Bogus v. Bank of New York ex rel. Certificate Holders CWALT, Inc.

BRYAN, Judge.

Linda Bogus and James Bogus, the defendants below, appeal from the denial of their motion to vacate a default judgment pursuant to Rule 60(b)(4), Ala. R. Civ. P.1 We reverse and remand.

Bank of New York, as trustee for the Certificate Holders CWALT, Inc. Alternative Loan Trust 2005-77T1 Mortgage Pass-Through Certificates, Series 2005-77T1 (“BNY”), sued the Boguses on July 24, 2008, alleging that the Boguses had mortgaged a parcel of real property loeat-ed in Shelby County (“the property”); that the mortgage had been foreclosed on May 29, 2007; that, by virtue of the foreclosure,…