April 29, 2021
A District Judge in Albuquerque, New Mexico today granted a homeowner’s motion to vacate a default judgment of foreclosure and to void the foreclosure sale. The homeowner is represented by Jeff Barnes, Esq. who prepared the motion and briefing and argued the matter this morning.
The homeowner had suffered years of health problems both personally and as to her family. Her mother passed away in her arms, and she had also been the victim of domestic abuse. Fannie Mae filed a foreclosure action and obtained a default judgment. All of this occurred while the homeowner was being devastated with personal tragedies and monumental life crises of her own and as to her family, and she was also under the understanding that foreclosures had been abated due to COVID.
The property was sold to a third party. Fannie Mae must now return the proceeds paid at the sale, and the property will be deeded back to the homeowner.
The Motion was predicated upon New Mexico rules of procedure which permit the Court to vacate a judgment and orders where there is a reason why the lawsuit was not responded to and where there is a defense, and also where exceptional circumstances exist to vacate a judgment or order.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com