Bank of New York Mellon v. Simpson

The Bank of New York Mellon [“BNYM”] appeals from the lower court’s order vacating the December 6," 2013 Consent Final Judgment of Foreclosure, as well as the Settlement and Release Agreement between BNYM and homeowner Keith A. Simpson [“Simpson”], We reverse and remand for reinstatement of the Final Judgment.

Simpson defaulted on his-mortgage in 2011. In 2013 the parties entered into a Settlement and Release Agreement [SRA] by which the Simpsons agreed to enter into a Consent Final Judgment in exchange for an extended foreclosure sale date and BNYM’s waiver of its right to seek a deficiency…