Epstein v. Bank of America

Jan 28, 2015

OUTCOME: Reversed.

A Borrower appealed the entry of an Order Vacating Final Judgment to allow lender to file reformation of mortgage count 4 years after final judgment was rendered. On appeal the Order Vacating Final Ju ... dgment was reversed by the Fourth District Court of Appeals in favor of the borrower. The Fourth District found that the Order was "voidable" rather than "void," and that the lender did not have standing to raise due process rights of a third party as grounds to vacate the Final Judgment.