Pearl Voce and Allan Voce v. Wachovia Mortgage, FSB

Appellants appeal the trial court’s order denying their motion to vacate a final judgment of foreclosure for extrinsic fraud upon the court and upon appellants. Because we find that appellants’ motion was untimely and improper, we affirm.

Wachovia Mortgage, FSB, appellee, obtained final summary judgment of foreclosure against Pearl Voce and Allan Voce, appellants, on December 15, 2011. Appellants did not appeal. On September 27, 2014, appellants moved to vacate the final judgment for extrinsic fraud. They argued that the subject “Pick-a-Payment” note had “been determined to be a deceptively…