August 13, 2024
ShareKelley Kronenberg Successfully Defends Final Judgment in Complex Foreclosure Challenge
Kelley Kronenberg Attorney Bryan Jones, representing our mortgage lender client, successfully defended against a motion to vacate a final judgment in Florida’s 6th Judicial Circuit Court for Pinellas County. The Honorable Judge Thomas Ramsberger presided over the case.
The case involved a residential mortgage foreclosure where the borrower was served via publication after multiple unsuccessful attempts at personal service. Following the entry of a clerk’s default and a final judgment of foreclosure, the borrower filed an emergency motion to vacate the final judgment and default, claiming improper service of process.
At the hearing, Bryan effectively argued that the borrower failed to demonstrate excusable neglect, a key requirement for vacating a default judgment. He pointed out that the borrower’s argument focused solely on alleged improper service, without addressing any actual excusable neglect. Bryan also highlighted that the borrower’s motion did not seek to quash service, despite challenging its validity.
Crucially, Bryan argued that service by publication was proper, as the plaintiff had made diligent efforts to locate the defendant. He emphasized that allowing the motion would undermine the purpose of service by publication and create a problematic precedent.
Despite the typically liberal standard for vacating defaults, Judge Ramsberger agreed with Bryan’s arguments. The Court denied the borrower’s motion, upholding the final judgment of foreclosure. This outcome allows the foreclosure sale to be reset, avoiding the need to relitigate the entire case.
Bryan’s skillful argumentation and deep understanding of foreclosure law protected our client’s interests, exemplifying our firm’s commitment to delivering results in challenging legal scenarios. His success underscores the value we bring to clients facing intricate issues in mortgage foreclosure cases.
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