Shlishey the Best, Inc. v. CitiFinancial Equity Services, Inc.

VILLANTI, Judge.

Shlishey the Best, Inc., the third-party purchaser at a foreclosure sale, appeals the trial court’s order that set aside the foreclosure sale and vacated the certifícate of sale, contending that it was denied procedural due process because the trial court entered the order ex parte and with no opportunity for Shlishey to be heard. Because the record supports this assertion, we reverse and remand for further proceedings.

The facts here are very straightforward. CitiFinancial filed a foreclosure action against property owners Darryl and Wed-sel Lowery. CitiFinancial obtained a…