Sylvia Higgins and Collier Higgins v. Dyck O'Neal, Inc.

MAKAR, J,,

dissenting.

A final judgment of foreclosure entered against Sylvia and Collier Higgins resulted in them home being sold at auction. Dyck-O’Neal, Inc., which was assigned the judgment and underlying note, sued in a separate proceeding to collect the deficiency between the amount due on the note and- the property’s value. A final judgment of default was entered against the Higgins because they failed to respond in the deficiency proceeding, A year later, the Higgins sought to void the default *167judgment, claiming the trial court lacked jurisdiction because the foreclosure court had…