Paterra v. Hansen CA4/1
ABS REO Trust II (ABS) appeals from an order denying its motion to correct/vacate the portion of a prior quiet title judgment adjudicating the rights of a defaulting party (Clarion Mortgage Capital, Inc. (Clarion)) despite that Clarion had not been served with the operative amended complaint and the court did not hold a hearing on the plaintiff’s claims against Clarion.
We conclude the court erred in denying ABS’s motion. ABS had standing to bring this motion and it met its burden to show the prior judgment was void as to Clarion. We reverse the order and remand with directions for the court to grant ABS’s motion and strike the portions of the prior judgment relating to Clarion.
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