Hostile Courts… Really? Before a foreclosure sale was held…the bank and defendant filed motions to cancel it. The court denied those efforts. Why? Because this is the hostile environment that still exists in courts across this state. It’s just unconscionable….and Lord only knows what it will look like in this new era.
A final judgment of foreclosure was entered in favor of Plaintiff Specialized
Loan Servicing LLC (SLS) against Defendants Armando A. Gavidia and Anna B.
Gavidia. The Gavidias now appeal an order that denies SLS’s motion to vacate the
foreclosure sale and certificate of sale and assert that the loan had been reinstated prior
to the foreclosure sale. This court granted the motion of Richard Delekta, who is the
third-party purchaser of the property, to intervene in this appeal. The Gavidias raise two
issues on appeal, and we reject without further discussion the argument in issue one
that the trial court erred by not allowing them to exercise their right of redemption. As to
issue two, because the trial court did not apply the correct legal standard in denying
relief, we reverse the appealed order and remand for further proceedings.
Most consumers have no idea!