Henmor Funding Corp. v. Rodriquez

In this completed foreclosure action of a mortgage, plaintiff, the purchaser of the property at the sale and the present owner, seeks an order in the nature of a writ of assistance ousting the defendants, the former owners, of possession and putting the plaintiff in possession.

Defendants, against whom the writ is sought, cross-move for an order setting aside their alleged default and vacating the judgment of foreclosure and sale on the ground that service of the summonses were not made upon them and that in any event the plaintiff, by its action in accepting payments on account of the…