Dubois v. Fried

Defendant mortgagor, David Dubois, appeals an order denying his motion to vacate judgment of mortgage foreclosure.

Plaintiff, Herman Fried, commenced a mortgage foreclosure action against David Dubois and his estranged wife, Nina. Service was made on Nina at their marital residence. Nina hired her own attorney and through him answered the complaint. David in proper person filed a separate answer. The cause was set for a non-jury trial. Notice of the trial date was sent to Nina’s attorney and the marital residence where only Nina was residing in that David and Nina separated and David was…