Shumay v. Lake Chateau, Inc.

The issue before us is a circumscribed one. Does confirmation of a judicial sale in a foreclosure proceeding require an actual hearing regardless of whether it is requested by a party? In holding for Shumay, the mortgagee, the Court of Appeals rationalized that the defendants (mortgagors) were entitled to an opportunity to question the sale proceedings at a hearing, but in effect waived a hearing by making no request. The Court of Appeals also placed reliance upon the defendants’ counsel’s unqualified endorsement of the order of confirmation of sale without seeking a hearing or without…