Meritor Motgage Corp.—East v. Henderson

WIEAND, Judge:

The issue in this appeal is whether the failure to give notice of foreclosure proceedings to an heir in possession of real estate mortgaged by a predecessor in title, now deceased, can be raised, in defense of an action in ejectment to recover possession by the mortgagee who purchased the real estate at sheriffs sale. The trial court deemed the heir’s defense a collateral attack on the foreclosure action and disallowed the defense. Therefore, it entered summary judgment in favor of the mortgagee-purchaser. After careful review, we reverse.

In 1982, Emma B. Henderson executed a…