Fleet Mortgage Corp. v. Deale

This is an appeal from a trial court order vacating the mortgage foreclosure sale of certain property to intervenor-appellant REM Properties, Inc. (REM). The facts are undisputed. Plaintiff-appellee Fleet Mortgage Corporation, the mortgagee, filed a complaint seeking to foreclose a mortgage executed by defendants James and Annie Deale, the mortgagors, alleging that the Deales defaulted on their mortgage installment payments. On November 17, 1994, the trial court entered a judgment of foreclosure by default against the Deales. That order expressly provided that the right of the Deales to…