Osborne v. Neblett

¶ 11. In my opinion, the majority has confused the possibility of a void foreclosure with a void judgment.

¶ 12. We should consider whether the chancellor erred in the denial of relief to Perry Osborne under Mississippi Rule of Civil Procedure 60(b). I find that the alleged error was waived by Osborne because he failed to raise such claim before the chancellor. Therefore, Osborne is precluded from raising the issue for the first time in a post-trial motion.

¶ 13. The majority reviews the chancellor’s decision to ratify the foreclosure sale and finds that the notice was not sufficient under the…