Mesa v. Bank of New York

Marlen Cantero Mesa and her husband Luis Mesa appeal an order denying their motion to quash service of process, and to vacate a default and default final judgment in this foreclosure case. We reverse, because the trial court erroneously deterr, mined that a notice of appearance by counsel in and of itself constituted a waiver, of the Mesas’ right to contest personal jurisdiction.

FACTS

On July 18, 2008, The Bank of New York as Trustee filed a mortgage foreclosure complaint against the Mesas, asserting they had defaulted on their mortgage by failing to make payments due from July 1, 2007. The…