Virgo v. National City Mortgage Co.

The doctrine of res judicata precludes consideration not only of issues that were raised and decided in a proceeding but also of issues that could have been raised and decided. Angela Virgo appeals a motion to vacate a final judgment of foreclosure that sought vacatur on grounds that her participation in a federal modification program rendered the foreclosure inequitable. Because Virgo failed to raise this claim in a prior motion to vacate, we affirm.

Virgo executed and delivered a mortgage and note to National City Mortgage. Virgo defaulted on the mortgage, so in January 2009, National City…