Nelson v. American Home Mortgage Servicing, Inc.

Defendant American Home Mortgage Servicing, Inc., appeals a trial court order that denied its ORCP 71 B motion to set aside a default judgment that the court had entered against it. Defendant contends that it is entitled to relief under that rule on a number of grounds, including that the judgment is void because plaintiff failed to serve a summons on it and, hence, the court did not acquire personal jurisdiction over it. See ORCP 4. We agree with defendant that the judgment is void as a result of plaintiffs failure to serve a summons on defendant, and, accordingly, we reverse and remand.

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