Epstein v. Bank of America, National Ass'n

The homeowner appeals the trial court’s order granting the bank’s motion to vacate the final summary judgment of foreclosure, sale, and certificate of title. The homeowner argues that the trial court erred in granting the motion filed over three years after the final summary judgment was entered. We agree and reverse.

Factual Background and Trial Court Proceedings

The problem began when the mortgage was signed using an incorrect legal description for the real property. Subsequently, the bank filed a foreclosure complaint. In December 2009, a final summary judgment of foreclosure was entered…