Montes-Mustira v. Aurora Loan Services, L.L.C.

Approximately one year after entry of a final judgment of foreclosure in favor of Aurora Loan Services, L.L.C., appellants filed a sworn 1.540(b) motion to vacate the judgment, alleging that they had never been served with process and that the company that allegedly served appellants was presently under investigation for sloppy service practices. The trial court summarily denied the motion. Because the allegations of appellants’ motion, if established as true, were sufficient to entitle them to relief, the trial court erred in denying the motion without first affording appellants an…