service of process on the wife was improper and quashed service of process, vacated the final judgment as to the wife, and set aside the sale.
HSBC Bank did not appeal the order and the family should remain in their homestead property for a long time to come.
CASE NO. CACE 08-62985
BANK ATTORNEY: BROCK & SCOTT, LLC