Merrill Lynch Mortgage Capital v. Steele

¶ 1 Judith Gregory appeals the May 12, 2003 order refusing to set aside a sheriffs sale. We conclude that the trial court abused its discretion in failing to allow Appellant to set aside the sheriffs sale. We reverse and direct the trial court to invalidate the sale of the subject property to REO Properties Management, L.L.C. (“REO”), Appellee.

¶ 2 On December 27, 2001, Merrill Lynch Mortgage Capital Corporation (“Merrill Lynch”) instituted this mortgage foreclosure action against Rufus and Yvette Steele after they defaulted on a mortgage on property located at 8257 Natures Drive, Tobyhanna,…