Flagstar Bank, F.S.B. v. Cleveland

Flagstar Bank, F.S.B. (“Flagstar”) appeals the trial court’s order setting aside a foreclosure sale and final judgment of foreclosure. We reverse because the trial court was without jurisdiction to rule on the mortgagor’s motion which attempted to relitigate matters which a predecessor judge had already decided four months earlier.

On December 2, 2008, Flagstar filed a complaint against Darcy Caravalho Cleveland a/k/a Darcy L. Caravalho (“Caraval-ho”), seeking foreclosure of a residential mortgage and reestablishment of a lost note. Caravalho did not file an answer or other responsive pleading.