Stack's v. Gordon

MEMORANDUM OPINION

I. INTRODUCTION

This was originally a debt action which has evolved into an execution proceeding presenting a procedural question of first impression in this jurisdiction. The major issue presented here is whether a judgment debtor who defaults on an underlying claim is entitled to have the execution sale of his property set aside, after the statutory redemption period has expired, because he was not served with the Motion for the Order Confirming the Sale of his property. For the reasons which follow, this Court decides that such a judgment debt- or is not entitled to the…