Washington Heights Federal Savings & Loan Ass'n v. Owens

Defendants made this motion to vacate and set aside the summons and complaint, the default judgment of foreclosure and the sale held pursuant to said judgment on the following grounds: (1) That the summons and complaint was never served upon either defendant; (2) that the affidavit of the process server who allegedly served them was defective; (3) that the publication of the notice of sale was *132defective; (4) that the five days’ notice of the application for the judgment of foreclosure and sale was not served upon the defendants; (5) that the defendants were not in default in their mortgage…